Greetings Lake Association Members,
Some associations have asked about information for secondary/seasonal home owners and rental properties. We have put out a new advisory. Please see our website should you like to forward to your members.
Matt McKay
Env. Health Tech. and Drinking Water Specialist
Sawyer County Health & Human Services
10610 Main St, Suite 224
Hayward, WI 54843
Phone: 715-638-3401
Fax: 715-634-5019
Email: mmckay@sawyerhs.hayward.wi.us
"Nobody from the state's gonna come down and change the lake any time soon."
WDNR's recommendation for 10 parts per billion (ppb) phosphorus criterion for Lac Courte Oreilles was denied by the Natural Resource Board (NRB) after a tie vote at its hearing on 1/22/20.
Recall that after a three-year legal struggle, the Dane County Court ordered WDNR to create a more protective site-specific criterion (SSC) than the current phosphorus criterion of 15 ppb for LCO. As a result, WDNR did work with COLA, the LCO Tribe, and the U.S. Environmental Protection Agency to craft the 10 ppb recommendation to protect LCO’s two-story, cold-water fishery.
What is the Natural Resources Board?
The Wisconsin Natural Resources Board sets policy for Wisconsin's Department of Natural Resources and exercises authority and responsibility in accordance with governing statutory provisions, including rule-making, e.g., SSCs. It has a seven member board. The Chair of NRB is Dr. Fred C. Prehn, a dentist living in Waseau. From the NRB's website:
"Fred Prehn, along with his wife Linda, own and operate a 158-acre cranberry marsh located in Monroe County ... Fred Prehn is chairman of Cranberry Growers Cooperative which represents 35 growers selling cranberry products in 23 countries ... He also served on the Wisconsin Cranberry Board that funds research, education, and promotion of Wisconsin cranberries."
Why Did the NRB Turn Down WDNR's Recommendation?
There was considerable debate, and you can watch a replay of the recorded meeting at this link (Go to: January 22, 2020 NRB Meeting PART-2; Click on: Watch. Then move the minute cursor to 8:00 for the beginning of the LCO SSC item.)
The attitude at the hearing stiffened a bit when WDNR Water Quality Bureau Director Adrian Stocks pointed out that cranberry discharges amount to 11% of the phosphorus coming into the lake. These discharges actually amount to 41% of the readily-controllable phosphorus (versus that from natural sources such as creeks, the atmosphere, neighboring forest lands.)
There were several defenders of the WDNR's recommendation. Perhaps the strongest was Bill Smith who noted the strong support, not just from LCO property owners but also from the Hayward community at large, including the Hayward Chamber of Commerce. He pointed out that the local community depends on LCO's water quality and that there was no cost to WDNR or anyone else for selecting an appropriate phosphorus criterion for LCO.
On the other side, there was a sense that several on the NRB board felt that LCO landowners were merely lazy complainers who didn't realize the damage they were doing to their own lake by whining about water quality. Greg Kazmierski said that if he were planning a fishing trip and heard about LCO's water quality problems, he'd go elsewhere. "LCO is a beautiful lake just the way it is right now." Not only did he advise us to keep our mouths shut, he went on to say that it's up to us to get the lake to 10 ppm.
Then Prehn piled on. In his words (starting at about ~38:52 - Note: Prehn refers to Lac Courte Oreilles as "Couer d'Alene" throughout the hearing):
".. if you want to fix the phosphorus in Couer d'Alene, don’t let the state .. don’t put a number on it, start fixing it, landowners. Take care of your septics, take care of the the fertilization you do on the lake, ag can be part of the process - time your use of when you put down phosphorus as a cranberry farm.
It is something they can fix, if they want to. You can put 10 on this thing, its not going to change a damn thing until they want to decide as a lake association to get up, get around the lake. They can’t mandatory it. But if they really want to change that lake they can change it. Nobody from the state's gonna come down and change the lake any time soon."
What are the Next Steps?
