Lake Superior Coastal Program Final Environmental Impact Statement (FEIS)
PART V
CHAPTER 1
PROGRAM BOUNDARY
The term "coastal waters" in the Great Lakes area means "the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes." The coastal waters in Minnesota, therefore, consist of those waters of Lake Superior within the territorial jurisdiction of Minnesota.
Section 304(1) of the Coastal Zone Management Act identifies the "coastal zone" as the coastal waters (including lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada, in other areas, seaward to the outer limit of the United States territorial sea.
By definition, the zone "extends inland from the shorelines only to the extent necessary to control shorelands and the uses which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands, the use of which is by law subject solely to the discretion of or which is held in trust by the federal government, its officers or agents" (CZMA, Section 304(l)).
The following boundaries have been developed for the Minnesota program: the seaward or waterward boundary, interstate boundary, excluded lands, and the inland boundary. Definitions of each boundary and a summary of the issues analyzed to develop the boundary are discussed. A detailed description for the inland boundary follows the discussion.
The program boundary chapter is broken down into two sections, Introduction and Boundary Establishment. The boundary establishment is divided into the following parts: 1. Seaward Boundary and Interstate Boundary, 2. Excluded Lands, 3. Nonpoint Source Pollution Control Program Boundary and finally, 4. Inland Boundary. Also included in this chapter is the Justification for the Selected Boundary. The legal description for the boundary is described in: a. St. Louis River Watershed, b. Duluth and Surrounding Urban Areas, c. St. Louis County - North Shore, d. Lake County - North Shore and e. Cook County - North Shore.
There are five elements to Minnesota's Lake Superior Coastal Program boundary: the inland boundary, the lakeward (seaward) boundary, the interstate boundary, the excluded federal lands, and the coastal nonpoint source program boundary. A boundary work group was established and developed recommendations for the boundary in Minnesota. The work group consisted of 14 local citizens representing the geographic area from Carlton to Cook County. The recommendations of the work group were presented at a series of open house meetings to obtain public input. Input was also solicited through state and local government participation, and a final work group recommendation was developed. The establishment of a final boundary is the result of thoughtful consideration and a decision which is acceptable to those impacted by the program.
1. Seaward Boundary and Interstate Boundary
Minnesota adjoins Lake Superior, one of the Great Lakes. The seaward boundary for Minnesota's Lake Superior Coastal Program is the international boundary with Canada and the boundaries with the adjacent states of Wisconsin and Michigan. Minnesota has consulted and coordinated with its coastal neighboring states of Wisconsin and Michigan.
Both adjoining coastal states provided input into the development and delineation of adjacent inland and lateral seaward boundaries. Based on the input received, it was determined that the lakeward coastal boundary as described is consistent with both states. Minnesota shares an inland state boundary with Wisconsin. The boundary in Wisconsin includes the entire county of Douglas adjacent to Minnesota. The Minnesota inland boundary does not extend inland as far as the adjoining Wisconsin coastal boundary. Through boundary work group consultation, it was determined that the interstate relationship would not be compromised, part of Douglas County does not drain into Lake Superior.
States must exclude those federal lands as described in the chapter introduction. To meet this requirement, Minnesota will map and describe lands owned, leased, held in trust or otherwise used solely by federal agencies. The exclusion of federal lands from the coastal area does not remove federal agencies from the obligation of complying with Section 307 of the act (federal consistency review) when federal actions on these excluded lands have spillover effects on any land or water use or natural resource of Minnesota's Lake Superior Coastal Program. Table 9 lists and describes excluded federal lands for Minnesota's Lake Superior Coastal Program. Excluded federal lands are mapped if they are large scale holdings (more than 100 acre parcels) or near special management areas (Figures 5,6,7, & 8). Grand Portage and Fond du Lac Reservations are the only two federally excluded lands greater than 100 acres in the coastal boundary.
Table 9. Excluded Federal Lands.
