Category: Uncategorized

Commissioners’ Overview

We request our elected representatives stop the poison applications in Crystal Lake immediately and encourage public discussion and community consensus about EWM.

We understand that County Commissioners may not be empowered to directly determine what happens on Crystal Lake, but if the commissioners decisively withdrew support for using poisons, the poison would surely stop. Also, the commissioners could schedule public meetings to consider options. Anne and I would certainly help publicize those meetings, as we assume would CLWA.

There are two reasons why we are making this request.

1) Lack of community outreach and consensus on the use of poison.

The lack of community outreach and consensus regarding the use of poison in the shared waters of Crystal Lake during the summer of 2020, 2021 and 2022.

2) CLWA's current poison only protocol is ineffective and dangerous.

CLWA's current poison only protocol for removing EWM is not only ineffective but will likely exacerbate the EWM problem, while degrading human health. Poison alone doesn't reflect MI EGLE's recommendations, doesn't take into account the lessons learned by other lakes with longer EWM histories and exposes residents and visitors (children) to danger.

www.benzie.blue www.crystallake.community
Dan Kelly water@crystallake.community OR friends@love.farm 231 882-0460
Anne Rogers anne-e-rogers@outlook.com 231 387-3176

Lack of outreach and consensus

The lack of community outreach and consensus regarding the use of poison in the shared waters of Crystal Lake during the summer of 2020, 2021 and 2022.

• CLWA has done the bare minimum to inform the public, (posting a notice in the BRP a week before application), and has made no effort to involve and engage critics of their plans.
We can have no expectations of outreach and consensus building because CLWA is a non-governmental organization, 501c(3) with paid memberships. The electorate of Benzie County doesn't determine who's on CLWA's board or what their policies are. We never voted to allow them to determine Crystal Lake's future.

• Anne and Dan met with about 8 members of CLWA's board in 2020 via zoom and 3 members face to face in 2021. Although CLWA expressed interest in ongoing dialogue, we received no follow up contact and our suggestions for encouraging public dialogue were disregarded.

On Jun 6, 2021, at 11:22 PM, Danny Kelly <anything@artisthouse.com> wrote:

Hey Dave!

Thanks for your patience, took us a little longer to hash this out.

Anne and I have discussed the Saturday meeting. We can agree to two applications of herbicide this summer if CLWA's "wait and see" approach is replaced with a comprehensive long term strategy (5 years) to insure that the proposed 2021 herbicide applications are the only applications ever needed. We can provide volunteer and fundraising support to help accomplish this outcome. Ideally, herbicide applications at Beulah beach only and DASH operations everywhere else, eg public boat launches. Whether or not CLWA's board passes a resolution clarifying the organization's perspective on herbicides and EWM, let's figure out if a DASH component is possible for the other locations - budget and scheduling. I'd be happy to assist with outreach to DASH contractors.

I've included a publication from New Hampshire's Toxic Action Center that Anne found. NH lakes and ponds have been dealing with EWM for a decade longer than Micihgan has. She suggests checking out the case studies on pages 9-12. I suggest the warnings about herbicides on page 4 and then from page 20 on.

<CHEMICAL-FREE-LAKES.pdf>

Here is a draft resolution that CLWA's board can consider and perhaps adopt. We can certainly hash this out further, Crystal Lake Community is by no means trying to dictate policy to the CLWA, but rather offer another perspective that might fit into a broader interpretation of CLWA's mission. In my opinion, adoption would significantly expand CLWA’s support.

Let's discuss on the phone or in person,

Dan Kelly
231 882-0460

Draft resolution for CLWA

•••

We recognize that herbicides have detrimental effects for wild ecosystems and human health. Some of the health hazards of herbicides are known and others are only suspected. Poisons once deemed "safe" such as DDT and glyphosate (Roundup) have proved to be highly problematic, contrary to the claims of manufacturers and even government regulators. Use of herbicides is recognized as a tradeoff - possible human health risks, possible hybridization of EWM in exchange for immediate die back of current EWM infestation.

Because of the risks to health, herbicides are not appropriate as a long term (multi-year) control strategy. Other techniques such as DASH (diver assisted suction harvesting) will be added to CLWA's 2021 EWM control plan, with the goal of implementing effective, sustainable, chemical-free ongoing management of EWM starting in 2022. Volunteer divers will accompany professional crews in 2021 and report back about the feasibility of building / purchasing a DASH boat for Crystal Lake and training of divers and operators to insure DASH is cost effective going forward.

Herbicide applications by private riparians could have many undesirable outcomes, and might open those riparians up to legal liability. The CLWA herbicide strategy has been thoroughly researched, will involve professionals and special equipment and includes before and after monitoring following scientific principles and full transparency. The CLWA plan is preferable to ad hoc herbicide applications by individual riparians, especially when followed up by DASH in 2022.

