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Preserve the Dunes Newsletter                                                          August 15, 2008

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In This Issue
Changes Proposed to Covert Zoning Ordinance
Hugh Anderson Dies
How Mining Destroyed Rogers Creek
Successful Benefit
Garlic Mustard Update
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Covert Planning Commission Proposes Zoning Revisions
Citizens Concerned About Changes to Lakefront Residential Area

On August 20, the Covert Planning Commission will meet for what may be the last time before holding a public hearing on its recommended changes to the zoning ordinance. That public hearing is scheduled for 6:00 PM, Wednesday, September 17, at the township hall. We are dismayed with several of the proposed revisions. If adopted, they will dramatically change the lakefront of Covert and diminish its beauty.

The first change will reduce the side yard setbacks from 30 feet to 10% of the width of the lot (but not more than 30 feet). The absolute minimum would be 5 feet, which is less than any other district in the township!
2-2 1/2 story houses just 10 feet apart An illustration of proposed minimum separation between two maximum height houses.

Set backs are measured to the face of the enclosing wall. Therefore, projections such as steps, entries, roof overhangs and balconies are allowed within the side yard setback. Part of a neighbor's house or garage or guest house could be within several feet of your property.

And then there is the issue of life safety and preservation of property. Historically, house fires in this area have set nearby trees on fire. Imagine if another house were only 10 feet away. By the time the fire department arrived at the scene, both houses would be on fire.

The second change is a major reduction in the setback from the lake. The waterside setback is now 200 feet behind the 60-year setback line as determined by the DEQ. It is now proposed that in High Risk Erosion Areas, the setback will be the DEQ's 30-year setback from the erosion hazard line (EHL). The erosion hazard line is defined as "the line along the shoreland that is the landward edge of the zone of active erosion or the line where the 583.0 feet international Great Lakes datum contour on Lake Michigan ... meets the shoreland, whichever is furthest landward." The location of this line changes over time as the beach erodes and accretes. Only the DEQ can determine its location.

The reduced setback will allow structures to be built well in front of existing houses. This will interfere with views from existing properties and change the character of the lakefront. Currently, there are areas in the township where the 30-year setback would even allow construction on the beach.

Where there is no EHL, such as most of Wilderness Dunes, the setback is defined as the average of the 30-year setback on the first properties north and south that are in a high-risk erosion area. This will require that the DEQ identify that setback on two other properties, and that the property owner retain a surveyor to determine the distances from those points to the water edge, average the two distances, and then locate that distance on the owner's property. The process is cumbersome and to our knowledge, the DEQ has not even been consulted.

It is not all bad news. The 5-acre minimum lot size and 200-foot width have been retained. The Administrative Variance provision has been deleted. This was a provision that the Zoning Administrator could issue certain variances without consideration by the Zoning Board of Appeals.

Other important issues are still under consideration and will be addressed at the upcoming meeting on August 20. We will update you on those issues.

If you have property within the lakefront area of Covert, you should plan to attend the hearing to voice your opinion of the revisions. If you cannot attend you can write the Planning Commission at P.O.Box 35, Covert MI 49043 or fax to (269)764-1771. Please copy PTD at P.O. Box 581, Riverside, MI 49084 or email to info@sosdunes.org.
Hugh V. Anderson: 1921 - 2008
PTD Founding Member, Treasurer

Hugh Anderson died on July 5. He had been a founding member of Preserve the Dunes and was there from the very first meetings when we discussed the new threats of sand mining. Hugh had served as board member since the incorporation of PTD and served as treasurer for the past three years.

Hugh always provided sage advice. He was guided by the highest principles. He will be sorely missed by all who knew him.
Rogers Creek -  A Drainage Ditch
How Sand Dune Mining at Nadeau Pit & Nadeau Site Destroyed Rogers Creek
fennvalley
Recently someone said to me, "I can't wait until the sand mining is complete so the creek will come back." Another beach stroller was shocked to learn that Rogers Creak had been the only natural trout stream in southwest Michigan.

