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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)
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-----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]
================================================
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

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
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
================================================
A. Adrian, Prescott (Discussion leader Carlson) (0 graphics)
B.
Heinz,
C.
Kubitschek,
Marine on
D.
Mau,
Next meeting
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
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
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
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
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
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.
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,
================================================
==================================================================
Lower St. Croix Partnership Team Meeting
7
p.m.
Community
Room
St.
Croix County Government Center
1101
Carmichael Road
Hudson,
Wisconsin
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.
DRAFT
minutes of Meeting #7
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.
===============================================================
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
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.
==========================================================
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
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
"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."
=========================================================================================
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,"...
===================================================================================
LOWER
ST. CROIX
MANAGEMENT
COMMISSION
MEMBER
AGENCIES
NATIONAL
PARK SERVICE –
DEPARTMENT
OF NATURAL RESOURCES – STATE OF
DEPARTMENT
OF NATURAL RESOURCES – STATE OF
City
Hall - Council Chambers
1.
Call to order, introductions (
2.
Approval of minutes of
3.
Town of
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:
2. Additional
Restrictions on the
Discussion
1. Everyone
Has a Right to Enjoy the
2. Additional
Restrictions on the
============================================================================
E-Mail received 10/30/03 from Steve Johnson of the MN DNR
============================================================================
============================================================================
----- Original Message -----
From: Bruce Ehlers
Subject: We Need Your Help!!
===============================================================================================
----- Original Message Reply-----
From: Fitzpatrick, Jim - Executive Director, Bird Banding, Carpenter Nature Center===============================================================================================
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:
Extending the current Hudson "No Wake Zone" to the point south of the Hudson Bridge past Beenies.
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.
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.
Adding new anchorage restrictions including the "rafting" or tie-ups of boats like occurs during the Stillwater Lumberjack Days.
Adding a speed limit of 40 mph during the day and 20 mph at night on the entire St. Croix South of Stillwater.
Adding
a 20 mph speed limit between
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-- 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
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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.
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 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.
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.
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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.
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Both
In
addition, individuals may speak about changes in the boating rules recommended
in the 2002 Cooperative Management Plan for the
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.
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