Attorney general: Macomb developer illegally filled 18+ acres of wetlands
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A Macomb County developer illegally filled more than 18 acres of regulated wetlands for a commercial development, Michigan Attorney General Dana Nessel and state environmental regulators allege.
Nessel's office and the Michigan Department of Environment, Great Lakes and Energy have sued Chesterfield 5 LLC and Utica developer Christopher Cousino, alleging violation of the Michigan Natural Resources and Environmental Protection Act, seeking penalties and a restoration of the wetlands.
According to a news release from Nessel's office, Chesterfield 5 is a real estate development company that bought a parcel of land at 17095 23 Mile Road in Macomb Township to develop and market as a commercial facility in 2018. The lawsuit alleges that the defendants illegally drained surface water from the property and planted crops on it shortly before applying for a wetland permit to build a large commercial facility. This resulted in the destruction of approximately 18.5 acres of regulated wetland, the lawsuit said.
The alleged illegal activities sought to make it appear as if the site contained significantly less wetland than it had, which would increase the likelihood of receiving a permit, officials in Nessel's office stated. But during a review of the developers' wetland permit, EGLE staff reviewed historical aerial photographs that clearly showed a large, natural wetland complex on the site shortly before the application was filed.
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“This case involves the destruction of a significant amount of protected, regulated wetland,” Nessel said in a statement. “My office will not hesitate to protect Michigan’s natural resources from unlawful destruction.”
A message left with Cousino was not immediately returned.
Acting EGLE Director Dan Eichinger, in a statement, noted the importance of the land changes.
"Wetlands are critical to a healthy environment," he said. "They provide food and shelter to wildlife and aquatic organisms, filter pollutants before they reach lakes and rivers, and provide flood control by soaking up stormwater like a sponge.
“The destruction of these regulated wetlands was illegal, unnecessary and indefensible. We look forward to the Office of Attorney General holding those responsible to account."
Contact Keith Matheny: kmatheny@freepress.com.
This article originally appeared on Detroit Free Press: Attorney general: Macomb Co. developer illegally filled 18+ acres of wetlands
