================================================

 

 

================================================


From: Bruce Ehlers [mailto:bruce@mnpba.com]
Sent: Tuesday, September 20, 2005 7:11 AM
To: 'Divine, Mary'
Cc: MNPBA Members; 'Steven Adamsky'
Subject: RE: Thanks for all the info...

 
Mary,
 
Although we have not yet decided on a course of action, we are in the process of reviewing a couple of options. We are researching the possibility that there was not proper notice given last spring when MNDOT got a temporary order from the DHS and the Coast Guard allowing them to suspend the lift bridge opening from 10/15 through 3/14/06. The US statute, CFR Title 33: Navigation and Navigable Waters - PART 117—DRAWBRIDGE OPERATION REGULATIONS - Subpart B—Specific Requirements - Minnesota § 117.667 - St. Croix River, was amended temporarily on 2/14/05 here:
 
http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=2157575806+20+0+0&WAISaction=retrieve
 
[Federal Register: February 14, 2005 (Volume 70, Number 29)]
[Rules and Regulations]              
[Page 7405-7407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe05-15]                        
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-036]
RIN 1625-AA09
Drawbridge Operation Regulation; St. Croix River, MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulation governing the Stillwater Highway Drawbridge, across the St. Croix River at Mile 23.4, at Stillwater, Minnesota. Under this rule, the drawbridge need not open for river traffic and may remain in the closed-to-navigation position from midnight, October 14, 2005, until midnight, March 15, 2006. This rule allows time to perform maintenance and repairs to the bridge.
 
Secondly, both recreational and commercial boaters have relied on the MNDOT website as a means to schedule operations. If you go now to: http://www.dot.state.mn.us/metro/projects/liftbridge/index.html, you will see that MNDOT is currently advertising that Span #6 will be replaced on or about Monday, October 24, 2005. MNDOT has stated in our e-mail exchanges over the last few days that the Span #6 will be replaced a full week earlier on Monday, October 17, 2005. (By the way, I have included a copy of MNDOT's "$500 Million Lift Bridge Repair Project" Schedule below as it currently reads at 7am this morning on their website, in case it changes before you have a chance to read it.)
 
The boaters have reason to believe that they would have access past the Stillwater Bridge either through the open Span #6, or via the lift portion of the bridge at least until 10/24/05 based on MNDOT's published schedule on their website. Plans were made, based on that information that now may well have to be broken. We are also looking into the potential to recover damages due to the earlier than published closing.
 
Keep in mind that there are more than just recreational boaters "wanting to look at the fall colors" affected here, there is also the commercial aspect affecting the marinas, charter boats, and others who rely on the ability to navigate the St. Croix River north and south through the Stillwater Bridge. The potential damages from even a week’s earlier closing are significant when all parties are polled and a final tally is posted.
 
I trust this is the information you were looking for Mary and I will continue to update you as new information becomes available. I have taken the liberty to copy both our members and MNDOT on this e-mail since this information affects all of us.
 
Thanks as always for your thorough and objective reporting on matters surrounding the St. Croix River.
 
=====================
Bruce Ehlers
Founder
Minnesota Power Boaters Association
bruce@mnpba.com
http://www.mnpba.com
 

 

From: Divine, Mary [mailto:mdivine@pioneerpress.com]
Sent: Monday, September 19, 2005 3:30 PM
To: bruce@mnpba.com
Subject: Thanks for all the info...

 
Bruce, Is your group planning to pursue any action, legal or otherwise, re the lift bridge? Thanks, Mary

Mary Divine
Reporter
St. Paul Pioneer Press
345 Cedar St. 
St. Paul, MN 55101
651-228-5443
651-228-2179 (fax)
612-606-0917 (pager)  

============================================================

MINNESOTA DEPARTMENT OF TRANSPORTATION CONSTRUCTION PROJECT

 

 

2 page Project Handout - (1,658kb PDF)

Construction Schedule

Non-intrusive repairs: Currently underway (minimal, if any, impacts to vehicle and river traffic)
    August 1: bridge closed to all vehicle (cars/trucks/pedestrians) traffic but river traffic will be maintained
    August 8: Approximate date span #6 will be removed, and river traffic will be rerouted through the open span
    October 24: Approximate date span #6 will be replaced, normal lift bridge schedule to be resumed
    October 31: Approximate date bridge reopened to vehicle traffic, non-intrusive repairs resume
    May 5, 2006: Completion date of project

    Normal Lift Bridge Opening Schedule (307kb PDF)
     

    News Releases

    Stillwater Lift Bridge Repair Project Underway Bridge Closure Scheduled for August 1 (July 18, 2005)
    The Stillwater Lift Bridge repair project began in spring 2005 and is scheduled for completion in May 2006. Motorists will not experience significant traffic delays until August 1, 2005 when the bridge will be totally closed to traffic. The lift bridge will reopen in early November 2005.

Detour Map

Construction

The Stillwater Lift Bridge repair project includes:
  • Structural steel repairs on truss components of the Lift Bridge.
  • Replace mechanical and electrical components of the lift-span drive.
  • Replace the concrete deck
  • Repair the Tender’s House and construct a supplemental Tender’s House east of the existing Tender’s House.
  • Paint and repair the pedestrian railings.

Background

The 106th U.S. Congress appropriated $5 million in 2003 for the rehabilitation, repair and restoration of the historic Stillwater Lift Bridge between Stillwater, Minnesota and Houlton, Wisconsin.
  • Project Location: Minnesota Hwy 36 and Wisconsin Hwy 64 on the St. Croix River
  • Cost Estimate: $5 million
 

go to top button

 


© 2000-2005 Minnesota Department of Transportation
395 John Ireland Boulevard St. Paul, MN 55155-1899
Phone: 800/657-3774 800/627-3529 (TTY, Voice, ASCII)
This site best viewed with 1024X768 or greater and
with Netscape 4.7 or Internet Explorer 4.5 or greater.
 
 

 

 

================================================

 

-----Original Message-----
From: Bruce Ehlers [mailto:bruce@mnpba.com]
Sent: Monday, September 19, 2005 12:34 PM
To: 'Steven Adamsky'
Cc: 'Richard Stehr'; 'Douglas Differt'; 'Lars Impola'; 'Mary McFarland'; 'mcfarlin@dot.state.mn.us'; 'mdivine@pioneerpress.com'; MNPBA Members
Subject: RE: Stillwater Lift Bridge Schedule

Mr. Adamsky,

Thank you for your professional, detailed, prompt response even though I do not agree with your position. I think the pressure from the WI bridge traffic is the primary focus because it certainly is not coming from the Stillwater residents or businesses. In fact, WCCO TV had a news piece last night that focused on the impact of the bridge closure on local Stillwater businesses. I believe everyone interviewed stated that their business revenues were either unaffected or increased without all of the turmoil the bridge traffic generates in downtown Stillwater. Maybe this short experience will inspire more folks to get involved in the planning and implementation for the "new bridge" project? Or, maybe at least they will place more pressure on the public officials and "special interest groups" that are currently working on the project to get it done sooner rather than later.

I am forwarding this to the MNPBA members for their input to the contacts you listed below and for their general information.

In the future, could you make sure that I am included (bruce@mnpba.com) on the e-mails sent out notifying the public about issues that affect the St. Croix River? We would have participated with vigor in the public forum last year regarding this matter if we had been informed.

Thanks,

=====================
Bruce Ehlers
Founder
bruce@mnpba.com
http://www.mnpba.com



-----Original Message-----
From: Steven Adamsky [mailto:Steve.Adamsky@dot.state.mn.us]
Sent: Monday, September 19, 2005 12:10 PM
To: bruce@mnpba.com
Cc: Richard Stehr; Douglas Differt; Lars Impola; Mary McFarland; mcfarlin@dot.state.mn.us; mdivine@pioneerpress.com
Subject: RE: Stillwater Lift Bridge Schedule

First, the change in the rule occurred before I got involved in this project, but in talking to those who were involved, the rule change was proposed and open for public comment, then changed. I believe they said there was not much public comment to consider.

Second, in this climate, the later in the year you place concrete, the more care you need to take to make it work. Since concrete has water as a main ingredient, you need to be sure that water does not freeze before the concrete hardens. It's complicated more because the best wet to cure the concrete is by using a 'wet cure', and as the name implies, it means keeping the surface wet for several days. This prevents the surface from drying out faster than the inside, and cracking. (The west end of the bridge should have concrete placed in the next week, look for the garden hoses keeping the surface wet.) After Oct. 15, we normally don't allow concrete to be placed on bridges without addressing the potential for freezing. We are already pushing beyond that date. The later we get, the more risk there is in freezing.

You're right, it is not your fault the contractor has had problems. But as is the case too often, innocent people have to pay for someone else's mistakes. It's not fair, but we have to balance everyone's needs due to this. There are over 15,000 cars per day that use that bridge, there are businesses that are impacted, there is a hospital impacted, and potential emergency services impacted by the road closure. The river closure some of the same concerns, but not in the same numbers. Because of this, no matter what is decided, someone will be impacted.

If you think that you have a claim of damages because of this contract, that is an issue that you should pursue with the contractor, Lunda Const. We have a person who deals with claims, and you could contact him to discuss, but there is a standard clause in our contracts for the contractor to be responsible. Our claims person is Lars Impola, his number is 651-634-2379. He can give you specific information about making a claim. If you had extra costs to get your boat into storage earlier than planned, that might be a claim worth pursuing, but if your claim is missing 2 weeks of fall colors, that might be a harder claim to pursue. I'm not trying to minimize your claim, but you have to be able to put a cost to it that can be recovered.

Third, this contract is set up with penalties on the contractor if the work is not done on time. When these are threatened and/or imposed, the contractor will make an arguement against them, and there is a contract claims process to resolve. They are aware of the penalties, and my intention to assess them, and as you might expect, they are already trying to make a case against them. I do have the right under the contract to reduce or eliminate the penalties, and one factor that goes into that decision is how concerns like yours, are addressed.

We are meeting with commercial marina owners later this week, and if you want to meet at some point to see what can resolved with your group, I'd be happy to do so. Feel free to contact me at 651-779-5038 to set up a time.

If there was some way to resolve this so as not to impact anybody any more, we would do it. But unfortunately, there isn't. The most we can do is try to mitigate those who are impacted. I know this will upset someone, perhaps you and your organization, but try to understand all the issues we need to balance to get things done as soon as possible.

Steven Adamsky, P.E.
Mn/DOT Metro Senior Engineer
Oakdale Construction Resident Office
Office:651-779-5038

>>> "Bruce Ehlers" <bruce@mnpba.com> 09/16/2005 3:16:57 PM >>>
How did the regulation get changed temporarily (text below)? Was there a public input period? Was it advertised to the public? Why October 17th and not November 1st?

The middle weeks of October are the absolute best weeks for boating on the St. Croix with the fall changes occurring. That is why most of the larger boats wait until after then to pull their boats out for winter storage.

The project as advertised on all of the information locations around Stillwater shows it running into November which was taken to mean that the river would be navigatible at least until then. I simply do not understand why we are now losing those 2+ weeks without any input to the decision. It is not our problem that the "contractor has had problems fulfilling the contract and getting parts for the lift bridge."

There are a large number of boaters that are pre-scheduled to have their boats pulled out of the river and stored for the winter that need to get from their slips north of the bridge to a location south and vice versa after October 17th. Is MNDOT going to provide money or make arrangements for those boaters to temporarily slip their boat on either side of the bridge after the 17th until they can be pulled out?

Will the contractor will be paying performance penalties? Those penalties could be used to compensate the boaters for their out of pocket expenses due to the premature closure of the river.

Or since the temporary CFR states that the Stillwater Bridge "may remain in the closed-to-navigation position", MNDOT could wait until November to "exercise the 'no-lift' option that is allowed in the CFR" when the recreational boats will be mostly unaffected. This option would be the most appropriate course of action.

Please advise, thank you.

=====================
Bruce Ehlers
Founder
Minnesota Power Boaters Association
bruce@mnpba.com
<http://www.mnpba.com/> http://www.mnpba.com

=======================================================================

[Federal Register: February 14, 2005 (Volume 70, Number 29)]
[Rules and Regulations]
[Page 7405-7407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe05-15]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-036]
RIN 1625-AA09

Drawbridge Operation Regulation; St. Croix River, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the regulation governing the Stillwater Highway Drawbridge, across the St. Croix River at Mile 23.4, at Stillwater, Minnesota. Under this rule, the drawbridge need not open for river traffic and may remain in the closed-to-navigation position from midnight, October 14, 2005, until midnight, March 15, 2006. This rule allows time to perform maintenance and repairs to the bridge.

=======================================================================

-----Original Message-----
From: Steven Adamsky [ <mailto:Steve.Adamsky@dot.state.mn.us>
mailto:Steve.Adamsky@dot.state.mn.us]
Sent: Friday, September 16, 2005 11:42 AM
To: bruce@mnpba.com
Cc: Mary McFarland; mdivine@pioneerpress.com
Subject: Re: Stillwater Lift Bridge Schedule

The official schedule is published in the Code of Federal Regulations, 33 CFR Part 117 (you can google 'federal regulations' and get to the website and search for Stillwater). You also need to see the federal register (at the same website) for the temporary change in rule, enacted 2/14/05, that allows the drawbridge to not operate after 10/15/05 until 3/15/06.

