By LINDSAY VANHULLE
lvanhulle@record-eagle.com
October 05, 2008 12:00 am TRAVERSE CITY -- State environmental officials continue to investigate alleged unlawful beach clearing at an East Bay hotel, and the county prosecutor could consider criminal charges. State and federal regulators cited the Tamarack Lodge in East Bay Township a year ago for illegal grooming of its beachfront property. The state Department of Environmental Quality is considering what the next action should be, said Eric Hudy, an enforcement specialist with the department's Land and Water Management Division in Cadillac. "What we have to do is look at the facts that are in the file and make a determination as to what the next step of enforcement is going to be," he said. He didn't know how long that could take. The DEQ last fall found that owner Richard "R.C." Hermann did not have a permit to smooth the 458 feet of beach believed to have been groomed. Hermann said in October 2007 that a small patch of vegetation was removed near a wetland. He and environmental consultant Chris Grobbel submitted a plan this year to replant the lost vegetation. But state regulators "found it unacceptable," Hudy said. "We had some talks, and essentially we didn't come to an agreement." He would not discuss the status of the case, nor would he disclose any deadlines the DEQ gave Tamarack in its initial citation last fall. Hudy said he doesn't believe any work has taken place there. Wetlands on the property have been replaced both naturally and through planting, and a plan to remove invasive species near the wetlands has been conducted, Hermann said. But he added he has not been in contact with DEQ officials for at least four months, and has not received permission to proceed with restoring the beach. As such, "we haven't done anything," he said. Grand Traverse County Prosecutor Alan Schneider said his office has not received a request for charges from the DEQ, but believes Hudy "intends to do so."
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