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November 8, 2003
TO: All Cabin Owners
FROM: Beaver Lake Board
RE: Status of Sewer District Project
Dear Cabin Owners:
I am writing to update all of you on the status of the Beaver Lake sewer project. A lot has happened over the last year so I thought I would first start with a summary of what has happened since approximately November 2002.
As all of you should know by now from prior correspondence, a facilities plan was submitted to the Minnesota Public Facilities Authority (MPFA) in April of 2002. The Minnesota Public Facilities Authority released its list of the 2003 draft of intended use plan (IUP) in the fall of 2002. The Beaver Lake project had fairly high priority points but was ranked 64th which was not enough to qualify for a grant. We also received word from rural development, a branch of the USDA, that Beaver Lake does not qualify for a grant from rural development. Rural development funds projects on the basis of income and affordability. The seasonal residences, leased land, and median income of the owners of Beaver Lake properties lead rural development to the conclusion that the project is not eligible for a grant from them.
The Beaver Lake board met in October of 2002 to discuss the feasibility of the project proposed by Bonestroo in light of the fact that the Beaver Lake project will not qualify for a grant. The board voted to look for less costly alternatives. One of those alternatives was to find out whether the Bonestroo proposal could be reduced in any significant way. It was determined that it could not.
At the spring meeting in May, the board welcomed Doug Malchow and Nick Haig from the Southern Minnesota Water Resources Board. The Southern Minnesota Water Resources Board works in several counties, including Steele, to inform, educate, and assist citizens on bringing their septic systems into compliance with existing law. Mr. Haig pointed out that even though the Bonestroo project is not economically feasible, that the Beaver Lake board and the citizens in general have learned a lot as a result of working on that project. The board decided to move forward with either a Sewer District in place or some other statutorily authorized vehicle such as a Subordinate Service District under Minn. Stat. §365A.01. The board then discussed the prospect of cabin owners pursuing their own projects but not alone, rather together with their neighbors. Rick Firme explained that he and three of his neighbors had already started working on their own project which was eventually completed in the fall of this year.
Mr. Haig appeared at our annual meeting in July and delivered a presentation on the importance of proper treatment and disposal of sewage around the lake. Once the systems are brought into compliance, the next step would be to make sure compliance is maintained. Mr. Haig suggested that Beaver Lake needed a more complete assessment as to the cabins that are in compliance, those that are not, and those that could be made compliant with a little effort. Mr. Haig reminded everyone that this is a community issue and that all options need to be discussed with neighbors so that everyone is included in finding a system that works for everyone. Mr. Haig also suggested that several seminars be scheduled to develop a community vision and set up an organizational structure to explore the options for wastewater treatment, management and financing.
Since the annual meeting in July, two informational meetings have been held in August and September. At the last meeting, a map was available which set forth the information that the County has as of this date concerning compliance or non-compliance or something somewhere in between. A copy of this map is enclosed with this newsletter. A list of individual sewage treatment system contractors was also provided at the last meeting. I am enclosing this list as well. In addition, there were many other handouts at the meeting regarding septic system installation, a guide to hiring septic system professionals and water quality in general.
It was pointed out by Dale Oolman that the standards for septic systems have basically stayed the same since 1973 but enforcement has increased. Some changes were made in 1994 with the passage of the Individual Sewage Treatment System Act, which essentially tightened up the current regulations. Mr. Oolman explained that the County can enforce compliance with the septic tank regulations at the time that the property is sold, new construction, or when a permit is requested. The County recognizes that it is difficult around Beaver Lake due to the small lots and therefore up to this point, variances have been granted and permits have been obtained. Mr. Oolman also indicated that the county has is no mechanism in place for setting a time deadline for all of us to bring our septic systems into compliance. A time deadline, if it is to be set at all, will need to be established by either the Sanitary District or a Subordinate Service District as established by the Beaver Lake community.
After the September meeting, it was determined that probably the best way for the Beaver Lake community to go is through a Subordinate Service District subordinate to either Steele County or the Township board. It was explained that the Subordinate Service District will handle smaller groups better than a sanitary or "Sewer District". Subordinate Service Districts are relatively new and did not exist at the time that the Beaver Lake Clean Water Action Corporation petitioned the County for a Sanitary District years ago. A Sanitary District would work well if we were talking about a big project such as the one proposed by Bonestroo. However, since the Bonestroo project is never going to happen, it is prudent for us to consider a less complicated, less restrictive, more flexible and easier to establish alternative such as the Subordinate Service District. Through the Subordinate Service District, we would have authority to tax and assess and maintain the systems. The ultimate liability and authority would rest with the Township board or the County depending which one we are subordinate to. In order to form a Subordinate
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