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Mt.
Bohemia sewage discharge application to be
re-submitted
LANSING ’Äì A revised application for the Part 31
Groundwater Discharge permit needed by the Mt.
Bohemia ski hill developer for their sewage
treatment facility should reach Michigan Department
of Environmental Quality (MDEQ) officials tomorrow,
Oct. 24, according to UP Engineers and Architects,
Inc.
"We’Äôre working on some changes (and
additional information) ’Ķ that they requested, and
we’Äôre hoping to get it out today in the overnight
mail," said Rick Wuori, UP Engineers and
Architects project manager.
Black Bear Entertainment Adventure and Recreation
Company submitted a Part 31 (of Michigan Public Act
451 of 1994) Groundwater Discharge application dated
Oct. 3, 2000, and a Pump & Haul application
dated Oct. 13, 2000, to the DEQ. After receiving
Black Bear’Äôs Part 31 application on October 9,
2000, DEQ officials returned it for administrative
incompleteness. Aside from a few minor items missing
(One of these was the township’Äôs signature, which
the DEQ said was recommended but not absolutely
necessary for this permit since it is a private, not
a public, system), officials found two major
inadequacies in the application: 1) The applicant
did not provide a copy of the public notice required
by Rule 2217, and 2) they did not attach
certification that they have identified and
considered steps to avoid or minimize the use and
discharge of pollutants required by Rule
2217(2) (c ).
The Public
Notice appeared on Oct. 17, 2000, in the Daily
Mining Gazette, and will most likely be included
in the revised application scheduled to be completed
today.
While Wuori did not wish to discuss the changes
and additions being made to the Part 31 application,
the "steps to avoid or minimize the use and
discharge of pollutants" could mean, for
example, that the applicant must attach to the
application a description of measures they
investigated to avoid or minimize the use and
discharge of pollutants.
Jim Mihelcic, Michigan Tech associate professor
of civil and environmental engineering, explained
this does not have to be an in-depth analysis.
"The DEQ wants to ensure that the applicant
considered measures to minimize discharge (this
could be flow or mass of potential
contaminants)," Mihelcic said. "For
example, Crosswinds (Black Bear) already considered
other treatment options over the past year (Remember
the initial proposal for a septic
system). Also, they could state that they have
plans to install low flow shower heads or low flush
toilets in their facilities that would minimize the
water flow into the treatment system."
In an Oct. 20, 2000, letter, DEQ Waste Management
Division Geologist Randy Conroy of the Marquette
office informed Black Bear President Lonie
Glieberman that, in addition to the required
administrative information, a preliminary DEQ
technical review of the proposal revealed other
deficiencies:
- The spray irrigation area dimensions have not
been identified.
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This
wetland is located near the site of
the proposed lagoon sewage treatment
facility for the Mt. Bohemia ski
hill. DEQ officials say the revised
Part 31 Groundwater Discharge
application will have to address
clarification on isolation distance
from discharge boundaries to
wetlands. |
- The lateral isolation distance from the
lagoons and spray irrigation boundaries to
surface water has not been adequately identified
to determine whether a Soils and Sedi-
mentation
permit is needed for construction of the
treatment system. Conroy said he asked for
clarification on isolation distance to wetlands
near the lagoon site.
- Soil descriptions and water table information
have not been submitted for the northern portion
of the spray irrigation area.
- Water table depths, date of measurement and
surveyed ground elevations utilized to develop
the groundwater contour map have not been
provided.
- An Irrigation Management Plan (describing how
the proposal meets the land treatment
requirements of Rules 2233 and 2234) has not
been submitted.
Conroy said he mentioned the technical review
findings as "a courtesy" to the developer.
His letter also noted that baseline and annual soil
analyses procedures required by Rule 2233(4) should
be discussed with soil scientist staff of the Waste
Management Division and that an operation and
maintenance manual (O&M) for the treatment
facility, as prescribed by Rule 2230(e), will be
required as a condition of a DEQ authorization to
discharge and must be submitted a minimum of 30 days
prior to first use of the treatment system.
During the 20-day comment period for the Part 31
application, anyone may request a public meeting or
a public hearing. A public hearing has to be public
noticed for 30 days, but a public meeting normally
takes a two-week period to schedule.
Scott Ross, chief of the DEQ Waste Management
Division Groundwater Permits Unit in Lansing, said
the department usually encourages a public meeting
where people can have their questions answered
"when they’Äôre asked" rather than a
hearing where officials "just take comments (on
tape) and address them later."
"The comments that we receive are going to
hold weight no matter what form they’Äôre in,"
Ross said, "(but they) have to relate to
environmental issues (based on the rules and
laws)."