A significant factor adding to the problem on Beulah beach is effluent from Cold Creek. Any long term EWM solution will involve a initiating a collaborative effort by all municipalities and residents of those municipalities within the watershed to help the Village of Beulah permanently remediate this legacy problem.

CLWA is committed to creating comprehensive awareness and consent from all landowners within the Crystal Lake watershed for future proposed remediation plans for Crystal Lake. Comprehensive awareness is defined as having 75% of land owners within the watershed (statistical sample) being familiar with remediation plans, samples being gathered through direct mailings, phone calls and possibly door to door interviews.

•••

On Jun 23, 2021, at 9:16 AM, Dan Kelly <friends@love.farm> wrote:

Hi Dave,

The day after Anne and I met with you, Bruce and Jim, I emailed discussion points for a new CLWA resolution that would establish a long term plan for managing EWM in Crystal Lake. You had expressed a desire to collaborate and keep communications open. I was surprised when you did not respond, even after I repeatedly reached out.

The resolution that the CLWA passed seems to be a rehash of the past, to whit no specific plan to transition from herbicide to non-chemical long term EWM maintenance. Without a long term plan, the CLWA could end up applying herbicides indefinitely, until EWM is no longer manageable with herbicides or health concerns trigger a public outcry. We want a long term solution to EWM management, not a quick fix that hides the hidden cost in human and environmental health.

Regrettably, without a long-term plan it looks like the resources that I and others are willing to contribute will be used to pay for legal expenses rather than collaborative, science based outcomes.

Dan Kelly
www.CrystalLake.community

• The riparians that we've talked to around Crystal Lake (40-50) during 2020 and 2021 had no idea that the treatments were happening or had happened. How many commissioners were aware that herbicides were being used before our contact last week?

• CLWA seems to take a cavalier attitude to the dangers posed by aquatic herbicides, brushing off research that doesn't conform to their interpretation of the science. Triclopyr, 2,4-D, ProcellaCOR EC

2,4-D

Notice in Benzie Record Patriot “2,4-D Restrictions: swimming or bathing: 1 day”

http://npic.orst.edu/factsheets/24Dgen.html

2,4-D goes through different changes in the environment depending on its form. Most of the time, 2,4-D breaks down in soil so that half of the original amount is gone in 1-14 days. This breakdown time is called the "half-life" of the pesticide. One form of 2,4-D, the butoxyethyl ester, had a much longer half-life in aquatic sediment of 186 days.

[While swimming, kids and adults might dive down to the lake bottom and grab a handful of sand. If that area was treated with the butoxyethyl ester 2,4-D application, then for 6 months after application, that swimmer would be child would be exposed to a concentrated 2,4-D plume. If June, that means the danger would be present for the entire summer.]

2,4-D is broken down by bacteria in water and in soil. Water alone can also break down 2,4-D. 2,4-D has been found at low levels in shallow groundwater and streams in both rural and urban areas.

https://www.nrdc.org/stories/24-d-most-dangerous-pesticide-youve-never-heard March 15, 2016

Researchers have observed apparent links between exposure to 2,4-D and non-Hodgkin's lymphoma (a blood cancer) and sarcoma (a soft-tissue cancer). But both of these can be caused by a number of chemicals, including dioxin, which was frequently mixed into formulations of 2,4-D until the mid-1990s. Nevertheless, in 2015, the International Agency for Research on Cancer declared 2,4-D a possible human carcinogen, based on evidence that it damages human cells and, in a number of studies, caused cancer in laboratory animals.

More conclusive is the proof that 2,4-D falls into a class of compounds called endocrine-disrupting chemicals, compounds that mimic or inhibit the body's hormones. Laboratory studies suggest that 2,4-D can impede the normal action of estrogen, androgen, and most conclusively, thyroid hormones. Dozens of epidemiological, animal, and laboratory studies have shown a link between 2,4-D and thyroid disorders. "That's really important when we're thinking about development," says Kristi Pullen, a staff scientist in NRDC's Health program. "Our thyroid works to ensure the proper timing and development of the brain."

https://www.seagrant.wisc.edu/news/treating-lakes-for-eurasian-watermilfoil-with-herbicides-can-harm-young-fish/ October 14, 2021

During his doctoral studies, Dehnert found that exposure to concentrations of 2,4-D similar to those allowed during application to lakes significantly decreased survival in fathead minnow larvae and also other young fish species such as walleye, yellow perch, largemouth bass, northern pike, white crappies and white suckers.
“We saw an increase in about 20 to 35% mortality of the young fish when exposed to 2,4-D,” Dehnert said. “But we kept getting this big question: We know what happens in the laboratory, but what happens in the real world?”

• CLWA's “call for more information” number belongs to the poison contractor. Was that contractor tasked by CLWA to count the number of calls, how many callers objected to the use of poison, or the reasons for their objections? If they were not, why not?

