AGENDA NATURAL RESOURCES COMMISSION MEETING SEPTEMBER 12-13, 1974 STATE OFFICE BUILDING ES'CANABA, ------THURSDAY MORNING - 9:00 a.m. - September 12, 1974 STAFF REPORTS

THURSDAY AFTERNOON - 1:30 p.m. - September 12, 1974 I. PUBLIC APPEARANCES 1. Jeff Nickels (Mead Corp., Escanaba Dist. Mgr.) re: Whole Tree Chipping

II. DIRECTOR'S MATTERS III. ANNOUNCEMENTS IV. RECESS

FRIDAY MORNING - 9:00 a.m. - September 13, 1974 I. DIRECTOR'S MATTERS II. RESOLUTIONS AND COMMUNICATIONS III. OLD BUSINESS PAGE NO. A. Sleeping Bear Dunes National Lakeshore Wilderness Designation (Motion required) -- no memorandum. B. Fisheries Land Acquisition - Fife Lake State Forest - Boardman River Stream Bank Access 1-2 IV. NEW BUSINESS *LATE MEMO* A. Farmland and Open Space Preservation: Proposed Rules (Tentative) B. Minutes - August, 1974, Waterways Commission Meeting 3-16 C. Proposed Rules of the Department relating to Disbursement of Air Pollution Surveillance Fees to Local Governmental Agencies 17-26 D. Proposed Administrative Rules of Municipal Wastewater Division 27-53 E. Amendment to Administrative Rules - Subdivision Control Act 54-58 F. Proposed Rules - Mine Reclamation (tentative) 59-74 e G. Request for Extension of Time to Implement Natural River Zonipg Along the Betsie and Rogue Rivers 75 NRC AGENDA Page 2 (Sept.'74) Page No. H. Abandoned Property in the Great Lakes and Lake St. Clair 76-80 I. Fish Egg Taking Concession - Ludington and Benzie State Parks 81 J. Review of Evidence - Intended Suspension of Commercial Fishing License #315 issued to Mr. Roger Tallman t Fayette, M)ch. 82-85 . K. Watercraft Controls: 1. Tittabawassee River, Billings & Hay Twps., Gladwin County 86 2. Rifle Lake, Hill Twp., Ogemaw County 87 3. Black River, City of Croswell, Sanilac County 88 4. Sapphire Lake, Lake Twp., Missaukee County 89 L. 1974 Hunting Season for Ducks, Geese and other Migratory Birds (Confirming) 90-96 M. Establishment of River Raisin Watershed Council 97-99 N. LAND MATTERS (Map and Index on page 100) 1. Park Land Acquisition Algonac 101-102 Muska110nge Lake State Park 103 2. Wildlife Land Acquisition Columbia Twp. Mini-Game Area #3 104-105 Deeryard Habitat - Sturgeon River State Forest (Camp Suicide) 106 Scarce Habitat - Prairie Chicken Mgt. Area - Osceola County 107 Rush Lake State Game Area 108 3. Waterways Land Acquisition Barton Lake and Long Lake Public Access Expansion - Kzoo. County. 109-110 4. Dedication and Boundary of St. Johns Marshland Recreation Area 111-112 5. Dedication of State Forest Land - Alpena State Forest 113-114 6. Exchange #01998 - Reconveyance to Highway Dept. for preferred sale to Midland Intermediate School Dist. (Tittabawassee S.F.) 115-116 7. Direct Oil and Gas Lease 117-118 8. Direct Oil and Gas Lease Application 119-120 9. General Land Matters Easements for Department Installations 121-122 Municipal Conveyance of Undedicated State-owned Land 123 St. Clair Flats Deed 124 *LATE MEMO* 10. Sale of Minerals and Allied Rights 125 V. ANNOUNCEMENTS The next meeting of the Natural Resources Commission will be October 10-11, 1974, at the Olds Plaza Hotel in Lansing.

VI. ADJOURNMENT Proceedings - Formal Meeting, September 12-13, 1974 Chairman Snell called the meeting to order at 9:10 a.m., September 12, 1974, State Office Building, Escanaba, and read a statement on the Commission's search for a new Director of the Department of Natural Resources.. (Copy on file.)

Present: Snell (Chairman), Laitala. Wolfe, Whiteley, Pridgeon, Johnson.

Absent: Younglove. Di recto r 's Ma tters

Chairman Snell called on Acting Director David H. Jenkins to present Staff Reports.

Karl R. Hosford, Chief of the Office of Land Use, briefed the Commission on the proposed rules for administration of Act 116, P.A. 1974, the Farmlands and Open Space Preservation Act, emphasizing the rules were before the Commission at this time only for tentative approval so public hearings can be held. He reported the rules had been drafted with the guidance of a broadly based citizens committee and added that extensive redrafting could be anticipated following a schedule of eight public hearings during which ''We expect to learn a great deal." Commissioner Wolfe commended Hosford on the fact that each page of the proposed rules had been stamped "Draft" and suggested that all drafts of administrative rules offered by the Department be so labeled in the future. She also suggested that all rules drafts, reports, and other written materials be dated.

Arthur G. Slaughter, Chief of the Geological Survey Division, briefed the Commission on the proposed rules for administration of Act 92, P.A. 1970, the Mine Reclamation Act, emphasizing the rules were before the Commission at this time only for tentative approval so public hearings can be held. He explained that promulgation of the rules had been delayed for four years owing to lack of funding to administer the Act, but said mining companies generally have been complying voluntarily in the absence of formal rules. He reported the DNR has in progress a three-year research program in cooperation with Michigan Tech­ nological University on revegetation of tailings basins and that results to date are "promising". Commissioner Laitala asked why sand and gravel pits are excluded from the Act. Slaughter replied that the exclusion was made by the Legislature, but that he expects they will be added later.

Ralph W. Purdy, Deputy Director for Environmental Protection, presented a report, which had been requested by the Commission, on radioactive was te disposal and thermal discharges from nuclear power plants. (Copy on file.) Chairman Snell explained that the CommiSSion had asked for Purdy's report because it is "trying to get to the heart of some basic policy questions". He said the background information qn "what we are dOing and where we stand" would be helpful in arriving at future policy positions. He questioned Purdy on the value of the State's radioactive waste monitoring program. 86 September 12-13, 1974

Purdy replied that there was no question of the State's right to monitor, j. but there was a question about what the State could do on the basis of it£ program because the Federal Atomic Energy Commissionhas pre-empted the regulatory field. He characterized the State program as being good enough to detect potential public health hazards but not so sophisticated as to detect violations of AEC technical standards which are many times more restrictive.- Chairman Snell said the Commission would have to decide what •. if anything. it should do and that the discussion could lead to a Commission policy statement. '.-~.- -'~ -,.'. - .".' -,. Purdy was asked to comment on issues raised by an article in the September 8 edition of the Free Press which reported the DNRhas not asked the Attorney General to prosecute three companies responsible for large numbers of oil spills. (Copy on file.) Purdy stressed that the three companies have cooperated with the Department in taking measures to reduce their oil spills and have made dramatic improvement: from being responsible for about 7~% of all spills in 1971 they are down to 26% in 1974. He said experience has shown -that results generally can be obtained by seeking voluntary compliance rather than by taking legal action, but stressed that legal action is taken "when necessary". He said he believes the program should be evaluated on the basis of results achieved rather than prosecutions.

Chairman Snell announced that Governor Milliken had written to the COmmission asking that it review Department policies relating to petroleum production, storage and transportation. He said the Commission would work with the staff in making the review. Purdy was asked from the press table (Tom Opre. Detroit Free Press) what -! accounts for the 74% of oil spills not attributable to the three companies. Purdy said he did not have facts at hand but suggested that a large increase in truck transport of petroleum products was a major factor. and promised to get definitive answers.

The meeting was recessed at 12:05 p.m. by Chairman Snell. Chairman Snell reconvened the meeting at 1:40 p.m.

Commissioner Whiteley introduced Dave Rood, editor of the Escanaba Daily Press, and Don Hoenshell, editorial director of the Panax Newspapers, both of whom were in the audience.

Chairman Snell announced that the Thursday afternoon portion of monthly Commission meetings was especially for the purpose of public appearances and stressed the Commission's desire to obtain citizen input as part of its decision­ making process.

Jeff Nickels, Escanaba District Manager for Mead Paper Corporation, described and discussed the "whole tree harvesting" process. He emphasized that the process is relatively new, there are many problems to be solved, and the State should "go slow" in setting prices on the extra values from whole tree harvest timber sales until industry has gained more experience in utilizing the extra fiber from such sales. He suggested that a "different type" of State timber sale might be needed. Discussion which followed brought out elaboration of Nickels' premise that more experience is needed by all parties in the whole tree harvesting process.

State Representative Jack Gingrass spoke on behalf of Dick Trepanier, Dickinson County potato farmer. who is seeking a tract of State-owned land to expand his operation. Gingrass said the problem seems to be inability to get an appraisal of the desired land, which Trepanier wishes to begin to work yet this fall. He said Trepanier would take a temporary lease on the acreage if he could be assured ultimate purchase at an agreeable price. T. R. Tucker of the Lands Division said the appraisal will be made as soon as Lands Division receives a favorable recommendation from the Field (which Representative Gingrass said has been submitted to Lansing). Trepanier and Tucker were advised by Chairman Snell to discuss the situation privately outside the meeting room, and did so.

Robert F. Davis, representing Packaging Corporation of America, Filer City, supported views earlier expressed by Mr. Nickels of Mead Paper Corporation. NATURAL RESOURCES COMMISSION 87

He then thanked and commended the DNR for its cooperation in helping PCA to solve a problem on the involving PCA property. The Commission thanked him for his statement. • There being no further public appearances. Chairman Snell called on Acting Director Jenkins to return to Staff Reports.

Dale W. Granger. Chief of the Hydrological Survey Division. -reported on the principles and technicalities of fills in the waters of the Great Lakes and inland lakes, referring especially to the rights of riparian owners under -Act 247. P.A. 1955. the Great Lakes Submerged Lands Act as amended. (Copy on "file.)