In the early 1980s, a DNR Land Resource Division staff member wrote that Rogers Creek was a "top quality trout stream." At that time there was significant, year round, flow of cold water in the stream.

The creek teemed with native fauna: several varieties of fish, frogs, water spiders, Mayflies, etc. It attracted Kingfishers and Great Blue Herons. Kids caught tadpoles. At the mouth of the creek in the early spring, men netted smelts after dark.

Today the flow is high for a few days after a rain. And then, very quickly the flow drops significantly. Despite a wet spring and summer, the flow in the stream is very low.

What happened?

As early as December 1997, when we discovered that dredging had been continuing at the Nadeau Pit for several years without a permit (or oversight), PTD expressed concern about the impacts of mining and dredging on Rogers Creek.

Hearings were held, but the DEQ's Geological Survey Division accepted the assurances of the sand mining company. They stated their qualifications as experts and that based on their scientific and technical opinions, the creek would not be effected. Our concerns were brushed aside. Our consultants were ignored.

At each subsequent permitting occasion, we raised questions about the impacts of mining on Rogers Creek. But the sand dune mining continued to expand. The dredge lake continued to be enlarged. A second mine was opened at the Nadeau Site in Hagar Township. And the water table continued to be lowered - it had dropped 18 feet by 2005. The flow in the creek diminished. The fish disappeared. Then the Kingfishers. The Great Blue Herons came less and less often. Only one or two have visited the creek this year.

In 2006 PTD published a  detailed analysis of what was happening to the creek in a technical report (7.5MB).

To summarize, the dunes act like sponges. Rain and melted snow seep into the sand. (At the water table, as much as 25% of the dune is water.) This water travels slowly through the sand and emerges at the edge of the stream and contributes to the flow.

When the dunes were removed the storage capacity was reduced. Calculations indicate that the water that had been stored in the dunes in 1998, that was no longer available in 2005 could have fed the creek for as long as 38 months at the 2005 rate of flow.

In 2005, ground water discharge accounted for 70% of the base flow. In 1998, the base flow had been 1.8 times higher than it was in 2005. Today as mining is nearing completion at the Nadeau Site, the base flow has further diminished.

Unfortunately, we have to report that the Rogers Creek will never be revived. The sand mining has turned it into little more than a drain for surface run-off of precipitation that falls in its 6.4 square mile catchment area.

The destruction of Rogers Creek teaches us that the company experts, both on staff and hired consultants, do not know as much as they claim, that the regulators have become enablers, and that economic considerations trump conservation interests. Once destroyed, the resource is gone forever.
 
fennvalley Successful (& Fun) Benefit

The benefit was held July 19 at the Fenn Valley Winery. Well over 100 supporters enjoyed the food, wine, music and companionship.

It was also an opportunity to learn about the efforts of other environmental organizations. Representatives of the Allegan Conservation District, Friends of Deerlick, Friends of Jean Klock Park, Friends of Northpoint, Sarett Nature Center, Saugatuck Dunes Coastal Alliance, and Southwest Michigan Land Conservancy had tables displaying current programs and activities.

The silent auction raised over $3,000 in addition to ticket sales. There were some great bargains and some highly competitive bidding.

Thanks to the members of the committee who made it all happen, especially the chairperson Marcy Colclough and Georgia Boerma.

If you weren't able to come to Fenn Valley, but still want to make a contribution to support Preserve the Dunes' efforts, click here.
Update on Garlic Mustard
How this small plant can destroy our forests

WBEZ (Chicago NPR station) had a report on the Garlic Mustard plant and the mechanism by which it destroys forests. Listen to the report or read the transcript.

fennvalley



"These dunes are to the Midwest what the Grand Canyon is to Arizona . . .
once lost, the loss would be irrevocable." Carl Sandburg
 
Sincerely,

Preserve the Dunes