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Established 1894
Member, Wisconsin Association of Lakes

P.O. Box 153

East Troy, WI 53120

VOL 15 NO 2 A PUBLICATION OF THE LAKE BEULAH PROTECTIVE & IMPROVEMENT ASSOCIATION Fall 2007

From the President’s Desk

We have good news and bad news coming from
the LBPIA. First, the bad news. The new Village
well #7 will be completed in the coming months.
The results from the loss of water from Lake
Beulah are yet to be determined. The LBPIA and
the Lake Management District continue to believe
the water loss could have significant negative
effects. We will continue and lend assistance
to the District with an aggressive monitoring
program. Paul Didier, has written a detailed
update on the well in this issue of Lake Views.
We also have good news to report. There has
been significant progress on the Highway “J”
dam issue. The Lake Management District will
assume responsibility for the regular monitoring,
maintenance, and long term care of the dam.
One additional document needs to be submitted.
Thank you to the Lake Management District for
making this happen.
Our membership continues to thrive. We have
close to three hundred active and concerned
members. Our financial picture has brightened
considerably and we now have in excess of
$23,000 in the bank. This was made possible by
the generous contributions of our membership
through donations solicited in our membership
renewal letters. This will help pay for our ongoing
legal bills concerning the well. In addition, it will
program on the effects of the well on the Lake.
We have further saved money because the DNR
has agreed, at no cost, to an ongoing fish stocking
program for Lake Beulah. The Lake continues to
be in great condition.
Don’t forget to go to our website
www.lakebeulah.org to get the latest information
about the many issues affecting our Lake. Also,
mark your calendars for our Fall Member’s
meeting scheduled for Saturday, September 15th
at the East Troy Town Hall.
Finally, I would like to thank Paul Didier for
his tremendous work on our Board. Paul led
the charge on our two most contentious issues,
the well and the dam. He joined the LBPIA in
1998, and has served in many positions with
the Association, including a number of years as
President. We have term limits of nine years for
the LBPIA, and Paul’s term is expiring this fall.
Paul will join a number of other distinguished
alumni from the Board who have served a full
nine year term. Thank you Paul for your years
of service.
Dick Patterson
President

LBPIA Fall Member’s Meeting help fund the upcoming monitoring and testing

Saturday, September 15, 2007 beginning @ 9:00 AM In This Issue…

Native Lake Shore Vegetative Buffers: Lake Protection Everyone Can Do . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Town of East Troy Town Hall Critter Corner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Paddle Prattle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
N 9220 Stewart School Road, East Troy, WI Better Water Management the Goal -Village Well #7-No Way! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Fish and Wildlife Update. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
The usual coffee, donuts, and good fellowship will be available. Notice of Claim Filed Against State Of WI Department of Natural Resources and Village of East Troy . . . . . . 6
Native Lake Shore Vegetative Buffers:
Lake Protection Everyone Can Do By Audrey Greene
Every lake is different, some
are large, deep and perfect for
big boats and waterskiing, while
other lakes are shallow and per-
fect for small boats, wildlife and
quiet morning fishing trips. The
one thing that is constant about
all lakes is that the people that live
on them, love them and want to
protect and enhance them. Un-
fortunately, some people feel that
the job of lake protection is so
big and so complex there is very
little they, as individuals, can do
to help. However, every lake front
property owner can contribute to
protecting their lake by establis-
hing and/or protecting a native
lakeshore buffer.
Native shoreline buffers can
be as diverse as the people and
property surrounding the lakes.
However, there are a few things
that make up a perfect buffer.
The ideal buffer begins in the wa-
ter with native aquatic plants, and
continues 35 feet onto the shore,
using native trees, shrubs, grasses,
and flowers. However, not ever-
yone will be able to accommodate
this large of a shoreline buffer. So
it is important to understand that
even a narrow buffer will provide
benefits to both the lake and the
landowner.
There are many reasons for
installing a native shoreline buffer.
One extremely important bene-
fit for the lake is to protect water
clarity and quality. When melting
snow and rain are not absorbed
into the soil, the excess water
(storm water run-off) runs across
the land and eventually washes into
our lakes. The runoff picks up soil,
phosphorous and other contami-
nants as it travels toward the lake.
Lake Views is published periodically by the Lake Beulah Protective & Improvement Association. Every effort has been made to provide correct
and accurate information. There is, however, no guarantee as to the total accuracy of information included. The opinions expressed are not nec-
essarily those of the LBPIA Board of Directors. Individuals who wish to submit articles, artwork, poetry, calendar items or photography may send
contributions to Lake Views Editor, LBPIA, P.O. Box 153, East Troy, WI 53120. Articles in Lake Views may be reprinted or reproduced for further
distribution, with acknowledgment to the Editor.
