January 20, 2006

The Department of Environmental Quality has finalized a settlement agreement with Waterfall Shoppes, LLC, and Visser Brothers, Inc., for sediment discharges to the waters of the state occurring at the Waterfall Shoppes development site located in Cascade Township, Kent County.

As part of the settlement, Waterfall Shoppes and Visser Brothers agreed to pay a $95,000 civil fine to the State of Michigan, in addition to partial reimbursement for the costs of investigation and enforcement.

“Construction projects keep Michigan moving forward, but we must make sure they are not putting our environment at risk at the same time,” said DEQ Director Steven E. Chester. “The DEQ is committed to working with developers to ensure they are properly implementing and maintaining soil erosion and sedimentation control measures.”

Waterfall Shoppes is a development company and landowner of the property involved where Visser Brothers was hired as the general contracting firm in charge of construction at the site. The violations occurred from July 2004 through June 2005 when sediment accumulated downstream from the construction site and was deposited as a result of construction activities conducted by Visser Brothers. Sediment accumulation measuring 12 inches in depth flushed into the Patterson Drain which feeds into Plaster Creek and ultimately empties into the Grand River. Visser Brothers has removed the sediment and stabilized the site.

Sediment deposits can destroy stream-bottom habitats for insects and other creatures, adversely affecting food supplies for fish and wildlife higher up the food chain. Sediment also interferes with wetland functions and may contribute to flooding in some areas.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised January 20, 2006 by Pat Watson