Showing posts with label wilderness. Show all posts
Showing posts with label wilderness. Show all posts

Thursday, November 15, 2012

Conservation Stirs Controversy in Avon Hills



            Gary Pflueger had no time to talk- he was too busy, juggling his responsibilities working on the grounds at Saint John’s University and running his small farm in the rocky slopes and wet valleys that lie between Avon and Saint Joseph, Minnesota. When I caught up with him, to ask his opinion on the local Avon Hills Initiative, he paused only for a few seconds.

“Well”, said, “I got to tell you, they’re certainly not my favorite organization”

            A strong opinion, by Central Minnesota standards. It was the first, though not the last, of many uncharacteristically strong opinions I would hear that day. But what was it that could invoke such feelings of passion from a stoic resident of ‘Lake Wobegon’ country? It is a story of changes in a community, and of the relationship between residents, a university, and local government. 
           
As with so many things in rural America, though, it all starts with the land.

            The Avon Hills rise above the farms of eastern Stearns County, 80 square miles of rolling slopes, eskers, and moraines dotted with lakes and marshes, carved by the retreating glaciers of the last ice age. What sets the region apart from the surrounding fields, however, is the forest. The hills, which stretch over the Avon, Collegeville, Saint Joseph, and Saint Wendel townships, contain the highest concentration of the native plant communities in the county, with abundant oak, maple, and basswood forest, tamarack and mixed-hardwood swamps, and wetland meadows.
The Hills contain the largest intact forest in central Minnesota
            These forests were once common throughout central Minnesota, but largely disappeared with the arrival of white settlement, giving way to farm fields. The Avon Hills were preserved by their topography. The rolling slopes, soil thick with stones, and marshes were not hospitable to large expanses of corn. A handful of families carved out small patches of farmland and grazed livestock, but outside of the town of Avon itself and the grounds of Saint John’s Abbey and University, the hills were largely spared the axe and the plow, leaving the forest intact.
            That forest supports a diversity of animal life. In addition to the deer, coyotes, beavers, and other common animals, the region harbors several rare species, including the cerulean warbler, red-shouldered hawk, least darter, Blanding's turtle, and American ginseng. It has been categorized as ecologically significant by both the Minnesota DNR and the Nature Conservancy's Eco-Regional Plan. The Hills, the largest intact block of kettle and moraine forest between the Twin Cities and Morrison County, are also a rest stop for migrating bird populations through Minnesota and habitat for wood ducks and other water fowl as well as songbirds, for which it is recognized as an Important Bird Area by the Minnesota DNR.
 Family farms have declined in recent decades
            Some residents, however, worry that the Hills are at risk. The forest has come under increasing pressure from development in the last four decades. The north end of the hills were intersected by I-94 in the 1970s, at the same time that an emerging middle class drove demand for scenic lakeshore and rural land. The demographics of the community have shifted from the large, long-standing holdings of family farms towards the newer, smaller plots that host the homes of professionals and small business owners.

            “Collegeville does not support a lot of full time farmers anymore.”, said one resident of the township who preferred not to be named “We’ve become a recreational area, with the lakes. There’s a lot of development pressure, and the ecosystem is pretty fragile.”

            The development pressure does not come only from the demand for scenic property. The nearby urban area is expanding- in the 2000s, Saint Joseph was the second fastest growing city in Minnesota, beaten only by nearby Sartell. The population of Stearns County is expected to increase up to 33% between 2000 and 2030, according to the Stearns County Comprehensive Plan. With such growth, conservation advocates worry that the Hills may see housing developments replace woodland.
                       
Many Minnesotans aspire to own a home by a lake
            It was in the midst of these concerns that the Avon Hills Initiative formed in 2003. The group, which consists of local residents as well as members of the Saint John’s University community, states that it aims to “Preserve the rural character of our community, protect the quality of our natural areas, and maintain economic productivity in our communities while respecting individual landowner rights”.
            To this end, the Initiative has sought to establish a series of six to ten conservation easements throughout the Avon Hills. These easements, funded in part by a grant from the Minnesota Environment and Natural Resources Trust Fund, allow landowners to retain ownership of the land, but restricts development of the land or use that is not consistent with the protection of the natural features as specified in the easement. The easement remains even if ownership of the land transfers. The first of these easements was completed in 2009, on 34 acres along Watab Creek belonging to Robert and Bonnie Thomsen.
            Kate Bobeldyk, the Chair of the Executive Committee of the Initiative, says that the organization is now in the second round of seeking easements to both preserve and restore local land.

            “Most people love the hills, water, wildlife, and open spaces and want to preserve it.” said Bobeldyk “Sometimes, they don't know how, so our goal is to help them to do it- to offer them guidelines and incentives. We're not in the business of trying to regulate or police what's going on our here. We’re in the business of trying to educate, and pull together the right people, whether it be the county or the township.”

