AGENDA NATURAL RESOURCES COt1MISSION MEETING MARCH 13-14, 1975 Olds Plaza Hotel - Lansing

THURSDAY, MARCH 13, 1975 - 9:00 a.m. - Room South STAFF REPORTS

THURSDAY AFTERNOON - March 13, 1975 - 1:30 p.m. - Michigan Room South I. PUBLIC APPEARANCES II. DIRECTOR'S MATTERS III. ANNOUNCEMENTS IV. RECESS

FRIDAY, MARCH 14, 1975 - 9:00 a.m. - Michigan Room South I. OLG BUSINESS: Page #IS 1. Approva 10f February 13-14 Natural Resources Comm; ssion r1eeti ng Mi nutes 1-9 2. Boardman River Stream Bank Access - Response to Vendor's request for Revision of Contract Terms (Frankie Claudia Bolling) 10-11 3. Watercraft Controls --North Lake, Curtis Twp., A1cona Co. 12-13 4. Salmon Snagging Policy for 1975 14-15 5. Amendment to Administrative Rules for Subdivision Control Act 16-32 II. RESOLUTIONS AND COMMUNICATIONS: 1. Resolution on Sport Hunting for Natural Resources Commission 32a 2. Improvement Fund -Approval of transfer of surplus funds. 33-36 **LATE MEMO- Administrative Rules - Farmland and Open Space Preservation Act (Act 116) - p.36a-36b III. NEW BUSINESS: 1. Waterways Commission Minutes - February, 1975 38-55 2. Proposed Amendments to Administrative Rules for the Shore1ands Protection and Management Act (Act 245, P.A. 1970) - Authorization for public hearings. 56-63 3. Proposed Revisions to Administrative Rules for Oil and Gas Operations (Authorization for public hearings). 64-79

(MORE} AGENDA - NRC March 13-14 page 2 Page #·s

4. Final Adoption: Proposed Administrative Rules to Establish a Watercraft Numbering System; 80,,84 - 5. Final Adoption: Proposed Administrative Rules to Establish a State Uniform Waterway Marking System; 85-91

-- - 6. Final Adoption: Proposed Administrative Rules for the Installation, Use and Carriage of Associated Equipment on Vessels; 92-109 7. Final Adoption: Proposed Administrative Rules to Establish a Marine Accident Reporting System; 110-115 8. Concession Lease - (Mrs. Frances E. Craig) 116 9. Concession Lease Amendment - (Mr. William Warren) 117 **LATE MEMO - White River Natural River Plan (authority to hold public hearings) 117a 10. WATERCRAFT CONTROLS: a. Tentative Approval: Long Lake, Frost Twp., Clare County 118-119 b. Tentative Approval: River Raisin, City of Monroe, Monroe Co. 120 c. Final Approval: Tawas Lake, Iosco County (City of East Tawas) 121 d. RECISION OF TENTATIVE APPROVAL~ Proposed Administrative Rules for Teal Lake, City of Negaunee, Marquette Co. (Snowmobile controls) 122-123 11. LAND MAITERS: (Map and Summary on pages 124-l25) e ACQUISITION: Parks: a. (Antoinette R. Rodgers) 126 b. (Victor E. Jarvis, et all 127-128 c. Rochester-Utica Recreation Area (J. Fons Co., Inc.) 129-130 d. Pinckney Recreation Area (Donald M. Wilson, et al) 131 Wildlife: e. Oscoda State Forest - Red Oak Deeryard (Joseph Balgenorth); and f. Kalkaska State Forest - Piersons Creek Deeryard (Chas. P. Staley) 132-133 Waterways: g. Fairhaven Public Access Site Expansion CONDEMNATION (Carl Grindstaff and Paul C. Bridgman) 134-135 GIFT OF LAND: h. Lexington Harbor of Refuge (Village of Lexington) 136 EXCHANGES: i. Exchange #33199-X - Hardwood State Forest (June I. Mclssac) 137-138 e j. Exchange #33l79-X - Fife Lake Public Access Site Expansion 139 (Fred E. McLeod) - Informational supplement to Oct. '74 approval. (MORf) - - AGENDA - NRC March 13-14 page 3

GENERAL LAND MATTERS:

k. Easements for Department Installations 1~ 1. Mineral Permits 141-143 m. Sale of Minerals and Allied Rights 144 n. Direct Oil and Gas Lease 145-146 o. Municipal Conveyance of Undedicated State-owned Land 147-14~ p. Sleeping Bear Dunes National Lakeshore (Approval of descriptions and total acreage of land and and water area to be conveyed to U. S. Government. 150-156 q. Disposition of Abandoned Hastings Fisheries Research Station 1~ r. Proposed Settlement of Iron County Circuit Court Case #603 (Aini Stream vs. State of Michigan, Dept. of Natural Resources) 158-159 s. St. Clair Flats Deeds 160 **LATE MEMO- Sand and Gravel Lease Sale 161-162 IV. ANNOUNCEMENTS: The next meeting of the Natural Resources Commission will be April 10-11,1975, at the Olds Plaza Hotel in Lansing.

V. ADJOURNMENT Proceedings - Formal Meeting, March 13-14, 1975 The meeting was called to order by Chairman Johnson at 9:00 a.m. March 13, 1975 at the Olds Plaza Hotel in Lansing, Michigan.

Commissioners Present: Laitala, Wolfe, Johnson, Pridgeon, Younglove, Snell, Whiteley !all ~resent}.

Staff Present: Tanner, Guenther

Commissioner Johnson stated he intended to support the resolution on sport hunting and commended hunters for supporting Yildlife management programs in Michigan. He urged staff to seek a new approach to solving the problem of educating hunters yho abuse the privilege of hunting and misuse the resources and the property of others. Director's Matters:

William D. Marks- presented the Water Resources Commission Report. He also infODDed the Commission impounded funds from the Construction Grant Program have now been released to the State. He assured the Commission that com­ munities yere aware of the availability of these funds. • There was some discussion of industrial discharge monitoring systems.

Keith Wilson presented the Waterways Commission report, discussed marina leases and explained the condemnation action noy before the Natural Resources Commission for consideration.

Some discussion folloyed, regarding possible docking facilities at Fayette State Park.

M. L. Petoskey reported on the resolution received from Keweenaw County Board of Commissioners regarding a ban on the shooting of bears in Keweenaw County dumps, and suggested there yas no real need for Commission action.

It yas suggested a letter should be Yritten to the Keweenay County Board indicating local action could be taken to close the dumps to hunting.

Ernie Hall noted the County Yants the Department of Natural Resources to assume responsibility for enforcing the closure.

It yas agreed that the Department YOuld not be able to police all the dump areas and that the responsibility for enforcing the closures youid rest yith the county.

Mr. Johnson stressed it should be made very clear in the letter to the County Board exactly what the county's responsibilities yould be if their resolution was approved by the Natural Resources Commission.

Motion carried; ayes - 6, nays- 0 March 13-14, 1975

Bob Strong, Region II, said there was a high illegal elk kill; surveillance indicates far fewer elk than were expected. Approximately 175-180 elk are thought to be in the 600-square-mile area. Actual sightings of l5~ elk.

M. L. Petoskey said the most immediate threat to the elk herd is poaching. He suggested reducing human disturbance in the elk range, speeding up of approval of the Pigeon River Plan, closure of the area to off-road vehicles, etc. He stressed the need for improved habitat in the elk range.

Director Tanner asked the Commission to concur in staff recommend-ation that the Department proceed as rapidly as possible with a management plan for the Pigeon River elk herd.

O. J. Scherschligt briefed the Commission on the proposed State ~ark camping fee increase (informational memorandum). He said there is close correlation between action taken by the Commission and action taken by the Legislature.

Dale Granger informed the Commission McLouth Steel Company has abandoned its plan to place refuse along the banks of the and has located alternate disposal sites on uplands. (This action will save the 75-acre Humbug Marsh area which has been of great concern to the DNR).

Director Tanner reported a request had been received from Kenting Exploration Services, Ltd., Calgary, Alberta, for a permit to conduct seismographic surveys in the waters of lakes Michigan and Huron. Dr. Tanner said the Commission had taken action in 1945 and 1961 against the exploration for oil and gas in the Great Lakes, and recommended that this request for permission to conduct the seismographic surveys be denied.

Art Slaughter reported the Environmental Impact Statement on the Whitewater 1-22 well has been transmitted to the Michigan Environmental Review Board and Inter-Comm; Action will be taken by MERB in April.

The meeting was- recessed at 12:00 noon and recomrened at 1:50 p.m.

Mr. Robert Raisch, U. S. Forest Service, was introduced.

Robert Burke relayed a message to the Commission from State Representative Russell Hellman - invit~ng Commissioners to attend any of the meetings of the Appropriations'Committee, which are held Tuesday and Wednesday each week at 9:00-a.m. There Appeared:

John Hood, Interlochen, supported the Pigeon River plan, offered some amendments to the plan, opposed to drilling for oil in Pigeon River area, submitted a letter from Dave Smethurst for the record; Austin Sandford, Ann Arbor, representing landowners in the Pigeon River area, supported the Pigeon River plan, requesting a meeting with DNR staff to clarify some points of con­ cern; Mr. Jim Lorenz, Geological Survey Division, met with Mr. Sandford and others, including representatives-of the oil companies, and resolved most of the problems and questions to his satisfaction, no further action scheduled; Mr. Guenther read into the record a letter from Sibley Hoobler, Ann Arbor, regarding the Pigeon River Plan; John Rogers, Grand Rapids, representing West Michigan Chapter, Trout Unlimited, presented slides showing potential damage that could be done to Filer Creek and tributaries if the Department of State Highways and Transportation proceeds with proposed re-routing of M-66, requested a public hearing before the DNR issues a permit to DSHT; David Jokinen, Livonia, representing Michigan Association of Recreational Vehicles and Campgrounds, urged the raising of state park camping fees to at least $6; Ray Crots, Livonia, supported Mr. Jokinen's position; Paul Joldersma, Newaygo, requested more area for snagging at Newaygo; Ray Spyker, Newaygo, suggested the Commission should confer with affected city chambers of commerce before setting snagging regu­ lations in their areas, asked thae weighted hooks be allowed; Bob Allen, Manistee, requested Manistee Lake be designated as area where foul-hooked fish may 6e kept; Dick Jones, Manistee, favored snagging in areas where fish have NATURAL RESOURCES COMMISSION passed th.e point of being "sport" fish, disapproved of stripping eggs and leaving fish to rot: Ron Spring, Muskegon, opposed snagging: Buck Weaver, .. e Muskegon, opposed snagging, urged more enforcement in snagging areas: Robert Meggett, opposed snagging: Gaunt Miller, supported regulations proposed by staff: William Brenke, Lansing, favored snagging: Mike McNellis, Michigan Steelheaders, supported proposed regulations; Bob Brenke, Eaton Rapids, favored snagging and more liberal regulations: Robert Moldal object~d to hooks and 'line lefth th.e rivers after the snagging season: Stanley Predko, Muskegon, opposed snagging; Bob Philip, Midland, suggested netting fish at the mouth of streams, DNR to remove eggs and sell them; Bob Kusiabab, Manistee, favored snagging; George Kehlat, opposed snagging: Bill Frazer, Chairman, Michigan Council Trout Unlimited, opposed snagging; Ben Kaufman, felt violations would increase if proposed regulations were adopted, favored snagging; Whitey VerMuelin (charter boat captain), favored "give-away" program for coho, supported snagging in restricted areas; Terry Garlitz, Wellston, favored snagging; Art Perry, hoped sportsmen would help with law enforcement in snagging areas. - .