This is a real setback. COLA and the LCO Tribe have made such gains over the years. We've already done everything Prehn said we should do. We "got up" decades ago, we've "got around the lake" many thousands of times, we've taken care of septic systems, we've addressed the home owner fertilizer problem, made some progress in restoring shoreline buffers and so much more from identifying erosion-prone ag & timber lands in the watershed to controlling aquatic invasive species, resisting zoning changes from forestry to more residential development, restoring musky spawning habitat ...
If anyone doubts that COLA has gone the extra distance time and time again to protect LCO, just take a look at the timeline of significant events in COLA's history over the last 50+ years.
COLA will take some more steps, other than those that Prehn recommends, that seem to be more in line with what LCO actually needs at this time. These are being worked on with great urgency. More on this later.
Rest assured, COLA won't give up.
WDNR Recommends 10 ppb!
Update on November 8, 2019 WDNR Hearing Regarding the Phosphorus Standard for LCO
The WDNR hearing in Bass Lake township on the new phosphorus standard for Lac Courte Oreilles was a great success for COLA. One reason is that, prior to the meeting WDNR received 165 comments in support of lowering LCO’s phosphorus standard to 10 parts per billion (ppb). Even the U.S. Environmental Protection Agency joined the chorus supporting COLA’s science backing the 10 ppb standard.
Only 18 comments were in opposition. (You can look at all the comments here.)
Remember … WDNR was required to create a 10 ppb sight specific criterion (SSC) for LCO by the Dane County Court after a three-year legal struggle!
As Gary Pulford, COLA’s vice-president, reported about the hearing, “... the room was full (standing room only) of LCO supporters. Terrell Boettcher and I counted 60+ people, not including WDNR staff, in attendance. Ben Crary (LimnoTech), Alf Sivertson, Brian Bisonette (LCO Tribe), Kevin Horrocks (COLA’s president), and Rob Gales (LCOFI’s president) all did a great job representing COLA/Tribe/LCOFI interests in the matter. In addition, another 15+ people spoke in support of the 10 ppb SSC. All in all ... a very good day.”
Paul Eckerline, COLA board member, added “I was never so proud to be a part of COLA. Hopefully this time, but, if not, the next, COLA is the winning team … we will prevail.”
In addition to the statements at the hearing, the COLA/Tribe written comments and hearing presentation were submitted to WDNR by the close of business Nov. 12th.
For a more thorough account of the hearing see Terrell Boettcher’s article in the Nov, 14 edition of the Sawyer Co. Record. (Contact COLA) if you’d like to review a hard copy of this article.)
WDNR Finally Acts
WDNR announced its decision about the phosphorus standard shortly after its Jan. 8, 2020 deadline to do so. From WDNR's announcement:
"The department received a significant number of public comments (both in writing and at the hearing) as well as comments from U.S. EPA. Based on the comments, the Department conducted additional data analysis using revised methods. With this additional analysis, the Department found that a criterion of 10 ug/L total phosphorus is within a reasonable range to increase survival of whitefish within the lake, under some conditions. [Note: ug/L is equivalent to ppb.] A site-specific criterion of 10 ug/L total phosphorus for LCO is more stringent than the statewide total phosphorus criterion of 15 ug/ L that applies to other two-story fishery lakes. A criterion of 10 ug/L will help increase survival of whitefish, which is the most sensitive species in the lake, in the lake's East Basin."
Simply put, WDNR now recommends a 10 ppb phosphorus criterion for LCO.
What are the Next Steps?
Even though WDNR was required to create a 10 ppb SSC for LCO by the Dane County Court and even though WDNR has finally followed through, the Wisconsin Natural Resources Board has to approve WDNR’s decision. Then the Governor must approve it, and finally the state legislature must vote on the decision. Fortunately, all this must be completed by mid-February, 2020.
