celery pond

An electronic message was just sent to us about the US Army Corp of Engineers Public Notice. They gave a web address with site plans of the marina/channel cut and mitigation site. They also noted that public comments are welcomed until July 23, 2007. Public response is critical. You can email Henry Rosenfeld, given as contact person, via the following address:

For the entire URL go to the browsers address window and type in the following:

http://www.lre.usace.army.mil/functions/rf/html/pncur.htm

File Number: LRE - 1983 - 530041

Applicants: City of South Haven, 1st Choice Marine, J&B Landing.

Location: Van Buren County, Michigan

Waterway: Black River

The applicant has requested authorization to construct a marina.

Please refer to the Public Notice for information on how to submit comments.

(colored script added to highlight the notice information)

If you are a member or are simply interested in the issues ahead for the Celery Pond, please come to our general members’ meeting on Monday, July 2nd at noon, at the Public Library.

A reminder too, that the Celery Pond Advocates will be hosting the Third Community Walk a week from Sunday, July 8th, meeting at Black River Park’s parking area, at 5pm. We’ll walk the lands and envision what the possibilities could be in the area, with 7 proposals pending. The Council’s Public Debate period is scheduled for Monday, July 9th. We’re still waiting to hear when the debate will start and what will be the debate format.

Permits for marinas into wetlands can be denied if there is an alternative location for the marina by the applicants. In the case of the City of South Haven, a plan done by Abonmarche a few years ago actually showed a city marina located in the floodplain area. Instead, the Celery Pond permit application was pursued.

Because several of the RFP proposals showed marinas in the floodplains as part of their plans, this detail was given in the CPA’s wetland analysis to the MDEQ as one reason to deny the permit, ie. alternative sites for the marina exist. The following letter from Kevin Anderson to Kameraon Jordan on June 12 was from a recent FOIA request:

“Dear Mr. Jordan,

“You indicated that you recently havce received a letter from Mr. Jeffrey L. Jocks from Olson, Bzdok & Howard on behalf of the Celery Pond Advocates, Inc. In that letter, Mr. Jocks notes that the City, as part of a Request for Development Proposals (RFPs) on a 10-acre parcel near the proposed marina site, has received several proposals that may indicate that an alternative location for the marina basin may be available. His contention is that these development proposals negate the Alternative Analysis that was submitted as part of the permit applicatin. Furthermore, you have asked for me to respond to this comment.

“A reveiw of the Alternatives Analysis that included in the orginal permit application submittal indicates that the analysis is still applicable. Prior to seeking a permit in the “Celery Pond”, the City conductd studies that included similar alternatives to the ones cited by Mr. Jocks and have shared the details of this report with the Michigan Department of Environmental Quality (MDEQ) in our application. This is not new information.

“Please consider the following additional comments:

• The City has recently requested proposals for development of the City owned property that is located to the west of the proposed project area. The RFP does not include the “Celery Pond” property, which is largely owned by J&B Landings and 1st Choice Marina. Formerly, the City owned property was used for public utility operations which have been relocated. The City has just begun its review and public comment period for consideration of the development proposals. It will be several months before a preferred development plan is selected and negotiations have begun.
• The RFP proposals whose in Mr. Jocks letter (note: Stage and Phoenix proposals) appear to be using land designated by the City’s Charter as city park for what appears to be private marina space and development. The RFP specifically states that “sale of existing park land will not be considered” and “public park space shall be preserved…” The development proposals in the RFPs call for a private marina basin which is not allowed on park property per the RFP.
• Several of the RFPs cited in Mr. Jocks exceed the maximum height and density allowed within the zoning code. The RFP states that “compliance with land use plans” is an important criterion that will be used to evaluate proposals. The density in these proposals appears necessary to make the proposed marinas on an alternate site economically feasible. The proposed density of these alternate proposals may make it highly unlikely that marinas proposed in the RFPs can be a feasible alternative.
• Two of the three applicants do not have available land on the Black River to create marina space. Even if the City could create additional marina space on another propoerty, this option is not available to the other two applicants. The creation of the marina basin applicants own the properties that the project is proposed on; purchasing another propoerty suitable for the creation of a marina basin is not economically feasible and could potentially result in greater wetland impact. Also, further reduction in number of slips would put the project in financial jeopardy since slip rentals are the primary financial vehicle that will repay the capital cost of development.
• If Steve Goforth or other property owners on the “Celery Pond” have riparian rights, the boardwalk will be constructed in a manner that will allow them to maintain those rights.
• Parking for marinas is a requirement in the local zoning coe at 1 1/2 spaces per slip. The proposed will comply with this code.
• The request for a 15 foot boardwalk width was intended to allow for bicycle transportation in areas of the boarkwalk with handrails. If the MDEQ would approve a smaller width, that would be acceptable so long as it complies with the Americans with Disabilities Act (ADA) requirements.
• Over the past few years there has been a loss of rental slips along the Black River as private docks have been converted to condominium ownership. Mariners Cove (formerly Patterson Marina) a recent example of slips that have been convereted from rentals to condominium owernership.

