ELK RAPIDS -- A federally mandated wetlands restoration plan -- and whether utility lines should be buried beneath those wetlands -- drive the lengthy, contentious debate on an Elk Rapids housing development.
"The goal is to make sure the restoration happens and it's properly done," said Greg Reisig, a nearby resident and local environmental advocate. "The new plan is a big victory for the wetlands, if they are restored. Just because it's on paper in a plan doesn't mean it's going to happen."
The Cottages of Elk Rapids, formerly called the Elk Rapids Preserve, is a 20-plus-acre housing development near East Grand Traverse Bay. Work stalled there in 2002 by order of the U.S. Army Corps of Engineers when officials learned wetlands were filled without a permit by Traverse City-based developer Bill Clous' Eastwood Custom Homes.
The proposal went through numerous changes and site plan updates since, while Clous, the Corps and Elk Rapids village officials negotiated a solution.
A new development plan includes a required seven acres of existing, restored and created wetlands, along with 18 planned duplex units or 36 dwellings. The original plan called for 22 single-family homes and two duplexes.
Traverse City attorney Matthew Vermetten represents Clous and said the new plan creates less of a physical footprint on the site, while increasing the number of dwellings to a profitable density.
"We've provided to the planning commission a development plan that maximizes the use of the property. Is it the plan we wanted? No, but it's a plan we can use," Vermetten said.
He said most of the plan is driven by what the federal government required.
The Corps in 2005 issued an after-the-fact permit with conditions, particularly the wetland restoration work.
A major point of concern for Reisig and others is that sewer and water lines would remain beneath the wetlands, if the current plan is approved.
"What if there's a sewer line break under a restored wetland?" Reisig said.
Grenetta Thomassey, policy director for the Tip of the Mitt Watershed Council, said that group objected to the utilities from the beginning, as they bisected an existing wetland.
"This is a wetland that has been disturbed and it should be restored so there's no future possibility of any disturbance," she said.
Ed Arthur, Corps biologist, said utility lines won't break if they are well-maintained, although maintenance requires additional federal permits.
"Utilities run under wetlands all the time. It's pretty common in northern Michigan," Arthur said.
Steve Ravezzani, village zoning administrator, agreed the practice is not unusual. However, the issue remains under discussion, said Steve Francis, village council and planning commission member.
"I'd prefer not to have utilities under wetlands," Francis said, but he's not convinced they must be removed.
Officials said site plan review is now before the planning commission, but won't be approved without all required permits and public hearings.
Vermetten said Clous and Eastwood are waiting to sign the federal permit and submit a final wetland restoration plan because a deadline to complete the work will go into effect. Permit language says it will be one-year, with a final time limit of December 2008.
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