Commissioner Laitala introduced Ralph Magnusson of the Cleveland Cliffs Iron Company, Citing the company's recent gift of a public access site-on the new Greenwood Reservoir.

Purdy presented the Water Resources Commission report. (Copy on file.) Purdy reported that two Department employees. Herbert J. Miller and James N. Howell. were among 17 recipients of environmental achievement awards given recently by the U. S. Environmental Protection Agency. He read the complete list of award winners. Questions were asked of Purdy about the proposed 2. 4. 5-T spraying of U. S. Forest Service lands in the Upper Peninsula. and a discussion followed. Purdy reported that, in the wake of public objection and litigation. the project had been postponed indefinitely.

C. Troy Yoder. Region II Manager, explained the rationale behind tentative selection of a proposed Zoning Appeals Board in connection with administration of the Jordan River under the Natural Rivers Act. He pointed out that appeals for variances from zoning rules must go directly to the Commission. whereas the Appeals Board would consider appeals for exceptions to the rules; thus the Appeals Board would handle only relatively minor matters.

Commissioner Wolfe asked that any list of names proposed for the Appeals Board be submitted ~ to the Commission privately.

Chairman Snell stressed that appointment of the Jordan River Zoning Appeals Board would set a precedent and that, therefore. "we want to do it right". He asked who would decide whether an appeal involved a variance or an exception. • and Yoder answered that would be up to the Zoning Administrator who is the Area Forester.

T. R. Tucker discussed the Boardman River Stream Bank Access purchase case laid over from the August meeting. He pointed out that. at the time the DNR took an option on property owned by Frankie Claudia Bolling, neither party realized the potential value of mineral rights. Since then. close-by land has been leased for oil and gas exploration at $14,000 per acre; Ms. Bolling now wishes to retain her mineral rights while selling the land at the original negotiated price. Tucker pointed out that it was the DNR objective to protect the river frontage and recommended the sale be consummated with the mineral reservation subject to non-development oil and gas lease regulations on State­ owned lands. He stated his opinion that, if the issue were taken to court to enforce terms of the original option, the State could lose and said that informal discussions with members of the Attorney General's Department supported that same conclusion. There followed a lengthly discussion involving several commissioners and Mr. Tucker over the issues raised by the case. Commissioners expressed concern over the recommendation that the terms of the original option be altered in favor of the seller, with no counter-advantage to be obtained by the State. Purdy reported on the project to bury livestock contaminated by poly­ brominated biphenyls (PPB's) on State Forest land in Kalkaska County, stating that legal issues had been resolved and the burial was going forward smoothly. Responding to a question. he emphasized the DNR's ground water monitoring program was intended to demonstrate that .nothing had gone wrong. Contamination is not expected because of precautions taken. f I I I I 88 September 12-13, 1974

Purdy reported on Operation Preparedness, the Canada-sponsored exercise in the Canadian waters of the St. Claire River, to practice cleaning up oil ~pills. He said that difficulties in deploying cleanup equipment had caused those in charge to decide against spilling any oil, and that the exercise as carried out had demonstrated that present technology cannot cope with oil losses in St. Clair River currents.

Executive Assistant Charles J. Guenther reported on a Rifle River bSnk erosion problem dating back to 1968 when Paul Weber reported it to the DNR and requested remedial action. He said approximately 2.400 feet of sand bank would require work, adding that the Rifle is relatively law among the DNR's stream improvement project priorities. He added that a meeting will be arranged soon between Mr. Weber and appropriate members of the Departme«t staff to trr to arrive at a solution. The meeting was recessed at 4:55 p.m. Friday, September 13. 1974 Chairman Snell called the meeting to order at 9:10 a.m. and returned to Staff Reports.

Purdy gave the report of the Air Pollution Control Commission and then discussed the proposed Administrative Rules for disbursement of air pollution surveillance fees to local government agencies. He reported that local units. principally Wayne County, were dissatisfied with the proposed rules in that they preferred to deal exclusively with the Air Pollution Control Commission without any exercise of authority by the DNR or the Natural Resources Commission. He recommended that the rules be approved for submittal to the Legislative Service Bureau, Attorney General and the Joint Administrative Rules Committee of the Legislature. Purdy explained a technical resolution to be offered which would authorize him, as Deputy Director for Environmental Protection. to license solid waste haulers. This is an authority transferred from the Department of Public Health.

Samuel A. Milstein, Chief of the Bureau of Recreation, briefed the Commission on the proposed designation of the St. Johns Marsh as a State Recreation Area and its contemplated purchase for that purpose. He pointed out that the area is the largest remaining natural marsh on the U.S. side of Lake St. Clair, is in danger of residential development, and is within an hour's drive of Detroit. He said acquisition would cost in the neighborhood of $4,000,000; but stressed that Michigan is lOSing marshland to development at a rapid rate.

Keith Wilson. Chief of the Waterways DiviSion, commented on the Waterways Commission minutes and asked that they be approved as presented except for the section titled "Rules and Regulations" which should be deleted. (Copy of minutes on file.) It then being 10:35 a.m., Chairman Snell called for consideration of the Off; ci a 1 Agenda.

Chairman Snell read a Resolution to name the Visitor Center at Fayette State Park the "A. Gene Gazlay Visitor Center".

"A. Gene Gazlay's last act as Director of the Michigan Department of Natural Resources was to dedicate the Visitor Center at Fayette State Park. This out­ standing new facility is the first of its kind in the state park system. Con­ structed by the people of Michigan and enhanced by a model of the Fayette town­ site donated by the Cleveland-Gliffs Iron Company. the Visitor Center will provide interpretive and informational services to millions of people in years to come. From its exhibits future generations will gather knowledge o·f historic Fayette, birthplace of America's iron-smelting industry. "Director Gazlay was a native of the Upper Peninsula, whence also came the iron ore, charcoal and limestone.resources which stoked the furnaces at Fayette. It is therefore particularly fitting that the Fayette State Park Visitor Center be rededicated in memory of A. Gene Gazlay as a living tribute ------

NATURAL RESOURCES COMMISSION 89 to a man who devoted his life to conserving the natural resources of Michigan for the present and future ~lfare of its people. "Be it Resolved by the Michigan Natural Resources Commission on-September 13, 1974, at Escanaba. Michigan, that the Visitor Center at Fayette State Park be • named the A. Gene Gazlay Visitor Center."

It was moved by Mr. La1tala, supported by Mr. Johnson. that the abov~ resolution be adopted. The question being stated by the Chair, the motion prevailed.

The following resolution was presented to the Commission:

BE IT RESOLVED that the Natural Resources Commission hereby delegaees its authority to issue and/or revoke. or both. licenses for disposal areas and refuse trans­ porting units to either the Director of the Department of Natural Resources or the Deputy Director of the Environmental Protection Branch. as required by sec­ tiona 4. 5. 6a. and 7a of Act 87. Public Acts of 1965, as amended.

THE COMHlSSION further delegates the authority to approve or disapprove the re­ ports for refuse disposal needs to either the Director of the Department of Natural Resources or the Deputy Director of the Environmental Protection Branch. as required by section 7b of Act 87. Public Acts of 1965. as amended.

It was moved by Mr. Pridgeon. supported by Mrs. Wolfe. that the above resolution be adopted. The question being stated by the Chair, the motion prevailed.

Acting Director Jenkins reported that, thanks to a contribution from the Pointe Mouillee Waterfowlers Association, a whistling swan had been collared and named in 1III!1IIDry of A. Gene Gazlay. The Coaaission expressed its thanks to the Association. Chairman Snell read the following proposed Resolution: "On significant or controversial policy matters where there is a significant difference of opinion within the Department, the COUDission requests that the various viewpOints be presented to it when making the decision." He asked that the Resolution be printed in the October meeting agenda. CODaissioner Johnson made a statement concerning the time constraint placed upon the Commission to express its views on proposed designations of wilderness areas in Sleeping Bear nunes National Lakeshore. He said that, upon learning any Com­ mission expression had to be dated no later than August 12, 1974, he polled the Commissioners by telephone on that date and obtained their unanimous approval to recommend that Areas I, 2 and 3 (North and South Manitou Islands, and Otter Creek) be designated as wilderness. He read a letter be had sent to J. A. Martinek, Lakeshore superintendent, on August 12, stating the Commission's recaa.endation based on the telephone poll. (Copy of text is on file in the Director's office.)

It was moved by Mr. Johnson, supported by Mrs. Wolfe, that the above recommendation be approved. The question being stated by the Chair, the motion prevailed.. ------_._------~------.----"------

Fisheries Land Acquisition - Fife Lake State Forest The following memorandum was presented to the Commission: August 28, 1974

Memorandum to the Director: Boardman River Stream Bank Access - Revision of Contract Terms 106.00 acres - $583.96 per acre - $61,900.00 (2,900 feet on Boardman River - $21.35 per foot) This case was approved by the Commission at the April, 1974, meeting. No minerals were reserved in the option. Subsequent bonus bids for minerals in the recent Oil and Gas Lease sale in this county focused much public attention on these potential f val!ltt· ! i j j l I 90 September 12-13. 1974 The owner has now advised her attorney that she will not complete the contract sale unless we permit a mineral reservation. The alternative is legal IR:tion to enforce the contract. Any drilling activity would need to be approved under the policy requirement that it be ~ mile or more from the Boardman River. which in effect would be a "non-development" lesse involving sub-surface drainage froll other adjoining upland drilling locations. ~ of SW Frl.~ lying S of Boardman River. Sec. 18. T 26 N._R_10W,.and ~ of S~ except 4 acres more or less on S'ly side of Boardman River, Sec. 13 T 26 N, R 11 W - Grand Traverse County Vendor: Frankie Claudia Bolling. Traverse City. Michigan Reservation: Subject to reservation by vendor of right to lease, drill, explore or remove oil and gas under drill permit regulations acceptable to this Department. Other Reservations and Stipulations: See April. 1974 approval Appraisal: Total of $61,900.00 Relocation Cos ts : None It is recommended that this tract be purchased under revised conditions above noted under authority of Sec. 3, Act 17. Public Acts of 1921, as amended (page 92. Laws Relating to State Lands, 1966 edition), with payment to be made from Public Recreation Bond funds appropriated by the Legislature for Fisheries Land AcquiSition, to the limit of available funds in the account for the year 1970-1971, with the remaining payment to be made from 1971-1972 appropriation.

