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DNR/DEQ Case Study #2
Golf Course Construction

Washout Pollutes
Once-Clear
Trout Stream

IMAGE imgs/glb-su.fa9813.gif

The state DEQ had the full authority to require
Shanty Creek Resort to prepare a development plan
that would prevent damage to the Cedar River.
Instead, they "sat on their hands," said a resident.

The Cedar River in Antrim County was seriously damaged in August by an estimated 100 tons of sand and
mud laced with fertilizer that swept off bare fairways from Shanty Creek Resort's new golf course construction.
It turned the clear trout stream what witnesses described as "the color of chocolate milk."
"I am sick at heart. This is the kind of devastation that we went to a lot of trouble to prevent. It was all
preventable," said Jack Norris of Friends of the Cedar River, a citizens group that negotiated a court-
sanctioned settlement with Shanty Creek regarding the construction. "There were great mounds of stinking
foam in the river. There is sand covering the trout spawning beds."
The washout occurred after a rainstorm. It was one of the worst erosion calamities in memory in Antrim
County, said Pete Garwood, the county coordinator and planner. Shanty Creek was fined $500, the maximum
penalty under the county's erosion control ordinance.
The incident also is a manifest symbol of how far the balance has tipped against protecting the state's
natural resources. The Department of Natural Resources has sought to minimize the damage. David Borgeson,
a DNR fisheries biologist, told reporters that the harm to fisheries is likely to be slight because the swift flow
of the Cedar would scrub sand from the river bottom.
But Scott McEwen, a biologist with the Tip of the Mitt Watershed Council who visited the scene, said
such an assessment was premature. "What he didn't say is that sand will settle where the river flattens out,"
said Mr. McEwen.
"This Is the Reality of the DNR/DEQ Split"
Shanty Creek Resort is building the golf course as part of an expansion that includes new ski runs and condo-
miniums. Last year the DNR and the Department of Environmental Quality overruled their own fisheries
biologists and jointly approved the resort's plan, which involved pumping millions of gallons of water from
the river for irrigation and snow-making. The decision was made despite scientific evidence that the development
could threaten the river's water quality.
Critics immediately accused the state of abdicating its responsibilities. Under the Michigan Environmental
Protection Act, and the Inland Lakes and Streams Act, the state had the full authority to require Shanty Creek
to prepare a development plan that would not cause any damage. Instead the DNR and DEQ issued permits to
clear the way for construction that clearly would harm the river.
It then was up to private citizens to raise enough money for a lawsuit to protect the public interest. "The
people with the authority and the responsibility, not to mention the taxpayer-provided finances, to do this job
sat on their hands," said Larry Rochon of Friends of the Cedar River. "This is the reality of the DNR/DEQ
split. It's the fulfillment of opening the doors wide for business development at the expense of the public's
natural resources."
Friends of the Cedar River filed suit in October 1997. They won the crucial first round in November, when
Antrim County Circuit Judge Thomas Power said the law was on the Friend's side and issued an injunction
that blocked construction. Four months later, the Friends reached a settlement with Shanty Creek. As part of
the agreement, the court required the resort to gain approval from Friends of the Cedar River for a comprehensive
erosion control program.
Never Again, Says Attorney
Terry Scheiber, Shanty Creek's chief executive, told the Traverse City Record-Eagle that his company
complied with the agreement and sent the erosion control plan to the Friends.
Jim Olson, attorney for the Friends, said that was not true. The Friends' erosion control experts warned
Shanty Creek on July 6 that the basins built to contain storm water were inadequate and would fail during a
heavy rain at precisely the spot that they did. The resort ignored the warning.
Leaders of Friends group are frustrated that the settlement did not work. "It's just aggravating," said Mr.
Rochon. "We spent a lot of money. We settled the case with an agreement to work together. Shanty Creek said
they would comply. But they didn't."
Added Mr. Olson, "That does it. This is the last golf course that will be built along a trout stream in Michigan."G

CONTACTS: Jack Norris, 616-599-2894; Larry Rochon, 616-347-1721; Jim Olson, 616-946-0044; Scott McEwan, 616-347-1181.



