September 21, 2006

The Department of Environmental Quality, through representation by Assistant Macomb County Prosecutors Mark Richardson and Andrea Jacklyn, entered into a consent judgment with Village Builders Company Inc. and its president, Mr. Michele Peter Mattera. The consent judgement resolves a pending criminal case concerning unauthorized activities that had occurred within approximately 12 acres of state regulated wetlands on property in Harrison Township, Macomb County, located east of Jefferson Avenue and south of Emerick Street.

Starting in 2001, DEQ staff worked cooperatively with other local, state, and federal agencies in investigating and developing this case which was referred to the Macomb County Prosecutors Office in 2003. Criminal warrants were filed charging Village Builders and Mr. Mattera each with three misdemeanor counts of violating Michigan’s wetland protection laws through unpermitted dredging, and filling and draining forested wetlands adjacent to Lake St. Clair.

“Michigan’s wetlands are a fragile resource that we must protect,” said DEQ Director Steven E. Chester. “This case clearly shows how local, state, and federal agencies can work together to keep Michigan’s environment healthy.”

The consent judgment entered with the Macomb County District Court requires Mr. Mattera to plea no-contest to one count of violating Michigan’s wetlands laws, and to preserve, create, and restore approximately 20 acres of wetland habitat in Macomb County.

To ensure the success of the wetland restoration and creation, Village Builders will be required to monitor wetland development for a period of 5 -10 years following construction and correct any problems that may arise during wetland development. Village Builders will also be required to place a conservation easement over all created, restored, and preserved wetland areas. Mr. Mattera will be allowed to apply for an after-the-fact permit for the development taking place on 3.1 acres.

The judgment also requires Village Builders to provide a payment of $20,000 to the Macomb County Environmental Fund to be used for environmental projects, and in addition, Mr. Mattera was assessed a $2,500 court fine and was placed on probation for 1 year by the court.

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 September 21, 2006 by Linda Crawford for Pat Watson