“Also, King & MacGregor Environmental, Inc has indicated that if a permit for the proposed marina is approved and constructed it will also help address the issue of the seasonal fish die off in the “Celery Pond” because currently, the fish that manage to enter into the “Celery Pond” through the crushed culvert get trapped in the seasonal drawdown of the water. Every July/August the entire “Celery Pond” drops to less than 6 inches of water at the deepest points killing all the fish within it. The stench of dead fish can be smelled throughout the area. While it may be possible to replace the culvert under Wells Avenue to allow fish access to the Celery Pond during high water periods, this fix will not provide fish the option of returning to the Black River before the July/August water drawdown.

“For these reasons and the reasons previously discussed in the Alternative Analysis, the proposed project is the feasible and prudent alternative. I trust this information will be helopful as you conclude your review.”

Signed by Kevin Anderson

cc: Barney Pero (J&B Landings), Steve Schlack (1st Choice Marina), Tom Yurkinas (Mitchell & Morse Land Surveying), Adrienne Peterson (King & MacGregor Environmental, Inc.), Henry Rosenfield (U.S Army Corps of Engineers)

Lots of words that indicate how the present commercial proposals given to the Council and the public on June 11th are something to be commented on in the public hearing on Monday, July 9th. All the more reason why more attention should go to the public keeping their own lands and developing a cultural ecotourism spot for years to come.

Contrary to the MDEQ ruling on the permit application, I would like to re-direct you to the United States Environmental Protection Agency’s website www.epa.gov/wetlands which provides excellent, comprehensive information about the value of wetlands and watersheds and the need for their protection.

The information given EPA directly challenges the approval of the draft permit by MDEQ. Why was it approved?

Then if you go to the report of Tyson Edwards, Wildlife Habitat Biologist, in Feb. 2006, there are more contradictory facts to the Q&A answers of the draft permit. Tyson wrote:

“The proposed marina and boardwalk will directly and negatively impact wetland habitat and the channel to Black River. The proposed work will drastically change the hydrology of this wetland by dredging out the channel and equalizing the water levels in the wetland and the Black River. During years with low water levels, the remaining portions of the wetlands will be devoid of any surface water. The disturbance from the boardwalk and boat traffic will also decrease use of any remianing wetland by wildlife species. Without a plan to control invasive species, the proposed construction will create disturbed areas that allow invasive plan species to encroach which will further degrade the area….”

“The Black River Watershed Management Plan categorizes this area as Priority 1 and describes it as critical. The plan states that every effort should be made to protect the remaining wetland areas in the watershed. Also included in this plan are recommendations that 1)the hydrology be improved in this area with the resotration or reconstructing of wetlands, 2)the introduction and spread of invasive species be prevented or reduced, and 3)Low Impact Development (LID) techniques be promoted.”

Well, there you have it. How was the permit able to say the current permit application would not adversely effect the area? Where is the truth?

The CPA believes that in light of the bigger issues of low river levels, the total environmental risks involved in taking wetlands for commercial use and the global awareness of the need to preserve the environment, that the South Haven City Council should vote against any further action on the marina/channel cut.

Let’s put this issue to sleep and wake up to the greater needs of community action needed to preserve the wetlands and floodplains. Our public lands are ours to caretake, and that caretaking will provide financial gain way beyond ravaging these lands and then trying to correct the mistake of loosing them.

