CONTROLLED-ACCESS LOTS VOTED DOWN BY COUNTY BOARD OF COMMISSIONERS

by Al Griggs, President

Victory! -- At least, for now...

The Cass County Board of Commissioners, at their meeting on Tuesday, September 6, 2005, voted unanimously to eliminate Controlled Access Lots from their Land Use Ordinances. This vote was based on a first reading of the revised ordinance, and will not be final unless approved again at the Board of Commissioners' meeting on October 4. 2005. This second reading of the proposed ordinance is scheduled for 10 a.m. The current moratorium on approval of requested Controlled Access Lots will be continued until a suitable revised ordinance is drawn up and approved.

An exception to the rejection of Controlled Access Lots, requested by John Sumption, Director, Cass County Environmental Services Department, would allow up to six riparian owners in environmentally sensitive areas (e.g., marshes) to share an access lot in more suitable adjacent shoreland.

Many thanks to Randy Vosbeck, Chair, Zoning Committee, for his Resolution urging elimination of Controlled Access Lots. This resolution was approved by the TMLA Board and read to the Board of County Commissioners. I believe this Resolution played a significant part in the Commissioners' decision.

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THE HONOR ROLL

The following Ten Mile residents have earned Honor Roll recognition by installing new approved waste water treatment systems or by applying to upgrade an existing system, since we last published an Honor Roll (Fall, 2004):

We congratulate these residents who have joined the growing list of persons taking action to help protect the water and the environment of Ten Mile Lake. Reports on water quality received by the Environment and Ecology Committee suggest that the association's emphasis on improving septic systems is effective in reducing the nutrients and pollutants in the lake and in increasing water clarity. If you or someone you know should be listed here and is not, please let us know, so that we can add these names to the Honor Roll in a later edition of the Newsletter.

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FROM THE PRESIDENT'S DESK

By Al Griggs, President, TMLA

It's hard to believe that summer is essentially over. This has been an active year where the Ten Mile Lake Association is concerned. Many things are happening in the lake country, developmentally and politically; statewide, countywide, and locally. I would like to touch on a few of them.

The TMLA wholeheartedly applauds all efforts to maintain and improve the quality of our lakes and land. However, great vigilance is and will be required by all to insure that wise decisions are made regarding the stewardship of our beautiful land of lakes. Development will inevitably occur and must be allowed for in an orderly and controlled fashion. Although I was unable to be present, I am told that our Annual Meeting was a great success! Kudos to Ken Regner, E&E Co-chair and to Tom Cox, our outgoing President, for their wonderful slide presentations on the history of TMLA, what we do, and how we spend our money! I am told that our webmaster is investigating the possibility of putting these slide presentations on our TMLA website. Also, kudos to Joe Green of Kenfield Bay who successfully undertook a lawsuit at substantial personal expense, to reverse and remand the planning commission's approval of the Kenfield Pines PUD.

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THE LOON JOURNAL

by Kim Moe, Loon Committee

During the summer of 2005, TML had four nesting pairs of loons: two pairs nested on platforms and two pairs nested naturally. Six chicks survived the entire summer. Members of the Loon Committee have been busy taking in the platforms and the buoys for winter repair and storage.

Late summer and fall is a great time to observe "rafting" -- when large numbers of loons gather together for sessions of cruising, feeding, loafing and socializing. We have had reports of up to 66 loons gathered together in the deep waters of TML -- it is a great sight to see!!

Being the original "snowbirds," the loons are looking southward as the winter months approach. Adult loons will begin migrating first; the juveniles will be the last to leave our lake. Temperature, length of day, food supplies and instincts all play a part in the time a loon decides to leave for the season. Loons do not migrate in flocks but migrate singly or in small groups. They travel to the Atlantic coastal waters and the Gulf of Mexico. Apparently winter's approach is a good motivator as loons have been observed to fly at 93 to 108 miles per hour during the fall migration.

Loons are not as attractive or vocal in the winter months. They have lost their checkerboard spots and vibrant colors. Loons are just a quiet, shy, gray bird fishing on the coastal waters off Florida and in the gulf. As author Joe Anderlink stated: "The loon's natural environment is the north country; when they are out of their natural environment, they are just another bird."

This fall our final loon survey will be mailed to Pam Perry at the DNR office in Brainerd, MN. It will be interesting to receive her final survey results for 2005 and compare how TML is doing in relation to other lakes in Minnesota regarding nesting pairs and chick survival.