Director Tanner explained the State Department of Agriculture, based on FDA action requirements, has prohibited the Department of Natural Resources from giving fish away, because of pesticide levels in the fish.

Chairman Johnson and Director Tanner expressed appreCiation to speakers for cooperating in keeping presentations short.

Director Tanner introduced Dr. Hanry Webster (new DNR Forestry Division Chief)

The meeting was adjourned at 5:30 p.m.

The meeting was called to order by Chairman Johnson at 9:45 a.m. on Friday, March 14, 1975.

Commissioners Present: Laitala, Wolfe, Whiteley, Younglove, Snell, Johnson, Pridgeon (all present).

S~aff Present: Tanner, Guenther Director's Matters:

Copies of th.e "final" draft of Department of Natural Resources Administrative Rules were distrtDuted to the Commission and oth.ers for review. • Formal tentative approval scheduled for April, 1975, meeting.

Ralph Purdy reported on th.e disposition of several cases involving illegal dredge and fill matters: (a) At Sayres Lake - an illegal dam had been built across this tributary to which resulted in flooding of state forest land and damage to the forest. An out of court Settlement: Cash settlement to the Department of Natural Resources and an agreement for removal of the dam and restoration of the stream to its original condition (as near as possible): (b) Brooks Lake - Tote Road -- The court ordered removal of a cul­ vert and restoration of the stream (as near as possible to its original con­ dition). (c) - Illegal Fill - Department of Natural Resources used Department funds to remove the fill: the court ordered the per­ son responsible to reimburse the Department for the costs incurred in the re­ moval of the fill.

Director Tanner congratulated Harold MacSwain on his upcoming retirement. Approval of Minutes: The following minutes were presented to th.e Commission: February 13-14, 1975

It was moved by Mr. Snell, supported by~. 'Niaiteley, that the above minutes be approved. The question being stated by the Chair, the motion prevailed. March 13-14, 1975 Fisheries Land Acquisition - Fife Lake State Forest Boardman River Stream Bank Access - Response to Vendors request for Revislon of Contract Terms

Director noted this item was placed on the agenda to allow an opportunity -for--d1scussion: a meeting has been scheduled with the Attorney General; recommended the matter be tabled.

It was moved by Mr. Younglove, supported by Mr. Snell, that this memorandum dated January 27, 1975, be tabled; unanimous.

Watercraft Controls, North Lake, Curtis Township, A1cona County'

Roger Wood reported the Marine Safety Section plans to conduct a public 1 hearing on this matter in June or July. A questionnaire is being drafted and 1 will be submitted to property owners before the public hearing. It was moved by Mr. Younglove, supported by Mra. Wolfe, that this memorandum dated January 28, 1975, be tabled; unanimous.

Salmon Snagging Policy for 1975

The following memorandum was presented to the Commission: January 29, 1975 Memorandum to the Director: It has become evident that tackle'manufacturers need to know now whether the Department will authorize weighted snag-hooks for the fall 1975 salmon fishery. Orders for fishing hooks are received and filled during the period from January through April. We feel there is sufficient information available now for the Commission to adopt a general policy on salmon fishing for 1975 that will guide manufac­ turers, fishing tackle dealers, and fishe=en who plan to make or buy tackle early this year. It is therefore recommended by the Fisheries and Law Enforcement divisions that the Natural Resources Commission adopt the following general policy for regulation of the fall 1975 coho and chinook sport fishery:

1. No areas will oe designated in 1975 for snagging salmon with large weighted hooks. 2. Coho and chinook salmon sport fishing will be restricted to conventional gear. 3. In designated waters, foul-hooked coho and chinook salmon taken with speCially restrictive gear* may be kept. 4. Restrictive gear and designated fishing areas will be established prior to the 1975 fall coho and chinook stream salmon fishery.

WAYNE H. TODY Fisheries Division

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

HOWARD A. TANNER Director

* NOTE: Restrictive gear has been tentatively defined by the Fish and Law Enforcement divisions to assist fishing tackle manufacturers and buyers. This attached definition is subject to further refinement; but, represents the type of strict definition that will be recommended.

Copy of the Proposed Definition of Restrictive Gear is on file in the Director's Office. _ NATURAL RESOURCES COMMISSION

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

Proposed Amendments to Administrative Rules for Subdivision Control Act

The following memorandum was presented to the Commission: January 28. 1975 Memorandum to the Director: A public hearing was held on November 26, 1974 in Lansing, to consider amendments to the administrative rules for subdivision of lands as authorized and approved by the Natural Resources Commission at its September, 1974 meeting. Interested parties were provided an opportunity to comment and present evidence and opinions concerning the amendments (copy of transcript and proposed rules are on file in the Director's Office). Letters expressing interest and opinion were also received and are on file. Staff reviewed both pros and cons concerning the proposed amendments to the rules which prescribe the use of the lOO-year recurrence interval for the regulatory flood for subdivision approval or rejection in place of the present 50-year recurrence interval. Conspicuous by their absence at the hearing were land developers-or land development organizations. The proposed change to the lOO-year flood will make the subdivision rules consistent with other state and federal laws regulating flood plains. Arguments against this proposed change were not considered relevant when considering regulations already or soon to be in effect under the National Flood Insurance Program, which requires that all new construction in flood prone areas be elevated or flood proofed to the lOO-year flood elevation. We did find one argument to further amend the rules which would be logical when considering our proposed change to the lOO-year criteria. This change would permit subdivision streets to be constructed a maximum of 1 foot below thena-year flood plain. Emergency vehicles can easily travel through water • at this depth and flooding of the streets would. be very infrequent, and in most. cases, of short duration. Accordingly, staff suggests a further amendment to R 560.J04(210il to permit streets to be constructed a maximum of 1 foot lower tnan tne flood plain elevation. This is the only revision staff would recommend in tne proposed rules as originally submitted for public hearing. State Senator Thomas Guastello's letter of January 3, 1975, to tlie Director asks for further consideration of the amendments. We believe, however, that our further amendment allowing subdivision streets a maximum of I foot below the lOO-year flood plain elevation will answer at least part of the concerns of his constituents. Staff therefore recommends that the Natural Resources Commission approve the revised proposed rule amendments and authorize staff to submit them to the Legislative Service Bureau, the Office of the Attorney General and the Joint Legislative Rules Committee for formal approval. After these formal approvals are received, the proposed rules ~ll again be brought before the Natural Resources Commission for formal adoption and promulgation.

D~EW. GRANGU 1 Hydrological Survey Division w~ J. TURNEY , Bureau of Water Management

I have analyzed and discussed this recommendation with the Deputy Director, Environmental Protection Branch, ~he other Bureau Chiefs and staff and we concur. < f HOWARD A. TANNU I Director

It was moved by Mr. Laitala,. unsupported that the above memorandum be approved.

Mrs. Wolfe expressed concern over Rule 304-2(c) which had been changed to read: "For lower floor excluding basements NOT LOwn than the elevation of March 13-14, 1975

the contour defining the flood plain limits ••• "

It was moved by Mr. Laitala, supported by Mr. w~iteley, that the above amendments were approved. The question being stated by the Chair, the motion prevailed.

Question from Commission regarding Pigeon River Plan: C. -D. Harris explained the Environmental Impact Statement is being prepared at this time and it may be June, July, or August before the Plan is presented to the Commission for ·...... consideration • . , ~.j.j 1 Sport Hunting Resolution .. j The following resolution was presented to the Commission: During the past decade it has become evident to us that there are those in this nation and in this state who would abolish sport hunting as a legitimate form of recreation. In support of sport hunting, we present the following resolution:

Whereas, sport hunting, under scientifically sound and w~ll-enforced regu­ lation, is a legitimate and often essential element of wildlife management; and

Whereas, extensive research has shown that hunting has an insignificant effect on the population fluctuations of short-lived species such as pheasants, grouse, and rabbits; and

Whereas, hunting can be used to regulate populations of browsing and grazing species often in the best interest of them, as well as man; and

Whereas, man's hunting heritage predates recorded history and the enactment of tne chase is a classic re-creation of his past; and

Whereas, the contricutions of licensed hunters have insured the continuation of many species of wildlife that were placed in jeopardy by the increasing numbers of man and his tecDnology; and

Whereas, the sportsmen's license fees and special taxes are the financial basis of most wildlife conservation programs of the United States, and there­ bY'contricute to the well-ceing and perpetuation of hunted and non-hunted species alike:

Now, Therefore Be It Resolved, that the Michigan Natural Resources Commission does formally recognize sport hunting as a legitimate and desirable use of wildlife resources, and further, does acknowledge the essential support of hunters for the many programs of wildlife conservation research and manage­ ment, including a network of areas managed for all wildlife -- non-game as well as game.

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

State Park Improvement Fund Resolution

The following resolution was presented to the Commission: February 12, 1975 Memorandum to the Director: Following is a resolution for Commission consideration approving the transfer of surplus funds in the State Park Revenue Bond Receiving Fund for the fourth quarter of 1974, in the amount of $1,922,931.00 to the State Park Improvement Fund, where, according to Act 149, P. A. 1960, it is subject to appropriation by the Legislature for the improvement of state parks - and for no other reason. The receipts from the sale of 1974 State park Motor Vehicle Permits through December 31, 1974 totaled $2,315,759.00. This together with the beginning NATURAL RESOURCES CO~.ISSION

year balance, provides adequate funding to cover the indebtedness require­ ments for 1974 totaling $971,053.45.and to acknowlege the above surplus. - Funds are to be used to cover the 1974-75 appropriation from the Park • Improvement Fund in the amount of $1,922,931.00 per Act 232, Public Acts of 1974, for State Park Remodeling and Addition and new construction projects. Bonds issued to date total $14,100.00. Through January 1, 1975, we have provided funds for bond redemption of $3,125,000.00 leaving a balance put­ standing of $10,975,000.00.

JOHN E. MILLER Administrative Services DiVision

I have analyzed and discussed this recommendation with the Deputy Directors and staff and we concur.

