Traverse City Record-Eagle

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February 14, 2012

Advocates: Void permit to fill wetlands

The wetland law could be violated, says NMEAC board

TRAVERSE CITY — Environmental advocates want a local judge to void a state permit to allow infill of wetlands near Interlochen.

Attorneys for the Northern Michigan Environmental Action Council recently filed a petition for review in 13th Circuit Court. The group wants Circuit Judge Thomas G. Power to overrule a Michigan Department of Environmental Quality permit that would allow a Missouri man to develop property on Green Lake's north end.

NMEAC contends the DEQ ignored state wetlands laws when it granted the permit in early 2010.

"The wetland law was put in place to protect these kind of wetland complexes in the first place," said Greg Reisig, NMEAC board chairman. "In this case, the DEQ did not enforce the law, and the law is being violated if they are allowed to go ahead."

Laurent Torno, of St. Louis, owns about 20 acres off Diamond Park Road. He wants to modernize an old road and develop as many as four homes on separate parcels. The DEQ permit allows him to dredge and fill roughly one-quarter acre of existing wetlands.

Torno's attorney Gary Ford said a judge's review shouldn't be required. Ford said state officials held a well-attended public hearing, and the case went through further administrative hearings after opponents continued to contest the permit.

"Mr. Torno believes he received a valid permit," Ford said. "The DEQ went through a long, painstaking process in reviewing this thing."

The law firm Olson, Bzdok & Howard represents NMEAC, Interlochen Center for the Arts and others who oppose the development. The firm's attorney Ross Hammersley believes Torno and associates improperly narrowed the project's scope in an effort to get state approval.

Hammersley said the permit only addresses the road, not homesites the road will service. The permit application initially included the homesites, but they were dropped before the permit was approved, he said.

"He wouldn't build a road if there wasn't a purpose outside of the road," Hammersley said.

Home construction would occur on non-wetland property, Ford said. DEQ staffers are aware of the planned homes and requested proof the sites wouldn't impact wetlands, he said.

"The permit was issued with full awareness of all issues that could arise from this project," he said.

Torno isn't sure why there's been so much fuss, considering the size of wetlands to be filled.

"I frankly, from day one, have been at a loss for why these people are going after us," Torno said.

Hammersley said the home construction could segment wildlife habitat and cause other problems.

"The impacts on wildlife are going to be greater than just the quarter acre that's going to be filled," he said.

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