What is the company procedure for receiving calls regarding herbicides in Crystal Lake?
How many calls have you received?
How many objections to herbicide use?
What were the reason(s) for the objections?
Amount of chemicals used in 2021?
Amount of chemicals proposed for use in 2022?
What form of aquatic 2,4D? Butoxyethyl ester?
What spray adjuvant is used with ProcellaCOR EC?

CLWA's current poison only protocol is ineffective and dangerous.

• According to MTT DASH Divers Mike Smith, Michigan's department of Energy, Great Lakes and Energy recommends one herbicide treatment followed by DASH. CLWA has done 2 herbicide treatments and has announced two more. They have not scheduled DASH and unless our community buys and staffs a DASH boat, DASH is not available until late summer of 2023.

https://vimeo.com/manage/videos/724535533

• CLWA's “wait and see” strategy is not a long term plan. We have repeatedly requested that CLWA develop and share a long term plan for managing EWM without poisons. Repeated poison application can cause EWM to hybridize and become resistant to poison. Meanwhile, the poisons are degrading the environment and human health.

• Fertilizer use is a significant contributor to EWM, yet CLWA doesn't seem to have any programs, media to discourage use of fertilizers by lake shore residents.

• Examples of other Lakes

Higgins Lake
Since 2012, Higgins Lake has had their own DASH boat and paid crew, financed by the Higgins Lake Foundation, a non profit, much like CLWA. Higgins Lake has had an EWM issue since the late 90s, much longer than Crystal Lake. Why hasn't CLWA followed the effective strategy of Higgins Lake

https://www.higginslake-foundation.org/eurasian-milfoil/

Lake Leelanau
Lake Leelanau has had more success with benthic barriers (large underwater burlap tarps) than DASH. There is no mention of herbicides in their 2021 field report.

https://lakeleelanau.org/wp-content/uploads/2022/02/LLLA-2021-EWM-Field-Report-1.pdf

https://lakeleelanau.org/invasive-species/

Unfortunately, it is virtually impossible to completely eradicate the species once it is established. As a result, regular maintenance must be done once an infestation has been reduced to affordably controlled levels. Well-trained divers with proper techniques have been able to effectively control and then maintain many lakes, especially in the Adirondack Park in northern New York where chemicals, mechanical harvesters, and other disruptive and largely unsuccessful management techniques are banned. After only three years of hand-harvesting in Saranac Lake, the program was able to reduce the amount harvested from more than 18 tons to just 800 pounds per year.

Similarly, chemical control has been deployed where infestations are severe, but hand harvesting appears to be the more cost-effective and successful strategy with fewer potential side effects for the ecosystem.
To summarize, the most successful means of control appears to be hand harvesting, which requires using trained divers to dig up the plants by their roots." The plants are then fed by the divers into an underwater suction tube, drawing the plant out of the water and into a boat. The plants are collected in mesh bags, then composted or sent to a landfill.

1) People (citizens) should have authority over changes that effect them. What happens to our water happens to us.

representative democracy

2) People can have no authority (democracy) if they are not aware / informed about changes that might effect them

outreach with surveys, public forums, phone banks, interviews

3) Organizations should not act unilaterally to effect major changes to our shared resources, regardless of their good intentions or their interpretation of science, especially if they do not have the legitimacy of an electoral process.

electoral legitimacy, specific plans submitted for review and approval, regular updates, results and review

4) Opinions differ whether chemicals added to the water cause long or short term hazards. Should there be an open forum on this topic so that different opinions can be considered and the democratic process facilitated?

presentations, debate, consensus

5) Herbicides that were declared safe by corporations and regulators has been found to cause harm to humans and the environment. Round Up is still on the shelves in our community in spite of $10 billion out of court settlement.

more data and studies about these chemicals

6) Options for removal of milfoil (or any change that effects the community) are evaluated by benefits and impacts with consideration and inclusion of diverse perspectives

DASH, hand pulling, benthic barriers, herbicides, prevention (a robust program to discourage fertilizer and poisons use by lake shore property owners, lawns converted to meadows, etc.)

Uncategorized

letter to BRP 08-11-21

Here are two letters to the Benzie Record Patriot in plain text for local archive, with links to the letters at the BRP site. Dan Kelly corrects CLWA President Dave Wynn's factual errors, (noted with •) and then Dave Wynn's full letter. Why does the CLWA consistently misrepresent the science and their conversations with experts?

Kelly: Concerned about Eurasian Water Milfoil treatment issues

Letter to the Editor
Aug. 11, 2021

TO THE EDITOR:

In his July 19 letter to the Record Patriot, Crystal Lake and Watershed Association President Dave Wynne suggested the CLWA has the “real facts”. I'm not sure what real facts are, but CLWA's record on standard issue facts is terrible.