The last part of page 2 on the Project Review Report on Celery Pond from MDEQ is below:

“If the project is proposed under Part 303:

• Would the activity be in public interest? Yes.
• Is a permit necessary to realize the benefits derived from the activity? Yes.
• Would adverse secondary or cumulative effects occur due to the probably impacts of the proposed project in addition to the existing and anticipated activities in the watershed? No.
• Is the acitivity otherwise lawful? Yes.
• Has the applicant shown that an unacceptable disruption to the aquatic resources would not result? Yes.
• Has the applicant shown that the proposed activity is wetland dependent, OR Has the applicant shown that no feasible and prudent alternatives exist? Yes.

EXPLANATION OF FINDINGS AND RECOMMENDATION:

The revised proposal appears to be in the public interest. It will create needed seasonal boat slips, solve a fish kill problem, allow for storage of marina construction equipment off the Black River and create an economic benefit for all three applicants. Although there will be a conversion of shallow water habitat to deeper water habitat within the wetland, this will not result in an unacceptable disruption to aquatic resources.

The water quality will improve due to deeper water thus cooler temperatures. There will be some loss or amphibian, reptile and water fowl habitat, but this loss will be mitigated and replaced in the constructed off site wetland. The remaining wetland complex will have a better connection to the Black River which should benefit fisheries. This small stream (ditch) is approximately 2 feet wide, 3-6 inches deep, with minimal flow and narrow vegetated riparian corridor. The fisheries and wildlife values associated with this water body are limited. There does not appear to be a feasible and proudent alternative to the revised plan, that meets the three applicant’s needs.

Recommendation: Issue. Modify - KJJ, Date of review completion: 6/14/2007“

Note: A letter from Kameron J. Jordan, District Supervisor of MDEQ, to Kevin Anderson, noted that the 3 applicants have 30 days from the date of the above to sign an enclosed draft permit, otherwise it will be withdrawn.

It is a sad day to think tha MDEQ has put forward the above items. Clearly any huge amount of dredging will have adverse effects to all wildlife in the Pond. And alternative sites for marina were obviously available to the City if one looks at the 2 marina ideas in the current RFP proposals.

In our time of global awareness, there is an absolute need for the preservation of wetlands and the environment. One must really ask serious questions about this project review.

The need to generate tax dollars is a constant talk of the SH City officials, yet the use of tax dollars to accomodate a marina in a wetland in 2007 is something to challenge.

We live in a time that demands awareness of a larger picture than monied concerns. There is a critical need to re-assess the old ideas of what is in public interest. Is really just for the pockets of a few private developers and/or a city? Or do we face ourselves and the selfish drive to gain money? Can we think big, and instead choose to think in light of the good of the whole planet, which needs to preserve the ecosystems of its waters to survive?

The following information comes directly from the Project Review Report, information recently FOIAed from the MDEQ. It details an informational description and Q&A on the status of the project. The individual reports from the various departments are still pending.

Bear in mind that this information from the the State’s Department of Environmental Quality Land and Water Management Division seems to be in direct contradiction to their efforts of wetland workshops which lecture us on saving and restoring these ecosystems. These first 2 pages of the report truly provoke many questions.

from Page 1 of File #05-80-0061-P

“The waterbody type is checked as a wetland, warm water stream and floodplain.

Is the wetland contiguous, as defined in Section 30301? Yes. Approximate size: 23 acres. Is the project within a county with a population>100,000? No.

A permit is required under Part 301. Is the application drawing complete and accurate? Yes.

Total wetland acreage owned by property owner (City of SH,/J&BLanding/First Choice Marina) = 11 acres. Total wetland acreage to be impacted by proposed activity=approximately 6.00 acres.

Dominant plants/Indicator Statues/Soils description/Depth:

• Cattail OBL- organic - ?
  
• Willow sp OBL-FAC+
• Reed Grass FAC+
• Elderberry FACW-
• Highbush Cranberry FAC
• Reed Canary Grass FACW
• Yellow water lilly Obl

Describe hydrologic indicators: Shallow standing water, various depths depending on the time of year.

GENERAL FIELD NOTES/COMMENTS:

The latest proposal is to dredge out approximately 6 acres of a 23 acre wetland complex. The applicants also proposed to widen an existing ditch that presently connects the wetland complex and the Black River. Construction of a 255 foot long head dock along the black river is also proposed. The revised project is to develop a 155 slip marina, boat haul out area, marine equipment storage area, and associated upland parking.

Dredge spoils would be hauled to a land fill, or placed in an onsite confined disposal area, with a clean cap and cover and deed restriction. A third option would be to have the material tested per DEG Dredge Sediment Review criteria. If the material is determined to be inert, it could be used onsite, or hauled to another upland site. If it is determined to be contaminated, it would require proper disposal by one of the two above mentioned methods.