Ross said DEQ permits all say the applicant has
to conform to all federal, state and local laws, but
the permitting process does not include enforcement
of local laws such as zoning.
"That’Äôs up to the local unit of
government," Ross said.
Wuori said Black Bear and UP Engineers were still
trying to work out with the DEQ a date for a public
meeting. Conroy said the meeting would have to be
scheduled after the Nov. 7 referendum on zoning
changes. He noted he was aware of the zoning issue
but did not want the meeting to be a debate about
that controversy, which is not part of the
decision-making process on the permits. He noted the
20-day comment period begins when the application is
received, and the hearing or meeting would not be
scheduled until the 20-day comment period is over.
Added Conroy, "If I can also draft a Pump
& Haul permit, that would have a 30-day public
comment period from the time we public notice
it."
The Pump & Haul application lists the North
Houghton County Water & Sewage Authority in
Calumet Township as the municipal wastewater
treatment plant location. An Oct. 5, 2000, letter
from Paul Lehto, NHCWSA Chairman, states that the
NHCWSA "will accept pump and haul sewage
originating from the Mt. Bohemia ski site for
treatment at our site in Calumet not to exceed sixty
thousand (60,000) gallons per week, contingent upon
approval by Michigan Department of Environmental
Quality."
The letter adds, "The agreed upon rate shall
be $4.50 per thousand gallons."
Ross said the two permits are two totally
separate processes, but interested persons can write
comments about both permits beginning at any time.
They don’Äôt have to wait for a public notice.
"Normally people who make proposals will
send in their application six months before they
plan to begin the project," Ross said. "It’Äôs
a matter of timing so they’Äôll know they’Äôll have
their permits in place when they want to start
operation."
He noted Black Bear’Äôs timing "isn’Äôt very
good."
Ross added, "We don’Äôt want to be the
source of delay. We’Äôll respond to their
applications once they’Äôre received."
Noted Conroy, "We made comments (to Black
Bear) several months ago that the permitting takes
time and perhaps they should think about opening in
the 2001-2002 winter season."
Recent inter-office communication between Ross
and other MDEQ officials in Lansing suggests that
the agency has had some doubts about issuing a
temporary Pump& Haul permit to Black Bear this
year. Since a Pump & Haul permit requires
beginning construction on the lagoon system applied
for under Part 31 and also requires a 30-day comment
period, time is running out for the issuance of a
permit before the scheduled early- or mid-December
opening date for the Mt. Bohemia ski hill.
Both Ross and Conroy said they understand
"beginning construction on the lagoon
system" to mean, at least, awarding bids for
the project and beginning some construction, which
could mean tree removal.
Said Ross, "They’Äôd have to have an
agreement with a contractor to do the whole
project."
On October 11, 2000, Lonnie Lee, chief of the DEQ
Waste Management Division Groundwater Program
Section in Lansing addressed a memo to Jim Sygo, DEQ
Waste Management Division chief (with copies to
other officials, including Ross, Conroy and Rob
Schmeling, Marquette District Supervisor for DEQ
Waste Management).
Lee wrote: "I agree with Scott (Ross), at
this point it would not be possible to accommodate
their proposal with a Pump & Haul Permit, or the
2216 (discharge) permit they have requested.
However, this should not be a major issue for them
to overcome. This project boils down to a trial to
determine if they can make a go at it as a ski
resort. We discussed this with Rob (Schmeling) and
Randy earlier, and we concluded that they could
probably get through the winter with porta potties.
Apparently they can haul them in on Tractor Trailers
with heated units. It actually seems like a
reasonable option for them until they determine if
the business they are proposing will fly."
However, Conroy said he doubted Black Bear would
go for porta potties. These would not be under DEQ
Waste Management Division jurisdiction, but under
the health department, possibly overseen by the DEQ
Drinking Water and Radiological Protection Division.
Glieberman was not available for comment on the
porta potties at the time of this writing.
Said Conroy, "I’Äôm just pressing ahead ’Ķ
I’Äôm concerned with satisfying the
regulations."
Anyone who wishes to comment on the applications
or to request a public meeting or hearing on them
may write to:
Groundwater Permit Section
Waste Management Division
MDEQ
PO Box 30241
Lansing, Michigan 48909
Telephone: (517) 373-8148
Fax: (517) 373-4794
- Michele Anderson
October 23, 2000
Editor’Äôs Note: The Part 31 Groundwater
Discharge application that was received by the DEQ
on Oct. 9 and returned to Black Bear is now
available on the Keweenaw
Liberty Library. Click on Black
Bear Entertainment, and then on Part 31 Discharge
Permit (Oct. 5).
- Michele Anderson
October 25, 2000
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