U.S. Army Corps and State of Michigan Deny Permits for NorthShore of Saugatuck’s Proposed Marina

Decisions Mark a Significant Victory for the Kalamazoo River Mouth, Potawatomi Nations, Area Residents, and the Saugatuck Dunes Coastal Alliance

The U.S. Army Corps of Engineers (Army Corps) and the State of Michigan have denied NorthShore of Saugatuck’s applications for federal and state permits to build its proposed marina at the Kalamazoo River Mouth. 

In a letter dated February 12, Army Corps informed the applicant, Scott Bosgraaf: 

“At this point in our evaluation, it appears the detriments of your project as currently proposed may have outweighed the benefits to the overall public interest. Specifically, the project would adversely affect the Kalamazoo River Mouth Traditional Cultural Property (TCP). The mitigation proposed to date does not appear adequate to resolve the adverse effects to the TCP.”

The Army Corps’ decision is partially predicated upon  Michigan’s Department of Environment, Great Lakes, and Energy (EGLE) denial of NorthShore’s application for state permits issued three days ago. EGLE’s February 9 letter to Bosgraaf noted:

“After due consideration of the permit application, site conditions, and other pertinent materials, your application is denied for the following reasons:

a. The proposed project will have significant adverse effects on the natural resources
associated with the Kalamazoo River, the uses of the Kalamazoo River, and the public trust.

b. The hydrologic groundwater modeling that was completed by your consultants and
then provided to EGLE for review is inadequate and contains inconsistencies and other
issues. Therefore, the application does not demonstrate that the project will not have adverse temporary or permanent environmental impacts.

c. There are feasible and prudent alternatives.”

NorthShore had applied for Michigan’s Part 31, Water Resources Protection, Part 301, Inland Lakes and Streams, and Part 353, Critical Dunes, permits in May 2023. NorthShore’s first application to build the proposed marina was approved by EGLE in 2018. Those permits expired in January 2023. EGLE held a public hearing about NorthShore’s second application on July 10, 2023, and received public comments that provided significant new evidence to be considered.

NorthShore submitted applications for three required federal permits in 2017 – Section 106 Historic Properties, Public Interest Factors, and National Environmental Policy Act (NEPA). 

Copies of both denial letters are available for review: EGLE Decision, Army Corps’ Decision.  

“It is impossible to overstate the importance of the Army Corps’ and EGLE’s decisions and the agencies’ assessment of the damage the marina would do to the public interest, livelihoods, lifeways, and recreational pursuits of those who live and visit here,” said Saugatuck Dunes Coastal Alliance co-founder and board president David Swan. “It also represents what a coalition of dedicated, passionate, and tenacious people can accomplish together.”

“Both the Army Corps and EGLE have fulfilled their critical obligations to protect the public interest – to make decisions that uphold the laws that protect both the land and everyday citizens,” said Coastal Alliance Board Chair Bobbie Gaunt. “We applaud them for their diligence in evaluating all of the evidence submitted and doing what’s right and lawful.”

The Coastal Alliance continues to challenge the marina permit granted by Saugatuck Township in 2017. Following an order from the Allegan County Circuit Court, the Township Zoning Board of Appeals (ZBA) is holding public hearings to determine whether the Coastal Alliance has standing to appeal the permit using new criteria issued by the Michigan Supreme Court in July 2022. The next ZBA hearing is expected to be held on May 16, 2024.