Living Word Bible Corporation and 

Itasca County Zoning

 

 

 

EIS decision pending:

 

The decision to determine if an Environmental Impact Statement (EIS) is necessary for the proposed Commercial Planned Unit Development by Living Word Bible Corporation in Kocemba Bay will be made by the Itasca County Board on February 23 at 3:00 at a regular public meeting and will be broadcast on ICTV.  This is not a public hearing.

 

According to Minnesota Rules 4410.2000 “An EIS shall be prepared: when the Responsible Governmental Unit (RGU), the Itasca County Board, determines that, based on the Environmental Assessment Worksheet (EAW) and any comments or additional information received during the EAW comment period, the proposed project has the potential for significant environmental effects”

 

The Legal Question: 

“Does this proposal, in this place, in this time, have the potential for significant environmental effects?”

 

There is a high number of significant questions, issues and concerns left unanswered with the proposed commercial project and will require the level of analysis that comes with an EIS. The primary purpose of the EAW is to determine if an Environmental Impact Statement (EIS) is needed, not to accomplish the technical study itself.  The EAW and public comment clearly demonstrates that there is potential for significant environmental effects.

 

The EAW process revealed a great deal of new information and produced an overwhelming scientific and technical response:

 

 

1. Paul D. Stolen, Regional Environmental Assessment Ecologist, MN DNR retired 

 

“Based on my review of the project, the large size of this tract adjacent to a very sensitive lake area, and on my experience, I believe an Environmental Impact Statement on this project is justified in order to achieve the purposes of Minnesota law. “

 

“There are indications that project site wetlands contain very healthy and large stands of white cedar. In my experience, such stands are found in groundwater discharge zones. Such zones can be affected by landscaping and earth-moving on slopes above such discharge areas. Such a feature is not described in the EAW.”

 

“Deer Lake and the shoreline and adjacent upland (253-280 acres) constitute a large landscape area with eminently valuable natural resource features that are sensitive to lakeshore development and boat traffic. The shallow bays in the area are important to the lake as a whole, not just a portion of it.”

 

“the EAW does a poor job of describing the project, which makes it difficult to understand the types of impact that can occur. In addition, impacts within and adjacent to the 253 acre site are also poorly described and are generic in nature.”

 

“under the law, the evidence is that this proposal needs to be examined in a greater context than the apparently simple and small eight-acre “bible camp” portrayed in the current version of the proposal that appears in the EAW under review.”

 

“Reference to mitigation measures in the EAW are mostly to possible measures rather than assured mitigation of adverse effects.”

 

“Based on my knowledge of similar projects, the large project area containing and adjacent to sensitive and important natural resources, the contents of this Report, the contents of the 11/17/2009 letter to County Board, and my knowledge of MEQB decision rules as to when to conduct an EIS, I feel an EIS is necessary for this project.”

 

2.  John R. Jones, Ph. D., Professor or Limnology, University of Missouri, Columbia

     John A. Downing, Ph. D., Professor of Limnology, Iowa State University 

 

“We feel that the level of risk to Deer Lake is substantial enough that a complete EIS is needed to evaluate the plan for this potentially high-density development.”

 

“Over the past 40 years, the science of limnology has clearly established that lakes are sensitive to phosphorus inputs, with oligotrophic lakes being most at risk. Large, deep lakes are not immune to being degraded by increased phosphorus inputs.”

 

“Because Deer Lake and low-nutrient, oligotrophic lakes like it undergo visible and costly changes after very tiny increases in phosphorus, we urge the County exercise due diligence to assure the long-term and sustainable use of Itasca Counties unique waters.”

 

“Once watershed changes are in place and phosphorus loading increases it is difficult or impossible to reverse the process by non-point source control. Avoiding lake water quality problems is remarkably simple – all that is required is to regulate lakeshore and watershed development to moderate levels (Itasca County has such a plan) and avoid high-density development.”

 

“We agree with the statement by Dindorf that ‘oligotrophic lakes are sensitive to nutrient inputs’ and ‘small increases in nutrients can shift a lake into mesotrophic’ status.”