It was the intention of our repair contract to keep at least normal drawbridge operations throughout the contract. The contractor has had problems fulfilling the contract and getting parts for the lift bridge that will keep it from lifting. We now have to exercise the 'no-lift' option that is allowed in the CFR.

The contractor is planning on replacing span #6 on 10/17. At that time, and boat that can't pass under the bridge would not be able to cross the bridge.

I'm sorry for the inconvenience, but feel free to contact me with any more questions.

Steven Adamsky, P.E.
Mn/DOT Metro Senior Engineer
Oakdale Construction Resident Office

=======================================================================

_____

From: Bruce Ehlers [mailto:bruce@mnpba.com]
Sent: Friday, September 16, 2005 10:45 AM
To: 'douglas.differt@dot.state.mn.us'
Cc: 'bob'; 'dick.stehr@dot.state.mn.us'; MNPBA Members; Mary Divine
Subject: RE: Stillwater Lift Bridge Schedule


Dear Mr. Differt,

I sent another e-mail to your info@ address at MNDOT without a reply a couple of days ago so I'm re-sending this to you for your input or redirection to someone that can enlighten our association.

I heard on the evening TV news and read in the Pioneer Press a day or 2 ago that the Stillwater lift bridge will close on or about Saturday 10/15/05 to all river traffic. Is this factual? Your website shows that span #6 won't be re-installed until Monday 10/24/05. Which is true, if either?

Please inform us of the official current schedule for the closure of the St.
Croix River for vessels requiring a lift of the bridge or require the continued use of the void #6 Span in order to pass north or south of the bridge.

Please also enlighten us on the current state and federal law as it pertains to the free flow of boat navigation on the federal waterway designated as the St. Croix River during the navigatible boating season.

It is my understanding that the St. Croix River Bridge has to accommodate any vessel asking for passage with a 24 hour notice 365 days a year or while navigatible (without ice).

The US statute (Title 33: Navigation and Navigable Waters -
<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=053ec3a41c7c5b3677
286bb62c485381;rgn=div5;view=text;node=33%3A1.0.1.10.59;idno=33;cc=ecfr>
PART 117—DRAWBRIDGE OPERATION REGULATIONS - Subpart B—Specific Requirements
-
<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=053ec3a41c7c5b3677
286bb62c485381;rgn=div7;view=text;node=33%3A1.0.1.10.59.2.78;idno=33;cc=ecfr
> Minnesota § 117.667 - St. Croix River) I believe is clear below. The
Stillwater Lift Bridge is required by Federal Law to open from October 16 through May 14 with 24 hour prior notice.

If the bridge is unable to lift as directed by law, then I believe that the remedy would be to leave the #6 span detached until the lift is either fixed or the ice prevents any further navigation of the river by boats requiring the lift to be open.

Please enlighten the St. Croix boaters as to the facts regarding the ability to pass north and south of the Stillwater Lift Bridge for the remainder of this year. I have BCC'd the members in an effort to protect them from spam.
I will forward your response or your designee's to them.

Thank you,

=====================
Bruce Ehlers
Founder
bruce@mnpba.com
<http://www.mnpba.com> http://www.mnpba.com


Title 33: Navigation and Navigable Waters

<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=053ec3a41c7c5b3677
286bb62c485381;rgn=div5;view=text;node=33%3A1.0.1.10.59;idno=33;cc=ecfr>
PART 117—DRAWBRIDGE OPERATION REGULATIONS Subpart B—Specific
<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=053ec3a41c7c5b3677
286bb62c485381;rgn=div6;view=text;node=33%3A1.0.1.10.59.2;idno=33;cc=ecfr>
Requirements
Minnesota
<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=053ec3a41c7c5b3677
286bb62c485381;rgn=div7;view=text;node=33%3A1.0.1.10.59.2.78;idno=33;cc=ecfr
>


§ 117.667 St. Croix River.


(a) The draws of the Burlington Northern Santa Fe Railroad Bridge, Mile 0.2, the Prescott Highway Bridge, Mile 0.3, and the Hudson Railroad Bridge, Mile 17.3, shall operate as follows:

(1) From April 1 to October 31:

(i) 8 a.m. to midnight, the draws shall open on signal;

(ii) Midnight to 8 a.m., the draws shall open on signal if notification is made prior to 11 p.m.,

(2) From November 1 through March 31, the draw shall open on signal if at least 24 hours notice is given.

(b) The draw of the Stillwater Highway Bridge, Mile 23.4, shall open on signal as follows:

(1) From May 15 through October 15, Monday through Friday, except Federal holidays, from:

(i) 8 a.m. to 11 a.m., every hour on the hour;

(ii) 11 a.m. to 2:30 p.m., every half hour;

(iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., 4 p.m. and 5:30 p.m.;

(iv) 6:30 p.m. to 10 p.m., every half hour; and

(v) 10 p.m. to 8 a.m., upon at least two hours notice.

(2) from May 15 through October 15, Saturdays, Sundays, and federal holidays from:

(i) 8 a.m. to 9 a.m., every half hour;

(ii) 9 a.m. to 8 p.m., every hour on the hour;

(iii) 8 p.m. to midnight, every half hour; and

(iv) Midnight to 8 a.m., upon at least two hours notice.

(3) From October 16 through May 14, if at least 24 hours notice is given.

(c) The draw of the Soo Line Railroad Bridge, Mile 40.7, at Otisville, need not be opened for the passage of vessels.

[CGD2–91–01, 56 FR 21303, May 8, 1991, as amended by 59 FR 63898, Dec. 12, 1994; USCG–1998–3799, 63 FR 35527, June 30, 1998; CGD08–02–035, 68 FR 74479, Dec. 24, 2003]

 

 

================================================

 

Bruce. The next paragraph is a paste from WDNR's Liesa Lehman e-mail to me. I thought you might want to put that on your website. The e-mail was a direct response to me. The substance obviously fits all who have docks with or without permits on the Wisconsin side of the St Croix.  Jack
 
This from Ms. Lehmann

I've advised folks with existing non-exempt piers to wait for the rule to be final.  That's when General Permits will be available, with the $50 fee.  In the meantime, we're not going to be taking any action against folks for not having permits, if they just continue to place the pier they've placed in the past.

 

================================================

Lower St. Croix Partnership Team

7 p.m.

Wednesday, January 19, 2005

 

Community Room

St. Croix County Government Center

1101 Carmichael Road

Hudson, Wisconsin

 

AGENDA

 

7:00                 1.         Welcome, introductions

7:10                 2.         Approval of minutes of November 17, 2004

7:15                 3.         Election conducted by WDNR*

7:45                 4.         Land use reviews       

A.                Eberhart, New Scandia (Britta Lee) (3 graphics)

B.                 Hause, West Lakeland (Buzz Marzolf) (2 graphics)

C.                 Afton Care Center (Buck Malick) (1 graphic)

D.                Rolland & Hopkins, Hudson (Dave Wald) (2 graphics)

E.                 Merchak, Troy (John Jansen) (no graphics)

F.                  Richards, St. Joseph (Bill Clapp) (2 graphics)

9:00                 5.         Announcements and Adjournment

* The election will be conducted by WDNR representative Bob Baczynski.  A nomination does not require a second.  If more than two are nominated for a position, the field will first be reduced to two.  Paper ballots will be used to vote.  The present officers have agreed to be nominated for these positions: Jansen, Chair; Malick, Vice Chair; Clapp and Rolle, Technical Committee Representatives.  The elected chair will assume office immediately after the election.

Excerpt from Bylaws: B.  Officers.

The Partnership Team shall elect the following officers, each of whom shall serve until the first meeting in each new calendar year (except that the initial officers shall serve until 2005), when an election of officers shall be the first item of business.  The annual election of officers shall be conducted by staff assigned by the Minnesota and Wisconsin Departments of Natural Resources. It is desirable that, together, the officers represent both states and the river reaches above and below Stillwater.  All Members shall be entitled to vote for each office, irrespective of their state of residence.

 

1. Chair and First Commission Representative.  The Chair shall preside at all Partnership Team meetings unless he/she is unable to attend.  The Chair shall consult with the Vice Chair and the assigned staffs of the Minnesota and Wisconsin Departments of Natural Resources concerning preparation of meeting agendas.  The Chair must not be a resident of the same state as the Vice Chair.  The Chair shall serve as the Partnership Team's first nonvoting Member on the Commission.  She/he shall convey to the Commission communications from the Partnership Team relevant to its duties.

 

2. Vice Chair and Second Commission Representative.  The Vice Chair shall perform the duties of the Chair when the Chair is absent.  The Vice Chair shall assist the Chair in the preparation of meeting agendas, in consultation with the assigned staffs of the Minnesota and Wisconsin Departments of Natural Resources.  The Vice Chair must not be a resident of the same state as the Chair.  The Vice Chair shall serve as the Partnership Team's second nonvoting Member on the Commission.

 

3. Technical Committee Representatives.  There shall be two Technical Committee Representatives who shall serve as the Partnership Team's nonvoting Members of the Technical Committee.  They shall convey to the Technical Committee communications from the Partnership Team relevant to its duties.  Each shall be from a different state.

 

Next meeting: March 16 at the St. Croix County Government Center in Hudson at 7 p.m.

 

PT Representatives:  Due to staff and fund limitations, this and future agendas and minutes can only be furnished by email.  Please call your internet-deprived peers (shown on last roster list) to remind them of the meeting.  If feasible, arrive ten minutes early to set up chairs, and linger to put them back.

================================================

FOR RELEASE:                           12/22/04

CONTACT:                                   Robert Baczynski, Lower Chippewa Team Leader, Baldwin, 715/684-2914 ext. 115

 

  ASK  \* MERGEFORMAT

SUBJECT:                                    Meeting to Outline Ways to Establish Lake St. Croix Ordinary High Water Mark

 

 

 

 

 

 

 

 

 

 

EAU CLAIRE, Wis. –    Methods the Department of Natural Resources is using to establish an ordinary high water mark for Lake St. Croix on the St. Croix River will be outlined during a series of meetings in Prescott and Hudson in January, 2005.

The goal of these sessions is to help people understand the processes being used to establish the ordinary high water marks.   Sessions are scheduled from 6 to 8 p.m. Jan. 12 at the Prescott Emergency Medical Services Building, 1603 Pine St.,  Prescott  as well as from noon to 2 p.m. Jan. 13 and from 6 to 8 p.m. Jan 13 at the St. Croix County Government Center, 1101 Carmichael Road, Hudson.

Bob Baczynski, Department of Natural Resources Lower Chippewa Basin Team leader said staff will  explain the principles and laws defining an ordinary high water mark (OWHM), what needs to be done to establish an OHWM, and what OHWMs have been established for Lake St Croix to date

"Department staff will be present to explain the process in detail, how the determination could apply to Lake St Croix and shoreland owners, as well as to answer any questions the public may have regarding the process," he said.  He said the sessions will be a good opportunity to meet the individuals who will be conducting the field work and find out when various aspects of the process will happen.  After field work has been completed in the spring of 2005, the Department of Natural Resources will hold another series of meetings to explain the findings and seek public comments and input.

A finding for the Ordinary High Water Mark is often important to shoreland owners who want to do work on their property.  The location of an Ordinary High Water Mark can influence which regulations a property owner must follow  before any work in the shoreland zone is started. 

Department of Natural Resources staff and partners have conducted physical and biological investigations of the lake this past fall and will be continuing the effort next spring, to be used in preparing the determination.

 

================================================

NEWS RELEASE


Wisconsin Department of Natural Resources

101 S Webster, P.O. Box 7921, Madison, WI  53707

Phone:  (608) 266-6790    TDD:  (608) 267-6897

dnr.wi.gov    www.wisconsin.gov

 

DATE:

Nov. 23, 2004

CONTACT:

Liesa Lehmann - (608) 266-2997

SUBJECT:

Comment period on proposed pier rule extended

             MADISON - Due to a high level of interest in proposed changes to Wisconsin's rules on piers and related structures in public lakes and rivers, the Department of Natural Resources will extend the public comment period through Dec. 15, 2004. 

People can mail in comments on the proposed revisions to Natural Resources Chapter 326 of the Wisconsin Administrative Code, or can use a new state government Web site to submit comments.

A group of citizen stakeholders developed the proposed revisions to enact new legislation aimed at streamlining permitting for projects along lakes and rivers without weakening protections for them. Public hearings earlier this month on the group's proposal drew more than 150 people, and nearly 100 written comments have been received to date.

 “This rule proposal affects everyone who owns waterfront property or uses our state’s public waters,” says Peter Murray, executive director of the Wisconsin Association of Lakes and a member of the stakeholder group.  “We worked hard to develop a comprehensive proposal, but we want feedback from many people to help us know what’s good and what might need improvement.” 

