Residents say Mt. Bohemia sewage treatment calls for DEQ monitoring MOHAWK ’Äì While Michigan Department of Environmental Quality Waste Management Division officials say they expect to issue permits to Black Bear Entertainment, Adventure & Recreation Company for the proposed wastewater treatment facility at Mt. Bohemia in the near future, some local residents still have concerns about the impact of the system on the environment and the willingness of DEQ officials to monitor those impacts. Department of Environmental Quality officials listen to residents’Äô concerns about the proposed permits for the Mt. Bohemia sewage treatment system at a public hearing Jan. 24 in the Mohawk School. Seated at the table are Brian Brady, left, multi-media coordinator, and Randy Conroy, senior district geologist in the Waste Management Division. Margie Ring, senior engineer in Waste Management, is at far right (in red). DEQ officials from the Marquette office ’Äì Randy Conroy, senior district geologist in the Waste Management Division, and Brian Brady, multi-media coordinator ’Äì addressed on Wednesday, Jan. 24, an audience of about 45 gathered in the Mohawk School for a public hearing on the proposed Part 31 Groundwater Discharge Permit and Pump & Haul Permit for Black Bear, Inc. John Sullivan ’Äì professional engineer and principal of U.P. Engineers and Architects, Inc., designers of the sewer and lagoon treatment system for Black Bear ’Äì presented a description of the system, pointing out its location on a map of the Lac La Belle and Mt. Bohemia area. John Sullivan, professional engineer and principal of U.P. Engineers & Architects, Inc., points out the location of the holding tank for the Mt. Bohemia sewer system, near the proposed lodge site. Sullivan explained the proposed lagoon and land application system during a public hearing on the DEQ Groundwater Discharge and Pump & Haul permits Jan. 24 in the Mohawk School. "We’Äôre pretty much following (for the sewer forcemain) old logging roads to the lagoon site, which is about a mile northwest of the lodge site (where yurts are now)," Sullivan said. The sewage is pumped from the 35,000 gal. holding tank in the lodge area (about 1,000 feet from Lac La Belle lake) through that sewer line more than a mile uphill to the two lagoons, which are 200 feet from the Lac La Belle Road, Sullivan said.  From the forcemain the wastewater can be directed to either lagoon. When one lagoon is full, it is moved to the second one. After storage of at least three to four months, the partially treated wastewater is sprayed through 70 spray arms over two acres at a time, he explained. The spray area is about 800 feet from the road. He explained the spray irrigation discharge system and its rotation over 10 acres. The spraying will be over a diameter of 60 feet for 5 hours a day, for two days in each two-acre plot. Thus, 42,000 gallons of treated wastewater will be sprayed onto the land from May 1 until Oct. 15, Sullivan added. "Spraying only takes place during favorable weather conditions," he said. Sullivan noted phosphorus will be removed by adding alum to the holding tank. Nitrogen removal is expected to be at 40 lb/acre/year so as not to exceed the DEQ limit of 5 mg/l per year going into the groundwater, which, he said, is 12 feet below the surface of the ground. (However, U.P. Engineers’Äô Irrigation Management Plan states that the anticipated nitrogen removal by the proposed crop(s) is 40-80 lbs/acre/year.) "A certified, DEQ-licensed operator will be in responsible charge of the wastewater collection and treatment system," Sullivan said. "Testing of the treated wastewater will be required and will be done, and reports will be filed with the DEQ. Odors will not be a problem from this type of system. The spray ’Äì aerosol ’Äì will not be a problem ’Ķ There will be no overland flow of the treated wastewater into the Montreal River." The proposed Part 31 permit would allow Mt. Bohemia Ski Hill developer Black Bear, Inc., to discharge 40,000 gallons of wastewater a day, or 7 million gallons per year, to the environment according the provisions of Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), being Sections 324.3101 through 324.3119 of the Compiled Laws of Michigan and the Administrative Rules (Part 21 and Part 22) promulgated under that law. Conroy said some of those rules have been revised recently to promote enhanced treatment of wastewater. "The Part 22 groundwater quality rules were revised in August, 1999, to clearly define the technical requirements of treatment and monitoring and to update groundwater standards," Conroy explained. "Certain categories of discharge in the groundwater quality rules were developed to promote enhanced treatment. Rule 2216, subrule 3 ’Äì as proposed for the wastewater treatment facility at Mt. Bohemia ’Äì is one of the enhanced treatment categories," he added. "The Department has determined that enhanced treatment methods afford greater protection of public health and the environment and thus allow less stringent environmental monitoring." However, environmental monitoring by the DEQ was the subject of several comments made during both the formal hearing and the informal discussion that followed. Public comments indicated residents still have concerns about the proposed sewage lagoon system and spray irrigation discharge possibly impacting the water quality of Lac La Belle, wetlands near the lagoons or streams leading into the nearby Montreal River. However, DEQ officials seemed to concur with U.P. Engineers & Architects, Inc., designers of the system, that neither the lagoons nor the spray irrigation would pollute these surface waters. Brady, who conducted the hearing, said, "The basic issue and the only issue here this evening is whether or not the Department of Environmental Quality’Äôs proposed restrictions are adequate to protect the waters of the state." Draft copies of the proposed permits, along with a handout summarizing questions and responses