A POEM: FOOD CHAIN

by Sarah Cox

It is the lavender time of dusk,
sun just gone,
darkness creeping up the sky
as our boat moves into the bay.
Ahead we see
a long dock stretching out into the darkening lake
a light stationed at the end, well shielded above,
all its pale yellow glowing downward
to guide a late arrival home,
and in the dome of light,
a solitary heron poised and still,
standing on one leg.
A pretty picture, don't you think?
Heron, dock, lake, light, in lavender air?

But look again - it's all there, you see.
The light attracts the insects -
 moth, mosquito, midge, mayfly,
odd ironclad beetles flinging themselves against the light,
whatever winged horde our mother, nature,
is featuring this week.

And see - the insects attract the fish,
darting and leaping
after the flying, falling insects
and around the edges of the light, perhaps,
lurk larger fish, hoping for a taste of smaller fry.
And again - the fish attract the heron
who feeds upon the fish
with sudden darting of rapier beak.

We ought to snatch this fish-fattened bird,
clasp him by stick-figure legs and curvy neck,
tear apart the fragile, flight-formed bones,
consume the raw and stringy flesh,
blood running down our chins,
throw bones and entrails into the dark waters.

But we pass on by
to our appointed dinner,
of chicken, seafood, steak,
delicately eaten with knife and fork.
We sip our wine, and afterwards,
sated, we pat our lips with snowy napkins.

From the Notebook

By Jim Schwartz

THE TIMES, AS IS OFTEN NOTED, are a changin'. In my file is a 1928 newspaper ad from Boone, Iowa, hawking Ten Mile Lake lots. The ad is signed by W. E. Zimbeck, who offers "several good lots facing the lake for $100, $150, $175, $200 each." What's more, his "payment plan" promises "the first five lots to go will be sold without interest." Besides himself, Mr. Zimbeck lists W. H. Canier, Dr. M.C. Jones, R.R, Cobb, Dr. N. M. Whitehill, Dr. L. A. Bassett, Fred W. Crary, H. H. Canfield, Rev. Muneke and C. C. Ball as other cottage owners on Ten Mile, suggesting that the land being marketed likely was in the Boone Point area. The ad locates Hackensack as "near Itaska Park" and describes the trip from Boone as a less than 15 hours' drive on "paved roads half the way, the remainder graveled."

WHEN WE WERE SCOUTING Ten Mile for a lot in '59 most undeveloped shoreland was being priced at around $15 per front foot. As incredibly low as that figure seems now, back then it was considered a pretty steep tab, so much so, in fact, that obtaining a bank loan for such a purpose was difficult. Too risky. Not any more. As everyone knows, buildable lake property has become so dear that values have rocketed way into the stratosphere.

CAN THE BOOM LAST? Well, we're not making any more lakes, but we are creating more people, many hoping to find suitable lakeshore for second or retirement homes. What that means, obviously, is ever-increasing pressure on what is termed a "lake's carrying capacity." And since no one really knows what that is, the need for careful stewardship becomes more and more critical with each passing year. This is the task facing the Ten Mile Lake Association. Your officers and directors, all volunteers, have been working hard to sustain the beauty and quality of Ten Mile. They need your continuing support and cooperation if they are to meet the tough challenges that lie ahead.

WHILE I'M ON THE subject of change, I have noticed, over the years, a gradual decline along our beach in the populations of clams, snails and leeches. For years it was common to see the curvy trails of feeding clams and a sprinkling of snail shells in depressions and along the rock line. Occasionally, bathers would be freaked out by a leech, perhaps six inches long, swimming past in its sinuously undulating way. Now, however, we see only empty clam shells, a few snails here and there, and no leeches at all. I asked Bruce Carlson, co-chair of the Environment and Ecology Committee, whether my observations had any implications, negative or otherwise. He assured me that it probably signaled nothing more than a blip in the natural ebb and flow of marine populations. Good.

CERTAIN BIRD SPECIES are declining worldwide, a phenomenon that has concerned many in the scientific community. At our place, house wrens were yearly visitors, as were tree swallows and purple martins. We saw one tree swallow pair this year, no purple martins and the last critter to occupy one of our wren houses was a flying squirrel. The intruder gnawed around the entrance hole until it was just large enough to allow access. Barn swallows, by the way, continue to be plentiful, as do members of the finch family.

OUTDOOR WRITERS have been wringing their hands, in a figurative sense, over sharply fading duck numbers. Each hunting season appears to be worse than the previous one. My informal survey of Ten Milers tends to confirm that analysis. Where large mallard duckling broods were commonplace, almost to the point of being a nuisance in years past, they are a rare sight now. I spied one small brood this summer, none a year ago. On the plus side, however, one of my two nesting boxes produced six goldeneye ducklings, and late this summer a flotilla of 20 red-breasted mergansers came streaming by on several occasions. Trouble is, mergansers aren't the most desirable of waterfowl species for the discriminating diner.