Under the group’s proposal, most existing and proposed piers will be exempt, meaning no permit is needed. To be exempt, piers can be six feet wide or less and extend out into the water to a depth of three feet or what's needed to dock their boat. Piers also can have a loading platform up to 120 square feet as well as benches, flagpoles and navigational accessories, without needing a permit, according to Liesa Lehmann, the DNR habitat protection staff member who facilitated the stakeholder group.

The rule proposal doesn’t require piers to be arranged in a particular shape to be exempt from permitting. Piers can be placed in a straight “I”, in a “T”, an “L” or some other form, Lehmann says.  “You just need to meet the size limits and other standards that are proposed.”

The small percentage of piers not meeting exemption criteria may qualify for one of three proposed general permits, with a one-time, 30-day approval process.

(more)

DNR convened the stakeholders group, which includes waterfront property owners, anglers, Realtors, conservationists and marina operators, in July to review the agency's original proposal for revising the pier rules and to develop alternatives. DNR started revising the rules to carry out 2003 Wisconsin Act 118 -- often called the Jobs Creation Act -- which sought to streamline the state's waterway permitting program.

For more information on the stakeholder group's proposal, including a factsheet, go to the DNR Web site, http://www.dnr.wi.gov, click on "Licenses, Permits and Registrations" and select “Waterway and Wetland Permits,” then click on “Public Hearings.” 

Comments can be made over the Internet at http://adminrules.wisconsin.gov, or by mail through Dec. 15, 2004.  Mail written comments to Liesa Lehmann, DNR-FH/3, PO Box 7921, Madison, WI, 53707-7921.

================================================

-----Original Message-----
From: Baczynski, Robert J. [mailto:Robert.Baczynski@dnr.state.wi.us]
Sent: Friday, November 19, 2004 10:40 AM
To: Members
Subject:

Hello All Partnership Team Members,
As promised Wednesday night, here are the two WIDNR links, one for revised NR118 http://www.dnr.state.wi.us/org/water/wm/dsfm/shore/documents/nr118.pdf

and one for the DRAFT pier rules
http://dnr.wi.gov/org/water/fhp/waterway/proposedrules/proposed_nr326.pdf

*************************************************************************************************
In addition, there has been a change of schedule for the NR118 public meeting being held in Pierce County. It will NOT be held in December due to a conflict. It is being rescheduled to Wednesday, January 12, 2005 in the Prescott EMS Building (blue steel building, across the parking lot from the City Library) from 6-8pm. The meeting in St Croix County on this issue will remain the same, Thursday, January 13, 2005 in the St Croix Government Center from noon-2pm and again from 6-8pm.
*************************************************************************************************

If you notice that someone is missing from the list above that should receive this email message, feel free to forward this to them. Thanks

Robert Baczynski
Water Team Leader
Lower St Croix and Lower Chippewa River Basins Wisconsin Department of Natural Resources 890 Spruce Street Baldwin, Wisconsin 54002
(*) phone: (715) 684-2914 x115
(*) fax: (715) 684-5940
(*) e-mail: robert.baczynski@dnr.state.wi.us

================================================

Lower St. Croix Partnership Team

7 p.m.  Wednesday, November 17, 2004

Community Room

St. Croix County Government Center

1101 Carmichael Road

Hudson , Wisconsin

 AGENDA

7:00                 1.         Welcome, introductions

7:10                 2.         Approval of minutes of September 15, 2004

7:15                 3.         Land use reviews     

A.                 Adrian, Prescott (Discussion leader Carlson) (0 graphics)

B.                 Heinz, Clifton (Arnason) (4 graphics)

C.                Kubitschek, Marine on St. Croix (Dinesen)(3 graphics)

D.                Mau, Lakeland (Wolf)(1 graphic)

7:55                 4.         Status of WDNR rule NR 118 (Baczynski)

8:05                 5.         Status of WDNR OHWM (Baczynski)

8:15                 6.         Status of WDNR pier rule NR 326 (Baczynski)

8:25                 7.         Future of PT (Malick)

9:00                 8.         Announcements and Adjournment

Next meeting January 19, 2005

PT Representatives:  Due to staff and fund limitations, this and future agendas and minutes can only be furnished by email.  Please call your internet-deprived peers (shown on last roster list) to remind them of the meeting.  If feasible, arrive ten minutes early to set up chairs, and linger to put them back.

Partners Attendance at last three meetings May-16; July-22; September-21.

 ================================================

 

-----Original Message-----
From: Steve Carr 
Sent: Wednesday, June 02, 2004 6:02 PM
To: bruce@mnpba.com
Subject: Response to Sat. Article forwarded to Pioneer Press & the Gazette

My thanks to Mary Divine of the Pioneer Press for her excellent article dealing with usage of the St. Croix River north of Stillwater .  There are however, a few more things that need to be said, especially regarding the area north from Stillwater to the Arcola Sand Bar.

 

First of all, the National Park Service likes to call the area a “park”.  It is not a park.  It is an area, 252 miles long, that was folded into a program called the National Wild and Scenic Rivers System.  The federal charter calls for the program to “protect and enhance the values (of the area) which caused it to be included into the system” in a manner that does not “substantially interfere with public use and enjoyment of these values”.  The task of administration and management of this area was delegated to the Park Service by the Secretary of the Interior. 

 

For decades, river usage has been determined in a rational manner dictated by physical boundaries, natural and man-made.  The area north of the Taylors Falls Dam has been pretty much the exclusive domain of canoes and kayaks.  Traffic from Taylors Falls to the Arcola Sand Bar is a mix of canoes, kayaks and small motorized boats (mostly pontoons belonging to area residents).  The stretch from the Arcola Sand Bar to Stillwater is most heavily used by small cabin cruisers, house boats, and an assortment of smaller power boats.

 

The Park Service, despite a considerable amount of public feedback, continues consider the 5.5 mile long Stillwater to Arcola stretch of the river as a part of their management plan for the 27 mile long stretch from Taylors Falls to Stillwater even though it just doesn’t fit in their “one size fits all” plan.  It is a truly unique area since it is the only area of its kind, suitable for family camping, that is accessible to the larger boats.  This area has been successfully user-managed and maintained for decades and hasn’t changed significantly over the years.

 

The Park Service has three basic issues that they are trying to use to justify increased regulation.  Their number one issue seems to be human impact on island erosion.  Erosion is a fact.  It happens on every river on the planet.  How much or what kind of impact humans have on island erosion is debatable.  Rivers change from year to year.  Some soil and sand is washed away and some is deposited every year.  Some islands are shrinking, some are growing. 

 

The second issue raised is the purported decrease in island vegetation again, supposedly due to human activity.  I have to interpret this as a complaint that people are allegedly cutting down live trees for firewood.  It seems unlikely since live trees don’t burn well.  I haven’t been able to find anyone who has personally witnessed this, although we have seen people cut up driftwood for firewood.  Again, they do not take into account new growth or natural change.  Many of the islands began their existence as dredging piles early in the century with absolutely no growth on them at all.  Over the years, they have changed into the pleasant wooded areas that they are today, despite being used by humans.

 

The third issue is the problem of the supposed “increase of trash and human waste” left on the islands.  I can’t speak for the entire river, but I can honestly say that we have seen a marked decrease of trash in recent years and almost no human waste in the Stillwater to Arcola stretch of the river.  The reason for this is that the majority of people who camp in the area are regular weekly visitors, most of whom have larger boats equipped with on-board sanitation.  More and more visitors with smaller boats are coming equipped with portable sanitation devices.  These people keep the islands clean.  The Park Service certainly doesn’t.

 

The Park Service has five basic strategies available to assist in the task of managing the system.  These are to restrict access to the area, restrict activities allowed, provide security/enforcement, education or to provide value-added services.  To date, the Park Service has elected to restrict access and activities rather than to provide people friendly services.  It’s a question of values.

 

I like to call it The People vs. The Clams. 

 

There has been a very limited Park Service presence in the Stillwater to Arcola stretch of the river.  First, a Park Service houseboat was anchored at the Arcola Sand Bar to restrict access to the area north of the sand bar.  The premise behind this Zebra Muscle Checkpoint is to stop northbound boats from spreading the critters farther up the river which could endanger some resident species of clams. The checkpoint is manned 12 hours per day by a Park Service employee.  At first glance, it seems that this is a rational plan until you consider that the zebra muscles are already north of the Taylors Falls Dam, 23 miles north of the Park Service Clam Barge.  It’s also questionable, manning a checkpoint that’s adjacent to the Arcola Sand Bar since most boats can’t navigate over the bar without running aground during the summer.

 

The second Park Service presence in this stretch of river has been two sets of floating sanitation facilities for those who don’t carry their own.  The Potty Barges.  These are the only value-adding Park Service activities ever visible.  They are truly a valuable contribution to the camping experience for some.  Unfortunately, due to budget cuts, the Park Service discontinued the service last year. 

 

Interestingly enough, to this day, the Park Service continues its questionable mission to stop the marauding zebra muscles, restricting travel upstream, even though it can’t afford to provide basic sanitation in an area that it considers to be a “park”.  People vs. clams. 

 

In its relentless push southward to restrict the area from those who would use it, the Park Service arbitrarily moved the Clam Barge one mile further south two years ago, denying area boaters access to 20% of the available area and some of the best fishing spots in this stretch of the river.  It’s also interesting to note that the Park Service allows its own boats to pass north of the Clam Barge (they must be immune to zebra muscles).  In its zeal to restrict access, the Park Service has also restricted access to those land owners north of the Arcola Sand Bar.  Scores of boats used to come south to watch the fireworks on the 4th of July or to enjoy Lumberjack Days in Stillwater .  Not any more. 

 

These restrictions are, if not illegal, against the intent of the original legislation which specifically states that the legislation shall not “affect existing rights” including the “right of access, with respect to navigable streams, tributaries, or rivers”.

 

The third Park Service presence is its enforcement activities.  These are rarely needed but the presence is welcome.  Here too, the Park Service has problems.  Minnesota and Wisconsin have been able to maintain “enforcement harmony”, even though the two sets of statues governing the river are different in certain respects.  The Park Service adds a third set of regulations to the mix, and deems their regulations to take precedence over or in addition to either of the states statutes.  In short, without exaggeration, every single camper south of the Arcola Sand Bar on any day of the week is in violation of at least one regulation.

 

In conclusion, I believe that the Park Service is an institution looking for a mission.  The Park Service naturally has the desire to expand its sphere of influence, manpower and budget.  The only way it can do this is to attempt to solve “problems” that fall within its charter.  In reality, these “problems” may or may not exist.  However, if they can convince the general public that they have a valid mission, they will prevail in their conquest of this precious area. 

 

The Park Service needs to understand that this area is not a park.  They need to understand that people have been using this area for decades in exactly the same manner, and in the same numbers that they do today.  They need to understand that they really aren’t adding any value to the experience compared to ten years ago when they had virtually no presence here.  They need to understand that this creeping, incremental drive to exclude people from using this area will not go unnoticed.

 

Sincerely,

Steve Carr

 

================================================

 

 -----Original Message-----
From: Bruce Ehlers [mailto:bruce@mnpba.com]
Sent: Thursday, May 20, 2004 2:14 PM
To: MNPBA Members
Subject: FW: Camping on the St Croix - Article for Newspaper

Brian Utecht below has forwarded me an e-mail asking for input to Mary Divine at the Pioneer Press regarding camping on the islands north of Stillwater.  If you desire, you can speak directly to Mary providing her with your input for the article to be run next week.
 
The info is below.
 
=====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com
 
To be removed from this list, reply to this e-mail with REMOVE" in the subject line.
 
 
-----Original Message-----
From: Brian Utecht
Sent: Thursday, May 20, 2004 1:34 PM
To: bruce@mnpba.com; dick@mnpba.com
Subject: Camping on the St Croix - Article for Newspaper

Bruce:
Here is some info about camping on the St Croix from Stillwater to Taylors Falls.  An article is being written for the Pioneer Press to be published next week.  Anyone with input can contact the reporter (see below) but needs to do it now to be included.

Thanks
=================
Brian Utecht
brian@mnpba.com
http://www.mnpba.com

=============================================================
 
Subject: Story on Lower River Camping
From: Jill_Medland@nps.gov
Date: Thu, 20 May 2004 11:42:58 -0500
To: "Divine, Mary" <mdivine@pioneerpress.com>

Hi All:

I am contacting each of you (there are about 25 people bcc'd on this email) because you participated in the public scoping process for the Camping Management Plan we are just starting to develop for the 25 mile stretch of the St. Croix National Scenic Riverway from Taylors Falls to the North City Limits of Stillwater.

As discussed at the public scoping meetings, there will be no changes to the way camping is managed this summer.  However, there will be more emphasis on education and on getting information out regarding our existing camping regulations.  We  are starting a new volunteer program to help us make visitor contacts and be extra "eyes and ears" on the Riverway.  Some of you may have read about this "Riverway Patroller" program in Mary Divine's Pioneer Press Article.  I am sure that Mary's article helped us with recruitment for that program.  Thank you Mary!

