You really haven’t done your due diligence.”

Christopher Smith, certified wildlife biologist

The group has a Facebook presence at “Friends of Grey Cloud” as well as a website, www.friendsofgreycloud.org.

Park Grove Library
7900 Hemingway Ave. S
Cottage Grove, MN 55016
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Meeting on the afternoon of Jan. 13, 2024 at the Park Grove Library, a local conservation group called Friends of Grey Cloud presented thoughts on the old Mississippi Dunes Golf Course, and conservation opportunities related to it. The property is currently owned by holding companies Dunes LLC and TCB Properties LLC, with a preliminary housing plat by Rachel Development headed to Plan Commission Jan. 22, after which the Cottage Grove City Council will consider the matter. The council previously used its consent agenda last fall to approve concept plans by Rachel Development.
Starting out the two-and-a-half hour meeting at Park Grove Library Jan. 13 meanwhile, a land acknowledgement for the area was read by event co-coordinator Lisa Mueller, the intended presenter having another engagement that day.
The conservation group then moved into consideration of the property and matters surrounding it related to conservation.
Sharing reasons why Friends of Grey Cloud thought the property should be conserved, Mueller shared both historical and present maps of original state vegetation.
Although developed as a golf course in the early to mid-1990s, parts of the Dunes were said to have “global significance” in terms of their biodiversity. Mueller, who has a Bachelor of Science degree in wildlife biology and masters of science degrees in environmental science and ecology, then shared some general reasons why she thought the site was worth preserving. Among the key takeaways were:
• Rarity and irreplaceability of the land
• Incompatibility of housing and sand dunes
• Need for more community open spaces
• Need to protect areas that allow for ecological processes across the landscape, and
• Community opposition to the development, with Mueller denoting the 12-acre SNA addition and 19.91-acre riverfront park as inadequate for conservation purposes.
Following Mueller’s presentation, certified wildlife biologist Christopher Smith shared information on the different species present in the area, touching on his comment in the Environmental Assessment Worksheet (EAW) for the Dunes housing project and city response.
“You really haven’t done your due diligence,” Smith wrote the city at the time, with the city’s response that they were working with the Minnesota DNR showing to him that they didn’t understand their obligations under federal law, as the DNR was non-regulatory on the matter at hand. This non-understanding was something the city wasn’t alone in among municipalities, he said.
Asked to comment on Smith’s comment that the city didn’t understand its obligations, City Administrator Jennifer Levitt shared that, “The city followed all of its obligations and requirements under the law.”
Important to Smith’s presentation was the Federal Endangered Species Act (ESA) and section 9 thereof, in which it was stated that no person may “take” species, with definitions for “harm” and “stressors” factoring into the discussion. Among the species potentially impacted were the northern long eared bat, protected birds under the Migratory Bird Treaty Act, and Bald Eagles under the Bald and Golden Eagles Protection Act.
Along with no disturbance on grasslands for state endangered bird species from April 1 to Aug. 15, were penalties for “take” under the federal ESA, with harm referring to an action which actually kills or injured wildlife, including habitat modification or degradation that impaired essential behavior patterns, such as “breeding, feeding, of sheltering,” defined as such in Section 17.3 of Chapter 50 in the Code of Federal Regulations (CFR) , which gives definitions for each.
Additionally, while a DNR Endangered Species Review had been completed in November 2021, this was only valid for one year, with several sites of biodiversity significance and that “impacts to undisturbed areas need to be avoided.” The review from 2021 also said a mussel review might be in order, for endangered mussel species.
Homed in by Smith during the presentation however was the Rusty-Patched Bumblebee, listed as federally endangered in 2017. A habitat generalist, the Rusty-Patched Bumblebee was said to have two sightings on the edge of the Grey Cloud Dunes SNA, with lands falling under federal ESA authority extending along the north bank of Grey Cloud Slough and down onto the island.
Also touched on by Smith meanwhile were ways for a forward-thinking city to make money besides property taxes, including carbon banking, endangered species banking, and wetlands banking. With Cottage Grove the Responsible Government Unit (RGU) for the project, Smith said the site had “global” significance for its impact.
Following Smith, Cottage Grove resident Carla Inderrieden (employed by a state agency but speaking at the event solely as a city resident) shared some background on the matter. Among them were talks to see if the former clubhouse might become a schoolhouse, subsequent clubhouse fire, and issues between property owners and surveyors in August 2021 on adjacent properties to the Dunes, bringing their concerns first to the council. In time, the group Friends of Grey Cloud was formed, made up of Cottage Grove and other area residents.
Going further back, meanwhile, the planning of a regional park on Grey Cloud Island in 1994 sought to buy out land over 40 years from willing sellers, but saw opposition as the county proposal was not well received initially. Bulletin newspaper articles from the time indicate that divergence on matters like park upkeep and disagreements among various municipal partners attended the project. Among the arguments against a park at that time was the “underutilized” Ravine Park, begun in 1992. A later plan redo for the area saw development of the current Ravine Regional Park.
Friends of Grey Cloud, still small, has requests that can be summarized as Time, Talent, and Treasure.
As for Time, the group is in need of community volunteers.
As for Talent, the group seeks pro bono legal help, as they lack the funds for a retainer or other fee on this front.
As for Treasure, the group welcomes donations to be used towards filing paperwork for formal non-profit status, as well as pursuing possible legal action.
The group has a Facebook presence at “Friends of Grey Cloud” as well as a website, www.friendsofgreycloud.org.
Inderrieden predicted the group would last beyond the Dunes controversy, Grey Cloud Island and area affecting the watershed downriver as well.
Closing out the day, Hansen shared how $6 million had been set aside for Grey Cloud Dunes SNA at the state level.
“We respond to people showing up,” Hansen said of state government. “Because most people don’t show up anymore. The world belongs to those who show up.”