May 16, 2006

The Department of Environmental Quality and Department of Attorney General announced today that a civil lawsuit has been filed in the 26th Judicial Circuit Court naming Birch Falls Development, LLC as a defendant and alleging violations of various state environmental laws.

Birch Falls owns a 500-acre parcel of property in Atlanta, in Montmorency County. Since June 2004, Birch Falls has been developing the property into a golf and residential development also known as Birch Falls. Edwards Creek, a tributary of the Thunder Bay River, traverses the property and a 243-acre parcel to the north that is slated for future development. The property also encompasses several regulated wetlands.

The DEQ has documented continual discharges of sediment from the Birch Falls site to Edwards Creek and regulated wetlands. These discharges are the direct result of Birch Falls’ failure to effectively install and implement soil erosion and sedimentation control measures.

“DEQ staff made numerous attempts to work with Birch Falls to remedy the problems at the site, but they have simply failed to take the actions necessary to protect the waters of our state,” said DEQ Director Steven E. Chester.

Work at the site has essentially ceased; however, the conditions that are creating severe erosion have continued to worsen. Sedimentation has long been recognized nationwide as a major source of stream impairment. Sediment, as a pollutant, is responsible for widespread habitat destruction and nutrient enrichment and can lead to significant reductions in water quality.

"Contaminating our state waters is unacceptable. We cannot sacrifice the waters of our state for the sake of unbridled development. Developers who ignore our laws protecting streams and wetlands do so at their peril," Michigan Attorney General Mike Cox said.

In addition, the erosion of soils from the Birch Falls site into regulated wetlands constitutes an unlawful fill of those wetlands and impairs the wetlands’ ability to filter runoff and provide vital habitat for wildlife.

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 May 16, 2006 by Pat Watson