Mary Divine is working on another story about camping on this stretch of the St. Croix River that will discuss some of the issues surrounding it. This includes the things we heard during the public scoping period such as improper disposal of human waste, litter, and conflicts with riparian landowners.

Mary would like to interview folks that have first hand knowledge of camping on the St. Croix River - the good, the bad, and the ugly.  If you would like to provide input for her story, please call her at 651-228-5443. She is working on the story to appear Wednesday, May 26 so it would be best to call her today (Thursday, May 20), Monday or Tuesday of next week. Please consider giving Mary a call.  Her article will help us bring attention to this challenging issue and ultimately help us protect the St. Croix National Scenic Riverway.

Thank you,

Jill Medland
NPS Planning Team Coordinator
St. Croix National Scenic Riverway
715-483-3284 Ext 609

==================================================================

 
-----Original Message-----
From: Bruce Ehlers [mailto:bruce@mnpba.com]
Sent: Tuesday, May 11, 2004 10:16 AM
To: MNPBA Members
Subject: FW: LSCPT Meeting 5/19 Agenda & Minutes from 3/17 Meeting
Here is the latest communication from the Lower St. Croix Partnership Team discussing their next meeting agenda. I have included the agenda for the 5/19 meeting, the minutes from the 3/17 meeting and the NEW By Laws regarding the inclusion of any new groups into their little "good ole boy" team. I urge you all to send them e-mails voicing your opinion on their new by laws. The e-mail addresses of the group are on the website under roster.
 
This information can also be viewed on our website at: http://www.mnpba.com
 
=====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com
 
To be removed from this list, reply to this e-mail with REMOVE" in the subject line.
 
================================================================

 

Lower St. Croix Partnership Team Meeting

7 p.m.

Wednesday, May 19, 2004

 

Community Room

St. Croix County Government Center

1101 Carmichael Road

Hudson, Wisconsin

 

AGENDA

 

7:00 p.m.        1.         Welcome, introductions

7:10 p.m.        2.         Approval of minutes of March 17, 2004

7:15 p.m.        3.         Land use reviews

A.                 Rygh, Lakeland (discussion leader-Jansen)

B.                 Ingersoll, Marine-on-St-Croix (Jansen)

C.                WI 1 (Clapp)

D.                WI 2 (Clapp)

E.                 WI 3 (Wald)

F.                 WI 4 (Wald)

8:15 p.m.        4.         Future of the Partnership Team with reduced DNR support

8:45 p.m.        5.         Announcements and Adjournment

 

Future meetings for 2004, all at the St. Croix County Government Center in Hudson and all at 7 p.m., have been scheduled for July 21, September 15 and November 17.

 

PT Representatives:  Due to staff and fund limitations, this and future agendas and minutes can only be furnished by email.  Please call your internet-deprived peers (shown on last roster list) to remind them of the meeting.  If feasible, arrive ten minutes early to set up chairs, and linger to put them back.

 

=================================================================== 


Lower St. Croix Partnership Team

 

DRAFT minutes of Meeting #7

March 17, 2004

 

The meeting was called to order at 7 p.m. by Chairman Buck Malick, who established that a quorum was present.  Those present introduced themselves.

 

The minutes of January 21, 2004 were approved with one correction.

 

Land use decision reviews: 

 

Godbout/Zigan:  This case in Lake St. Croix Beach involved a lot size issue (rejected) and an addition to an existing home in the floodplain (approved).

 

Schultz:  This case in Bayport involved combining and splitting lots; the application was withdrawn.

 

Antonello:  This case in Lake St. Croix Beach involved a bluff setback variance for a small addition; it was approved.

 

Palmer:  This case in St. Mary’s Point involved an after-the-fact minor subdivision to build on a small parcel severed and sold by the previous owner; it was denied.

 

Partnership Team review of revised draft of NR 118:  Wisconsin DNR is finalizing revisions to NR 118, the Wisconsin land use rules for the Lower St. Croix, and plans to bring them to the Natural Resources Board May 26.  Some members of the Partnership Team believed the Partnership Team should offer to review and comment on the draft before the board meeting.  A letter to WDNR Secretary Hassett had been drafted and circulated prior to the meeting.  Other members believed it would be better to let the matter go directly to the board without the risk of further delay.

 

Francis Ogden moved, seconded by Paul Mosby, that no letter be sent to Wisconsin DNR.  Extensive discussion followed.

 

Dave Beaudet moved, seconded by John Jansen, that the Ogden motion be amended to send the draft letter, with minor modifications.  More discussion followed.

 

The Beaudet amendment passed.  The amended motion passed.

 

The next regular Partnership Team meeting is scheduled for May 19.  The group agreed to tentatively schedule meetings for April 21 and May 5 in case the draft rule was made available in time to discuss it at one of those times.

 

Bylaw amendment:  The draft bylaw amendment, introduced at the January meeting, was discussed.  The purpose of the amendment was to establish criteria by which the Partnership Team might recommend to the Lower St. Croix Management Commission whether to add or delete organization members.  Discussion followed.  A minor wording change was made to the last paragraph. 

 

Dave Beaudet moved, seconded by John Jansen, that the Larry Kennedy version of the draft bylaws be adopted, with the wording change in the last paragraph.  Discussion followed.

 

Dave Wald moved, Ron Nelson seconding, to close debate.  That motion passed, 17-8.  The Beaudet motion was adopted, 20-5.

 

Ron Carlson reminded attendees that a draft of part of the stewardship guide was available on the back table and he was interested in receiving people’s comments.

 

The meeting was adjourned.

 

 

Partnership Team members and alternates attending:

Ron Carlson, Sierra Club

Francis Ogden, CRZLR

John Gunther, Town of Somerset

Bob Rolle, Town of Troy

Don Dinesen, Pierce County

Ann Terwedo, Washington County

Mark Smith, St. Croix Waterway Association

Joe Boles, Pierce County

Ron Zastrow, Prescott

Jim Stanton, Lakeland

Fred Lauing, River Alliance of Wisconsin

Bill Clapp, Minnesota Land Trust

Chris Armstrong, Osceola

Bill Dunn, Town of St. Joseph

Paul Mosby, Town of Clifton

John Jansen, Lake St. Croix Beach

Dave Beaudet, Oak Park Heights

Dave Wald, St. Croix River Association

John Arnason, May Township

Robin Brooksbank, Marine on St. Croix

Dan Johnson, Bayport

Don Jones, St. Mary’s Point

Gerald Peterson, West Lakeland Township

Buck Malick, St. Croix Scenic Coalition

Doug Rowen, Town of Troy

Buzz Marzolf, St. Croix County

Carl Braunreiter, Town of Clifton

Ron Nelson, Stillwater

Nancy Jacobson, St. Mary’s Point

Debra Points, St. Croix Falls

Jim Fitzpatrick, Denmark Township

Peg Nolz, Afton

Dave Wald, St. Croix River Association

Larry Wolf, Town of Somerset

 

 

Agencies attending:

 

Molly Shodeen, Minnesota DNR

Bob Baczynski, Wisconsin DNR

Steve Johnson, Minnesota DNR

Tom Bradley, National Park Service

 

 

Others attending:

 

Jim Koskar, Minnesota Power Boaters Association

 

 

 

==============================================================

BYLAWS

 

Lower St. Croix Partnership Team

(Adopted April 16, 2003)

(Amended March 17, 2004)

 

A.  Duties.  

 

The Lower St. Croix Partnership Team (Partnership Team) exists to advise the Lower St. Croix Management Commission (Commission).  Its advisory communications shall be directed to the Commission and/or its member agencies.  It has the following specific duties:

 

1. Advise the Commission on the development and revision of state land use rules

 

2. Advise the Commission on the development and revision of state water surface use rules

 

3. Conduct bimonthly post-decision review of local land use actions for consistency with the intent of the Cooperative Management Plan, the National Wild and Scenic Rivers Act, the Wisconsin Lower St. Croix Preservation Act and the Minnesota Lower St. Croix Wild and Scenic River Act, and periodically report to the Commission

 

4. Elect two nonvoting members to the Commission and two nonvoting members to the Commission's Technical Committee (Technical Committee).

 

B.  Officers. 

 

The Partnership Team shall elect the following officers, each of whom shall serve until the first meeting in each new calendar year (except that the initial officers shall serve until 2005), when an election of officers shall be the first item of business.  The annual election of officers shall be conducted by staff assigned by the Minnesota and Wisconsin Departments of Natural Resources. It is desirable that, together, the officers represent both states and the river reaches above and below Stillwater.  All Members shall be entitled to vote for each office, irrespective of their state of residence.

 

1. Chair and First Commission Representative.  The Chair shall preside at all Partnership Team meetings unless he/she is unable to attend.  The Chair shall consult with the Vice Chair and the assigned staffs of the Minnesota and Wisconsin Departments of Natural Resources concerning preparation of meeting agendas.  The Chair must not be a resident of the same state as the Vice Chair.  The Chair shall serve as the Partnership Team's first nonvoting Member on the Commission.  She/he shall convey to the Commission communications from the Partnership Team relevant to its duties.

 

2. Vice Chair and Second Commission Representative.  The Vice Chair shall perform the duties of the Chair when the Chair is absent.  The Vice Chair shall assist the Chair in the preparation of meeting agendas, in consultation with the assigned staffs of the Minnesota and Wisconsin Departments of Natural Resources.  The Vice Chair must not be a resident of the same state as the Chair.  The Vice Chair shall serve as the Partnership Team's second nonvoting Member on the Commission.

 

3. Technical Committee Representatives.  There shall be two Technical Committee Representatives who shall serve as the Partnership Team's nonvoting Members of the Technical Committee.  They shall convey to the Technical Committee communications from the Partnership Team relevant to its duties.  Each shall be from a different state.

 

C.  Membership. 

 

1. Membership in the Partnership Team shall be by invitation of the Commission. Each Member may designate an official representative and an alternate representative.  Each Member shall be entitled to one vote.

 

2. Representatives and alternates who represent a Member local government unit (LGU) with land use authority should keep informed about Riverway decision-making by their LGU.

 

3. All representatives and alternates should attend Partnership Team meetings, evaluate LGU decisions, observe trends, vote appropriately, advocate the official view of, and report to, their Member LGU or other organization.

 

4. The Partnership Team may recommend to the Management Commission that a new non-governmental organization be invited to join if:

 

(a)  A majority of the four officers, or by petition of 51 percent of the Partnership Team members, recommend such action after evaluating the following:

 

(1)  that organization’s views on the Vision Statement found in the Riverway’s Cooperative Management Plan (2002);

 

(2)  the organization’s expertise, connection to the Riverway and organizational stability;

 

(3)  the preservation of the balance of interests on the Partnership Team, including a recognition of the special status of local governments;

 

(4) and other pertinent facts.

 

(b)  Indicators of organizational stability may include:  history, meeting minutes, dues, website, newsletter, purpose in addition to Partnership Team participation, bylaws, finances, paid staff, office. 

 

(c) Two-thirds of the representatives in attendance so vote at a meeting with a quorum present, following 30 days prior notice of the proposal to Partnership Team members.           

 

(d)  The Partnership Team may recommend to the Management Commission that a non-governmental organization member be removed if its representative or alternate misses six consecutive Partnership Team meetings.

 

D. Meetings.

 

1. For elections, for adoption of advisory communications to the Commission and for other business, a quorum shall be sixty percent of the average number of Members represented at the previous three meetings (except that for the first three meetings those present shall be a quorum).

 

2. Meetings of the Partnership Team shall be held at the call of the Chair or, in his/her absence, the Vice Chair.  Meetings shall generally be held every other month, if duties warrant, and shall generally be held in the evening.  Practical notice of meetings (a minimum of two-week’s notice) shall be given to Members, representatives, alternate representatives and the public at least two weeks in advance.  All Partnership Team meetings will be open to the public and conducted according to Robert's Rules of Order. 

 

3. Meeting agendas, minutes, background materials and the information needed for post-decision reviews will be prepared and distributed by staff assigned by the Minnesota and Wisconsin DNRs. 

 

E.  Land Use Review Committee.

 

1.  Local land use decisions being reviewed by the Partnership Team shall first be analyzed and summarized by the Land Use Review Committee (LURC).  The LURC shall be made up of eight individuals: the chair and vice chair, the two Technical Committee representatives, and four additional individuals appointed by the chair from time to time from a pool of volunteers among member organizations’ representatives and alternates.  It is desirable that, together with the officers, the make-up of LURC represent both states and the river reaches north and south of Stillwater.  The chair, at her/his discretion, shall select representatives whose qualifications include familiarity with land use issues and appreciation of the principles of consistency with the intent of the Cooperative Management Plan. 

 

2.  LURC shall conduct post-decision review of those matters requiring notification to DNR by local governments.  LURC shall review application materials submitted by the local government to the DNR, the DNR’s comment letter (if any), documentation of the local government decision, and subsequent DNR action, if any. 

