celery pond

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.