STILL ONE MORE CHANGE that I have stored in my mental diary: proliferating chara beds. Normally, chara is a desirable plant, taking up minerals from the water and contributing to firmer lake bottoms. It can, however, become too much a good thing. In Kenfield, Robinson's, Flower Pot, areas of lower Long Bay, and at a spot just north of the State public access, chara beds either have become or are becoming so dense that it's next to impossible to boat through them. What, if anything, can or should be done about them is a question that will be reviewed.

UNLIKE THE MISERY experienced by anglers during the opening weekend of walleye season, bass aficionados were in their special glory two weeks later. In our family, it has become a tradition for my younger son, Jeff; my grandson, Colin, and, when possible, Jeff's wife (Colin's mom), Jeanne, to open the bass season with me on Ten Mile. This year, all three were here, and all three had a ball. The bass were hitting, they ran a bit larger than usual, and the weather was cooperative. Who could ask for anything more?

I ALMOST FORGOT. Ten Mile is experiencing yet another change: smallmouth bass are here and apparently thriving. About 20 years ago, I visited with a DNR fisheries researcher on the question of stocking smallmouth in Ten Mile. He advised against it. His reasoning: smallmouth are very competitive and will be a challenge to the walleye population for scarce food supplies. Well, for better or worse, we've got them. We'll see which it is.

WATER ISSUES

I. MERCURY CONTAMINATION - IS TEN MILE LAKE OK?

by Marty McCleery

Minnesota is known for great fishing. Fishing provides about $2.8 billion to our state's economy and puts food on our tables. Mercury contamination in Minnesota fish has prompted the Minnesota Department of Health to issue statewide health advisories limiting the amount and type of fish we should eat. This includes Ten Mile Lake and its wildlife! Mercury exposure affects you and also wildlife that feed on fish, including eagles, otters and loons. Mercury builds up (bio-accumulates) in the bodies of these animals; its effects can include damage to reproductive systems, weight loss, and nerve and brain malfunctions.

How much mercury is in our lake fisheries? How does it affect you and the fisheries of our lakes? Is there anything we can do about it?

HOW MUCH MERCURY IS IN TEN MILE LAKE FISHERIES?

Here is the most recent data for fisheries in Ten Mile Lake. In 2006, obtained with the help of the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Minnesota Department of Health and the Minnesota Department of Agriculture, Ten Mile Lake fish will be analyzed again to determine whether concentrations of mercury & PCB's in TML fish are increasing or decreasing. The TMLA E&E Committee, in coordination with these agencies, will be monitoring the fisheries and identifying trends to keep TMLA members informed of the safety of our fisheries and of any changes that are observed.

For example, the table indicates that in July 1989, there were between 0.21 and 1.4 parts per million (ppm) mercury in walleyes 16.2 to 24 inches in length, and 0.17 to 0.29 ppm in Northern Pike. In 1991, mercury was identified in other fish as well.

The MPCA has proposed a standard of 0.2 mg/kg or parts per million (ppm) in edible fish tissue which is based on a modification of the 2001 EPA mercury criterion of 0.3 ppm. The 0.2 ppm value is more stringent than the EPA criterion because the MPCA assumes Minnesotans eat almost twice as much fresh water fish as EPA assumes people eat nation-wide (30 grams per day vs. 17.5 grams per day). Thirty grams per day equals about one meal per week. Also, 0.2 ppm mercury in fish is the trigger used by the Minnesota Department of Health (MDH) to advise women and children to eat fish no more than once per week. Thus, the proposed standard is compatible with the MDH fish consumption advice. The MPCA has used the 0.2 ppm value to assess lakes and rivers for impairment due to mercury since 2002.

HOW DOES MERCURY AFFECT YOU AND OTHER ANIMALS OF TEN MILE LAKE?

Mercury got into our fish from aerial sources such as fall-out from the burning of fossil fuels, taconite plant emissions, incineration of solid waste, and natural sources such as volcanoes, soil, and forest fires. Coal burning power plants and taconite processing together account for nearly two thirds of mercury emitted in Minnesota. Another 29 percent comes from use of mercury to include: solid waste collection, mini-mills, municipal solid waste combustion, sludge incineration, and dental preparation. Deposition can occur from the scrubbing of the air by rain and snow as well as air driven particle settlement on to the land and water. It occurs daily from up-wind sources.

