Summer Newsletter

                     

Upper Hay Lake Association P.O. Box 769 Pequot Lakes, Minnesota 56472 

Summer Newsletter July 2019 Page

Greetings From Your President! Claire Steen 

Upper Hay Lake had a fantastic 4th of July celebration! Thanks to all of you who participated in our third boat parade. We counted twenty-three entries. I was impressed with the festive decorations and wonderful holiday spirit. A special thanks to Cindy Rieck who led our parade through all parts of Upper Hay Lake. 

A special thanks also goes out to Neil Beaverson and Ken Meyer. With their prompt action, we were able to have a porta potty installed at the boat landing by Memorial weekend. While kayaking, I stopped and talked to the inspector, Sam. She reported that people have appreciated having the porta potty there and so far, there have been no problems. Sam reported that she sees an average of 25-30 boats a day on the weekend. By the way, if you are at the landing and see Sam, be sure to thank her for working on our lake. We are fortunate to be able to have state funds that fund the inspection of boats. 

Have you made plans to attend the annual potluck picnic at Hay Lake Lodge? The picnic will be on Saturday, August 3 at noon. If we get rained out; it will be held on the following Saturday, August 10. The picnic is a fun way to get to know your neighbors. Hot dogs, brats, and burgers along with water and coffee will be provided. Bring your favorite dish to share. 

Upper Hay Lake Association has a vacancy on the board to be filled. We had someone interested who had a change of plans and is not moving to our lake now. Please let me know if you are interested in serving at Claire.steen@charter.net. Our next board meeting is on Wednesday July 24th at 10:00 AM. If you have ideas or concerns, contact one of the board members or me so that we can include these on our agenda. Remember that any resident on the lake is welcome to attend. 

I am thrilled that we have one baby loon who has survived, so far. Be sure to remind your guests or renters to be careful to give our loons space while boating. The amazing part is that this baby was hatched “in the wild”. 

Enjoy your summer on Upper Hay Lake! 

Higher Boat Fees/State Grants Whitey Larson 

As watermilfoil, starry stonewart and other invasive species continue their incursion into our state lakes, the state has resumed a popular grant program to help local lake associations fight back. 

The DNR began collecting an increased fee in July on boat registrations…the first increase or a special surcharge for invasive species management in more than 20 years. The increase is $5.60 per boat and is expected to raise $900,000 in the next two years. The bulk of that money will go to lake associations, cities and counties to help pay for lake testing, chemical spraying and inspectors to monitor public boat launches. 

The grants will have to be matched by homeowners or lake associations. 

Lawmakers stopped funding the grants two years ago during a period of state budget cuts, causing home and cabin owners on lakeshores across the state to either cut back their efforts or pay more out of pocket. Property owners argued that those costs should be shared by all MN boaters who use the lakes – and – as well as share the responsibility for deterring the spread of invasives which do latch onto boats and trailers. 

DNR officials hope to start issuing grants by the end of the summer, although the majority of the money raised won’t be used until next year – said Heidi Wolf, DNR invasive species unit supervisor. It’s good to see the state starting to issue money again to fight invasive species in our lakes. 

Annual PICNIC HAY LAKE LODGE Saturday, August 3rd Lunch starting at Noon 

Environmental Stewardship Today, for Tomorrow 

Summer Newsletter July 2019 Page

Fox Invasion Bruce Ohland 

This summer we have seen something I have not seen since we started coming to Upper Hay in 1947: FOX!! Oh, we would see one now and then, but lately it’s a daily event. In fact, we have been watching them for almost a month now. Our first sighting was in early June. We saw 5 pups (sometimes referred to as “kits”) in our back yard romping around like puppies. They were chasing each other and rolling over each other; it was hilarious. Even more funny was mom. She was just sitting on her backside in the neighbor’s yard watching all the commotion. We could not help “reading her mind”. “Oh my gosh! PLEASE wear yourselves out and GO TO SLEEP! I am exhausted!” Of course, one of the young had to go jump all over her. And, like any mom, even though she was exhausted, let the little guy have fun. Turned out they LIVE in our yard. They have tunneled under our shed and that’s “home”; OK, “den”. Little did we know then, but later learned that they also have a “lakeside” estate. They also den under our beach house. Not only that but they have tunneled under our neighbor’s house! I heard that Ken Meyer also had a family of fox under one of his sheds. Seems they have “moved in” on Upper Hay. I have noticed that the rabbits are not chewing on our Hostas this year. Hmmmmm; wonder if that’s just a coincidence? Perhaps not. 

