05-31-2007, 07:08 AM
[url "http://www.spinalcolumnonline.com/1editorialtablebody.lasso?-token.searchtype=authorroutine&-token.lpsearchstring=Josh%20Jackett&-nothing"]Josh Jackett[/url] ![[Image: z.gif]](http://www.spinalcolumnonline.com/images/z.gif)
May 30, 2007 - A developer seeking to provide access to Sugden Lake in White Lake Township for residents not living immediately on the lakeshore is one step away from receiving a permit to build a boat ramp at the lake.
According to Michigan Department Of Environmental Quality (DEQ) Environmental Quality Analyst Melanie Foose, the DEQ issued a draft permit to Willow Estates Development Co. on Thursday, May 10, giving the public have less than 30 days to submit comments to the DEQ.
"We can't issue the final permit until the comment period is up," she said. "After we issue the final permit, third parties will have 60 days from the date we issue that to apply for a contested case hearing."
Foose said the draft permit was prepared on Wednesday, May 2, sent to Willow Estates for a counter-signature signifying an agreement with the DEQ's demands on the launch on Thursday, May 10, and the 30-day public comment window opened Monday, May 14 after being posted on DEQ's calendar.
According to Foose, the DEQ's calendar is available through its web site, at [url "http://www.michigan.gov/deq"]www.michigan.gov/deq[/url]. The 30-day public comment window is projected to expire Wednesday, June 13.
Under the draft permit, Willow Estates would be allowed to build a boat ramp no larger than a maximum of 12-feet-wide and 60-feet-long, and no dredging or other fill would be allowed at the site.
According to the plans for the boat ramp — which would be built just south of where the DEQ has issued a permit for construction of a dock — it would extend 40 feet from the shore, with the other 20 feet extending inland over the shore area.
Included in the boat ramp construction application was a request to install 4.26 cubic yards of concrete as a foundation for the launch.
Conditions on the boat launch permit also were included to protect neighboring riparian interest areas.
Willow Estates originally applied for the boat ramp permit last November. The DEQ denied the permit request on Feb. 28 because the bottomland of the lake where the ramp would be placed was believed to be owned by the previous owner of the inland property that had been sold to Willow Estates.
The previous owner Barry Stulberg, manager of Stulberg Willow, issued a written update on April 24 to Sugden Lake residents, in which he stated his intent to quit claim, or release the bottomland property to Willow Estates.
The developer had appealed the DEQ denial of the boat launch permit, claiming that Stulberg didn't own the bottomland property.
Stulberg had said when he sold the plats to the developer, he negotiated restrictions into the deed with White Lake Township that could prevent boats from accessing the lake at the site, and that unless the township wanted him to allow use of boats at the site, he wouldn't permit it.
In his letter to Sugden Lake residents, Stulberg said that Willow Estates' lawyer, who demanded the township revoke Stulberg's tax parcel number for the bottomland, claimed that the Michigan Supreme Court has set a precedent by ruling several times in the past that when lakefront property is sold, the bottomland in front of it automatically transfers ownership along with it.
Stulberg, who said he would quit claim the land to avoid litigation against him and the township, said White Lake's attorney told him the court cases stacked the weight of the authority against him.
In May 2006, the DEQ approved a permit for the construction of a dock no longer than 76-feet-long by 4-feet-wide, with three 22-feet-long by 3-feet-wide finger piers off each side for 11 boat slips; each slip would be 22-feet-long and 10-feet-wide. Construction permit conditions were also designed to protect neighboring riparian interest areas.
DEQ staff reports a marina operating permit for use of the piers is still pending.
Residents of Sugden Lake have been critical of the plans to build the dock and boat ramp, and have spoken out against the projects during public hearings, including one on Dec. 18 addressing the boat ramp.
According to Matt Grisius, a homeowner at the lake and part of efforts to form Friends of Sugden Lake, that group — a proposed 501©3 non-profit organization — as well as a Sugden Lake Improvement Board will push to keep Willow Estates from using property it owns as an outlet that will allow residents who live off the lake to have access to it.
The proposed groups are also intended to address health and safety issues at the lake, according to Grisius. Friends of Sugden Lake, he said, could also collect money that would be put toward a legal defense fund to fuel litigation against Willow Estates.