Off site mitigation is proposed in the form of a construction of 12.86 acres of emergent and open water wetland. The Celery Pond wetland complex presently supplies habitat for various wildlife including amphibians, reptiles and migratory birds including waterfowl. Existing fisheries values are quite limited (more of a nuisance). This is due to low water levels and poor water quality in the open water portion of the wetland. In recent years fish kills are common during the summer months.

Page 2

• Is there reasonable potential for impacts to state or federally listed threatened or endangered species? No
• Would the project adversely affect fish and wildlife? No.
• Would the projet adversely affect recreation and aesthetics? No.
  
• Would the project adversely affect navigation? No.
• Would the project adversely affect historic or archeological sites? No
• Would the project comply with state Water Quality Standards? Yes.

If the project is proposed under Part 301 or 325:

• Would the project adversely affect riparian rights? No.
• Would the project adversely affect the public trust? No.
• Would the project adversely affect other criteria listed in Section 30106 or 32515 as appropriate? No.
• Would the project involve work on state owned bottomlands of the Great Lakes? No.”

To be continued in the next listing…

Taking a walk last Saturday night to view the riverbend that curves around the public lands off of Dunkley Avenue, I watched the sun going down with trees flanking the river’s curve.

What would this area look like with any of the three commercial developments?

If they go as high as the adjacent buildings upriver, you can shudder to think that you’d no longer see the beautiful trees on the otherside of the river’s curve.

We think the public and the Council need to see a virtual reality tour of each proposal that could involve proposed building heights and condo densities, put in perspective of the area. A graphic artist has no problem capturing with his/her imagination what might be, but often the average person doesn’t. Then plans are approved with later regrets.

If you seriously consider what’s at stake in this area, you’ll put forward your opinions. There will be a public hearing by the City on July 9th. You can also write letters to the editors of the area newspapers or comments on the blog.

A third community walk is being organized for next month and we’ll walk the public lands again but also answer Q&A. Join us to actually see what could happen in the low-lying floodplain lands that currently give us lots of open space, both for air and beauty, and what might disappear if certain decisions are made.  

Get involved Now.  

Note: More information on the MDEQ decision will be forthcoming when the complete materials are obtained & reviewed.

The MDEQ approval of the permit application on Friday brings back many issues that need to be settled before the Council comes to vote on whether or not to approve their plan for a marina and channel cut.

Of huge public concern is the loss of the emergency road access of Dunkley Avenue. This is a most critical issue but there is another major issue beyond the road.

Potential dredging of Celery Pond is a subject that goes way beyond the perimeter of the city’s residents. It is a public issue that covers an immense radius and, we feel that more comprehensive assessments need to be made.

Talking to an official from the Brownfield Development group, I was told that a soil boring of 17′-35′ needs to be done to determine safety factors.

Another expert told me that 50′ should be the depth for testing, considering the known history of dumping into Celery Pond. (After over 5 hours in Farmers’ Market Saturday, with so many people stopping by our table, these concerns were heard, along with many others.)

The first Prism Technology report done on Celery Pond for the City in January 2003 recommended a “more comprehensive sampling and analysis program be done,” beyond their initial findings because of the “risks involved based on the desire to consider this parcel for dredging and development.”

Another Limited Site Investigation in April 2003 took six soil borings to “a maximum depth of 25 feet below ground level. Two soil borings were performed through the (frozen) Celery Pond.”

We would like to remind readers that this information was covered last year. You may remember that the drilling rig got stuck in the soft sediment beneath the ice during mobilization on 3 March 2003. Therefore, a pre-assigned alternate location along the drainage ditch was performed.”

As a concerned group of citizens who hope to preserve the integrity of Celery Pond, we want to see another boring analysis done by the City, with at least 12 borings done at a depth of 50′

We want total assurance to be made to the public and others citizens in the watershed and along the Lake Michigan coastline, that no toxicity is at stake which might affect our drinking water, swimming water, etc, if dredging were ever to be done in Celery Pond.

We trust that the Council will not take any action until such conclusive evidence is undertaken as potential liabilites would be involved.

How do you feel about this issue?

Remember to contact your Council representative and/or write a letter to the local newspapers to voice you opinions. Also contact us in comments on the blog.

