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News
April 2002
DEQ grants septic permit to Mt. Bohemia; Black Bear may add ski hill motel
to system
LANSING -- The Michigan Department of Environmental Quality (DEQ) approved on
March 29 a permit allowing developer Black Bear, Inc. -- a subsidiary of
Crosswinds Communities, Inc. -- to discharge sewage from Mt. Bohemia with a
maximum of 36 lb. of phosphorous to Lac La Belle, the nearby lake which is
adjacent to Lake Superior.
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| This photo taken from Mt. Bohemia shows Lac La
Belle and Lake Superior. The Michigan Department of Environmental
Quality's Waste Management and Surface Water Quality divisions
were both involved in the Part 31 Groundwater Discharge Exemption
granted to Black Bear, Inc., on March 29, 2002, for the Mt.
Bohemia Ski Hill septic and tile field system. (File photo by
Michele Anderson) |
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In addition to the Part 31 Groundwater Discharge Exemption, the DEQ has also
issued a Summary of Comments and Responses to address residents' concerns about
the subsurface septic and tile field system and about Black Bear's
anti-degradation statement claiming the ski hill provides an important economic
and social development to the area.
This response document does not mention the fact that Black Bear, in
February, asked the DEQ to allow a 22-unit motel to be accommodated by the same
subsurface wastewater disposal system (septic tank and tile field) without a new
application.
Randy Conroy, senior geologist for the DEQ Waste Management Division (WMD) in
Marquette, said on March 26 that Black Bear President Lonie Glieberman has
claimed the septic system was over-designed and the projection of 70,000 skiers
for year five has been changed to a total of 40,000. The low number of skiers
during the first two seasons of the ski hill, which has operated on temporary
wastewater discharge permits until now, may allow enough capacity for the
addition of the motel. Conroy said Glieberman would have to prove this
additional capacity.
"That's the way I understand he's going to come in," said Conroy.
"He hasn't put anything in writing."
Conroy said he guessed the motel would be located somewhere near the yurts.
 In
a Feb. 20, 2002, memo to Lonnie Lee, DEQ Waste Management Division chief in
Lansing, Conroy mentions the motel in these terms: "The ink is not yet dry
on Bohemia's permit, ok the pen hasn't even reached the paper yet, and the
developer is requesting a meeting to discuss a new use (lodging -- 22 rooms) on
the tile field beyond the skier use basis of design. Beyond the frustration and
cumbersome aspect of the phased nature of this development I don't believe any
env. regulations prevent this approach. Therefore, I plan to scrutinize their
revised basis of design and have them make the appropriate demonstration that
they have capacity. It will be formalized in a notice to DEQ (not an amended or
new permit/exemption) pursuant to R2149 (1) (b) Part 21 ...
"Just as an aside," Conroy continues, "the frustrations result
from the fact that we sat down with them to discuss the basis of design last
summer at the health department's office, where they tried to convince us the
project was subject to health department review. No mention was made of a motel
and the 50 cabins in the original proposal were scaled down to an unconnected
display model cabin with a couple functioning cabins under construction for the
future. The bad money after good is a concern if the venture fails and
infrastructure is wasted in this remote area. The first two years of operation
have not been promising and we'd prefer expansion after consideration of flows
from a more representative winter."
Conroy adds in the same memo to Lee that the present system is limited to a
discharge of 8,500 gallons per day by the Surface Water Quality Division (SWQD)
site specific limits.
"They'll probably look to pre-treatment, hydro, and monitoring to make
this system work for all the future expansion contemplated. SWQD and WMD may
eliminate that option based on inefficient treatment efficiencies of
conventional disposal and the vulnerability of the area," Conroy concludes
in the memo.
Lee sent Keweenaw Now confirmation he had signed the permit on March
29. He has not yet answered a question on the motel. (See editor's
post-script.)
In a March 26 telephone
conversation (before Keweenaw Now was aware of the motel project), Lee
did comment on the public concerns about Glieberman's anti-degradation
statement, which was required for the final permit allowing the 36-lb. discharge
of phosphorous. (Rule 323.1098 of Part 4, Water Quality Standards for the Great
Lakes, requires the applicant for the Part 31 permit to "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." (See editor's note 1.)
