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December
Black Bear awaits DEQ septic permit
MARQUETTE -- Black Bear, Inc., developer of the Mt. Bohemia Ski Resort and
subsidiary of Crosswinds Communities, Inc., is waiting for final approval of a Part 31 Wastewater
Discharge Exemption for the sewer and drainfield septic system constructed
recently for the ski resort near Lac La Belle. The Waste Management Division of
the Michigan Department of Environmental Quality (DEQ) had earlier expected to
issue the permit in November, but the DEQ Surface Water Quality Division staff
-- who did baseline water testing of Lac La Belle last summer -- requested more information that has delayed the permit.
In addition, DEQ Land and Water Management staff recently inspected a wetland to
the west of the drainfield in response to residents' concerns, but found no
evidence that their division should be involved in the permitting process at
this time.
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Grant Township residents expressed concern about these wetlands to the west
of the Mt. Bohemia septic drainfield. DEQ Land and Water Management Division
staff visited the site last week
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Limitation of the phosphorus content of the effluent was a concern for the
Surface Water Quality Division (SWQD) last month, but that problem seems to have
been resolved by a proposed flow reduction from U.P. Engineers and Architects.
In November, they sent the DEQ a response concerning limitation of
the phosphorus loading. They proposed reducing the total annual flow from
3,102,500 gallons to a total of 845,000 gallons per year. This does not include
a reduction of their peak daily flow of 8,500 gallons per day.
"It takes into account the seasonal nature of their activities,"
said Randy Conroy, senior district geologist for DEQ Waste Management Division
in Marquette.
In other words, while the daily flow during the skiing season remains at
8,500 gallons per day, the daily flow during the rest of the year would be considerably
less.
In a Nov. 30, 2001, letter to John Sullivan, principal of U.P. Engineers,
Conroy said the DEQ was approving the proposed annual wastewater volume
revisions and had incorporated appropriate flow figures and additional language
in the draft Part 31 Exemption.
"The routine monitoring of wastewater for phosphorous concentrations
will be utilized to calculate loading to the surface water resource and
determine compliance with the 36 pounds annual limitation," Conroy writes
in that letter. "Please be advised that additional demonstrations or
corrective action may be necessary if the wastewater exceeds the projected
average concentration of 5 milligrams per liter subsequent to treatment in the
septic tank."
Rich Corner, environmental quality analyst for DEQ Surface Water Quality
Division in Marquette, said on Dec. 3 that the lowered total annual flow will be
sufficient as long as the applicant agrees to the phosphorous restrictions and
monitoring requirement. He noted that while phosphorous isn't really toxic it
can increase plant production in the lake.
"We feel that, based on the projected phosphorous discharge, we are well
below levels (of phosphorous) that would impact the lake," Corner said.
Surface Water Quality Division also requested from Black Bear and U.P.
Engineers and Architects, Inc., by Dec. 6, 2001, an anti-degradation statement of the project's
social or economic benefits to the area. This statement is required under Rule
323.1098 of Part 4, Water Quality Standards for the Great Lakes, connecting
waters and all other surface waters of the State of Michigan. This rule applies
because the project is considered a "new ... loading of pollutants" to
a Lake Superior basin -- outstanding international resource water. Corner noted
the rule doesn't necessarily mean the water quality will be lowered.
"It simply allows for a new discharge in the area," he explained.
"It makes no assumption that the water quality will be lowered."
The part of the rule that applies here is #4 (a): "The applicant shall
identify the social or economic development and the benefits to the area in
which the waters are located that would be foregone if the new or increased
loading of pollutants is not allowed. The factors to be addressed may include
any of the following:
(i) Employment increases.
(ii) Production level increases.
(iii) Employment reductions avoidance.
(iv) Efficiency increases.
(v.) Industrial, commercial, or residential growth.
(vi) Environmental or public health problem corrections.
(vii) Economic or social benefits to the community."
The Antidegradation rule also states, under #5, "In no event may this
decision allow water quality to be lowered below the minimum level required to
fully support the designated uses. The antidegradation demonstration shall be
available to the public for review during any public comment period on the
control document."
However, the public comment period on this Part 31 Exemption (the control
document in this case) expired in late October. Corner said he did not think a
new public comment period would be required for this since the Part 31 Exemption
does not really require a public comment period. Waste Management provided the
public comment period as a response to public concerns. He added that UP
Engineers and Architects were informed about this law some time ago but
"they hadn't been informed that they would have to produce this document
until recently."
Conroy said on Monday, Dec. 10, that Waste Management Division (WMD) is still
waiting for the final version of the applicant's antidegradation
demonstration.
"They submitted a draft version to SWQD for input on the demonstration
criteria," he said in a Dec. 10 email message to Keweenaw Now.
"Once SWQD makes their decision, WMD will respond with a Part 31
application determination. I will send out the Public Comments and Responses
document around that time and will include the final version of the Part 31
Exemption, if issued."
The Surface Water Quality Division also conducted water testing of Lac La
Belle this past summer -- which was not routine.
"It's very much above and beyond what we usually do," Corner said
of the testing. "We just recognized early on as a division the importance
of the resource Lac La Belle represents, and we wanted to make sure to have at
least cursory data so we can be sure that any discharges that we permit won't
have a deleterious impact on the lake."
Normally, septic systems with a daily flow under 10,000 gallons are under the
jurisdiction of the Western Upper Peninsula Health Department. However, in this
case, Conroy explained, the health department requested that the DEQ do the
permitting because of potential expansion of the system (expansion that could
potentially include cabins).
Said Corner, "The only tools we have to protect resources are the laws
on the books. Both Waste Management and Surface Water Quality have made as
strong an effort as we can to make sure that lake (Lac La Belle, which is
contiguous with Lake Superior) is protected. I feel we've done a good job of
doing that."
*Editor's Note: See Keweenaw Now's Nov. 13 article, "Black Bear constructs Mt. Bohemia septic system without DEQ permit."
The Part 31 and Part 303 regulations mentioned in this article are under the Natural
Resources and Environmental Protection Act, 1994, PA 451 as amended (Act 451).
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