These are sites that contain large land areas more than 50 acres in size or are located adjacent to special management areas. Not included in this table, but likewise excluded from Minnesota's Lake Superior Coastal Program, are individual federal buildings and sites such as post offices and small Coast Guard or Army Corps of Engineers installations.
|
|
|
|
| Fond du Lac Indian Reservation | Bureau of Indian Affairs | Carlton |
| Duluth International Airport | Air National Guard | St. Louis |
| Duluth International Airport | U.S. Air Force | St. Louis |
| Minnesota Point | U.S. Army Corps of Engineers | St. Louis |
| Superior National Forest | U.S. Forest Service | Cook |
| Grand Portage Indian Reservation | Bureau of Indian Affairs | Cook |
| Grand Portage National Monument | National Park Service | Cook |
3. Nonpoint Source Pollution Control Program Boundary
The Nonpoint Program of the CZMA, also known as Section 6217, serves as an update and expansion of the state Nonpoint Source Management Program developed under the federal Water Pollution Control Act, as the program under that section relates to land and water uses that affect coastal waters. The Nonpoint Program will be a stand alone program and the boundary for the program will be developed through a separate process. In general, the nonpoint program boundary should be large enough to address the land uses that individually or cumulatively may cause or contribute significantly to degradation of the quality of coastal waters. See Part VI, Coastal Nonpoint Pollution Control Program, for information on Minnesota's Nonpoint Source Program development efforts.
Federal regulations require that the inland boundary of Minnesota's coastal area include those areas for which management is necessary to control uses that have direct and significant impacts on coastal waters; special management areas; wetland areas subject to regular inundation by Lake Superior that contain flora typical of the region; sandy beaches, dunes, and rocky areas to the point of upland vegetation; and islands in their entirety, except when uses of interior portions do not cause direct and significant impacts.
The inland boundaries extend landward to cover all coastal resource areas, all major coastal issue areas, and all lands which could have a direct and significant impact on coastal waters as a result of their use.
Justification for Selected Boundary
In selecting boundaries for Minnesota's Lake Superior Coastal Program, a detailed analysis was made of those potential areas (including sensitive or fragile ecosystems and various physical considerations relative to development in these areas) which might have a direct and significant impact upon coastal waters. Another important consideration in developing boundaries for the program is funding and the limitations on funding for program implementation. A third consideration is the ease in which the boundary can be mapped, managed, and understood.
The Minnesota coastal area of Lake Superior can be divided into three parts for purposes of discussion. One part includes the area of the St. Louis River in Carlton County, south of Duluth. Another part is the city of Duluth and surrounding areas of urban growth and expansion to the north and west. The third part is the region between the Duluth city limits north to the Canadian border, also known as the "North Shore."
There are variations in the natural and cultural features in the coastal area. The St. Louis River, which flows south of Duluth before it enters Lake Superior, is a major source for hydropower generation and recreation in Carlton County. The major issues identified include erosion, contaminant/sediment problems, exotic species, and hydropower operations. The city of Duluth and surrounding urban area is the location of a major shipping port and is also the largest population center in the watershed. The major issues included in this part of the coastal area are: urban runoff, sewage treatment, erosion along waterways, harbor and port planning, and open space planning. The North Shore is unique in the fact that the area is not as densely populated; the majority of land adjacent to Lake Superior is in private ownership, and the majority of land inland from the coast is in public ownership. This part of the coastal area is valued for its natural character and beauty. Maintaining the character of the area while providing a sustainable way of life is important. The most important issues included in this part of the coastal area are water quality, sewage treatment, shoreline erosion, recreation, tourism, stream corridors, and unique management areas. Common concerns throughout the coastal area include water quality and erosion, sewage treatment, and the cumulative impacts from growth.
Because of the unique character of the North Shore, an inland boundary based on coastal townships was developed. Coastal townships include those areas that are described by the subdivision lines of the rectangular coordinate system established in the U.S. Public Land Survey. The U.S. Public Land System or the Rectangular Survey System is a method of land description used to describe more than 50 percent of the land in the United States. The land is divided into approximate squares called "townships" which have sides approximately 6 miles in length. Townships are further subdivided into 36 sections each approximately one square mile. The townships are described by a township (north or south) number and a range (east or west) number. The coastal township boundary is a convenient means to identify a coastal program boundary since the boundary is defined by a legal description shown in local land surveys and is typically an existing government subdivision boundary.
