According to our sources, late last week the DEQ approved a permit for the controversial condominium development and 14 slip marina at Leelanau Narrows. We are also told that the Lake Leelanau Association is asking an administrative law judge in Lansing to overturn the permit and stop the development. More on this story as it develops....

Update Jan 31 06: Here's an exchange of letters between NMEAC's Bob Marshall and the DEQ, bring us current:

From: "John Arevalo"

Date: January 31, 2006 3:40:56 PM GMT-05:00

To: "Robert Marshall"

Cc: "Robyn Schmidt"

Subject: Re: Fwd: The Narrows; DEQ File 03-45-0112-P, Leelanau County

As indicated on the DEQ website, all comments were to be directed to Ms. Robyn Schmidt, the staff person assigned to the file. Your comments were forwarded to her, but I will respond to you. The local paper said to contact me, which was incorrect. This matter is scheduled for a contested case hearing before a DEQ administrative law judge (ALJ) this spring. There is an intervenor; the Lake Leelanau Lake Assoc. (LLLA). Previously, the LLLA's attorney requested essentially what you did, and for the same reason. Our position, as put forth by the Dept. of Attorney General, who is representing us in the matter, is that the project poses significantly less environmental impact vs. the original proposal. A public hearing on the original proposal was held. The direct wetland impact with the modified proposal is 0.02 acre - with the impacts being elevated boardwalks, and a section of dock. The applicant offered to grant a conservation easement to the State, over the bulk of the wetland and the area offshore extending to the end of the finger piers. This would preclude any future expansion, dredging, filling, construction, etc. We have received scores of letters and emails from concerned citizens, and the state senator and representative for the area have made regular inquiries. Concerns about navigation have been raised by many, and both the applicant and the LLLA have expert witnesses who are retired county sheriff marine safety patrol officers (who have very different opinions about whether this project will adversely impact navigation). We posted the proposed contested case settlement on the DEQ website for 30 days to allow for addtional comment. The applicant did opt to cosign the draft permit, and the modified permit was issued for this project a few days ago. If he choses to construct anything, he does so at his own risk, as DEQ Director Steven Chester is the final agency decision maker in this process. Director Chester will review the proposal for decision that is rendered by the ALJ. That process will take several months. Thank you for contacting me.

Robert Marshall 01/30/06 12:20 PM >>>

Dear Mr. Arevalo,

On January 12 I sent the appended message to you re the Narrows

permit in Lake Leelanau.

I was aware that the permit was in process a that time but made an

argument that it should have been reopened since its revision was so

radical that it was, in effect, a new process.

I have heard nothing from you in this regard and would like to know

what is being done about our request for another hearing on this matter.

We appreciate your attention to this matter.

Yours,

Robert E. Marshall, Secretary

Northern Michigan Environmental Action Council

Begin forwarded message:

From: Bob Marshall

Date: January 12, 2006 2:52:11 PM GMT-05:00

To: John Arevalo

Cc: Robyn Schmidt

Subject: The Narrows; DEQ File 03-45-0112-P, Leelanau County

Mr. John Arevalo

Supervisor, Land and Water Management Division

MDEQ

2100 West M-32

Gaylord, MI 49735-9282

Re: DEQ File 03-45-0112-P, Leelanau County

Dear Mr. Arevalo,

I write to inform you that the Northern Michigan

Environmental Action Council (NMEAC) has met and reviewed the DEQ

petition and proposed permit for the Leelanau Narrows dock and

boardwalk system and hereby make some comments on the developments.

First, we believe that this permit should not be

allowed. It is a fairly radical modification of the earlier

rejected permit and without further review would move in a

direction opposed by the DNR, US Fish and Wildlife, the Lake

Association and Marine Officers and Deputies. It would,

furthermore, in creating such an excess of dockages in such a

congested portion of the waterway, create environmental damage and

danger to navigational safety. It would also set a precedent

calling into question the ordinances of various Townships regarding

Keyholing which would not allow such a usage.

Secondly, we believe that this permit can hardly be

called a modification of the earlier rejected permit. It is

essentially a new permit which has not had a public review. We

formally request that you hold a local public hearing of this

design and hear the comments of the residents and concerned

citizens of the area.

We do not take a position on the condominium

developments and will do so as required in the course of the

hearings of the Planning Commission and their permit process.

We write this in the interest of the preservation and

protection of the Narrows and in the interest of an orderly review

process for this important part of our Lands and Waters.

Yours truly,

Robert Marshall, Secretary

Northern Michigan Environmental Action Council

P.O. Box 1166

Traverse City, MI 49685-1166

Cc: Ms. Robyn Schmidt, DEQ, LWMD

Cadillac District Office,

120 W. Chapin St.

Cadillac, MI 49601

John Arevalo

Cadillac District Supervisor

Land and Water Management Division

Gaylord Phone: 989-705-3450

Fax: 989-731-6181

Cadillac Phone: 231-775-3960x6360

Fax:231-775-1511

UPDATE 2/1/06: The Record-Eagle has a story on this today.