HOWARD A. TANNER Director Resolution Transferring Surplus Permit Revenue to State Park Improvement Fund:

Whereas, by Resolution adopted January 13, 1961, as amended by Resolution adopted Jttne 9, 1961, and as amended by Resolution adopted October 12, 1962, there was authorized to be issued by the Conservation Commission State Park Revenue Bonds in the amount of $5,000,000 and by Resolution adopted June 14, 1963, as amended by Resolution adopted March 11, 1966, there was authorized to be issued by the Conservation Commission State Park Revenue Bonds in the amount of an additional $2,500,000 and by Resolution adopted March 11, 1966, there was authorized to be issued by the Conservation Commission State Park Revenue Bonds in the amount of an additional $1,500,000 and by Resolution adopted February 10, 19'7, there was authorized to be issued by the Conser­ vation Commission Park Revenue Bonds in the amount of an additional $1,000,000, and by Resolution adopted February 13, 1970, there was authorized to be issued by the Natural Resourees Commission Park Revenue Bonds in the amount of an additional $4,100,000; said bond to be payable from park permit fees to be paid on all motor vehicles entering certain state parks or portion of state parks, as designated by Resolution of the Conservation Commission adopted August 11, 1960, as amended on January 13, 1961, and as amended on Oct05er 12, 1962, as amended December 3, 1965, and as amended May 13, 1966, all as authorized 5y the provisions of Act 149, P. A. 1960. • And Whereas, after meeting all requirements of the State Park Revenue Bond and Interest Redemption Fund and the State Park Revenue Bond Reserve Account, as required by the provisions of said Resolution adopted January 13, 1961, amended June 9, 1961, and amended October 12, 1962, and by the provisions of said Resolution adopted June 14, 1963, as amended March II, 1966, and by Resolution adopted March 11, 1966 and by Resolution adopted February 10, 1967, and by Resolution adopted February 13, 1970, and the provisions of Section 3 of Act 149, P. A. of 1960, there remains as of December 31, 1974, in the State Park Revenue Bond Receiving Fund derived from the proceeds of State Park permits sold during prior years and the fiscal year beginning January 1, 1974 through December 31, 1974, the sum of $2,813,787.42. And Whereas, Sub-paragraph of "c" of Section 14 of said Resolution adopted January 13, 1961, as amended by Resolution adopted June 9, 1961, as amended by Resolution adopted October 12, 1962, and Sub-paragraph of "c" of Section 14 of said Resolution adopted June 14, 1963, as amended March 11, 1966, and Sub-paragraph of "c" of Section 14 of said Resolution adopted March 11, 1966, provides as follows:

Any moneys remaining in the Receiving Fund, after setting aside the amounts in the Redemption Fund (including the Bond Reserve and Bond Call Account, if any) as hereinbefore required shall be deemed to be surplus moneys and to the extent said moneys are in excess of a constant balance of $100,000, shall be deposited quarterly by the Fiscal Agent upon the order of the Commission in the State Treasury in a special fund to be designated STATE PARK IMPROVEMENT f FUND, and the moneys from time to time in such fund shall be used as required I I, ; I March 13-14, 1975

by law.

Now Therefore, Be It Resolved, that the sum of $1,922,931 being a portion of the moneys remaining as of December 31, 1974, in the State Park Revenue Bond Receiving Fund after setting aside the amounts required to be set aside in the State Park Revenue Bond and Interest Redemption Fund and State Park Revenue Bond Account, which said moneys are in excess of a constant balance of.$100,000. shall be deposited by the State Treasurer, the Fiscal Agent for the said bond issue, as the present investments mature, as provided by Act 149, Public Acts of 1960, into the specific fund which is designated STATE PARK IMPROVEMENT­ FUND, the moneys from time to time i~ said fund to be used as required by law, all as authorized by provisions of said Resolution adopted January 13, 1961, amended June 9, 1961, and amended October 12, 1962, and said Resolution adopted June 14,1963, as amended March 11, 1966, and b,Reso1ution adopted-March 11, 1966 and Act 149, Public Acts of 1960.'

It was moved by Mr. Laitala, supported by Mr. Whiteley, that the above resolution 1 be adopted. The question being stated by the Chair, the motion prevailed.

Administrative Rules - Farmland and Open Space Preservation Act-Final Adoption

The following memorandum was presented to the Commission: March 11, 1975 Memorandum to the Director: The proposed administrative rules were approved by the Legislative Joint COmmittee on Administrative Rules on March 11, 1975, and are now ready for for­ mal adoption by the Natural Resources Commission. Act No. 116 of the P. A. of 1974 was passed with immediate effect by the Michigan Legislature and signed by the Govern~r on May 23, 1974, with an effective date of July 1, 1974. Among other provisions, Act 116 provided for the use of the Administrative Procedures Act (Act No. 306 of the P. A. of 1969) in promulgating rules necessary for the implementation and administration of the Farmland and Open Space Preservation Act. Section 17 of Act No. 116 provides that, "The state land use agency may promulgate rules pursuant of Act No. 306 of the PubH.c Acts of 1969, as amended, for the administration of this Act". Act No. 116 further provided in Sections 5(4) and 7(4) that, "The local governing body's approval or rejection of the application shall be based upon, and consistent with, rules promulgated by the state land use agency pursuant to section 17". The Natural Resources Commission, on September 13, 1974, authorized public hearings to be held on these proposed rules. Eight hearings were conducted in various areas around the State with 161 persons in attendance. Following the aforementioned public hearings, the proposed administrative rules were reviewed by staff in light of the hearing record and subsequent correspon­ dence received during the period of time that the hearing record was held open. Certain changes in the proposed rules were recommended to the Natural Resources Commission in a letter dated November 20, 1974, which were concurred in by the Commission. The rules were then transmitted to the Legislative Service Bureau, the Office of the Attorney General and the Legislative Joint Committee on Administrative Rules for formal approval. These bodies subsequently approved the rules. The next step is the a~inistrative rules process is for these rules to be formally adopted by the Natural Resources Commission in order that they may be presented to the Office, of the Governor for consideration and if approved, filed with the Office of the Secretary of State. The rules will become effective fifteen (15) days after filing with the Office·of the Secretary of State, thus completing the process. The Office of Land Use recommends that the Natural Resources Commission, under the authority of Act No. 116 of the P. A. of 1974, formally adopt the rules in, ' regard to implementing the Farmland and Open Space Preservation Act. (Copy is on file in the Director's Office).

KARL R. HOSFORD, CHIEF Office of Land Use

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

NATURAL RESOURCES COMMISSION

HOWARD A. TANNER Director

It was moved by Mr. Pridgeon, supported by~r. Laitala, that the above memorandum be approved. The roll was called and the commissioners voted as follows: Yes: Younglove, Snell, Pridgeon, Johnson, Whiteley, 'Nolfe-, La.itala No: None; the rules were approved, unanimous.

Waterways Commission Meeting Minutes

The following memorandum was presented to the Commission: February 20, 1975 Memorandum to the Director: The Minutes of the meeting of the Michigan State Waterways Commission held February 5-6, 1975, which make certain recommendations to the Natural Resources Commission are on file in the Director's Office. Because all of the action taken by the Waterways Commission is 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.

HOWARD A. TANNER Director

Amendments to Administrative Rules for the Shorelands Protection and Manage­ ment Act

The following memorandums ~e presented to the Commission: February 29, 1975 Memorandum to the Director: • Act 245, P. A. of 1970 as amended, the Shorelands Protection and Management Act, directs the Department to determine high risk erosion areas, environmental areas and flood risk areas along the Great Lakes shoreline. It further directs tns Department to determine what uses of each type of area should be regulated. The Department must then transmit this information to local governmental units. Local units have until July 1, 1975 to enact Department approved zoning which regulates the areas designated. If such zoning is not provided, and development of tns areas must be approved by Department permit. The purpose of the Act is to protect property owners from probable damages due to erosion and flooding and to protect significant fish and wildlife habitat from degradation and destruction. The Water Development Services Division therefore recommends that the Natural Resources Commission, under authority of Act 306, P. A. of 1969 (The Administra­ tive Procedures Act), authorize the holding of public hearings for the purpose of amending the General Rules for Great Lakes Shorelands. (Copy of the back­ ground and rules on file in the Director's Office).

WILLIAM D. MARKS, CHIEF Water Development Services Division

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

HOWARD A. TANNER Director

It was moved by Mr. Whiteley, supported by !4r. Laitala, that the above memorandum March 13-14, 1975

be approved. The question being stated by the Chair, the motion prevailed.

Proposed Revisions to Administrative Rules for Oil and Gas Operations Authorization for Public Hearings

The following memorandum was presented to the Commission: February 18, 1975 Memorandum to the Director: Act No. 61 of the P. A. 1939, as amended (Oil and Gas Act) provides far a Supervisor of Wells; prescribes his powers and duties to prevent waste; the con­ trol of all matters relating to the conservation of oil and gas; the making and promulgation of rules and orders relative thereto, and the enforcement thereof. j The revised rules currently in effect were adopted June 21, 1971. The needed changes, deletions and additions, as now proposed, were drafted by the staff of A the Oil and Gas Section. Geological Survey Division, under the supervision of the Assistant Supervisor of Wells. Words and rules deleted have been lined out; words and rules added are in capital letters. As the first step in the Administrative Rules process, the proposed revised rules are herewith submitted for Commission review and ask their authorization to proceed with pubLic hearings thereon. If the Commission acts as requested. public hearings will be held in Gaylord, Traverse City, and Lansing. Pursuant thereto the revised rules will be resubmitted to the Commission for tentative approval prior to submittal to the Attorney General and Legislative Services Bureau. The office of the Geological Survey Division and Assistant Supervisor of Wells thereto recommend that the Natural Resources Commission under authority of Act No. 306 of P. A. 1969 (Administrative Procedures Act) and Section 6 of Act No. 61 of the P. A. 1939, as amended (Oil and Gas Act) authorize submission of the proposed Administrativ~ Rule Changes for public hearing as is on file in the Director's Office.

ARTHUR E. SLAUGHTER Geological Survey Division

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

HOWARD A. TANNER Director

It was moved by Mr. Whiteley, supported by Mr. Laitala, that the above memorandum be a.pproved; The question being stated by the Chair, the motion prevailed.

