THE RESTATED AND AMENDED POSITION STATEMENT OF THE HIGGINS LAKE LAND CONSERVANCY REGARDING THE PROPOSED LAKE WIDE SEWER SYSTEM FOR HIGGINS LAKE
The Need For A Restated Position Statement By HLLC:
In 2022 the HLLC adopted its initial position statement regarding a proposed sewer system for Higgins Lake. At that time the HLLC believed that additional science-based data, together with accurate construction cost projections and sources of funding, were needed before HLLC could fully endorse the construction of a lake-wide system. Additionally, the HLLC firmly asserted that it could only support a lake-wide sewer system, if such a system was a component of an overall plan to reduce to the extent possible, nutrient loading into Higgins Lake. Since 2022, HLLC has been asked by proponents of a lake-wide sewer system to revisit the HLLC position statement. The requests made of HLLC to revisit our 2002 position statement is the principal reason we are doing so now.
In preparation to prepare a restated and amended position regarding the need for a lake-wide sewer system at Higgins Lake, HLLC has gathered additional facts that bear on the position. These facts include: 1) an undisputed, and recently completed, water analysis that shows Higgins Lake to currently have levels of both nitrogen and phosphorus that fall below EPA recognized levels that would lead to increased plant growth. By all objective measures this is an excellent outcome; 2) a material misrepresentation made by the Muskegon River Watershed Alliance (MRWA) that Higgins Lake was annually contributing six to seven metric tons of phosphorus to the Muskegon River Watershed. In fact, the contribution made by Higgins Lake is less that one metric ton, annually; 3) HLLC has learned that a strong supporter of the proposed sewer project has attempted to quash the results of a science-based report commissioned by HLLC to gather comprehensive data on the need for a lake-wide sewer system for Higgins Lake; and, 4) HLLC has learned that claims made that a sewer system will prevent dangerous PFAS from migrating into the waters of Higgins Lake belies the fact that no such sewer system technology currently exists. None of the above facts were known to HLLC in 2022. An additional concern is how this capital-intensive project will be financed. The availability of abundant low-cost, long-term funding through grants and government programs has proven to be more elusive than anticipated.
A Comprehensive Approach Remains Necessary:
The Higgins Lake Land Conservancy places a high value on preserving both the rural recreational character of the Higgins Lake watershed and the water quality of Higgins Lake. As part of our mission, HLLC has been laser focused on the nutrient loading into the Higgins Lake watershed, particularly as the nutrient loading pertains to so-called total phosphorus (hereinafter “TP”) and nitrogen compounds. TP is the limiting nutrient which substantially contributes to algal and other plant growth in the lake. Because all recent water samples have shown the levels of nitrates and nitrites to be low enough to be considered undetectable, nitrogen compounds do not appear to currently represent a threat. Reliable scientific research has shown that unregulated and inefficient septic systems may be a source of TP loading into ground water, and eventually into lakes. HLLC is an advocate of eliminating the contributions septic systems make to nutrient loading at Higgins Lake via a lake wide sewer system so long as the benefit a lake wide sewer system provides is proportionate to the cost of such a system. In this regard we are asking what anyone impacted by the proposed sewer system should ask which is “does the benefit justify the cost?” To date, HLLC has not been provided with any reliable data regarding the true cost of the system to impacted land owners, nor a reliable data driven estimate of the expected removal efficiency of the system.
Effective control of nutrient loading is an appropriate component of a comprehensive master plan to maintain the quality of the waters of Higgins Lake and to manage future development of the Higgins Lake watershed. A lake wide sewer system may or may not be one piece of the puzzle in controlling nutrient loading into the watershed. HLLC advocates for development of a master plan to control nutrient loading into the watershed.
Nutrient loading must be controlled by an array of best environmental practices. In lieu of a lake wide sewer system, this may also be accomplished with cluster sewer systems placed in densely populated areas around the lake together with a robust and enforceable septic system ordinance. Other significant sources of nutrient loading that must also be managed are watershed surface runoff, road end erosion, and shoreline erosion. Enjoining the use of illegal fertilizers within the watershed is extremely important. The deforestation of nearshore properties, which reduces the attenuation (filtering) of nutrients in septic effluent, and the removal of natural greenbelts along the shoreline also add to the nutrient loading. Finally, an overabundance of impervious surfaces such as large roof systems, paved driveways and road ends along the lakefront contribute to nutrient loading.
