12/11/2006

Judge upholds permit for marina along Narrows

By Christine Finger

cfinger@record-eagle.com

LAKE LEELANAU — A state administrative law judge upheld the state Department of Environmental Quality's granting of a permit for a new marina along the Lake Leelanau Narrows.

The DEQ in January finalized a permit to allow local builder Wayne Tyge and the Narrows Development Co. to construct a new marina along the Lake Leelanau Narrows. The developer's plan called for construction of 14 boat slips along the Narrows, the area that divides north and south Lake Leelanau.

The Lake Leelanau Lake Association sought an administrative hearing on the permit, citing concerns about boater safety and shoreline and ecological damage. The hearing, which included a site visit, took place over several days in April and May.

In a proposed decision issued Friday, administrative law judge Dennis Mack said the lake association did not provide sufficient factual support for its arguments against the permit.

"Quite simply, this record indicates the project will not cause the problems alleged by the (lake association),” Mack wrote. "Rather, the project as ultimately agreed to by the (developer) and the (state) is protective of the bottomland of the Narrows, uses of Lake Leelanau and wetlands.”

Tracy J. Andrews, the lake association's attorney, said Mack ignored the evidence presented.

"The judge got a lot of stuff wrong,” she said.

Both parties have until Jan. 18 to file written exceptions to the proposed decision, which will be reviewed by DEQ Director Steven Chester. The director's decision can also be appealed to circuit court.

The permit allows a 252-foot-long broadside dock with seven finger piers on the east side of the Narrows. The slips would be used by residents of Provemont Village, one of Tyge's residential development projects. The permit also includes removal of an existing boathouse and pilings.

The DEQ in 2004 rejected Tyge's original permit application, which he revised. The initial application called for dredging a canal to allow Provemont Village access to Lake Leelanau.