Proposed Administrative Rules to establish a Watercraft Numbering System - Final Adoption

The following memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: The proposed administrative rules were approved by the Joint Legislative Com­ mittee on Administrative Rules on February 18, 1975, and are now ready for for­ mal adoption by the Natural Resources Commission. In the Federal Boat Safety Act of 1971 (Public Law of 92-75), Congress in­ dicated an intent to encourage greater uniformity and closer cooperation and assistance between the Federal Government and the various states in the develop­ ment, administration and enforcement of federal and state laws and regulations pertaining to boating safety. Among other matters preempted to the Federal Government by this act, is the establishment of a watercraft numbering system in conformance with Coast Guard regulations...... ---~--- Act No~_153, P. A. 1974, was passed by the Michigan Legislature and signed by the Governor on June 12, 1974 •. The act was slated to take effect January 1. 1975. This act amended the Marine Safety Act of 1967 (Act 303, P. A. 1967). Among other things, Act 153 provided for the use of the Administrative Procedures Act I'

NATURAL RESOURCES COMMISSION

of 1969 (Act 306, P. A. 1969), in promulgating rules necessary to achieve con­ formance with the federal act. Section 33 (9) of Act 153 provides that, "The numbering system-adopted pur­ suant to this act shall be in accordance with the standard system of numbering • established by the secretary of the department in which the United States Coast Guard operates." The promulgation of such rules is necessary in order to main­ tain a federally approved marine safety program. The Natural Resources Commission on November 8, 1974, authorized public- hearings to be held on these proposed rules. A hearing was conducted in lansing on November 20, 1974, with three persons in attendance. No suggested revisions were offered on the rules as proposed. The proposed rules were tentatively approved by the Natural Resources Commission on December 13, 1974, and have been approved by the office of· the Attorney General, the Legislative Service Bureau and the Joint Committee on Administrative Rules in the Legislature. The next stap in the administrative rules process is for these rules to be formally adopted by the Natural Resources Commission in order that they may be presented to the office of the Governor for consideratiOn and if approved, filed with the office of the Secretary of State. The rules will become effective fifteen (15) days after filing with the office of the Secretary of State, thus completing the process. The Law Enforcement Division recommends that the Natural Resources Commission, under the authority of Act No. 153 of the P. A. of 1974, formally adopt the rules in regards to a Watercraft Numbering System. (Copy on file in the Director's Office).

G. M. DAHL Law Enforcement Division

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

HOWARD A. TANNER Director

It was moved by Mr. Whiteley, supported by Mr. Laitala, that the above memorandum be approved. The question being stated by the Chair, the motion prevailed. • Proposed Administrative Rules to establish a State Uniform Waterway Marking System - Final Adoption

The following-memorandum was presented to -the Commission: February 25, 1975 Memorandum to the Director: These proposed administrative rules were approved by the Joint Legislative Committee on Administrative Rules on February 18, 1975, and are now ready for formal adoption by the Natural Resources Commission. Section 142 of Act No. 303, P. A. 1967, as amended (Marine Safety Act), pro­ vides that, "The department sllall establish a uniform waterway marking system for the marking of all buoys and beacons authorized by the provisions of this act to be placed in the waters of this state." The system as proposed has been adopted nationally and has been used in Michigan through provisions of the act authorizing the issuance of buoy permits. The uniform waterway marking system is suited for use in all water areas and designed to satisfy all types of small vessels. It supplements and is generally compatible with the United States Coast Guard lateral system of aids to navigation. These proposed rules received tentative approval of the Natural Resources Commission on February 8, 1974. A public hearing on the rules was held in Lansing on March 19, 1974. No suggestions or revi"sions were offered at the hearing. The next step in the administrative rules process is for these rules to be formally adopted by the Natural Resources Commission in order that they may be presented to the office of the Governor for consideration and if approved, filed with the office of the Saaretary of State. The rules will become effective fifteen (15) days after filing with the office of the Secretary of State, thus com~1eting the process. f i

Ii March 13-14, 1975

The Law Enforcement Division recommends that the Natural Resources Commission. under the authority of Act No. 15~ of the P. A. 1974, formally adopt the rules in regards to a State Uniform Waterway Marking System. Copy of the rules on file in the Director's Office.

G. M. DAHL Law Enforcement_Division

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

HOWARD A. TANNER Director

It was moved by Mr. Whiteley. supported by Mr. Laitala. that the above memorandum be approved. Thw ~uestion being stated by the Chair, the motion prevailed.

Proposed Administrative Rules for the Installation. Use and Carriage of Associated Equipment on Vessels - Final Adoption

The following memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: These proposed administrative rules were approved by the Joint Legislative Committee on Administrative Rules on February 18. 1975, and are now ready for formal adoption by the Natural Resources Commission. In the Federal Boat Safety Act of 1971 (Public Law 92-75), Congress indicated an intent to encourage greater uniformity and closer cooperation and assistance between the Federal Government and the various states in the development, ad­ ministration and enforcement of federal and state laws and regulations pertaining to boating safety. Among other matters preempted to the Federal Government by this act, is the establishment of state rules regarding the installation, use, and carriage of associated equipment on vessels in conformance with Coast Guard regulations. Act No. 153. P. A. 1974, was passed by the Michigan Legislature and signed by the Governor on June 12, 1974, which took effect on January 1, 1975. This act amended the Marine Safety Act of 1967 (Act 303, P. A. 1967). Among other things, Act 153 provided for the use of the Administrative Procedures Act of 1969 (Act 306, P. A. 1969), in promulgating rules necessary to achieve con­ formance with the federal act. Section 18 (1) of Act 153, provides that, "The Commission may promulgate rules to establish performance on other safety standards relating to boat con­ struction on the installation, use, or carriage of associated equipment." The promulgation of such rules is necessary in order to maintain a federally approved marine safety program. The Natural Resources Commission on November 8. 1974, authorized public hearings to be held on these proposed rules. A hearing was conducted in Lansing on November 20, 1974, with three persons in attendance. No suggested revisions were offered on the rules as proposed. The proposed rules were tentatively approved by the Natural Resources Commission on December 13, 1974, and have been approved by the Office of the Attorney General, the Legislative Service Bureau and the Joint Committee on Administrative Rules in the Legislature. The next step in the administrative rules process is for these rules to be formally adopted by the Natural Resources'Commission in order that they may be presented to the office of the Governor for consideration and if approved, filed with the office of the Secretary of State. The rules will become effective fifteen (15) days after filing with the office of the Secretary of State._ thus completing the process. The Law Enforcement Division recommends that the Natural Resources Commission, under the authority of Act No. 153 of the P. A. 1974, formally adopt the rules in regards to the Installation, Use and Carriage of Associated Equipment on Vessels. Copy of rules on file in the Director's Office.

G. M. DAHL --- Law Enforc"ement Division NATURAL RESOURCES COMMISSION

I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur. HOWARD A. TANNER • Director

It was moved by Mr. Whiteley, supported by Mr. Laitala, that_ the _abo_ve memorandum be approved. The question being stated by the Chair, the motion prevailed • . -.. "!.... ~-.

Proposed Administrative Rules to establish a Marine Accident Reporting System - Final Approval

The following m.emOTandum was presented to the Commission: . ~ February 25, 1975 Memorandum to the Director: These proposed administrative rules were approved by the Joint Legislative Committee on Administrative Rules on February 18, 1975, and are now ready for formal adoption by the Natural Resources Commission. In the Federal Boat Safety Act of 1971 (Public Law 92-75), Congress indicated an intent to encourage greater uniformity and closer ~ooperation and assistance between the Federal Government and the various states in developing, administering and enforcing federal and state laws and regulations pertaining to boating safety. Among other matters preempted to the Federal Government by this act, is the establishment of a marine accident reporting system in conformance with Coast Guard regulations. Act No. 153, P. A. 1974, was passed by the Michigan Legislature and signed by the Governor on June 12, 1974, which took effect on January 1, 1975. This act amended the Marine Safety Act of 1967 (Act 303, P. A. 1967). Among other things, Act 153 provided for the use of the Administrative Procedures Act of 1969 (Act 306, P. A. of 1969), in promulgating rules necessary to achieve con­ formance with the federal act. Section 58 of Act 153 provides that, "The Commission shall promulgate rules to establish a state vessel collision, accident, or other casualty reporting system in conformity with that established by the United States Coast Guard." The promulgation of such rules is necessary in order to maintain a federally approved marine safety program. The Natural Resources Commission on November 8, 1974, authorized public hearings to be held on these proposed rules. A hearing was conducted in Lansing on November • 20, 1974, with three persons in attendance. No suggested revisions were offered on the rules as proposed. The proposed rules were tentatively approved by the Natural Resources Commission on December 13, 1974, and have seen approved by the office of the Attorney General, the Legislative Service Bureau and the Joint Committee on Administrative Rules in the Legislature. The next step in the administrative rules process is for these rules to be formally adopted by the Natural Resources Commission in order that they may be presented to the office of the Governor for consideration and if approved, filed with the office of the Secretary of State. The rules will become effective fifteen (15) days after filing with the office of the Secretary of State, thus completing the process. The Law Enforcenent Division recommends that the Natural Resources Commission, under the authority of Act No. 153 of P. A. 1974, formally adopt the rules in regards to a Marine Accident Reporting Systen. Copy of the rules on file in the Director's Office.

G. M. DAHL Law Enforcement Division

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

HOWARD A. TANNER Director It was moved--- by Mr. Whiteley, supported by Mr. Laitala, that the above memorandum March 13-14. 1975

be approved. The ~uestion being stated by the Chair, the motion prevailed.

Concession Lease - Mears State Park

The following memorandum was presented to the Commission;

Memorandum to the Director: The previous concessioner for the Mears State Park bathhouse chose to cancel her lease at the end of the 1974 season. Accordingly, a prospectus was .developed and sent to those indicating an interest in this area. At the same time, regular news outlets were used and ads were placed in newspapers serving the vicinity. After all this, only one bid was received as follows:

Mrs. Frances E. Craig 15 Fourth Street, West 10 percent of gross receipts for five years Pentwater, Michigan 49449

The gross receipts from this concession in 1974 were $12,964. A personal visit to the home of Mrs. Craig, an investigation of both character and credit references, and review of experience was made. After an evaluation of the findings it is recommended under authority of Section 5, Act 218, P. A. of 1919, as amended (page 190 of Laws Relating to Natural Resources, revisions of 1972), that the lease be granted to Mrs. Craig in accordance with her bid of 10 percent of all gross receipts for a period of five years. This lease will be subject to annual review and changed if found necessary.

O. J. SCHERSCHLIGT Parks Division

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

HOWARD A. TANNER Director

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

Concession Lease Amendment - Lakeport State Park

The following memorandum was presented to the Commission: February 20, 1975 Memorandum to the Director: The present concession lease for Lakeport State Park is held by Mr. William Warren and expires in October 1975. The concession includes a park store unit in the old Lakeport State Park and a new bathhouse-concession complex in the FDR Unit. A review of the past two years' operation clearly shows that the new FDR Unit concession is costing the concessioner to operate rather than realizing him any profit. During the ~74 season, Mr. Warren reported a net loss from this unit of $596.59. Eventually this new unit will gain popularity and will be heavily used. However, it is doubtful that, this increase in use will materialize in the next few years. Mr. Warren pays a commission of 5.5 percent of all gross receipts from the combined sales of both units. He has requested a consideration of commission paid on the FDR Unit, and is asking that the 5.5 percent be reduced to 2 percent for this unit. It is recommended that Mr. Warren's request be approved for the operating season of 1975 under authority of Section 5, Act 218, P. A. of 1919 as amended (page 190 of Natural Resources Laws, revision of 1972.)

C. J. SCHERSCHLIGT Parks Division I NATURAL RESOURCES COMMISSION

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

HOWARD A. TANNER Director

It was moved by Mr. Whiteley, supported by Mr. La1tala, that the above memorandum be approved. The question being stated by the Chair, the motion prevailed.