Help COLA - Attend or Comment on WDNR Nov. 8, 2019 Hearing
Please Help Lac Courte Oreilles
Attend or send comments regarding WDNR’s Hearing on November 8 to Support Strengthening the Protection of Water Quality in Lac Courte Oreilles
The Courte Oreilles Lakes Association asks that all who value Lac Courte Oreilles (LCO) attend or comment on the November 8 hearing by the Wisconsin Department of Natural Resources (WDNR). This hearing is focused on setting a lower phosphorus limit for the LCO lakes. It is critical that WDNR hear from as many as possible that a new, lower protective standard of 10 parts per billion (ppb) must be applied to the lakes.
Lac Courte Oreilles is designated an Outstanding Resource Water and also a unique, two-story fishery. It is one of only five such lakes in Wisconsin with a narrow layer that is cold enough and with enough oxygen to support both cisco and whitefish, which are the primary food source for walleye and musky. Preserving this habitat is essential to the lake ecosystem.
Lac Courte Oreilles has faced phosphorus pollution for decades. In 2014, LCO’s Musky Bay was designated by the EPA and WDNR as an impaired water body because of high phosphorus concentrations. In 2018, all of Lac Courte Oreilles was listed as an impaired water body because of low dissolved oxygen – a result attributable to high phosphorus concentrations.
Phosphorus levels in LCO have increased substantially. Based on research by the US Geological Survey, pre-development phosphorus concentrations in Musky Bay were 10 ppb or lower. The 2014-2018 average was 25.9 ppb. In 2011 and 2012, Musky Bay’s phosphorus concentrations exceeded 40 ppb.
For all of LCO, the 2014-2018 average phosphorus concentration was 13.8 ppb. While this is lower than the current Wisconsin criterion for two-story lakes of 15 ppb, dissolved oxygen levels have been declining summer after summer. Despite meeting the phosphorus standard, LCO is still experiencing extensive whitefish and cisco die-offs. There is ample evidence showing that high levels of phosphorus led to oxygen depletion in the critical habitat layer and that cisco and whitefish are dying from lack of suitable habitat. It only makes sense to establish a more protective phosphorus standard and provide some hope of preserving one of Wisconsin’s premier fishing/recreational lakes.
In 2016, COLA presented evidence to WDNR showing that the current 15 ppb standard is inadequate, and an upper limit of 10 ppb of phosphorus is essential to save LCO’s two-story fishery.
WDNR did not act, so COLA and the LCO Band of the Lake Superior Chippewa Indians joined in legal action brought in Dane County Circuit Court to force the agency to set an appropriate phosphorus standard.
On July 2, 2019, after more than three years of WDNR foot-dragging and legal maneuvering, COLA and the LCO Tribe prevailed. The Court demanded that WDNR develop an appropriate phosphorus standard for LCO.
WDNR finally (if reluctantly) proposed that a lowered phosphorus limit of 10 ppb be established for LCO after public review. But, and this is a big “but,” WDNR included an option for the new rule – maintain the current 15 ppb!! This is unprecedented, and it indicates that WDNR has not yet moved beyond the recent years of willful environmental neglect.
We cannot let this continue any longer – the status quo is not acceptable. Property values are jeopardized – every one-meter decrease in water clarity leads to an eight percent decrease in property value. Recreational uses – fishing, swimming, boating, and the simple pleasure of enjoying a clean lake – are threatened by toxic blue-green algae, mats of aquatic vegetation, and invasive plants. This cannot be allowed to happen.
COLA has done everything it can to preserve LCO. Examples include leading the effort to inspect/upgrade septic systems; instituting a shoreland restoration program; controlling invasive aquatic species, re-stablishing musky habitat in Musky Bay; mapping erosion-susceptible agricultural and forest lands; promoting reasonable and effective zoning; and encouraging cranberry growers to better manage their water use.
Now we really need your help. Here are two ways to preserve LCO’s water quality.
Attend the November 8, 2019 hearing, scheduled for 10 AM, Bass Lake Town Hall
Email, call, or send a letter (sample email/letter) directly to:
Kristi Minahan (608) 266-7055
Department of Natural Resources
Bureau of Water Quality WY/3
101 South Webster Street
PO Box 7921
Madison, WI 53707
DNRAdministrativeRulesComments@wisconsin.gov
Thanks so much for your help!