on the Black Bear applications, were available at the hearing. Brady and Conroy listened to public comments and questions, writing them down during the formal part of the hearing and answering them as much as possible during an informal session afterwards. Brady said DEQ Waste Management would also accept written comments after the hearing. Those received by Jan. 31, 2001 ’Äì the end of the public comment period ’Äì will become part of the hearing record, he said. Said Conroy, "The Department’Äôs preliminary findings on this application for a lagoon and land application treatment is that it meets or exceeds Rule 2216, subparagraph 3, requirements; and upon completion of the public comment period and our environmental review, we anticipate issuing a Groundwater Discharge authority." Sandra Harting, center, president of AWAKE (Association Working Against Keweenaw Exploitation) prepares notes for her presentation to DEQ officials at the Jan. 24 public hearing in the Mohawk School on the proposed permits for the Mt. Bohemia sewage treatment system. Paul Campbell of Lac La Belle, left, and Vern Simula, right, chair of the Lake Superior Alliance, also expressed their concerns during the hearing. After the hearing some residents and representatives of local community planning organizations and environmental groups, who had expressed their concerns at the hearing, said they were not totally satisfied with responses given by the officials and by U.P. Engineers and Architects. "As both Randy Conroy and U.P. Engineers answered questions, their statements were speculative," said Vern Simula, chair of the Lake Superior Alliance. "They didn’Äôt give me the assurance that their treatment plan proposals were grounded in good engineering data and experience. Their statements were prefaced by ’ÄòI think it’Äôll work this way’Äô or ’ÄòIt should work this way,’Äô but no guarantees; and yet the state environmental laws say that the DEQ needs to provide assurances that the waters and the environment will be protected." Simula raised several questions during the hearing, including the fact that the plans and specifications for the system do not include back-up systems or emergency response measures in the event of sewer line rupture or pump failure. Rupture could result in the discharge of raw sewage, and could result in eventual discharge into Lac La Belle. Pump failure, he noted, could occur as a result of mechanical breakdown, clogging of the system or loss of electrical power. After the public hearing in the Mohawk School, Margie Ring, DEQ senior engineer in Waste Management, and Rick Wuori, project manager for U.P. Engineers and Architects, Inc., discuss the water supply line that serves the base facilities at the Mt. Bohemia Ski Hill. DEQ senior engineer Margie Ring, who was present at the hearing, said the plans and specs have been revised at her request. "A revised set (of plans and specs) was submitted last Friday (Jan. 19), and I have it under review," Ring said. "They moved the sewer line (away from the road). I asked for more detail in their construction quality assurance plan." In response to a concern about the safety of the lagoon liner, expressed by Bud Avery of Gratiot Lake, Ring said it is made of material meant, theoretically, to prevent leakage. The liner, she explained, has a Geo-Composite Liner (GCL) ’Äì a layer of bentonite (a type of absorbent clay) held in place by two woven geotextile membranes under the liner so if there happens to be a puncture of the liner the bentonite swells up and seals any leak. Simula also raised a question about ownership indicated on the Part 31 application form. "Item 12 of the ’ÄòGeneral Information’Äô part of the Permit Application refers to the ’ÄòOwnership of Treatment System and Disposal Area,’Äô" he said. "The question which follows asks: ’ÄòAre all parts of the treatment system and discharge areas ’Ķ located on property owned by the applicant?’Äô The item is marked ’Äòyes.’Äô" He said a recent inquiry to the Tax Equalization Office at the Keweenaw County Courthouse revealed that this property is currently owned by Lake Superior Land Co. The problem, he said, is that the permit application as it stands leaves ambiguity as to who would be responsible should a malfunction or an incident of environmental damage occur. Moreover, he added, this area is now designated as Commercial Forest (CFR). The Commercial Forest Act states, "Listed land shall not be used or obligated for any commercial purpose other than production of forest products and shall not be managed in a manner detrimental to the growth and development of those products." Black Bear’Äôs attorney Frank Ellias said the developer is now negotiating a contract for the purchase of the 60 acres of the treatment system and discharge area and he expected the closing on the property to be soon. It would then be removed from CFR, he added. "One of the issues," Ellias said, "is that we want to make certain that we’Äôre going to be able to use and need this property for the sewage treatment." Said Simula, "The purchase of the 60 acres and removal (of that parcel) from CFR should be completed before the permit is given." Two representatives of AWAKE (the Association Working Against Keweenaw Exploitation) raised questions about how often the DEQ would monitor the proposed system. Janet Avery of Gratiot Lake, asked Conroy and Brady how often the DEQ would come to monitor the system and said she wasn’Äôt surprised by their answer ’Äì once a year. "It’Äôs too infrequent," she said. "I understand they don’Äôt have time. I understand they don’Äôt have enough people. I am actually very sympathetic toward middle management of the DEQ." Said Brady, "Don’Äôt just depend on the Department. We depend on citizens ’Ķ to let us know what’Äôs going on." Janet Avery’Äôs reaction to that statement was, "It shouldn’Äôt be the people who are not trained who have to do the discovery and take it to the DEQ ’Ķ The people should be on an equal footing