"No one has given us any information, beyond what we already know, that
the permit poses any threat to public health or the environment," Lee said
in the March 26 conversation. "We're obliged to review the permit
applications based on their technical merit, and thus far ... this application
meets the standards of our regulations, and no one has given us any valid
technical reason not to issue it."
Lee said DEQ officials concluded the amount of phosphorous that could
potentially reach the surface water would be negligible and below the amount
that [Lac La Belle] could accommodate without any adverse effects to the surface
water body.
Controversial anti-degradation statement receives DEQ approval
On Dec. 20, 2001, the DEQ issued the Part 31 Groundwater Discharge Exemption,
but it was limited to 3.6 lb. of phosphorous because the developer had not yet
provided the anti-degradation statement
Both Lee and Conroy said the recent Mardi Gras Madness party at Mt. Bohemia,
where young women were reported as exposing themselves in front of young boys,
does not come under DEQ regulations. (See editor's note 2.)
Said Conroy, "We didn't support that type of activity ... If another law
covers it let that law cover it. It has nothing to do with DEQ
regulations."
Paul Campbell, who owns a residence on Lac La Belle, has a been a strong
opponent of Black Bear's anti-degradation statement and Mt. Bohemia's recent
social activities -- the Mardi Gras Madness and the bikini contest held in
January. (See editor's note 3.)
Concerning the anti-degradation statement's claims, Campbell asked, "Why
even have the wording that includes social and economic benefit if it's not
taken into account in the decision?"
Noting that Michigan Tech faculty and students, as well as local residents,
have commented that the two recent Mt. Bohemia social activities are
degrading to women, Campbell added, "I don't think these are social values
that the residents of Lac La Belle want to see in their community. In the
beginning of all this, I remember Mr. Glieberman saying, 'I want to be part of
your community.' If this is an indication of what he means, he is certainly out
of touch with our community."
Grant Township Supervisor Ken Korhorn, while agreeing with DEQ officials that
Black Bear's social activities are a local issue, said he felt personally that
such activities were not what township residents would want to have.
"I believe that most of the folks in Grant Township would share my
view," Korhorn said.
Campbell said he wondered how long the DEQ has had the rule on the
anti-degradation statement
Several Lac La Belle residents have questioned the statement and how the DEQ
has used it in the past, Campbell noted -- for example, how often has it been
used in favor of a development affecting surface water and how often against
such development?
The DEQ's response document offers this reply to public comments on the
anti-degradation statement: "There is no established protocol or
standard to evaluate necessary or, more significantly, what should be
considered important economic or social development. Thus, the DEQ is faced with
the necessity of making those determinations subjectively and on a case-by-case
basis ... Further, no zero discharge technology currently exists with respect to
the disposal of human waste. Regardless of where the decrease [in water quality]
occurs, the lowering of water quality of some surface water body is necessary to
accommodate the ski area.
"Black Bear contends that their project will provide significant dollars
to the local economy and also is an important source of employment to an
otherwise depressed area. Rule 1098 provides no specific criteria (e.g., number
of jobs created, amount of dollars generated, etc.) against which to judge the
importance of these dollars or jobs. Clearly, if the ski area stays in business
it will produce jobs and dollars and these will have a degree of importance
attached to them."
In several memos recently posted on the Keweenaw Liberty Library, DEQ
officials discussed evaluation of the anti-degradation statement.
In a Jan. 7, 2002, email reply to a question on this from Rich Corner of
SWQD's Marquette office, Peter Ostlund of the SWQD Permits Section in Lansing
lists Rule 1098's seven factors to be considered in the applicant's identifying
social or economic development -- from "employment increases" to
"economic or social benefits to the community." Ostlund concludes the
rule does not require that they address any of these items.
"They may include any of those items," he writes. "We
have no written criteria. I don't know if EPA has any. But that doesn't matter
since it's a Michigan's rule [sic]. But generally, if they add one more job to
the economy, we've accepted that as meeting the demonstration
requirements."