Foose said anyone wishing to comment on the boat ramp draft permit can contact her at the DEQ's southeast Michigan district office, at 27700 Donald Court, Warren, Mich. 48092; via phone at 586-753-3700; or via e-mail at [url "mailto:foosem@michigan.gov"]foosem@michigan.gov.[/url]
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May 30, 2007 - A developer seeking to provide access to Sugden Lake in White Lake Township for residents not living immediately on the lakeshore is one step away from receiving a permit to build a boat ramp at the lake.According to Michigan Department Of Environmental Quality (DEQ) Environmental Quality Analyst Melanie Foose, the DEQ issued a draft permit to Willow Estates Development Co. on Thursday, May 10, giving the public have less than 30 days to submit comments to the DEQ.
"We can't issue the final permit until the comment period is up," she said. "After we issue the final permit, third parties will have 60 days from the date we issue that to apply for a contested case hearing."
Foose said the draft permit was prepared on Wednesday, May 2, sent to Willow Estates for a counter-signature signifying an agreement with the DEQ's demands on the launch on Thursday, May 10, and the 30-day public comment window opened Monday, May 14 after being posted on DEQ's calendar.
According to Foose, the DEQ's calendar is available through its web site, at [url "http://www.michigan.gov/deq"]www.michigan.gov/deq[/url]. The 30-day public comment window is projected to expire Wednesday, June 13.
Under the draft permit, Willow Estates would be allowed to build a boat ramp no larger than a maximum of 12-feet-wide and 60-feet-long, and no dredging or other fill would be allowed at the site.
According to the plans for the boat ramp — which would be built just south of where the DEQ has issued a permit for construction of a dock — it would extend 40 feet from the shore, with the other 20 feet extending inland over the shore area.
Included in the boat ramp construction application was a request to install 4.26 cubic yards of concrete as a foundation for the launch.
Conditions on the boat launch permit also were included to protect neighboring riparian interest areas.
Willow Estates originally applied for the boat ramp permit last November. The DEQ denied the permit request on Feb. 28 because the bottomland of the lake where the ramp would be placed was believed to be owned by the previous owner of the inland property that had been sold to Willow Estates.
The previous owner Barry Stulberg, manager of Stulberg Willow, issued a written update on April 24 to Sugden Lake residents, in which he stated his intent to quit claim, or release the bottomland property to Willow Estates.
The developer had appealed the DEQ denial of the boat launch permit, claiming that Stulberg didn't own the bottomland property.
Stulberg had said when he sold the plats to the developer, he negotiated restrictions into the deed with White Lake Township that could prevent boats from accessing the lake at the site, and that unless the township wanted him to allow use of boats at the site, he wouldn't permit it.
In his letter to Sugden Lake residents, Stulberg said that Willow Estates' lawyer, who demanded the township revoke Stulberg's tax parcel number for the bottomland, claimed that the Michigan Supreme Court has set a precedent by ruling several times in the past that when lakefront property is sold, the bottomland in front of it automatically transfers ownership along with it.
Stulberg, who said he would quit claim the land to avoid litigation against him and the township, said White Lake's attorney told him the court cases stacked the weight of the authority against him.
In May 2006, the DEQ approved a permit for the construction of a dock no longer than 76-feet-long by 4-feet-wide, with three 22-feet-long by 3-feet-wide finger piers off each side for 11 boat slips; each slip would be 22-feet-long and 10-feet-wide. Construction permit conditions were also designed to protect neighboring riparian interest areas.
DEQ staff reports a marina operating permit for use of the piers is still pending.
Residents of Sugden Lake have been critical of the plans to build the dock and boat ramp, and have spoken out against the projects during public hearings, including one on Dec. 18 addressing the boat ramp.
According to Matt Grisius, a homeowner at the lake and part of efforts to form Friends of Sugden Lake, that group — a proposed 501©3 non-profit organization — as well as a Sugden Lake Improvement Board will push to keep Willow Estates from using property it owns as an outlet that will allow residents who live off the lake to have access to it.
The proposed groups are also intended to address health and safety issues at the lake, according to Grisius. Friends of Sugden Lake, he said, could also collect money that would be put toward a legal defense fund to fuel litigation against Willow Estates.
Foose said anyone wishing to comment on the boat ramp draft permit can contact her at the DEQ's southeast Michigan district office, at 27700 Donald Court, Warren, Mich. 48092; via phone at 586-753-3700; or via e-mail at [url "mailto:foosem@michigan.gov"]foosem@michigan.gov.[/url]
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