 

3.  Richard Axler, Senior Research and Graduate Faculty in Water Resources, Natural Resources Research Institute, University of Minnesota-Duluth 

 

“Although much information is included in the Living Word Bible Camp EAW and its Appendices, I believe it has not demonstrated that the project would not create adverse and long term impacts to the aquatic ecology of Deer Lake. My understanding is that the purpose of an EAW is to determine if an Environmental Impact Statement (EIS) is needed. In my professional opinion, the EAW lacks sufficient technical detail and assurances to address the many complex potential impacts posed by a large commercial lakeshore development of this kind.  

 

Because of the high and unique value of Deer Lake, its sensitivity to development, the economic and environmental costs of degraded lake condition, and the intensive nature and unanswered questions associated with the proposed project, an EIS is needed.” 

 

“And these types of lakes, Deer Lake included, would be the most difficult to restore if degraded because of their long nutrient “memory”.  Decades of scientific research has demonstrated how sensitive these types of lakes are, how very unexpected and negative impacts can also result (i.e. invasive species and food web changes), how expensive remediation and restoration are after-the-fact, and how unsuccessful over the scale of decades these restorations have been.”

 

“Appendix G – ISTS (Septic System)  Conclusion:  Inadequate; a detailed site specific EIS is needed that includes a wastewater management plan and final engineering designs based on protecting the nearshore and open waters of Deer lake.”

 

“Appendix E – Hydrological Summary (L.Leichty)  Conclusion: Inadequate; a detailed, site specific EIS is needed that includes an enforceable Stormwater Pollution Prevention Plan (SWPPP)”

 

 

 

4.  Mary Blickenderfer, Ph. D. Extension Associate Professor, University of Minnesota Extension 

 

“The aquatic plant community in Kocemba Bay is extremely unique in its plant composition and sensitivity to anthropogenic damage.”

 

“There is potential for significant environmental effects should the plant/algae community in Kocemba Bay be damaged by direct (watercraft) or indirect (stormwater run-off or other changes in local hydrology on adjacent land) development or activities proposed by LWBC in the EAW.”

 

“Note that damage to this unique and sensitive plant community is likely ecologically irreparable, since there are, to date, no restoration protocols for this plant community. Therefore, further study is also needed to determine the specific impacts on Kocemba Bay of the proposed development and related activities.”

 

 

5.  Harold E. Dziuk, D.V.M., Ph. D. 

 

“These sensitive areas are in close proximity to the proposed commercial PUD. Weighing the sizes of buildings, activities planned and projected number of visitors outlined in the EAW, it is concluded that there is a potential for significant environmental effects on the fragile environment in Kocemba Bay. Impairment of water quality and fish and wildlife habitat may be an irreversible change and may be too costly to correct.”

 

“The EAW provides reviewers with information not previously available. Potential harmful environmental impacts that surface upon review of the EAW need to be evaluated further. An EIS could provide for an examination of specific issues that are identified. An EIS is recommended.”

 

 

6.  Dennis W. Anderson MNDNR Regional Fisheries Manager, RETIRED 

 

“That said, with or without a better document, there is clearly significant environmental risk.”

 

“The environmental risk caused by additional phosphorous has not been adequately addressed.”

 

“This sensitive, shallow water area is adjacent to the project shoreline.  The sheer force of the number of people as large groups come and go throughout the season needs to be addressed.”

 

“Muskie fisheries of this quality are not found in many places, certainly not in Minnesota.”

 

“The muskie population under consideration is a native (no records to refute the status of "native"), self-sustaining, very high quality fishery.”

 

“I also believe that there is significant risk to the aquatic environment, especially to the heritage muskie population, deep-water fish populations and the shallow water habitats.”

 

7.  Cinthia Hagley, Extension Professor, Minnesota Sea Grant  

 

“It is my professional opinion that an EIS is very clearly warranted in this case for a number of reasons, all of which come down to a few basic points.”

 

“Calculations of imperviousness contained in consultant reports are misleading, and in my opinion, flawed.”

 

“Trail shortcuts, erosion, downed trees, vegetation destruction, aquatic plant bed destruction and other impacts do happen. In terms of cumulative impacts, an EIS will allow a better estimation of the cumulative effects of this much traffic and use, particularly given the loss of a significant number of mature trees and their potential to slow runoff through uptake and transpiration, stabilize soils, retain habitat, etc.”

 

“Clearly documented in the literature and in much research conducted by the MN DNR, is the impact of hatchery fish on the robustness of wild spawning populations of fish. This, in itself, is to me enough reason to require an EIS.”

