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HomeMy WebLinkAbout2.a. Presentation on proposed transfer of land in Spring Lake Park Preserve from Dakota County to the DNR for creation of a Wildlife Management AreaAGENDA ITEM: Presentation on proposed transfer of land in Spring Lake Park Preserve from Dakota County to the DNR for creation of a Wildlife Management Area AGENDA SECTION: t Ylsu' A Wl �l� I i� r' t AGENDA NO. 9- ik‘ PREPARED BY: Dwight Johnson, City Administrator ATTACHMENTS: Information from the DNR APPROVED BY: RECOMMENDED ACTION: Information Item Only 4 ROSEMOUNT CITY COUNCIL City Council Workshop Meeting September 9, 2009 EXECUTIVE SUMMARY BACKGROUND Tim Brenaicker of the State Department of Natural Resources (DNR) plans to be present to discuss plans for transfer of approximately 755 acres of land in the Spring Lake Park Preserve from Dakota County to the DNR Dakota County initiated this action. The purpose of the transfer is to allow the DNR to create a Wildlife Management Area on the property that will allow controlled hunting. The attached report notes that "hunting around the islands is inconsistent with the policy of `no hunting' within the Regional Park Preserve as defined by the Metropolitan Council." Since the land is all or mostly within the corporate limits of Rosemount, Mr. Bremicker called and suggested that the City Council should be informed and updated about the plans and he was accordingly scheduled for this meeting. RECOMMENDATION No formal council action is needed. The purpose of the meeting is to inform the council of the plans, ask questions, and provide feedback to the DNR. ww W.dakOtdC01/O[y.09 Spring Lake Islands Wildlife Management Area D EPARTIIBITOF NATURAL RESOURCES Dakota County wants to transfer without cost approximately 755 acres of islands and submerged lake beds in Spring Lake to the Department of Natural Resources (DNR) Division of Fish and Wildlife (DFW) as a Wildlife Management Area (WMA). The 2003 Master Plan for Dakota County's Spring Lake Park Preserve recommended that waterfowl hunting be maintained as an important recreational activity on the islands in Spring Lake. The Dakota County Board's August 31, 2004 resolution supports the park plan recommendations and authorizes hunting on the island thru 2009. In addition, it directs the Dakota County Parks staff to transfer the islands to the State of Minnesota as a Wildlife Management Area. The Spring Lake Islands have provided high quality waterfowl hunting opportunities to many hunters. Over the last decade, 40 parties or more typically hunt the islands and shoreline from Baldwin Lake to Schaars Bluff on the Mississippi River in both Dakota and Washington Counties. In addition to the excellent late season hunting opportunities, it is known to be an excellent early season hunting location particularly for teal and wood ducks. Very large concentrations of geese and mallard ducks have been observed annually since 2003 and are often present thru the end of the duck and goose season into mid December. Mallard ducks and Canada goose flocks of 20,000 birds combined are commonly observed. Spring Lake Island WMA will be designated as a WMA and the lands acquired shall be designated as Wildlife Management Area pursuant to MS 97A.145. Rules governing the management and use of the WMA are provided in 62230.0200 and 62230.0250. It will also provide: A. Day Use B. Overnight Camping Site C. Kayak and Canoe Access D. Establish a No Firearm Discharge Zone Along South Shore of Spring Lake Dakota County has agreed to maintain its custodial and police function on the day use and overnight camping facilities. The Spring Lake Islands WMA will be managed and protected by staff from the Vermillion River WMAs Complex (Vermillion River WMA, Vermillion Highlands Research Recreation and WMA, and Gores Pool WMA) officed at the UMore Contract and Lease Office. The Area Manager and an Assistant Area Manager (as of July 23, 2008) will be supported for other management activities by staff from Carlos Avery WMA, North Metro Area and South Metro Area offices. 