	DNR/DEQ Case Study #2 Golf Course Construction
	Washout Pollutes Once-Clear Trout Stream
	Washout Pollutes Once-Clear Trout Stream
		The state DEQ had the full authority to require Shanty Creek Resort to prepare a development plan that would prevent damage to the Cedar River. Instead, they "sat on their hands," said a resident.
The Cedar River in Antrim County was seriously damaged in August by an estimated 100 tons of sand and mud laced with fertilizer that swept off bare fairways from Shanty Creek Resort's new golf course construction. It turned the clear trout stream what witnesses described as "the color of chocolate milk." "I am sick at heart. This is the kind of devastation that we went to a lot of trouble to prevent. It was all preventable," said Jack Norris of Friends of the Cedar River, a citizens group that negotiated a court- sanctioned settlement with Shanty Creek regarding the construction. "There were great mounds of stinking foam in the river. There is sand covering the trout spawning beds." The washout occurred after a rainstorm. It was one of the worst erosion calamities in memory in Antrim County, said Pete Garwood, the county coordinator and planner. Shanty Creek was fined $500, the maximum penalty under the county's erosion control ordinance. The incident also is a manifest symbol of how far the balance has tipped against protecting the state's natural resources. The Department of Natural Resources has sought to minimize the damage. David Borgeson, a DNR fisheries biologist, told reporters that the harm to fisheries is likely to be slight because the swift flow of the Cedar would scrub sand from the river bottom. But Scott McEwen, a biologist with the Tip of the Mitt Watershed Council who visited the scene, said such an assessment was premature. "What he didn't say is that sand will settle where the river flattens out," said Mr. McEwen. "This Is the Reality of the DNR/DEQ Split" Shanty Creek Resort is building the golf course as part of an expansion that includes new ski runs and condo- miniums. Last year the DNR and the Department of Environmental Quality overruled their own fisheries biologists and jointly approved the resort's plan, which involved pumping millions of gallons of water from the river for irrigation and snow-making. The decision was made despite scientific evidence that the development could threaten the river's water quality. Critics immediately accused the state of abdicating its responsibilities. Under the Michigan Environmental Protection Act, and the Inland Lakes and Streams Act, the state had the full authority to require Shanty Creek to prepare a development plan that would not cause any damage. Instead the DNR and DEQ issued permits to clear the way for construction that clearly would harm the river. It then was up to private citizens to raise enough money for a lawsuit to protect the public interest. "The people with the authority and the responsibility, not to mention the taxpayer-provided finances, to do this job sat on their hands," said Larry Rochon of Friends of the Cedar River. "This is the reality of the DNR/DEQ split. It's the fulfillment of opening the doors wide for business development at the expense of the public's natural resources." Friends of the Cedar River filed suit in October 1997. They won the crucial first round in November, when Antrim County Circuit Judge Thomas Power said the law was on the Friend's side and issued an injunction that blocked construction. Four months later, the Friends reached a settlement with Shanty Creek. As part of the agreement, the court required the resort to gain approval from Friends of the Cedar River for a comprehensive erosion control program. Never Again, Says Attorney Terry Scheiber, Shanty Creek's chief executive, told the Traverse City Record-Eagle that his company complied with the agreement and sent the erosion control plan to the Friends. Jim Olson, attorney for the Friends, said that was not true. The Friends' erosion control experts warned Shanty Creek on July 6 that the basins built to contain storm water were inadequate and would fail during a heavy rain at precisely the spot that they did. The resort ignored the warning. Leaders of Friends group are frustrated that the settlement did not work. "It's just aggravating," said Mr. Rochon. "We spent a lot of money. We settled the case with an agreement to work together. Shanty Creek said they would comply. But they didn't." Added Mr. Olson, "That does it. This is the last golf course that will be built along a trout stream in Michigan."G CONTACTS: Jack Norris, 616-599-2894; Larry Rochon, 616-347-1721; Jim Olson, 616-946-0044; Scott McEwan, 616-347-1181.