The native vegetation that makes
up a good buffer will help slow
down storm water runoff. This
allows the runoff to slowly infiltrate
into the soil. Infiltration of storm
water helps recharge groundwater
and many of the pollutants are cap-
tured and retained. Buffers also
help prevent soil erosion caused
from runoff or wave and ice action.
Do you have a problem with geese?
A good native buffer will discoura-
ge geese from setting up residence
on your property because geese
do not feel comfortable if they can
not see the lake clearly. How about
planting a native buffer simply
because it is beautiful, great for
wildlife, or because it can help cut
down on unwanted views, noises
and invasive species.
Planning a native shoreline buf-
fer is a matter of looking at your
property and deciding what you
have to start with and what your
goals are. You will need to draw
up a simple plan of what is already
existing, what you want to keep
and what you want to add. The
following are some questions you
should consider:
1. How much room do you have
for your buffer?
2. What are your goals for this
buffer? Do you want to block
some views or maintain most
of the open view you have? Do
you want to buffer noise? Is
your main goal erosion and
runoff control? It is very im-
portant for you to identify what
end results you are looking
for. If you don’t, you may not
be happy with the completed
buffer
3. Does this area have steep slopes
down to the lake?
2 7
4. Does your shoreline need
erosion control measures?
5. What kind of soil, moisture,
sun/shade, and wind compo-
nents does this site contain?
6. What kind of plants do you
want? Good buffers contain
several layers. Trees make up
the top layer, shrubs the second
layer, while grasses and wild
flowers make up the third layer.
For additional information
about planning a buffer, what plants
will work or where to get them,
landscape companies that can assist
you or any other questions please
contact Audrey Greene, Walworth
County Land Conservation, at
262) 741-7902.
Some words of caution. Site pre-
paration usually includes killing
or removing existing exotic vege-
tation, which can mean conventi-
onal lawn grass. Walworth County
Shoreland Zoning requires a
permit application and conservati-
on plan for these activities. Please
contact your County zoning officer
(262) 741-4972 before you begin
any project. If any of your plans
involve tree or shrubbery removal,
adding fill, soil removal or relocati-
on (grading) you must first contact
Walworth County land Manage-
ment – Zoning at (262) 741-4972
in order to obtain the specified
permits. If you decide you want
to plant native aquatics in the lake
you must contact the Department
of Natural Resources (DNR) first
to obtain the required permit. If
your shoreline is in need of ero-
sion control measures such as
bioengineered materials or rock
riprap, you will also need permits
from the DNR. h FOR MORE INFORMATION PLEASE CONTACT EITHER FRANK DAVENPORT OF
Area Chair Network 2007 LBPIA
September 2007 Board of Directors
Area Chairpersons are committed Lake Beulah residents who serve as the
Dick Patterson, President
primary contacts for the Association. Should you have an interest or concern 847-256-1028
about anything regarding the Lake, please be sure to contact your area chair. pattersonrichard@comcast.net
Lake Beulah Area Chairperson(s) Dr. Scott Miller, Vice-President
A Country Club Lane & Austin Rd. ................... Jane Tanis (262-642-9232) Chair: Fish & Wildlife Committee
jtanis@wi.rr.com 608-757-2531 • 262-642-3033 (Lake)
themill_wi@hotmail.com
B Beulah Heights Road ................ Jeihri & Kelly Robinson (262-642-5989)
jrobinson@ra.rockwell.com Paul Didier, Immediate Past President
608-824-9966 • 262-642-5354 (Lake)
C Oakwood Lane & It’s A Little Road....... Jim Holtermann(262-642-3050)
didiep@mailbag.com
D Lake Road & Windy Way ........................... Penny Clayton(262-642-3083)
Ruth Rappold, Treasurer
E Highway J & Millsite Road ..................... Dave Skotarzak (262-363-7603) 262-642-3496
mmsko@elknet.net rappr@netwurx.net
F Island Drive & Golden Way ................. Ralph Gehrmann (262-363-3072)