7 -22 -08 Spring Lake Islands Wildlife Management Are a "Hidden Jewel" of the Upper Mississippi River Valley lay w kK3LLic iunty. Spring Lake Islands Wildlife Management Area Create a new WMA on the Mississippi River's Pool 2 between Hastings and Pine Bend Transferring property to the Department of Natural Resources from Dakota County Introduction /Background During the 2003 Master Planning Development for Dakota County's Spring Lake Park Preserve, hunters that participated in the public input process recommended that waterfowl hunting be maintained as an important recreational activity on the islands in Spring Lake. Dakota County supported this recommendation in the Master Plan by noting that hunting should be accommodated in Spring Lake Park to varying degrees (Chapter 2.9), and that hunting and fishing are longstanding traditions (Chapter 3.3). Therefore to allow the continuation of this traditional recreational use, to provide enhanced recognition of the importance of this area to migratory birds and to ensure that the management and protection of the Spring Lake Islands is consistent with the vision for the park, Dakota County seeks to transfer approximately 755 acres of land consisting of submerged lake bed and islands in Spring Lake to the Department of Natural Resources (DNR) Division of Fish and Wildlife (DFW) as a Wildlife Management Area (WMA). See Figure 1. In addition to being consistent with the Park's vision, the transfer of these lands to DNR will protect and enhance these resources. Application of DNR statutory authorities and scientific expertise of DFW will improve and protect habitat conditions and ultimately increase the use by waterfowl and other wildlife species. Further, public use of the islands and surface waters will be protected for the Tong -term. The master plan clearly identifies a vision for the Mississippi River that acknowledges the recreational and biological values of Spring Lake for the North American flyway for migratory birds (Chapter 3.2). It also notes that Spring Lake is shallow lake (Chapter 3.3) and recreational use includes hunting and fishing as a longstanding tradition (Chapter 3.3). In addition, the master plan appendix states the need to continue waterfowl hunting on these islands and explore options for low impact use of the lake and islands. The plan emphasizes the need for accomplishing a temporary drawdown pf pool #2 in cooperation with the US Army Corp of Engineers and other land and water management agencies including the United States Fish and Wildlife Service. All of these stated objectives are compatible with WMA designation and management. 5 -30 -08 2 Value of Islands for Hunting The islands (delineated in Figure 2) have provided historically high quality waterfowl hunting opportunities to many hunters. Often in late November during the last decade, 40 hunting parties or more have used the islands and shoreline from Baldwin Lake to Schaars Bluff on the Mississippi River in both Dakota and Washington Counties. Most of these hunters access Spring Lake from the public access below Schaars Bluff. Also, many waterfowl hunters store boats at Fishers Landing that often results in up to 50 duck boats either stored or day launched at the site. In addition to the excellent late season hunting opportunities, it is known to be an excellent early season hunting location particularly for teal and wood ducks. By virtue of its size, its location 12 miles south of St. Paul, undeveloped steep wooded shoreline, very shallow water habitat of extensive mud and sand flats surrounded by islands that are separated from the main navigation channel, Spring Lake provides an unique and valuable site for migratory birds to find seclusion from human disturbance and wind /wave action throughout critical times of the year. During the late fall and winter months, the shallow water areas often remain unfrozen and provide essential migratory and wintering habitat. In conjunction with the extensive agricultural fields to the south towards the Vermillion River drainage, ample field feeding opportunities for migrating waterfowl associated with a large water area of low disturbance for feeding and nesting are provided by Spring Lake. Very large concentrations of geese and mallard ducks have been observed annually since 2003 and are often present thru the end of the duck and goose season into mid December. Mallard ducks and Canada goose flocks of 20,000 birds combined are commonly observed. Process Policy and Statutory Framework for the Creation of the WMA The 2003 Master Plan for the Spring Lake Park Preserve recommended that the islands in Spring Lake be owned and managed by a state or federal agency responsible for managing other aspects of the Mississippi River corridor including management of the islands as part of a larger migratory wildlife system. The plan noted that the islands serve a broader constituency including sportsmen and that hunting around the islands is inconsistent with the policy of "no hunting" within the Regional Park Preserve as defined by the Metropolitan Council. In the summer of 2007, DNR Division of Fish and Wildlife was informally approached by Dakota County in regards to DNR interest in managing the islands. A field