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ELK RAPIDS - A recent letter from a property owner to the Department of Environmental Quality reveals a new twist in the case of an alleged wetland violation in Elk Rapids Township.

An April 17 letter from Dorance Amos to DEQ District Representative David Jentoft claims the site Amos wants to use as a Farm Access Road was specifically deeded for use as access to the 194 acres of property.

In regards to access to the property, a copy of the 1973 warranty deed reads: "plus a strip of 50 ft. wide along the North-South 1Ú4 line measured on the Westerly side of said line from the Northeast corner of the above description to the Southerly boundary of Birch Lake Road (n/k/a Williams Road) as an access to the said road."

Amos also maintains in his letter that the access road is eligible for an agricultural exemption under Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, saying that the Williams Road access is the only "feasible and prudent alternative" to US-31, his first choice.

US-31 cannot be used because of it's designation as a "Limited Use Highway."

ÊÊ Previously, Jentoft had ordered the wetland area completely restored by June 1 because other accesses to the property exist along Cairn Highway.

"We believe that adequate access is currently available should you wish to begin actively farming some, or all of the property," Jentoft wrote in a March 12 letter to Amos.

But Amos contends that the Cairn Highway access presents both environmental and safety issues. The farm site is bisected by a bluff line that would have to be disturbed to construct any type of access road, he writes in his letter, and the sandy beach-dune soil will not support a service road.

"Such a service road would only further disrupt the reasonable, feasible and prudent agricultural operation," Amos wrote.

Amos' letter also states his belief that the access road be as close to US-31, the main transportation route for farming operations, as possible. The Williams Drive access road would save on fuel consumption and minimize traffic in residential areas among other things, he said.

Work on the Williams Drive access road began in the early fall of 2007 but was halted in December after Jentoft issued a notice of violation. The alleged violation was first noticed by Antrim County Soil Erosion officer Heidi Lang in November when she was driving by in her car and noticed stumps had been removed from the site.

The DEQ will continue to investigate the case, Jentoft said.

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