Approximately 100 residents of Lake Wawasee attended a public hearing Thursday regarding an application for dredging 827 feet across the frontage of the Oakwood Inn. Wawasee Area Conservancy Foundation petitioned the Division of Water, Indiana Department of Natural Resources, for the hearing.
The hearing was held at the Warsaw Community Public Library in accordance with Indiana Code 14-26-2-3, which states when a petition for a public hearing regarding matters involving the changing of the water level, dredging other than to maintain channels or constructing sea walls, beaches or near-shore access improvements on a lot by lot basis or mining, that hearing be held in the county seat in which the public freshwater lake is located.
Buckingham Co. submitted the application to dredge the frontage to the DNR Nov. 7, which stated the purpose for the dredging was to improve navigation. Buckingham wants to dredge to a maximum depth of 5 feet below the lake's legal level at a distance of 75 feet lakeward of the legal shoreline and slope uniformly to a depth of 3 feet at the shoreline.
Representing the DNR at the hearing were Alysson Oliger, environmental manager, technical services; Andrea Gromeaux-Schnaith, section head for technical services; and Jim Hebenstreit, assistant director of the Division of Water.
Oliger acted as moderator of the public hearing. She stressed the hearing was informal and no decision would be made that evening. All technical and environmental reviews would be done by the DNR.
Residents Express Anger
Mark Knecht, president of the Oakwood Property Owners Association, asked for clarification of the word "maintenance" in the application. Oliger said DNR representatives would not assume what the applicant meant, stating "dredging is dredging."
Joanne Moore said as an Indiana resident she was angry at the DNR saying it was acting slow and the need for a public hearing "ridiculous." "This shouldn't be going on," she said. "The number of piers at the earlier hearing and now dredging!" She bluntly asked if "The DNR has been greased?"
Ken Yoder said he was familiar with dredging. "The way you skimmed over it, it's almost impossible to keep it (the dredged material) out of the lake. You'll need a large container pond, the material will have to be dried," he said. He asked what method Buckingham would use to dredge the material, clam digger or suck it out. He noted each method has its own environmental impact.
Ed Rice asked for a tally of who was for and against the proposed dredging project. Everyone raised their hand against the dredging. No one was for the project.
Another asked for more information regarding the word "maintenance" in the application, noting maintenance usually meant more than once or was this a one time project. Oliger refused to be drawn into the conversation.
Sue Zurcher stated she was against any form of dredging and noted it was against the 2004 Oakwood property owners covenants, which state the property owners have to give permission to the inn's owners to do anything to the waterfront.
"It's an interesting process we're going through," said another member of the audience. "It's hard for us to focus since we don't know the extent of the project." He went on to say he believed it put the DNR at a disadvantage, that the DNR has a long history of supporting recreational activities on lakes throughout the state and economic development is important.
He stressed the DNR process should be to carefully consider policy and the applicant should prove its necessity. He did note everyone in the room supported the general concept.
"We want Oakwood to be successful," he said, but added aggressive and abusive changes impact the quality of the lake. "Dredging seems ill considered and unnecessary for what is seen around the lake," he said.
Local attorney Dick Green thanked the DNR representatives for "taking the heat," on the matter. "Many of the people in this room and others have sent letters to the DNR. The whole situation is about two factors, water quality and safety," he said. He went on to give a brief explanation of the history of Lake Wawasee regarding the water quality, which he and others said has deteriorated significantly the last six decades.
"What they proposed is to gauge the crust of the lake + it will not seal up. It will be a place for solids to resuspend + gradually diffusing into the lake. The water quality has always been the future of Lake Wawasee," Green said. "It's ludicrous to think this won't affect the water quality of Lake Wawasee."
Regarding boat safety, Green said there are more boats on Lake Wawasee today than Eisenhower had at his disposal during D-Day. Noting Buckingham's request for 240 pier slips, Green noted this was "a blatant violation of common sense. This is a dangerous situation."
Questioning The Need For More Depth
Ray Deahl stated he supported the comments made and questioned the need for 5 feet of water. "I don't think anyone has 5 feet of water. There is boat church, the Lilly Pad anchors there along with large boats every Sunday," he noted.
Knecht said he would like to meet the guy who sold the idea of dredging to Buckingham "He could sell ice to Eskimos," he said.
Jon Lloyd, attorney for the WACF said, "I can't say it any better than these folks. I also can't speak on the scientific aspect. The DNR made the decision back when it ruled Conklin Bay as an eco-zone."
Lloyd also stressed the WACF is not against development, but stated "this is a huge overreach." He also noted no one was at the hearing to speak on behalf of the project.
"It astonishing to me the lack of care and concern these people have shown to people who live here. There is no one here to explain its (the dredging) necessity," Lloyd said.
Later, Hebenstreit said it was not unusual for an applicant not to attend a public hearing, comparing it to "walking into the lions den."
Lloyd went on to say the dredging would degrade the wetland areas in the bay already shrinking. "There is no one here to protect Lake Wawasee except the DNR and you made you decision years ago," Lloyd said. "Please don't abandon the lake."
Bill Osha told the DNR he's been running in-boards on the lake for 35 years, going to The Channel Marker, The Frog and even docking at Oakwood and has never had a problem with depth when anchoring.