White River Natural River Plan - Authorization to hold public hearings

The following memorandum was presented to the Commission: Marcn -5, 1975 Memorandum to the Director: Act 231, P. A. 1970 authorizes the establishment of a system of natural rivers to protect the river resource through local zoning which is based upon a plan developed with local citizen and governmental participation. The White River system in Newaygo, Oceana and Muskegon counties represents the southernmost major trout stream in the drainage. Except for areas around Hesperia and White Cloud, much of the river, especially the middle and lower reaches, is scenic, crossed by few bridges, wild in nature, and intrusiona by man are few. Development of permanent and recreation homes on the river have increased in recent years; however, there are still many miles of stream in a natural condition with scenic and other recreational values worth preserving. The White River has been studied by the White River Planning Group, which con­ sists of riparian property owners, interested Citizens, local governmental and agency officials, the United States Forest Service and the Department of Natural Resources. Planning group members participated in a series of 11 meetings from February 1974 to January 1975 discussing the many controversial issues and pro­ posals. The group has developed a tentative plan for protecting the White River under the Natural Rivers Act, which was adopted by a majority of the planning group. The Preliminary Natural River Plan for the White River has been transmitted to the Natural Resources Commissioners for their review and information. It calls for designation of 70 miles of the mainstream from 8-Mile Road in Newaygo County to U.S.-31 in Muskegon County. Lake White Cloud and Hesperia Pona are not included in the designation nor are those portions within the city limits of White Cloud, Hesperia, Whitehall and Montague. Portions of the following tribu­ • taries totaling 89 miles are included in the proposed designation: Mullen, Five Mile, Flinton, Wrights, Mena, Martin, East Branch Held, Braton, Cushman, Skeels, Robinson, Newman, Knutson, Sand, Carlton, Mud, Carlton (Lanford), Silver and - Cleveland creeks, and the North Branch of the White River. We recommend that the Natural Resources Commission authorize staff to hold public hearings on the tentative plan in the county seats of Newaygo, Oceana and Muskegon counties as required by Section 7, Act 231, P. A. 1970 (page 41, Laws Relating to Natural Resources, Revision of 1972). Appropriate changes will be made in the plan in response to the public hearings and the final plan will be submitted to the Commission as a basis for decision probably in May.

NORMAN F. SMITH Office of Planning Services

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

HOWARD A. TANNER Director

It was moved by Mr. Whiteley, s~pported by Mr. Laitala, that the above memorandum I be approved. ~e question being stated by the Chair, the motion prevailed. I I ,I j March 13-14, 1975

Following discussion; roll was called, and the Commissioners voted unanimously to approve the above memorandums. Watercraft Control on Long Lake, Frost Township, Clare County - Tentative Approval

The following memorandum was presented to the Commission:

Memorandum to the Director: In a resolution received on October 18, 1974, the Frost Township Board requested assistance from the Department in resolving watercraft problems on Long-Lake. Problems associated with high-speed boating were cited. It should be noted that a rule setting hours for high-speed boating and water skiing was established in 1965. Long Lake has been investigated by Department personnel and a-publi~ hearing of inquiry was held on December 19, 1974. There were 14 persons in attendance at the hearing. Long Lake has a long, narrow configuration and encompasses a surface area of 197 acres. The shore line is heavily developed, as is the general area. There is a Waterways Division public access ~ite on the lake. The lake offers a good warm water fishery which receives extensive pressure. There are two small is~ands on the lake, with one of the islands creating a constricted area and thus a hazardous condition. This island is located in the northern portion of the lake which is also quite narrow and has several shallow, weedy areas creating difficulties for high-speed boating. Testimony received at the hearing substantiated these problems. It is felt that the rule setting hours for high-speed boating and water skiing should be continued for the southern portion of the lake, and an additional restriction for the northern portion of the lake will alleviate these problems. It is recommended that local watercraft controls, authorized by sections 12-17 Act 303, Public Acts of 1967, as amended (pages 53 and 54, Laws Relating to Natural Resources, Revision of 1972), be tentatively approved and amended. Copy of description and rules on file in the Director's Office.

G. M. DAHL Law Enforcement Division

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

HOWARD A. TANNER Director

It was moved by Mr. Snell, supported by Mr. Pridgeon, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Watercraft Control on River Raisin, City of Monroe, Monroe County - Tentative

The following memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: In a resolution received from the City Council for the City of Monroe, problems associated with high-speed boating in the River Raisin were cited, and assistance from the Department was requested. The River Raisin has been investigated by Department personnel and a public hearing of inquiry was held on January 23, 1975. The portion of the river in question lies within the City of Monroe, and is approximately one mile long and 300-400 feet wide. There are a good number of pleasure craft moored along the river and complaints of wake damage to these moored craft were voiced at the hearing. A hazardous ·condition also exists when several boats participate in high speed activities in this relatively narrow portion of the river. The problem area is located upstream from a large commercial craft harbor turning basin located near the river mouth, to a dam constructed accross the river. There is a ~ity-owned public access site located on the upper reaches of this portion of the river. It is felt that a slow-no wake rule will alleviate the difficulties experienced in this area • .--- NATURAL RESOURCES COMMISSION

It is recommended that a local watercraft control, authorized by Sections 12-17, Act 303, P. A. of 1967, as amended (pages 53 and 54, Laws Relating to Natural Resources, Revision of 1972), be tentatively approved as-follows: • On the waters of that portion of the River Raisin from Dam No. 6 located easterly of the Detroit and Toledo Shoreline Railroad trestle, downstream to the west boundary of the River Raisin Harbor Survey line, City of Monroe, Monroe County, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

G. M. DAHL Law Enforcement Division

I have analyzed and discussed this recommendation with the Buteau Chiefs and , staff and we concur. -i I HOWARD A. TANNER Director

It was moved by Mr. Snell, supported by Mr. Pridgeon, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Watercraft Control on Tawas Lake, Iosco County, City of East Tawas - Final

The following memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: This proposed rule has been received from the Joint Legislative Committee on Administrative Rules and is now ready for formal adoption by the Natural Resources Commission. Acting upon a resolution received on July 5, 1974, from the City of East Tawas, Iosco County, an investigation of the above mentioned waters was made. This investigation revealed that several small channels, or canals, with narrow, twisting curves, connecting Tawas Lake and Tawas River, constitute the major problem. In this limited visibility area, speeding boats could easily collide with slower moving watercraft, pius the wake generated by speeding boats can also cause damage to docks and moored boats along these channels. The proposed rule received tentative approval from the Natural Resources Com­ mission on October 11, 1974. All those attending the second hearing, held December 2, 1974, agreed that this rule should solve the safety problems. The City of East Tawas approved the rule, by resolution dated December 4, 1974. It is recommended that local watercraft controls, authorized by Sections 12-17 of Act 303, P. A. of 1967, as amended (pages 53 and 54, Laws Relating to Natural Resources, revision of 1972), be formally adopted by the Natural Resources Commission as follows: On the waters of the canals connected to Tawas Lake and Tawas River in Section 19, T 22 N, R 6 E, City of East Tawas, Iosco County, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

G. M. DAHL Law Enforcement Division

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

HOWARD A. TANNER Director

It was moved by Mr. Snell, supported by Mr. Pridgeon, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Recision of Tentative Approval:' Proposed Administrative Rules for Control of Snowmobiles, Teal Lake, City of Neguanee f I ! !

I! ! I I March 13-14, 1975

The Department of Natural Resources received a resolution on August 26, 1974, from the City of Negaunee requesting assistance in regard to snowmobiling on Teal Lake causing a hazard to the people of the City of Negaunee. An investigation was made by Mr. Edward Dorie, of the Law Enforcement Division, on October 2. 1974. Teal Lake is approximately 466 acres in size and is located within the City of Negaunee. A large portion of the lake is immediately adjacent to the residential area. Teal Lake is the municipal water supply for Negaunee and has been for many years. - -- - A fact-finding public hearing was held on October 16,1974. Testimony received from the Acting City Manager Ronald D. Cardoni indicated the City of Negaunee was concerned about its water supply derived from Teal Lake. The city's filtration plant provides only the barest mininum of treatment at the present time, and at the urging of the Department of Public Health the city is attempting to stop all sources of possible pollution to Teal Lake. Mr. Cardoni's statement qas supported by two City Coun~ilmen in attendance and a written statement from the Department of Public Health. Four people spoke for snowmobile interests at this hearing claiming there was little or no pollution caused by snowmobiling on the lake. Tentative approval of the proposed rule was granted by the Natural Resources Commission in their action of December 13, 1974. A second public hearing was held on January 17, 1975, at 7:00 p.m. in the Neg­ aunee City Hall. The hearing was conducted by Mr. Bruce Andrews of the Law Enforcement Division. There were 27 people in attendance including the Mayor of Negaunee, the City Manager and several city councilmen. Mr. John Erickson, repre­ senting the Michigan Department of Public Health, presented a statement supporting the proposed rule and several reasons for the Department of Public Health's posi­ tion. Mr. Ray Frieberg, representing the Upper Michigan Peninsula Snowmobile Association, made a strongly worded statement opposing the proposed rule. Several other people in attendance also were opposed to the rule. Except for the city officials and the Department of Public Health, no one in attendance supported the proposed rule. A resolution was received from the City of Negaunee on January 27, 1975, dis­ approving the proposed rule. It is recommended that under the prOVisions of Section l4a, Act 74, P. A. of 1968, as amended, the tentative approval by the Natural Resources Commission of the proposed snowmobile control rule for Teal Lake, City of Negaunee, Marquette County, be rescinded and that further action be taken only at the request of the City of Negaunee.

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

HOWARD A. TANNER Director

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

Following discussion; roll was called, and the Commissioners voted unanimously to approve the above memorandums.

Park Land Acquisition and Boundary Dedication

The following memorandum was presented to the Commission: February 24, 1975 Memorandum to the Director: Leelanau State Park 67.15 acres - $300.81 per acre - $20,200.00 (optioned at appraisal)

Acquisition of this tract will provide access to Mud Lake and expand State ownership within the Leelanau State Park. This unimproved tract is mostly wooded, rolling, well drained upland. That portion of the tract adjacent to the lake is level and poorly drained with ap- p

NATURAL RESOURCES COMMISSION

proximately-500 feet of marsh frontage on a shallow sand bottom lake.

NE frl. ~ of SE frl. ~ of Sec. 13, T 32 N, R 11 W - Leelanau County Owner: Antoinette R. Rodgers, Santa Ana, California • Option Expires: April 8, 1975 Reservations: None Appraisal: Land and timber $20,200.00, improvements 0; to.taJ $20,.200.00 Relocation Costs: No~

It is recommended that: (1) This tract be approved for purchase under ~uthority of Sec. 3, Act 17, P. A. of 1921 as amended (page 92, Laws Relating- to State Lands, 1966 edition) with payment to be made from Public Recreation Bonds as appro­ priated by the Legislature for Park Land Acquisition on Leelanau State Park for - the year 1971-1972. (2) The boundary of Leelanau State Park be extended to in­ clude this tract.

