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News from the Keweenaw Peninsula Posted November 25, 2002 Text © 2002 Michele Anderson. Photos © 2001 Keweenaw Now and John Griffith

DEQ permit for Gratiot River bridge proposal allows public comment until Nov. 27

LANSING -- A 20-day public comment period on an permit application to the Michigan Department of Environmental Quality (DEQ) for a bridge across the Gratiot River in Allouez Township will end on Wednesday, Nov. 27. The public notice for this application is dated Nov. 7. Any request for a public hearing on the issue must be made by Nov. 27.

The proposed site of the bridge is within the area of Keweenaw County's recent 100-acre land acquisition at the mouth of the Gratiot River, including 4,000 feet of Lake Superior frontage and 3,000 feet of river frontage for a county park. At the time of the county's closing on the property, purchased from Lake Superior Land Co. (LSLC), a subsidiary of International Paper (IP), an easement for road access and utilities was added by LSLC for the benefit of six private landowners in Section 12, adjacent to the area of the county's purchase. Keweenaw County received more than $400,000 from the Michigan Natural Resources Trust Fund and a $132,000 grant from the North American Wetlands Conservation Act (NAWCA) to purchase the Gratiot property.

A proposed bridge across the Gratiot River could be built about 700 feet from Lake Superior at the mouth of the river (not far from where this photo, looking upstream, was taken) in Allouez Township. Keweenaw County recently purchased 100 acres of this area for a public park. An easement added to the land sale from Lake Superior Land Co. allows building a private road and bridge for access to Section 12 landowners.  (Photo courtesy John Griffith)

If the bridge is built, the county would probably have to return the NAWCA funds, which do not allow any structures to be built on the land purchased with these funds.

The purpose of the bridge is to provide access, by means of the easement, to properties in Section 12 on the north side of the river. Glen Tolksdorf, one of the six Section 12 owners, has applied for this permit, in the name of the Section 12 property owners, to the DEQ Division of Land and Water Management (now the Geological and Land Management Division). The permit application is under Part 301, Inland Lakes and Streams, of the Natural Resources and Environmental Protection Act, 1994 PA451, as amended.* Tolksdorf's proposal is to install over the Gratiot River a 12 ft. x 70 ft. bridge, which will connect with the county road on the south side of the river and permit road access to the properties north of the river.

"The bridge degrades and devalues the recreational values of the property," said Don Keith, Keweenaw County Commissioner.

John Griffith, and his wife, Jane Griffith, co-founders of the North Woods Conservancy, also own  property adjacent to the county's Gratiot land purchase. The Griffiths helped facilitate the county's acquiring NAWCA funds to supplement the funds received from the Michigan Natural Resources Trust Fund. John Griffith said the permit application indicates no study of impacts the bridge could have.

"The bridge would ruin the purpose for which the park was purchased," he said.

Bridge not allowed under NAWCA grant for county park

The Griffiths noted that, since the county's 100-acre parcel was acquired in part with funding from NAWCA, the construction of such a bridge would require that the county return these funds, since NAWCA funds, meant for wetland and waterfowl habitat protection, do not allow development on the land they are intended to protect. The county recently received a check for more than $132,000 from NAWCA for the Gratiot purchase.

John Griffith gave four reasons for opposing the bridge permit application:

1. If the bridge is built, the county will have to return the NAWCA funds and would have to raise an equivalent amount in order to keep the property purchased for the park.

2. The easement for the bridge benefits only the six Section 12 private landowners and not the public. [The Public Notice on the permit states: "The proposed project may also be regulated by one or more additional parts of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, that are administered by the Geological and Land Management Division (GLMD). The requirements of applicable parts are considered in determining if it is in the public interest to issue a permit."]

3. The whole acquisition was public money, and since the bridge doesn't benefit the public it is harmful to the purposes of the park (public access and recreation).

4. While the mouth of the Gratiot land purchase was made by Keweenaw County, one important reason it happened was that the North Woods Conservancy, a partner in the NAWCA grant project, and the Copper Country Chapter of Trout Unlimited (CCCTU), whose members have been working with the Michigan Department of Natural Resources to plant coaster brook trout in the Gratiot River, worked hard to raise funds for the county purchase.

Bridge could harm Gratiot River fishery

Ray Weglarz -- CCCTU board member, Allouez Township resident and a strong supporter of Keweenaw County's application for the mouth of the Gratiot land purchase -- said on Nov. 25 that he personally would request a public hearing from the DEQ on this bridge permit application.