Here are some current facts: 90 percent of human-caused mercury deposition in Minnesota comes from sources outside of Minnesota. Elimination of Minnesota mercury pollution will reduce deposition by 2-3 percent. Once in our lake, mercury is converted to methyl mercury by bacteria, which is absorbed by fish from their food. The mercury is tightly bound to protein in the fish tissue including muscle. There is no method of cooking or cleaning fish that will reduce the amount of mercury in the fish we eat. Your best bet is to: eat smaller fish, eat pan fish, eat fewer predator fish, and trim fat away that contain PCBs.

IS THERE ANYTHING WE CAN DO ABOUT MERCURY IN OUR LAKES?

What can TMLA members do to help? Keep informed, follow the Minnesota Department of Health consumption advisory, recycle mercury products and support agencies in the removal of mercury from man-made/man-used sources. For keeping informed, the following Web sites are suggested:

Support international, interstate, and intrastate efforts to reduce mercury pollution, such as:

II. SAMPLING WATER FROM PRIVATE WELLS

By Ken Regner, Chair, Environment and Ecology Committee

Each year the E & E Committee helps association members check their well water by setting up sample collection points where they can obtain sample containers and return well water samples. We then see that the samples are shipped quickly to Instrumental Research Inc, a certified laboratory in Fridley MN, for analysis.

All members who submit samples receive a report about the level of nitrates in their water and whether coliform bacteria are identified in the water. The committee receives a summary report from Instrumental Research that gives overall results. Individual tests are confidential so we don't get names - only overall results.

We typically find that several reports each year are positive for the presence of coliform bacteria. If you get a report that is positive for coliform bacteria you will be given instructions about things you can do for your well. Retesting is the first step of the process, followed by sterilization of your well.

In our experience we have found that some of these positive results are the result of contaminated samples. The Committee wants to make sure that if you get a report that shows the presence of coliform it is not because you accidentally contaminated the sample.

Remember that this is a test for well water, not a test of all of the internal piping and equipment in your house. For that reason you should collect the sample from a point as close to the well as possible. That's why we ask you to collect the sample from an outside faucet if you have one. They are generally piped directly from the well and the water doesn't pass through filters or water softeners before it gets to the faucet. If you don't have an outside faucet you can use an indoor faucet with the proper precautions. Following are the instructions for collecting samples.

SAMPLE COLLECTION

SAMPLE IDENTIFICATION: Identify your sample immediately on the form provided. Specify the water source, well depth, age, location, time and date of collection. Clearly identify the owner's name and a current mailing address so you will receive the results of the tests promptly.

III. HIGH WATER SUMMER

by Tom Cox, Chair Water Level Committee

It was on June 14, 2001, that Ten Mile reached a record high level of 1380.22 feet above sea level. This summer the lake once again reached almost that record high. On July 2nd, Walt Kane measured the lake at 1380.08 feet, just a little over an inch and a half below the "all time" record (our records go back only to 1973). The reason? The unusually rainy months of May and June are mostly to blame.

A new outlet structure at Birch Lake helped some of the excess water flow out of Ten Mile, though by mid-summer, a well-developed beaver dam just below the Boy River Bridge and thick vegetation in the river below the dam probably neutralized the beneficial effects of the new structure.

On September 1, Terry Gardner and Doug Hill of Birch Lake and Ray Raetz and Tom Cox of Ten Mile raided the dam and found a 15-inch head of water above the dam. They opened a significant breach through which the water gushed, but within two weeks beavers had rebuilt the dam almost to its former height. Beaver trapping, as was done last year, is on the docket again for this winter.

Warm, dry weather is our best friend when it comes to lowering the lake. On a warm, breezy day the lake can decline by as much as a quarter of an inch. Evaporation during the hot, dry days of July and August lowered the water, and by September 14th the level was down to 1379.40', 6 inches below its ordinary high water (OHW) mark of 1379.90. An inch or more of rain the following week brought the level back up to 1379.61' on September 20th. At that level, the water was about 5.3" higher than a year ago, .2 inches lower than on May 21st, and 4.8 inches higher than on November 1st last fall.

IV. REPORT ON LAKE CLARITY

by Jim Schwartz, E & E Committee

Clarity readings at our traditional sites (the deepest spot in the Main Lake and at 45 foot depth in Long's Bay) proved to be something of a puzzle; reassuring in the Main Lake, perplexing in Long's Bay. The table below reports our findings from May 31 to September 1.

As the figures for the Main Lake site indicate, readings at the open water season's outset were so-so, but began improving and arrived at levels similar to those we have become accustomed to experiencing in recent years, producing a very respectable average of 23+ feet, around six inches better than last year.