ROBERTG. WOOD Lands Division

WAYNE H. TODY Fisheries Division I have analayzed and discussed this recommendation with the Bureau Chiefs and staff and we concur.

DAVID H. JENKINS Acting Director

It was moved by Mr. Johnson, supported by Mr. Pridgeon, that the DNR should exer­ cise its option as originally taken with Frankie Cla.udia Bolling on the Boardman River Stream Bank Access Site (without the mineral rights reserva­ tion) • Motion carried unanimously.

Farmland and Open SpacePrese-rvation

The following memorandum was presented to the COllIlIIission: September 10, 1974 Memorandum to tbe Director:

Act 116 of the Public Acts of 1974 is an Act to provide for farmland development rights agreements and open space development rights easements; to prescribe the duties of the state land use agency; to prescribe the duties of local governing bodies; to prescribe the powers and duties of certsin state depsrtments; and to prescribe penalties. Section 17 of the Act provides for the promulgstion of administrative rules. The accompanying draft of such rules is submitted for tentative adoption by the Commission of Natural Resources as the first step in their promulgation. Pursuant to the tentative adoption tbe proposed rules will be offered at public hearing.

KARL R. HOSFORD Office of Land Use I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur. DAVID H. JENKINS Acting Director It was moved by Mr. Pridgeon. supported by Mrs. Wolte. that the above recommendation ceapproved. The question being stated by the Chair, the motion prevailed. NATURAL RESOURCES COMMISSION 91 Waterways Commission Minutes The following memorandum vas presented to the Commission: • August 23, 1974

Memorandum to the Director: Enclosed are the Minutes of the meeting of the Michigan State Waterways Commission held August 15-16, 1974, which make certain recommendations to the Natural Resources Commission. Because all of the action taken by the Waterways Commission ~s advisory in nature, it is recommended these Minutes be transmitted to the Natural Resources Commission for formal adoption. This approval, if granted, will ratify the-recommendations of the Waterways Commission and have the effect of formalizing their action.

KEITH WILSON Waterways Division I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur with the recommended action of the Waterways Commission excluding the items titled a) Canoe Livery Use of PAS; b) Rules and Regulations; and c) ~­ pensation for Commission Members. These items require further clarification and coordination with other Department related activities. They will be resubmitted to the Natural Resources Commission after review with the Waterways Commission for action at a later date. DAVID H. JENKINS Acting Director (Copy of the August Waterways Commission minutes on file in the Director's office.)

It vas moved by Mr. Whiteley, supported by Mr. Laitala, that the August, 1974, minutes of the Wate~s Commission be approved with the deletion of the section titled "Rules and Regulations". The question being stated by the Chair, the motion prevailed. • Proposed Rules of the Department Relating to the Disbursement of Air Pollution Surveillance Fees to· Local Governmental AgenCies The following memorandum vas presented t9 the Commission: August 26, 1974

Memorandum to the Director: At the July meeting of the Natural Resources Commission, Ul'on recommendation by the Air Pollution Control Commission, approved proposed rules of the Department of Natural Resources relating to the disbursement of air pollution surveillance fees to local governmental agencies for purposes of public hearing. Public hearings on the proposed rules were scheduled by staff and held on August 2, 1974, in Lansing. Primary interest in the rules was expressed by local governmental agencies. The prOVisions of Section l4a(2) of Act No. 348 of the Public Acts of 1965, as amended (the Air Pollution Control Act), authorize the Air Pollution Control Commission to return to local governmental agencies with State Air Pollution Implementation Plan recognized air pollution control programs a portion of the State's air pollution surveillance fees. These fees are to be used to implement and undertake air pollution control functions and activities which have been delegated to local agencies by the Air Pollution Control Commission. Accordingly, the purpose of the proposed rules is to set forth specific procedures by which the Department shall implement the prOvisions of Section l4a(2) of Act No. 348. These proposed rules have been determined necessary by the Office of the Attorney General. Basically the proposed rules set forth the following: 1. Requirements that any local agency requesting a portion of the surveillance fees submit an application to the Department. Within the rules, a list of f ____items which the local agency is required to submit with the application is prescribed. I ! I .1 92 September 12-13, 1974

2. A provision for public hearings on local agency prograa descriptions and applications. 3. Provisions by which the Air Pollution Control Commission reviews the local agency's application and prograa description and recommends to the Director the portions of the fees which may be returned to that local agency for the conduct of its air pollution control prograa. 4. A requirement that the local agency enter into a contract .with the Director setting forth the means by which the surveillance fees shall be utilized by the local agency to conduct air pollution control activities under its jurisdiction. 5. Certain special conditions required prior to the disbursement of surveillance fees. 6. Audit procedures by local agencies for expenditure of the "surveillance fee funds. 7. The means by which surveillance fees will be disbursed by the Director to a local agency, and the means by which the Director may withhold disbursement of surveillance fees upon violation of the terms of the contract. S. An appeals procedure which the local agency may pursue if it finds itself aggrieved by the actions of the Director in withholding surveillance fee funds. Based upon the public hearing record and any comments which were received by mail by the Air Pollution Control Division prior to the date the hearing record was closed (August 16, 1974) staff reviewed with the Commission a few proposed changes in the original proposed rule. After its review of the proposed rules and the recommended changes, the Air Pollution Control Commission at its August 20, 1974, regular monthly meeting recommended to the Natural Resources Commission that the revised proposed rule (on file in the Director's office) be approved. Accordingly, it is the recommendation of the staff that the Natural Resources Commission concur in the recommendation of the Air Pollution Control Commission and direct staff to submit the revised proposed rules to the Legislative Service Bureau, the Office of the Attorney General, and the Joint Legislative Rules Committee for formal approval. Following approval by these three entities, the Natural Resources Commission will then be in a position to formslly adopt and pro­ mulgate the proposed rules. Following promulgation by the Natural Resources Com­ mission, the rules will be transmitted to the Governor's office for the Governor's review and approval and to the Office of the Secretary of State for filing. The rules will become effective fifteen days after filing with the Secretary of State.

LEE E. JAGER Air Pollution Control

RALPH W. PURDY Environmental Protection Branch

I have analyzed and discussed these recommendations with the Deputy Director and staff and we concur.

DAVID H. JENKINS Acting Director

It was moved by Mrs. Wolfe, supported by Mr. Whiteley, that the above recommendations be approved. The question being stated by the Chair, the motion prevailed.

Amendment to Administrative Rules - The Subdivision Control Act The following memorandum was presented to the Commission:

Memorandum to the Director: The amendments (on file in the Director's office) to the administrative rules for the determination and establishment of flood plain areas of rivers, streaas, creeks or lakes adopted under authority of Section 105 (f) and building within areas affected by a flood plain"adopted under authority of Section 194(a) of Act NATURAL RESOURCES COMMISSION 93 288, Public Acts of 1967 (The Subdivision Control Act) are for review and approval by the Natural Resources Commission. The amendments propose to change the regulatory flood for subdivision approval or rejection froa a 50-year recurrence interval to a 100-year recurrence interval to correspond to our present floodway control amendment to ~ct 245, Public Acts of 1929 as amended by Act 167, Public Acts of 1968 and to the Federal Flood In­ surance requirements. The amendments also will replace reference to the Water Resources Commission with Department of Natural Resources in accordance with Executive Order and clarify the requirements of flood proofing of basement~ con­ structed below the flood plain elevation. The amendments were discussed and approved by the Plat Advisory Committee which meets periodically to discuss changes and procedures in the administration of the Subdivision Control Act. With your and the Commission's approval, we will schedule the rules for public hearings in accordancw with the Administrative Procedures Act.

DALE W. GRANGER Hydrological Survey Division

WILLIAM G. TURNEY, Chief Bureau of Water Management I have reviewed and discussed this recommendation with the Bureau Chiefs and staff and we concur.

DAVID H. JENKINS Acting Director It was moved by Mrs. Wolfe, supported by Mr. Whiteley, that the above recommendation be approved. The question being stated by the Chair, the motion prevailed.

Mine Reclamation: Proposed Rules (tentative)

The following memorandum was presented to the Commission: August 26, 1974

Memorandum to the Director: Act 92 of the Public Acts of 1970, as amended by Section 425.181 of the compiled lave of 1948 is an Act to provide for the reclamation of lands subject to the mining of certain minerals; to control possible adverse environmental effects of mining; to preserve the natural resources; to encourage the planning of future land use; and to promote the orderly development of mining. the encouragement of good mining practices. and the recognition and identification of the beneficial aspects of mining. Section 3 of the Act provides for the promulgation of administrative rules. The draft of such rules (on file in the Director's office) is submitted for tentative adoption by the Commission of Natural Resources as the first step in their promul­ gation. Pursuant to the tentative adoption the proposed rules will be offered at public hearing.

ARTHUR E. SLAUGHTER Geological Survey Division I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur.

