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Upper Peninsula
Public Access Coalition is not a membership organization. Instead
we are a "coalition" of concerned citizens and/or groups
and local government officials. We are homemakers, foresters,
loggers, builders, businessmen and women, tax consultants, authors,
lawyers, snowmobilers, ATV riders, fishermen, hunters, birdwatchers,
wildlife trackers, students, teachers, doctors, professionals,
laborers, retirees, city and county employees, Republicans, Democrats
and Independents. The common thread that connects us all is our
enjoyment and concern for the lakes, streams, rivers and woodlands
in Michigan's Upper Peninsula.
Our mission
is to educate others about the proposed development of UPPCO
project and non-project lands at six reservoirs: Bond Flowage,
Victoria, Prickett, Cataract, Boney Falls and AuTrain.
We believe
it is critical that all citizens be allowed the opportunity to
participate at each level of the process involving these public
waterways. An understanding of the Federal Energy Regulatory
Commission license process and history is part of moving forward
in dealing with these new proposals for development of non-project
lands as well as the uses proposed on the project lands surrounding
these reservoirs. This extensive development was never considered
during the relicensing process and must be considered now.
We recently
became aware of a FERC document "Guidance for a Shoreline
Planning at Hydropower Projects" (available on our website
homepage). UPPCO has a responsibility to ensure that shoreline
development activities that occur within project boundaries are
consistent with license requirements. A Shoreline Management
Plan (SMP) is intended to bring together all interested parties
for open discussion. A SMP is "a comprehensive plan to manage
the multiple resources and uses of the project's shorelines in
a manner that is consistent with license requirements and project
purposes and addresses the needs of the public." As stakeholders,
we believe a SMP is appropriate for each of the flowages. We
also seek a new comprehensive environmental impact study to determine
the effects these developments will have on our natural resources.
We hope you
find our website informative and educational.

Family Camping at Bond Falls Flowage - 1986 |

Swimming at Bond Falls Flowage - 1987 |
Historical
Timeline
2000
US Forest Service, US Fish and Wildlife Service, Michigan Department
of Natural Resources, Keweenaw Bay Indian Community, Michigan
Hydro-Relicensing Coalition signed a Settlement Agreement with
UPPCO/WPS for the Bond Falls Project.
2001
Draft Environmental Impact Study was compiled giving agencies
and the public the opportunity to comment on the renewal of the
license for UPPCO/WPS to operate the hydro-electric dams, using
public waterways for profit. In it, UPPCO indicated they had
no plans to develop the lands surrounding the reservoirs.
March
2002
UPPCO/WPS issued a news release stating they were considering
optional uses for more than 15,000 acres of land. They stated
"We'll also consult with area residents and other interested
parties before we make any decisions on the direction we will
take." It was mentioned that these lands "could be
sold to agencies keeping it relatively undeveloped or that some
parcels could be sold to private interests, depending on what
is best for the Upper Peninsula, area residents, and the company."
2003
Federal Energy Regulatory Commission (FERC) incorporated nearly
all the agencies' provisions/recommendations, as well as public
comments, and granted the renewal of the license to UPPCO/WPS.
There was no disclosure by UPPCO/WPS in any of these documents
to sell the lands surrounding Bond or Victoria Flowages to a
land developer.
March
2005
UPPCO/WPS issued a news release stating they offered to withdraw
a rate increase "if the Michigan Public Service Commission
(MPSC) would grant requested regulatory treatment of the gains
expected to result from the proposed sale of certain UPPCO lands."
The release further stated "In December 2004, UPPCO filed
with the MPSC indicating it was exploring the sale of these lands
to governmental agencies, conservation groups, and private investors."
Mid-December
2005
UPPCO/WPS informed the agencies of their planned sale of 7300
acres of non-project lands around six flowages in the Upper Peninsula.
They also disclosed through their draft Non-exclusive license
agreement they planned to grant to Naterra Land conveyances within
the project lands for private docks, footpaths, stairways, cutting
of dead/diseased trees, road construction and would ban public
fishing within 100 ft of these private docks.
December
27, 2005
Rumors circulating of an impending sale of land were confirmed.