DEQ claims local officials support Mt. Bohemia
Lee, in his March 26 comments to Keweenaw Now, said the DEQ accepted
the anti-degradation statement for two main reasons: (1) public support by local
officials and (2) the information provided by Black Bear.
The "public support by local officials" seems to be rather a lack
of opposition to the project.
Conroy explained that two letters from Grant Township indicated the local
unit of government was not opposed to the Mt. Bohemia project since the township
officials were aware of the project and never came out against it. One, dated
Oct. 19, 2000, referred to an earlier permit application for a sewage system and
stated the township did not wish to sign the application.
The letter, signed by Thomas Beveridge, former Grant Township supervisor,
added, "This action, however, is not an indication of the Township's
approval or disapproval of the discharge permit application or the Mt. Bohemia
Ski Hill."
The second letter, dated Aug. 31, 2001, concerned the application for the
present septic drainfield system and also stated that Grant Township did not
wish to sign the application form at that time. It was signed by Ken Korhorn,
present Grant Township supervisor.
"Grant Township has not made any formal statement of support for Mt.
Bohemia," Korhorn said earlier this week.
Conroy said it didn't matter whether or not the township signed the
application but the DEQ requested the signature to make them aware of the
project.
"They have to be aware that if the system fails not only could we cite
the operator but we could also cite the local unit of government if there is any
unlawful discharge," Conroy said.
Presently, Conroy noted, Black Bear does not have a certified operator for
the septic system, although one is required as part of their Operation and
Maintenance responsibilities for sampling flow and phosphorous. He said Pete
Gouza, a former employee at the Boyne Ski Hill, is being trained by U.P.
Engineers and Architects staff "on how the system is supposed to operate
and what his maintenance and reporting responsibilities are."
DEQ phosphorous sampling questioned
The DEQ's response document also addresses several technical questions,
including a comment that the DEQ measured phosphorous only in the late spring to
summer range rather than during other months of the year. The DEQ response,
based on a Feb. 15, 2002, memo from Sarah Walsh of SWQD's Lansing office to Rich
Corner of the SWQD Marquette office, says the trophic status of a lake (or how
much plant life the lake can support) can be adequately measured by a spring and
late-summer sampling.
Biologist Sandra Harting said she agrees the DEQ should have had additional
measurements of the phosphorous.
"I think they could have done an additional sampling in the late summer
or early fall when the nutrient levels would be at their highest -- when the
lake is warmest and water levels are lowest," Harting said.
She added the wetland near the septic drainfield, which could be receiving
nutrients from the septic system, while it doesn't always flow into Lac La
Belle, could be affected by a sudden rainfall that would send more phosphorous
into the lake.
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| Paul Campbell, Lac La Belle resident, examines the bank of a
wetland to the west of the Mt. Bohemia drainfield. While DEQ staff claim the
drainfield is not connected to the wetland, residents and biologist Sandra
Harting believe it could be affected by the effluent. (Keweenaw Now 2001
file photo) |
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"In the spring or late fall, with a hard rain, you could get a burst of
phosphorous that wouldn't have been picked up at the time they sampled,"
Harting said.
Harting noted the septic system is only effective if the soil is able to hold
nutrients and other organic materials.
"Eventually, with time, septic systems always fail," Harting noted.
"The more users on the system the faster it's going to fail." (See editor's note
4.)
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| Editor's Post-script:
Lonnie Lee, chief of the DEQ Waste Management Division in Lansing, sent this email message to Keweenaw Now on Tuesday, April 2,
2002, after this story was published: "Mr. Glieberman has asked that the Motel be covered under the existing
discharge. At this time Randy Conroy and Robert Schmeling (of WMD in Marquette) are working with Mr. Glieberman regarding that issue. We will
require additional information and data from Mr. Glieberman before we will
consider any such construction."
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See the Keweenaw
Liberty Library  for documents related to Black Bear's permit
applications for Mt. Bohemia, including several DEQ inter-office memos.
Visit the Keweenaw Now discussion forums to comment
on this article.
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