DAVID R. JENKINS Acting Director It vas moved by Mr. Laitala. supported by Mr. Whiteley, that the above recommendation be approved. The question being stated by the Chair, the motion prevailed. 94 September 12-13, 1974 Request for Extension of Time to Implement Natural River Zoning Along the Betsie and Rogue Rivers The following memorandum was presented to the Commission: August 27, 1974

Memorandum to the Director: The Betsie River, Benzie and Manistee counties, and the Rogue River, Kent County, were designated natural rivers by the Natural Resources Commission on August 9, 1973. Upon designation, letters were sent to the respective local units of government (concerned townships and counties) notifying them of th.e. designation and their responsibility to enact zoning ordinances to protect these rivers -by August 31, 1974. Act 231, P.A. 1970 states "if the local unit does not, within one year after notice from the CommisSion, have in full force and effect a zoning ordinance or interim zoning ordinance established under authority of the acts cited in section 11. the Commission, on its own Illotion, may promulgate a zoning rule". The Office of Planning Services has received letters fra. the Benzie County Plan­ ning Commission; Manistee County Planning Commission; and Algoma, Tyrone, Plainfield. and Sparta townships, Kent County, requesting an extension of time in implementing natural river zoning along their respective rivers. We have been working with these units of government and are aware that they have made sincere efforts to protect the Betsie and Rogue rivers by writing zoning ordinances which will implement the plans developed under the Natural Rivers Act. The Natural Rivers Program provided incentive in Manistee County to develop a county-wide zoning ordinance which will incorporate the natural rivers plan. We, therefore. recommend that the Natural Resources Commission honor these requests and grant additional time to complete and implement the necessary zoning ordinances, with the understanding that they will be completed by or close to the following dates: Algoma, Tyrone, Plainfield and Sparta townships, Kent County, have requested an estension until February 15, 1975. Benzie County has requested an extension until December 31. 1974. Mansitee County has requested an extension until April 15. 1975.

NORMAN F. SMITH Office of Planning Services

I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur.

DAVID H. JENKINS Acting Director

It vas moved by Mrs. Wolfe, supported by Mr. 1&1tala, that the above recommendations be approved. The question being stated by the Chair, the motion prevailed.

Abandoned Property in the Great Lakes and Lake St. Clair The following memorandum vas presented to the Commission: August 26, 1974

Memorandum to the Director: The Great Lakes were avenues of travel long before the white man came to their shores. The vhite man followed the example of the Indian and used them for travel and commerce from the day of discovery. The Great Lakes and the ships that plied their waters are a precious part of Michigan's heritage. Over 3,000 ships have sunk beneath the waters of the Great Lakes since 1800. These shipwrecks have archaeological and historical significance to the state and its citizens. The unregulated and unsupervised recovery of artifacts and treasure from submerged­ wrecks by scuba divers and commercial salvors is resulting in .the destruction of the ships and, in many eases, the loss of irreplaceable scientific and historical NATURAL RESOURCES COMMISSION 95 information which rightfully are a part of the heritage. In the years since World War II, a great many ships have been stripp,ed, the artifacts taken h01ll8 to-grace a mantel or gather dust in the ~ttic. At the rate of loss, few shipwrecks will • remain. Future generations of divers will have little or nothing of interest to dive on. The Attorney General, in a letter opinion dated April 1, 1~74, urged the depart­ ment to promulgate rules under Act No. 17 of the Public Acts oL192l fo~ the pro­ tection of abandoned properties. including shipwrecks, lying on the bottomlands of the Great Lakes. Said bottomland. belong to the State of Michigan and by statute the department has the authority to administer them. Therefore. the Law Enforcement Division recommenda that the proposed rules (on file in the Director's office) entitled, "Abandoned Property in the Great Lakes and Lake St. Clair", be given tentative approval by the Natural Resources Com­ mission. Authority for such approval is found in Act. No. 17 of tne'Public Acts of 1921, as amended (page 72, 1972 Natural Resources Laws). These rules will follow the Administrative Procedures Act.

G. M. DAHL Law Enforcement Division

I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur. DAVID R. JENKINS Acting Director

It was moved by Mr. Pridgeon, supported by Mr. Whiteley, that the above recommendations be approved. The question being stated by the Chair, the motion prevailed.

Fish Egg Taking Concession - Ludington and Benzie State Parks

The following memorandum was presented to the Commission: August 13, 1974

Memoranda. to the Director: Seven sealed bid proposals offering to operate the Fish Cleaning concessions at Ludington and Benzie State Parks'were opened July 16, 1974. and results were as follows. Bid (Per Pound of Eggs) Name Ludington ~ NOble Limited. Inc. 71 cents 17 cents 3209 Burlingame Avenue, SW Grand Rapids, Michigan 49509 D. E. Rogers 22 cents 22 cents 202 N. Robert Street Ludington, Michigan 49431

John Schermer 70 cents 30 cents RI2, P.O. Box 211 Fennville, Michigan 49408

Tempotech Industries 62~ cents 46 cents Robert J. Gehl 538 East 40th Street Holland, Michigan 49423 The bids received from Noble Limited, Inc., were not considered, as the necessary bid guarantee check was not included with either bid. Mr. D. E. Rogers asked that his bid be withdrawn when he learned of the price of the others. It is recommended that a lease be granted to John Schermer for in accordance with his bid of 70 cents per pound of eggs and to Tempotech Industries for Benzie State Park in accordance with their bid of 46 cents per pound of eggs. • 96 September 12-13, 1974

It is recommended under authority of Section 5, Act 218, P.A. of 1919 as amended (page 190 of Natural Resources Laws, revision of 1972) that these leases De granted.

O. J. SCHERSCHLIGT Parks Division

I have analyzed and discussed this recommendation with the Bureau ~iefs and staff and we concur.

DAVID H. JENKINS Acting Director

It was moved by Mr. Laitala, supported by Mr. Johnson, that the "above recollDl1endation be approved. The question being stated by the Chair, the motion" prevailed •

• Review of Evidence - Tallman Case

Chairman Snell inquired why the item relating to the review of evidence in the ease of intended suspension of the commercial fishing license of Roger Tallman of Fayette was in the agenda. Warren W. Shapton, Bureau Chief for Field Operations, explained that it was a necessary procedural step under the law, and added that Tallman had appealed the intended suspension to Circuit Court. Snell expressed concern over the Commission getting involved in the proceedings at that point, noting the possibility of being cited for contempt of court. He suggested the Commission should obtain an Attorney General's opinion before acting. Following further discussion, it was decided the Tallman license suspension item should be withdrawn from the agenda.

Watercraft Controls

The following memorandums were presented to the Commission: August 15, 1974

Memorandum to the Director:

Control of watercraft on the waters of the Tittabawassee River, Billings and Hay Townships, Gladwin County. After a number of complaints had been received by the Law Enforcement Division regarding watercraft problems on the Tittabawassee River and Billings Township was contacted and they expressed an interest in having the boating problems on the river investigated, they sent a resolution to the Department on September 10, 1973. The river was investigated on September 26, 1973. It was found that the width of the channel is restricted by submerged stumps and a heavy growth of weeds during the summer months resulting in a channel approximately 150 feet wide. Up­ stre.. froa Estey Road Bridge, the river is shallow and has many emergent stumps. Other areas of the river, this being an impounded area, have widths extending to 2,400 feet. There is a State Public Access at Estey Road and the shore of the river is lined with dwellings. This section of the river had been investigated previously on request of local government. Rules recommended have been rejected. In this instance, the rules providing for a slow-no wake speed on this portion of the river were opposed at the public hearing of February 22, 1974. Of the 65 people present at the hearing, many felt that some rules were necessary. An attempt was made to arrive at some sort of compromise that would be conducive to boating safety on the Tittabawsssee River. We are informed by one of the concerned townships that they did not wish to be involved in this situation. It is recommended that under the provisions of Section 15. Act 303, Public Acts of 1967, as amended (pages 53 and 54, Laws Relating to Natural Resources, revision of 1972), the tentative approval by the Natural Resources COIIDI1ission of local watercraft controls for the Tittabawassee River, Billings and Hay Town­ ships, Gladwin County, be rescinded and that further action be taken only at the request of the Townships along the Tittabawassee River, or the Gladwin County Board of Commissioners. NATURAL RESOURCES COMMISSION 97 Memorandum to the Director: August IS, 1974 Control of watercraft on the waters of Rifle Lake, Hill Township, Ogemaw County On August 7. 1973, the Hill Township Board sent the Department a resolution in which they cited what they felt were several areas of boating problem. on Rifle Lake. These consisted of unestablished water skiing hours, disregard of water safety rules and regulations of high-speed boats and an increased congestion and heavier boat traffic. . Rifle Lake was investigated on August IS, 1973. It was found that traffic had increased on Rifle Lake since the two previOUS investigations that had been con­ ducted at the request of the Township Board. Interviews with persons on the lake indicated the primary trouble was a conflict between high-speed boaters, water skiers and fishermen. Two public hearings were held. One of these being on April lq, 1974, at which . _'. '7.' an inquiry was made; and the second on June 6, 1974, at which time tentatively approved rules that would have provided a time-sharing rule on Rifle Lake were presented. At both hearings, the persons in attendance appeared to be evenly divided as opposing or favoring rules. The Township acted on an action taken at a meeting of the Rifle Lake Property Owners Association in which this group had decided against the rules. Accordingly, the Township Board rejected the controls that had been previously tentatively approved by the Natural Resources Commission on October 12, 1973. It is recommended that under the provisions of Section 15, Act 303, Public Acts of 1967, as amended (pages 53 and 54, Laws Relating to Natural Resources, revision of 1972), the tentative approval by the Natural Resources Commission of local watercraft controls for Rifle Lake, Hill Township, Ogemaw County, be rescinded and that further action be taken only at the request of the Hill Township Board.

August 15. 1974

Memorandum to the Director: Control of watercraft on the waters of the Black River, City of Croswell, Sanilac County. On July 2, 1973, the Croswell City Council submitted a resolution to the Depart­ ment requesting assistance in resolving watercraft problema experienced on the Black River. The resolution alluded to conflict of use and congestion problems on the river. Black River was investigated on July 23, 1973. It was found that the river, at the City of Croswell, is quite narrow with the existence of several blind spots • caused by sharp bends in the river flow. Swimldng is quite popular at the City Park and several other locations along the river. Interviewa with persons on the river indicated that there existed a conflict of use hazard between high-speed boaters and the swimming section. Two public hearings were held. The first hearing was held on February 25, 1974, and the second on July 19, 1974. At both hearings a division of opinion as to resolving the watercraft conflicts was presented. The Croswell City Council has rejected proposals for slow-no wake controls, as well as controls prohibiting high­ speed boating and water skiing. A resolution from the Council was received on August 5, 1974, indicating this disapproval. It is recommended that under the provisions of Section 15, Act 303, Public Acts of 1967, as amended (pages 53 and 54, Laws Relating to Natural Resources, revision of 1972), the tentative approval by the Natural Resources Commission of local watercraft controls for the Black River, City of Croswell, Sanilac County, be rescinded and that further action be taken only at the request of the local units of government.