ROBERT G. WOOD Lands Division

O. J. SCHERSCHLIGT Parks Div~sion

I have analyzed and discu.sed this recommendation with the Bureau Chiefs and staff and we concur.

HOWARD A. TANNER Director

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

Park Land AcquiSition, Gift, and Boundary Dedication

The following ~emorandum was presented to the Commission: February 24, 1975 Memorandum to the Director: Maybury State Park 15.27 acres - $1,637.20 per acre - $25,000.00 (optioned under gift proposal • by vendor)

AcquiSition of this vacant tract will provide excellent consolidation of owner­ ship with that now within the park. The parcel has varied topography with ad­ jacent State ownership on three sides and 272 feet of frontage on Seven Mile Road. The vendors expressed a desire to contribute toward the conservation and recre­ ational efforts of this Department by a donation of any value in excess of $25,000. They have been fully advised of the Commission policy of October, 1971 requiring payment at market value, and were fully informed as to the total value of the tract. A gift of $16,000.00 value will be recognized during deed process. (Copy of the land description on file in the Director's Office).

Vendors: Victor E. Jarvis, Daniel J. Condon and Frederick S. Simonie, Northville Michigan Option Expires: May 20, 1975 Reservations: None Relocation Costs: None Appraisal: Land $41,000.00, timber 0, improvements 0; total $41,000.00 Gift: Vendors have offered a gift of the remaining $16,000.00 value to the State of Michigan, and have expressly waived right for compensation at full market value.

It is recommended that: (1) This purchase and gift offer be approved under authority of Sec. 3, Act 17, P. A. 19 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition) w~th payment to be made from Public Recreation Bonds as appropriated by the Legislature for various Parks and Recreation Areas for the year 1972-1973. (2) That the boundary of the Maybury State Park be li I I March 13-14, 1975 extended to include this tract following completion of the purchase-gift case.

ROBERT G. WOOD Lands Division

O. J. SCHERSCHLIGT Parks Dividon

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

HOWARD A. TANNER Director

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

Park Land Acquisition - Rochester-Utica Recreation Area

The following memorandum was presented to the Commission: January 27, 1975 Memorandum to the Director: Rochester-Utica Recreation Area (Macomb County) 35.00 acres - $3,000.00 per acre - $105,000.00 (optioned at 5 percent over appraisal)

Acquisition of this tract will consolidate State ownership along the and Ryan Road. This 35-acre tract contains the remains of an open dance hall, bowling alley and other smaller buildings associated with the former privately operated Green Glen Park. The land has 1,030.98 feet of frontage on paved Ryan Road and ap­ proximately 2,800 feet on the south bank of the Huron River. It is generally covered with a mature floodplain woods, except for a four acre area which is cleared, and was used as a baseball diamond. The tract is all in the river floodplain, but is well drained during non-flood or low water times. (Copy of the land description on file in the Director's Office).

Vendor: J. Fons Company, Inc., Detroit, Michigan Option Expires: April 14; 1975 Reservations: None Appraisal: Land $100,000.00, timber 0, improvements 0; total $100,000.00 Relocation Costs: None

It is recommended that this tract be approved for purchase under authority of Sec. 3 of Act 17, P. A. of 1921 as amended (page 92, Laws Relating to State Lands, 1966 edition) with payment to be made from Public Recreation Bonds as appropriated by the Legislature for Park Land AcquiSition in Rochester-Utica Recreation Area for the years 1969-1970, 1971-1972, with balance to be paid from the appropriation for 1973-1974 (various Parks including Rochester-Utica Recreation Area).

ROBERT G. WOOD Lands Division

O. J. SCHERSCHLIGT Parks Division

I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur. HOWARD A. TANNER Director It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The question being stated by the Chair, the motion prevailed. NATURAL RESOURCES COMMISSION Park Land Acquisition - Pinckney Recreation Area- The following memorandum was presented to the Commission: • February 24, 1975 Memorandum to the Director: Pinckney Recreation Area 2.0 acres and improvements - $20,000.00 per acre $40,000.00 (optioned at appraisal)

Acquisition of this improved tract will consolidate ownership along Silver Hill Road. This tract has 400 feet of frontage on Silver Hill Road with a spectacular overlook of Silver Lake and the surrounding country side. The Jmprov~ents consist of 2 older reSidences; a ranch style and a 2-story colonial. Both are of field stone construction and are very attractive, but show need for major repairs or upkeep.

Vendor: Donald M. Wilson, Arch D. Wilson and Douglas V. Wilson, Ann Arbor, Mich. Option Expires: April 24, 1975 Reservation: _None Appraisal: Land $12,900.00, timber 0, improvements $27,100.00 Relocation Costs: $9,000.00

It is recommended that this tract be approved for purchase under authority of Sec. 3, Act 17, P. A. of 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition) with payment to be made from Public Recreation Bonds as appropriated by the Legislature for Park Land AcquiSition in Pinckney Recreation Area for the year 1970-1971.

ROBERT G. WOOD Lands Division

O. J. SCHER~rCHLIGT Parks Division

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

HOWARD A. TANNER Director It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Wildlife Land Acquisition - Deeryard-Scarce Habitat. and Boundary Dedication The following memorandum was presented to the Commission: February 24, 1975 Memorandum to the Director: The lands in both tracts have been investigated to determine their suitability for deeryard management purposes and found well suited for these purposes. (1) Oscoda State Forest (Red Oak Deeryard) 35.00 acres - $328.57 per acre - $11,500.00 (optioned at 4.5 percent over appraisal)

The offered 35 acre tract is unimproved and includes both upland and cedar­ alder lowland. The tract provides access to a 12Q-acre block to the west, and adjoins a major forest ownership to the north.

(2) Kalkaska State Forest (Piersons Creek Deeryard) 40.00 acres - $187.50 per acre - $7,500.00 (optioned at 4.2 percent over appraisal) I The offered 40 acre tract is unimproved and has recently been clear-cut. It is

I I March 13-14, 1975 almest entirely upland, but is largely surrounded by lowland swamp in a deer­ yarding area. State owned lands adjoin on three sides. Older deeryard boundary dedication follows the swamp border, and extension of State forest boundary to include the offered land is recommended. (Copy of land description and recom­ mendations on file in the Director's Office).

ROBERT G. WOOD Lands Division

MERRILL L. PETOSKEY Wildlife Division

T. E. DAW Forestry Division

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

HOWARD A. TANNER Director

It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Waterways Land Acquisition through Statutory Condemnation - Fairhaven

The following memorandum was presented to the Commission: February 21, 1975 Memorandum to the Director: Fairhaven Public Access Site 8.5 acres, 800 feet of Lake St. Clair frontage and improvements - $128,500

Ira Township, St. Clair County, Supervisor Bowers Palms Road Plat, Lot 9

This property has been offered for sale and has been the subject of negotiations between the Department and its owners since the fall of 1971. The Department has indicated a desire to acquire this property to permit expansion of the ad­ jacent Fairhaven Public Access Site but has been unable to agree on price with the owners. The price established by competent fee appraisal is $128,500 and the asking price is $171,400. The Fairhaven Public Access Site lies within the unincorporated community of Fairhaven on Lake St. Clair, approximately five miles easterly of New Baltimore. The present site consists of 2.8 acres of property with 240 feet of frontage. The site receives extensive winter use from ice fishermen and summer use from boatmen and bank and wading fishermen. Peak use of the site results in overflow traffic onto M-29, parking on the shoulders of the highway and upon private property, and persons walking along the highway to the site. The subject land consists of property lying between Lake St. Clair, and M-29 with single dwelling unit located thereon. Acquisition of this property is necessary to permit expansion of the existing public access site to accommodate the present and anticipated user activity at this location. It is recommended under authority of Sec. 3, Act 17 of the P. A. of 1921, as amended, (page 74, Laws Relating to State Lands, 1972 edition), that:

(1) The owners be advised of the pending ~esolution of Necessity for Condemnation and that a final offer be made, being a value based upon the fair market value as established by fee appraisal. (2) That formal action by the Commission on the said resolution not be considered until the April, 1975, meeting, to give a one-month period for final negotiations prior to the commencement of formal condemnation proceedings which will be com­ menced upon submission of such a request to the Attorney General.

ROBERT G. WOOD Lands Division NATURAL RESOURCES COMMISSION

KEITH WILSON Waterways Division I have analyzed and discussed these recommendations with the Bureau Chiefs • and staff and we concur.

HOWARD A. TANNER. Director

It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Gift of Land - Lexington Harbor of Refuge-Sanilac County

The following memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: .1 Lexington Harbor of Refuge - Sanilac County Donor: Village of Lexington Condition: None Reservations: None The village of Lexington has provided a deed of gift of land lying within the Harbor of Refuge, and included within the scope of certain planned harbor improvements. Construction contract will be let by the Army Corp of Engineers in the near future, provided this and other vital assurances of public owner­ ship are obtained. It is recommended that this gift be accepted with appreciation under authority of Sec. 3, Act 17, P. A. of 1921, as amended (page 92, Laws Relating to State Lands, 1966 edition). Copy of the land description on file in the Director's Office.

ROBERT G. WOOD Lands Division

KEITH WILSON Waterways Division I have analyzed and discussed this recommendation with the Bureau Chiefs • and staff and we concur.

HOWARD A. TANNER Director

It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Exchange #33l99-X - Hardwood State Forest

The following memorandum was presented to the Commission: February 27, 1975 Memorandum to the Director: This proposal is mutually advantageous. It will provide the State of Michigan with Sturgeon River frontage near US 27 suitable for public access, while pro­ viding the applicant with property suitable for building development in an area of existing development. Both tracts are approximately 4 miles south of Indian River. The offered tract is divided into 2 segments by the Sturgeon River. The segment on the east side of the river consists of 70 acres with 3,200 feet of frontage on a prime trout stream, now inaccessible. A subdivision is located immediately north of this segment. The New York Central Railroad separates approximately 17 acres of rolling wooded upland from the segment. The re­ maining area between the railropd and the river is mainly level open upland with sandy soils and elevations 2- to 4- feet above the river. The smaller r 3.21 acre segment on the west side of the river offers 339 feet frontage on I ! I ! • I March 13-14, 1975

the river and 380 feet of highway frontage on old US 27. It is now usable for fishing access. This segment is mainly open rolling upland with sandy soils. The value as determined by appraisal is $53,100. The desired tract has 2.730 feet frontage along old US 27. The tract is mostly level with sandy soils and a cover of oak and pine with scattered small openings. Electricity and telephone service is available along the highway. Most of the land along old Highway US-27 is subdivided and developed. The value as determined by appraisal is $52,800. Recommendations: The lands involved have been examined in the field with the recommendation that this exchange be approved under authority of Act 193, P; A. 1911, as amended (page 148, Laws Relating to State Lands, 1966 edition) with the State to waive reservation of minerals, ingress and egress to watercourses and aboriginal antiquities, providing fee title is conveyed as antictpated. (Copy of the land description exchange is on file in the Director's Office). - -

ROBERT G. WOOD Lands Division

T. E. DAW Forestry Division

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

HOWARD A. TANNER Director

It was moved by Mr. Laitala. su~~orted by Mr. Snell, that the above memorandum be a~~royed. The ~uestion being stated by the Chair, the motion ~revailed.

