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Fishing Below Bond Falls


Upper Peninsula
Public Access Coalition

 

About Us

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.

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