August 15, 1974

Memorandum to the Director:

Control of watercraft on the waters of Sapphire Lake, Lake Township, Missaukee County Acting on the request of the Lake Township Board in their resolution of July 2, 1973, Sapphire Lake was investigated and a public hearing held on February 21, 1974. At the hearing, controls were presented that had been previously tentatively approved by the-Natural Resources Commission in their action of October 12, 1973. 98 September 12-13. 1974

The controls proposed to prohibit high-speed boating and water skiing from four 8m4ll bays. Persons boating at high speed within these small bays caused-a hazard to lighter fishing boats. At the public hearing, the controls were supported by the people in attendance. However, due to the small number of people in attendance, the township requested that the hearing be held during the coming summer. This was done and when the rules were presented again, the previous support was totally re­ versed. All of the people at the hearing who commented opposed~he rules. The Township Board notified the Department in their resolution of July 12, 1974, that they disapproved the proposed controls. It is recommended that under the provisions of Section 15, Act 303,Publ~c Acts of 1967, as amended (pages 53 and 54, Laws Relating to Natural Resources, revision of 1972), the tentative approval by the Natural Resources Commission to local water­ craft controls for Sapphire Lake, Lake Township, Missaukee County, be rescinded and that further action be taken only at the request of the Lake Township Board.

G. M. DAHL Law Enforcement Division I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur.

DAVID R. JENKINS Acting Director

It was moved by Mr. Laitala. supported by Mr. Whiteley, that the above recommendations be approved. The question being stated by the Chair. the motion prevailed.

1974 Hunting Season for Ducks. Geese and Other Migratory Birds (Confirming)

The following memorandum was presented to the Commission: August 23. 1974 Memorandum to the Director:

Action by the Natural Resources Commission is necessary to finalize regulations for the hunting and taking of geese, ducks and coots, except for certain regulations _ presented as "final" in our preliminary waterfowl memorandum and approved by the Commission at the August meeting. The 1974 regulations on seasons, bag limits, point values and special scaup areas herein presented were tentatively approved by the Commission by a telephone poll of the members on August 12, 1974. Still necessary is final adoption by the Commission of the seasons, bag limits and usual federal regulations on use of guns. motors and other such rules. Special features of the 1974 regulations are as follows: 1. The duck season to open in the Upper Peninsula on Wednesday, October 2 and to extend through Wednesday, November 20 (50 days). The duck season in the Lower Peninsula to start on Wednesday, October 9 and extend through Wednes­ day, Nov 23 (43 days). 2. A point system regulation be used again. The daily bag is 100 points, with each species or sex of duck and merganser assigned a point value based on its abundance or scarcity. A hunter will be permited to take from 1 to 7 birds daily depending on his shooting selectivity. 3. A continuation of last year's hunting closure on canvasbacks and redheads in historically high harvest areas for-these species. Those counties closed by the federal government are Arenac, Bay, Huron, Macomb, Monroe, St. Clair, Tuscola and Wayne. 4. The goose season in Zone 1 to start on October 2 and extend through November 30, except in the Seney Goose Management Area where the season is October 2 through October 30. In Zones 2 and 3 the goose season to start on October 9 and extend through November 3D, except in the Saginaw County Goose Manage­ ment Area where the season will be from October 2 through November 30; and in the Allegan County Goose.Management Area where the season will be from October 22 through November 14. 5. A "scaup-only" seaaon starting Thursday, November 21 and extending through Friday, December 6 on designated waters that have a huntab1e population of scaup and a minimum number of other species (especially canvasbacks and redheads). NATURAL RESOURCES COMMISSION 99

6. The shooting hours will be uniform and simplified as approved by th~ Com­ mission in June. The opening hour on October 2 in the Upper l'eninsula is 12:00 noon as required by the federal government. • The Wildlife and Law Enforcement divisions recommend that under authority of

Sections 10, lOa, 11 and 12, Chapter II, Act 286, P.A. 19294 as amended (pp. 144, 147, 149, 150 and 151 of Laws Relating to Natural Resources. revision of 1972), the Natural Resources Commission hereby confirm and establish the following regulations governing the hunting and taking of waterfowl and other migratory game birds.

(Regulations on file with Executive Assistant.) MERRILL L. PETOSKEY Wildlife Di~ision

GEORGE M. DAHL Law Enforcement Division

I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur.

DAVID H. JENKINS Acting Director

It vas moved by Mr. Whiteley, supported by Mr. Laitala, that the above recommendations be approved. The question being stated by the Chair, the motion prevailed.

Establishment of River Raisin Watershed Council

The following memorandum vas presented to the Commission: August 30. 1974

Memorandum to the Director: The Department of Natural Resources has received proper petitions from three municipal units of government within the River Raisin Watershed. The cities of Saline and Milan and the Village of Manchester have petitioned for the establish­ ment of a Watershed Council in order to promote cooperation among local govern­ ments in river management. The petitions are in proper order and comply fully with all the requirements of Act 253, Public Acts of 1964. In addition to the petitions, the municipal units have provided: 1. A statement of necessity, 2. A description of general purposes and functions, 3. A description of the area, including a map, and 4. A list of local governmental units eligible for membership in the Watershed Council. an file in the Director's office; you will find a proposed Order for Adontinn h" f"h .. Natural Resources Commission in accordance with Section 3(2) of Act 253. The act further provides that an organizational meeting shall be called by the Department not sooner than 60 days nor more than 90 days after date of mailing of notice of adopting this Order to said local governments. With adoption of this Order by the Commission, staff is ready to assist the Director in conducting said organizational meeting.

DALE W. GRANGER Hydrological Survey Division WILLIAM G. TURNEY Bureau of Water Management

I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur. DAVID H. JENKINS f Acting Director

I! i• \ 100 September 12-13, 1974

1 It was moved by Mr. Laitala, supported by Mrs. Wolfe~ that the above recommendation be approved. The question being stated by the Chair, the motion .prevaiied.

Land Matters

The foliowing memorandums vere presented to the Commission:

August 26,.1974

Memorandum to the Director:

Park Land Acquisition - Algonac State Park (1) 5.90 acres - $1,050.85 per acre - $6,200.00 (optioned at appraisal) (2) 6.10 acres - $1,016.39 per acre $6,200.00 (optioned at appraisal) These two adjacent tracts along with a parcel approved by Commission action in June, connect disjointed State-owned parcels and permit further trail and nature study areas as anticipated under a recently adopted master plan for the park. The northwestern half of both tracts has a cover of hardwoods while the south- easterly portion has a brush cover. (1) That part of the NE'ly 148 feet of the SW'ly 296 feet of P. C. 318 lying Nand W of the Marine City Dredge Cut except the NW'ly 3,460 feet thereof, T 3 N, R 16 E, St. Clair County Vendors: Mrs. Catherine A. Beattie and Mrs. Mary P. Rose, Algonac, Michigan Option Expires: November 5, 1974 Reservations: Vendors and their heirs and/or assigns for a period of ten years from date of deed reserve the right to operate, produce, and remove oil and gas. Appraisal: Land $6,200.00, improvements 0, timber 0; total $6,200.00 Relocation Costs: None (2) That part of the SW'ly 148 feet of P. C. 318 lying N and W of Karine City Dredge Cut except NW'ly 3,460 feet thereof, T 3 N, R 16 E, St. Clair County Vendor: Francis R. Crevier, Algonac. Michigan Option Expires: November 5. 1974 Reservations: Vendor and his heirs and/or assigns for a period of ten years from date of deed reserve the right to operate, produce, and remove oil and gas. Appraisal: Land $6.200.00, improvements 0, timber 0; total $6,200.00 Relocation Costs: None It is recommended that these tracts be approved for purchase under authority of Sec. 3, Act 17, Public Acts of 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition) with payments to be made from Public Recreation Bond funds as appropriated by the Legislature for various parks and recreation areas in the year 1972-1973.

August 26, 1974

Memorandum to the Director: Park Land Acquisition - Muskallonge Lake State Park 10.22 acres - $4,821.92 per acre with improvements - $49,280.00 825 feet of Lake Superior frontage - $59.73 per front foot (optioned at 10 per cent over appraisal)' -j Acquisition of this tract will add to public ownership land currently heavily ! used by the public. 1 The offered property is the original Deer Park Coast Guard Station. Most of the original buildings are still standing in varying degrees of repair. There are also 2 new small cottages included with the property. Part of Gov't Lots 3 and 4, commencing at the E meander corner of said Gov't Lot 4, tho N 20 0 E 48.7 feet and N 85 0 W 75 rods to the point of beginning, tho S 14 rods, N 85 0 W 50 rods, N 14 rods. S 850 E 50 rods to the point of beginning, Sec. I, T 49 N, R 11 W - Luce County NATURAL RESOURCES COMMISSION 101

Vendor: Hilda Helen St. Peter, East Detroit, Michigan Option Expires: November 4, 1974 Reservations: None • Appraisal: Land $28,875.00, improvements $15,925.00, timber 0; total $44,800.00 Relocation Costs: Under $500.00 It is recommended that: (1) This tract be approved for purchase under authority of Sec. 3. Act 17, Public Acts of 1921, as amended (page 92, Laws Relating to State Lands. 1966 edition) with payments to be made fra. Public Recreation Bonds as appropriated by the Legislature for Park Land Acquisition in the Muskallonge Lake State Park for 1970~1971: (2) The buildings be used or disposed of as directed by the Parks Division when acquired. ROBERT G. WOOD Lands Division