Calls to FERC revealed they had received calls from agencies
and alarmed members of the public but had not received any notification
from UPPCO/WPS about the land sales nor the proposed conveyances
for non-project uses of project lands.
Last
week of December 2005
UPPCO/WPS sold land to Naterra Land Developer, including 960
acres at Bond Flowage, 150 acres at Boney Falls and 250 Acres
at Cataract Basin. The purchase price is contained in a sealed
affidavit, not available to the public. UPPCO/WPS did not seek
any citizen input as they had stated they would in their 2002
press release.
January
5, 2006
Each of the agencies that were initially involved with the development
of the Environmental Impact Study sent strongly worded letters
to FERC outlining their concerns with many of the impacts to
the project lands, citing that many proposed uses would not be
consistent with the FERC license. (Read the Michigan DNR letter
at the Interactive Message/Forum). As word spread, citizens wanted
to know what could be done, thus Upper Peninsula Public Access
Coalition (UPPAC) was formed. (Within three months more than
1000 people had responded to this cause.)
January
9 & 26, 2006
FERC issued letters to UPPCO/WPS directing them to develop a
"comprehensive public participation process" and asked
UPPCO/WPS to provide information about the proposed non-project
uses of project lands and warned them not to issue any permits
for non-project uses of project lands without submitting their
plans to FERC in advance for at least a 60 day review.
January
2006
UPPCO/WPS prepared another draft non-exclusive license agreement
that removed the fishing ban near the docks. However, the conveyances
for private lighted docks, private pathways, the cutting of dead
trees, and cutting of vegetation 2 inch in diameter at the five-foot
level remained.
January
25, 2006
Upper
Peninsula Public Access Coalition activated our new website.
February
2, 2006
In accordance with FERC's directive, UPPCO held an "informational"
meeting in Ewen, Michigan. The public was not permitted to speak
at the meeting. Questions were submitted in writing, with a few
read at the meeting and partially answered. Some of the questions
were posted to UPPCO's website but the majority of questions
remain unanswered.
February
24, 2006
UPPCO/WPS responded to FERC's letter of January 26, 2006 now
agreeing that they will not issue permits for non-project use
of project lands without prior FERC authorization. However, UPPCO
only partially responded to the questions asked by FERC. For
example UPPCO mentions consultation with "interested resource
agencies, local and state governments and FERC" but leaves
out any mention of input from the public and other interested
stakeholders. In response to FERC's request for copies of existing
polices used to issue docks, UPPCO stated none existed. Yet,
there are private landowners with land abutting project lands
at Bond. None has ever been allowed docks or private walkways.
FERC asked for a description of how UPPCO intended to ensure
compliance with the standard use articles. UPPCO stated they
were "unable to answer this question at this time."
March
23, 2006
Michigan DNR with the support of the other agencies submitted
a letter to FERC stating the Shoreline Management Plan (SMP)
is a "comprehensive plan to manage the multiple resources
and uses of the project's shorelines in a manner that is consistent
with license requirements and project purposes, and addresses
the needs of the public. Of importance, the SMP planning process
provides specific guidance on stakeholder involvement, a need
that that public is vehemently demanding." The letter further
states "To resolve our concerns, we ask that FERC urge UPPCO
to follow the SMP guidance to provide adequate protection to
environmental, recreational, and public interests."
May 2,
2006
UPPCO/WPS held a public information meeting in Trout Creek, MI
where they stated they would complete a Shoreline Management
Plan for each of the six flowages. UPPCO/WPS indicated they would
respond to all questions on their website, however many remain
either unanswered or partially answered.
At the same
meeting, UPPCO/WPS revealed their plans for the consolidated
campgrounds at Bond Flowage, this included 15-18 docks to accommodate
58 camp sites.
May 13,
2006
UPPAC submitted a letter to FERC stating our position about the
Bond Flowage campground consolidation
May 23
& 25, 2006
UPPCO/WPS held the first focus group meetings, one for the eastern
U.P. flowages and one for the western U.P. flowages. The participants
were selected by UPPCO and include mostly local government officials
and economic development interests. While FERC has indicated
a Shoreline Management Plan generally takes 1-2 years to complete,
UPPCO believes it can be done within six months. |