with big business as far as the DEQ permitting is concerned. I feel the people of Lac La Belle have every right to have the same facts that are available to big business and the DEQ." Sandra Harting, president of AWAKE, said the DEQ should do baseline monitoring of both Lac La Belle and the Montreal River before the sewer goes in and more monitoring after the system is in operation so that any changes in water quality can be determined. On this map of the Mt. Bohemia area, the red line marks the forcemain, or sewer pipeline, that will carry the sewage from the pump station (lower right) uphill about a mile to the sewage treatment lagoons and spray irrigation location (upper left). Just moving the forcemain away from the Lac La Belle Road is not a guarantee that Lac La Belle would be protected from pollution should the system develop a crack, she said. Noting she visited the area during snow melt last March, Harting explained that any water flowing down or alongside the logging road near the proposed force main goes into the ditch alongside the Lac La Belle Road. "The two (roads) come together right where they’Äôre going to put the lodge," she said. "That slope is certainly steep enough that any leakage of sewage would go towards Lac La Belle ’Ķ There are torrents of water that come down that slope in the spring, even in a low-snow year." Harting said she had the same concern about possible pollution of the Montreal River because, although the plan is to spray the treated sewage on upland, there are wetlands on both sides of the spray area. "The first good rain is going to wash those wetlands," she said. "It seems to me that there is a nice, clean path for the flow of sewage components into the Montreal ’Ķ especially during any heavy precipitation ’Äì rainstorm or snow melt." Harting noted just stopping the spraying during a rainstorm would not guarantee the rain wouldn’Äôt still have an effect on movement of the sewage into the wetlands and the river. "After a big rainfall or snow melt, they (DEQ officials) need to be up here to sample the surface water," she said. Harting added she wasn’Äôt satisfied with the DEQ’Äôs response to her concern about E.coli or viruses that could be carried by the spray via wind or rain to humans. Fecal coliform bacteria would not die off when stored in the lagoon in winter because in cold temperatures, although bacteria do not grow, they do not die, she said. Another concern of Harting’Äôs was the extent of the developer’Äôs plans for lodging units, described in the permit application as 50 cabins. "We have yet to see the actual blueprints ’Ķ of the so-called lodging units," she said. "Two-bedroom? Four-bedroom? Six-bedroom? We don’Äôt know. Therefore it’Äôs very hard to assess whether the system is going to be of sufficient size or whether it’Äôs going to be added onto in the future." Harting said she wondered if Black Bear had plans to expand the lodging units and then apply for another Part 31 permit for sewage treatment, thus avoiding a larger, community treatment facility. "Would they have two smaller systems subject to less regulation as opposed to one larger one subject to more regulation and public oversight (county or township involvement)?" Harting asked. She said she thought Brady and Conroy either failed to understand her question or didn’Äôt answer it adequately. Anita Campbell, chair of the Grant Township Land Use Study Committee, expressed concern at the discrepancies in the time schedule for the spray irrigation. The permit application and the IMP say it is to be from May 15 to November 15; Sullivan reported during the hearing the dates of May 1 to October 15; and the DEQ’Äôs informational handout reported they were recommending stopping the spraying in mid-September since the northern hardwoods cease nutrient uptake by that time. Conroy’Äôs answer was that this point was under negotiation. Campbell said she was also concerned about what changes would be made to the wetlands near the facility. Ken Korhorn said the DEQ answers at least assured him that this permit was only for the lodge and the 50 cabins and any additional development would require another permit. He said he was not satisfied completely with DEQ responses to his question on what is the most common problem encountered with this type of design for sewage treatment. Conroy reported a plan for spray irrigation at Torch Lake was cancelled because of clogged nozzles, but he didn’Äôt expect that to be a problem with this system since the wastewater would be taken from the lagoons toward the surface to avoid any sludge from the bottom getting into the spray system. Korhorn said he did not speak at the hearing in his capacity as Grant Township Supervisor but as a resident of Lac La Belle. He added he was pleased at the turnout for the hearing. "It seemed to me the DEQ were responsive to the questions we asked (and) seemed to be wanting to do the right thing," Korhorn said. Concerning the Montreal River, he said, "You kind of have to exercise a degree of faith ’Ķ but I guess I’Äôd feel a little more comfortable if they said that there would be testing of the Montreal downstream from the facility." Conroy said during the informal session that he would perhaps consult with Steve Casey of the DEQ Surface Water Quality Division in Marquette concerning a baseline study of the water quality in the Montreal River. ’Äì Michele Anderson January 26, 2001 Editor's Note: Anyone wishing to send written comments on these proposed permits can write to: Michigan Department of Environmental Quality, Waste Management Division, Groundwater Program Section, P.O. Box 30241, Lansing, Michigan 48909.  Comments received by Jan. 31, 2001, will be considered part of the public hearing record.  Readers are also welcome to post (unofficial) comments on our Keweenaw Commentary Open Discussion.  The draft permits for Black Bear and the Irrigation Management Plan (IMP) are now available on the Keweenaw Liberty Library. Click on What's New.