At a Keweenaw County Board of Commissioners Ways and Means meeting in October 2001, Ray Weglarz, Copper Country Chapter of Trout Unlimited board member, center (sixth from left in front row), speaks in favor the Keweenaw County's application for grant money to purchase land at the mouth of the Gratiot River. Seated at his right is Bill Deephouse, CCCTU president, and at his left John Parsons, CCCTU board member. Seated behind them in the second row are Jane and John Griffith. (Keweenaw Now file photo)

"I am totally opposed to a bridge at the mouth of the Gratiot River from a fisheries standpoint and from a recreational standpoint," Weglarz said. "It will destroy much of the appeal of the area, which is its remoteness and its wild nature. That bridge will benefit only a few individuals and is not in the greater public interest."

Weglarz added he does not  believe it's possible to construct a bridge at that location without seriously damaging the fishery habitat of the lower river. 

"I cannot in good conscience let that happen," he said.

Keweenaw County Commissioner and Board Chairman Frank Stubenrauch said having to return the NAWCA funds would be a problem for the county.

"It would be a big issue with the people of the county if we had to give back the $132,000," Stubenrauch said. 

He noted tax money could eventually replace it, but it could take a long time to raise that amount from the county's share of property taxes, which also support schools and the townships.

"I sympathize with Tolksdorf to some extent. He's landlocked." Stubenrauch said. "I think Mr. Tolksdorf has tried every approach (to access his property)."

Loss of NAWCA funds could jeopardize potential Phase 3 NAWCA projects

Jeff Knoop, The Nature Conservancy director of land protection for the western Upper Peninsula, said that withdrawal of the NAWCA funds from this land acquisition, part of Phase 2 in the extensive NAWCA project (involving several Lake Superior watershed partnering groups across the Upper Peninsula) could jeopardize Phase 3 of the NAWCA grant, which is still in the planning stages.

Knoop, who attended a Nov. 7, 2002, meeting of the NAWCA partners in Eagle Harbor, said Phase 3 of NAWCA could include potential projects in Eagle Harbor Township and Bete Grise South, as well as other potential wetland and lakeshore projects.

Eagle Harbor Township Supervisor Doug Sherk confirmed on Nov. 24 that the final signed papers for a NAWCA grant of $85,000 toward the township's 399-acre purchase of a Long Lake Wildlife Refuge have been received from Lake Superior Land Company. Dec. 20 is a tentative date for the closing on the purchase. The Long Lake property is west of Eagle Harbor and contiguous with the Eliza Lake parcel purchased by the Township in 2001. While the Eliza Lake purchase was funded by the Michigan Natural Resources Trust Fund for recreation, this Long Lake parcel is receiving NAWCA Phase 2 funding because it will protect nesting, migrating waterfowl, owls and other bird life and animal life, while allowing low-impact public access, Sherk said.

"It protects the land from further development. The land is still open to the public. There are hiking and cross-country ski trails in there," Sherk explained. "A lot of this is wetland. It's a mixture of sand dunes, marsh and wetlands."

Additional funding for the Long Lake parcel includes a $75,000 grant from the Lake Superior Basin Trust, already received, and $14,000 to be provided by the township, for the total purchase price of $174,000.

Eagle Harbor Township is also looking forward to Phase 3 NAWCA funding for future projects, Sherk added.

"We're looking at projects for Phase 3 that would complement the objectives of our current holdings," Sherk said.

He noted the township's objectives include continuing public access without further development.

Sherk said on Nov. 23 that he was unaware of the Gratiot River bridge permit application.

"I hadn't heard about that, and I really don't know what the effect would be on the county," he said.

The description of the bridge in the Public Notice is as follows: "The proposed bridge will be placed on concrete abutments, with 10 cubic yards of riprap placed between the abutments and river bank on each end of the bridge. The proposed bridge will also require an approach of 200 ft. in length to the south, which will require approximately 100 cubic yards of gravel/sand fill. The northern bridge approach will connect to existing grade and will require approximately 100 cubic yards of gravel/sand fill."

In an Aug. 23, 2002, letter to Cary Gustafson, district representative of DEQ Land and Water Management Division (now the Geological and Land Management Division), Crystal Falls, Tolksdorf notes the bridge site is "approximately 700 feet from the mouth of the Gratiot/Lake Superior southeast in Government Lot 1, Section 14, T57N, R33W, Allouez Township." He adds the proposed bridge site is in the same location as a previous bridge which "did not exist for approximately 40+ years estimated." Two of the Gratiot River photographs (showing area of the proposed bridge) sent to the DEQ show an old wooden abutment from a previous bridge.**

Gustafson said he visited the site of the proposed bridge with Tolksdorf during the summer of 2002.