 

3.  LURC shall then prepare a summary of the outcome of each local land use matter for presentation to the Partnership Team.  That summary should include an opinion by LURC as to whether the actions were consistent with the intent of the Cooperative Management Plan and supporting laws.  The chair may invite representatives of the local governments whose land use decisions are being reviewed to be present and comment on the matters at hand, but they shall not participate in preparing the summary and opinion.  All meetings of the LURC shall be open to the public.

 

F. Amendment. 

 

These Bylaws may be amended by a quorum with a 2/3 vote of those present, following 30 days prior notice to Members of the substance of the proposal.

 

 

===============================================================

 

-----Original Message-----
From: Bruce Ehlers [mailto:bruce@mnpba.com]
Sent: Sunday, March 07, 2004 2:48 PM
To: MNPBA Members
Cc: 'steve.johnson@dnr.state.mn.us'
Subject: FW: Retirement

Steve Johnson with the MN DNR has tendered his retirement communicated in the message below.
 
We all owe Steve a hearty THANK YOU for a long dedicated career and also wish him a happy, healthy retirement.

=====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com
 
 
-----Original Message-----
From: Steve Johnson-WAT [mailto:steve.johnson@dnr.state.mn.us]
Sent: Sunday, March 07, 2004 1:49 PM
To: Long List
Cc: Amy Denz; Dale Homuth; John Linc Stine; humris@dnr.state.wi.us
Subject: Retirement


Dear friends:

I have decided to retire from state government on March 19, 2004.

Having spent all or part of every working day since January 1977 focusing on the St. Croix, this decision involves a significant change in my life but comes at a good time for ensuring continued protection of the St. Croix River's outstandingly remarkable values. 

Under Tom Bradley's leadership, the National Park Service is adding renewed focus to the Lower St. Croix, partially through the work of Kate Hanson.  After a bit of a lull following Terry Moe's retirement, Wisconsin DNR Regional Director Scott Humrickhouse is working to enhance Wisconsin's role on the Lower St. Croix.  Minnesota will experience a bit of a lull while my vacancy gets sorted out, but Molly Shodeen's involvement will continue, Amy Denz will remain involved, and you'll probably see more of Dale Homuth and John Linc Stine.

These are exciting times for the St. Croix.  The recent gateway community workshop in River Falls brings new energy to communities in the valley as they focus on the river.  The almost-endless Stillwater bridge debate has settled into a problem-solving mode that promises successful resolution in less than a year. 

As Walter Mondale reminded us a few weeks ago, saving the St. Croix is not something that happens once by passing a law, but happens every day through the small and large efforts of people like you.  Good luck, and thanks.  It's been great working with all of you and I look forward to seeing you all in the future. 

Steve

-----Original Message-----
From: Bruce Ehlers [mailto:bruce@mnpba.com]
Sent: Monday, March 08, 2004 10:58 AM
To: MNPBA Members
Subject: The Process Begins...

It looks like the process is beginning in WI... Below is a letter from Buck Malick asking for a review process before the final proposal is presented to the WI Natural Resources Board.
 
I would urge this to be an open to the public meeting so all of the issues are out in the daylight with full public representation instead of the normal biased approach the Partnership Team seems to take.
 
=====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com
 
====================================================
 
The Lower St. Croix Partnership Team
C/o 413 Brookside Drive
Hudson, WI  54016

 

 

March 4, 2004

 

Mr. P. Scott Hassett, Secretary

Wisconsin Department of Natural Resources

101 South Webster Street

P.O. Box 7921

Madison, WI  53707-7921

 

Dear Secretary Hassett:

 

There are many members of our Partnership Team who believe that it would be helpful to provide some opportunity for review of the proposed NR 118 revised draft rules prior to the presentation to the Wisconsin Natural Resources Board.

 

The executive committee of the Lower St. Croix Partnership Team has recommended that the Partnership Team review the proposed rules and provide comments, clarification and suggested amendments, where desirable, for five or so, of the most contentious draft rule issues.  This process is consistent with the provision of the Cooperative Management Plan, including the duty of the Partnership Team to “…serve as an advisor for development and revision of state land use regulations.”

 

Disruptive issues could be resolved, or substantially mitigated, before proceeding to the Natural Resources Board.

 

We would expect thoughtful, relevant responses from the Partnership Team (composed of 35 riparian governmental representatives and 14 balanced public interest group representatives) a majority of whom have participated in the seven-year long NR 118 rewrite process.

 

We anticipate that the Partnership Team will approve this review process at our March 17, 2004 meeting.

 

We hope you will concur with this informal review process and notify us of your intent as early as possible so that we may schedule a special meeting in April or add the review process as an agenda item at our next regularly scheduled meeting, May 19, 2004, depending on your time table for NR 118 presentation to the Natural Resources Board.

 

Thank you for your consideration.

 

Sincerely,

   

 

Clarence (Buck) Malick

Chairman

 

Cc:       Dave O’Malley, WIDNR

            John Paddock, WIDNR

            Steve Johnson, MNDNR

            Tom Bradley, National Park Service

 

 

Lower St. Croix Partnership Team

Wednesday, March 17, 2004 - 7 p.m

 

Community Room

St. Croix County Government Center

1101 Carmichael Road

Hudson, Wisconsin

 

AGENDA

 

7:00 p.m.        1.         Welcome, introductions

7:10 p.m.        2.         Approval of minutes of January 21, 2004

7:15 p.m.        3.         Land use reviews

A.                 Gobout/Zigan, Lake St. Croix Beach

B.                 Antonello, Lake St. Croix Beach

C.                Palmer, St. Mary’s Point

D.                Schultz, Bayport

7:55 p.m.        4.         Proposal for Partnership Team review of NR 118 issues

8:05 p.m.        5.         Criteria for admission/removal of member organizations (proposed                                         amendment to bylaws)

8:30 p.m.        6.         Announcements and Adjournment

Reminder:  Future meetings for 2004, all at the St. Croix County Government Center in Hudson and all at 7 p.m., have been scheduled for May 19, July 21, September 15 and November 17.

==========================================================

 

-----Original Message-----
From: Steve Johnson-WAT [mailto:steve.johnson@dnr.state.mn.us]
Sent: Wednesday, February 25, 2004 10:00 AM
To: [Distribution List]
Subject: March meeting reminder, and other stuff

This is to remind you that the Lower St. Croix Partnership Team will meet at 7 p.m. Wednesday, March 17 in the Community Room of the St. Croix County Government Center in Hudson.  An agenda and relevant materials will be e-mailed and snail-mailed on Friday, March 5.  My apologies to some of you for whom March 17 is a holiday, and to others of you because it is a Wednesday in Lent.  Hopefully, the rest of the meeting dates selected in 2004 won't conflict with important special dates.

For those of you who are interested, the Land Use Review Committee will meet at 2 p.m. on Wednesday, March 3, at Lake St. Croix Beach City Hall to review land use decisions and prepare materials for the Partnership Team mailing.

You have probably also received notice that the Lower St. Croix Management Commission's Technical Committee will meet at 1 p.m. tomorrow (Feb. 26) in St. Croix Falls City Hall.  Anyone may attend that public meeting.

Lower St. Croix Partnership Team meetings for the remainder of 2004 include May 19, July 21, Sept. 15 and Nov. 14.  Land Use Review Committee meetings are generally two weeks in advance of the Partnership Team meetings, but past practice of having those meetings on Wednesdays will need to change since Molly Shodeen has a permanent conflict with those Wednesdays.

The Stillwater Bridge Stakeholder Group continues to meet and make progress in defining the bridge alternatives, describing their potential impacts and identifying ways to mitigate that impact.  The Stakeholder Group tentatively plans to hold public meetings on the alternatives on June 7-8.  The Draft Supplemental EIS should be available for public comment in August, with a public hearing in September or October.

Having buried a close family friend this week because he didn't heed the message, I'm compelled to remind you all that river ice is NEVER safe.  If you go on the river, be careful.  I do not want to attend your funeral.  Keep yourselves safe and warm and start watching for signs of spring.

Steve

Senator Sharon Marko wants your input... 

 

Here is a schedule of Town Hall meetings in February 2004:

 

Saturday, February 21 – 10am – St. Paul Park City Hall
                                        –   1pm – Catfish Saloon, Afton House
Saturday, February 28 – 10am – South St. Paul City Hall

 

Lower St. Croix Partnership Team Meeting Agenda

7 p.m. Wednesday, January 21, 2004

Stillwater City Council Chambers - Stillwater City Hall

216 N. 4th St.

Stillwater, Minnesota  55082

 

NOTE CHANGE IN MEETING LOCATION!

 

AGENDA

 

7:00   Welcome, introductions, reminder about future meetings

7:05   Approval of minutes of October 15, 2003

7:10   Stewardship proposal, Ron Carlson

7:20   Criteria for admission/removal of member organizations (Proposed amendment to bylaws)

7:50   Land use reviews:

             Kaplan, Lakeland Shores

B.                      Jarvis, Lakeland Shores

C.                      Putnam, Lakeland

D.                      Pond, St. Croix County

E.                      Swenson, St. Croix County

9:15   Other business, adjournment

 

Reminder:  Future meetings for 2004, all at the St. Croix County Government Center in Hudson and all at 7 p.m., have been scheduled for March 17, May 19, July 21, September 15, November 17.  (Only the Jan. 21 meeting will be in Stillwater; all remaining 2004 meetings will be in Hudson.)

 

-----Original Message-----
From: Steve Johnson-WAT [mailto:steve.johnson@dnr.state.mn.us]
Sent: Wednesday, December 10, 2003 2:11 PM
To: bruce@mnpba.com
Subject: RE: January Meeting


We have some currently unresolved workload scheduling issues that make it unclear when we will finish preparing the rules for hearing.  Once we're done with that, the package goes to the Office of Administrative Hearings and an Administrative Law Judge is assigned.  I don't know when we'll get to that point or who will be assigned, but will keep you posted. 

Wisconsin has a different process and they assign a DNR staff member to serve as the hearing examiner.  I don't know when that is likely to happen, either.

None of these processes happens fast.  I'll keep you posted as we move along, but feel free to check in every month or so.

Steve Johnson
River Management Supervisor
Minnesota Department of Natural Resources
DNR Waters
651-296-4802
Fax: 651-296-0445

>>> "Bruce Ehlers" <bruce@mnpba.com> 12/10/2003 1:45:27 PM >>>

Steve,

If I understand your comments below, there is no public participation on the boating issues between now and the hearing in MN before the ALJ.  Is that correct?  When do you anticipate that hearing will occur and who is the ALJ? When do you anticipate the WI hearing will occur and who is the presiding authority at that hearing?

Thanks,

=======================
Bruce Ehlers
bruce@mnpba.com
http://www.mnpba.com


-----Original Message-----
From: Steve Johnson-WAT [mailto:steve.johnson@dnr.state.mn.us]
Sent: Wednesday, December 10, 2003 12:39 PM
To: bruce@mnpba.com
Cc: Molly Shodeen; Eunice.Post@dnr.state.wi.us; rprolle@msn.com; Brian_R_Adams@nps.gov; gusclapp@qwest.net
Subject: RE: January Meeting

Sorry to be so slow in responding to your questions.  I had to figure out what the answers were first.

The Lower St. Croix Management Commission Technical Committee will meet Jan. 22, but the boating rule recommendations from the Partnership Team will not be on the agenda.  Before the recommendations move forward to the Technical Committee and then on to the full Management Commission, there is some internal agency coordination that must occur as well as some cross-coordination between the three managing agencies.  With holiday schedules and people's vacation plans intervening, it is not possible to get the necessary coordination done before Jan. 22.

The Technical Committee would next regularly meet in March; no date has been set.  The boating issues will probably come up then.  Stay in touch and I'll let you know.

Since most Technical Committee members were at the Sept. 17 public meeting and the Oct. 15 Partnership Team meeting (and all have received written summaries of both), as well as at many previous public meetings concerning the boating rule proposals, and since there are formal public hearings on the rules upcoming, the Technical Committee meeting (when scheduled) will not include a public hearing on boating rule issues.

The committee's responsibility is to review the Partnership Team's recommendations and forward them to the full Management Commission with any additional recommendations the committee wishes to attach.  That review will occur in a public setting, but will not include an opportunity for additional public testimony.  The truly meaningful opportunity for public testimony will occur during public hearings the two states will hold on the proposed rule amendments.

Steve
>>> "Bruce Ehlers" <bruce@mnpba.com> 12/9/2003 6:39:47 PM >>>
Steve,

Could you please outline the format, topics, intended conclusion and next steps for the January  22nd meeting?  We also need to know where it is being held and at what time in the evening.  I will distribute the info to others who have asked me about it.

Thanks as always,

====================
Bruce Ehlers
Founder, MNPBA
 <mailto:bruce@mnpba.com> bruce@mnpba.com
 <http://www.mnpba.com> http://www.mnpba.com

Steve Johnson
River Management Supervisor
Minnesota Department of Natural Resources
DNR Waters
651-296-4802
Fax: 651-296-0445

Visit our website at http://www.dnr.state.mn.us/waters

=========================================================================

-----Original Message-----
From: Brian Utecht [mailto:brian@mnpba.com]
Sent: Monday, December 08, 2003 1:46 PM
To: bruce@mnpba.com
Subject: Camping Restrictions Meeting Tomorrow and Public Input Info


Bruce:
Can you please forward this note to our MNPBA members.