 

“Deer Lake has been prized for its trophy muskie fishery for decades, and a documented spawning location could well be harmed by the intensity of use proposed by LWBC. It could be a result of any number of factors:

• simply being “loved” to death by 150 campers, 
• having increased surface water flow into a groundwater-based system (on the land they have available and with the vaguaries of their plans for stormwater management, I do not believe the EAW tells us enough to be certain that they can manage all stormwater on site), 
• having it turn out that they are wrong when they state that nutrients from the development, prior uses, or soil disturbance from use won’t impact nutrients in the nearshore zone, 
• having it turn out that the 25 parking spaces aren’t enough, causing people to park on “pervious” areas, quickly compacting them to impervious surfaces,
• lack of proper maintenance of the proposed sediment basins, 
• having nutrients, sediment, physical disturbance, or substrate disturbance impact the Chara or bulrush to the degree that spawning habitat is lessened in quality or extent”
• Having stormwater flow into wetlands or disturbance along their perimeters reduce their function and value…….

 

8.  Donald P. Le Win, M.D 

 

“To date, much of the data offered for review and decision making is either incomplete, erroneous or in some cases totally missing.”

 

“It is only with the more detailed EIS type of study that adequate data can be obtained so that sound decisions can then be made with respect to how best to mitigate against these challenges and protect the environment.  In brief, we need additional data; data that is complete, and correct in every way so that well informed decisions and solutions can be offered.  Without further study of sound data, there is potential for significant environmental effects, and we and generations to follow will suffer the consequences of those effects.”

 

“Further, reports from recognized experts underline the facts that this is an unusually clear and sensitive lake; that the proposed site is situated in an extremely sensitive environmental area; that the site is a contaminated site from 40-50 years of serving as a mink farm; that once a lake has been environmentally degraded, it can never be fully restored;”

 

9. Mary L. Spratt, Ph. D., Professor of Biology, William Woods University, Fulton, Missouri 

 

“Traffic through and around these important “nurseries”, even by paddling of non-motorized vehicles including canoes, kayaks and paddleboats, will disturb the water plants, churn up the fragile marl bottom, decrease the available oxygen level, and disturb the eggs and fry.”

 

“It would be important to further study the proposed development area to understand the impact building and unlimited commercial populations would have upon this prime nesting area.”  

 

“This bay was cited as a sensitive bay for wildlife by Perry Loegering, DNR Area Wildlife Manager for Grand Rapids Area, and recommended for more protective zoning by Itasca County.  Further study by this agency as well should be conducted.”

 

“Studies to determine the effect of a substantial increase in visitors brought about by this commercial development should be carried out.”

 

“Swamps, bogs, coniferous and deciduous areas, as well as meadows, each have their own species of warblers and other song birds that inhabit them.  These include the indigo bunting, northern parula warbler, northern yellowthroat, song sparrow, orioles, rose-breasted grosbeak, pileated woodpecker, ovenbird among others.  Further study is needed to determine which species will be impacted and how to mitigate those impacts.”

 

“Most of these larger land mammals which also play an important role in the natural web of life are wary of humans, and will leave if there is too much human activity and noise.  I recommend further study in this area to determine impact and how to lessen loss of rare or fragile populations.”

 

“The consequent loss of forest due to commercial development of this area is likely to affect the fragile amphibians and reptiles of the area.  ***  Further study is needed.”

 

“Further study is needed to identify these orchids and unusual plants in order to ensure their proper protection.”

 

“The high, year-round projected usage of this site will pour large amounts of waste material into drainage from septic fields that ultimately will reach the lake, wherever on the property the septic fields are located. As stated by the Minnesota Planning commission, “---lakes with moderate development will retain their clarity whereas lakes with Planned Unit Developments will be degraded by excess nutrients”

 

 

“Water greatly magnifies sound. There will be a much higher level of noise from increased road traffic, motorboats, and groups of 30 campers continuously taking trips to nearby islands, swimming, having campfires, and general camp activity of at least 150 overnight guests in addition to staff.  *** Lack of activity and noise is absolutely critical for loons, woodduck and other waterfowl’s nesting and brooding success. Further study is desperately needed to determine the effects of noise, not only on the wildlife, but on other people on the lake.”

 

“The level of sound that is likely to be produced, how far it would be carried, the effect it would have upon families, and other impacts need to be determined.” 