According to CLWA, poisoning Crystal Lake is supposed to prevent Eurasian Water Milfoil (EWM) from hybridizing — becoming resistant to herbicide. But there's ample evidence that repeated herbicide application causes hybridization.

Diver Assisted Scuba Harvesting (DASH) is an alternative to poison that CLWA has consistently disparaged.

• DASH is cost prohibitive — false

A single herbicide application followed up by DASH is the protocol recommended by Michigan's EGLE, according to a DASH contractor. One application of herbicide plus DASH on Crystal Lake would have cost about $40,000. That's $10,000 less than CLWA gave to Beulah's stormwater project.

In July, CLWA did a second herbicide application a month ahead of their announced schedule. Why the big rush? DASH is not scheduled this year or for 2022.

The terrible health cost of 2,4-D, specifically for the developing endocrine system (hormones) of kids was ignored by CLWA.

• Herbicide is required before DASH — false

Dave Wynne stated the DASH contractor Mike Smith said herbicide needed to be applied before DASH. Mike's response when I called to check was "I never said that.” DASH can remove EWM without any herbicide.

• Beulah waterfront closed by DASH — false

Dave Wynne wrote on July 19, "The CLWA rejected the use of DASH treatment … Beulah waterfront ... would have to be closed to public use for several weeks in the summer. ..."

DASH could start in May and finish in June, before the water warms up. The DASH boat would be flagged for scuba divers, which means other boats would have to stay 75 feet away. The lake bottom might be stirred up by the divers. Other than that, zero interruption of boating, fishing and swimming.

Wynne: Offers information about group's initiatives

Letter to the Editor

July 19, 2021

TO THE EDITOR:

The Crystal Lake & Watershed Association wishes to address several comments attributed to Dan Kelly in the Record Patriot article, "Watershed association begins treatment of Eurasian watermilfoil" published on July 7.

The CLWA rejected the use of DASH treatment for numerous reasons in the best interests of the lake, including the fact that the Beulah waterfront and other locations would have to be closed to public use for several weeks in the summer while this operation was taking place.

Mr. Kelly's assertion that "legacy environmental challenges are not being addressed" is rather puzzling, in view of the fact that his list of needed initiatives (Cold Creek remediation, discouraging riparian lawns, septic system maintenance) exactly describes the CLWA's current overall program to protect Crystal Lake.

In fact, the June 5 issue of the Record Patriot contained an article by Colin Merry, "Beulah awarded $500K to prevent E. coli outbreaks," naming the CLWA as a partner in this project with the Village of Beulah and the Benzie Conservation District "to reduce urban pollutant loads and stormwater that are having an impact on Cold Creek and Crystal Lake in an effort to reduce E. coli and nutrient rich sediment while preserving the cold-water fishery."

The CLWA is pledged to contribute $50,000 in matching funds for this project. The CLWA produced a flyer promoting septic system maintenance that was included with Crystal Lake township summer tax bills, and provided reminders that appeared in other watershed township newsletters.

The 2016-2018 lake survey mentioned documented a total of 6.1 acres of infestation, mostly concentrated In the eastern end. The lake was resurveyed in 2020-2021 and the untreated infestation had grown to 7.1 acres, now found in all areas of the lake. The entire treatment project was authorized under a permit issued by the Michigan Department of Environment, Great Lakes and Energy (EGLE, formerly DEQ) and applied by a certified contractor licensed by the State of Michigan.

Uncategorized

Dan’s FAQ

Why do I consider herbicides in Crystal Lake inappropriate?

Several reasons, which simply stated are 1) better to line up with life, 2) poisons cause cancer 3) more community, please.

Lining up

Invasive species show up when human behavior undermines or compromises natural systems. Rather than simply adjusting behavior, impactful intervention often degrades nature further.

Natural systems are complex and tightly integrated, that is to say intelligent. Our culture and civilization is very clever, but we've got a long way to go before we can match the inherent intelligence developed by millions of years of evolution.

Personally, I like making choices that line up with natural systems. The optimal response to environmental degradation is to align ourselves with life, rather than declare war on it.

How do we line up? Practicing deliberate appreciation and deep perception is helpful, but perhaps just recognizing which behaviors are problematic is the easiest starting point. Invasive species in Crystal Lake and the surrounding watershed are supported by excess nutrients and toxins. The obvious sources are agriculture, suburban style lawns and septic systems.

Agriculture

In 2018 I started managing my family's small farm above Crystal Lake. The rainfall on this farm charges aquifers that flow into Crystal Lake and Long Lake. Long before I was born, the farmer we bought the farm from had sprayed his apple and cherry orchard with pesticides containing lead and arsenic. As a result, the soil on this farm is now contaminated. This is true of most legacy orchards around Crystal Lake.

Fortunately, the lead and arsenic are not moving into the aquifer and therefor not getting into Crystal Lake, but I have to take special precautions to be sure they do not.