The National Park Service is putting together a Camping Management Plan for the St Croix between Taylors Falls and Stillwater and is gathering public input.

An open house will be held on TUESDAY December 9 from 6:30 – 8:30 pm (short presentation at 7pm) at the Washington County Historic Courthouse (this is the old courthouse, NOT the one currently used for government business), 101 West Pine Street in Stillwater, Minnesota.  Come anytime as the meeting is not a two hour lecture but has several stations set up where you can discuss issues with National Park Service Staff and provide comments.  I do suggest you hear the 7pm presentation to understand what this is all about.

Here are the problems as stated in the meeting notice “Below the dam, a number of unacceptable conditions related to camping use exist including human body waste and toilet paper left strewn about on islands and shorelines.  This is not only unpleasant to look at, but poses risks for water quality and public health.  Other issues include campers monopolizing sites, overuse contributing to island and shoreline erosion, and conflicts between campers and private
landowners who own shoreline property.”

Here is my initial reaction to the stated problems:
Human waste:  Add more toilets.  There already are some toilets in this area and they are serviced regularly. Monopolizing of sites: Why do they think that?  Maybe these campers want to all camp together. Overuse = erosion:  What about erosion caused strong currents from the long periods of high water. Conflicts between campers and private landowners:  We have trespassing and public disturbance laws, why do we need more restrictions.

Even if you attend the meeting and provide verbal comments you should send written comments by January 15, 2004 to:

Ms. Jill Medland
NPS Planning Team Coordinator
Jill_medland@nps.gov

Superintendent
St Croix National Scenic Riverway
National Park Service
401 Hamilton Street
PO BOX 708
St Croix Falls WI 54024

Jill can also be reached at 715-483-3284 ext. 609

Also contact Jill to get on their email and mailing list to stay informed of future National Park Service camping and river use related meetings.

=================
Sincerely,
Brian Utecht
mailto:brian@mnpba.com
http://www.mnpba.com

----- Original Message -----
From: Bruce Ehlers
To: Steve Johnson-WAT
Cc: "MNPBA Members"
Sent: Saturday, November 29, 2003 12:41 PM
Subject: Re: Mary Divine's Article

Steve,
 
I have spent some time now pondering your response below and have offered several additional comments below highlighted in RED and inserted them into the text of your response.
 
Thanks again for your comments and participation in this discussion.

====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com
 
 
----- Original Message -----
From: Steve Johnson - MN DNR
To: bruce@mnpba.com
Sent: Monday, November 17, 2003 2:31 PM
Subject: Re: Mary Divine's Article

Hi, Bruce:

There is certainly room for more than one opinion as this discussion goes forward.  Let me clarify a couple of things.

The managing agencies came to some conclusions as the result of broad public discussions in the winter, spring and summer of 1998.  On a typical nice weekend afternoon in the summer, there are between 2,000 and 2,700 watercraft in active use on the Lower St. Croix at any given moment.  Those numbers have not changed significantly since the mid-1980s, but the trend has been toward larger boats.  The majority of the boats can't go over about 45 mph, but a growing number of boats in the late 1990s can and do go nearly twice that fast.  Those facts led some people to conclude that some upper limit on boat speed would be advisable, and it might be wise to put those rules in place before any serious accidents occurred.  There was also considerable discussion about a lower limit at night.  There was a lot of discussion about what those numbers should be, including research into the speed needed to barefoot water-ski and other activities.  There were meetings between river managers, law enforcement officers working the river, and the enforcement officers working Lake Minnetonka, because they had experience with speed limits.  As I stated before, Lake Minnetonka is NOT the same environment as the Lower St. Croix River. The boats there tend to go in circles without any semblance of order. Whereas, on the Lower St. Croix RIVER, the boats tend to go in straight lines north and south much like lanes of traffic with a great deal of order. Also, if there were meetings with the various agencies listed in your comment, I assume that the Washington County Sheriff was not included based on Sheriff Jim Frank's recent statements reported in Mary Divine's News Article, "The Washington County sheriff's office opposes the speed limits between Stillwater and Prescott. The National Park Service, the two state departments of natural resources and the St. Croix County, Wis., Sheriff's Department also patrol the river, but the Washington County sheriff's office has the largest, most visible enforcement presence. Once you have speed limits, you have some expectation of enforcement," said Washington County Sheriff Jim Frank. "They would be virtually impossible to enforce, but yet the expectation is that we are going to do it."  A daytime speed of 40 mph was selected primarily because all boating activities - except just going really fast - could occur at 40 mph or less.  The Minnetonka experience presented a convenient model, although the geographic differences between the two water bodies was discussed.  Lake Minnetonka is, as you pointed out, a lake, or actually more like a series of interconnected lakes, considering its many bays and narrows.  Lake St. Croix is lake-like, but is in fact a river. The St. Croix is a RIVER not a lake and cannot be compared effectively to a lake especially for this discussion.  Aren't folks really trying to compare the Lower St. Croix River to the Boundary Waters Canoe Area?  I find some the rules in that exist in that area to be similar to what folks are proposing for the Lower St. Croix River (http://www.bwcaw.org/rules.html). We don't desire or require the "Boundary Waters Canoe Area South" from the Stillwater Bridge to Prescott, WI.

That, in brief, is the perspective that led to the 40/20 proposal.  You're free to disagree with that and I hope you present a thorough argument to the Administrative Law Judge at the appropriate time. The Minnesota Power Boaters Association was formed specifically to oppose the current proposed rules that have been ramroded through a process that has been unduly influenced by a particular special interest group.  We fully intend to mobilize and vocalize our opposition to these unwarranted proposals. They simply are not necessary and have no factual basis for implementation. As I stated before, I wonder how new laws can be placed into effect when the agency responsible for more than 50% of their enforcement has stated their opposition to them and their inability to enforce them?  Do we really need more unenforceable laws?

Please note that these conclusions were drawn by the managing agencies in 1998, long before the multiple-fatality crash that occurred July 4, 1999.  While speed was certainly a factor in that tragedy, I doubt if having speed limits in place at that time would have made any difference to the boat operators, considering the amount of alcohol involved.
I guess that we could discuss speed in the abstract and suggest that somehow speed is always a factor in accidents since by definition there must be objects in motion to have an accident. However, I do not believe for one minute that a speed limit will prevent all accidents nor do I believe that new speed laws will stop drinking alcoholic beverages or smoking "wacky tobbacky" while boating. I still have not seen any statistics to backup a need for the limiting of speed on the St. Croix River. They certainly do not exist in the summary of boating accidents reported by your state agency, the DNR (http://www.dnr.state.mn.us/safety/boatwater/factsheet.html).  We do not need any new regulations, we simply need the current laws to be enforced more effectively.  Maybe this process would have been a lot better off if all of the time and money spent on it had been invested in additional patrols on the River?

Please note that we've done little with the proposal since 1998, until discussions were renewed in September 2003.  As I said to Mary and as you quoted back to me, the agencies feel WE need to revisit this decision before moving forward.  Is 40/20 still the right answer, in the view of the agencies?  Some opinions have changed, and we need to review the decision internally.  In other words, Bruce, our position may change. It is the intention of the MNPBA to assist your agency and those of WI and the US Government in changing your collective position. I believe that it only takes one of the three agencies to oppose a new regulation, and it fails, is that accurate? If so, then if the MN DNR opposed these new regulations, they would not pass, correct? Can the MN State Legislature create new guidelines for MN DNR regarding the management of the Lower St. Croix River? 

I have a couple of other comments about the article.

The statement that the upper 125 miles of the river is closed to most motorboat traffic is incorrect.  From Gordon Dam to the Mississippi, the designated St. Croix is 154 miles long.  Personal watercraft are permitted only on the lower 25 miles.  All other motorboats are allowed, everywhere.  Motorboats are restricted to slow speed between the Arcola Sandbar and Taylors Falls, a distance of 21 miles.  The 31 miles of river south of Arcola are all heavily used by motorized craft.  The 21-mile slow speed zone sees plenty of motorized use, although it is mostly pontoon boats and small fishing boats.  The Indianhead Flowage above the St. Croix Falls dam is heavily used by motorboats for about 10 miles, to the Nevers Dam area.  Upstream of there, no rules prohibit motorized craft, but shallow conditions sharply limit activities.  I have seen small fishing boats in most areas between Nevers Dam and the mouth of the Namekagon River (70 river miles).  Upstream of the mouth of the Namekagon, I have never seen a motorized boat (19 miles).
Steve, this comment was designed to point out that there is a substantial portion (approximately 129 miles) of the 154 mile long St. Croix River that is in fact similar to the Boundary Waters Canoe Area and can be used by those folks who desire serenity.  All we are promoting is for the lower 25 miles to remain available for those of us to use, as is, without any new unenforceable, unnecessary, self-promoting, regulations. As I see it, this process as clouded with all sorts of selfish proposals to simply promote the wishes of a few folks both from a private and a commercial perspective. Luckily we (the MNPBA) have caught the process before its' completion and will have a chance to stop it before it becomes law.

To say that the 25 miles of Lake St. Croix "is a no-wake zone about eight months of the year" is incorrect.  The river goes no-wake at elevation 683.0, which occurs infrequently.  The following lists the percentage of time the river exceeded 683.0 in each month for the data collection period of 1937 through 1992: Again Steve, I believe you are missing my point.  This statement was designed to point out the fact that the boating season on the lower St. Croix River is extremely short. When you take into consideration winter, ice, high water, cold weather, etc., I believe that we can agree that the recreational boating season effectively runs from May 1st to October 1st each year.  That provides most of us approximately 22 weekends (approximately 50 days) to use the river. The rest of the year the Lower St. Croix is basically a NO WAKE ZONE because it's unusable for most recreational boaters. 

January 0.0 percent
February 0.0
March 3.2
April 16.6
May 7.8
June 4.6
July 1.8
August 0.1
September 0.5
October 0.9
November 0.0
December 0.0

Typically, we see snowmelt-related high water in April, although the numbers above show even in April the level isn't often above the no-wake trigger.  Not a lot of recreational boating occurs before the opening of the fishing season the first Saturday in May.  While the May exceedence is only 7.8 percent, much of that likely occurs early in the month and having fairly high water for the fishing opener is quite common.  Having the no-wake in effect for the fishing opener is less common.

June is typically a rainy month and the "June rise" occurs in response to that.  Even so, exceeding the limit 4.6 percent of the time isn't a lot.

While there was much talk during the planning process about lowering the trigger, in the end the agencies elected to leave it where it was in part because a lower level would be in effect much more often and impact many more boater-days.  Elevation 681 was much discussed, for example;  but at 681 the rule would be in effect 21.5 percent of the time in May and 12 percent of the time in June, a big jump from 683.

I don't expect much activity on the boating rules issue before the next public meeting on the topic on Jan. 22. Steve, the MNPBA is going to continue to discuss and promote our position on this issue in various forums until the next meeting in January and beyond at the ALJ.  I hope that we can continue this positive dialogue to further inform the interested parties.   Enjoy your holidays! The MNPBA also wishes you and your family a happy and safe holiday season... Thanks again Bruce!

Steve Johnson
River Management Supervisor
Minnesota Department of Natural Resources
DNR Waters
651-296-4802
Fax: 651-296-0445

Visit our website at
http://www.dnr.state.mn.us/waters
 
 
----- Original Message -----
From: Bruce Ehlers
To: Steve Johnson-WAT
Cc: "MNPBA Members"
Sent: Sunday, November 16, 2003 5:28 PM
Subject: Mary Divine's Article

Steve,
 
In Mary Divine's article in the Sunday Pioneer Press, you state:

"Safety concerns were considered in the decision to impose speed limits, as were aesthetics, Johnson said.

Steve isn't this a bit misleading?  Safety?  When has there been an injury accident on the St. Croix River where speed was a cause?  Don't list the drunks at 2am on the 4th of July a couple of years ago, since booze was the cause, not speed. Figure 8's on the river after midnight full of booze isn't a speed issue it's a drunk issue for which we already have laws in effect.  Is it reasonable to believe that those drunks that night would have obeyed the speed law if it had been in effect?  I suspect not.  Is there another accident with injuries caused by speed?  I didn't see any in the DNR accident report.

You went on to say, "We're seeing more and more boats going really fast on the St. Croix," Johnson said. "We'd just as soon we never got a big body count."

I can't see where there is a problem with "more and more boats going really fast".  Since there hasn't been an accident due to only speed, what makes this situation inevitable?  Don't you think the usage of the phrase "Big Body Count" was a little strong for someone in a position of neutrality looking for the best way to manage the St. Croix?  What studies have been done that show the need for speed restrictions?  And what study recommends the current proposed limitations?

