Past-President's Letter to the DEQ

June 25, 2008

Ms. Robin Schmidt
DEQ Cadillac Office
120 W. Chapin St.
Cadillac, MI 49601-2158

RE: File # 08-28-0005-V

I am writing in my capacity as President of the Elk-Skegemog Lakes Association (ESLA-- http://www.elk-skegemog.org/). ELSA has been protecting the waters and shoreline of Elk and Skegemog Lakes since the beginning of the organization in 1950. We have over 600 members and continue to monitor water quality, educate and inform, and address issues that may affect the shoreline and waters of the Chain of Lakes Watershed.

It is not in the interest of our members or supportive of maintaining the high quality of our lakes to have shoreline vegetation and trees stripped away. As you know, this reduces habitat, increases the potential for shoreline erosion, and removes the vegetation buffer that is important in filtering nutrients and pollutants from runoff. ESLA consistently works to educate and inform all riparians regarding best shoreline practices. For example, please see the excerpt below from our upcoming July 2008 Newsletter, which is directly pertinent to this matter:

President's Message
The Ugly, the Bad, and the Good

I recently received a call from an ESLA member living on the south end of Elk Lake. A new house was being built near his property. Reportedly, the shoreline had been essentially clear-cut, removing virtually all of the existing mature trees along with most of other shoreline undergrowth. While this may be "legal" in some local townships if there is no existing shoreline buffer ordinance, it certainly falls into the category of "ugly". If you have ever taken a boat ride on Elk or Skegemog Lakes, you know that these naked parcels of shoreline are eyesores that protrude visually for miles. Further, the ugliness was compounded when the property owner and contractor reportedly proceeded to armor the now denuded shoreline with large boulders and rocks. Armoring shorelines on Elk and Skegemog Lakes to prevent erosion is usually not necessary if the natural trees and vegetation are left undisturbed. In this case, disturbing the shoreline also fell into the category of "bad". Hard armored shorelines are bad for the lakeside ecology because they provide no buffer for nutrient absorption and minimum habitat for flora and fauna. In this particular case, it was doubly bad since the proper DEQ permits reportedly had not been obtained.

Shoreline alterations up to the highwater mark, such as rip-rap, sea walls, dredging, building permanent shoreline structures, filling wetlands, and building boat ramps all require permits from the DEQ. Other changes to the surface soil which could affect erosion and are within 500 feet of the lakeshore also require DEQ approval--typically these Part 91 permits are issued by the County Soil Conservation District. Although there are substantial fines for not following these regulations, once the damage is done, it is often difficult to restore.

Why would a property owner produce such shoreline ugliness? Whatever the reasons, each of us who are better informed has an opportunity to help our neighbors identify the practices which will best protect the water quality of our beautiful and unique lakes and streams. If you have a neighbor who hires a lawn service or personally applies fertilizer to their lakefront lawn, help them understand that runoff from lawn fertilizer (particularly phosphorus) is one of the main pollutants in Michigan lakes and streams. If your neighbor has a house that collects rain into gutters which are then emptied into the lake, help them understand that sediment is a major pollution source in Michigan lakes and streams. If you have a neighbor that wants an unimpeded lake view from their house, help them understand that it is the trees and understory vegetation along the shoreline which filter pollutants, stabilize the shoreline, and provide natural habitat. Suggest that selective pruning and footpaths will permit views without the need to destroy shoreline trees and vegetation. If you have a neighbor that wants a sandy beach, help them understand that having sand hauled in and deposited to create a lakefront beach contributes to sediment buildup. If you have a neighbor that is concerned about shoreline erosion, help them understand that hard armoring of the shoreline is not the preferred approach and that there are better ways to prevent continued erosion. If you have a neighbor that has not had their septic system inspected and maintained, help them understand that leaking septic systems pose a significant hazard to both ground water and surface water.

Of course ESLA, as well as many other conservation and local governmental organizations, also can provide materials and expertise to educate and assist property owners. However, all this information is not meaningful if the message is not communicated effectively. As a neighbor, you may have the optimal opportunity to influence and inform regarding the "good". By informing and gently advocating, you can make a difference.

Our education efforts, to be most effective, must be reinforced by appropriate enforcement of applicable State regulations when proper procedure and permits are not followed. I hope you will act promptly to address the situation that Mr. and Mrs. Janis have brought to your attention. Thank you for your attention to this matter.

Dean W. Ginther, Ph.D
President
Elk-Skegemog Lakes Association

Past-President's Letter to the DEQ

Sent: Friday, January 25, 2008 2:56 PM
Subject: DEQ complaint number 07-05-0015-V

January 25, 2008

David Jentoft
DEQ Field Office
2100 West M-32
Gaylord, MI 49735-9282

Dear Mr. Jentoft,

I am writing in my capacity as President of the 650 member Elk-Skegemog Lakes Association (ESLA) regarding the construction of a road to access the Pollister property in Elk Rapids Township. It is my understanding that access to this property is available via alternative routes that would not disturb the wetlands adjoining Birch Lake. ESLA supports the DEQ finding that construction of this road is a violation of applicable laws and we expect that the person or persons responsible should be responsive to addressing this violation. ESLA is strongly in support of DEQ's efforts to require a complete restoration of the destroyed wetlands and we urge the imposition of any applicable penalties and fines if the situation continues to be without remediation.

Dean Ginther
Elk-Skegemog Lakes Association, President