The Proposed Lake Wide Sewer System May Not Be The Best Answer:
HLLC has worked with an engineering firm that successfully developed a master watershed overlay ordinance at Crystal Lake. The same firm is in the process of incorporating a similar master watershed overlay ordinance at Glenn Lake. Lyon Township at Higgins Lake has implemented an overlay district and adopted a township-wide regulatory septic ordinance. Lyon Township has taken some of the steps necessary to protect the lake, and the township should be applauded for doing so. HLLC strongly believes that Higgins Lake requires a macro approach so that all of the negative environmental issues that Higgins Lake is experiencing may be addressed. It is time to become serious about these issues and HLLC intends to work toward a partnership between the private sector and government that considers all of the macro environmental issues that Higgins Lake has.
There have been numerous Higgins Lake phosphorus loading studies completed over the last 50 years. A 1975 Environmental Protection Agency study estimated that all Higgins Lake septic systems combined added 640 pounds of phosphorus per year to the lake. A study completed in 1980 by Reckhow et al similarly estimated the phosphorus load at 571 pounds per year. The Schultz and Fairchild study completed in 1984 estimated phosphorus loading at 1,435 pounds per year. Finally, a LimnoTech study completed in 1992 estimated phosphorus loading at 1,280 pounds per year. As an outlier, a Huron Pines study, completed in 2007, reported phosphorus loading from septic tanks at 98,710 pounds per year. The Huron Pines study has now been found to have a critical conversion error, along with several questionable scientific assumptions. With the Huron Pines study conversion error corrected, and the assumptions adjusted to fit with the other studies done, the Huron Pines study estimates phosphorus loading at 4,965 pounds per year. The corrected 2007 Huron Pines study still produces a number five times more than the average of all the previous studies. It is extremely concerning that the 2007 Huron Pines study is a supporting source of information for the current proposal to install sewers around the entire lake. The need to reconcile the various historical data regarding phosphorus loading is precisely why HLLC commissioned the Tip Of The Mitt Watershed Council study noted above. It is very troubling to HLLC that a supporter of the sewer project attempted to derail that study.
According to the engineers at LimnoTech, the primary reason that 2007 Huron Pines estimate presents a TP load five times higher than all the other studies is in the number of septic systems included in the studies ’estimate. The Huron Pines study defined a critical area of 1,000 feet from the shoreline and therefore calculated that there were 4,528 septic systems under consideration. Earlier studies accounted for approximately 1,000 septic systems within a smaller impact zone of 300 feet from the shoreline. In short, the Huron Pines study, upon which the current proposed sewer system heavily relies, more than tripled the critical zone under consideration. LimnoTech is critical of broadening the impact zone to 1,000 feet. LimnoTech’s position is buttressed by the Schultz and Fairchild study which assumed that residents more than 300 feet from the lakeshore would not contribute to phosphorus loading to the lake. Indeed, a 1972 soil study by Scneider and Erickson determined the soil surrounding Higgins Lake is composed of sands that have a relatively high phosphorus binding capacity. The 2007 Huron Pines study apparently did not account for the binding capability of the sands around Higgins Lake and therefore put the boundary for impact at 1,000 feet.
Of great concern to the Higgins Lake Land Conservancy is that the sewer district, as proposed, may be too far reaching and command too great of a share of available local financial resources in exchange for a return that is only modestly better than what smartly placed cluster systems and a stringent lake wide septic system ordinance would offer. This concern is based upon: 1) LimnoTech’s conclusion that there is low impact a septic tank and drain field has on nutrient loading, when located beyond 100 ’from the water; 2) the apparent truth that a properly maintained septic tank and drainfield located in soils with high binding capacity, while perhaps not perfect in the elimination of all nutrients, is still quite effective; and, 3) cluster systems can be placed in areas that are not environmentally friendly to a septic tank and drain field at a greatly reduced cost compared to a lake wide system.1
1 A cluster sewer system has been effectively implemented at Camp Curnalia.
Of additional concern to HLLC is that the proposed project may invite urbanization of the lake. There is a strong possibility that a Higgins Lake sewer system of the size being proposed, even though well intentioned, may, in the long run, do more harm than good to the watershed of Higgins Lake by encouraging urban style development. This is true because a sewer system makes it feasible for developers to make use of smaller and more intense building sites. In contrast, a septic tank and drain field take up much more space on a building site, and also require potable water well isolation. The net effect of having to use a well-functioning septic and drain field, as opposed to a sewer connection, is that the building site must be larger to accommodate the same amount of development. The larger the building site, the less overdevelopment is possible.
