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		Points of View Sandra Harting February 5, 2002 Guest Column © 2002 Sandra Harting, Published with Permission Photos © 2001 - 2002 Keweenaw Now

They razed Paradise and put in a septic tank

TOIVOLA -- Last September, a citizen from Lac La Belle reported flagging by surveyors -- flagging that extended into the woods at the base of Mt. Bohemia. Sure enough, road flagging ran straight through and other flagging encircled the woods. Signs of test pits were also found along the marked route confirming that the area was being scoped out for a sewage disposal system. This was worrisome as these particular woods had some impressive older trees (most of the area having been high-graded to death years ago) as well as a wetland that is tributary to Lac La Belle.

This wetland area, located just west of the Mt. Bohemia septic drainfield, leads to Lac La Belle. (November 2001 Keweenaw Now file photo.)

The area also contained documented artifacts from some of the earliest peoples to inhabit the region, known mostly by the elegant and simple beauty of their hammered copper implements. This was the site of the oldest (approx. 7800 yrs.) sample of prehistoric fabric found in the United States. (Read Michigan Tech Professor and Archaeologist Susan Martin's book  Wonderful Power for more details.) The site was nominated for the National Register of Historic Places. Some of the original grid markings for the archaeological survey were found right next to the new flagging.

Surely they were not going to put a sewage system in the midst of an artifact site and in an area zoned Resort Residential. Besides, it is customary to apply for and actually obtain the necessary permits before commencing construction. Indeed, a search through the Freedom of Information Act (FOIA request) revealed that no, there was no sewage treatment permit on file. Additional checking over the following month or so revealed no sewage treatment permit for the area. However, in October, a crew armed with bulldozers and saws leveled the area and began moving serious dirt within a matter of days. Pat Martin, one of the documentors of the artifacts, rushed over there with personnel from IP (International Paper, the actual owner of the land) to protect the site but it was already too late. And there still was no sewage treatment permit!! Work continued amidst the protests of local citizens at county board and zoning meetings that the area was not zoned for the construction of a sewage treatment plant to serve a private, commercial entity.

This November 2001 photo shows part of the drainfield constructed for the Mt. Bohemia septic system. (Keweenaw Now file photo)

The question of infrastructure for our favorite ski hill has been a long and contentious issue. Black Bear, Inc. (a subsidiary of downstate developer Crosswinds), who operates the hill, originally wanted a lagoon sewage treatment system located uphill and a mile away from the "lodge" ("Yurtville"), a scheme later deemed too expensive (especially when the local municipality did not want to foot the bill for nor share in the liability of same). Later there were rumors about constructing some sort of a glorified, supersized, septic system -- a sort of sewage non-treatment plant located somewhere in the vicinity of the hill. During their 2000-2001 ski season, Black Bear was collecting and hauling their sewage to the Calumet Township treatment ponds ("pump and dump"). They used temporary restrooms permitted by the Western Upper Peninsula Health Department.

Finally, on Dec. 20, 2001, Black Bear obtained a groundwater discharge permit. The permit limits the discharge of phosphorous (a nutrient in sewage that leads to excessive algal growth and subsequent degradation of water quality) to only 3.6 lbs./yr. Black Bear is already requesting a waiver of this limit, citing the tremendous impact (positive) that the ski hill has on the area as well as future increases in usage (and sewage) based upon increased future visitation projections (assuming a major departure from recent snowfall patterns).

Public comments on this waiver are due Feb. 6 and should be sent to the DEQ.

In early January, the Keweenaw County Zoning Board of Appeals (ZBA) met at the request of citizens to consider the zoning issue. However, a majority of the ZBA was unwilling to make a decision, and they have turned the matter over to the County Prosecuting Attorney. At the time of this writing, no decision has been made on the zoning.

However, this sewage non-treatment plant has been built.

Hunters Point Blues

The Department of Environmental Quality (DEQ) recently cited MJO Contracting for two violations of the Natural Resources and Environmental Protection Act for installing a sewer line beneath the bed of a stream at the site of the Hunters Point development near Copper Harbor without obtaining the necessary permits. Specifically, the violations are of Parts 91 (Soil Erosion and Sedimentation Control) and 301 (Inland Lakes and Streams).

