2023 APM Plan Update (Click here to download the 88 page report)
Harvesting Permit Update:
Every five years PLMD is required to renew our aquatic plant harvesting permit with the WI DNR. The renewal process requires the lakes to have a Point-Intercept survey proformed. During the 2021 annual meeting residents voted in favor of having Jeff Steltzer (owner) of Lake and Pond Solutions collect the P/I survey data. This consists of using a rake to collect and record the amount and types of plant species detected throughout 300 points on lower Phantom and 276 points on upper Phantom. You may have seen this crew on the lakes in August of 2022.
An Aquatic Plant Management Plan (APM) is also required every five years to renew the harvesting permit. The APM consists of a biologist(s) deciphering the P/I data collected and analyzing trends to make a recommendation regarding harvesting amounts and locations. During the 2022 annual meeting residents voted in favor of contracting Lake and Pond solutions to generate the APM.
In April 2023, the draft APM was submitted to PLMD’s DNR biologist to review. The APM recommended expansion of the current harvesting lanes, an additional north/south lane, and additional harvesting around the condo piers. This additional harvesting would increase the total mass of harvesting on Lower Phantom from 12% to 14%. The APM cited data and studies to support these revisions. Despite requests for feedback from the DNR, none was provided. PLMD submitted the harvesting permit along with the APM and required documents to the DNR in July. While the DNR approved the harvesting permit, no additional harvesting was approved, nor any rationale for the decision other than the fisheries biologists didn’t recommend changes. The PLMD board feels the DNR biologists failed to give the APM, along with the documentation provided, full and complete review and consideration. PLMD’s APM was based on solid data and lake management practices and deserves proper consideration.
PLMD has/had until 8-23-2023 to file to legally contest the harvesting permit issued. Thanks to a $3,000 donation by PLMD board member Joanne Tlachac-Hehn, PLMD is working with Attorneys at Amundsen Davis to file the petition to the WI DNR.
At this time it has not been determined if PLMD will purse judicial review through circuit court or a contested hearing or both. Input from residents and discussion on the amount of legal funds that should be budgeted for 2024 is encouraged during the 9-19-2023 annual meeting.
9-17-2024 Update:
During the 9-19-2023 annual meeting, residents voted in favor of pursuing judicial review. Responsible official Michael Aprahamin and the court determined WI DNR did not meet the minimum requirements for reasons for denial and the Court remanded the case back to the agency for further action. In August 2024, WI DNR did re-review PLMD’s harvesting permit and provided the 8-16-2024 findings of facts to support their decision. On 9-13-2024 Amundsen David Law filed for an contested hearing on behalf of PLMD to dispute WI DNR’s finding of facts regarding the denied harvesting areas.