A Jackson County woman has won a rare victory in efforts to save the state's dwindling wetlands and biological diversity. By building a case for denial of a state Department of Environmental Quality (DEQ) wetland permit sought by a developer seeking to intrude upon a distinctive prairie fen at Brills Lake, Donna Marentay has given citizens across Michigan a textbook example of how to deploy the state's environmental laws to defend the natural world.

But the victory is not necessarily permanent. The developer may appeal the permit decision or act on alternatives recommended by DEQ, allowing him to affect the fragile wetland by constructing a "keyhole" development to serve 76 non-lakefront owners onto the lake. This would significantly intensify recreational boating use of the lake and its shoreline.

The DEQ permit denial, made official in a November 5, 2001 letter, spurned a proposal by a development company called Sanctuary of Brills Lake to develop a marina and boat launch to serve housing the firm has built along the lake.

Calling the DEQ's decision "a small victory in a large battle," Ms. Marentay says she remains vigilant about possible future development by the company.

Unusual resource at risk

A mother of three and active community volunteer, Donna says she has "spent the better part of 16 years pushing a stroller past these wetlands. My children gained a respect for life and its diversity at a very early age from being 'neighbors' with the unique wildlife of the area…. My battle is to preserve the right of future generations to have these same wonderful life experiences and make their own memories."

When she heard about the proposed development in the late spring of 2001, Ms. Marentay went to work immediately, digging up information about both the wetland area that would be affected and the type of impact similar marina and boat launch projects have had elsewhere. Although she was sure the wetland crossed by a proposed 727-foot boardwalk was special, she had to develop the data to support that belief on her own initiative. A check of state records showed the area had not been canvassed by the Michigan Natural Features Inventory (MNFI), the science group now part of Michigan State University Extension that documents rare habitats and plant and animal communities. So she turned to a local science teacher, Allen King, who investigated the site. King in turn contacted a friend, Ron Hoffman, an ecologist who two months earlier had documented his concerns with the proposal.

Hoffman reported that the large wetland was a biologically important prairie fen, a type of habitat described by the MNFI as "geologically and biologically unique wetlands found only in the glaciated Midwest." Cooled to a constant temperature and rich in calcium and magnesium bicarbonates, the groundwater flowing out of glacial deposits into prairie fens supports unusual plants and wildlife. The MNFI notes that "lawns, agriculture fields and impervious surfaces" disrupt fens by contributing warm, nutrient- and sediment-laden water to fens. Simply put, development in southern Michigan is wiping out this part of our native landscape.

More reasons to deny the development

Hoffman argued that the construction of the boardwalk would create a barrier for birds sensitive to disturbance such as rails, cranes and herons. "The value of this large undisturbed area for wildlife will be significantly diminished once the 76 boat slips are being used," he wrote. "The fen should be surveyed for Threatened and Endangered Species such as Eastern Mississauga, Spotted Turtle, Poweshiek Skipperling, Swamp Metalmark, Tamarack Tree Cricket, etc."

Most important, perhaps, and critical to the DEQ decision was the application of the standards of state wetland law to the proposal. The law requires consideration of alternatives to the proposal and whether the development will have an unacceptable effect on aquatic resources. Hoffman wrote: "The proposed development will significantly impair wetland functions; there are alternatives; there is no demonstrated need in the community; Brills Lake residential development is not dependent on the dock/launch, so the public interest will not be served because foreseeable detriments are much greater than benefits. I recommend that the permit be denied."

While supplying Hoffman's study to DEQ, Ms. Marentay didn't stop there. She contacted numerous local, state and federal officials as well as MEC. She reported suspected violations by the developer of state natural resources law, confirmed by a DEQ site inspection in August. DEQ District Supervisor Rick Schramm warned the developer in a letter that fill and wood chips had been placed in a state-protected wetland without a permit.

Ms. Marentay also organized letters to DEQ opposing the project. One she didn't have to request was authored by her ten-year-old son Brian, who wrote, "If you recall, a few nights ago the Jackson Citizen Patriot published an article saying that Michigan's wetlands were disappearing and being developed. In school we are taught to respect and conserve our wetlands and be careful with our lakes. We have learned that once you use up a natural resource, you can never get it back. Please, sir, don't let another wetland disappear."

The DEQ's November decision found alternatives to the proposed location of the marina and recommended downsizing the project. The decision grants Brian, his mother and other concerned citizens in the area some hope and grants the wetland ecosystem a reprieve. But, like most fights over endangered resources, this one is likely to go on. Ms. Marentay says she's in it for the long haul.

"As a resident of New York City, I saw the disastrous effects the Fresh Kills Landfill had on the health of Staten Island residents. Staten Island has earned the name 'cancer alley' because of inadequate environmental protection from this landfill…. When you come from a city so large with so many people sharing so little space, the need for conservation becomes apparent very quickly."

A textbook for citizens

Jackson County resident Donna Marentay offers these suggestions for citizens seeking to protect local environments from unwise development proposals:

Dealing with the DEQ: Find out who is in charge and present yourself as concerned and willing to help gather information. DEQ will listen to documented facts. Contact your local schools' science teachers or other experts. Many are conservationists and are qualified to do a "species inventory" that may affect DEQ decision-making.

Dealing with local government: Find out who serves on the township or city boards and how they may be connected to a disputed project. Collect as much information as you can. The Internet is a wellspring of information. Offer your assistance to local officials in solving the problem rather than just complaining. Go to public meetings and don't be afraid to raise your voice. Don't take local officials' word on anything; do your own research.

Dealing with developers: Don't let them think they're fooling you when they say, "these people just don't understand the financial benefits of development." Remind all concerned that financial benefits are short- to mid-term, while the negative effects of development will harm a community in the long term. Remember that if they argue about the benefits of the development five years in the future, they must compare that to the value of the lake and wetlands five years in the future after it is affected by the development.