August 20, 2004

Department of Environmental Quality Director Steven E. Chester has ordered additional evidence be taken in a contested case involving a proposal to install a discharge pipe through a critical dune in Muskegon County. The discharge is part of a proposed residential development in the City of Norton Shores.

The developer, Dune Harbor Estates, LLC, applied for a permit to lower the level of an inland lake by pumping water through the pipe and into Lake Michigan. After the application was initially denied, Dune Harbor sought a contested case hearing.

Director Chester found the issue of feasible and prudent alternative locations and methods for the project was not adequately addressed during the six days of hearing in 2003, and required additional discussion. In remanding the case to the Office of Administrative Hearings on August 20, 2004, Director Chester ordered the involved parties to present evidence concerning alternatives, including sending the proposed discharge to a municipal wastewater treatment plant. It is expected the hearing will resume in the fall, and the final decision issued by the end of the year.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Revised August 20, 2004 by Pat Watson