Exchange #33l79-X - Fife Lake Public Access Site Expansion

The follOwing memorandum was ~resented to the Commission: February 25. 1975 Memorandum to the Director: Exchange application 33179-X (Supplemental Data) Boundary Correction - Fife Lake Public Access Site 28-17 Applicant Fred E. McLeod, Cadillac, Michigan

This exchange was approved by the Natural Resources Commission on October 11, 1974 with a fence line for a common boundary but subject to a requirement that the applicant provide a survey of the common property line. The survey has been completed and this memorandum is submitted for the purpose of identifying the correct legal descriptions to be exchanged based on the survey. Accordingly, it is recommended that the descriptions be approved with the under­ standing that in all other respects the exchange is as formally approved at the October 1974 Commission meeting. (Copy of the land description exchange is on file in the Director's Office).

ROBERT G. WOOD Lands Division

KEITH E. WILSON Waterways Division I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur.

HOWARD A. TANNER Director

It was moved by Mr. Laitala, su~~orted by Mr. Snell, that the above memorandum be a~~roved. The ~uestion being ,stated by the Chair, the motion prevailed. f I NATURAL RESOURCES COMMISSION Easements for Department Installations

The folloWing memorandum was presented to the Commission: February 13, 1975 • Memorandum to the Director: Instruments as indicated below have been secured from the owners of the following described lands for the purposes indicated. The divisions admi~istering the State lands for which these rights are needed have approved the proposed acquisi­ tions. It is hereby recommended that these instruments be approved for acceptance under authority of Sec. 3, Act 17, P. A. of 1921, as amended (page 92, Laws'Relating "..,,"-:.~~""-Z:;. .. to State Lands, 1966 edition). - - ~.-r? -, . Instrument: Easement E-1472 "~--_. ·1 Grantor: United States Coast Guard, Cleveland, Ohio Description: N'ly 14 acres of Gavt. Lots 2 and 3, Sec. 6, T 32 N, R 10 W, j Leelanau County .._- , _,1 Purpose: Temporary park manager residence (improvements) as a unit of the Leelanau State Park Consideration: None Conditions: Assume public liability, and responsibility for maintenance of the property and its several structures, which excludes ~ 50 by 50 foot parcel and light tower structure thereon. Term: 1 year from March 1, 1975, revocable upon demand of lessor and renewable yearly thereafter upon request.

Instrument: Easement E-1486 Grantor: Kimherly Clark Corporation, Norway. Michigan Purpose: Access road to state land located in Ford River State Forest Consideration: $1.00 Term: Indefinite Description: On file in the Director's Office

ROBERT G. WOOD Lands Division

I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur. HOWARD A. TANNER • Director

It vas moved by Mr. Laitala. supported by Mr. Snell, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Mineral Pennits

The following memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: It has been a long standing policy of this Department to issue permits for one year or less duration for the removal of nonmetallic minerals such as sand, gravel, limestone, etc. from state-owned lands where it is dete -Jlined that the supply is in excess of Department requirements. The prevailing local price is -charged-for -ill such- mater"ial disposed of to ind:i.viduals, comp-?nies or other private interests, including private contractors, and free permits are issued to federal, state and local governmental agencies unless the material is to be redistributed for private use. Issuance of such permits must be approved by the Natural Resources Commission. and the State Administrative Board. The State Administrative Board will consider such contracts only if they have had the prior approval of the Natural Resources Commission. The responsibility for issuance of mineral permits in Region III is vested in the division administering the lanq, and in Regions I and I is vested in the Forestry Division except in parks and certain designated game areas. Applications involving_5,000 cubic yards or more of gravel require examination of the pit by • March 13-14, 1975

the Geological Survey Division prior to issuance of .the permit for the purpose of designating acceptable extracting methods and restoration requirements. - The provision also applies where an operator expects to remove lesser amounts on a continuing basis. The mineral permit applications (copy on file in the Director's Office) have been reviewed and approved under existing policies and procedures. It is there­ fore recommended that the Forestry Division be granted authorization. to. issue the j permits in accordance with the provisions of Act 17, P. A. 1921, as amended and Act 280, P. A. 1909, as amended (pages 90 and 120, Laws Relating to State Lands, - ---.-- -- - ._- 1966 edition). . .-z.· --~~''-'''''---.~--:- - . -:- '1_ T. E. DAW - --~ Forestry Division

ROBERT G. WOOD Lands Division 11 i ARTHUR E. SLAUGHTER Geological Survey Division

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

HOWARD A. TANNER Director

It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum oe approved. The ~uestion being stated by the Chair, the motion prevailed.

Sale of Minerals and Allied Rights

The .folloWing memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: Application has been filed by the surface owner of the land described herein to purchase the captioned rights previously reserved by the State of Michigan. A review of the application by the Geological Survey Division indicates that, on the basis of available geological data, the public interest will not be impaired or substantially injured b~relinquishment of the mineral rights. Disposition of the reserved rights listed with the land description is in accord with modification of policy on sale of state-owned mineral rights as adopted by the Natural Resources Commission on February 12, 1971, and it is accordingly recommended that such rights be sold for the consideration indicated, which is the appraised value as established by the Geological Survey DiviSion, and that the sale be approved under the authority of Sec. 12, Act 280, P. A. 1909, as amended (page 120, Laws Relating to State Lands, 1966 edition). Melvin and Lela Mary Carter, Romulus, Michigan, surface owners, wish to acquire the following rights in order to consolidate their ownership in the property. Mineral rights Wayne County Village of Romulus Lots 12 and 13, Block 28, The Junction Subdivision of the ~ of Sec. 20, T 3 S, R 9 E Consideration: $25.00 (minimum)

ROBERT G. WOOD Lands Division

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

HOWARD A. TANNER Director

I It was moved- by Mr. Laitala, supported by Mr. Snell, that the above memorandum be NATURAL RESOURCES COMMISSION approved. The question being stated by the Chair, the motion prevailed. • Direct Oil and Gas Lease -.:;.,~. !..I The following memorandum was presented to the Commission: Memorandum to the Director: ;.. ~:.?-~T_~5~::i:~~ i Great Lakes Exploration Company, Traverse City, Michigan, has made application for an oil and gas lease covering 5.80 acres, more or less; of state-owned land under the jurisdiction of the Michigan Department of State Highways and Trans­ portation, to complete its lease interest in a 40 acre drilling unit in Section 20 of T 23 N, R 15 W, Manistee County. The applicant holds lease rights to the privately owned lands adjoining the highway property which is described on a copy on file in the Director's Office. 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 Trans­ portation recommends that a lease for communitization purposes be granted to the applicant. A bonus of $98.00 has been set as the consideration for this lease, issuance of which has been concurred in by the Geological Survey Division. Bonuses on direct leases are based on the same rate per acre at which lease rights on adja­ cent 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 lands as de~ scribed 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 under­ stood and agreed that the above-described land is leased solely for com­ munitization 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 the Natural Resources Commission. ROBERT G. WOOD • Lands Division

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

HOWARD A. TANNER Director

It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The question being stated by the Chair, the motion prevailed. Municipal Conveyance of Undedicated State-owned Land

The following memorandum was presented to the Commission: February 24, 1975 Memorandum to the Director: Applications, resolutions, and remittances have been filed by the governmental units as listed below for conveyance of State-owned lands for public use as provided 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 waived. 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 govermaental units with a tax interest. f I I i 1 • March 13- 14, 1975

, To: City of Lansing Desired by the city for resale to former owners who are elderly and hot in a financial position to repurchase if offered for sale at public auction.

J To: City of Dearborn Heights

Desired by the city who will remove the houses and utilize the vacant lots for neighborhood parks, parking lots and resale to adjoining owners.

To: City of Ecorse

Desired by the city who will remove building and then resell properties to adjoining owners.

To: City of Highland Park

Desired by the city who will sell the occupied homes to the original owners for the amount of taxes due. The vacant lots will be utilized for neighborhood parks, parking lots and resale to adjoining owners.

To: City of Inkster

Desired by city to consolidate ownership, parking lots and neighborhood parks. Removal of condemned buildings, sale of homes to former owners and very likely resale of vacant lots to adjacent owners.

To: City of River Rouge

Desired by city for resale to original owners for amount of taxes due. The vacant lots will be utilized for neighborhood parks and resale to adjoining owners.

(All land descriptions on file in the Director's Office)

ROBERT G. WOOD Lands Division

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

HOWARD A. TANNER Director

It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Sleeping Bear Dunes National Lakeshore The following memorandum was presented to the Commission: February 25, 1975 Memorandum to the Director: On December 23, 1974, legislation was enacted authorizing the Department of Natural Resources for the State of Michigan to convey certain State-owned lands and to cede certain water areas in Benzie and Leelanau counties to the United States of America for use by the National Park Service to comply with Federal legislation which was previously passed. The enabling legislation reqUires approval by this Commission of the descrip­ tions and total acreage of land to be conveyed and water area to be ceded, as well as the area to be excepted as provided in Subsection (b) of Section 2 of­ Public Laws 91-479. A further stipulation is that the deed shall contain a reverter clause and reserve all mineral, coal, oil and gas rights but not in­ cluding sand, gravel, clay or other nonmetallic minerals to the State of Michi­ gan. The instrument of conveyance. requires the approval of the Attorney General. Upon passage of Act 359, P. A. of 1974, a series of meetings were held with various- divisions within the Department and National Park Service as to how to

-.31/ NAl'URAL RESOURCES COMMISSION

accomplish this transfer in the shortest possible time with the least inter­ ruption of services to the general public. Normal spring opening of public use facilities on these lands is April 1 and it is anticipated the deeds of con­ veyance can be executed and delivered by that date, with complete transfer of • operating facilitieS, jurisdiction of land and responsibility for continued public services on April 1, 1975. It. is recommended that:

1. The State lands to be deeded and water area to be ceded as described on file in the Director's Office be approved for transfer for National lakeshore or similar public recreational purposes to the United States of America as provided by Act 359, P. A. of 1974. 2. The action taken by the Department of Natural Resources Commission on April 12, 1974 adding D. H. Day and Benzie State Parks to those in which-park permits were required for entry by motor vehicle be rescinded. 3. The action taken by the Conservation Commission on January 13, 1961 and March 13, 1959 setting aside and dedicating certain State lands for the Benzie and D. H. Day State Parks be rescinded. 4. Authorization be given to the Director under the authority of Act 17, P. A. of 1921, as amended (page 90, Laws Relating to State Lands, 1966 edition) to enter into a subordination agreement with respect to the Oil, gas and mineral reservation to the extent that normal rights of development, including rights of ingress and egress for exploration, will not be conducted or permitted on the lands conveyed or water area ceded except as such rights may be authorized in writing by the United States of America.