The DEQ is allowing MJO to apply for an "After the Fact" permit for the project. The permit application materials were due January 13. MJO is required to submit the paperwork and project plans (which were necessary in the first place). Aside from having to pay twice the normal submission fee, so far there are no penalties or demands that the damaged areas be restored, or that work on the project cease until site plans have been reviewed and the permit issued.

Local residents have also noted what appear to be additional violations of wetland regulations caused by road building in the Hunters Point area and have informed both the DEQ Land and Water Management Division and the Army Corps of Engineers. The DEQ plans to inspect the area in the spring.

This photo, taken earlier this winter, shows a road constructed for the MJO residential development near Hunters Point in Copper Harbor. Local residents have reported what appear to be violations of wetland laws from this construction to the Department of Environmental Quality. (Keweenaw Now file photo)

Witnesses for the Environment

The presence of witnesses can be a powerful deterrent to abuse of environmental, land use or other laws. Public witness is often the only deterrent to such abuse. Public involvement has been tremendously effective in problem places all over the world as most folks think twice before doing something bad or illegal if they think or know that someone is watching, particularly if that someone has courage enough to go public. Maybe it is time for more of us citizens to become witnesses for this peninsula we call home. The next time you go for a stroll or head to that favorite hunting or fishing spot, take along a camera, just in case.

Leaving these problems to elected or regulatory officials will do little more than ensure many violations are overlooked. Agencies such as the DNR and DEQ simply do not have sufficient staff or resources to cover and become familiar with large, sparsely populated areas. By the time they can get there the damage has been done and the perpetrators gone. However, these same places are well known and seen often by those who live in the area.

Some may be uncomfortable with blowing the whistle on someone they might know. This is understandable, but documenting such violations as used oil dumped by loggers on the ground in Commercial Forest Reserve (CFR) areas and public lands (a common occurrence), erosion blocking a stream, or a malfunctioning sewage treatment plant fouling a lake or river is not "snitching" or even violating "property rights." It is protecting our common resource of clean water. It is good citizenship. No matter how much folks have bought into the technological world, all of us need clean water; and when water quality, fisheries, wetlands, etc., are impaired, contaminated or destroyed WE ALL LOSE. Water is dynamic, constantly cycling, moving from place to place. Water goes everywhere and what is someone else's problem today may be yours tomorrow.

Some newly elected local officials have proven themselves to be dedicated individuals doing their utmost to stay in touch with the citizens of their district or township and to listen to their concerns. A stellar example is Keweenaw County Board Member Don Keith. For example, he had the audacity to demand at the last county board meeting (Jan. 8) that elected or appointed county officials actually be required to show up for meetings! I am not normally in favor of cloning, but I say we oughta make an exception for Mr. Keith. We could use another couple dozen of him, scattered about various township and county boards all over the Keweenaw Peninsula. Moreover, unlike other county officials, Mr. Keith does his best to attend many township board meetings and land use planning meetings on his own time -- above and beyond the call of his regular duties.

Unfortunately, not all elected officials are as civic-minded as Mr. Keith. At the very same county board meeting, another board member was asked why he was not in favor of land use planning. He stated "Because I feel that it is a tool to stop development." While this individual is certainly entitled to his opinion, it is of little comfort to those of his constituents currently working hard on land use planning and hoping that their plan will be actually adhered to once completed. The guarantee that land use plans be followed will always need to come from observant and concerned citizens.

Related Information

See the October 2, 2001 Keweenaw Now article, "DEQ to accept public comments on proposed Mt. Bohemia septic system,"  and the Nov. 13, 2001, article, "Black Bear constructs Mt. Bohemia septic system without DEQ permit" for more on the artifacts. 

See the Dec. 11, 2001 article, "Black Bear awaits DEQ septic permit," for details on residents' concerns.

See the Feb. 5, 2002 article by Kenneth Thiemann, "Concerned skier questions Bohemia development,"  for more details on the phosphorous issue and complete addresses of the DEQ for public comments on the Mt. Bohemia septic permit application.

Editor's Note: Sandra Harting, a resident of Toivola, has a Ph.D. in biology from Michigan Technological University. She is the President of AWAKE (the Association Working Against Keweenaw Exploitation), a group which has as part of its mission the practice of observing local government actions.

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Note: Views expressed by our guest columnists are not necessarily the views of Keweenaw Now.