I have been exploring how to detoxify and regenerate this farm using zero impact methods including bioremediation to remove heavy metals and planting diverse cover crops with no till to build the biology in the soil.

Legacy agriculture is also a problem for Cold Creek in Beulah, which flows through an old celery farm before it reaches Crystal Lake. The Village of Beulah maintains a huge settling pond to keep sediment out. The Village might be shouldering a disproportionate responsibility for protecting Crystal Lake, not only because of this legacy farm but also from buried fuel tanks, residue from railroad infrastructure and other decisions made long ago.

Lawns

Unfortunate choices are not a thing of the past. Vague language can contribute to confusion and problematic decisions.

What is an invasive species? Here's a definition from Wordnik.com

Any species that has been introduced to an environment where it is not native, and that has since become a nuisance through rapid spread and increase in numbers, often to the detriment of native species.

That definition is incomplete because it does not include species beneficial to people. Or more accurately, the species our current culture values. For instance, corn isn't considered an invasive because we cultivate corn for food. Outdoor cats are not invasive because we enjoy them as pets. Both of these species degrade the native ecosystem to some extent, but we don't consider them invasive. Our introduction and support of beneficial species can open the door to invasives.

Many houses right on the shores of Crystal Lake maintain chemically fertilized lawns, often with herbicide and fungicide applications. The runoff of nutrients and toxins degrade the native ecosystem of our wild lake. While Kentucky bluegrass, fescues and ryegrass might not be considered invasive species, their chemical cultivation is a precursor to invasives.

Over the last 20 years, I've allowed my Crystal Lake property to evolve into a wild meadow, with both native and invasive species prevalent. Some might criticize my non-control of invasives, but for sure my property has way more native flora than a well groomed lawn.

Septic

Excellent efforts have been made to replace failed septic systems around Crystal Lake, but even a working septic system contributes nutrients, and very few homeowners are aware of how non-biodegradable household cleaning and personal grooming products can cripple septic system function. Building a municipal sewer system would not only be expensive but would likely trigger over development.

There is another option, rarely discussed - composting toilets. I have decades of composting toilet experience, with zero impact on Crystal Lake, (or complaints from my neighbors). I maintain a fully functional septic system for grey water by using plant based biodegradable soaps exclusively. Someday, I would like to be the first house on Crystal Lake with an above ground grey water wetlands.

Health

Bayer / Monsanto recently paid 10 billion dollars to settle cancer lawsuits for their herbicide Round-Up. Yet since the introduction of Round-Up in 1976, Monsanto and the EPA have asserted that the product was safe when used as directed. Monsanto even touted Round-Up as "environmentally friendly". We might well be skeptical about safety claims for other herbicides like Tryclopyr and 24, D. Why would we begin a program of herbicide application in Crystal Lake that could be a ticking time bomb for future generations?

Community

I consider myself one of Crystal Lakes leading stewards, even if I am not much in the spotlight. I did not hear about the 2020 herbicide plan until a few days before it was scheduled to happen. Many other Crystal Lake property owners I spoke to had no knowledge of the herbicide plan. My conclusion is that any proposed interventions need to be preceded by extensive, persistent and effective outreach to ALL property owners, not just the property owners who have signed off on herbicide application. The lake bottom might be individually owned, but we all share the water.

Unfortunately, there currently isn't an easy way to easily achieve general agreement about Crystal Lake, with 5 separate municipalities and many property owners only here in the summer. How can we inform and get opinions from property owners going forward? That's the premise behind the website www.crystallake.community, launched by myself and several other property owners.

Summary

Even with washing boats at all public access points, aquatic invasives will still show up, if human behavior and cultural values stay the same. A more effective method than trying to combat our mistakes is to gradually, gently stop making them.

What did I do to stop herbicides in Crystal Lake?

This question doesn't parse. I have not stopped anything.

What I am looking forward to realizing is a productive and dare I say exciting collaboration involving many Crystal Lake lovers, including the board and members of CLWA.

The process has been somewhat serendipitous. Because my farm has legacy heavy metal contamination, I retain an environmental attorney, Jeff Jocks to help negotiate the path to eventual remediation. Jeff has been very helpful and I thought that the CLWA might benefit from his knowledge and expertise. The CLWA has done amazing work in the past that I am sincerely thankful for, as an avid swimmer I really appreciate the relocation of the mergansers that contributed to swimmers itch. My expectation was that if I could clearly articulate the views of myself and other property owners around Crystal Lake to the board of CLWA, we could find not only a zero impact solution for invasives, similar to the meganzer relocation, but that along the way we could build a resource for reaching general agreement in the wider Crystal Lake community.

Generally speaking, I think our country and communities are artificially divided, I am all about discovering common ground. We all love Crystal Lake and I am pretty sure we can come together on that basis.

Is this just you opposing the treatment or is there a group?