Long's Bay, however, showed a somewhat different story. Readings there were slightly, but consistently, lower than a year ago, averaging out at 17.9 feet, about a foot below the 2004 figure. Why that should be so is uncertain, but may be related to higher water levels interacting in a negative way with Long's Bay's relatively greater and more concentrated surface water activity. That could aggravate bank erosion, which, in turn, would add algae-stimulating nutrients to Long's Bay. Our water tests in Long's Bay this season show a significant increase in both phosphorous and nitrogen. The net result: a bit cloudier water.

Note that water clarity, in and of itself, is not a measure of purity. It is, however, an excellent indicator of a lake's water quality, and, over time, a measure that helps to reveal trends, both good and bad. On Ten Mile Lake, we have been taking water clarity readings annually in the open water season since 1975. In the process, we have posted a steady, positive trend line.

DOCK SIGNS

by Kim Moe

Have you ever wondered where someone lives on TML and tried to find their dock? You may have driven by car to visit friends that live on the lake but never could locate their place from the water. Dock signs displaying either names or house numbers, or both, might be the answer.

In the spring 2006 Newsletter, we will remind you of a plan for lake residents to order their own sign if they are interested. If you are interested you can stop in at Greentree Graphics in Hackensack. Ron Johnson, the owner, will have a sample of a weather-proof dock sign for you to see and a price quote. If this doesn't interest you - your dock can remain nameless!!

CATCH AND RELEASE

by Al Griggs, Fisheries Committee Co-chair

For many of us, walleyes are "king" in Ten Mile Lake. Ten Mile walleye fishing is blessed in some ways: we don=t have a slot limit like many other northern lakes, test nettings show good numbers of walleyes and the DNR is doubling their fingerling stocking levels as of this fall. Yet, we are cursed in other ways: the water clarity is fairly high, the lake is deep, and the forage base is huge given the tremendous quantities of dwarf tulibees that exist in the lake. Not surprisingly, the most successful walleye fishermen fish at night or in the low light periods at dusk and dawn.

Catch and release has been established as a means of significantly improving the fishing experience in most lakes. Slot limits enforce catch and release, and large, shallow basin lakes like Winnibigoshish and Mille Lacs have clearly benefited from their slot limits. Ron Wilson, editor of North Dakota Outdoors states that their surveys indicate that one in four released walleyes will be caught again. And when the released walleye is a large female, it will be around to lay more eggs. These are the breeding stock of a lake and each one returned is a boon. Another reason for practicing catch and release of larger fish is because in lakes like Ten Mile, the older fish contain higher mercury levels.

But is "catch and release" always a panacea where much improved fishing is the goal? Not necessarily! In deep, clear water lakes like Ten Mile where a large forage base is present, increased fish populations wouldn't necessarily have to compete more vigorously for their food, so feeding activity wouldn't change much. Also this type of lake tends to have less fishing pressure, due to the inherently more difficult conditions, so fewer fish are caught and released. In the case of Ten Mile where surveys show that somewhat more than half the walleyes caught are stocked, the increased stocking levels should ultimately result in more fish caught.

Is there a downside to catch and release? Again according to Ron Wilson, there are times when catch and release is a negative. For example when the surface waters are 70 deg. F or above, chances are high the released walleye won't survive. Bleeding fish almost never survive. Fish pulled up quickly from deep water, e.g., 30' or deeper probably won't survive because their swim bladders expand and they can't get back down. In these instances releasing the fish is a serious negative because the angler gets to keep fishing, thus limits become meaningless if most of his released fish die anyway.

If you do practice catch and release, Ron Wilson suggests some pointers (paraphrased):

LAND USE ISSUES

I. CONSERVATION EASEMENTS CAN PROTECT YOUR PROPERTY FOREVER

by Tom Cox, for the Conservation Committee

ARTICLES IN BOTH the Walker Pilot Independent and the Pine Cone Press-Citizen in September highlighted conservation easements as a means of guarding against future over-development and reducing present tax burdens while maintaining ownership and control of your own property.

Fact: Minnesota is the fastest growing state in the Upper Midwest.

Fact: In Minnesota, an area the size of the Mall of America gets paved over every day. That's 60 acres per day or almost 22,000 acres per year.

Fact: Cass County is one of the fastest growing Counties in Minnesota.

