White Lake Association Newsletter
THE WHITE LAKE
VIEWPOINT
Vol. 2-03 A NEWSLETTER OF THE WHITE LAKE ASSOCIATION May, 2003
Welcome to Springtime 2003! Look for future notice of a special informational meeting being planned for late June on the just completed Alcoa White River Watershed project and the White Lake Remedial Action Plan update.
Michigan Governor Jennifer Granholm has proclaimed May 19th as Sand Dune Day in recognition of our wonderful Great Lakes dunes such as found in our area.
Our web page is updated and running again. We had some technical problems to solve. If you have not paid your dues for 2003, a reminder that they are due. We will send out reminders next month. Secretary, Sandy Coddington, reports that 216 are paid up at this time.
Since many of you are out of the area in the winter, we have included some copies of local news reports of interest. (Tom Thompson)
Water levels are very low this spring, even lower than two years ago. Remember, last summer levels were eight to ten inches above two years ago. Prospects are not good for the usual spring rise into summer. The Great Lakes basin is in a precipitation deficient for the last year (below average). Last winter was cold, but way below in snowfall as all the big moisture snowstorms went below the Great Lakes to the east coast.
Lake Superior froze over last winter for the first time in 20 years, but is a foot lower than a year ago, which reduces flow into Lake Michigan – Huron through the St. Mary’s River. White Lake is certainly smaller and many exposed sandbars can be seen near shorelines.
Remember, doing any projects below the high water mark probably requires a permit (check first). Sometimes sand ridges build up along the shoreline and trap stagnate water ponds, just pulling the top of the ridge back toward shore can sometimes help release the back water. Bringing in sand on a beach below the high water mark will make the lake shallower when water levels rise and sand washes back into the lake. In most places this is probably unwise and again, check first about permit requirements.
Montague Ramp Dredging Planned
The City ramp has fallen victim to low water levels and silting again. The City of Montague is planning on an estimated $63,000 dredging project off from the ramp entrance with the State of Michigan paying for about 75% of the cost. Ramp fees help support this costly maintenance work for the city.
Beach waters bacteria testing will be done this summer in Lake Michigan off from the Light House and Medbury Park.
In addition, two sites will be tested periodically in White Lake with the cost for these two sites paid by the White Lake Association.
The County Health Department and Grand Valley State University Water Resource Institute in Muskegon are operating the program jointly.
Non-Phosphorous Fertilizer Available
Zero percent fertilizer is available at HUNT’S HARDWARE and WHITE LAKE NURSERY in Whitehall. Also weed and feed comes in zero percent phosphorous.
We urge lakefront property owners to use only non-phosphorous fertilizer. Ground water around White Lake flows into White Lake and phosphorous does not break down in soils well, thus ending up in the ground water that flows into the lake. White Lake is already nutrient rich causing excessive aquatic weed growth. Laws have removed phosphorous from laundry soap.
If you are fertilizing, do not over fertilize. Most commercial lawn care companies will apply lake friendly fertilizer when asked. The middle number of the bag is the phosphorous amount (e.g. 27-0-3).
A check by Grand Valley State University scientists last July showed White Lake waters 70% higher in phosphorous content that considered desirable.
Seasonal Dock Permit Questions
This spring, the question of whether a permit is needed for a seasonal dock or mooring for riparian bottom land in front of a homeowners property came up. A seasonal dock being defined as a dock that is removed for the winter. The WLA Board has checked with the Michigan DEQ, The U.S. Army Corps of Engineers, and the Michigan Lake and Stream Association. Here is what we know at this time:
 |
The State of Michigan
DOES NOT require a permit for a seasonal dock. In Michigan lakes, a shoreline
owner may install a seasonal dock and wharf out to navigability. A riparian
owner may not install a seasonal pier an unreasonable distance out into a lake
or stream. A PERMANENT DOCK (YEAR ROUND) DOES NEED A PERMIT. |
|
The Michigan Lake and
Stream Association considers White Lake a Lake of Michigan, and therefore,
should not need a permit for a seasonal dock. |
| The U.S. Corps of Engineers says you do need a permit for a seasonal dock. They base their authority on Section 10 of the Rivers and Harbors Act of 1899. White Lake is considered a Section 10 Lake (e.g. Muskegon Lake Harbor, Grand Haven – Spring Lake Harbor, etc.). This was news to all Board Members and most of us have been around here for more years than we want to count. |
The Corps of Engineers tells us that you do not have to renew the permit every year, but it continues on indefinitely and that there is usually no charge (fee) for private homeowners permits. The permit application is about two pages and requires a diagram showing the location of your dock, boat hoist and length. Like most laws giving a government agency (Corps of Engineers) power to regulate something it is then subject to agency administrative rules. The 1899 Section 10 Act seems to be designed to stop someone from blocking a harbor or portion of it for commercial navigation. It implies that the Corps can establish harbor lines or determine navigable areas. We asked the Corps if they had a chart showing navigable areas of White Lake, and they responded with a “no.” We asked if they had a definition for navigable waters in terms of depth (6 in., 4 ft., 6 ft., or what), and again they responded with a “no.”
We wonder why the Corps does not establish harbor lines or practical navigability depths for White Lake to eliminate all this confusion. Perhaps, if they say a seasonal dock can go out to four feet of water without a permit would be reasonable. They seem to have the perception that lakeside homeowners put a seasonal dock out into six or eight feet of water. We know this is not the case. First of all, seasonal docks are costly and work to put in and take out. Plus one usually has to stand on the bottom of the lake to do so.
We advise you not to panic, as what you have been doing probably would not exceed the concept of unreasonable blocking the navigable areas of the lake. Any permit enforcement would have to be done uniformly and for all, along with a warning first. You could even put your seasonal dock in and then apply to the Corps for the permit. They have not indicated any increased enforcement.
Anyone who has had experience with this seasonal dock issue or some wisdom on the issue, please contact a WLA Board Member. It is possible that commercial contractors or commercial marinas have received legal advice to get permits.
You can use this information for your own permit seeking decision and we will all keep our ears alert for further information. The U.S. Army Corps of Engineers has a regional office in Grand Haven, 616-842-5510. See last page for Section 10 Act and Corps comments.