Three Crystal Lake property owners initially met with the board of CLWA, myself included. We had gathered 31 surveys, of which 26 opposed herbicides. Keep in mind that we had only a couple of days to distribute and collect surveys before meeting with the CLWA board members. The survey was recently printed in the Betsie Current and more responses were returned, the results of which will be published soon at www.crystallake.community.

The site www.crystallake.community will also set up an opt-in email list. We don't anticipate creating a non-profit and going for grants, this is just a group of private citizens donating their time and funds to build better connections to the community. Anyone who wants to help by going door to door with surveys or building the website can get in touch. All the surveys are available for inspection.

Uncategorized

Bayer Monsanto Lawsuit

Bayer to rethink Roundup in U.S. residential market after judge nixes $2 bln settlement
Tom Hals
Reuters
May 27, 2021

Bayer Won’t Ask U.S. Supreme Court to Reverse Roundup Loss
By Joel Rosenblatt
March 19, 2021

"Litigation over Roundup -- which plaintiffs claim causes cancer -- remains Bayer’s biggest challenge. After losing three trials over the matter in the U.S., the company has been negotiating with tens of thousands of claimants for more than a year and a half, and has still failed to put the litigation behind it. Bayer insists the product is safe."

What you need to know about a popular weed killer's alleged link to cancer
By Marla Cone, Kaiser Health News
April 8, 2019

Glyphosate, the primary ingredient in Round-up, is banned in twenty countries.

Q: Should people still use glyphosate at home, or are there safer substitutes?
All chemical pesticides are toxic. Some gardeners have limited success using vinegar or homemade remedies. The best non-toxic solution for killing weeds is good old elbow grease: Get a trowel and dig them out. “From a personal perspective, I prefer to use caution and avoid pesticides in my own garden,” said Rachel Shaffer, a Ph.D. student at the University of Washington’s School of Public Health and co-author of the university’s study on glyphosate and non-Hodgkin lymphoma.

Uncategorized

Questions from Colin Merry for BRP

Post author By admin
Post date June 24, 2021
No Comments on Questions from Colin Merry for BRP

On Jun 22, 2021, at 3:23 PM, Merry, Colin <> wrote:

I've come up with a few questions on the watermilfoil issue. If some seem obvious it is because I don't want to assume.

1. What is the name of your organization, and how many people are involved?

We are a group of concerned riparians, 5 families / North Shore property owners currently. We have a website www.CrystalLake.community. Call us by our complete website name, please.

2. Are you still opposed to the treatment of Eurasian milfoil with herbicide, and if so, why? What do you base your objections on?

Yes, I am opposed.

There are legacy environmental challenges for Crystal Lake that are not being addressed. For example, every municipality around Crystal Lake could collaborate to help Beulah clean up Cold Creek. Suburban style lawns and failing septic systems flow nutrients and toxins into our lake. To compound these problems by deliberately adding aquatic herbicides makes no sense to me.

Poisons are hazardous to human health. 2,4-D and Triclopyr, look them up.

Other lake associations around Michigan and the USA with a longer history of EWM (Eurasian Water Milfoil) have discontinued the use of poisons. They have transitioned to non chemical means of management, such as DASH or Diver Assisted Suction Harvesting. Benthic barriers are another option, but they appear to be tougher to permit in Michigan. These methods are initially more expensive than applying herbicides. Since EWM is going to be a feature of Crystal Lake going forward, we should be planning for the long term. Herbicides are a quick fix with hidden costs for human and environmental health.

A small percentage of riperians and land owner in the Crystal Lake watershed are members of CLWA. Yet the CLWA is acting unilaterally to alter our shared waters. That might be ok if the health impact is zero, like relocating Mergansers to remove swimmers itch. Application of herbicides in contrast is a big deal. An open exchange of views in a public forum needs to take place before this proceeds. Extensive outreach is needed to establish broad consent or opposition. I am glad the BRP is taking an interest in this issue, because everyone should be informed.

3. Is there anything you are doing to prevent the treatment of the lake with herbicide, such as a threatened lawsuit, or is it still in the conversation stage? There seemed to be some debate last time I wrote about this on whether or not what was being done amounted to threat of legal action, or not.

In 2020, I had asked my environmental attorney Jeff Jocks to review the issue. He informed CLWA's attorney that he was involved. Legal action was not initiated. The CLWA decided to postpone in 2020 and reschedule the application this year for reasons not known to me. Here’s the letter I got from President Dave Wynne. https://crystallake.community/2020/08/13/on-hold-indefinitely/

Anne Rogers and I met with three board members including president Dave Wynne on June 5, 2021 to review the matter. After discussion, we learned that application of herbicide was the extent of CLWA’s plan. Anne and I suggested that if the CLWA could pass a resolution outlining a long term plan including allocation of funds for non chemical remediation, we might be open to a compromise. I sent Dave Wynne suggestions for the resolution the next day, We heard nothing back for 2 weeks, and the resolution that CLWA passed did not include a substantial long term plan. https://crystallake.community/2021/06/23/june-2021-clwa-emails/

Litigation is a waste of community resources. However, without a long term plan, I don’t see how herbicides make any sense. We’ve established a Crystal Lake Defense Fund, the goal is to raise $100k, we have about $20k so far. Contributions are welcome! This will be used to stop herbicide application or preferably, to support a long term plan to remediate EWM non toxically.