One night we heard a very strange howling sound. It was not a rabbit in distress; I know that sound. I wondered if it could be the fox. So I searched on line and found recorded fox sounds and it was a warning cry that the female will give warning the young of danger. Go to https://www.youtube.com/watch?v=J6NuhlibHsM and listen to all the different sounds. Could be that a coyote was in the area. So with all the sightings, I thought I’d just write up a “primer” on the Minnesota Red Fox for the newsletter. 

I got the following from an article published by the Minnesota Department of Natural Resources: The red fox is common across Minnesota, even in the Twin Cities and suburbs. This reddish-colored animal is a cousin to the dog. Foxes live in ground dens or brush piles and are particularly active at night. In general, fox are carnivores but In actuality, it is an opportunist that eats rats and mice, rabbits, ground squirrels, birds, snakes, fish, insects, berries nuts, and seeds. A fox will often hide uneaten food under litter or bury it in a hole to be eaten later. 

The adult averages about 15 to 16” tall at the shoulders and 3 feet in length with a tail that runs about 13” long and is white at the tip. Its legs are black and resemble socks. The can weigh anywhere from about 8 lbs to 15 lbs. They bark much like a dog and will scream when alarmed. 

Red foxes mate in February, and 52 days later 5 to 10 young (called pups) are born. The pups nurse for 10 weeks and are fully independent at seven months. Foxes reproduce at age one. 

They often den up in woodchuck or badger holes, but are not adverse to living under buildings such as those owned by the Ohlands, Meyers, and Verkes! Dens are usually found in dense woods. Most dens are quite deep- -up to 40 feet. (Length..not vertically.) The den, however, is little more than a nursery because fox prefer to sleep in the open, even during winter. They compete for space with coyotes, which as I mentioned earlier will kill fox. 

The red fox is the most common predator in the state. Hunters and trappers harvest up to 100,000 each year, but the fox population remains strong. A disease called sarcoptic mange sometimes kills thousands of red foxes. 

They are also very fast. They can run up to about 30 miles per hour and leap 15 feet in a single bound. So don’t be surprised if you experience more fox sightings this year. 

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More on Enbridge Pipeline 3 Bruce Ohland 

The following is from a group entitled “Friends of the Headwaters”. It is very informative as to where we stand with the proposed Enbridge Line 3 pipeline. This company is proposing to replace a worn out pipeline with a new one. Sounds like a good idea. The BAD news 

Summer Newsletter July 2019 Page

is that they propose to run it just north of our watershed! IF a break in the line should occur, as they have in the past, the environmental destruction would be colossal and could have a huge impact on our watershed. 

“Friends of the Headwaters is a local citizen’s group organized for the purpose of protecting our precious resources: Itasca State Park, the Mississippi River, our clean lakes and trout streams, the aquifer for our drinking water, our forests and wildlife from the potentially devastating impacts that will occur if the Enbridge Line 3 pipeline is constructed on the currently proposed route in Hubbard, Clearwater, Cass, Aitkin and Carlton Counties.” 

What is the Line 3 Pipeline? At a cost of $7.5 billion, Line 3 is the largest project in Enbridge’s history, and would be one of the largest crude oil pipelines in the continent, carrying up to 760,000 barrels of toxic, Alberta tar sand oil PER DAY. Enbridge calls this project a “replacement” because they already have a Line 3 pipeline in their mainline corridor, which transects Northern Minnesota with 6 pipelines in it. But don’t be fooled – this is a new pipeline. The new pipe would be larger (36” instead of 34”), carry nearly twice the volume of oil, and establish an entirely new corridor through Northern Minnesota. That is NOT a replacement. This route is the same one Enbridge had earlier proposed for the “Sandpiper”, a 30″ pipeline that would carry 375,000 barrels of crude oil per day from the Bakken oil fields of North Dakota across Minnesota, through Hubbard County to Superior Wisconsin. This route jeopardizes Minnesota’s natural resources. Check the map on the “friendsoftheheadwaters.org” website to clearly see how Enbridge’s proposed route traverses our best quality lakes, rivers and wetlands. 

