List of over 20 Violations agaist
Mid Michigan Materials and the Vella Pit.
EVEN BETTER UPDATE!: Circuit Court Judge Grants Preliminary Injunction Order against the Vella Pit!!
UPDATE: Township Press Release Regarding Legal Complaint Filing Against Mid Michigan Materials!
State Violations
On September 6, 2023, staff of the Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division (WRD), conducted a Compliance Evaluation Inspection (CEI) at the AMC-WSG LLC (Vella Pit), located at 4984 Earhart Road, Ann Arbor, Michigan which is owned and operated by Mid Michigan Materials (MMM).
During the September 6, 2023, inspection, WRD staff observed the following:
1. Discharge of Sediment to Waters of the State: WRD staff observed the discharge of sediment to the unnamed tributary stream, Fleming Creek, Massey Lake, and adjacent wetlands. Additionally, the discharged sediment has accumulated within the wetlands, on the stream bed of the unnamed tributary and Fleming Creek, and on bottomland of Massey Lake. The primary source of this sediment discharge appears to be from erosion runoff from the northern berm and erosional scouring at the effluent discharge outfall. The discharge of sediment to Waters of the State is a violation of Part 31, Water Resources Protection, of the NREPA, Section 324.3109 (1) and Part 91, Soil Erosion and Sedimentation Control, of the NREPA. Additionally, the accumulated sediment in the wetlands, the unnamed tributary, Fleming Creek, and Massey Lake is considered a filling of wetlands and a diminishment of the streams and lake, which are violations under Part 303, Wetlands Protection, and Part 301, Inland Lakes and Streams, of the NREPA, respectively.
2. Soil Erosion and Sedimentation Controls (SESC) Measures: Off-site sediment discharges were observed on the northern berm as a result of inadequate SESC measures. Additionally, erosion and off-site sediment discharges were noted at several locations on the east side of the site as a result of inadequate SESC measures. Failure to properly install and/or maintain SESC measures, extensive erosion, and off-site sediment discharges constitute violations of Part 91, Soil Erosion and Sedimentation Control, of the NREPA.
3. Construction/enlargement of a Waterbody within 500 feet of a stream: WRD staff have observed that the northern pond was constructed and enlarged in 2021 and 2022 and is within 500 feet of Fleming Creek without a permit. The construction and/or enlargement of an artificial waterbody within 500 feet of a stream requires a permit under Part 301, Inland Lakes and Streams, of the NREPA. This activity is therefore in violation of Part 301.
4. Mining of the Southern Lake: A review of aerial imagery has identified that a waterbody with an approximate area of 2.66 acres was present in the southwest of the site in 2020 when the site was purchased by MMM. This waterbody was expanded through mining operations by MMM in 2021 and 2022 and resulted in creation of approximately five (5) acres of surface water, which is considered a lake under Part 301, Inland Lakes and Streams, of the NREPA. Aerial imagery from 2021 and 2022 shows the presence of this approximate five (5) acre lake until pumping operations began in 2022. The subsequent pumping operation has now drawn down the surface water and drained the lake. The creation, enlargement or diminishment of a lake requires a permit under Part 301. No permits have been applied for nor issued for this activity and is therefore in violation of Part 301.
The violations identified in this Violation Notice are continuing. The violations identified in this letter are violations of Part 31, Water Resources Protection, Section 324.3109 (1); Part 91, Soil Erosion and Sedimentation Control; Part 301, Inland Lakes and Streams; Part 303, Wetlands Protection; and Part 327 Great Lakes Preservation, of the NREPA. MMM should take immediate action to achieve and maintain compliance with the terms and conditions of Part 31, Water Resources Protection; Part 91, Soil Erosion and Sedimentation Control; Part 301, Inland Lakes and Streams; Part 303, Wetlands Protection; and Part 327, Great Lakes Preservation.