Jane Tanis
G Brynes Lane & Romadka Park Road ............ Roy Gerloff (262-642-5213) Chair: Membership & Area Chair Network
H Horseshoe Lane & East Shore Road 262-642-9232
jtanis@wi.rr.com
(to Beulah Park) ......................................... Josie Midman(262-363-8892)
I Beulah Park Road ...................................... Marge Harvey (262-642-5436) Judy Beren
J East Shore Road & Thistle Lane ........ Joe & Marge Kelly (262-642-9026) Secretary
262-782-5088 • 262-642-3636 (Lake)
jkellymd@wi.rr.com
K South Shore Drive (to Humphrey Lane) ............Arlene Gull(262-642-7272) Robert V. Lewis
L South Shore Drive & Humphrey Lane ..... Kathleen Taugher(262-642-3835) Chair: Information Education
ptaug@milwpc.com 262-642-4581 • 312-845-3733
rlewis@chapman.com
M Kings Parkway & Kings Lane....John & Bea Sonderegger(262-642-5716)
johnsonderegger@att.net Ron Anders
N Pastime Lane & Grandview Drive ... Bill & Maya Murphy (262-642-9837) Chair: Water Quality
262-642-2727
murphmaya@centurytel.net
randers@asapnet.net
O Wilmers Grove Road, Wilmers Point Lane
& Wilmers Landing ......................................... Brian Fons(262-642-9613) Anne Humphrey
262-642-5617
P Stringers Bridge Road, New Deal Ave. & QMAH@aol.com
West Bay Road................................................Michol Ford(262-642-5189)
Q Beach Road & Deerpath Road...................................... volunteer needed
Continued from page 6
Many Wisconsin lakes recently have reached historic low water levels, limiting citizens’ rights
to fish, swim, and boat and changing habitats in these areas. While numerous other factors
may contribute to these water shortages including climate change and recent drought
conditions, the impact of these high capacity wells cannot be overlooked. The claimants
maintain that these water concerns make imperative careful WDNR review of environmental
impacts prior to approving applications for high capacity wells. August 16, 2007
BERGER, NEWMARK & FENCHEL P.C. AT 312-782-5050 OR
DANIEL P. BACH OF LAWTON & CATES, S.C. AT
608-282-6200.
Also see the LBPIA website at www.lakebeulah.org for the text of the claims h
 Critter
Paddle Prattle
NOTICE OF CLAIM FILED AGAINST STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES AND VILLAGE OF EAST TROY
Corner
Dragonflies
Several Wisconsin residents and two lake protective and management groups today gave notice by Scott Miller, M.D.
of their intent to file suit against the Wisconsin Department of Natural Resources (“WDNR”)
and the Village of East Troy in what some say may be a landmark case in the protection of This morning while I was kayak- vices and Type V’s are special devices
Wisconsin’s lakes, wetlands and streams. ing, I thought back on a canoe trip that are typically not recommended
that I took quite a few years ago. for paddling.
Several friends and I paddled from Type III PFD’s are the kind that
The notice asserts that the WDNR approved, without sufficient study, the placement of a high the tip of the Gun Flint Trail in work best for paddle sports.
capacity well near Lake Beulah, an 840-acre, spring-fed lake in southeast Wisconsin. The well Minnesota into Canada and checked
is situated near an important wetland area and a concentration of springs that provides an in at a Canadian ranger station on
important source of water for Lake Beulah. The well will remove from the watershed as much a remote island in Quetico. While
we were there we gave the ranger
as two million gallons of water per day. and his family a block of Wisconsin
Dragonflies and their cousins
cheese as a present. He asked me
The WDNR is charged with the obligation to protect Wisconsin’s navigable waterways under the damselflies are common if I “knew the difference between a
the Public Trust Doctrine of the state constitution. The notice filed today alleges that the on Lake Beulah. You can tell Canadian and a canoe?” I told him
the difference between them I had no idea and he said that the
WDNR failed in its duty to perform an environmental assessment sufficient to meet the difference was that “canoes tip!”
