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Sheldon
Marsh State Nature Preserve. This outstanding preserve
on Lake Erie and its contiguous wetlands comprise
some of the last remaining undeveloped stretches
of shoreline in the Sandusky Bay region. Supporting
a number of rare and threatened plant and animal
communities and providing an important stopover
for migratory birds, this wondrous area is truly
one of the most important natural jewels of Ohio’s
North Coast. The preservation of Sheldon’s Marsh
is important to the economy, ecology, and community
in the area.
Looking
north, this holding pond was constructed in
a flood plain. Note the Sheldon’s Marsh sand
spit, which is marked by the line of trees cutting
across the middle of the photo. Credit: FOSM
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Preservation,
however, has not always been the fate of Sheldon’s
Marsh. In early 2000, local property owners and
National Audubon Society-Firelands Chapter members
Pat Krebs and Pat Dwight observed what they believed
was an illegal dike and channel constructed by Barnes
Nursery through the rare wetlands. The Nursery claimed
to have a permit issued by the Army Corps of Engineers
(Corps) but Krebs and Dwight were skeptical.
It was
at this point that they encountered what would be
their biggest obstacle during the great effort to
save Sheldon’s Marsh; they did not know where to
begin. They had no knowledge of permits or the processes
that are involved in applying for permits. They
did not know where to go or who to see to answer
their questions or give them information. So they
did the only thing they could do, they began making
phone calls and asking questions. They obtained
and waded through numerous Corps public documents
only to discover that the Nursery was digging through
Category III (highest quality) wetlands with an
improper permit for enhancing degraded wetlands,
during the height of growing season. They informed
several other local land owners and concerned citizens
of what they had learned and together they formed
the Friends of Sheldon’s Marsh (FOSM).
It was
determined that the Nursery had exceeded the provisions
of its permit and it was directed to stop work in
July 2000 until it could obtain a proper permit.
The Corps rescinded the improper permit and told
the Nursery that it would have to obtain an after-the-fact
404 permit under the Clean Water Act. FOSM knew
that if the new permit was issued it would result
in further degradation of Sheldon’s Marsh, and that
was not something that this unwavering group was
willing to allow.
FOSM
immediately set out to make the public aware of
the potential fate of Sheldon’s Marsh. They set
up a web site and implored the public to write letters
and to make phone calls to their local politicians
and make their position known. They sent out letters
and special alerts detailing their position on issues
concerning Sheldon's Marsh. The National Audubon
Society introduced FOSM to the GLAHNF network, which
allowed FOSM members access to a wealth of environmental
information and connections. FOSM received several
GLAHNF grants between 2001 and 2003 which helped
offset the costs of legal fees, office costs, mailing
costs, and the cost of the FOSM website. It is incredible
to think that a small group of ten to twelve citizens
were able to reach out to the public and elicit
over 1500 public comments in the form of letters,
emails, and phone calls.
A
view to the north, overlooking Barnes Nursery
on the lower left and part of an adjacent subdivision
on the lower right. The channel is in the middle
of the photo. Note also the Nursery pond at
the lower center of the photo. This pond was
not part of the channel and dike construction.
Credit: FOSM |
In
December 2001, the Corps issued a provisional permit
to the Nursery after conducting an Environmental
Assessment (EA) and determining that the proposed
project would not have a significant individual
or cumulative impact on the environment nor would
it contravene the public interest despite the public
outcry for the protection of the Marsh. Regulating
authorities, US EPA, US Fish and Wildlife Service,
Ohio EPA, and the Ohio Department of Natural Resources
(ODNR) recommended denial of the permit and restoration
of the site.
Despite
the fact that a provisional permit was issued, FOSM
was more determined than ever to keep a final permit
from being issued. FOSM members believed that if
this occurred it would surely seal the fate of Sheldon’s
Marsh. FOSM set out to do what it was most successful
at doing - calling for public outcry. The authorization
of the provisional permit was contingent on the
Nursery receiving water quality certification and
costal zone consistency from the state, both of
which were denied.
The
Nursery appealed these decisions through separate
appeal processes. An Ohio Attorney General’s brief
to the U.S. Secretary of Commerce recommended that
"the Secretary of the Department of Commerce
dismiss the appeal by the Nursery on denial of coastal
consistency, and recommend to the Corps to require
restoration since the project is unauthorized and
unauthorizable" under the Coastal Zone Management
Act. In May 2003 it withdrew the appeals and the
administrative process was closed and the project
remains unauthorized.
The
dropping of the appeals and finalizing of the permit
denial marked a hard-earned and long-awaited victory
for FOSM. However, the permit denial was only half
the battle. If the dike and channel were allowed
to remain in the category III wetlands, it could
set a dangerous precedent for undermining wetland
laws nationally. It was important for the public
to continue to apply the same sort of pressure for
the restoration of the marsh as it did to having
the permits denied. Finally, in October 2003, the
Corps gave FOSM members and concerned citizen’s
everywhere reason to celebrate when it directed
the restoration of Sheldon’s Marsh to its preconstruction
condition. The order directs restoration of the
project area by December 31, 2004. The commander
of the Corps, Buffalo District, commented that "the
2004 deadline takes into account environmental exclusion
dates during which certain types of work must be
halted to avoid possible impacts on endangered species,
and gives the Nursery the opportunity to adjust
its business model." FOSM members learned some
important and difficult lessons through their battle
with the Nursery. When asked what the key to the
success of FOSM was, co-founder Pat Krebs replied
"dogged tenacity and determination". FOSM
also offers these words of encouragement to others
who find themselves in similar situations:
Do not
be discouraged and do not simply believe what people
tell you. If FOSM had been satisfied when Barnes
told them that they had a permit for their dike
and channel, more damage could have occurred to
the wetland. Do the research and find the information
that you need to determine what is really going
on. Government agencies must provide you with information
regarding permits. This freedom of information is
what got FOSM on the right track from the beginning.
Contact state and federal authorities. Find out
who is in charge of regulating the activities in
question and provide them with support to do what
is right. Hold them accountable for enforcing their
own regulations. Citizen outcry can help this process
by forcing regulators to address an issue.
FOSM
plans to continue to utilize citizen’s voices to
pressure the Nursery into restoring the wetland.
Finally, be patient. These processes can take a
long time, but they also can result in outstanding
success.
Friends of Sheldon’s Marsh
Pat Krebs or Pat Dwight
PO Box 967, Sandusky, OH 44871
(419) 433-2132
Email (Krebs): pskherarts1@aol.com
Email (Dwight): pdwight551@aol.com
Website: www.sheldonsmarsh.org
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