ONE WAY TO HELP mitigate the impact of development pressure on and near Ten Mile is to consider protecting your own piece of the Ten Mile watershed with a conservation easement. A conservation easement is a voluntary legal agreement described in a written contract between a property owner and a nonprofit conservation organization or government agency. An agreement's purpose is to permanently limit a land parcel's use and development in order to protect its conservation value. A landowner defines the specific terms of the agreement.

The land owner keeps title to the land, continues to maintain it and pay property taxes, and can use the land in any way allowed in the agreement. The land owner can also sell or lease the land, or bequeath it to heirs, but future owners will be bound by the agreement. When agreements significantly limit development, the land owner may qualify for a tax deduction and for reduced property taxes.

THE MINNESOTA LAND TRUST, the Nature Conservancy, the Trust for Public Land, the Minnesota Department of Natural Resources, the Leech Lake Watershed Foundation and the Ten Mile Lake Association are a few of the organizations that can assist you in the preparation of a conservation easement. Currently, the Ten Mile Lake Association is working with the Minnesota Land Trust to place conservation easements on Association-owned properties. For more information, E-mail the North Central Minnesota Lakes Project (NCML) at lakewaves@dnr.state.mn.us. (NCML is part of Governor Pawlenty's Clean Water Initiative.) You may also E-mail or call TMLA Board and Advisory Committee members Al Griggs, Jim Miller, Bob Crom, John Alden or Tom Cox.

II. SHORELAND USE RULES UPDATE

by Tom Cox, Advisory Committee

THERE'S NOTHING LIKE a property improvement project to focus the mind on shoreland use rules. Whether it's as simple a matter as rip-rapping the shoreline, adding fill to level up your lot, putting an addition on your cabin, building a garage or building a whole new cabin, one can't avoid the County's rules administration system.

First there's that visit with the friendly folks at the Environmental Services Department (ESD) in Walker, and the ensuing site visit by a County official. Then there are the forms to fill out, which require lots of arcane data about your property, and specifications and drawings of what you have now and of what you hope to have in the future. You may even have to apply for a variance, which involves another visit by the whole Board of Adjustment (BOA), and then a hearing before that Board. Then, of course, there are the permit fees, no mere token payments, as it happens. Finally, when all is said and done, if your plan conforms to all the environmental rules, you receive a permit, and only then can you can launch your project.

THOSE OF US WHO have been on the lake for many decades -- i.e., since before 1960 --, and who in the Agood old days@ were used simply to doing whatever we wanted to do, wherever on our lot we wanted to do it, may find the current zoning ordinances annoyingly cumbersome and restrictive, not to mention expensive. How have things come to such a pass in these modern times?

As it happens, shoreland ordinance development has a story which, when you pause to think about it, makes all the rules we now must follow understandable.

DURING THE >60S AND >70S, a burgeoning economy meant folks had more money and time to put into lakeshore homes. More and more seasonal cabins began popping up. In fact, between 1954 and 1957 there was a 90% increase in the number of houses on lakes 150 acres or more in size.

As lakes began to be more developed, there was a growing realization that both the quality of the lake cabin experience, and that of the lakes themselves was beginning to suffer. In response, in 1969 the Minnesota Legislature enacted the Shoreland Management Act. It established the Shoreland District (all that land within 1,000 feet of a lake's ordinary high water level {OHW}) and directed the Department of Natural Resources (DNR) to develop criteria for the shoreland use. Counties would be required to adopt these standards within a set period of time.

THE DNR ESTABLISHED MINIMUM statewide standards in the 1970 shoreland rules. These are administered through local zoning ordinances that can be as strict or stricter than statewide standards. For many counties, the Shoreland Management Act marked their entry into planning and zoning. By 1973, most Minnesota counties had adopted shoreland management controls.

Shoreland development continued apace from 1967 to 1982, increasing by about 74%. Significantly, permanent homes began to outpace seasonal dwellings. There was also an increasing trend in the conversion of seasonal cabins to year-round dwellings. Increasing year-round use meant, of course, increasing use of septic systems. In the light of these trends, in 1983, the Legislature approved the Shoreland Update Project to evaluate the effectiveness of existing standards, and in 1989 the DNR, with the legislature's approval, adopted updated shoreland use rules.

AN ADVISORY COMMITTEE made up of 22 different interest groups helped shape the 1989 rules. Shoreland grants and workshops provided assistance to local governments in understanding and adopting the new rules. Existing rules are now about 15 years old. Development pressures have only increased since 1989; hence Governor Pawlenty's Clean Water Initative, launched in 2004, which, again calling on voluntary participation by grass-roots groups (including the TMLA), is working on a second major update to the rules first adopted in 1970. For the full scoop on this evolving story, go to http://www.dnr.state.mn.us/waters/index.html. Burdensome as shoreland use rules may be, they are essential if we are to preserve the quality of both our lake experience and the quality of our lakes themselves.