Jim Coors, COLA Communications, communications@cola-wi.org, 608-628-0694
Note: If you plan on attending the meeting, please let COLA know (communications@cola-wi.org). For a pdf of this message, click here.
IMPORTANT EVENT - WDNR Hearing on November 8, 2019
WDNR is holding a public hearing relating to the establishment of a revised phosphorus standard for Lac Courte Oreilles. The new standard is part of WDNR’s revision of NR 102 relating to the establishment of site-specific phosphorus criteria for Lac Court Oreilles.
Over the next several weeks COLA will send out background information relating to this hearing. It is crucial that all on LCO become aware of what is being proposed and how to respond to the call for comment. More later.
Right now, please note the following date, time and place on you calendar:
WDNR Public Hearing
November 8, 2019
10 am, Bass Lake Town Hall
Update on SSC litigation with WDNR
COLA requested in March 2016 that WDNR set an upper-limit of 10 ppb for phosphorus for LCO as a means to preserve the two-story fishery. WDNR did not act, so COLA and the Lac Courte Oreilles Band of the LCO Tribe joined in legal action brought in Dane County Circuit Court to force the agency to set an appropriate phosphorus standard. In 2017, WDNR settled with COLA and the LCO Tribe and agreed to set a new phosphorus standard.
After five months, WDNR reversed course, reneged on the settlement agreement, and instead claimed that the existing 15 ppb phosphorus limit was adequate for Lac Courte Oreilles.
The Court did not appreciate WDNR’s disregard of its ruling, and, after WDNR’s protracted series of appeals, the Court demanded on July 2, 2019 that WDNR develop an appropriate phosphorus standard for Lac Courte Oreilles. Action from WDNR still awaits.
Oh No!! Zebra Mussels
They are not in the LCO Lakes yet, but they’ve been found nearby in Big McKensie Lake in Washburn Co. according to a recent article in the StarTribune. The Zebra Mussel is a serious invasive species and could destroy our lakes.
See the message from COLA President Kevin Horrocks here.
WI Lakes Partnership Convention - April 10-12, 2019, Stevens Point
This year the WI Lakes Partnership Convention and Water Action Volunteers Symposium is at the Holiday Inn Convention Center in Stevens Point. The Convention starts on Wednesday, April 10 and runs through Friday, April 12, 2019.
COLA’s forestry project is first up on Thursday morning.
Information on the Convention can be found at https://www.uwsp.edu/cnr-ap/UWEXLakes/pages/programs/convention/default.aspx
New 700 ft Setback Requirements for Enhanced Boat Wakes
A new enhanced boat wake ordinance became effective on November 12, 2018. To view the ordinance click here. The essential elements are as follows:
“No person shall operate a motorboat … on the waters within the Town of Bass Lake, Sawyer County in a manner to enhance an elevated wake for over 50 feet in length closer than 700 feet from any shoreline, dock, pier, raft or other restricted area(s) within the Town of Bass Lake, Sawyer County. An elevated wake is a trail of disturbed water left by the passage of a watercraft in excess of 24 inches. Such prohibited operation shall apply to wake enhancement watercraft by the use of ballast, mechanical hydrofoil(s), uneven loading or operation at transition speed. Transition speed means the speed at which the boat is operating at greater than slow-no-wake speed, but not fast enough so the boat is planning.”
A higher resolution map is provided here.
A Lakeside Companion - a new book by Ted J. Rulseh
The University of Wisconsin Press has recently published “A Lakeside Companion,” by Ted J. Rulseh.
According to Michael Engleson, executive director, Wisconsin Lakes, the book “Delivers the magic of lake living while conveying water science topics in a clear and engaging way. Whether you are on the lakeshore or far away, it will bring you back to the waters you love. A great read.”
More information here.