ROBERT G. WOOD Lands Division

O. J. SCHERSCHLIGT Parks DiVision

T. E. DAW Forestry Division

I have analyzed and discussed these recommendations with the Bureau Chiefs and staff and we concur. HOWARD A. TANNER • Director

It was moved by Mr. Laitala, supported by Mr. Snell, that the above memorandum be approved. The ~uestion being stated by the Chair, the motion prevailed.

Disposition of Abandoned Hastings Fisheries Research Station

The following memorandum vas presented to the Commission: February 25, 1975 Memorandum to the Director: A substantial portion of the State lands involved in the former Hastings Fish Hatchery were acquired in 1920 subject to a deed covenant providing for reversion of title to the City of Hastings for park purposes at such time as the lands are no longer used for a fish hatchery. There are 5 buildings located on the property conSisting of the obsolete hatchery building, a residence, two garages and a couple of storage sheds. We have the option of demolishing the buildings, for which the salvageable materials would not offset the costs, or of transferring the buildings to the City. The City officials have indicated the hatchery itself would be a liability. but the other buildings would have some utility for their use, so they would prefer to have the buildings transferred with the property. It is therefore recommended that the Natural Resources Commission; subj ect to approval by the State Administrative Board, authorize conveyance of the lands in accordance with the deed covenant.together will all buildings, appurtenant fixtures and improvements not heretofore removed by the Department of Natural f Resources. I - I I i \ March 13-14, 1975

ROBERTG. WOOD Lands Division WAYNE H. TODY Fisheries Division I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur.

HOWARD A. TANNER Director

It vas moved bY'Mr. Laitala, supported by Mr. Snell, that the above recommendation ~-·l be approved. The question being stated by the Chair, the motion prevailed. "1 J Proposed Settlement of Iron County Circuit Court Case #603

The following memorandum vas presented to the Commission:

March 4, 1975 Memorandum to the Director:

On June 26, 1973, the Honorable Ernest W. Brown, Judge of the 41st Judicial Cir­ cuit of Michigan approved a proposed settlement in the subject case subject to preparation of a stipulation agreement and concurrence to the terms thereof by the Natural Resources Commission. In essence, the agreement recognizes certain possessory rights of Aini Stream and provides for an exchange of quit claim deeds between Aini and the State. The tract in dispute is comprised of 31.40 acres. The State viII convey the southerly 10.50 acres to Aini Stream. Aini Stream will convey the northerly 20.90 acres to the State, retaining exclusive use rights by the Stream family to and in­ cluding her grandchildren now living. Such use shall not include the right to construct buildings or alter the land in any vay. The deed will authorize the State to construct a nonpublic roadway along the northerly boundary for access to adjacent State land. The State of Michigan purportedly acquired title to the lands involved through an exchange consummated in 1959 without notice or knowledge of the tenancy or claim to title by Aini Stream. In the ensuing litigation, it was established that the Stream family had occupied the property since 1910. There was little in the way of title documentation other than receipts for tenancy from the Longyear Estate to Jalmar Stream dated in the early 1930's. The Plaintiff could clearly establish possessory rights and claimed perfection of adverse title in 1954, some 5 years prior to the exchange under which the State claims title. If carried to a normal conclusion, it is an extremely difficult case to determine. The law appears to support the State's claim but the equities which the Court could possibly consider are strictly in favor of the Stream family and Mrs. Stream is an elderly widow with excellent standing in the community. It is recommended that: Accordingly, it is recommended that the proposed stipulation for settlement be approved by authorizing an exchange of deeds as described herein under authority of Act 17, Public Acts of 1921, as amended (page 90, Laws Relating to State Lands, 1966 edition) with the State deed reserving aboriginal antiquities and all mineral, coal, oil and gas rights and the Stream deed reserving exclusive use through the life of her grandchildren as previously stated. Aini Stream et al to the State of Michigan: Government Lot 6, except South 535.7 feet, Section 17, T 43 N, R 31 W - Iron County - Iron Range State Forest - 20.90 acres The State of Michigan to Aini Stream: South 535.7 feet of Government Lot 6, Section 17, T 43 N, R 31 W - Iron County - Iron Range State Forest - 10.SO acres

ROBERT C. WOOD Lands Division NATURAL RESOURCES COMMISSION

T. E. DAW Forestry Div~sion • I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur.

HOWARD A. -TANNER Director

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

St. Clair Flats Oeeds

The following memorandum was presented to the Commission: February 25, 1975

Memorandum to the Director:

The following applications for deeds to property in the St. Clair Flats have been filed together with evidence that the named applicants are the current lessees of the lands and that all taxes are paid. The deed consideration is based on the value of the land in its original state exclusive of improvements that have been made by dredging, leveling off. sheet­ piling, erecting docks, buildings or structures of any kind. Credit is also given for any unused lease rental. The minimum consideration for any deed is $100.00. It is hereby recommended that deeds be granted to the applicants for the con­ siderations indicated, under the provisions of Sec. 2a, Act 326, P.A. 1913, as amended (page 137, Laws Relating to State Lands, 1966 edition) subject to the paramount rights of navigation, hunting and fishing which remain in the general public and in the government as now existing and recognized by law. Harry Cornett and PhylliS Cornett, Detroit, Michigan Lots 178, 179 and 180, South Channel Residence Consideration: $642.86 ($220.34 on Lot 178, $128.62 on Lot 179, and $293.90 on Lot 180) • Edward K1mmen and Jacqueline L. Kimmen, Lighthouse Point, Florida ParcellS of Middle Channel Lake Estates. an unrecorded replat of Lots 39, 40 and 41. Middle Channel Section, more particularly described as follows: Beg. at a pOint on the E'ly line of said Lot 39, S 100 15' E 68.00 feet from the NE'ly corner of said Lot 39, th S 100 15' E 55 feet, th S 79 0 45' W 198.28 feet, N 100 15' W 55.00 feet, th N 79 0 45' E 198.28 feet to the point of beg., except that the W'ly 20 feet is reserved for use of hwy and public utility purposes only by all of the owners of tots 39, 40 and 41. Middle Channel, also except that the E'ly 40 feet is reserved for canal and water passage use only. Middle Channel Section Cottage and recreational Consideration: $100.00 (minimum) ROBERT G. WOOD Lands Division I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur. HOWARD A. TANNER Director It was moved by Mr. La1tala, supported by Mr. Snell. that the above recommendation be approved. The question being stated by the Chair, the motion prevailed. f Sand and Gravel Lease Sale - March 6. 1975 I The following memorandum was presented to the Commission: i I ,I ! March 13-14, 1975 March 7, _1975 Memorandum to the Director:

This late memorandum is submitted in order to avoid an ~tended suspension of 1 gravel mining and processing operations by Bernthal Sand and Gravel, Inc., the successful bidder at a sale hald on March 6, 1975 which involved the offering of sand and gravel lease rights to the following described 78.80 acres of land which the State of Michigan owns in fee: Tuscola County T 12 N, R 8 E, Sec. 25: E~ of ~ except a parcel beg. 100 feet S of the NE corner of S~ of ~, th W 264 feet, S 200 feet, E 264 feet, N 200 feet to the point of beg.

The circumstances are as follows: 1 1 This land was purchased by the State in 1955 subject to a gravel reservation extending until February 16, 1975. Until that date Bernthal produced gravel from this property pursuant to the reservation and has a substantial invest­ ment in equipment on the premises.

It was originally intended to issue a Mineral Permit to Bernthal on February 16, 1975 when these rights became state-owned. However, more than one appli­ cation was received for a permit, and as there is room for only one gravel operation on the property a lease sale was scheduled to qualify a lessee. When this determination was made, advertising requirements for the public auction sale of lease rights resulted in the sale being held after the memoranda deadline date for the regular agenda.

Delay in securing Commission approval of the lease sale until April would mean that consideration by the State Administrative Board could not be obtained un­ til May.

There is substantial material still available which can be economically mined without detriment to the wildlife purposes for which this land was acquired. The reservation of gravel rights did not contain restoration provisions. However, this situation will be remedied under the terms of the lease which does contain appropriate operating and restoration requirements as formulated by the Geological Survey Division. The minimum bid of $50.00 was made at" the lease sale by Bernthal Sand and Gravel, Inc. of Reese, Michigan, and no other bids were received. Payment of the full amount bid has been made. In accordance with the above, it is recommended that leasing of this state­ owned land to the successful bidder named by approved by the Natural Resources Commission under the authority of Section 2, Act 17, P.A. 1921, as amended (page 91, Laws Relating to State Lands, 1966 edition).

MERRILL L. PETOSKEY Wildlife Division

ROBERT G. WOOD Lands Division I have analyzed and discussed this recommendation with the Bureau Chiefs and staff and we concur.

HOWARD A. TANNER Director

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

Director's Matters f Copies of the "final" draft of Department of Natural Resources Administrative I Rules~e distributed to the Commission and others for review. ! March 13-14, 1975

Formal tentative approval scheduled for April, 1975, meeting. Commissioner Wolfe asked that copies of the rules be immediately_sent to the various environmental groups involved with the revision. • Commissioner Laitala mentioned the Department (as soon as funds are available) has an obligation to follow through with the compensation to c~ercial fishermen who were required to convert from gill nets to trap nets. Ralph Purdy reported on the disposition of several cases involving tllegal dredge and fill matters: a. At Sayres Lake - an illegal daa had been built across this tributary. to Manistee River which resulted in flooding of state forest land and daaage to the forest. An out of court settlement: Cash settlement to the Department of Natural Re­ sources and an agreement for removal of the daa and restoration of the streaa to its original condition (as near as possible); . b. Brooks Lake - Tote Road -- The court ordered removal of a culvert and restoration of the stream (as near as possible to its original condition). c. Pere Marquette River - Illegal Fill - Department of Natural Resources used Department funds to remove the fill; the court ordered the person responsible to reimburse the Department for the costs incurred in the removal of the fill. Director Tanner congratulated Harold MacSwain on his upcoming retirement. News item read by Commission Johnson: The request by Kenting Corporation for per­ mit to conduct seismographic surveys in lakes Huron and Michigan has been denied by the Director. --_.-.- --,;;

Announcements

Mr. Guenther announced the next meeting of the Natural Resources Commission will be April 10-11, 1975, at the Olds Plaza Hotel in Lansing. There being no further business to be conducted, the meeting was adjourned at 11:20 a.m., Friday, March 14, 1975.

CARL T. JOHNSON CHARLES J. GUENTHER Chairman Executive Assistant

I- f iI I •