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(page revised 06/5/10) Articles of Current Interest

Walleye Stocking From the DLA Newsletter 6/2010

 For several years your Duck Lake Association has provided funds to stock Duck Lake with walleye fingerlings.  These funds included Association budgeted monies, donations from the canisters at the two local stores (Duck’s Point and Duck Lake General Store) and from donations earmarked for fish stocking.   

The minimum cost, two years ago, for the walleye fingerlings was over $2000.00.  Last year, your Association voted to provide matching funds for the walleye stocking.  We are approaching the goal of providing those matching funds, but need additional donations.  Donations may be sent in with your dues or provided to any Association board member with an indication that the funds are for the walleye stocking.  Or, you can simply dump your change in the store canister.

Thank you for supporting the natural resources of our lake!

Turtle Cove Update-  04/16/2010 - No additional news on Turtle Cove. 09/27/09 Please follow the following link to an article in the Battle Creek Inquirer Saturday 09/25/09 - Duck Lake condo plan withdrawn |

The Duck Lake Association is opposed to any development of the area known as "Turtle Cove". The proposed development known as "North Shore Preserve" is within the Turtle Cove area.

This website attempts to provide you with the very latest news about Turtle Cove development opposition activities. Please go to the Current Issues page for greater background on this issue.

Donations - The DLA wishes to extend many thanks to the people who have donated to the Turtle Cove fund.

Good News from Duck Lake Aquatic Plant Survey by Professional Lake Management of Caledonia Mi  (copies are available from DLA)

From the report: "Based on the July 22, 2009 survey of Duck Lake, there is no immediate need for aquatic plant control. The plants that are suspected to be a possible hybrid should be evaluated on a yearly basis to determine if it is acting invasive. If these plants continue to expand or begin to cause a nuisance, it may be an indication that it is indeed a hybrid. At the current time, physical characteristics are not an absolute factor for hybrid determination. The only way to verify is to have genetic testing done on the plants.

If these plants continue to expand, consideration should be given to spot treatment using systemic herbicides. Systemic herbicides have the ability to control the root of the plants and are selective for milfoil species only. This option should be reviewed after the possible hybrid has been re-evaluated in 2010."

 

Note- These articles and notes provide background to the Turtle Cove issue. (updated 03/09/10)

- At the Clarence Township Board meetings throughout the fall of 2009, and up through the March 8,2010 meeting, there has been no news about Turtle Cove development.

- At the Clarence Township Board meeting July 13, 2009, the Duck Lake Association presented Supervisor Bob Fisher petitions containing 342 signatures opposing development of Turtle Cove.

- At their July 14, 2009 meeting, the Duck Lake Association voted to retain attorneys to assure that all Turtle Cove development activity and approvals are strictly legal.

- At their July 14, 2009 meeting, the Duck Lake Association board heard from concerned citizens who expressed a willingness to contribute toward attorney fees. A pledge drive has been organized.

- The Duck Lake Association (DLA) has hired Attorneys who are actively working on the Turtle Cove issue.

- On July 29,2009 DLA Attorney Troy Langer met with Clarence Township Supervisor, Bob Fisher and Zoning Administrator, Mike Morgan to discuss the issues.

- On August 14, 2009 DLA Attorney Troy Langer met with Mark Eidelson who is the Clarence Township Panning consultant, Larry Scott, Chair of the Township Planning Commission, and Mike Morgan, Building Inspector/Zoning Administrator. The purpose of the meeting was to discuss the proposed "Turtle Cove" development and acquire additional information about the development as well as the development process.
 

 

Proposed Duck Lake project opposed

Saturday, June 20, 2009

By Heidi Fenton

hfenton@citpat.com -- 768-4945

At age 10, Thomas Dowling would travel in his family's boat to the northwest corner of Duck Lake in Calhoun County. There, in an area lake residents dub ``Turtle Cove,'' Dowling and his friends challenged each other to a catch-and-release game with sunbathing turtles.  The memory remains fresh in the mind of Dowling, now 16, and it fuels his concern over a proposed development project in the area.

He is not the only Duck Lake resident who is worried. More than 100 people attended a June 8 meeting of the Clarence Township Board to voice concerns about development of land adjacent to the cove. The township is just north of Albion.  ``This is a turtle habitat,'' said Thomas' father, Richard Dowling, president of the Duck Lake Association. ``People who don't live on the lake are able to bring their boat over here and are able to enjoy it.''

Last fall, three owners of Duck Gunn Development LLC., purchased the 6.5-acre plot for $870,000.

Mortgage stipulations required representatives from the partnership to notify Union Bank -- which facilitated the property sale -- within 15 days ``before any work is commenced, any services are furnished or any materials are supplied to the property.''  Duck Gunn agents provided the notification less than a week after the purchase.