requirements of Wisconsin law. It further alleges that the Public Trust Doctrine requires by watching them once they This got me thinking about the most
the WDNR, prior to approving an application, to learn the potential impact of the well on land. Dragon flies keep their important piece of equipment that
the ecosystems of the lake and the surface waters, wetlands and streams of the surrounding wings out stretched (like an you can be wearing in case your ca-
noe or kayak happens to “tip”, your
watershed. The claimants assert that the environmental impact review should include an airplane) while damselflies fold life jacket. This type of PFD is very comfort-
analysis of the likely changes to water level, temperature, and quality, and the resulting impact their wings over their backs. Life jackets, also known as Per- able to wear and usually offers large
on the habitat of the lake and wetland areas. Dragonflies spend upwards of sonal Flotation Devices (PFD), are arm holes for freedom of movement
required by law on all watercraft while paddling. Their short waists
95% of their life under water as including those powered by paddles usually sit just above the top of a
The claimants, which include the Phantom Lake Management District and the Eagle Springs nymphs. These aquatic nymphs and oars. Each person on board kayak seat back, which makes for a
Lake Management District, will seek injunctive relief to stop the withdrawal of water until must have one available at all times much more comfortable ride. They
are veracious predators and
further environmental study is completed by the WDNR. The suit also seeks a judicial order and in the case of a canoe or kayak also come with several pockets and
feed upon insects, crustaceans, it is a good idea to wear it even if tie down spots for holding any items
that the WDNR is legally obligated to consider the environmental impact of high capacity
worms and even small fish. you are a good swimmer. You never that you might want to take with you.
wells before issuing permits for such wells, which the WDNR has refused to do, claiming it is know what might be the cause of I prefer a brightly colored PFD’s for
prohibited from doing so by state statutes. This action comes after the failure of negotiations They shed their skins many
your needing a PFD and if you are high visibility.
with the Village of East Troy to find alternative sites for the well. Sites outside of the affected times during their underwater injured in the process of entering Make sure that the PFD you
watershed were located, but the Village of East Troy remains steadfast in its refusal to consider life and eventually climb up the water, the PFD can be the differ- choose fits you well. A good test for
out of the water and shed their ence between life and death. this is to try to pull the PFD up over
these sites. There are five types of PFD’s that your head while you have it on. If
skins one last time, emerging are available and these are rated I it slides up to your nose, it is either
“The DNR’s primary duty is the protection of our natural resources, including water quality as adult dragonflies. These – V with the lower numbers offer- not tightened up enough or is too
and wildlife habitat,” stated Daniel Bach, one of the attorneys representing the claimants. shed skins can often be found ing the highest levels of protection. large for you. Pay special attention
Type I’s are offshore life jackets that to the flotation rating to make sure
“It doesn’t follow that the DNR could approve applications for high capacity wells without on the upright supports of are designed to keep the wearer that it is large enough for your body
considering the impact of those wells on natural resources. In this instance, the interests of piers. Once airborne, dragonflies floating face-up position in rough, weight. This is especially important
the developers and short-sighted public officials took precedence over the long-term welfare of continue to have healthy open water. Because these are big for children. Lastly, I like to prac-
an invaluable watershed.” and bulky they not designed for tice swimming in my PFD to make
appetites. They feast upon paddling sports. Type II’s are the sure that it is going to work well if I
mosquitoes, gnats, flies and standard orange horseshoe shaped happen to end up in the water. This
Issues regarding access to water and preservation of waterways have been simmering for a collars that many of us wore as kids. is a great way to see for yourself if
other insects. Dragonflies are
while now, but with the current rate of development and increased demand for high capacity These will turn most unconscious the PFD is well adjusted and going
an important part of Lake wearers to a face-up position but to work when you need it most. See
wells, those issues have reached a boiling point. The impact of these wells on the affected
Beulah’s ecosystem! they too are not designed for pad- you on the lake for some fantastic
aquifers and surface waters is not yet fully known. dling. Type IV’s are throwable de- fall paddling!
Continued on page 7
6 3
Better Water Management the Goal -
Village Well #7- No Way!
By Paul Didier
As of late July 2007, a drive by observation of
the site for new Village well #7 located in the
Village’s new Lake Bluff subdivision and just a ¼
mile from the southwest corner of Lake Beulah
showed well drilling equipment still on site(see
photo). It can be expected that the proposed
1000 gallon/minute pump and its pump house
will be completed in the coming months and
valuable ground water from the Beulah water-
shed will be flowing into the Village’s potable
water supply system at a rate of anywhere from
480,000 to 1,440,000 gallons per day never to be
seen again in our valued Lake Beulah/Mukwo-
nago River watershed. Gosh darn it, how hard
the Lake Beulah Management District (LBMD),
your Lake Beulah Protective & Improvement As-
sociation (LBPIA) and several private lake resi-
dents worked to try and avoid this outcome!