Late yesterday afternoon, the MDEQ approved the permit application for a marina/channel cut made by the City of South Haven, J&B Landing and First Choice Marina. This raises many issues, one of which is how the Council will vote on this major decision.

Today in Farmers’ Market, we released Riverbend Talk, Week One, June 15, 2007 (written before the above news was received). We take from its text as it seems most appropriate at this time:

“The South Haven Master Plan, page 147, identifies “Conservation Areas” to include “wetlands, floodplains, streams creeks and drains, the Black River and areas at high risk of erosion along Lake Michigan.:

The Plan further reads: “These areas present severe limitations for development and are proposed for very limited future development in keeping with their fragility and importance in buffering Lake Michigan storms, filtering and storing water during periods of flooding, draining storm water from land, providing habitation for a wide range of plants and animals, and for their wide ranging open space values.”

“Destroying these resources would destroy the essential qualities which continue to attract residents and tourists to the area. Therefore, future actions and policies to protect the natural environment will be of utmost importance. These lands should be managed to remain as near to their natural state as possible. Only when other public purposes with broad public benefits demand it, should these lands be altered to be accomodate other uses. The City Zoning Ordinance should be amended to include better conservation of these sensitive natural resources.”

Riverbend Talk goes onto describe the 7 proposals that were put before the City on June 11th, ending with these remarks:

“The newly formed 501 (c)(3) group of Celery Pond Advocates offered a conceptual design for The Celery Pond Arboretum and Preserve, includes the Cool Cities Plan for a Black River Cultural Center. The Arboretum would turn the 10 acres of public lands and the Celery Pond into a wonderful and unique ecotourism destination. This idea most clearly meets the concerns and needs of the above Master Plan requirements. It also would eliminate the estimated $25-$30 million requested for moving the wastewater treatment plant, which was recommended by two developers, using TIF monies.

What do you think about these proposals? What can you do?

• Check out the City website www.south-haven.com to review all seven proposals
• Check the Celery Pond website for updates on current events
• Write a letter to the Editor (South Haven Tribune, Herald Palladium, Kalamazoo Gazette) to express your point of view
• Come to the Public Hearing on Monday, July 9th”

Think of Celery Pond and the Dunkley public lands as they are now.

Close your eyes and think of the Arboretum and Preserve design: Imagine how wonderful it will be.

If you were a bird, or an angel, you’d take the aerial perspective. We suggest for you to do the same. Fly high and capture the “ah-ha” effect.

Shut your eyes and see the area of Celery Pond and the floodplains from the depths of the sky. Look down. What do you see? Water. Lots of blue water from the largest source of fresh water in the world, Lake Michigan, which rests just a short distance from the wetland and public lands.

Then you’d see the Black River, coursing through its course of almost three hundred miles of watershed, peaking by Celery Pond before it leads itself out into the big lake.

Stay with the angel/bird eye perspective and see all the green of the lands, and then look the bare, browner, neglected area of the floodplain.

Imagine these public lands as revitalized and green. See the flowing stream for kayaks and canoes running from Black River into the natural channel towards Celery Pond. One branch of the small channel takes a curving route near the wastewater treatment plant, but you don’t see it because it’s covered by so many wondrous flowering trees. You’re incredibly happy, surrounded by water quality, land and sky: you think it’s beautiful. Then, oops, you’re in a kayak hitting the rapids, and you think it’s also exciting and fun!

Good thing your guardian angel is watching over your dream…the clouds remind us how mysterious the imagination can be!

With Harborfest ahead, we’ll take a break until next week. As you watch the sunset, think about the wonder the Arboretum and what it could bring for everyone. It will generate community pride, enthusiasm and joy for helping to make it happen….It’s your land and you have a choice to make a miracle happen!

If we unite on the community project proposed by in the Celery Pond Arboretum and Preserve, we will create a Green legacy.

It would be something so grand in achievement, that it will draw hundreds of thousands of people to see how one community made it happen: a before-after story which the people wanted, taking their own property into its rightful ownership. Something the people worked together on, to correct the mistakes of the past which contaminated these lands and then they wisely turned them into something wonderful: a sustainable success story to share with the world.

(Then we’d all be angels from the point of view of Mother Earth!)

The Celery Pond Arboretum and Preserve design is on view at City Hall.

Celery Pond Advocates general meeting Tuesday, June 19th, Noontime at Cafe Julia’s, upstairs small meeting room.