February 8, 2007

The Department of Environmental Quality announced today that Judge John Kowalski of the 26th Judicial Circuit Court in Montmorency County has entered a default judgment in favor of the DEQ to conclude a lawsuit filed against Birch Falls Development, LLC alleging violations of various state environmental laws.

Birch Falls owns a 500-acre parcel of property in Montmorency County. Since June 2004, Birch Falls has been developing the property into a golf and residential development also known as Birch Falls.

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

The default judgment was entered due to Birch Falls' failure to defend their case in the DEQ's lawsuit. The default judgment requires Birch Falls to implement corrective measures at the construction site to ensure that discharges to Edwards Creek and wetlands cease and also provides for restoration activity to remove large sediment deposits. A civil fine of $65,000 was awarded along with $17,270 in attorney fees and costs expended by the Department of Attorney General in pursuing the lawsuit on the DEQ's behalf.

"Improper construction practices can cause serious damage to our rivers and wetlands," said DEQ Director Steven E. Chester. "The DEQ works to ensure that developers and others in the construction industry play their part in protecting Michigan's environment and natural resources."

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 February 9, 2007 by Pat Watson