Updates on Recent Coastal Alliance News and Successes
Clarification on USACE Determination on Historic Properties Review and Other Updates
As we announced in our November 20 communication, as part of the Section 106 Historic Properties Review, the U.S. Army Corps of Engineers (USACE) determined that the proposed marina:
"would cause an adverse effect on the Kalamazoo River Mouth TCP [Traditional Cultural Property] due to its direct physical effects on the landscape; visual and auditory characteristics of the river mouth (i.e., the place where river, lake, and forest meet); the feeling and character of the river mouth area; Potawatomi cultural and spiritual beliefs and practices associated with use of the river mouth; and potential impacts on lake sturgeon, water quality, and the ecological characteristics of the area."
This is encouraging news … but, sadly, it does not mean that USACE has denied NorthShore of Saugatuck’s Section 106 Historic Properties permit application.
USACE is still in the process of reviewing that application and is sharing its determination with the State Historic Preservation Office (SHPO) for their comments. If the SHPO concurs, then the Consulting Parties meet to discuss ways to avoid, minimize, or mitigate the impacts. Consulting Parties include: the four regional Potawatomi Tribes, the National Trust for Historic Preservation, the State Historic Preservation Office, Saugatuck Township, the Bily Family which owns a home immediately adjacent to the proposed project, NorthShore of Saugatuck, and the Coastal Alliance.
The Section 106 Historic Properties Review is one of three permits under review by USACE. The others are National Environmental Protection Act (NEPA) review and the Public Interest Factors Review. As communicated earlier, in October, the City of Saugatuck unanimously passed and submitted a 65-point Resolution to USACE in the Public Interest Factors Review. The Resolution declared that the proposed marina is “Contrary to the Public Interest” and “Contrary to the well-established Public and Private Uses to Which the Area is Suited.”
Updates on Douglas and Saugatuck Township
We continue to encourage the Council members in the City of the Village of Douglas to pass a resolution stating that the proposed sand dune mine, excavation, and removal of 250,000 tons of sand within Michigan’s Critical Dune Boundary at the Kalamazoo River Mouth is Contrary to the Public Interest as detailed in the Tri-Community Master Plan – and to submit the resolution to the U.S. Army Corps of Engineers (USACE) as part of its permit reviews.
On November 28, Board Chair Bobbie Gaunt attended the Saugatuck Township Planning Commission meeting to make a public comment and submit a letter as a formal request the Commission hold a public hearing to terminate the 2017 Special Approval Use (SAU) permit granted to NorthShore of Saugatuck on April 26, 2017, and require the developer to reapply should they desire to pursue the construction of their proposed marina.
The letter notes:
“Condition Eight from the April 2017 resolution states: “The project, including the marina, shall be constructed in a single phase beginning no later than March 15, 2018.” As you know, work has not yet begun.
“The consequences of delays are addressed in Article VI, Section 40-693, Part C of the Township Code of Ordinances: “Any Use failing to comply with such conditions and limitations may be terminated by action of the Planning Commission after a hearing upon application of any aggrieved party, including the Zoning Administrator.”
“A decision requiring the developer to reapply would be consistent with what is occurring with the permit granted to the applicant in 2018 by the Michigan Department of Environment, Great Lakes, and Energy (EGLE). The state permit expires in January because work has not yet begun due to the multiple changes the developer has made to their construction plans over the past five years.”
We will continue to follow up with both Douglas and the Township.
With Michigan Supreme Court Clarification, We’re Back in Allegan County Circuit Court
On November 10, Coastal Alliance attorneys submitted our brief and supporting evidence in our case before the Allegan County Circuit Court. The first step is to be granted standing to appeal the Saugatuck Township Planning Commission 2017 approval of a Special Approval Use (SAU) for NorthShore of Saugatuck’s proposed marina following this summer’s clarification from the Michigan Supreme Court on the criteria required for standing. Once we are granted standing – we are hopeful we will have a ruling in January – we will argue the merits of the case before the Circuit Court.
Holland Board of Public Works (BPW) and the sale of 24 acres adjacent to Saugatuck Dunes State Park
On November 8, Holland Township residents approved an initiative allowing the Holland BPW to sell 24 acres adjacent to Saugatuck Dunes State Park. The Coastal Alliance supports the public acquisition of property adjacent to the State Park for the purposes of preservation. This would be highest and best use – and a real benefit to the region.
Thank you for your on-going engagement and support! Together, we’ve accomplished a lot this year – and we look forward to continued success in the months and year ahead.
With gratitude,
The Coastal Alliance Board
