Copyright M Live Michigan
LODI TWP., MI — Some Lodi Township residents and environmental advocates are urging state environmental officials to deny a luxury housing developer’s requests for permits to impact wetlands and discharge wastewater near Ann Arbor. Despite pushback, Arbor Preserve — North and Arbor Preserve — South, a two-part 107-luxury home gated community, has already received final site plan approval from township officials. The northern portion of development would be located on the east side of Wagner Road between Waters and Scio Church roads. The southern portion would be on the north side of Waters Road east of Wagner Road. But Toll Brothers still needs to secure environmental permits to impact wetlands and discharge treated wastewater into the Rouse drain, a creek that feeds into the Saline River and River Raisin. The first of two virtual public hearings on Toll Brothers’ permit applications to the Michigan Department of Environment, Great Lakes, and Energy was held Tuesday, Oct. 28. EGLE will continue to collect public comments on wetland impacts through Friday, Nov. 7. Related documents and an online comment form are available on EGLE’s MiEnviro Portal webpage for the Arbor Preserve development’s proposed wetland impacts. Toll Brothers has proposed that physical changes to the site will directly impact about 1.6 acres of wetlands. Five stream enclosures totaling about 578 linear feet are proposed. Wetlands would also be impacted by fill material, excavation and site grading. Toll Brothers is also proposing to install two culverts to equalize water levels, as well as boardwalks and stormwater outfall structures. Susan Miller, who owns land “sandwiched” between the north and south portions of the Arbor Preserve development, opposes the project. Miller argued that Toll Brothers has not secured drainage rights from her. Plans include discharging treated wastewater and overflow from stormwater detention ponds onto her property, Miller told EGLE representatives. “Their discharge will greatly damage the delicate flora on my property and will degrade the small stream that now passes through and supports imperiled wooded wetland,” she said. Miller raised concerns over potential flooding on her property, arguing that the stream bed “is generally dry.” She also expressed doubt that her property could accommodate discharges from the housing development. “I have the same property rights that Tolls Brothers has. EGLE should not be giving a permit to damage my land and nature, including endangered species on it,” she said. Jason Iacoangeli, of Toll Brothers, argued that the firm has met requirements related to the drainage area. “We kind of went over all of those issues with the township and their consultants with regard to their zoning ordinance,” Iacoangeli said. He said it was determined that the amount of water that would be placed into the drainage area would be about the same as “a one-year rain event.” “So, we met that requirement,” he said. EGLE officials pointed out that their review focuses on environmental impacts, and disputes over property rights are civil matters. However, EGLE issuing permits “does not override or overrule any needs of other additional easements or other authorizations from additional property owners, if that is needed,” Jeff Pierce, a district supervisor for EGLE, said. Lodi Township resident Suzanne Baccouche was the only virtual attendee to urge EGLE officials to approve the permits. “Toll has worked with the township to lessen the impacts on the wetlands,” Baccouche said. Baccouche also spoke about how Lodi Township Trustee Leslie Blackburn had proposed an alternative plan, which in part would require Toll Brothers to purchase Miller’s land. She made an accusation that it was “an attempt to extort” the firm. In a narrow 4-3 vote Monday, Oct. 20, the Lodi Township Board of Trustees approved final site plans. The approval also involves making a second amendment to a court-ordered consent judgment, which originally arose in 2007 following a legal battle with a previous developer and was amended in 2023. During Tuesday’s hearing, Iacoangeli pointed out that Toll Brothers was bound to a court-ordered consent judgment when they took over the project last year. Toll Brothers worked with the township “to really improve upon the preliminary area plan,” which was part of an amended consent judgment at that time, he said. “We’ve made a really strong effort to reduce the impacts to existing wetlands,” by shifting the locations of some home lots and changing some of the grading to keep stream corridors “largely intact,” he said. James D’Amour, an environmental advocate who has been involved with a local chapter of the Sierra Club and previously served on Ann Arbor’s planning commission, urged EGLE to deny the permit request. The Arbor Preserve development would “disturb high-quality wetlands that form the headwaters of the Rouse drain, which would eventually flow into the Saline and River Raisin basins,” D’Amour said. The site is also located within a wellhead protection area for Ann Arbor’s Steere Farm wells at the city airport in Pittsfield Township, which supplies about 15% of the city’s drinking water, D’Amour said. Disrupting the wetlands and hydrology of the area “could jeopardize a critical public water source,” he said, also pointing out how the Steere Farm wells are “crucial” due to the ongoing issue of the Gelman dioxane plume. Environmental attorney Scott Troia, of the Great Lakes Environmental Law Center, also expressed concern over impacts to the environment and neighboring residents, including people living in a mobile home park adjacent to the project. Troia also argued that Toll Brothers has not shown there is no feasible alternative to building million-dollar homes on wetlands. A different virtual public hearing on the Toll Brothers application for a National Pollutant Discharge Elimination System surface water permit for the two wastewater treatment plants will be held at 6 p.m., Wednesday, Nov. 5. Those interested in attending that hearing can join on Zoom at bit.ly/WRD110525. Preregistration is available through that link but not required. EGLE will continue to collect public comments on that application through Saturday, Nov. 15. View related documents and submit written comments on EGLE’s MiEnviro Portal webpage of the Arbor Preserve wastewater project.
