November 15, 2006

The Department of Environmental Quality and Department of Attorney General announced today that they have settled litigation with MARD Enterprises, Corp. that resolves alleged violations of Michigan's environmental protection laws. The lawsuit was filed in February, 2006, and cited numerous water quality and wetland protection violations at the company's Sherman Hills condominium construction site located along the Black River, upstream of South Haven.

"Careless construction practices can pose a significant threat to the quality of our waters," said DEQ Director Steven E. Chester. "The Black River provides Michigan's residents with numerous recreational opportunities, and we must ensure that it remains protected."

The DEQ alleged that MARD's failure to implement adequate soil erosion controls at the Sherman Hills site led to repeated discharges of sediment to the Black River and the filling of associated wetlands and floodplains. Discharges of sediment are a significant environmental concern due to habitat destruction and nutrient enrichment and can lead to significant reductions in water quality. Uncontrolled discharges of sediment to streams such as the Black River diminish recreational boating opportunities and often lead to costly dredging projects such as one conducted by the Army Corps of Engineers at South Haven Harbor in 2002. In addition, the erosion of soils from the Sherman Hills site into regulated wetland and floodplain areas impaired the wetlands' and floodplain's ability to filter and store runoff, provide vital habitat for wildlife, and has altered natural flood patterns.

In reaction to today's settlement, Attorney General Mike Cox stated, "It is unfortunate that filing a lawsuit was necessary to force MARD to agree to bring their development back into compliance with the law. This should send a message that violators will be held responsible for damage to the State's wetlands and other waters, and a price will be paid for trying to avoid that responsibility."

In resolution of the lawsuit, MARD has agreed to submit and implement work plans to stabilize barren areas of the construction site and partially restore impacted wetland and floodplain areas to functioning systems. MARD will apply for an After-the-Fact permit for previously unpermitted and allowable wetland and floodplain activities and will construct additional new wetlands as mitigation for acceptable wetland impacts. MARD has agreed to pay a civil fine in the amount of $70,000 and will partially-reimburse the DEQ for $5,000 in litigation costs.

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 November 15, 2006 by Pat Watson