EAGLE TALES

Bob Moe, who usually spends his time watching out for the loons on Ten Mile Lake, reports that he recently saw an eagle swoop toward a nearby tree with some dead upper branches. While still in flight, the eagle grasped a dead branch in its talons, and, breaking the branch free through the momentum of its flight, flew away bearing the branch along. Apparently the eagles are moving their nest, and needed some new materials, but Bob had never seen that particular behavior before.

Bob suggested we may need an Eagle Committee. That is perhaps not necessary, but we do seem to have some eagle stories to tell. If you have an Eagle Tale, please share it with the Newsletter.

ASSOCIATION & MEMBERSHIP MATTERS

I. TMLA WATERSHED COORDINATOR'S STATUS CHANGES FOR THE NEW YEAR

by Tom Cox, Chair, Advisory Committee

SEVEN YEARS AGO this October, your Association's Board of Directors made a significant decision, namely, to hire an Association staff person to fill the job of TMLA's Watershed Coordinator.

TMLA had never before had such a position, but Board members believed that hands-on work in support of the Association's environmental efforts had become of great enough scope to merit the cost of hiring a professional environmentalist to support the volunteers who had always been its mainstay.

SO IT WAS THAT on October 17, 1998, TMLA hired John Alden, professional environmentalist, past TMLA President and year-round resident on the lake, to fill this new position.

JOHN'S JOB DESCRIPTION called for him to work for the Association part-time, year-round. He would

1. provide professional services in support of the implementation of the TMLA Watershed Plan; and
2. coordinate the concerns and activities of all water protectors, both governmental and private, to preserve the quality and inherent values of Ten Mile Lake and its environs.

SPACE DOES NOT ALLOW a full tribute to the effort that John has invested nor to his accomplishments on behalf of the Association over these past seven years. Here it must suffice to say that in addition to providing practical help and sound advice in support of the Environment and Ecology Committee and the Board of Directors, John has been an important advocate on our behalf in environmental circles in both the private and public sectors. Since 2001 John has written grant proposals resulting in 5 significant grants, each funding important environmental studies of the Ten Mile Watershed. These grants, received from federal state government and from the Minnesota Initiative Foundation, total $57,500.

IT WAS NO SMALL moment, therefore, when Don Willis, my predecessor as Chair of the Advisory Committee, received the following letter from John in late July:

July 24, 2005

To the Advisory Committee of the TMLA, Inc.

I thank you for the privilege of allowing me to be the Watershed Coordinator for the Ten Mile Association from 1998 until this present date. Over these years we have accomplished a great deal to fund water quality protection projects and identify environmentally sensitive areas on Ten Mile.

Time brings changes. I strongly feel that I can best help to protect the natural resources of Ten Mile by resuming my role on the past presidents' Ten Mile Lake Advisory Committee and once again become a voting member on that committee. Therefore, I will not be renewing my contract agreement with the Advisory Committee that will expire July 31, 2005.

With great appreciation,

John Alden

THE BOARD RECEIVED John's letter with understanding and appreciation at its meeting on August 20. We were heartened by John's assurance that he was not resigning from his role as Watershed Coordinator, but, with the Board's approval, would continue in it not in a professional but in a volunteer capacity.

AS THE NEW CHAIR of the Advisory Committee (all of TMLA's past presidents), and on behalf of the Association, I extend my thanks and appreciation to John for the professional job he has done on our behalf over these past seven years. We look forward to John's continued engagement with and support of the goals and objectives of the Association as our volunteer Watershed Coordinator.

II. TREASURER'S ANNUAL REPORT

[Please refer to the printed newsletter for the annual report. It contains confidential information which is probably not appropriate on this public web site. -Editor.]

III. MINNESOTA LAKES ASSOCIATION (MLA): AN ADVOCATE FOR HEALTHY LAKES

by Tom Cox

AS I RENEWED our family's membership in the Minnesota Lakes Association in September, it occurred to me to wonder how many Ten Mile families might also have membership in this voluntary, grass roots Minnesota organization.

THE TEN MILE LAKE ASSOCIATION has an "Association Membership," and thus benefits not only from the advocacy activities of the MLA but also from the informational and educational resources the MLA makes available to member organizations. Al Griggs and Sarah and I attended a MLA-sponsored workshop, How to Avoid Drowning in Lakeshore Development at Breezy Point in September.