You went on to say, "The 40- and 20-mph limits were picked because these are the same limits imposed on Lake Minnetonka, Johnson said. "At 40 mph, there isn't anything you can't do on the water except go really fast," he said.

The St. Croix River IS NOT A LAKE The river can not be compared to a lake especially when it comes to speed and direction of boats.  On a lake the boats go in circles, on the river they tend to go straight in opposite directions.  I'd love to see a 41 foot Chris Craft cruise from Lake Minnetonka to Prescott or beyond to the Gulf of Mexico. As was pointed out in the article:

"Jack Swanson, a boater who lives along the river in Prescott, Wis., compares the St. Croix to an "interstate highway" with room for multiple lanes in each direction. "Why would non-boaters want to subject boaters with speed rules akin to that of busy city streets?" he asked. "If ever a waterway held the potential to be a natural and safe waterway where faster boats could utilize the speed designed into their boats, the St. Croix is it."

Jack is right.
 
I hope that we can go forward from here and discuss the issues with open minds and from a factual perspective not one of perceived need or only because, "A fair amount of time has passed, and it just seems prudent that we go back and revisit it and make sure we are all on the same page."  
 
Thanks, as always, for your time and discussion.

====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com

=========================================================================================

Summary of the Pioneer Press News Article 

Printed on 11/16/03 on the Front Page of the Local New Section

For the full article go here

http://www.twincities.com/mld/twincities/news/local/7266465.htm

ST. CROIX RIVER: Boaters group sees no need for speed limits

Pioneer Press

Any possible speed limits on the lower portion of the St. Croix River wouldn't be implemented until 2005...

Stillwater resident Bruce Ehlers formed the Minnesota Power Boaters Association and started a Web site earlier this fall to protest the restrictions...

"Additional restrictions on the river are unnecessary," said Ehlers...

But boaters such as Ehlers say the limits would hurt fishermen who "buy large motors for their boats so they can go fast to the next fishing spot."

 "Already, this stretch of river is highly regulated, with five no-wake zones from Stillwater south...

The Washington County sheriff's office opposes the speed limits between Stillwater and Prescott.

"I believe that a small vocal minority is creating new rules and regulations for an apathetic silent majority,"...

===================================================================================

----- Original Message -----
From: Steve Johnson
To: A Huge Mailing List 
Sent: Thursday, November 06, 2003 2:50 PM
Subject: Lower St. Croix Management Commission Technical Committee

See attached for information about a public meeting on Nov. 20.  Contactvme if you have questions or need additional information.

(For those of you on the boater mailing list, please note that this committee will discuss boating rules Jan. 22; boating rule issues are not on the Nov. 20 agenda.)

Steve Johnson
River Management Supervisor
Minnesota Department of Natural Resources
DNR Waters
651-296-4802
Fax: 651-296-0445
=========================================================================================

 LOWER ST. CROIX

MANAGEMENT COMMISSION

 

MEMBER AGENCIES

 

NATIONAL PARK SERVICE – U.S. DEPARTMENT OF THE INTERIOR

DEPARTMENT OF NATURAL RESOURCES – STATE OF MINNESOTA

DEPARTMENT OF NATURAL RESOURCES – STATE OF WISCONSIN

 

Cooperative Management of the Lower St. Croix National Scenic Riverway

 

MEETING NOTICE

 

Lower St. Croix Management Commission Technical Committee

Thursday, November 20, 2003 - 1 p.m.

City Hall - Council Chambers

216 N. 4th St .

Stillwater , MN

AGENDA

 

1.       Call to order, introductions (Brian Adams , Chairman)

2.       Approval of minutes of September 25, 2003

3.       Town of Troy public boat launch remodeling

4.       Camping Management Plan - NPS

5.       Regulation of swimming pools in the riverway - Rolle

6.       Other

7.       Adjournment

   

*Copies available at meeting; electronic copies available on request from steve.Johnson@dnr.state.mn.us

============================================================================

November 4, 2003 Discussion with Mary Divine, reporter, with the St. Paul Pioneer Press.

Two Main Points:

 1.  Everyone Has a Right to Enjoy the Lower St. Croix River ; and  

2.  Additional Restrictions on the Lower St. Croix are Unnecessary. 

Discussion

1.  Everyone Has a Right to Enjoy the Lower St. Croix River --  

2.  Additional Restrictions on the Lower St. Croix are Unnecessary-  

----- Original Message -----
From: Bruce Ehlers
To: Mary Divine
Sent: Wednesday, November 05, 2003 10:01 AM
Subject: Re: Hi Bruce
 
Mary,
 
After more thought, I want also to make sure that you are aware that our cause isn't just for the Power Boaters but for all who use the St. Croix River. For example, the fishermen are affected by 2 of the new proposals; 1) Speed limits - They buy large motors for their boats so they can go fast to the next fishing spot, 2) Anchoring Proposals - the new anchoring proposals affect them by requiring them to fish outside of the navigational channels and there is a 50 foot restriction from shore. This means that they can't fish in some of the best spots around the Kinnie, Hudson, and Catfish and further they won't be able to fish anywhere closer that 50 feet from shore. Both of these proposals have caused several of the local guides and other recreational fishermen to come on board with the MNPBA in order to have their voices heard.
 
As I said yesterday, "There is a small vocal minority creating new rules and regulations for the apathetic silent majority".  The MNPBA is about not allowing that to happen without participation from the majority.
 
Again thanks for listening,

====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com
 

============================================================================

E-Mail received 10/30/03 from Steve Johnson of the MN DNR 

============================================================================

----- Original Message -----
From: Steve Johnson-WAT
To: bruce@mnpba.com
Cc: haynerca@comcast.net ; mhsmith@mmm.com
Sent: Thursday, October 30, 2003 1:37 PM
Subject: Re: Next Steps?

Hi, Bruce:

Sorry to be so slow in responding.  I was on vacation for 2+ weeks, then had two days of Stillwater bridge negotiations and a little blow-up over the Mississippi navigation expansion study.  Not to mention 10 pounds of mail and 350 e-mail messages.

I have been giving your message some thought.  I have not yet talked with everyone I need to about this, so you'll want to report this out on your website, etc., as Steve Johnson's unofficial opinions about what's going to happen next.  As I consult with others, the outcome may change.  But as you've noted, it's important to give folks some idea of what's coming.

It has been four years since we reached agreement among the managing agencies (NPS, MDNR, WDNR) about what rule changes to propose in the Cooperative Management Plan, and I think events of the last two months indicate we need to revisit those decisions before moving forward.  This should include, I believe, internal discussions within each of the three managing agencies as well as discussions between the three of us.  Those discussions will also take up the comments received recently and the recommendations of the LSC Partnership Team.

Once those discussions have occurred, we'll be prepared to take the Partnership Team recommendations to the Lower St. Croix Management Commission's Technical Committee.  That committee has a meeting scheduled Nov. 20, but I think it will not be possible for the internal discussions to be completed by then.  A more reasonable target is probably the Jan. 22 meeting of the Technical Committee.  Technical Committee meetings are public and there will be plenty of advance notice of the committee's agenda.

Once the Technical Committee has made a recommendation to the full Lower St. Croix Management Commission, the commission will meet to act on those recommendations.  The commission meets as needed so once we know the date of probable action by the Technical Committee we'll schedule a commission meeting for soon after (using the logic above, that might put it around the end of January/beginning of February). Commission meetings are also public, of course, and plenty of advance notice will be provided.

Once the commission has acted, the states will finish up their rule amendment proposals and begin the formal process.  In Wisconsin, that means assigning a hearing examiner and holding a public hearing.  I'm not an expert on Wisconsin's process, but I'm pretty sure about that much.  In Minnesota, it means referring the proposal to the Office of Administrative Hearings, where a judge will be assigned and a formal public hearing conducted.

I know your group has been concerned about the "speed" with which this has been moving, but I hope this outline helps allay that concern. These things don't really move very fast at all, and there are several opportunities for public input ahead.

I've seen some e-mail traffic that is pretty critical of Buck Malick, the Partnership Team's chairman.  I'd encourage you and your members to recognize Buck is a citizen volunteer in a tough spot running a difficult meeting.  At various times we've all probably looked like something we're not to someone who felt their perspective wasn't being heard.  I was attacked in a widely distributed e-mail in August for being a shill for the power boating community, which I think you'd probably realize is hardly the truth.  When the proposals now in the Cooperative Management Plan were first made public in the late 1990s I received dozens of telephone death threats from the power boating community.  I'm not on anybody's side here, and I'm actually less concerned with the outcome as I am with moving the process forward.

While I'm not heavily invested in a particular outcome, I am committed to a process that allows the most people to know about the proposals and have maximum opportunity to be able to express their diverse opinions. To me that clearly means that decisions are not made by the loudest voice or the organization that can motivate the most people of like mind to attend a particular meeting.  This is not the type of issue that can be settled by majority vote unless we can figure out how to get all of the river's 250 million owners to vote on the question.

Hundreds of hours have already been invested in evaluating various proposals, including one that would have banned all motorized craft north of Stillwater, another that would have eliminated all existing no-wake zones, and a full range of perspectives in between.  It's my experience that the more diverse views you have in the room, the more reasonable the outcome and the more quickly the fringe opinions drop away, PROVIDED the participants are willing to listen to each other and respect each others' views.

At this point, I'm committed to continuing to move this process forward, to ensuring the maximum possible number of people know what's going on as we move forward, and to providing maximum access to the public hearing process that is coming soon.

Feel free to share my comments as you see fit.

Steve Johnson
River Management Supervisor
Minnesota Department of Natural Resources
DNR Waters
651-296-4802
Fax: 651-296-0445

Visit our website at http://www.dnr.state.mn.us/waters

"I've known rivers; I've known rivers ancient as the world and older than the flow of human blood in human veins.  My soul has grown deep
like the rivers." --Langston Hughes

From:  "Bruce Ehlers" <bruce@mnpba.com> 10/30/2003 12:03:30 PM >>>
Steve,

Now that the Partnership Team has ruled on the new proposed rules for the St. Croix it's my understanding that the next step is for the
recommendations to be presented in a public forum to an Administrative Judge in MN and a similar authority in WI.  Please verify for me the
next steps in the process to make the current recommendations law, and the schedule for the meetings to do it. 

Our group [MNPBA] is extremely disappointed in the apparent biased process that took place at the Lower St. Croix Partnership Team level
and we are eager to be more fully involved in the next steps of the process.  Since there are differing bits of information regarding the next meeting, could you please inform us of when and where the next public meetings are so we can vocalize our opposition in a manner prescribed by law.

Thank you in advance for your information and direction.

Regards,

====================
Bruce Ehlers
Founder, MNPBA
bruce@mnpba.com
http://www.mnpba.com

============================================================================

----- Original Message ----- 

From: Bruce Ehlers

To: MN State Legislators - Along the St. Croix River
Sent: Tuesday, October 14, 2003 10:20 AM

Subject: We Need Your Help!!

 
Ladies and Gentlemen,
 
I sent the e-mail below to the Lower St. Croix Partnership Team which is currently evaluating new proposed rules for the St. Croix River.  I believe that all of the necessary information is in the e-mail and on our site at: http://www.mnpba.com.  Our new association needs support from our representatives in the MN State Legislature that are closely associated with constituencies along or near the St. Croix River. 
 
We created this new association 2 weeks ago and have already organized around 200 people to get involved.  We believe that there are already too many rules on the St. Croix River.  We also believe that it is only necessary is to ENFORCE the current laws in order to accomplish the same end result.  We believe that it is impossible to legislate common sense, and therefore offer education is a possible solution instead of more rules.  We are also concerned that the process for creating new rules is flawed in that it simply takes a written statement from someone to create a proposal for a new rule. This statement really does not need any evidence that the new rule will provide a reasonable solution that will not cause more troubles in another area.
 
Our organization does not stand for absolutely no more rules of any kind, however we do believe that if there are new proposed rules, they should have some reason and evidence that they are necessary to solve a problem. Some how they must be implemented for the good of the public in general, not a select few private individuals or business owners with selfish agendas.
 
I'd be happy to enunciate in more detail if needed, but most of the current information exists below and on our web site at the address above.  How can we receive your participation, assistance, and endorsement in this matter? 
 
Thanks you for your time,

====================
Bruce Ehlers
110 Lakeside Drive
Stillwater, MN 55082
bruce@mnpba.com\
http://www.mnpba.com
 

===============================================================================================

----- Original Message Reply----- 

From: Fitzpatrick, Jim - Executive Director, Bird Banding, Carpenter Nature Center
To: 'Bruce Ehlers'
Sent: Monday, October 13, 2003 8:56 AM
Subject: RE: October 15 Meeting in Hudson
 
Fortunately there are a good number of people on the Partnership team who do not agree with you. Having been through the last 5 years of meetings when all of this has been discussed in great detail allows many of us to see the holes in your logic. These changes are coming for the safety of all concerned and to help protect the river from being loved to death.
 