4. Are there any treatments you are suggesting or not? If so, why do you believe that treatment would work better, and are you looking to help the Crystal Lake & Watershed Assocation with your chosen method?

If there was a long term plan, I would personally help with logistics, outreach and fundraising. I am an experienced scuba diver and offered CLWA to spend time on a DASH operation to advise CLWA about how this could work for Crystal Lake. Some lakes have purchased or built their own DASH boats, and that might be the most cost effective solution for Crystal Lake going forward. We won’t know unless we schedule a DASH operation.

5. It seems you want more than just lakefront property owners to be involved in the discussion. Who are these other people and how are you reaching out to them?

Anyone who wants to be involved can visit www.CrystalLake.Community or (shorter) Benzie.blue.

6. You mentioned some inaccuracies on your website in my story revolving around how many people originally met with the CLCBA when the treatment was first postponed. Could you clear that up for me? Is there anything else in the stories that was inaccurate?

I guessing you mean CLWA. Three concerned riparians and attorney Jeff Jocks met with the CLWA board in 2020 via zoom. The CLWA characterized this meeting as just me. Is that what you mean? You might have reported based on CLWA's narrative, which was inaccurate. Here’s the link https://crystallake.community/2021/06/02/clwa-mirror-06-02-21/ If there is something else on the site you are referring to, send me a link.

7. Feel free to make any comment you want on the situation.

Thanks for taking the time to consider these questions.

Colin Merry

Staff Reporter

Benzie County Record Patriot

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June 2021 CLWA emails

Anne Rogers and I met with three board members including president Dave Wynne on June 5, 2021 to review the CLWA's Eurasian Water Milfoil plan. We learned that application of herbicide was the extent of CLWA’s plan. Anne and I suggested that if the CLWA could pass a resolution outlining a long term plan including allocation of funds for non chemical remediation, we might be open to a compromise. I sent Dave Wynne suggestions for the resolution the next day. We heard nothing back for 2 weeks, and the resolution that CLWA passed did not include a long term plan.

Dan's email to CLWA President Dave Wynne

From: Danny Kelly

Subject: CLWA and CLC

Date: June 6, 2021 at 11:22:55 PM EDT

To: Dave Wynne , Anne Rogers

Cc: Danny Kelly

Hey Dave!

Thanks for your patience, took us a little longer to hash this out.

Anne and I have discussed the Saturday meeting. We can agree to two applications of herbicide this summer if CLWA's "wait and see" approach is replaced with a comprehensive long term strategy (5 years) to insure that the proposed 2021 herbicide applications are the only applications ever needed. We can provide volunteer and fundraising support to help accomplish this outcome. Ideally, herbicide applications at Beulah beach only and DASH operations everywhere else, eg public boat launches. Whether or not CLWA's board passes a resolution clarifying the organization's perspective on herbicides and EWM, let's figure out if a DASH component is possible for the other locations - budget and scheduling. I'd be happy to assist with outreach to DASH contractors.

I've included a publication from New Hampshire's Toxic Action Center that Anne found. NH lakes and ponds have been dealing with EWM for a decade longer than Michigan has. She suggests checking out the case studies on pages 9-12. I suggest the warnings about herbicides on page 4 and then from page 20 on.

CHEMICAL-FREE-LAKES

Here is a draft resolution that CLWA's board can consider and perhaps adopt. We can certainly hash this out further, Crystal Lake Community is by no means trying to dictate policy to the CLWA, but rather offer another perspective that might fit into a broader interpretation of CLWA's mission. In my opinion, adoption would significantly expand CLWA’s support.

Let's discuss on the phone or in person,

Dan Kelly
231 882-0460

Draft resolution for CLWA

•••

We recognize that herbicides have detrimental effects for wild ecosystems and human health. Some of the health hazards of herbicides are known and others are only suspected. Poisons once deemed "safe" such as DDT and glyphosate (Roundup) have proved to be highly problematic, contrary to the claims of manufacturers and even government regulators. Use of herbicides is recognized as a tradeoff - possible human health risks, possible hybridization of EWM in exchange for immediate die back of current EWM infestation.

Because of the risks to health, herbicides are not appropriate as a long term (multi-year) control strategy. Other techniques such as DASH (diver assisted suction harvesting) will be added to CLWA's 2021 EWM control plan, with the goal of implementing effective, sustainable, chemical-free ongoing management of EWM starting in 2022. Volunteer divers will accompany professional crews in 2021 and report back about the feasibility of building / purchasing a DASH boat for Crystal Lake and training of divers and operators to insure DASH is cost effective going forward.