            The Initiative has helped Stearns County and local townships to design a Conservation Overlay district for the Avon Hills, Bobeldyk said. This special district, which overlaps the four townships on which the hills rest, limits the number of building sites per acreage, requiring a certain amount of land to remain undeveloped. It also allows cluster development, which allows several houses to be built in close proximity if nearby land is set off as open space.

            “I'm not sure if I agree with all of the zoning ideas- like cluster housing.” said Ben Carlson, an SJU senior and local resident. “I think the AHI should focus more on the agricultural aspect and on the value of woodlands.”

Wetlands at the Saint John's Arboretum
            Stearns County was awarded the 2010 County Conservation Award for its establishment of the overlay district.
            The Initiative also organizes the Avon Hills Conference, a day-long collection of seminars and discussions held annually at Saint John’s University, exploring topics that range from nature photography to green construction. John O’Reilly is an organizer of the event, which will next be held on February 2, 2013.

            “The executive committee initially started the Avon Hills Conference as a way for local landowners to learn more about conservation and easements”, said O’Reilly, “But it quickly evolved into an event for all Avon Hills residents to have a day of learning and community.”

Ben Carlson praised the conference.

            “I think it’s a great chance for Saint John’s to interact with the community.”, he said. “There are the old farmers, and the other people who live here because of the lakes or the university, and it’s a great chance for the monastic community to connect with both groups”

            Some who support the Initiative, however, express certain concerns. One local who chose to remain anonymous worries about the effect of conservation in the Hills on surrounding farming communities.

            “I think they can go against the grain of farming issues, because they want to put the development out of woodland areas and into prime farming areas”, he said.

            He clarified, however, that he views the Initiative as a ‘valuable voice in the community’.

            Other residents are more critical of the project. Among them is local landowner Dan Vogel, who harbors concerns over the role that Saint John’s University plays in the program. Vogel sees the program as being initiated by the University, not the surrounding community. He notes the involvement of Abbey and University members in the initiative, such non-voting spots on the board held by employees of Saint John’s, and the hosting of Initiative-related events on the campus, as evidence of the University’s role- a role that he describes as hypocritical given the University’s own development.

Saint John's University, in the north of the Hills
            “Since the Avon Hills Initiative has started, Saint John's has doubled their cemetery, built a guest house, the McKeown Center, the large Flynntown apartments, and four or five acres to build the solar panels, and have plans now for expanding the library, doubled the size of the buildings by the sugar shack.”, said Vogel. “Saint John's is the biggest developer in the area.”

            Vogel added that he does not oppose conservation, but rather what he sees as conflicts of interest on the part of Saint John’s involvement in the Initiative.

            "I'm totally for conserving property, but what I have problem with is the biggest developer in the area starting this initiative to stop or regulate development in the surrounding area. When the largest industry in the area uses their money to push a program and to change the rules behind everyone's back, and they don't fall underneath it, I don't think that's fair"

            Area resident Shelly Carlson, however, welcomes the University’s involvement. “Saint John’s was here before any of us.”, she said “They’ve always been kind of a rock. The community grew around Saint John’s, so for them to reach out like that is just a natural thing”

            Kate Bobeldyk asserts that most of the local community stands behind the Initiative. “They want to preserve the rural land and use it for recreation.”, she said “They want to look at it and be proud of it.”

            Vogel, Pflueger, and others like them, though, are not yet convinced of the Initative’s good intentions.
  
            “I think there's little to no support from the local area.”, said Vogel. “I'm quite sure all my neighbors are not in favor.”



Monday, September 3, 2012

Cell Phone Tower To Be Built Near Boundary Waters

The sunrise over the Boundary Waters will soon have a companion on the horizon- the blinking light of a cell phone tower. Construction of the tower was effectively approved in August as the Minnesota Supreme Court refused to hear an appeal by environmental advocates to block its construction, ending a long legal struggle over the wilderness area's skyline.
 
A sunrise on Pipestone Bay
A tower over the wilderness

The tower site lies on a high ridge in Ely, just outside the Boundary Waters Canoe Area Wilderness. From atop the ridge, the top of the tower will reach 600 feet above the waters of Pipestone Bay, making it visible from ten nearby lakes. Because of federal aviation rules, such a tall tower requires blinking lights attached, to warn planes.
 
The BWCAW, established in 1964, covers over a million acres and contains more than 1,000 lakes, with hundreds of miles of streams and rivers. It lies in the heart of the Superior National Forest, on the border with Canada. It is the most heavily visited wilderness area in the country, attracting visitors with what the Minnesota legislature calls its “surpassing scenic beauty and solitude, free from substantially all commercial activities and artificial development.”
 