The coastal township boundary is defined as close to a 6- by 6-mile township as possible. In areas where the coastal township inland boundary was less than three or four miles from Lake Superior, the next inland 6-mile township was chosen as the coastal township boundary. In one instance, where the coastal boundary was less than 6 miles from Lake Superior and the next township boundary was 10 miles inland, the boundary of the Pat Bayle State Forest was used (Cook County). The forest border makes use of an existing known geographic boundary, thus avoiding confusion. In addition, a number of inland water resources, namely, Devil Track Lake, Caribou Lake, Christine Lake, White Pine Lake, and Mistletoe Creek are within the boundary. Using the rationale above, the inland coastal township boundary stays approximately six miles from the Lake Superior shore.
Based upon the analysis, considerations, and relying upon the assumption that "the closer a use is to the coast the greater the impact on coastal waters," it was decided that the area within which activities would be eligible for program implementation funds and subject to program management policies would extend inland as described below (see Figure 5 - PDF 293k)
a. St. Louis River Watershed
The inland boundary affecting Carlton County, the Duluth-Superior Harbor and parts of St. Louis County: at the St. Louis River confluence with Lake Superior, going upstream along the Minnesota/Wisconsin border, within the county of St. Louis to the Carlton County line, thence south along the Jay Cooke State Park border, thence westerly along the park border and including the city limits of the city of Wrenshall, thence, northwesterly along the border of Jay Cooke State Park and including the city limits of Carlton to the intersection of Highway 210, thence westerly along Highway 210 to the western border of Section 6, T48N, R17W, thence north along the R17W line following the western border of the city of Cloquet to the St. Louis County border, thence easterly along the Carlton/St. Louis County line to the western border of Midway Township and the city of Hermantown (see Figure 6 - PDF 781k).
b. Duluth and Surrounding Urban Areas
The inland boundary for Minnesota's Lake Superior Coastal Program affecting the Duluth metropolitan area, including the cities of Hermantown and Proctor within St. Louis County: from the point where Carlton County, Hermantown, Midway Township, and Solway Townships meet, north along Solway Road (County Road 889, the western border of Hermantown), to the intersection of Highway 53, thence northwesterly along Highway 53 to Munger Shaw Road (County Road 15), thence north on Munger Shaw Road to Abrahamson Road, thence east along the section line to the NE corner of Section 18, thence south on Midway Road to Martin Road (County Road 9), thence west on Martin Road to Rice Lake Road (County Road 4), thence north on Rice Lake Road, to West Beyer Road (County Road 259), thence east on West Beyer Road to Jean Duluth Road (County Road 37), the western border of Lakewood Township (see Figure 6 - PDF 781k).
c. St. Louis County - North Shore
From the intersection of Jean Duluth Road and West Beyer Road, north on Jean Duluth Road (County 37) to the north border of Lakewood Township, thence east to the west border of Duluth Township, thence north to the north border of Duluth Township, thence east to the Lake County border (see Figure 6 - PDF 781k).
d. Lake County - North Shore
From Unorganized Territory Number Two west border, north along the R11W line to the T53N, R11W north corner, thence east along the T53N line to county-state aid Highway 2, thence north along Highway 2 to the T54N line, thence east to the R9W west line, thence north to the T55N line, thence east to the R8W line, thence north along the R8W west line to the T56N line, thence east to the R7W line, thence north along the R7W west line to the T57N north line, thence east to the R6W line, thence north along the R6W west line to the T58N north line, thence east to the Cook County line (see Figure 7 - PDF 330k).
e. Cook County - North Shore
From the Cook County line (NW corner Section 6, T58N, R11W) north along the R5W west line to T59N north line, thence east to the R4W line, thence north along the R4W west line to T60N north line, thence east to the R3W line, thence north along the R3W west line 3 miles to the Pat Bayle State Forest border, thence east to the R2W line, thence north 3 miles along the R2W line to the Pat Bayle State Forest border, thence east to the R1W line, thence north along the R1W west line 2 miles to the Pat Bayle State Forest border, thence east to the R2E line, thence north along the R2E west line 4 miles to the T62N line, thence east along the T62N line 12 miles to the R4E line, thence north along the R4E west line to the T63N line, thence east along the T63N north line to the Grand Portage Indian Reservation, thence northerly along the west border of the Grand Portage Indian Reservation to the USA/Canada border, thence easterly along the Minnesota side of the USA/Canada border to Lake Superior (see Figure 8 - PDF 406k).
Maps which show the coastal boundaries in greater detail are on file at the Minnesota Department of Natural Resources office in Two Harbors.
