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E-M:/ Dune case at MDEQ

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

August 20, 2004

Contact:  Robert McCann
  (517) 241-7397

Interim Decision Reached in Dune Harbor Case

Department of Environmental Quality Director Steven E. Chester has
ordered additional evidence be taken in a contested case involving a
proposal to install a discharge pipe through a critical dune in Muskegon
County.  The discharge is part of a proposed residential development in
the City of Norton Shores.

The developer, Dune Harbor Estates, LLC, applied for a permit to lower
the level of an inland lake by pumping water through the pipe and into
Lake Michigan.  After the application was initially denied, Dune Harbor
sought a contested case hearing.
Director Chester found the issue of feasible and prudent alternative
locations and methods for the project was not adequately addressed
during the six days of hearing in 2003, and required additional
discussion.  In remanding the case to the Office of Administrative
Hearings on August 20, 2004, Director Chester ordered the involved
parties to present evidence concerning alternatives, including sending
the proposed discharge to a municipal wastewater treatment plant.  It is
expected the hearing will resume in the fall, and the final decision
issued by the end of the year.


Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com

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