Moore wondered if there was some confusion due to the number of piers being requested, making dredging necessary.
Questions Regarding Public Notice Of The Hearing
Luke Knecht asked about public notice of the hearing. He told the DNR he heard about the hearing from a number of sources, but none of them official.
Rick Williams noted he lives across Conklin Bay from Oakwood and received notification.
Oliger told the crowd they could get on an email list to be notified about future hearings. Those officially notified by letter were either property owners close to Oakwood or were on a list Buckingham provided the DNR asking official notification be made to them.
Deahl said he had sent Oliger an email requesting such information and never heard from her. He said he attended the Wawasee Property Owners Association meeting about the Oakwood project and was interested to note there was no one from Buckingham. He questioned whether the project would really be Chautauqua based.
Oliger expressed confusion over the Chautauqua.
Bob Neumaier said he learned about the hearing from a letter to the editor the WACF sent to The Mail-Journal.
Doug Anderson suggested Buckingham's people walk the beach in the summer time. "It's one of the finest on the lake," he said. He told the DNR he believed there are legal and emotional issues regarding the situation.
Larry Baumgardt stated he's worked in the boat business and typically parked 12 boats at Oakwood for events with no problem. "If they plan to use runabouts and pontoons, there's no need to dredge. The need would be if 35 foot live-in boats are going to be parked there," he said.
Hamilton Harwood said he was opposed to dredging as stated in the application. "I think everyone in this room is in favor of the program (Oakwood) being successful. We need to be flexible," he said. At the same time he said the term maintenance in the application is misleading.
Ecological Concerns Brought Up
Diana Castell spoke on the ecology of the lake saying last summer there was a reading of 22 feet of clear water in Lake Wawasee that was incredible.
She told the DNR without core samples being taken of the dredged area, there is no way of knowing what will be released into the lake.
What could be released could cause increased aquatic growth and possible blue green algae that is toxic. "The dredging is to change the lake bottom," she said.
She continued saying an archaeological study should also be done. Dredging could also have serious affects on Conklin Bay, zoned as an eco-zone.
Castell also pointed out many states do not allow dredging.
Bill Hess expressed frustration at the need of a public hearing saying he was surprised the DNR would even consider such a proposal.
Ed Rice wondered if the dredging application was "a smokescreen" for something else Buckingham is planning.
Laurie Hardy said she hoped the decision makers made their decisions as individuals, not because they are part of a board or state agency. "They are appreciated," she said.
Judith Neumaier told the DNR she worked at Oakwood and it never ran out of pier space, it was able to handle the needs of guests and residents coming to the hotel.
Randy Stahly said if Buckingham needs to come to the table with requests for piers and dredging being necessary to succeed "then they'll fail anyway." He also asked how much the public input was considered once all the scientific data comes in.
DNR said the independent review will be based on statue.
More Discussion
Mark Knecht asked what the reasonable time frame was for a decision. Oliger said the reviewing parties would have 30 days once she transcribed the notes, but she stressed that was a guide.
Knecht followed up asking about the pier request. Oliger said that matter was still under review as the DNR requested more information from the applicant.
Anderson asked if dredging was allowed if it would set a precedent.
One gentleman mentioned how fresh water mussels disappeared from the lake when boat traffic increased.
Carolyn Anderson said as someone who was privy to the decision the DNR made establishing Conklin Bay as an eco-zone, people in the area are glad the decision was made.
Kay Young, president of the WPOA, drew attention to its mission statement. She said the WPOA is against the dredging and noted the eco-zone located nearby, as well as the natural sandy lake bed and native emerging plant life.
More Speak Passionately About Lake Wawasee
John West said he was opposed to the dredging request, but not the Oakwood project.
Merlin Wolfe said he's been around the lake for 50 years; he bought land trying to sell the lake to others.
Shermann Goldenberg said the situation was almost a perfect storm. The community needs to save Oakwood, but dredging and funneling are delicate issues. He noted both will be discussed further.
John Beams, son of Glen Beams one of the charter board members of Oakwood, told the group his father died believing in Oakwood.
"This lake does not belong to us. We belong to the lake. The lake was here eons before motorboats and it will be here when we're all gone," he said.
He noted it takes a full day for the lake to clear after the weekend traffic during the summer. He noted the number of boats keeps going up and people race with impunity on the lake.
Lynn Crighton, executive director of the Tippecanoe Watershed Foundation, said she wanted the DNR to know it was not just the residents of Lake Wawasee who are concerned. Her main concern is about precedent.
Final Questions
Freese asked who the reviewing parties are. Oliger told the group it would be a representative from the division of fish and wildlife and a representative from the division of water at the DNR.
Castell asked if the DNR required core samples to be taken, or if the Environmental Protection Agency or the Indiana Department of Environmental Management. It was explained there are no test protocols in place for core sampling and the environmental impact study would be done by a biologist at the DNR.
Knecht asked about political pressure. Hebenstreit said he's worked equally well with Democrats and Republicans for 35 years and he didn't expect this case to change that.
Knecht asked what would happen if the attorney general called. Hebenstreit said he would be surprised because the AG has never called about individual applications before. He stated the only way the AG would get involved is if there was a suit brought by the applicant after the appeals process was exhausted.
Should that happen, the AG would be representing the DNR. |
