Senate Bill 778 Becomes Public Act 56

The Michigan Senate and House have passed legislation that clearly defines and restricts the type of activities that may legally occur at the thousands of public road ends that terminate on Michigan’s inland lakes and streams. The bill revises the Natural Resources and Environmental Protection Public Act 451 of 1994 by adding a section that specifically addresses public road ends. The legislation was signed by Lt. Governor Calley on March 22,2012 and takes affect immediately as Public Act 56.
The language of Senate Bill 778 provides statewide legal codification of nearly twenty year old court rulings that limited public road ends to one public dock, forbids overnight mooring and the installation of boat hoists. The Michigan Waterfront Alliance, Michigan Lake and Stream Associations and the Higgins Lake Property Owners Association have been pro-actively pursuing the introduction and passage of public road ends legislation for many years. Unregulated activity at public road ends has contributed to public road right of way hazards, promoted uncivil behavior, shoreline degradation and has created additional pathways for the introduction of aquatic invasive species into Michigan lakes and streams. Read the rest of the details at the Michigan Lake & Stream Associations website:

http://www.mymlsa.org/

‘Sprummer’

While folks are still cleaning up from a major snow storm that dumped 2′ of wet snow on March 6th, downed power lines and wreaked havoc on trees, it’s hard to believe that we have apparently skipped Spring & jumped right into Summer – thus the term some of us have being calling ‘Sprummer’.

Temperatures climbed to 82 degrees in Traverse City Saturday, as this recent heat wave smashed dozens of old St. Patrick’s Day temperature records. Conditions are very dry and there is a fire danger warning. Anyone wishing to burn brush and leaf clean-up piles must obtain a fire permit and use extreme caution. Keep the burn pile small, keep a water hose near by or pails of water, and keep it under supervision at all times.

Remember, Smokey Bear says, ‘Only YOU can prevent wildfires’.  

Marina Expansion Draws Many Critics

By Amy Hubbell
Of The Enterprise staff

About 120 people turned out at the Glen Arbor Township hall March 7 for a Department of Environmental Quality public hearing on an application by Michigan Fun Venture, Inc. for a permit to expand —from seven to 46 — the number of slips at On the Narrows Marina and the number of buoys from 12 to 16 at the same site

Conor McCahill, the applicant of record for the permit, briefly presented plans for expansion of the business purchased by his family two years ago.
“We’d like to expand to meet increasing demand,” he said, adding there is an extensive waiting list for marina slips. “We would provide additional access, increase efficiencies and provide handicapped access to the water.”

But opponents of the proposed expansion at the hearing were many. Chief among them is the Glen Lake Association (GLA) which was represented in part by Christopher Grobbel of Grobel Environmental & Planning Associates.

The environmental engineer is familiar with Glen Lake because of his involvement with the recent dredging of the nearby narrows in 2009.

“There’s a question about where the MDOT (Michigan Department of Transportation) interest begins and ends, and appears to be the same area the applicant is talking about,” Grobbel said.

Andy DuPont, GLA president, followed Grobbel’s presentation with a letter from Corey J. Hughes, a riparian bottomlands and boundary consultant in which he also questioned whether the McCahill’s have riparian interest at the site of the proposed expansion, south of the current marina location. Hughes stated that the marina property appears to have been first cut out of a larger parcel owned by Max M. Ray in 1935.

“At that date (July 31, 1935) the highway obviously existed and it would be reasonable to assume that Mr. Ray did not intend to convey any existing uplands southerly of the south property line,” Hughes wrote. “It would be incorrect survey practice to extend the property and riparian boundary line southerly as shown in the … documents.”

In addition to the question of riparian rights, numerous concerns were expressed about the environmental impact of the project.

“That’s an increase (in slip numbers) of 6.5 times,” Grobbel said. “The marina would occupy nearly three acres and the property itself is less than .20 acres.”

Expansion would have a negative impact on navigation, Grobbel continued, citing previous DEQ denials for request to expand at the existing site. The requests — in 1993 and 1999 — were to increase the number of slips at the marina from seven to 14.

“The proposal is not less, but more than what was denied previously,” Grobbel said.

Rob Karner, GLA watershed biologist, said he believes fish habitat would be lost to the expansion.

“There will be significant disruption of a cobble (stony) area which would decrease spawning area,” Karner said. “I’m opposed to any project which would do this.”

