January 26, 2006

The Department of Environmental Quality and the Department of Attorney General announced today that the 53rd Circuit Court of Cheboygan County has found Dr. Robert Cyman, of Cyman Properties, LTD, liable in violating the state’s wetland protection laws by placing a 225 foot-long culvert in an unnamed tributary to the Black River and up to 20 feet of fill on top of the culvert and within streamside wetlands.

“This ruling affirms the importance of Michigan’s wetlands laws,” said DEQ Director Steven E. Chester. “Unauthorized activities like this can have devastating impacts on the ecology of our state.”

Judge Scott L. Pavlich re-affirmed his January 24, 2005 judgment where he found Dr. Cyman guilty, and ruled that the DEQ had statutory authority to require restoration of the degraded stream and wetland. The judgment requires Cyman properties to remove the culvert and fill and restore wetlands and restore the stream’s channel and banks. In addition, a mandatory $2,500 fine was imposed. If the required restoration activities do not occur in a timely and diligent fashion, the court may assess additional civil fines.

"I am pleased with the result in this case, particularly that the wetlands and stream at issue will be restored," Attorney General Mike Cox said. "Michigan's water resources are our greatest treasure. We need to be vigilant in protecting them."

The unauthorized activities impacted downstream areas, where up to three feet of sediment was observed to have been deposited. Early in 2003, Cyman Properties filed suit against the DEQ after the department noticed him of the statutory violations and required him to restore the stream and adjacent wetlands. The Attorney General filed a counter complaint shortly thereafter on behalf of the DEQ.

Across the state, Michigan’s lakes, streams, and wetlands provide numerous ecological functions and serve as the base for an annual $2 billion hunting, fishing, and wildlife watching industry. Enforcement of Michigan’s environmental laws is essential to ensuring the long term health of Michigan’s lake, stream, and wetland resources. The successful prosecution of this case was a collaborative effort between the DEQ, the Department of Attorney General, the Department of Natural Resources, and Cheboygan County.

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 26, 2006 by Pat Watson