I REMEMBER SOME YEARS ago Jim Schwartz's recommending that as lake property owners, individuals or families belong to MLA as well so as to share in the support of the work of the MLA, to enjoy the benefits of membership and to help sustain the quality and values of Minnesota lakes and Ten Mile Lake in particular.

Here are just a few of the activities of the MLA over the past year:

Individual membership in MLA is $25.00; family memberships $40.00. You can find more information about the MLA on its appealing web site at www.mnlakes.org.

IV. MEMORIAL GIFTS

by Sue Eikenberry, History Committee

A MEMORIAL GIFT to the Ten Mile Lake Association is a lovely and fitting way to remember a neighbor on the lake or a family member who loved Ten Mile Lake. Please remember the Lake Association with a tribute. It will mean a lot to the deceased's family to know that our beautiful lake will benefit from your remembrance.

MEMORIAL GIFTS may be sent to the Ten Mile Lake Association, P.O. Box 412, Hackensack, MN 56452. The Membership Coordinator will notify the family of your gift, and send you a notice of receipt. Records of memorial donations have been kept by Phoebe and previous secretaries starting with the late Lois Sandell.

A GOOD NUMBER of people have made generous contributions in the past, and the following Ten Milers were remembered with gifts in fiscal year August 1, 2004 to July 31, 2005:

Glenn Aagaard
Bruce Adams
Helen Anderson
Edith Babst
Cecil Bair
Barbara Black
David Brandt
Douglas Campbell
Sam Fahr
Earl Holle
Dick Horn
Helen Kolderie
Josephine Major
Norma Mullendore
Bill Ripken
Karl Rueland
Mary Ann Schmidt
Lucile Shelton
Fred Shrimpton
Willa Shonkwiler Martin
Molly Spinal
Sheila Losby Stannard
John Vilipski.

V. NEW TMLA COMMITTEE FORMED: THE CONSERVATION COMMITTEE

by Al Griggs, President

When CSAH 6 was upgraded and repaved last summer, there was concern voiced by some Ten Milers that the Association did not involve itself with this project. In response, then President Tom Cox suggested that while issues directly affecting Ten Mile Lake were appropriately monitored by existing committees, issues affecting the lands surrounding the lake were not well covered by the committee structure. He proposed that a new committee be established to monitor land conservation issues.

Several people expressed an interest in participating in this effort, and on September 9, 2005, some of this group held an organizational meeting to establish the new committee. They prepared the following Mission Statement:

The Conservation Committee will monitor, disseminate information on, and participate in, as possible, any and all conservation-related and other programs at local County and State levels which may impact Ten Mile Lake Watershed lands, with emphasis on proactive conservation viewpoints. In addition, this committee will work to foster and promote conservation-minded stewardship of TMLA-owned lands, and possible acquisition and protection of additional lands.

John Hartzell agreed to serve as vice chairman, and Shelly Knuths as secretary. The committee is still seeking someone willing to serve as chairman.

Proposed committee activities include:

Some action items resulting from the first committee meeting include the following:

1. Find a chairman
2. Identify TMLA members to serve as liaisons with other conservation-minded organizations at the local, County, and State levels
3. Work with the Minnesota Land Trust to develop Conservation Easements, as possible, on TMLA-owned land tracts
4. Monitor multi-tier development possibilities on TML
5. Monitor and report on CSAH 71 paving plans
6. Monitor Boy River Headwaters property acquisition and protection issues
7. Develop a pamphlet on "Gifting to TMLA."

The Conservation Committee is off to a good start, but as you can see, it has an ambitious agenda and could use some more members who care about these issues. If you are interested, please call Al Griggs, 675-6312, or John Hartzell, 675-6994.

Jerry Mills Wields the Scissors at Highway 50 Ribbon Cutting

by Tom Cox

North Shore and Portage Lake neighbors, Cass County and the engineering firm, WSB and Associates, Inc. celebrated completion of the long awaited realignment and improvement of County Route 50 at a ribbon-cutting ceremony near Jerry and Dorothy Mills' residence on Wednesday evening, September 7th. Jerry Mills wielded the ceremonial scissors, while Sarah Cox assisted and County Commissioner Jim Dowson and others observed.

In his remarks prior to the ribbon-cutting, County Engineer David Enblom (second from left) said that in looking back through is files in preparation for the day's celebration, he discovered plans for an improved CSAH 50 dating from 1976!

It's been a long and sometimes controversial project, he said, but those who've been involved in the process can be glad to celebrate the cooperation and effort that at long last have resulted in a realigned, attractive and serviceable road that will serve nearby residents and many other travelers for years to come.