Municipal Violations
On September 6, 2023 Ann Arbor Township held a Special Meeting of the Board of Trustees. In that meeting the following was stated by John Allison:
Trustee Allison said that by implementing a water processing system with dewatering of the mining site, a water discharge outlet structure and offsite discharge of water into wetlands and Fleming Creek tributary, MMM has sufficiently changed the mining uses and site plan that they constitute major, unauthorized changes to the Conditional Use Permit. These unauthorized changes are having significant impacts to neighboring wells and potentially to surrounding natural features. They are in violation of the following sections of the CUP, Development Agreement and Township Ordinances as follows:
CUP Resolution, II – Standards and findings, sentence 1: CUP shall remain unchanged except upon mutual consent of board and landowner.
The Township knew nothing of these changes until July, and learned of them from EGLE, not the owner.
CUP Resolution, II – Standards and findings, second paragraph: CUP is conditioned upon adherence to all performance standards set forth in 74-594.
MMM is in violation of the performance standards.
CUP Resolution Condition 3: Applicant shall not revise or modify the Site Plan without prior written notice to and approval by the township.
CUP Resolution Condition 14: Use of property shall be in accordance with this resolution and applicable ordinances.
Development Agreement 1: Failure to comply with standards, findings and conditions is a breach of the agreement, etc.
It is clear that MMM does not comply with those standards, findings and conditions that were part of the CUP.
Development Agreement 8: Development. The Project and Property shall be constructed, used and maintained by the Applicant in a manner consistent with the Final Site Plan, the Resolutions and permits issued by Township.
Development Agreement 10: Use. The project shall be developed and used for the Mining Activity as shown on the Final Site plan and in accordance with the applicable zoning regulations.
Zoning Ordinance 74-136 (2): A Conditional Use is required to be compatible with the natural environment and existing and future land uses in the vicinity.
In terms of the existing land uses, these impacts on the wells are not compatible.
Zoning Ordinance 74-136(5) A CUP is required to be not detrimental, hazardous or disturbing to existing or future neighboring uses, persons, property or public welfare.
Zoning Ordinance 74-175 requires that a preliminary site plan must identify any on-site or adjacent natural features, including wetlands, it must provide a Natural Resources Impact Statement and must also provide a site analysis describing the site’s relationship to natural features.
The off-site discharge was not on the site plan.
Zoning Ordinance 74-592 Mineral Mining (a) Conditional use permit standards: Prohibits the issuance of a permit if very serious consequences would occur.
Zoning Ordinance 74-592 Mineral Mining (c)(7): Such removal shall not be conducted so as to “c. Alter the drainage pattern of surface or subsurface waters on adjacent property.”
Zoning Ordinance 74-594 Performance Standards: Prohibits any use that creates any “dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises.”
Clerk Basch added that Mid Michigan Materials was not operating in compliance with its own application materials, which stated regarding the subsurface waters: “Activities at this site will not alter drainage patterns at the surface or subsurface waters in adjacent properties.” Clerk Basch pointed out that MMM asserted in multiple places in their application that they would be doing a closed loop system, such that all water would be retained on site. However, there are multiple instances where evidence shows this is not the case. MMM stated in their materials that they would not be altering drainage patterns at the surface or subsurface. They have done both of those things.
Clerk Basch continued that on August 21 MMM confirmed they did not include on the site plan the discharge pipe that is going into the wetlands on the north side of the property. Even when MMM applied for a permit, they did it from EGLE, and did not notify the Township which, as noted in Planning Commission materials, they were required to do. MMM applied for the permit April 2022, giving them plenty of time to notify the Township.
MOTION by Basch, support by Allison, that the Ann Arbor Township Board of Trustees authorize the Township Attorneys to take legal action to seek redress for the CUP violations, Development Agreement violations, and Township Ordinance violations by Mid Michigan Materials and/or its affiliates at the Vella Pit, and to authorize the Township Supervisor to sign any complaint or legal documents necessary.
Motion passed 7-0.