tour that included representatives from Dakota County Parks and DNR was conducted in late fall 2007. A tentative verbal agreement was reached during that tour whereby Dakota County expressed its interest to transfer 5 -30 -08 3 management, custodial and legal control of the islands and surface water overlying the tax forfeit parcels to DNR as a Wildlife Management Area. Dakota County proposes to transfer 581 acres of county administered tax forfeit lands to the state and along with an additional 100 acres owned by the County that was conveyed to the Dakota County by the Metropolitan Waste Commissioner. In addition, Dakota County proposes to transfer or lease about 74 acres of County owned land that is included in the Spring Lake Park Preserve to the Department of Natural Resources. As noted throughout this proposal document, all lands transferred or leased to the DNR will be for the purposes of a State Wildlife Management Area as provided in MS. 86A.subdivision 8. MS 97A. 135 provides the Commissioner authority to acquire and improve lands for public hunting, game refuges and The lands may be acquired by gift, lease, easement, purchase or condemnation. MS97A.145 provides that the Commissioner my acquire wetlands.... for conservation relating to wildlife development. Subdivision (b) provides that the commissioner may also acquire lands owned by the state and that is tax forfeited and suitable for wildlife development. MS 282.018 subdivision (d) provides that the DNR may acquire tax forfeited lands or obtain management authority via a cooperative agreement. MS 373.01 grants authority to Dakota County to convey real estate and give contracts or options to sell lease or convey and make orders respecting it as deemed conducive to the interest of the county residents. 5 -30 -08 4 Figure 1 PIN:pcuoillmeahrl• ka th.awir 040 fl CM.* floo.ft11■1111. INVAL -J.nro 01 del 41400n :1 IN. Id IS* 1131k .441 114a toe ti,a et0 5-30-08 5 Figure 2 Proposed S •ring Lake Islands WMA Cover /Open Water .04114 1 LSilend aYquMf OC x1141 1 Ilei'daun timtnp p[ci f+wr .t7llwenYea CartY0 Wain i110 IRt/u •11:3'{1' 11L31431 4wa1 4J 'OLnr Yhiut'5LdFwt11 21W Pmrr raN60trildrilI6rtxn114 wur,uwcr aen.imar cw:ur4.mw 47rd$ -atory iv.rirn+len1x-1,1 try Ylt 4/11;04 .•wl'lall ro1ck771. 5 -30 -08 6 Land and Surface Water Management The vision for the Spring Lake Park Preserve as noted in the master plan defines the need to "create a park preserve that focuses on preserving the ecological and cultural integrity of the land while providing appropriate recreational and educational opportunities'. This vision is consistent with the DNR's mission "to work with citizens to conserve and manage the states natural resources to provide outdoor recreation opportunities and to provide for the commercial uses of natural resources in a way that creates a sustainable quality of life." The DNR proposes to manage the Spring Lake WMA consistent with existing statutes, rules policies and plans that provide for the traditional management framework in WMAs. This is in contrast to the special authorizing legislation that is found in MS 97A. 133 subdivision 66 that established the Vermillion Highlands Wildlife management Area in Dakota County and broadened the uses and purpose of that WMA. This approach is preferred and recommended by the DFW because of the traditional uses of the islands. This level of designation seems consistent with the county's objectives as noted in the master plan and as related to DNR in conversations with Dakota County staff. The master plan considers the management of the islands for wildlife as a critical resource stewardship issue and seeks stewardship of the islands that is consistent with the stewardship program being appropriate to the parks. Also it noted that recreation use of the islands should include river camping and a water trail. The plan also mentions that stewardship plans promote ecosystem -based approaches to restoration and management. This is consistent with DNR management mandates and stewardship principals noted in the Departments "Strategic Conservation Agenda for 2003 to 2007 Spring Lake Island WMA will be designated as a WMA and the lands acquired shall be designated as Wildlife Management Area pursuant to MS 97A.145. Rules governing the management and use of the WMA are provided in 62230.0200 and 62230.0250. The Spring Lake Island WMA will be posted with standard yellow WMA boundary and regulation signs at intervals of about 500 feet on land and water to clearly denote ownership and custodial jurisdiction on the WMA. The WMA sign clearly indicates that the land and water is open to public hunting within established