Anglers were also concerned.

Roy Pentilla lives one-half mile from the narrows on McFarlane Road. He first began fishing on Glen Lake in 1947.

“My propeller has hit the bottom many a time in that area,” said Pentilla, noting his catches include rock bass and perch which he believes would be adversely impacted by marina expansion. “I’m retired and used to work in economic development. It (the marina) should be allowed to expand, but only it if doesn’t impact the lake negatively.”

Thomas McCahill, father of the applicant, spoke about his family business.

“We’ve been portrayed by many in a negative light, ” the older McCahill said. “We employ 20 high school kids each summer. Our goal is to be responsible business owners.

“Many here are fortunate to have riparian access to the lake. But the lake is a public resource.”

The public comment period on the application will remain open through Saturday. Comments should be sent to Robyn L, Schmidt, 120 W. Chapin St., Cadillac, MI 49601. She’s the hearing officer for the application.

As of last week, Schmidt said the department had received approximately 165 comments on the proposed expansion project.

The department may approve, approve with conditions (modify) or deny the application outright. The second alternative involves the agency offering a modified, draft permit for the applicant to review and countersign if it accepts the changes.

“We work with the applicant to develop the modifications, so they are aware of and can discuss changes made to the original proposal,” Schmidt explained.

By law the agency has until May 17 to issue its finding.


GLA NOTE: Your comments can be emailed to Robyn Schmidt at schmidtr1@michigan.gov. You must include your name and a valid email address. Reference the application for permit 11-45-0055-P and Glen Lake On The Narrows Marina.

March 17th Deadline to Voice Your Thoughts to MDEQ on Marina Expansion

A Public Hearing was held on Wednesday, March 7, 2012, at 7 p.m. at the Glen Arbor Township Hall to gather information from interested persons concerning the On The Narrows Marina expansion permit request. Details of the expansion permit request can be found on the GLA website at: http://glenlakeassociation.org

123 people attended the hearing which opened with a presentation from Conor McCahill explaining the proposed expansion and how the expansion would provide more boat slips and moorings that are in short supply as well as improved access to toilets and handicap access while doing all they could to protect the lake, water quality and fish habitats.

Grobbel Environmental then made a presentation requesting for denial of the permit based on the detrimental impacts on fish habitats, riparian rights and water quality as well as excessive size for the shore frontage, and citing two past permit denials based on similar reasons. All of this being exacerbated by the very shallow nature of the area.

There were about 20 individuals who made comments on parking, congestion, safety, speed limits, visual impact and more. It was noted that many interested individuals were not able to attend the Public Hearing, which is a major reason for sending this email.

The public hearing record remains open through this Saturday, March 17 and we encourage you to voice your thoughts (support or opposition) so that the MDEQ can make a well informed decision.

Your comments can be emailed to Robyn Schmidt at schmidtr1@michigan.gov. You must include your name and a valid email address. Reference the application for permit 11-45-0055-P and Glen Lake On The Narrows Marina.

Written comments must be received on or before March 17th at the following address:
MDEQ
PO Box 30458
Lansing, Michigan 48909-7958

The MDEQ will make its final decision on or before May 17, 2012.

Michigan House Completes Action on Road End Legislation

The Michigan House passed legislation to codify court decisions that clarify how citizens may use public road ends at an inland lake or stream. Specifically, SB 778, introduced by Sen. Mike Kowall, states that a road end shall not be used for the construction, installation, maintenance or use of boat hoist or boat anchorage devices, mooring or docking of a vessel between midnight and sunrise, or any other activity that obstructs access in or out of the inland lake or stream. The bill also allows a local unit of government to prohibit the use of a public road end that violates the conditions contained in the bill. Finally, the bill states that a person in violation is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both. The bill should be on its way to the governor soon.
Empire and Glen Arbor Townships have already passed an ordinance prohibiting docks, boat hoists or other watercraft storage facilities at public road-ends on inland lakes and streams.
Empire Township road_end_ordinance-1

These ordinances protect the eight road ends terminating at the Glen Lake shorelines:
• Empire Township: Dorsey Road, Agnew Road, Liberty Road, Division Road and Harringer Beach Road
• Glen Arbor Township: Lake Street, Brooks Road, and Hunter Road.

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