The Local Units of Government Have Made a Good Start on a Comprehensive Plan:
The Gerrish Township Master Plan outlines the following objectives for Gerrish Township:
1. Protecting the township’s rural and resort atmosphere;
2. Protecting the quality of life;
3. Protecting the township’s natural resources, including Higgins Lake and its shorelines;
4. Minimizing tax burdens;
5. Ensuring appropriate land use and adequate services to protect the public health, safety and welfare of residents and visitors;
6. Ensuring compatibility with the use and development of neighboring properties.
As noted above, Lyon Township has commenced a comprehensive plan for the care of Higgins Lake in a progressive manner. Lyon Township’s adoption of a shoreline protection overlay district is intended to achieve the following specific objectives:
1. Avoid excessive structural encroachment on the waters and waterways of Lyon Township;
2. Maintain a high-water quality by encouraging greenbelts along waterfronts to filter out nutrients and sediment from surface runoff;
3. Protect the natural environment of the lake for wildlife habitat purposes and preservation through promoting natural waterfront landscapes;
4. Promote the general welfare of Higgins Lake and the township by protecting water quality, ground water resources, public health, property values, recreational values, riparian rights and safeguarding against flooding;
Both Gerrish Township and Lyon Township have an apparent land use vision consistent with the Higgins Lake Land Conservancy’s vision for Higgins Lake. Overall, it appears that a comprehensive master plan which includes effective ordinances and enforcement of same, may present Higgins Lake and the watershed with a real opportunity for viable long-term water quality at a cost which is affordable to the property owners within the watershed. Such a master plan would necessarily need to incorporate consideration of nutrient loading from all sources, including road ends and lakeside lawns. A vigorous inspection and maintenance program for septic systems would also be necessary. HLLC remains ready to participate in further discussions on all of the issues raised within this restated and amended position statement. Further, HLLC looks forward to a completion of the science-driven, fact-based, study of the Tip Of The Mitt Watershed Council so that all the analysis is available to all stakeholders related to the proposed sewer system.
Dated: June ___, 2024. Higgins Lake Land Conservancy Board of Directors
The Need For A Restated Position Statement By HLLC:
In 2022 the HLLC adopted its initial position statement regarding a proposed sewer system for Higgins Lake. At that time the HLLC believed that additional science-based data, together with accurate construction cost projections and sources of funding, were needed before HLLC could fully endorse the construction of a lake-wide system. Additionally, the HLLC firmly asserted that it could only support a lake-wide sewer system, if such a system was a component of an overall plan to reduce to the extent possible, nutrient loading into Higgins Lake. Since 2022, HLLC has been asked by proponents of a lake-wide sewer system to revisit the HLLC position statement. The requests made of HLLC to revisit our 2002 position statement is the principal reason we are doing so now.
In preparation to prepare a restated and amended position regarding the need for a lake-wide sewer system at Higgins Lake, HLLC has gathered additional facts that bear on the position. These facts include: 1) an undisputed, and recently completed, water analysis that shows Higgins Lake to currently have levels of both nitrogen and phosphorus that fall below EPA recognized levels that would lead to increased plant growth. By all objective measures this is an excellent outcome; 2) a material misrepresentation made by the Muskegon River Watershed Alliance (MRWA) that Higgins Lake was annually contributing six to seven metric tons of phosphorus to the Muskegon River Watershed. In fact, the contribution made by Higgins Lake is less that one metric ton, annually; 3) HLLC has learned that a strong supporter of the proposed sewer project has attempted to quash the results of a science-based report commissioned by HLLC to gather comprehensive data on the need for a lake-wide sewer system for Higgins Lake; and, 4) HLLC has learned that claims made that a sewer system will prevent dangerous PFAS from migrating into the waters of Higgins Lake belies the fact that no such sewer system technology currently exists. None of the above facts were known to HLLC in 2022. An additional concern is how this capital-intensive project will be financed. The availability of abundant low-cost, long-term funding through grants and government programs has proven to be more elusive than anticipated.