seasons and other wildlife related activities are permitted unless otherwise noted. In addition, the WMA will be posted closed between 10:00 PM and 4:00 AM. Overnight camping is typically not permitted on WMAs but when provided it must occur at posted designated locations. It is anticipated that during the summer 5 -30 -08 7 months, some overnight camping and boat mooring /beaching may be authorized on the outer island shores adjacent to the main channel. This use needs to be carefully evaluated because of the cost associated with maintaining clean presentable campsites. MS 97A.137 subdivision 1 allows the Department of Natural Resources to close areas to hunting as posted. Areas may also be closed to migratory waterfowl hunting by rule. Several areas along the south boundary that have been identified by Dakota County as future high use areas, need to be buffered from the discharge of firearms. Therefore, to buffer activities of school groups or other park users DFW will establish a no hunting zone. A no hunting zone will be posted 300 feet water ward from the south shore near a high activity zone (Figure 1 and 2). The Spring Lake Islands WMA is largely submerged land except for the presence of about 188 acres of islands and associated robust emergent vegetation. Spring Lake is the first large shallow marsh area south of the Twin Cities that experiences significant waterfowl use. As the habitat improves and waterfowl and hunter use increases, it may be necessary to provide greater sanctuary to wildlife by minimizing disturbance. DFW will continue to evaluate the need for the establishment of a Waterfowl Feeding and Resting Area authorized by MS 97A.095 Subdivision 1. Subdivision 1 prohibits motorized access on surface water by waterfowl hunters but allows hunting. Motorboats are generally prohibited on wildlife management areas. However, motorboats (as defined in 86B.005 Subdivision 9) and duck boats with motors attached will be authorized by rule. Motor vehicle access will be authorized by rule for ice fishing purposes. Public use facilities will be limited to WMA signage and other necessary posting to limit access and use. Access to the unit will occur from the state public access on the Mississippi River below Schaars Bluff and the public access at St. Paul Park. It is anticipated that a new public access will be constructed on the Spring Lake Park preserve just south of the islands. When this project is completed, it is anticipated that the Schaars Bluff access will be abandoned. Numerous other public accesses on the Mississippi River are provided above and below this WMA. The master plan notes that the long range ecological vision for the islands as lowland hardwoods with sandbars, willow and cord grass. Vegetation management of the islands may be attempted to improve nesting cover and its value for waterfowl and shore birds. However, because of the flooding frequency and that the vegetation present is well adapted to the saturated soils, opportunities may be limited to the degree and frequency of flooding. Because the islands currently provide an important barrier between the main channel and 5 -30 -08 8 Spring Lake, actions to minimize loss of island acreage and habitat may need to be undertaken. A multi agency team of natural resource and water managers is currently developing plans to implement temporary drawdown on Pool 2 and 3. When implemented, a large portion of Spring Lake will be rejuvenated to emergent wetland conditions. This objective is consistent with the master plan objectives for Spring Lake that identified the need to re- establish a mixed emergent marsh in conjunction with a submerged aquatic plant zone and open water area. This method and degree of habitat improvement is consistent with the management techniques applied by the DNR on shallow lakes throughout the state as authorized by MS 97A.101- Public Water Reserves and Management Designation. Administration The Spring Lake Islands WMA will be managed and protected by staff from the Vermillion River WMAs Complex (Vermillion River WMA, Vermillion Highlands Research Recreation and WMA, and Gores Pool WMA) officed at the UMore Contract and Lease Office (located between Dakota County 46 and County 42). The office is about 6 miles west of the Spring Lake Islands WMA. The Vermillion office will be staffed by a full time Area Manager by April 1, 2008 and an Assistant Area Manager by August 1, 2008. Additional support for land and water management and facilities development will be provided by Carlos Avery WMA, North Metro Area and South Metro Area offices. Tim Bremicker Bob Welsh Robert Fashingbauer December 2007 5 -30 -08 9