O. J. SCHERSCHLIGT Parks Division

August 26, 1975

Memorandum to the Director: Wildlife Land Acquisition - Southern Michigan Game Lands and Dedication Columbia Township Mini-Game Area No. 3 71.69 acres - $502.16 per acre - $36,000.00 (optioned at 6.5 per cent over appraisal) This tract is located in northwest Tuscola County and corners on 132 acres of existing State ownership managed for pheasant habitat purposes. Nearly half of the tract is brush covered with the cleared land containing some drainage tile. Investigation reveals that the tract is well suited for game management pur- poses and will provide particularly good winter cover for pheasants. ~ of NW% except railroad right of way, also except commencing at N~ post of Sec. 15. th. S on N-~ line 532 feet to the point of beginning, S 379.5 feet, W 495 feet, N 379.5 feet, E 495 feet to said point of beginning. but including right to cross W 330 feet of the excepted parcel to maintain existing drainage system, Sec. 15, T 14 N, R 9 E - Tuscola County • Vendor: Hazel Scharf, Unionville, Michigan Reservation: (a) Vendor reserves Lessor's interest in a 10 year prime term Oil and Gas Lease dated December 9, 1970. (b) Vendor reserves use rights until December 31, 1974. Appraisal: Land $33,800.00, timber 0, improvements 0; total $33,800.00 Relocation Costs: None It is recommended that: (1) This tract be approved for purchase under authority of Sec. 3, Act 17, Pub­ lic Acts of 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition) with payment to be made from the Public Recreation Bond Funds as appropriated by the Legislature for the year 1973-1974 for Southern Michigan Game Lands for Pheasant Habitat for Bay, Saginaw, Allegan, Ottawa, Tuscola, Huron Counties. (2) The'above described area be dedicated as Columbia Township, Mini-Game Area No. 3 following completion of the purchase.

August 26, 1974

Memorandum to the Director: Wildlife Land Acquisition - Deeryard Habitat - Sturgeon River State Forest - Camp Suicide Deeryard Undivided ~ interest in 80 acres - $60.00 per acre - $2,400.00 (optioned at appraisal) This unimproved 80 acre parcel is located in the east central portion of Dickinson County and blocks in well with other State ownership. The State of Michigan has owned the remaining interest in this parcel since 1939. Timber has been managed under a joint agreement by vendors and Forestry Division. Acquisition of this interest--will provide the State with complete ownership of the surface rights. 102 September 12-13, 1974

This land has been investigated to determine its suitability for deeryard management purposes and found well suited for these purposes. N'1 of NVt, Sec. 19, T 41 N, R 28 W - Dickinson County Vendor: Orville S. Hatle, Iron Mountain, Michigan Option Expires: October 29, 1974 Subjections and Reservations: Timber rights subject to-timber sale terms until April 1, 1977; Vendor reserves his share of sale benefits. Appraisal: Land $4,800.00, timber 0, improvements 0; Sub-total $4,800.00, Total for ~ interest: $2,400.00 Relocation Costs: None It is recommended that: (1) The tract be approved for purchase under authority of Sec;.· 3, Act 17, Public Acts of 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition) with payment to be made from Public Recreation Bond Funds for year 1970- 1971 for Northern Michigan Deeryarding Areas for Dickinson County. (2) This tract be clearly identified for deer range management as a principal land use within the boundaries of the dedicated State Forest.

August 26, 1974

Memorandum to the Director:

Wildlife Land Acquisition - Scarce Habitat - Osceola County - Prairie Chicken Management Area 10.00 acres and improvements - $18,000.00 (optioned 2.8 per cent over appraisal) Acquisition of this improved parcel, expected from a prior purchase with the vendor, will consolidate ownership adjacent to the nucleus of the proposed 4 square mile Prairie Chicken Management Area, and prevent further subdivision of ~ mile of Highway M-66 frontage. This tract has been investigated to determine its suitability for scarce habitat management purposes and found well suited for these uses. W 1/8 of S'1 of ~, Sec. 3, T 20 N, R 7 W - Osceola County Vendor: John Rozeveld, McBain, Michigan Option Expires: November 10, 1974 Reservations: Vendor reserves Lessor's interest in a 10-year prime term Oil and Gas Lease to expire September 8, 1981. Appraisal: Land $4,000.00, timber 0, improvements $13,500.00; total $17,500.00 It is recommended that: (1) Purchase be approved under authority of Sec. 3, Act 17, Public Acts of 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition) with payment to be made from Public Recreation Bond Funds as appropriated by the Legislature for the year 1970-1971 for Scarce Habitat Land Acquisition - Osceola County. (2) Following completion of purchase the buildings be used, salvaged, or sold as desired by the Wildlife Division.

August 26, 1974

Memorandum to the Director:

Wildlife Land Acquisition - Southern Michigan Game Areas - Rush Lake State Game Area 173.13 acres - $179.06 per acre - $31,000.00 (optioned at 11.9% over appraisal) . The offered vacant tract is located 4 miles east of Caseville in the southeastern portion of the Rush Lake State Game Area. The site consists of 5.77 acres of up­ land fringe fronting on McCormick Road and 167.36 acres of relicted Rush Lake bottomland. This land has been investigated to determine its suitability for game management and hunting purposes and found well suited for these uses. NW'ly 2 rods of Gov't Lot 5 adjacent and parallel to the meander line of said Gov't Lot 5 including relicted* land appurtenant thereto, Sec. 23, all that part of Gov't Lot 1 lying NW'ly of the center line of McCormick Road as now located including relicted*land appurtenant thereto, Sec. 26, T 18 N, R 11 E - Kuron County. NATURAL RESOURCES COMMISSION 103

~ As further described by boundary survey thereof. Vendor: Franklin J. Keunedy, Kinde, Michigan Option Expires: November 13, 1974 ApPTaiSal: Land $21,700.00, tmber 0, 1:mprovements 0; total $27,700.00 Relocation Costs: None Ie is recommended that this tract be approved for purchase under authority of Sec. 3, Act 1], P.A. 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition), wtth payment to be made from the Public Recreation Bend Funds as appropriated by the Legislature for the yeaT 1971~1972 for Southern Michigan Game Lands for Huron, Tuscola and Sanilac Counties to the extent of $16,000.00 with the remaining $15,000.00 from the appropriation for Bay an4Huron Counties, Wetland Areas.

ROBERT G. WOOD MERRILL L. PETOSKEY Lands Division Wildlife Division

August 26, 1974

Memorandum to the Director:

Waterway. Land AcquiSition (1) Barton Lake Public Access Expansion - Kalamazoo County 2.33 acres - $5,622.32 per acre - $13,100.00 (105 feet water frontage - $124.76 per front foot) (optioned at appraisal) The Waterways Commission has reviewed and approved the proposed purchase of this tract which adjoins the existing 1.10 acre access. Acquisition of this parcel will greatly improve access to Barton Lake located in south-central Kalamazoo Couney near Vicksburg. All that part of the N 5 acres of ~ of N~ of NE Frl.~ lying E of angling high­ way and lying E of a line extended N00 52'30" E fr01ll a point which is S 880 54' E 909.16 feet from the SW corner of S 5 acres of N 10 acres of S~ of N~ of NE Frl.~ lying E of angling highway, Sec. 27, T 4 S, R 11 W - Kalamazoo County Vendor: Mary Churchill" Vicksburg, Michigan ~tion Expires: September 21, 1974 Stipulations: (1) State to erect a chain-link fence along WOly side of above described property within 120 days of closing, and e2f Vendor may use access,.sit~ . roadway W'ly of W.J,ine. o,f .above described property for ingress and egress to vendors remaining ownersfi:.lp in said N 5 aClles of ~ of ~ of NE frl." Appraisal: Land and water $13,100.00, timber 0, improvements 0; total $13.100.00 Relocation Costs: None

(2) Long Lake Public Access ExpanSion - Kalamazoo County 3.60 acres - $15,000.00 per acre - $54,000.00 (553 feet of water frontage - $97.65 per front foot) (optioned at 9.98 per cent over appraisal, vendor to pay special assessments) The Waterways Commission has reviewed and approved porposed purchase of this im­ proved tract as an addition to the existing heavily used 2.0 acre Long Lake public access site. Long Lake is located on the west boundary of the City of Portage four miles south of Kalamazoo near the center of Kalamazoo County and includes 553 feet of Long Lake frontage. ' All that part of Lots 38-46 inclusive, 51-55 inclusive and vacated county

l,!,' __ ,. __. _____ .~i.g.hwa~ N .of N line of new location of co~tY. highway.and lying west of the following described property: Beginning at the SW corner of Lot 61 of said plat, tho S 160 E 146.6 feet to center line of Lake Road, N 84 0 33' W 477.52 feet along said center line, N 310 57' E 423.15 feet. S 59°10' E 163 feet N 0 80 58' E 72.12 feet to W line of Lot 61. S 191.8 feet to point of beginning. I except beginning at the SW corner of Lot 18 of said plat. S 55 0 31' E 42.22 feet along N'ly line of new location of Long Lake Drive. SE'ly 230.61 feet along N'ly line of said new road location which is on a curve to left (R I 1,015.49 feet) S 680 32' E 307.3 feet, N 261.16 feet to shore of Long Lake. I i ! I 104 September 12-13, 1974 ~f8~~2~8~ ~1~9~;:~ :l~~~ ~:~~e~oNp!i:~3~fWb!~~!:~~g:1~!ts:~r~u!:e;EH~rner Park, a part of Sec. 25, T 3 S, R 11 W - Kalamazoo County Vendors: William H. Schuring, Portage, Michigan, and Robert W. Bonte, Kalamazoo, Michigan Option Expires: October 8, 1974 Stipulation: Vendor to pay special sewer and water assessment leVied against '.~- . -- .. ~.: .::.;.,-::.::.;;.::;r-.~~~~~:7 said premises. Appraisal: Land and water $49,100.00, timber 0, improvements 0; total. $49,100.00 Relocation Costs: None It is recommended that: (1) Purchase of these tracts be approved under authority of Sec. 4, Act 320, Public Acts of 1947, as amended (281.501 Michigan Compiled Laws) and Se~. 3, Act 17, Public Acts of 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition) with payment to be made from the current Capital Outlay Account approp­ riation for land acquisition provided in the Waterways fund. (2) Buildings on tract 2 to be removed or salvaged following completion of the purchase as directed by the Waterways Division.

