Photo by Megan Taylor

Dorance Amos and his mother-in-law, Daisy Pollister, believe they had all the necessary permits to build an access road from Williams Drive to their fields, which they plan to convert back to farmland and orchards.

"I've been kind of in a state of shock," Amos said. "We've always worked with agencies to get the proper permits."

The project started in late November 2007, after the family decided to put the 194 acres of farmland, one of the biggest parcels in the township, back into full production.

David Jentoft of the DEQ issued the violation on Dec. 10. At the heart of the issue is the access road to the north part of the property. According to Jentoft's notice of violation, construction of the road removed topsoil in a .17 acre area of regulated wetland and placed fill and a culvert in that same .17 acre. According to Jentoft, this is a violation of Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act.

Amos believes otherwise. The Antrim County Soil and Erosion Office was aware of the project and on site at several times, he said. He also received an after-the-fact permit from Antrim Soil and Erosion's Heidi Lang, as well as an Antrim County Road Commission Commercial Driveway Permit.

"I was advised that the area in question was not, and I continue to believe it is not, a critical wetland and that I had all the necessary permits," he wrote in a response to the DEQ's initial notice of violation. Even if they are wetlands, Amos said, an exemption exisits for farm access roads. "That was the obvious access to the parcels," he said. Jentoft disagrees, saying that the area is wetlands and that the farm road exemption does not apply in this case.

"We issued the notice of violation because it appears that it is a wetland," he said.

On January 4, Jentoft requested a site plan distiguishing areas where cultivation and crop harvesting took place from those that were not maintained. He also said that other access roads to the property made the one along Williams Drive unnecessary.

"Construction of a farm road is not exempt if there is and alternative access location that would eliminate the need to impact the wetland," he wrote. "Also, stockpiling soil in regulated wetlands is not an exempt activity."

"It's a complicated issue," Lang said. "The laws are not clear one way or the other.

"It's important that we nail this thing down. Farmer's need to be clear on wetland issues."

Several groups agree with Jentoft's assessment and have written letters to the DEQ asking that the wetlands be restored. Among them is the Birch Lake Association.

"Our preference would be for it to be restored to its natural state," William Holland, Vice President of the Birch Lake Association, said.

The association is concerned that the road could possibly impede the flow of water into a culvert that flows under Williams Drive and into the lake. With water levels in Birch Lake already at their lowest on record, the access road could threaten the lake even further, Holland said.

"We are very concerned with this, it's a wonderful lake," he said. "There appears to be other access points, they don't have to go through a wetland to get in there."

The Birch Lake Association is also worried that the water flowing into the lake could pick up contaminates from the renewed farming operations on the property. A sewer system around the lake keeps it very clean, Holland said, and the runoff could affect the lake's quality.

At the Jan. 14 meeting of the Elk Rapids Township Board, of which Amos is a member, Holland requested that the board write a letter to the DEQ requesting the area be restored to its natural state. In the end the board decided to send a letter asking that the process be expedited.

Despite the controversy, Amos hopes the issue is resolved quickly.

"I'm a fourth generation farmer and I've never faced a situation like this," he said. "I firmly believe this is my right to build on that property."

Brian Keilen can be reached for question or comment at bkeilen@michigannewspapers.com or by calling 231-264-9711.