Herbicide applications by private riparians could have many undesirable outcomes, and might open those riparians up to legal liability. The CLWA herbicide strategy has been thoroughly researched, will involve professionals and special equipment and includes before and after monitoring following scientific principles and full transparency. The CLWA plan is preferable to ad hoc herbicide applications by individual riparians, especially when followed up by DASH in 2022.

A significant factor adding to the problem on Beulah beach is effluent from Cold Creek. Any long term EWM solution will involve a initiating a collaborative effort by all municipalities and residents of those municipalities within the watershed to help the Village of Beulah permanently remediate this legacy problem.

CLWA is committed to creating comprehensive awareness and consent from all landowners within the Crystal Lake watershed for future proposed remediation plans for Crystal Lake. Comprehensive awareness is defined as having 75% of land owners within the watershed (statistical sample) being familiar with remediation plans, samples being gathered through direct mailings, phone calls and possibly door to door interviews.

•••

CLWA's resolution

From: Dave Wynne

Subject: CLWA EWM Resolution

Date: June 19, 2021 at 1:45:15 PM EDT

To: Anne, Dan

Reply-To: Dave Wynne

Dan and Anne-

Attached is a copy of the Resolution that was passed today by the Board of the Crystal Lake & Watershed Association. I believe that it addresses your concerns of the consideration of DASH for the future as well as a plan for the future assessment and treatment.of the Lake beyond 2021. It also reflects ours.

The DASH provider I contacted is not available for 2021 due to full schedule of his 2 boats and crews. However, if you wish to visit a project in progress to fully understand the equipment, staffing, process and their legal requirements, please let me know, and I can arrange a visit. Just let me know.

As is required by the terms of our permit with EGLE, the announcement of the treatment was placed in the Record Patriot on 6/16

Thanks for your patience in getting this Resolution to you.

Dave Wynne, President

Crystal Lake & Watershed Association

CLWA EWM Treatment Resolution

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Take Action

STOP the POISON!

"Experts" at Crystal Lake and Watershed Association dumped herbicide in Crystal Lake twice last year. Did you know? They want to AGAIN in 2022...

Find your voice

Take the survey online now or print the PDF version and mail via USPS.
Send the survey link to your friends and neighbors. Email water@crystallake.community or call (two three one eight eight two zero four six zero) for guidance on distributing surveys door to door and generally getting the word out.

Attend a public meeting June 28 at 10:00 am

Democracy dies in the dark. Bring on the light!

Join us for a public meeting on June 28 at 10:00 am. For more information call Dan 231 882-0460 or email "water AT crystallake DOT community"

Demand that stewardship and environment intervention aligns with human health

Other lake associations in Michigan and around the country with a much longer history of EWM have discontinued herbicide use in favor of low impact solutions. The Crystal Lake Watershed Association has done great work in the past under different leadership, but the current board's insistence on aquatic herbicides are a failed strategy that jeopardizes human health.

Legal Action - The Crystal Lake Defense Fund

In May of 2021 the Crystal Lake Defense Fund, managed by Jeff Jocks of Sondee, Racine and Doren, PLC. was established with a $20k+ balance. The goal was to raise $100k to stop future ineffective and dangerous poison applications by CLWA, though court injunction if necessary. Those funds were returned to donors in 2022, due to lack of effective outreach to and contributions from the larger community. Deep pockets may not be the answer to stopping unilateral action by non-democratic and counter factual entities such as CLWA. Let's get creative.
Future legal action is not out of the question, if/when the funds become available. If you'd like to show support, make checks payable to Sondee, Racine and Doren, PLC and write Crystal Lake Defense Fund in the memo. Mail to Crystal Lake Community, 3730 Highland Drive, Beulah MI 49617. The desire to keep poison out of Crystal Lake is organized by private citizens and contributions are not tax deductible.
If CLWA's herbicide plan is abandoned, your contribution can either be returned to you or you can opt to support zero impact remediation that does not involve the use of herbicides in Crystal Lake.

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CLWA mirror 06-02-21

The link below is an archive of CLWA's reportage from 2020. We note several inaccuracies in the narrative presented, specifically that there was only 1 person objecting when initially 3 people met with CLWA's board via Zoom, representing a contingent of 5 other property owners around Crystal Lake. The number of objectors grew as additional property owners responded to our survey. We're not sure why the CLWA downplayed the objection to herbicides. Keep in mind that Crystal Lake Community was organized on very short notice as we only heard about the herbicide plan days before the first application was scheduled. Now that the survey is available online, we should be hearing from many more property owners in June and July of 2021.

CLWA suspends Eurasian Watermilfoil treatment for 2020 | The Crystal Lake & Watershed Association