ROBERT G. WOOD Lands Division KEITH WILSON Waterways Division

August 27, 1974 Memorandum to the Director:

Dedication and Boundary of St. Johns Marshland Recreation Area St. Clair County, Clay Township, T 2 N, R 15 E, Pare of Sec. 1, 2 and PC 203; T 2 N, R 16 E, Part of Sec. 6, PC 203, 311 and 198; T 3 N, R 15 E, Pare of Sec. 25, 35, 36 and PC 203; T 3 N, R 16 E, Part of Sec. 30, 31, PC 203, 311 and 198; Ira Township, T 3 N, R 15 E, Part of Sec. 24; Cottrellville Township, T 3 N, R 16 E, Pare of Sec. 19; All lands within the follOWing description, beginning at the intersection of Highway M-29 and Perch Road, S'ly along Highway M-29 to an intersection with Drive, W'ly and SW'ly along said Anchor Bay Drive to the N Line of Blue Water Isle Plat extended, E'ly along extension and N line of said Blue Water Isle Plat to Highway M-29; SE'ly along said high­ way M-29 to W'ly line PC 311, NE'ly 3,000 feet more or less along said W'ly line PC 311 to Channel, SE'ly along said Channel to E'ly line of PC 198, NE'ly along said E'ly line to NE corner of PC 198 and intersection with Holland Road, SE'ly along Holland Road to intersection of Starrville Road, N along Starrville Road to intersection with Macomb Road, W'ly and N' ly along Macomb Road to N line Sec. 30, T 3 N, R 16 E, W'ly along said section line to ~ corner, Sec. 19, T 3 N, R 16 E, N along N-~ line to center Sec. 19, W'ly along E-~ line to intersection with Mayer and Perch Roads, W'ly along Perch Road to the point of beginning, ex­ cept that portion within the Anchor Bay Beach Plats thereof. This area totals approximately 3,000 acres of land. The wetlands habitat of Michigan, like those in other areas of North America, have been greatly reduced over the past 100 years. In his quest for a place to live, work, raise food and play, man has physically destroyed more than 50 percent of the wetlands in North America. In recent years Michigan has been losing its wetland habitat at an alarming rate each year. Much of this loss has been in the heavily populated region of southern Michigan and has included some of the most important, productive fish and wildlife habitat in our state. Marshes and their immediate uplands play an extremely important role in the com­ plicated web of life. They are the anchor of a food chain that influences many 'forms of life including man himself. They are extremely important in the life cycle of fish since many different species must spend part of their lives in a marst estuarine system. NATURAL RESOURCES COMMISSION 105

The St. Johns Marsh is a large marsh ecosystem and adjacent transition zone located in Clay Township, St. Clair County. This marsh is in danger of being destroyed by filling for residential purposes. A portion of the marsh has already been destroyed by real estate develol'lllent, and there are plans for expanding this develop1llent. The • area is attractive for develop1llent because it can offer water frontage with access to Lake St. Clair. Developers have dredged channels and have-utilized the spoil on the marsh to create building lots. This type of devel0l'lllent bas and will~ontinue to cause serious problems at all governmental levels because these bomes are located in areas of high flooding risk. During years of high lake levels, many homes are flooded, septic tanks cannot be used, and water wells are often contaminated. As a result, the general tax paying public is asked to subsidize these property owners. Therefore, it would be more economical to place this marsh in public ownership rather than con- tinue subsidizing property owners who live there. - Studies have identified the St. Johns Marsh as having high potential for public recreation and for providing habitat for waterfowl and other wetland-associated wildlife. The area supports a sizable population of ducks, coots, and other interesting marsh birds, as well as muskrat, mink, and other species of mammals

.1 which have high recreational values for the citizens of our state. Outstanding , opportunities for interpreting the interrelationships of the marsh ecosystem and the species which live there will create a valuable outdoor educational experience to visitors. The St. Johns Marsh is within a one-hour drive from the Detroit Metro­ politan Complex and will provide much needed additional recreational opportunities to those people in Detroit who wish to hunt, fish, and observe wildlife and the marsh ecosystem in a natural marsh. The Parks Division and Wildlife Division now recommend that the properties pre­ vioualy described be acquired and appropriately developed for public recreational purposes which will include such things as a wetlands interpretive center, elevated walkways and nature trails, observation towers, and appropriate day use facilities. Public Act 232, P.A. 1974, has provided $200,000 to the Department for the purpose of securing options on the subject property. Therefore it is now recommended that this area be dedicated as the St. Johns Marshland Recreation Area and acquired under authority of Section 3, Act 17, P.A. 1921 as amended (page 74, Laws Relating to Natural Resources, 1972 edition) to be managed, protected, and preserved for public recreation purposes. (Map indicating the proposed boundary for the St. Johns Marshland Recreation Area is on file in the Director's office.)

O. J. SCHERSCHLIGT Ii. L. PETOSKEY Parks Division Wildlife Division • ROBERT G. WOOD Lands Division

August 27, 1974 Memorandum to the Director:

Dedication of State Forest Land - Alpena State Forest In order to more effiCiently administer the state forests in Montmorency, Presque Isle, and Alpena counties, I recommend that by authority contained in Section 2, Act 17, P.A. 1921, as amended (pages 72 through 75 of Laws Relating to Natural Resources, Revised 1972), the following state forest dedication: All land in Alpena County now dedicated as Thunder Bay River State Forest and all lands in Range 5 East and east thereof in Presque Isle County, now part of the Black Lake State Forest, be dedicated as the Alpena State Forest. Upon dedication of the Alpena State Forest all the lands now dedicated as the Thunder Bay River State Forest in Montmorency County will remain as the Thunder Bay River State Forest. Also all the lands now dedicated as the Black Lake Stat~ Forest west of Range 5 East will remain as the Black Lake State Forest. The present Thunder Bay River State Forest (Montmorency and Alpena counties) is administered by an Area Forester with the headquarters at Atlanta. An Assistant Area Forester is stationed at the Alpena Field Office to administer the Alpena County forestry programs. Actually this arrangement is most inefficient in pro­ viding direct supervision of the assistant because the distance between the two stations is approximately 40 miles. Also the work load in Montmorency County alone ~much greater than the Area Forester can completely handle. Costwise, 106 September 12-13, 1974

particularly with the present restrictions on travel funds, the added salary cost of an Area Forester over an Assistant is more than offset by reduced travel and increased efficiency. Since the Forester at Alpena must work pretty much inde­ pendently, he should be compensated accordingly. A realignment of state forest boundaries in Montmorency and Presque Isle counties and the dedication of the Alpena State Forest with headquarters at the Alpena Field Office will result in the following major responsibilities in ~ach for~st.

Alpena State Thunder Bay River Black Lake Forest State Forest State Forest

:;..,0;', .. ; .-- State-owned land 51,655 acres 132,752 acres 138,850 acres

Private land 508,000 acres 230,000 acres 207 ,060~ acres Although the state land acreage in the Alpena State Forest is less than the average it is offset by the large acreage of private lands upon which forest management assistance requests are increasing. (Map of the proposed dedication is on file in the Director's office.)

August 28, 1974 Memorandum to the Director:

Exchange 01998 - Part of Segment 17 - Providing for reconveyance of land to Department of State Highways for preferred sale to Midland Intermediate School District In January 1974, the attorney for the Midland Intermediate School District 'asked for ~partment of Natural Resources assistance in locating State land which the school could acquire for construction of a vocational education facility, adminis­ trative offices and day care center. District and Regional personnel carefully reviewed Department land use plans and priorities and suggested release of an isolated tract of State land located near Sanford. The Department of Natural Resources acquired the subject parcel of land from the Department of State Highways in 1964 under the Land Bank Exchange agreement in which State lands excess to Highway needs are transferred to the Department of Natural Resources in exchange for limited access rights of way across State con­ servation lands. It was used by Highway during construction of US-10' Expressway as a borrow area and was left in a very rough condition. There is no timber of any consequence remaining as the cover consists mainly of interspersed mounds of earth, borrow pits and weeds with several areas wet enough to support cattails. It does not meet current objectives for Forestry or Wildlife management and no funds have been expended for either purpose. School authorities have looked at a number of potential sites, including privately owned tracts, and advise that this property is by far the most suitable for their proposed use. Although it is recommended that it be made available for school purposes, the Department of Natural Resources cannot make the transfer under existing authority because it is not tax-reverted land. However, the Commission can authorize re­ conveyance to the Department of State Highways in exchange for a Land Bank Book Credit in the amount of the original credit to Highway plus taxes subsequently paid by the Department of Natural Resources. The Department of State Highways will then sell the property to the school district in accordance with its authority and pre­ ferred sale policies relating to public agencies. It is recommended that the lands involved be reconveyed to the Department of State Highways by exchange under authority of Act 193, P.A. 1911, as amended (page 148, Laws Relating to State Lands, 1966 edition). Accommodation Exchange 01998 - Part of Segment 17, in which the Department of State Highways offers Land Bank Book Credit to the Department of Natural Resources in the amount of $3,609.15 for the following described land: (Description on file in the Director's office.)