A sign now stands on the property's back perimeter along Monroe Drive indicating a proposed development called ``North Shore Preserve At Duck Lake.'' The developer, Patrick Feldpausch, said five lakefront lots are part of the plan, each of which is intended for a single-family dwelling. The lots will sell for $150,000 each.

A boardwalk linking each of the properties will lead to a common dock, eliminating unnecessary clutter, Feldpausch said. He does not have plans to create parks or other additional features. ``That's why we call it a preserve, because most of the natural beauty will be preserved because it's just 6.5 acres,'' he said. Feldpausch requested a soil test be done on the property before the sale to determine whether it is part of a wetland and therefore under the jurisdiction of the Michigan Department of Environmental Quality. Two investigators from Voice Environmental Inc. rendered an opinion in favor of wetland status based on field tests of water table levels and observations of vegetation.

In a report filed with the DEQ and obtained by the Citizen Patriot under a Freedom of Information Act request, the investigators identified two wetland areas. In their joint opinion, the wetlands are guided under the arm of the DEQ. An additional upland area, farther back from the shoreline, is not described as under the DEQ's control.

Feldpausch said construction of a condominium on each plot will be in the upland portion, close to Monroe Drive. Although the purchasers will design their own construction plans, he said, the wetland will be marked clearly so they cannot build in that area.

Bob Fisher, supervisor of Clarence Township's Board, said the planning board will review the development proposal and consult the township's master plan. The current plan lists Turtle Cove as a ``Resource Conservation Area'' and says the preservation of such areas is of ``paramount importance'' to both Clarence Township and the state of Michigan. Fisher lives on Duck Lake and said he opposes the project. ``The board's attitude is we'd like to stop it, but I'm not sure if we can. We're gonna try,'' he said.

Several lake residents are concerned with how a development would affect the area's sewer system. Feldpausch has obtained a DEQ permit for underwater boring to lay sanitary lines. The county road commission has given the go-ahead to bore under the road, Fischer said.

Michelle DeLong, district representative for the DEQ's Land and Water Management Division in Calhoun County, said an additional permit would be needed for any further construction on the wetlands, such as a boardwalk. Such a permit would require a public notice in a newspaper, and the public would be allowed to voice concerns in an open hearing.

 

Large Turnout for Clarence Township Board Meeting June 8, 2009

One hundred and seven people attending the Clarence Township Board meeting held June 8, 2009 where the possible development of land adjacent to "Turtle Cove" was discussed. Citizens are very concerned that the wetlands surrounding Turtle Cove will be harmed in the possible development of property along Monroe Road.

The crowd was very civil and polite while asking hard questions of Township Supervisor Bob Fisher. Mr. Fisher did a good job of allowing everyone an opportunity to speak and in chairing the meeting. It was evident that there are many questions with less than complete answers about the entire process. Following are some of those questions with comments: Does the Township Board have to allow the developer to attach to the sewer? It appears that the Township Board believes they do need to allow the hook up provided that the developer pays all the cost.

Another question is how much authority does the Township Planning Commission have? One unofficial source indicates that the planning commission has considerable authority and would need to issue permits to allow any development along Monroe Road.

A third question is whether the land along Monroe Road is all officially designated wetlands, or whether some portion of the land close to Monroe Road are not wetlands. No one seems to know for certain. It is interesting to note that the Township Master Plan designates the Turtle Swamp area as a, "Resource Conservation Area". According the Clarence Township Master Plan draft, a resource conservation area is: "The Resource Conservation Area is comprised nearly entirely of comparatively expansive contiguous areas of wetlands, and hydric soils, and stream corridors. The Resource Conservation Area includes some parcels characterized entirely or nearly entirely by wetlands." (The quotation above is the first two sentences of the pertinent section of the above noted draft master plan.)

Lastly, Bob Fisher suggested during the meeting, that the Michigan Department of Environmental Quality (DEQ) has a great deal of authority over any development of wetlands. Mr. Fisher seemed to indicate that the DEQ is the primary venue to address our questions. Recent and continuing cutbacks in State Government are a cause for concern that the DEQ is understaffed and it may be difficult to secure their assistance in helping citizens know for certain what is legal and what is not legal with respect to this parcel of land. There have been and are continuing to be a number of ongoing efforts to contact the DEQ staff and obtain their assistance.

One fact is clear; there is a huge amount of citizen opposition to any development of Turtle Cove. The Duck Lake Association (DLA, with the full support of all DLA board members, is fully engaged in the protection of Turtle Cove. At their meeting Tuesday June 9th, DLA Board members committed to contact the DEQ, make inquires about hiring an attorney, circulate a petition that will be presented to the Township Board and the Township Planning Commission, and continue to inform citizens about all the developments in regard to Turtle Cove.