The risks posed by Enbridge’s proposed route are many: – This pipeline route crosses the clearest lakes area in MN based on the Census of Water Clarity (U of MN Water Resources Center). – This pipeline route crosses an area with the highest susceptibility for groundwater contamination impacting drinking water aquifers (MPCA map). – The pipeline route crosses the wild rice lakes area. According to the DNR, MN supplies 50% of the worlds hand-picked rice annually. – The pipeline route crosses wetlands critical to waterfowl and other wildlife (DNR). – The proposed route would cross 8 state forests (including the Mississippi Headwaters SF), 3 wildlife management areas, 13 trout streams (including the Straight River), as well as the North Country Trail. 

– Line 3 would cross the Mississippi River twice in Minnesota. This river is a valuable source of drinking water for many cities on its 2,552-mile journey to the Gulf of Mexico, including Minneapolis and St Paul. 3.8 million gallons of water flow from Lake Itasca into the headwaters every day. 

A few more facts: – The corridor will be covered with snow and ice for the long winter season. The Poplar pipeline spill (31,000 gallons) in the Yellowstone River in January of 2015 caused drinking water problems in Glendive, Montana. Clean up had to be postponed until spring. Imagine the effects of a similar spill in our Mississippi. – PER DAY, this pipeline will carry 760,000 barrels of Alberta tar sand oil, also called “dilbit”, the industry name for diluted bitumen – also known as “Cold Lake Blend”. Don’t be fooled. It’s still tar sands oil. That’s almost 32,000,000 gallons/day through our headwaters. – Enbridge’s pipeline spill of 850,000 gallons of tar sands oil in Michigan in 2010 polluted nearly 35 miles of the Kalamazoo River and has become one of the costliest spills ($1.2 Billion) in US history. – The National Academy of Sciences Report on Diluted Bitumen (Tar Sands Oil) final finding is “diluted bitumen is virtually impossible to clean out of a water-based environment”. WHY? BECAUSE IT SINKS! – In a successful lawsuit. FOH forced the State to execute the first Environmental Impact Study (EIS) on a major oil pipeline in Minnesota history. 

The following is a timeline for those seeking clarity about significant legal or procedural turning points on Sandpiper/Line 3 : 

Enbridge applied for the Sandpiper in the fall of 2013. In January 2014, the all-volunteer group FOH organized to intervene in the pipeline approval process. By the summer of 2014 we realized that our educational sessions and meetings with landowners could be futile unless pipeline opposition had more access to the approval process, more opportunities for public input. A place at the table. 

*On June 27, 2014, FOH filed a motion for oral arguments on alternate routes for Sandpiper to PUC. The PUC granted our motion in July, an atypical response for the PUC. 

*In August of 2014 FOH wangled an opportunity to present our maps to the PUC during these atypical oral 

Summer Newsletter July 2019 Page

arguments— resulting in an additional comment period on the Sandpiper, supportive commentary from the MPCA and DNR, and in September, the PUC’s bifurcation decision. 

*In December 2014, FOH went to the Court of Appeals for an EIS. In September of 2015 the MN Court of Appeals ruled unanimously in our favor. (Upheld by MN Supreme Court in December of 2015.) 

*In August of 2016, after spending the spring of 2016 in the scoping process required by the EIS, Enbridge and Marathon placed the Sandpiper on indefinite hiatus– citing “unprecedented” procedural delays. 

*In September of 2017 independent experts hired by the DOC declared that a new pipeline was not needed. Recommending that the old Line 3 be mothballed, they concluded that no new pipeline capacity is needed to ensure “future adequacy, reliability and efficiency of energy supply.” 

*In March of 2018 the PUC declared the EIS “adequate.” 

*In April of 2018 the Administrative Law Judge recommended Line 3 (if needed) be routed in the current Line 3 corridor. 

*In June of 2018 the PUC approved the certificate of need for Line 3 in Enbridge’s proposed route. 

