What’s next for the proposed marina?

Many of you have asked us great questions now that Michigan Department of Environment, Great Lakes and Energy (EGLE) and the U.S. Army Corps of Engineers (USACE) have denied state and federal permits to build the proposed marina. Here are answers to the most frequently asked questions.

Can NorthShore Appeal EGLE’s Decision to Deny the Permit?

Yes. In its permit denial letter dated February 9, EGLE told the applicant that they “have the right to appeal this denial by filing a petition for a formal administrative hearing. To preserve your right to an administrative hearing, a petition must be filed with the Michigan Office of Administrative Hearings and Rules within 60 days from the date of this denial letter.”

The applicant also has the right to modify their plans and submit a new application to EGLE.

Can NorthShore Appeal Army Corps’ Decision to Deny the Permit?

No. USACE does not allow appeals of its permit decisions, but their February 13 letter denial letter noted that if NorthShore chooses to “seek a permit for a modified project or attempt to resolve EGLE’s concerns on your current proposal, we recommend that you engage the Corps of Engineers and other consulting parties in discussion of further efforts to identify archeological resources.” They further noted that “there is no assurance that you will receive a DA (Department of Army) permit after satisfactory resolution with EGLE.”

What If They Change Their Plans and Reapply?

We will be as vigilant and tenacious as we’ve been to date to hold NorthShore, EGLE, and Army Corps accountable to following the laws.

What About the Township Permit?

The Coastal Alliance is still in the process of contesting the Township’s permit, which was issued in 2017. As you probably recall, the Township said the Coastal Alliance didn’t have standing to challenge the permit, which started multi-year litigation. Following the Michigan State Supreme Court’s ruling that clarified the criteria for standing, which is now Michigan law, the lawsuit was sent back to Allegan County Circuit Court, which then directed the Saugatuck Zoning Board of Appeals to determine whether the Coastal Alliance meets the new criteria. Their determination will go to the Allegan County Circuit Court, which can accept its decision, modify it, or reject it. We expect the next ZBA hearing to be held on May 16.

The Coastal Alliance remains committed to ensuring the Township’s marina permit is terminated. The proposed marina plan that was permitted by the Township in 2017 was also submitted to USACE and EGLE for permit approvals — and those permits were denied. The community deserves the chance to weigh in on whatever new plan NorthShore might submit, so new Township zoning permits should be required.

What’s Next for the Coastal Alliance Overall?

In addition to working to ensure the Township permit is terminated and ensuring that any further proposals from NorthShore follow every applicable law, we remain focused on protecting, preserving, and restoring the historic, cultural, and ecological values of the River Mouth.

This includes helping our communities implement the goals and policies of the Tri-Community Master Plan:

“Although waterfront lands have a high revenue generating potential, a major attraction of both the Lake Michigan and Kalamazoo River waterfronts is their scenic, natural shorelines composed of forested sand dunes and large wetland areas. Should these natural areas be greatly damaged or destroyed through inappropriate development, then the 'goose that laid the golden egg' will be dead.”

"Public acquisition of the Denison property on both sides of the Kalamazoo River is the top priority for the Tri-Communities."

“The northwest comer of the Township, along with…most of the land in Saugatuck west of the Kalamazoo lake should be preserved for public open space and the portion that remains in private ownership should be maintained for low intensity uses (like the art colony and church camp)."