Officials say township limited by DEQ

While some residents around Elkhorn Lake wait for answers from the Michigan Department of Environmental Quality, it appears that the township’s ability to intervene is restricted at best.
With regards to wetlands on the properties of Dale Kotila and Jerry Moon, Building Official Tom Berger said the areas in question are out of township control, since they are within 500 feet of a lake. That means the township has no jurisdiction on the land.
Berger and Supervisor Jerry Dywasuk both noted that the township has spent a great deal of man-hours on the issue, but said they do not want to overstep the bounds of the DEQ.
A report from the township attorney is due back to the board on Nov. 5.
Berger said the township has ‘very good contact? with the DEQ on a variety of issues, including around Elkhorn Lake.
‘They rely on us to take pictures, go out there and get background information,? Berger said.
With cuts at the state level, including recent budget cuts involving the DEQ, Berger said these issues will take time to resolve.
‘It takes a period of time to get through their process,? he noted. ‘It takes them sometimes a lot longer on their timetable then it would take us.?
For their part, Justin Smith said the DEQ is doing what they can and going forward with investigations on both properties.
‘We’d welcome their assistance,? Smith said of the township. ‘If they would consider enforcement action, we’d have no objections.?
Berger said he has heard ‘quiet complaints? over the years, with the issue becoming public after a presentation at a board meeting in early September by Nick Cucinelli.
‘He has a right to protect his interests,? Berger said.
Since the issue was presented and appeared in this newspaper, more residents in the area have come forward.
‘We’ve had more than one complaint with regards to both of these properties,? Smith said.
Berger said there are outstanding DEQ violations on Moon’s property, as profiled in last week’s Review, but not on Kotila’s property. He added that he does not expect further action from the DEQ on Kotila.
With regards to Moon, Berger said it was his belief that a wetlands expert had been hired to aid in the DEQ’s request.
Berger added that the issues with the berm in front of Kotila’s property is a neighborhood association issue, not a township one, but said Kotila has been instructed to remove the berm.
He said that action, along with the reinstatement of two culverts in the area, could help flooding issues that resulted from a repaving on Vernita a couple of years ago.
A special LO Down on this issue appears in this web edition.

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