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E-M:/ Fw: DEQ Decision on Four Applications for Permits by Paw paw Lake Golf Course



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Enviro-Mich message from "Delavan Sipes" <delavan@cybersol.com>
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 From: Delavan Sipes <delavan@cybersol.com>
 Subject: DEQ Decision on Four Applications for Permits submitted by Paw
Paw Lake Golf Course
 Date: Friday, April 17, 1998 5:10 PM
 
By golly, there is an environmental god.  You can gather from the following
excerpts from the DEQ ruling on four applications for permits what it was
all about.  We gathered 325-350 people to the DEQ hearing and the riparian
owners sent scores of letters to Gov. Engler, Senator Gast, Rep.
Brackenridge, Kim Rice, Carrie Hardigan and others.  Our job is not over,
but our worst fears have been subdued.  Thought all you environmental types
might appreciate a battle won.  Not the war, mind you--just a battle.
 
 Excerpts from the 11 page DEQ decision.
 
 Permit 97-12-0492:  To fill a wetland area in order to widen a road. 
 Approved.
 
 Permit 97-12-491, 493, & 494:  The proposed marina projects will have a
 significant adverse impact on the natural resources and public
 trust/interest associated with Paw Paw lake and the adjacent wetland.
 
 .. . . proposed dredging would eliminate the filtration of benefits of a
 significant part of the wetland.
 
 Construction of the marina near the existing gazebo adjacent to your
upland
 shoreline appears to be a feasible and prudent alternative to the proposed
 wetland dredging.
 
 .. . . applicant has not shown that the activity is dependent  is
dependent
 upon being located in the wetland nor that a feasible and prudent
 alternative does not exist.
 
 The Department finds that the proposed facilities would unreasonably
affect
 the public trust and riparian interests of other property owners on Paw
Paw
 Lake.
 
 The proposed addition of up to 90 watercraft . . . will aggravate existing
 recognized congestion on the lake.
 
 .. . . operation of the proposed marinas would not conform to similar
 permitted new facilities on similar watercourses
 
 .. . . township: your properties are zoned R1-B Single Family Residential.

 According to your agent, the gazebo parcel is a legal non-conforming une. 
 It is unclear whether the proposed projects are in compliance with local
 zoning.
 
 .. . .adverse effects to the environment and the public trust are not
 minimal nor are they mitigated to the extent possible.
 
 .. . .addition of up to 90 watercraft to Paw Paw Lake from your property
is
 an unreasonable use of your riparian interest in the lake.
 
 The public interest in the proposed development is not greater than the
 public interest in the unavoidable degradation of the resource.
 
 The Department finds that the proposed project will cause pollution,
 impairment, or destruction to the State's natural resources, and there is
a
 feasible and prudent alternative.
 
 .. . .a permit cannot b granted to dredge a wetland and construct
boardwalks
 in the wetland to construct a marina, and to construct docks for a marina,
 and your applications is hereby denied.  The Department would give
 consideration to construction of docks adjacent to the upland shoreline of
 your property to provide 42 boat slips.  The proposed water intake pipe
 could also be permitted under a dock once a dock configuration is
approved.
 
 We must also remind you that in 1995 you were notified that the dock which
 you placed at the gazebo for the use of gazebo patrons is considered a
 marina and currently does not have a marina operating permit.
 .. . .should not be placed in the lake until such time as the proper
permits
 are received.
 
 Delavan
 
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