* In August of 2018 FOH appealed to the Minnesota Court of Appeals this faulty decision by the PUC based on an inadequate EIS. Click here to read the entire brief. The following are the key points: THE LINE 3 FINAL ENVIRONMENTAL IMPACT STATEMENT DOES NOT MEET THE REQUIREMENTS OF THE MINNESOTA ENVIRONMENTAL POLICY ACT (MEPA) BECAUSE IT DOES NOT ASSESS POTENTIAL SITE-SPECIFIC IMPACTS FROM A MAJOR PIPELINE OIL SPILL. THE FEIS DEFINES THE “PURPOSE AND NEED” OF THE PROJECT FAR TOO NARROWLY, AND AS A RESULT, THE RANGE OF ALTERNATIVES EVALUATED DOES NOT MEET THE STATUTORY STANDARD. THE FEIS’S ANALYSIS OF “CUMULATIVE IMPACTS” OR “CUMULATIVE EFFECTS” IMPROPERLY DID NOT INCLUDE REASONABLY FORESEEABLE FUTURE PIPELINE PROJECTS THAT MIGHT RESULT FROM APPROVAL OF THIS PROJECT. 

THE FEIS FAILED TO MAKE ANY USEFUL ASSESSMENT OF THE POTENTIAL EFFECT OF THE LINE 3 PROJECT ON GREENHOUSE GAS EMISSIONS. THE LINE 3 ENVIRONMENTAL REVIEW PROCESS HAS BEEN FRAUGHT WITH “DANGER SIGNALS” THAT STRONGLY INDICATE THE PUC DID NOT TAKE THE REQUIRED “HARD LOOK” AT THE ENVIRONMENTAL CONSEQUENCES OF THIS PROJECT. 

* In December of 2018 FOH appealed to the Minnesota Court of Appeals to review the decision by the PUC to grant the Certificate of Need for Line 3. FOH contends the PUC decision was contrary to law, not supported by the evidence, and arbitrary and capricious. Click here to read the entire brief. 

To review all significant dates/decisions regarding these pipeline’s procedural histories, click here

FOH has not given up. We are battling to keep this oil in the ground and out of Minnesota’s clean water. 

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From Your Treasurer Ken Meyer 

As of this writing we have 81 paid memberships and I have just sent out notices to 22. I usually get a good response to my delinquency letter as most members simply forgot that they haven’t paid. Our 2019 dues collected to date is $1,915 with an additional $1,299.94 in extra donations. With $750.00 in Thrivent donations we have a total of $3,964.94 in receipts (not counting permit fees). 

It was announced at the annual meeting that the DNR will only be dealing directly with the individual aquatic vegetation permitees, so the Lake Association will no longer be involved in the permitting process. However, I will still be available to assist anyone who needs help. 

I was hoping to include some pictures of the Fourth of July Boat Parade in this issue, but Jean Ford did such a terrific job in taking photos I couldn’t begin to do justice to it. Please go to the following link to see the wonderful job Jean did: https://photos.app.goo.gl/hbzqpC2AqFB7rV6C9 

You can also see her pictures of the baby loons at: https://photos.app.goo.gl/Gxs3fGGMVSuHNcek7 

Upper Hay Lake Association P.O. Box 769 Pequot Lakes, Minnesota 56472 

Summer Newsletter July 2019 Page

Upper Hay Lake Association Board of Directors 2019/2020 

Term Ends 

Beaverson, Neil 417 Bear Ave. S. 651-429-6672 nmbeaverson@comcast.net 2020 

Vadnais Heights, MN 55127 

Larson, Whitey 33061 W Shady Beach Ln 218-568-5831 whiteylar@me.com 2022 

Marshall, Jan 4309 Acorn Lane 218-568-4738 jhmarshall40@gmail.com 2021 Secretary 763-486-5484 Cell 

Meyer, Ken 4345 Acorn Lane 218-568-5414 kenmeyer@tds.net 2021 Treasurer 218-820-7683 Cell 

Murphy, Judy 33424 S. Oak Drive 218-330-1890 Cell jamurphy61.jm@gmail.com 2020 Vice-President 

Perwien, Mickey 33546 N. Oak Drive 612-386-4858 Cell mperwien@gmail.com 2022 

Steen, Claire 33161 Osprey Circle 218-330-7059 Cell claire.steen@charter.net 2021 President 29 Kingwood Street 

Brainerd, MN 56401 218-829-3757 

Swandal, Craig 16305 8th Ave. N. 612-791-9318 cswandal55@gmail.com 2020 

Plymouth, MN 55447 

OPEN 2022 

Note: Unless listed otherwise, all addresses are Pequot Lakes, MN 56472 

Environmental Stewardship Today, for Tomorrow