ROBERT G. WOOD Lands Division NATURAL RESOURCES COMMISSION 107 T. E. DAW Forestry Di~ision • August 26, 1974

Memorandum to the Director:

Direct oil and gas lease Amoco Production C01IIPany, Houston, Texas, has made application for. an oil and gas lease covering 1.90 acres, more or less, of state-owned fee land under the jurisdiction of the Michigan Department of State Highways and Transportation, to c01llPlete its lease interests in a drilling unit in the S~ of SW frl. ~, Sec. 7, T 27 N, R 7 W, Kalkaska County. The applicant holds lease rights ·to tlie privately owned lands adjoining the highway property which is described as follows: Kalkaska County, Kalkaska Township T 27 N, R 7 W Control 40023 R Parcel 28 That part of Tract "A" which lies S'ly and E'ly of following described lines: Beg. at a point on W line of Tract "A" 101.22 fset N'ly of SW cerner of said Tract "A", th S 89 0 40'36" E 96.87 feet, th N 89 35'59" E 350.69 feet, th N 480 06'14" E 45.00 feet, th N 350 33'01" W 225.00 feet, more or less, to SW'ly right of way line of existing Hwy M-72, th SE'ly along said right of way line 550.00 feet, more or less, to the S line of said Tract "A". Tract "Alf - ~ of SW fr1. ":. Section 7 1.90 acres, mil The Department of Natural Resources is empowered to lease any state-owned lands for the taking of minerals upon consent of the State agency having jurisdiction and control of the lands involved. The Department of State Highways and Transportation recommends that a lease for communitization purposes be granted to the applicant. Bonus for this lease. issuance of which has been concurred in by the Geological Survey Division. has been set at $190.00. Bonuses on direct leases are based on the same rate per acre at which lease rights on adjacent lands were acquired by the applicant, or a minimum of $10.00, whichever is greater. It is recommended that a direct oil and gas lease covering the land as described be issued to the applicant, approval of such lease to be granted under the authority of Sec. 2, Act 17, P.A. 1921, as amended (page 91, Laws Relating to State Lands, 1966 edition), subject to the following special condition: • All other conditions of this lease notwithstanding, it is expressly understood and agreed that the above-described land is lessed solely for communitization purposes and that no drilling or other development work will be conducted on the leased. premises without the express written permission of the Michigan Department of State Highways and Tranportation and the Natural Resources Commission.

August 26, 1974

Memorandum to the Director: Direct oil and gas lease applications Applications have been made by Shell Oil Company, Houston, Texas, for direct oil and gas leases covering 5.63 acres, more or less, of land described as fol­ lows in which the State of Michigan owns the mineral rights: Acres Bonus Wexford County, Hanover Township VILLAGE OF BUCKLEY T 24 N, R 11 W (part of NE" of NE":, Sec. 6) Parcel beg. 74 rods S of NE corner, th W 25 rods, N 32 rods, W 20 rods, S 36 rods, E 45 rods, N 4 rods, to beg., Section 6 5.13, mIl $257.00

T 24 N, R 11 W (part of ~ of NW%, Sec. 6) Commencing 11 rods S of NW corner of sec., th E 8 %nds, S 4 rods, W 8 rodsrN 4 rods to beg., Section 6 .20 108 September 12-13, 1974

Commencing 396 feet 3 inches S of NW corner, th E- ) 8 rods. S.51~ feet, W 8 rods, N 57~ feet to ) place of beg., Section 6 .17 ) 10.00 (minimum) Wexford County, Hanover Township T 24 N, R 12 W (part of NE% of NE~, Sec. 1) Parcel beg. 11 rods W and 7 rods S of NE corner, tho S 3 rods. W 7 rods, N 3 rods. E 7 rods to beg., Section 1 .13 10.00 (minimum) State Oil and Gas Lease No. 11,790 covering two small parcels of state-owned land in T 24 N, R 11 W comprising 1.17 acres, and State Oil and Gas Lease No. 11,791 covering seven small parcels of state-owned land in T 24 N, R i2 W comprising 2.10 acres, were issued to the applicant following Commission approval -on July 13, 1973 for bonus considerations of $15.00 and $26.00 respectively. Further title search by the applicant discloses that the State owns the oil, gas and mineral rights to the above-described lands, and that the two parcels in the ~ of ~ of Section 6, T 24 N, R 11 W and the parcel in the NE~ of NE~ of Section 1, T 24 N, R 12 W were not included in the prior applications for leases to the state lands in those 40 acre tracts. All of these lands are needed by the applicant to complete its lease blocks in the forties designated. It is accordingly recommended by the Lands Division that the Commission approve amendments to the existing leases so as to include these lands. Bonuses as indi­ cated have been set as the considerations for these leases. Bonuses on direct leases are based on the same rate per acre at which lease rights on adjacent lands were acquired by the applicant, or a minimum of $10.00, whichever is greater. Approval of such lease amendments is to be granted under the authority of Sec. 12, Act 280, P.A. 1909, as amended (page 120, Laws lelating to State Lands, 1966 edition).

August 23, 1974

Memorandum to the Director:

Easements for Department Installations Instruments as indicated below have been secured from the owners of the follow­ ing described lands for the purposes indicated. The divisions administering the State lands for which these rights are needed have approved the proposed acquisitions. It is hereby recommended that these instruments be approved for acceptance under authority of Sec. 3, Act 17, Public Acts of 1921, as amended (page 92, Laws Relating to State Lands_, 1966 edition). Instrument: Easement E-1479 Grantor: Lawrence C. Hartley, Union Lake, Michigan and William D. Hartley, Rogers City, Michigan Description: Part of Gov't Lot 1, Sec. 10, T 43 N, R 35 W, Iron County Purpose: Fish Barrier, Iron Lake Outlet Consideration: $1.00 per term Term: Primary term of 10 years from June 17, 1974 with provision for subsequent terms of 5 years Instrument: Easement E-1480 Grantor: Sawyer Stoll Company, Escanaba, Michigan Description: Part of NE% of ~, Sec. 16, T 43 N, R 24 W, Marquette County Purpose: Access road to state lands in Escanaba River State Forest Consideration: $1.00 Term: Indefinite Instrument: Easement E-1481 Grantor: Sawyer Stoll Company, Escanaba, Michigan Description: Part of NE~ of S~, Sec. 17, T 43.N, R 24 W, Marquette County Purpose: Access road to state lands in Escanaba River State Forest Consideration: $1.00 Term: Indefinite Instrument: Easement E-l482 Grantgx: Sawyer Stoll Company, Escanaba, Michigan NATURAL RESOURCES COMMISSION 109

Description: Part of NE~ of SE~, Sec. 17, T 43 N, R 24 W, Marquette County Purpose: Access road to state lands in Escanaba River State Forest Consideration: $1.00 • Term: Indefinite

Instrument: Easement E-1483 Grantor: Sawyer Stoll Company, Escanaba, Michigan Description: Part of SW~ of S~, Sec. 17, T 43 N, R 24 W, Marquette County Purpose: Access road to state lands in Escanaba River State Forest Consideration: $1.00 Term: Indefinite

August 30, 1974

Memorandum to the Director:

Municipal Conveyance of Undedicated State-Dwned Land Applications, resolutions and remittances have been filed by the governmental units as listed below for conveyance of State-owned lands for public use as pro­ vided for under the statutes. It has been determined that the properties applied for are not needed in connection with any departmental land use program. Approval ,is recommended with title to be conveyed in accordance with authority provided by Act 223, P.A. 1909, as amended (page 75, Laws Relating to State Lands, 1966 edition). All mineral rights, rights of ingress and egress and aboriginal antiquities will be reserved except on that description marked with an asterisk (*). A stipulation will be made in the deed to the effect that if the property is sold, all sale proceeds in excess of actual expense shall be prorated by such municipality to all governmental units with a tax interest. To: City of Iron River Lot 12, Block 25, Plat of Village, City of Iron River, Iron County (45- by 100-foot lot on West Boyington Street in the City on which is located a two-story frame house in fair condition.) To: City of Farmington Lot 223, Floral Park Sub., City of Farmington, Oakland County * (40- by 100-foot lot on Violet Street in the City.) Desired by the City for a neighborhood park.

ROBERT G. WOOD Lands Division

I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur.

DAVID H. JENKINS Acting Director

It was moved by Mr. Johnson, supported by Mrs. Wolfe, that the above recommendations be approved. The question being stated by the Chair, the motion prevailed.

Letters of Commendation

It was moved by Mrs. Wolfe, supported by Mr. Laitala, that the staff be instructed to write letters of commendation to all 17 Michigan recipients of U. S. Environ­ mental Protection Agency awards in the Commission's behalf. The question being stated by the Chair, the motion prevailed. 110 September 12-13, 1974 Municipal Wastewater Otvi'sian - Administrative Rules

The following memorandum was presented to the Commission:

August 23, 1974 MeIIIorandum to the Director:

It is the recommendation of the Bureau of Water Management staff that the changes made in the rules be concurred in by the Natural Resources Commission. If the Commission concurs in these changes, it is further recommended that-the Commission formally approve the revisions and direct staff to proceed to submit the revised proposed rules to the Legislative Service Bureau, the Office of the Attorney General and the Joint Legislative Committee on Administrative Rules for fonoal approval. Following receipt of formal approval by these three entities, the Commission will be entitled to fonoally adopt and promulgate the rules. Following adoption and promulgation. they will be submitted to the Office of the Governor for his review and finally to the Office of the Secretary of State for filing. The rules will became ffective 15 days after filing with the Secretary of State. (Copy of rules on file with Executive Assistant.)

THOMAS HOOGERHYDE WILLIAM G. TURNEY Municipal Wastewater Division Bureau of Water Management

I have analyzed and discussed these recommendations with the Deputy Director and staff and we concur. DAVID H. JENKINS Acting Director

It was moved by Mr. Pridgeon, supported by Mr. Johnson, that the above recommenda_ tion be approved. The question being stated by the Chair, the motion prevailed.

Executive Assistant Guenther announced that the next meeting of the Natural Resources Commission would be held October 10-11, 1974, at the Olds Plaza Hotel in Lansing.

There being no further business, the meeting was adjourned at 11:30 a.m.

HILARY SNELL CHARLES J. GUENTHER Chairman Executive Assistant