Jim Fitzpatrick

===============================================================================================

----- Original Message -----
From: Bruce Ehlers
To: LSCPT
Cc: MNPBA
Sent: Sunday, October 12, 2003 5:35 PM
Subject: October 15 Meeting in Hudson
 

Dear Lower St. Croix Partnership Team,    

I am sending this e-mail to all of the LSCPT members with e-mail addresses and copying the list of folks associated or interested in the Minnesota Power Boaters Association (www.mnpba.com).  In an effort to make the whole list of both organizations available to all for separate comment, I have openly listed the addresses below.   First I'd like to make a very general statement;  The list of folks in the carbon copy portion of this message DO NOT WANT ANY NEW RESTRICTIONS OF ANY SORT ON THE ST. CROIX RIVER, including but not limited to: 

  1. Extending the current Hudson "No Wake Zone" to the point south of the Hudson Bridge past Beenies.

  2. Extending the current Prescott "No Wake Zone" to the point north approximately .8 miles beyond the current line and straight across the river to the Minnesota side.

  3. Adding a new "No Wake Zone" to a place south of the Stillwater Bridge directly in front of Sunnyside Marina across the river to the Wisconsin shore.

  4. Adding new anchorage restrictions including the "rafting" or tie-ups of boats like occurs during the Stillwater Lumberjack Days.

  5. Adding a speed limit of 40 mph during the day and 20 mph at night on the entire St. Croix South of Stillwater.

  6. Adding a 20 mph speed limit between Stillwater and Arcola, redefine the existing slow speed zone north of Arcola to include reference to 15 mph, establish a 100-foot no-wake zone around non-motorized craft, and prohibit amphibious craft from driving onto publicly owned shore areas except at boat ramps.

 
During your last meeting you authorized "a single public meeting to be held in September, with an opportunity for written comment afterwards, leading toward action on recommendations at the Partnership's October 15th meeting."  I attended that meeting in Lake Elmo along with more than 200 others interested in these issues.  The overwhelming majority of the people in attendance were against any new rules including those listed above.  Since that was the case, and it's now time to decide on those issues, I assume that you all will be voting down these issues at the 15th meeting. 
 
What is extremely distressing to me is that it appears that anyone with a pencil and paper can offer a new rule for the St. Croix River that affects 1,000's of others. These new proposals, at least from what I heard at the Lake Elmo meeting, mostly had nothing to do with the benefit of the majority but were simply designed to increase sales or save money for a select few.  Where was the evidence that any of the proposals would benefit both the river and the people who go there for recreation?  What studies have been in place that suggest the additional new rules are even appropriate remedies?  For example, why is it only being proposed to increase the no wake zones (NWZ)?  Wouldn't it be as appropriate to move the Hudson NWZ back up river to the end of Beer Can Island? Wouldn't it be as appropriate to adjust the proposed Prescott NWZ further out into the river from the WI bank instead of making it a river-wide NWZ? 
 
I believe there are other solutions that could have been far better solutions than we have proposed here.  It is our concern that none of these proposals have any evidence behind them that indicates how they will be a better or worse solution to a problem.  In some cases the problem still has to be identified.  For example, the new NWZ at Sunnyside Marina is being proposed by whom and for what purpose?  I assume that it is not simply to keep waves off of their new docks because it is impossible to control the weather which creates a far worse problem than the wakes from boats.  The wind over the last few days was creating waves (wakes) in excess of 3 feet which were aimed directly at their docks.  A new NWZ will not correct that problem.  I have not heard anyone describe the problem that is looking for a solution here especially one that specifically is solved by the new river-wide NWZ that is being proposed. I did hear someone state that the association was spending over $300,000 on new docks.  Could that be the real problem that is trying to be fixed with a new NWZ?
 
Again, based on input at the Lake Elmo meeting, there should be no question here as to what to do with the new proposals.  They need to filed in the circular file (wastebasket) and we need to move on to more important issues.  I realize that the speed limit issue is already a part of the recommendation, so we'll have to address that issue at the hearing in front of the Administrative Judge later.  I'm also at a loss to understand how the speed limits were included in the recommendation, since they were also vehemently opposed by the majority.
 
I will be in attendance on Wednesday for your meeting to hear the results.  I assume that the Partnership members all take their responsibility serious and will also be in attendance to contribute their constituency's views.
 
Thank you,

======================
Bruce Ehlers
Stillwater, MN
bruce@mnpba.com
http://www.mnpba.com
  

===================================================================================

-- Original Message -----

 

From: Steve Johnson

To: Bruce Ehlers

Hello:

You're receiving this message because you've asked to be provided with information about public meetings on boating rules for the Lower St. Croix National Scenic River way, or because you attended a public meeting on that topic Sept. 17.

If this message has reached you in error, or you don't wish to receive further messages about this topic at this e-mail address, please e-mail me at steve.johnson@dnr.state.mn.us and I'll be happy to remove your address.

Attached, and pasted into this message below, is the agenda for an October 15 meeting of the Lower St. Croix Partnership Team.  The Partnership Team hosted the Sept. 17 meeting to gain public input to help it prepare recommendations to the two DNRs before the DNRs begin drafting revisions to the boating rules.  The Partnership Team is expected to adopt its recommendations at this meeting. 

Since the Sept. 17 meeting was held for the sole purpose of obtaining public input prior to its actions, there may be no opportunity for additional public comment at the Oct. 15 meeting.  There will be discussion among Partnership Team members, and the public is welcome to attend.

The two DNRs are expected to prepare proposed amendments to the boating rules in coming months.  There will be formal public hearings in both states and if you remain on this e-mail distribution list you will receive more information as it is available, including notice of public hearings.

If you have questions at any time during the process, feel free to contact me.  My contact information is at the end of this message.

Following is the meeting agenda:

Lower St. Croix Partnership Team 7 p.m. Wednesday, October 15, 2003

Community Room
St. Croix County Government Center
1101 Carmichael Road
Hudson, Wisconsin

AGENDA

7:00    1.  Welcome (John Jansen, Vice Chairman), introductions, reminder about next meeting
7:10    2.  Approval of minutes of August 13, 2003
7:15    3.  Boating rule amendments recommended by Cooperative Management Plan
7:30    4.  Expansion of no-wake zone at Hudson
7:45    5.  Creation of no-wake zone at Sunnyside
8:00    6.  Expansion of no-wake zone to north city limits at Prescott
8:15    7.  Expansion of no-wake zone at Prescott to diagonal recommended by Pierce County Sheriff
8:30    8.  Regulation of anchorage
            9.  Land use reviews:
8:35         A.  Pabst, Marine on St. Croix
8:45         B.  Whitcomb, Lakeland Shores
8:55         C.  Griffith, Lakeland
9:05         D.  Mosby, Marine on St. Croix
9:15         E.  Stephens/Ferron, Marine on St. Croix
9:20         F.  Keyes, Bayport
9:25         G.  Rifleman/Banitt-Jenkover, Pierce County
9:35         H.  Dolan, Pierce County
9:40   10.  Adjourn

Reminder:  The next Partnership Team meeting will be January 21, 2004, at 7 p.m.

Steve Johnson
River Management Supervisor
Minnesota Department of Natural Resources
DNR Waters
651-296-4802
Fax: 651-296-0445

================================================================================================

The St. Croix boaters, landowners and business owners who are working to preserve and protect the Lower St. Croix Scenic River way as a valuable recreational resource.  We believe that the river can accommodate the existing diverse range of recreational uses without harming its exceptional natural resources.

The lower 42 miles of the Lower St Croix River way are classified as Recreational.  It should be managed as a recreational area, and not managed with the same philosophy as the wild and scenic parts of the River way.  The Lower St. Croix Management Plan should provide more opportunities for recreation, not impose more restrictions. The river is close to a metropolitan area and is used by many people as a recreational resource to enjoy their own particular type of recreation i.e. camping, boating, fishing, water-skiing, etc.  This use has been going on for generations and has not degraded its value as an outstanding natural resource.

Our organization believes that there should be no added regulations imposed on the Lower St. Croix River way because the enforcement of existing regulations would solve any perceived problems.  Additional regulations would simply serve to limit the rights of responsible waterway users.  We encourage the active enforcement of existing safety, noise pollution, and alcohol regulations on our waterways.  We oppose the addition of new regulations to address any perceived problems.

 The speed restrictions on boating are unjustified. 

·         The only reason that the government has given for imposing speed limits is that it will force people to slow down and enjoy the boat trip more.  We do not need the government forcing us to recreate in a prescribed manner.

·         Government aircraft flights which count boats on the lower St. Croix River show that the number of boaters using the river has gone down between 1983 and the present.  The river is not becoming more crowded.

·         According to the Washington County Sheriff there have been very few boating accidents on the Lower St. Croix River and speed limits would not have prevented any of them.

·         Problem boater behaviors, such as careless driving, loud boat engines, and failure to yield are already regulated with adequate laws.  Any problems created by a small minority of boaters can be solved by enforcement of current regulations.  

Extending and adding No Wake Zones is also unjustified. 

·         It makes sense to have a No Wake Zone in a congested area like the Hudson narrows and the Catfish Bar because there is not enough room for many boats to maneuver at speed.

 ·         There is no boating management reason to justify granting these requests for No Wake Zones at Prescott, Beanies, and Sunnyside. There is plenty of room for boats to safely maneuver in these areas of the river.  The policy must be made for proper boating management, and not for the convenience of the landowners.

 We have circulated a petition to users of the river and have received over 1700 signatures of people who are against restrictions on land and water use of the Lower St. Croix River.

An additional 700 people mailed letters to the St. Croix River way Management Commission stating their opposition to any further restrictions in the new Cooperative Management Plan. 

Therefore we have shown that we have the support of 2500 people that are opposed to this new plan. We believe that the National Park Service and the MN and WI DNRs are not listening to the citizens.  The overwhelming response has been against increasing restrictions on the river way.  They claim to have considered citizen input but have ignored it and followed their own agenda.

================================================================================================

The Thursday meeting was simply a status report to the Lower St. Croix Management Commission Technical Committee on what was said at the public forum Sept. 17, so you didn't miss much.  The Lower St. Croix Management Commission and its Technical Committee consist of agency folks who usually tend to meet during the day.  When it is making important public policy decisions, the Management Commission will meet in the evening, usually in a fairly large facility.  The Lower St. Croix Partnership Team meets in the evenings and that is the group that held the Sept. 17 meeting.  Its next meeting, which you will likely want to attend, will be at 7 p.m. Wednesday, Oct. 15 in the Community Room of the St. Croix County Government Center on Carmichael Road, one mile north of the Exit 2 interchange off Interstate 94 in Hudson.  At that meeting the Partnership Team will make recommendations to the Management Commission about the boating rules.  There will be formal public hearings on the boating rules sometime in the next 6-12 months and they will be held both during the day and in the evening.

Let us know if there are additional questions I can answer.  I was only in the office for about 4 hours last week, but I'm in quite a bit this week.  Among other things, I'll get out an agenda for the Oct. 15 meeting and you will receive a copy of that.

================================================================================================

St. Croix River Boating Rules Forum

Citizens interested in boating rules on the Lower St. Croix National Scenic River way may attend a public forum on Wednesday, Sept. 17 at Oak-Land Junior High School in Lake Elmo (on Manning Avenue , one mile north of Interstate 94). The meeting will begin at 7 p.m. and is hosted by the Lower St. Croix Partnership Team. There will also be a written comment opportunity.

 

Both Minnesota and Wisconsin DNRs plan to amend their boating rules for the river and this forum will give individuals a chance to speak informally about rule changes before the states start drafting formal rules. Formal public hearings are expected this coming winter.  Public comment is especially sought on three changes proposed fairly recently: expanding existing no-wake zones northward at Prescott, southward at Hudson, and creating a new no-wake zone at Sunnyside Marina in Oak Park Heights.

 

In addition, individuals may speak about changes in the boating rules recommended in the 2002 Cooperative Management Plan for the Lower St. Croix . Those changes include a controversial proposal to establish speed limits on Lake St. Croix of 40 mph during the day and 20 mph at night. There are also proposals to establish a 20 mph speed limit between Stillwater and Arcola, redefine the existing slow speed zone north of Arcola to include reference to 15 mph, establish a 100-foot no-wake zone around non-motorized craft, and prohibit amphibious craft from driving onto publicly owned shore areas except at boat ramps.

 

The meeting's host is the Lower St. Croix Partnership Team, a 49-member group created to advise the Lower St. Croix Management Commission on certain river way management issues, including boating rules. The Partnership Team was established last winter on the recommendation of the Cooperative Management Plan and is modeled after the public task force that helped write that plan. Its members include representatives of 35 local governments and 14 interest groups. Hudsonite Clarence "Buck" Malick is chairman of the Partnership Team.

 

The Partnership Team will meet Oct. 15 and will use comments received at the meeting and in writing to develop recommendations to the states. Written comments may be sent to Lower St. Croix Partnership Team, 413 Brookwood, Hudson , WI 54016 , or may be e-mailed to lscpartnershipteam@hotmail.com

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Copyright © 2003 [Minnesota Power Boaters Association]. All rights reserved.
Revised: September 20, 2005