"I was out there before (the application) doing some technical assistance," Gustafson said on Nov. 25.

DEQ engineer says potential bridge would not harm stream flow

Gustafson said at that time he told Tolksdorf the bridge would have to be a free span bridge (bank to bank, with no support in the middle of the river). Gustafson noted he has since received engineering approval for Tolksdorf's bridge proposal (as described in the Public Notice) from Sheila Meier, flood plain engineer at the DEQ Negaunee office. He said Meier "used computer models to predict whether the bridge would cause harmful interference to the flow of the stream during flood stage."

Meier's information is based on requirements of Part 31 of PA 451, under Water Resource Protection (Flood Plain Regulatory Authority). 

After viewing one of the drawings of the proposed bridge, received by the DEQ on Oct. 3, 2002, Chuck Brumleve, geological engineer and Keweenaw County resident, commented, "It (the bridge) has no engineering specifications on which it can be judged. It looks like a cartoon."

In an Aug. 29, 2002, letter to Cimmeron McRae of the Permit Consolidation Unit, DEQ Land and Water Management Division in Lansing, Tolksdorf states that no wetlands will be affected by the bridge. He adds that when Cary Gustafson inspected the site of the proposed bridge he "did not see a problem with wetlands within the bridge site area."*

However, nothing on the permit application indicates any wetland delineation has been done in the area of the proposed bridge site.

The Gratiot River, near its mouth, provides habitat for wildlife and fish as well as recreational opportunities in a wild, remote setting. (Keweenaw Now file photo)

However, nothing on the permit application indicates any wetland delineation has been done in the area of the proposed bridge site.

Gustafson said he planned to visit the site again once he has reviewed all the information and public comments. He said any request for a public hearing must be made by Nov. 27.

"That doesn't mean you can't make comments after that date," Gustafson added. "We will still consider them."**

He explained that comments should be relevant to the laws that govern this type of permit, namely, Part 301, Inland Lakes and Streams. The criteria he follows for the permit are stated as follows under 324.30106 Prerequisite to issuance of permit; specification in permit: 

Sec. 30106.

The department shall issue a permit if it finds that the structure or project will not adversely affect the public trust or riparian rights. In passing upon an application, the department shall consider the possible effects of the proposed action upon the inland lake or stream and upon waters from which or into which its waters flow and the uses of all such waters, including uses for recreation, fish and wildlife, aesthetics, local government, agriculture, commerce, and industry. The department shall not grant a permit if the proposed project or structure will unlawfully impair or destroy any of the waters or other natural resources of the state. This part does not modify the rights and responsibilities of any riparian owner to the use of his or her riparian water. A permit shall specify that a project completed in accordance with this part shall not cause unlawful pollution as defined by part 31.

Public comments on this bridge permit application should be addressed to Cary Gustafson, DEQ Geological and Land Management Division, 1420 U.S. 2 West, Crystal Falls, MI. 49220. Concerned citizens may contact Cary Gustafson by phone at (906) 875-2071 or email him at gustafsc@michigan.gov. Comments may also be faxed to Gustafson at Fax # (906) 875-3336.

Glen Tolksdorf could not be reached at the time of publication of this article.

Editor's Notes: *Part 301, Inland Lakes and Streams, requires a permit for certain activities impacting wetlands, including dredging or filling bottomland; constructing a structure on bottomland; and structurally interfering with the natural flow of an inland lake or stream. ("Bottomland" means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water.) Visit the Michigan Legislature Web site for details on Part 301. **Documents concerning the bridge proposal -- the Aug. 23, 2002, application as well as drawings, photographs and correspondence between the DEQ and Glen Tolksdorf and the (Nov. 2, 2001) private road and utility easement granted to the Section 12 owners by Lake Superior Land Co./International Paper -- are posted on the Keweenaw Liberty Library (Click on What's New) and on a DEQ Web site in pdf format (Adobe Acrobat Reader can be downloaded for free to read pdf files.) Keweenaw Now is grateful to Chuck Buck of the Keweenaw Liberty Library for calling our attention to the bridge permit application. For background on Keweenaw County's land acquisition at the mouth of the Gratiot River see "County expects to close on Gratiot River purchase by Dec. 15" and "Compromise on Gratiot River easement may increase land for public access."

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