As the new well proceeds toward completion,
several actions are underway:
• The LBMD & LBPIA have filed a petition in
Walworth County Court for a judicial review
of the DNR’s final decision dated May 3rd,
2007 asking the Court to order DNR to re-
vise its directive granting a contested case
hearing for only a limited number of issues
and ensure the State’s Division of Hearings
& Appeals conducts a hearing on all of the
issues requested by the Petitioners. Basically
our petition states that DNR’s May 3rd, 2007
decision is improper, does not protect the
environment or the waters of the state and
is inconsistent with DNR’s obligations under
Wis. Statutes and the state’s “Public Trust Doc-
trine”. More specifically DNR’s approval(s)
of well # 7 did not meet all applicable re-
quirements for environmental review and
protection of public rights in the surface and
ground waters of the Lake for the benefit of
present and future generations.
• The LBMD’s ordinance adopted in Decem-
ber 2006 prohibits the net transfer of ground-
water and surface water from the Lake Beu-
4 5
Additional Contacts
For Lake Residents
Town Chief of Police:
Jim Surges
Ph# (262)642-3700,
lah Hydrologic Basin. The Village Trustees N9220 Stewart School Road,
at their June 4th 2007 meeting ordered their East Troy, WI 53120
engineers to include provisions in the plans Town Hall:
for the ongoing improvements to the Village (262)642-5386,
Waste Water Treatment Plant (WWTP) which N9220 Stewart School Road,
East Troy, WI 53120
will allow the return of treatment plant ef-
(Sandy – receptionist)
fluent into Lake Beulah. While it is encour-
Lake Management
aging to see that the Village is attempting District Attorney:
to address one of the key provisions of the David V. Meany
District’s ordinance, the Trustees and their DeWitt Ross & Stevens
engineering firm need to be sure to include 13935 Bishops Dr. Suite 300
in any such plans that the WWTP effluent as Brookfield, WI 53005-6605
262-754-2840
required to be approved by DNR must be di-
rected to one or more seepage cells designed Chairman, Lake Beulah
Management District:
to replenish the ground water system in the Dave Skotarzak,
area where it will recharge the underground Ph# (262)363-7603,
aquifer in the watershed surrounding Lake Fax# (262)363-9303
Beulah and in no case be discharged directly Fish and Wildlife Update N9554 Millsite Road,
Mukwonago, WI 53149
into Lake Beulah. I understand there is prec-
E-mail: mmsko@elknet.net
edent already for such a system that has been This spring brown trout were stocked in the lake and we were Chairman, Town Board:
operated successfully at Lake Geneva, our on course to have walleye stocked this summer. Unfortunately, Robert Mueller,
neighbor just to the south. It is imperative the DNR suspended stocking because of concerns surrounding N9124 Humphrey La.,
that proper water management and engi- the Viral Hemorrhagic Septicemia Virus (VHSv) that has been East Troy, WI 53120
neering practices are followed in this closely (262) 642-7172
detected in fish from Lake Winnebago, Green Bay and Lake
watched case. County Supervisor,
Michigan. VHSv is a virus that attacks blood vessels and causes
• The LBMD and LBPIA have cooperatively (Dist. 1 – Town of East Troy),
fish to bleed to death. Although it can infect many species of Walworth County:
embarked on a comprehensive monitoring
fish, it has not been shown to cause any harm to humans. Rick Stacey (262) 642-9689
and sampling program of the Lake which
not only will include historic water quality Doug Welch, the DNR fisheries manager for our area, said LBPIA Attorney:
that stocking might resume in 2008 but there are no assurances Dennis L. Fisher,
monitoring data dating back as far as 1960 but Meissner Tierney Fisher
will also include ongoing monitoring of the of this. The Triangle Sportsman’s Association and LBPIA are
& Nichols S.C.,
lake’s inflows, outflows, ground water levels at looking into submitting an application for private stocking but The Milwaukee Center,
strategic locations and a comprehensive sam- Mr. Welch felt that this permit would likely be turned down by 111 East Kilbourn Ave.,
pling plan on key water chemistry elements the DNR. Any fish that would be placed into the lake would un- Milwaukee, WI 53202-6622
Phone (414)-273-1300;
to document changes as the new high capac- dergo extensive testing by the DNR to assure that no evidence of
Fax (414)-273-5840;
ity well goes on line. It is essential we take VHS virus was present prior to their being released. Mr. Welch e-mail DLF@MTFN.Com
every opportunity to document those changes felt that there would be no adverse effects to the lake if stock- LBPIA Web Site:
using the latest scientific and technological ing were skipped for a year. Beulah is primarily a bass lake and www.lakebeulah.org.
methods. The very future of property values because of the slot limit these bass have been spawning naturally
around the Lake is dependent on the contin-
ued excellent water quality of Lake Beulah
and should continue to do so for many years to come. h Effective as of 12/19/06
and the new Village high capacity well may
seriously impact that. h