A Comprehensive Approach Remains Necessary:
The Higgins Lake Land Conservancy places a high value on preserving both the rural recreational character of the Higgins Lake watershed and the water quality of Higgins Lake. As part of our mission, HLLC has been laser focused on the nutrient loading into the Higgins Lake watershed, particularly as the nutrient loading pertains to so-called total phosphorus (hereinafter “TP”) and nitrogen compounds. TP is the limiting nutrient which substantially contributes to algal and other plant growth in the lake. Because all recent water samples have shown the levels of nitrates and nitrites to be low enough to be considered undetectable, nitrogen compounds do not appear to currently represent a threat. Reliable scientific research has shown that unregulated and inefficient septic systems may be a source of TP loading into ground water, and eventually into lakes. HLLC is an advocate of eliminating the contributions septic systems make to nutrient loading at Higgins Lake via a lake wide sewer system so long as the benefit a lake wide sewer system provides is proportionate to the cost of such a system. In this regard we are asking what anyone impacted by the proposed sewer system should ask which is “does the benefit justify the cost?” To date, HLLC has not been provided with any reliable data regarding the true cost of the system to impacted land owners, nor a reliable data driven estimate of the expected removal efficiency of the system.
Effective control of nutrient loading is an appropriate component of a comprehensive master plan to maintain the quality of the waters of Higgins Lake and to manage future development of the Higgins Lake watershed. A lake wide sewer system may or may not be one piece of the puzzle in controlling nutrient loading into the watershed. HLLC advocates for development of a master plan to control nutrient loading into the watershed.
Nutrient loading must be controlled by an array of best environmental practices. In lieu of a lake wide sewer system, this may also be accomplished with cluster sewer systems placed in densely populated areas around the lake together with a robust and enforceable septic system ordinance. Other significant sources of nutrient loading that must also be managed are watershed surface runoff, road end erosion, and shoreline erosion. Enjoining the use of illegal fertilizers within the watershed is extremely important. The deforestation of nearshore properties, which reduces the attenuation (filtering) of nutrients in septic effluent, and the removal of natural greenbelts along the shoreline also add to the nutrient loading. Finally, an overabundance of impervious surfaces such as large roof systems, paved driveways and road ends along the lakefront contribute to nutrient loading.
The Proposed Lake Wide Sewer System May Not Be The Best Answer:
HLLC has worked with an engineering firm that successfully developed a master watershed overlay ordinance at Crystal Lake. The same firm is in the process of incorporating a similar master watershed overlay ordinance at Glenn Lake. Lyon Township at Higgins Lake has implemented an overlay district and adopted a township-wide regulatory septic ordinance. Lyon Township has taken some of the steps necessary to protect the lake, and the township should be applauded for doing so. HLLC strongly believes that Higgins Lake requires a macro approach so that all of the negative environmental issues that Higgins Lake is experiencing may be addressed. It is time to become serious about these issues and HLLC intends to work toward a partnership between the private sector and government that considers all of the macro environmental issues that Higgins Lake has.
There have been numerous Higgins Lake phosphorus loading studies completed over the last 50 years. A 1975 Environmental Protection Agency study estimated that all Higgins Lake septic systems combined added 640 pounds of phosphorus per year to the lake. A study completed in 1980 by Reckhow et al similarly estimated the phosphorus load at 571 pounds per year. The Schultz and Fairchild study completed in 1984 estimated phosphorus loading at 1,435 pounds per year. Finally, a LimnoTech study completed in 1992 estimated phosphorus loading at 1,280 pounds per year. As an outlier, a Huron Pines study, completed in 2007, reported phosphorus loading from septic tanks at 98,710 pounds per year. The Huron Pines study has now been found to have a critical conversion error, along with several questionable scientific assumptions. With the Huron Pines study conversion error corrected, and the assumptions adjusted to fit with the other studies done, the Huron Pines study estimates phosphorus loading at 4,965 pounds per year. The corrected 2007 Huron Pines study still produces a number five times more than the average of all the previous studies. It is extremely concerning that the 2007 Huron Pines study is a supporting source of information for the current proposal to install sewers around the entire lake. The need to reconcile the various historical data regarding phosphorus loading is precisely why HLLC commissioned the Tip Of The Mitt Watershed Council study noted above. It is very troubling to HLLC that a supporter of the sewer project attempted to derail that study.
