TALCOTT ASSOCIATES MARINA PERMIT GRANTED BY DEQ
On June 22, 2009, the Michigan Department of Environmental Quality issued a Marina Operating Permit to Talcott Associates, approving the marina configuration shown in the drawing available at the end of this article. The Walloon Lake Association and the owners of the Walloon Village General Store are working with Talcott Associates to resolve the remaining issue of the perpetual easements that serve the Walloon Village General Store and the general public. To date, there is no decision as to whether or not the Contested Hearing associated with this MOP will continue.
HISTORY:
Talcott Associates' original Marina Permit Application was filed with the MDEQ in July, 2007. The MDEQ held a Public Hearing for the purpose of receiving public comment on this proposal on November 7, 2007, at the Melrose Township Hall. Subsequent to the Public Hearing, Talcott Associates submitted revised plans to the MDEQ on January 24, 2008 and March 26, 2008. The most recent plan proposed to construct one permanent main pier 286' in total length, with 17 finger piers, 4' wide by 24' long, to create 29 slips. The most recent plan also proposed to construct one wave attenuator 8' wide by 120' long, construct 5 seasonal docks 4' wide by 60' - 100' in length, expand the existing gas dock to include 10 slips and approximately 130' of broadside dockage, and construct a 1,086 square foot platform lakeward of the legal lake level. This plan would provide a total of 38 slips and 713 linear feet of broadside dockage including the wave attenuator.
The MDEQ letter stated, "Walloon Lake is a navigable waterbody, impressed with the public trust. After due consideration of the permit application, site conditions, public hearing, public comments, and other pertinent material, the Land and Water Management Division finds that the proposed project will have significant adverse impacts on the public trust associated with Walloon Lake."
The MDEQ also found that, "A feasible and prudent alternative is available," suggesting that Talcott Associates consider developing a marina configuration which minimizes the encroachment to the public trust, possibly to include a marina design that would extend in front of the condominiums.
On April 8, 2008, the Michigan Department of Environmental Qualtiy (MDEQ) wrote a letter to Talcott Associates, LLC, informing them their Marina Permit Application (File Number 07-15-0039-P) was denied.
Talcott Associates has since been given approval for a Marina Operating Permit (File Number 79-15-0385-M), good until December 31, 2010. The plans associated with this approval include 200 lineal feet of broadside dockage along the south side of the main pier and along the sea wall south of the main pier.
As a result of the DEQ's denial of Talcott Associates' Marina Permit Application (File Number 07-15-0039-P), Talcott Associates filed a petition for a contested case on May 5, 2008, with the State Office of Administrative Hearings and Rules (SOAHR).
In response to questions from the Walloon Lake Association, Roxanne Merrick, DEQ, provided the following information about the contested case process:
A contested case hearing is not immediately scheduled. Prior to scheduling a hearing the petitioner may submit a revised plan to the DEQ for review. If the DEQ finds the plan is permittable, they may issue a permit and avoid a hearing. There is a DEQ policy which is applicable to the subject file; if the DEQ finds a revised plan is permittable, they will post a Proposed Settlement on the DEQ's calendar for 30 days. This Proposed Settlement looks and acts like a public notice, however there is no opportunity for a public hearing.
If both sides cannot agree on revised plans, the DEQ may schedule a hearing. The contested case hearing is denovo. The DEQ would describe how they processed the application; how they reviewed the application (this would include public comment review); culminating with the denial. The petitioner would testify and demonstrate why they are entitled to a permit of a specific plan.
The time lines associated with contested cases are mostly limited to Status Updates. This is paperwork filed by the petitioner which updates the SOAHR on the status of negotiation. Status reports may state "we continue to work with the DEQ and request an extension of time" or "we've come to a loggerhead, schedule a hearing." The period of time between filing for a contested case hearing and attending a hearing is indeterminate and potentially infinite.
Once a hearing is scheduled the Administrative Law Judge (ALJ) writes a proposal for decision; which is then reviewed by the Director of the DEQ. The ALJ may agree with or overturn the DEQ's decision (in this case a denial); the Director may agree with or overturn the ALJ's decision. The Director of the DEQ is the final decision maker in the contested case process. The process (hearing, proposal for decision, final decision) may take 8 - 12 months.
In an effort to keep informed of the status of this case, on Thursday, May 26, 2008, the Walloon Lake Association Board of Directors and the Walloon Lake Trust and Conservancy Board of Trustees made the decision to file for intervention in this case.
On September 4, 2008, the Walloon Lake Association's Motion To Intervene was granted by Administrative Law Judge Richard G. Lacasse.
DEQ PROPOSES TO SETTLE CONTESTED CASE AND ISSUE A MARINA PERMIT TO TALCOTT ASSOCIATES
On April 13, 2009, the DEQ posted a notice on their calendar, stating their proposal to settle this Contested Case. The drawing below (see Marina Map 3-19-09 at the bottom of this page) depicts the layout of the marina referred to in the DEQ's proposal to settle.