 

“I believe it is crucial to study further the impact on Deer Lake of the proposed development of Living Word Bible Camp. This project has potential for significant environmental effects.  Further study is needed to determine the full extent of impacts and what would mitigate or remedy those effects.”

 

10.  James Peters, Esq., Peters and Peters PLC “

 

The EAW for the Project discusses a number of significant impacts, and defers analysis of those impacts to further study at the permitting stage. The EAW assumes that several potentially significant impacts will be addressed at the stage of the Conditional Use Permit or other later stages, and therefore does not discuss the significance or actual extent of the impacts in any detail. The County Board should order an EIS so that these impacts can be understood up front.”

 

“there have been several situations in which the Minnesota project proponents have later blamed the agency that approved their projects or issued their permits for not doing an adequate review up-front, causing them to incur substantial costs later.”

 

“EIS likely will result in finding unanticipated impacts of the Project that can be addressed up-front through project design.”

 

“Review by Independent Consultants. The EAW is prepared by consultants that are effectively proponents for the project. An EIS would allow for a more detailed review by consultants that are independent of the project, therefore allowing for a more objective analysis of the possible impacts of the Project and ways to address them.”

 

11.  James F Walsh, Hydrogeologist, Environmental Health Division, MN Department of Health 

 

“The well that is proposed (Minnesota Unique Well Number 582787) was not previously used as a public water supply well.  As a result, it is subject to the requirements specified in Minnesota Rules, part 472; 5.5825, subpart 6, regarding the conversion to public usage.  In addition, because the annular space of Well 582787 was not grouted over the entire length of the well casing, as is currently required for all public water supply wells, conversion of this well to public use will require a variance from the Well Management Section at the Minnesota Department of Health. The variance procedure will likely require a site inspection and water quality analysis, at a minimum, and the outcome cannot be guaranteed.”

 

12. Kris Larson, Executive Director, Minnesota Land Trust 

 

“Because the proposed development shares a boundary with the conservation easement that we hold, the Land Trust has a vested conservation interest in the outcome of the Living Word Bible Corporation property. We have not yet had the opportunity to review the plan to determine the full extent of impact to our interest and the remainder of the property, nor have we had the opportunity to meet with Living Word to discuss the plan. In general we support a thorough environmental review as the property contains significant natural and conservation features. We feel that additional environmental information will benefit all involved and will lead to a responsible outcome. We will be meeting with Living Word in the coming weeks to discuss their proposal with them as it relates to our conservation interest in the property. In the meantime, we support the pursuit of an expanded Environmental Impact Statement.”

 

 

13. Craig Engwall, Northeast Regional Director, Department of Natural Resources

 

“In general, more details are necessary to understand if there are potentially significant environment effects from this proposal.”  

 

“There is a large body of literature on the direct and indirect effects of recreation on wildlife.  Often, and in many circumstances, the disturbance effects on nesting birds are indirect and insidious.  Recreation, even away from the nest, could have severe negative consequences. “  

 

“The Balsam/Deer islands Wildlife Management Area (WMA) is a group of islands on Deer and Balsam lakes.  *** The area has restricted access at certain times of the year.  Deer Lake’s shallow waters including these island areas are concentrated with loons, herons, and passerines.”

 

“The common loon, many species of waterfowl, heron, bittern, and rails have their peak nesting activity in May through early July.  This is also the peak time for visitors and recreational activities at the camp.  Other rare species may exist near this area; however their existence is unknown since this area has not been surveyed.”

 

“Minimal increases in phosphorus concentrations can be detrimental to oligotrophic lakes like Deer, causing negative shifts in water clarity as well as reducing hypolimnetic oxygen.”  

 

“It will be necessary to know the anticipated phosphorus loading to assess the impact and identify the need for additional mitigation or remediation to avoid impacts.  In addition, it would be appropriate to highlight surface water runoff effects to the adjacent bay.” 

 

“The muskie population in Deer Lake is one of approximately 40 statewide that is naturally reproducing and self-sustaining.”  

 

“The response to Question 9 states ‘there are no potential environmental hazards die to past site uses.’ The issue of mink/fox farm manure was briefly addressed in the EAW.  In the absence of soil testing to determine the phosphorus, nitrate, pesticide, and other residual effects of the fur farm, statements regarding its impact are not known.”