According to the engineers at LimnoTech, the primary reason that 2007 Huron Pines estimate presents a TP load five times higher than all the other studies is in the number of septic systems included in the studies ’estimate. The Huron Pines study defined a critical area of 1,000 feet from the shoreline and therefore calculated that there were 4,528 septic systems under consideration. Earlier studies accounted for approximately 1,000 septic systems within a smaller impact zone of 300 feet from the shoreline. In short, the Huron Pines study, upon which the current proposed sewer system heavily relies, more than tripled the critical zone under consideration. LimnoTech is critical of broadening the impact zone to 1,000 feet. LimnoTech’s position is buttressed by the Schultz and Fairchild study which assumed that residents more than 300 feet from the lakeshore would not contribute to phosphorus loading to the lake. Indeed, a 1972 soil study by Scneider and Erickson determined the soil surrounding Higgins Lake is composed of sands that have a relatively high phosphorus binding capacity. The 2007 Huron Pines study apparently did not account for the binding capability of the sands around Higgins Lake and therefore put the boundary for impact at 1,000 feet.
Of great concern to the Higgins Lake Land Conservancy is that the sewer district, as proposed, may be too far reaching and command too great of a share of available local financial resources in exchange for a return that is only modestly better than what smartly placed cluster systems and a stringent lake wide septic system ordinance would offer. This concern is based upon: 1) LimnoTech’s conclusion that there is low impact a septic tank and drain field has on nutrient loading, when located beyond 100 ’from the water; 2) the apparent truth that a properly maintained septic tank and drainfield located in soils with high binding capacity, while perhaps not perfect in the elimination of all nutrients, is still quite effective; and, 3) cluster systems can be placed in areas that are not environmentally friendly to a septic tank and drain field at a greatly reduced cost compared to a lake wide system.1
1 A cluster sewer system has been effectively implemented at Camp Curnalia.
Of additional concern to HLLC is that the proposed project may invite urbanization of the lake. There is a strong possibility that a Higgins Lake sewer system of the size being proposed, even though well intentioned, may, in the long run, do more harm than good to the watershed of Higgins Lake by encouraging urban style development. This is true because a sewer system makes it feasible for developers to make use of smaller and more intense building sites. In contrast, a septic tank and drain field take up much more space on a building site, and also require potable water well isolation. The net effect of having to use a well-functioning septic and drain field, as opposed to a sewer connection, is that the building site must be larger to accommodate the same amount of development. The larger the building site, the less overdevelopment is possible.
The Local Units of Government Have Made a Good Start on a Comprehensive Plan:
The Gerrish Township Master Plan outlines the following objectives for Gerrish Township:
1. Protecting the township’s rural and resort atmosphere;
2. Protecting the quality of life;
3. Protecting the township’s natural resources, including Higgins Lake and its shorelines;
4. Minimizing tax burdens;
5. Ensuring appropriate land use and adequate services to protect the public health, safety and welfare of residents and visitors;
6. Ensuring compatibility with the use and development of neighboring properties.
As noted above, Lyon Township has commenced a comprehensive plan for the care of Higgins Lake in a progressive manner. Lyon Township’s adoption of a shoreline protection overlay district is intended to achieve the following specific objectives:
1. Avoid excessive structural encroachment on the waters and waterways of Lyon Township;
2. Maintain a high-water quality by encouraging greenbelts along waterfronts to filter out nutrients and sediment from surface runoff;
3. Protect the natural environment of the lake for wildlife habitat purposes and preservation through promoting natural waterfront landscapes;
4. Promote the general welfare of Higgins Lake and the township by protecting water quality, ground water resources, public health, property values, recreational values, riparian rights and safeguarding against flooding;
Both Gerrish Township and Lyon Township have an apparent land use vision consistent with the Higgins Lake Land Conservancy’s vision for Higgins Lake. Overall, it appears that a comprehensive master plan which includes effective ordinances and enforcement of same, may present Higgins Lake and the watershed with a real opportunity for viable long-term water quality at a cost which is affordable to the property owners within the watershed. Such a master plan would necessarily need to incorporate consideration of nutrient loading from all sources, including road ends and lakeside lawns. A vigorous inspection and maintenance program for septic systems would also be necessary. HLLC remains ready to participate in further discussions on all of the issues raised within this restated and amended position statement. Further, HLLC looks forward to a completion of the science-driven, fact-based, study of the Tip Of The Mitt Watershed Council so that all the analysis is available to all stakeholders related to the proposed sewer system.
Dated: June ___, 2024. Higgins Lake Land Conservancy Board of Directors
