Lake Michigan Basin Update
Citizen Action Sets the Stage for Decision to
Protect Lake Michigan Sand Dune
By Jamie Morton, Alliance for the Great Lakes
A long-awaited decision by Michigan
Department of Environmental Quality
(DEQ) Director Steven E. Chester,
denying Dune Harbor Estates, LLC for a
second time a permit to tunnel through
a 4,000-year-old barrier sand dune on the Lake Michigan shore
near Muskegon, Michigan was recently celebrated by local
groups and citizens.
Chester’s decision, unless appealed, brings to a close a nearly
five-year dispute between local residents, municipalities,
environmental groups and Nugent Sand -- a mining company
that created Dune Harbor Estates, LLC. Nugent has mined dune
sand at this site for nearly 100 years and is preparing the area for
a residential housing development. As part of their end use of
the site Dune Harbor pursued a permit to build a pipeline
through the dune to dump treated mining wastewater into Lake
Michigan and to regulate the levels of two inland lakes created
by the mining company’s activities in order to maximize acreage
for the residential development.
The dune is among those recognized by the state as “critical”and
as such is protected under Michigan law. The state describes a
critical dune area as a “unique, fragile, and irreplaceable
resource.” Because of their fragile nature, most uses and
structures on dunes are prohibited unless a permit is granted by
the DEQ. In addition to the potential of negatively impacting the
protected dune the project would have also disrupted beach
walking opportunities, potentially impacted the health of Lake
Michigan and may have resulted in the over-development of
sensitive dune areas.
During the permitting process, Muskegon Save Our Shoreline
members and other concerned groups and citizens worked
diligently by educating themselves on the issues, working with
regional organizations to gain support, capturing media attention
and organizing protests to raise public awareness about the
adverse effects the project would have on the local environment
and Lake Michigan.
“The decision proves citizen involvement to protect the
environment is essential and effective,” according to Darlene
DeHudy, vice president of Muskegon Save Our Shoreline, a group
that for the past 30 years has served generations to come
through its ongoing efforts to protect the Lake Michigan
shoreline. DeHudy encourages “all citizens to be vigilant and
stand up for the environment. It can truly make a difference.”
If allowed, this permit would have critically weakened the laws
that protect our dunes in Michigan. This decision sends a strong
message that the DEQ is prepared to uphold the laws that
protect our Great Lakes resources, like our sand dunes. DEQ’s
decision to deny the permit has strengthened the Sand Dune
Protection and Management Act of Michigan so that it can
better protect these special places. Dune Harbor Estates is
expected to appeal the decision.
For more information:
Alliance for the Great Lakes
700 Washington Ave, Ste. 150 • Grand Haven, MI 49417
PH: (616) 850-0745, x 12 • E-mail: jmorton@greatlakes.org
Disclaimer:
The interpretations and conclusions presented in this newsletter represent the opinions of the individual authors. They in no way represent the views of the Tip of the Mitt Watershed Council, the C.S. Mott Foundation, subscribers, donors, or any organization mentioned in this publication.
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