AT&T officials say that the tower is vital for public safety, improving emergency phone service for campers and canoers in the wilderness, as well as to under-served local residents. They say that a tall tower on the ridge is necessary for the needed coverage given the hilly topography of the region. In addition, court findings state that the ten lakes from which the tower would be visible constitute less than one percent of the BWCAW’s 1,175 lakes.

"We believe the limited impact of the tower is greatly outweighed by the benefits -- including health and safety benefits -- of the improved service it will provide residents and visitors," AT&T spokesman Marty Richter said.
 
Opponents such as Friends of the Boundary Waters counter that the tower will spoil the scenic value of the Boundary Waters, and that a shorter tower could provide adequate services while preserving the area's skyline.

"We understand the need and would like the tower builders to examine alternative methods to providing service without affecting the BWCAW.", said the environmental organization.

According to District Court findings a pair of unlit 199 foot tall towers could provide more coverage than a single, lit, 450 foot tower, and the increased coverage between a single short tower.
 
Analysis by AT&T, cited in the findings, found that while the taller tower could be profitable within 38 months, the shorter one would take 63 months to cover costs- three months longer than the company's guidelines for the project.

A long legal battle
Certain campers enjoy cell phone coverage
The Lake County Board approved the tower in February 2010, in hopes of improving the wilderness's cell phone coverage. The decision of the County Board was made without analysis to the view impacts, and on the basis of statements by AT&T-later found to be false- that the taller tower would deliver 16 times the coverage.
 
In June of 2010, Friends of the Boundary Waters filed a lawsuit, heard by Hennepin County District Judge Philip Bush, who ruled on the side of the activists, limiting the tower's height to 199 feet and forbidding it from bearing lights. The rationale for that ruling was that a taller tower would violate the Minnesota Environmental Rights Act, which allows citizens to sue for legal action to protect natural resources, including scenic areas. Judge Bush ruled that the area's scenic value would be deteriorated and that a taller tower would pose a risk to birds.

That decision was overturned, however, in June of 2012, when the Minnesota Court of Appeals ruled in favor of AT&T. While the appeals court did not dispute any of the facts of the the District Court decision, it did reframe them. Citing precedent from Schaller v. Blue Earth County the court judged the case based on five factors:

"(1) The quality and severity of any adverse effects of the proposed action on the natural resources affected; (2) Whether the natural resources affected are rare, unique, endangered, or have historical significance; (3) Whether the proposed action will have long-term adverse effects on natural resources, including whether the affected resources are easily replaceable (for example, by replanting trees or restocking fish); (4) Whether the proposed action will have significant consequential effects on other natural resources (for example, whether wildlife will be lost if its habitat is impaired or destroyed); and (5) Whether the affected natural resources are significantly increasing or decreasing in number, considering the direct and consequential impact of the proposed action."
 
With these criteria, the appeals court faulted the district court for not addressing the first criteria. It further found fault with the district court's conclusions on the third, fourth, and fifth factors. On the third, regarding permanence, the court noted that removing the tower would remove the damage to the view, and thus the damage was not permanent. Regarding the fourth, effects on wildlife, the court concluded that the number and species of the birds that would be killed by the tower was unknown. Finally, regarding the fifth, the court said that scenic Boundary Water views “are limited and finite resources” that “are not increasing and unless protected they will decrease over time,” but faulted the district court for failing to weight whether this was "significant".

The Boundary Waters contains over 1,000 lakes

The appeals court ruled that while the second factor, the rareness of the resources affected, was compelling, it alone was not enough to bar the tower's construction, and the 450 foot tower's impacts were therefore insufficient to have "a materially adverse effect on the environment". 
 
Commenting on the decision, environmental advocate and former Friends of the Boundary Waters director Ron Meador said, "By narrowing its review to this single aspect, the appeals court spared itself the trouble of considering such pesky questions as whether one or two shorter towers wouldn’t serve AT&T and its customers just as well as a 450-footer, without any impact on the BWCA."
 
Although Friends of the Boundary Waters appealed the case to the Minnesota Supreme Court, their request for a hearing was denied, allowing the June 2012 decision to stand.

"We're glad the matter is resolved," said Alex Carey, head of corporate communications for AT&T in Minnesota. "We have believed all along that the larger tower will provide an overall improvements for the residents and visitors of the Boundary Waters."

Friends of the Boundary Waters director Paul Danicic disagrees. "The Supreme Court's decision not to review this case is a disappointment and loss for all of Minnesota's protected natural resources," he said. "This tower is contrary to Minnesota's values of environmental stewardship."

The environmental organization says that they are examining options for next steps.

Image Sources: Capture Minnesota, 123RF, and Quiet Journey,