 

Turtle Swamp

Letter Sent To The Clarence Township Board: (Sent June 2, 2009)

The Duck Lake Association has stepped up its efforts in the last couple of years to be better environmental stewards of our lake. We are preserving the lake for generations to come for the residents of the township, as well as the general public in our state that use Duck Lake as an important recreation area for boating, fishing and hunting. In essence all of us must be better environmental stewards.

Wetlands help regulate water levels within watersheds, improve water quality, reduce flood and storm damages, and provide important fish and wildlife habitat. People now recognize wetlands for what they truly are - vital ecosystems that provide a multitude of ecological functions that are paramount in maintaining quality of life in our world.

Duck Lake Association is looking for current problems at our lake, and our efforts include joining Cooperative Lakes Management Association, conducting regular water sampling, and getting DEQ involvement in monitoring. The association has asked Dan Scripps, a member of the House of Representatives serving on the Great Lakes and Environmental Committee, to assist in maintaining our wetlands. We have also contracted with a firm to do a total lake study that includes mapping out where and what type of weed beds and other conditions there are in our lake, and to better understand what plant and fish life we may have present that could be damaging to our lake.

We now have another issue lingering with the proposed development at the northwest end of the lake, known as Turtle Cove. This area is vital as a home for wildlife, both resident and migratory, and to the overall health of our lake. The wildlife includes turtles, dozens of small bird species, cranes, heron, geese, swans, and several species of ducks. Last year an eagle even graced this end of the lake with its presence. Development of this wetland area would certainly destroy this productive and essential ecosystem which would forever hurt the lake.

We urge the Township Board to be part in maintaining our lake, seriously review the consequences of this development, and make the commitment to serve its taxpaying township residents. Together we can protect this wetland, a vital resource.

Sincerely,

Duck Lake Association

Temp. Mailing address:

5433 Monroe Rd.

Olivet, MI 49076

 

Duck Lake’s Turtle Swamp By Bill Taylor

 (printed in the Springport Signal 05/28/09)

I have been hearing more concern about preserving the portion of Duck Lake known as Turtle Swamp than any other Clarence Township issue in a long time, and interested citizens should plan to attend the Clarence Township Board’s June 8th monthly meeting.

Turtle Swamp has not changed much over the years, and it continues to provide critical habitat for a wide variety of birds, turtles, fish, and other interesting natural things and a tranquil area for canoeists and kayakers. It has remained this way because it is too wet for septic systems and the adjacent landowners have purposely refused to allow the Duck Lake sewer system to reach it across their land.

Alas, a DeWitt developer is asking Clarence Township to run sewer lines to this area through road right-of-ways, and he anticipated approval by cutting all of the trees and marsh grass off of a large portion of the property last winter. This Signal issue includes a photograph that shows the drastic nature of this cutting, and the developer clearly intends to change Turtle Swamp instead of simply constructing a few houses along Monroe Road that have natural marsh views. While I have not seen a site plan, these changes will almost certainly include boardwalks across the marsh and piers and boat anchorages along its swampy "shoreline."

Concerned citizens need to understand that the proposed sewer extension is a discretionary action that Clarence Township is not obligated to approve. Stated differently, neither the property owner who purchased the land as swampland a few years ago nor her developer are legally entitled to receive a sewer extension. One Prairie Lake resident did speak up for an extension at the Board’s January meeting, but his position is dramatically different from the Duck Lake opinion around me, and this individual was also a strong Albion pipeline supporter.

I have heard suggestions to leave Turtle Swamp issues up to DEQ wetland staff, but the DEQ’s regulatory role is fundamentally different from the Township’s responsibility to serve the best overall interests of its residents. Clarence Township could also approve a sewer extension in June that is contingent on receiving a satisfactory site plan later on, but if our Board cannot reject an unpopular plan now it is not likely to do so after the developer has spent major planning money..

Wayne Gay has been proposing that Clarence Township establish a Duck Lake sewer authority to deal with difficult sewer questions like this one for about three years. However, no authority has been established, and Township officials have taken some steps toward a questionable development plan based, possibly, on badgering from vested interests and other unrepresentative individuals.

However, these light steps were taken before the developer disclosed the full nature of his plan with drastic marsh cutting, and the Clarence Township Board has also taken some very positive related actions. These include approving Master Plan and zoning changes that will help protect sensitive natural areas, and ensuring that the current sewer extension proposal is technically sound and would not cost our sewer users money. The Board also unanimously agreed to delay a decision on the proposed Turtle Swamp sewer extension request until its June 8th meeting when it realized the extent of environmental concern about it.

These monthly Township meetings normally only draw a few citizen attendees, and at least two of we "regulars" have to miss the June one. Therefore, it is important that interested people on both sides of the Turtle Swamp issue attend the Clarence Township Board meeting in our township hall at 27052 R Drive North at 7:00 p.m. on Monday June 8th.