Introduction and History:

Crystal Lake is located in Benzie County, and is the 11th largest inland lake in Michigan at approximately 9,869 acres in size and approximately 20.8 miles of shoreline. Safe and accessible boating access is greatly needed on Crystal Lake. Currently, boaters can launch from only one public boat launch on the entire lake, which is located in Beulah, Michigan. Unfortunately, this launch is small , and is susceptible to strong winds across the lake, which limits boating access. The ramp structure is substandard, there are no designated parking spaces, and no barrier-free access. The only other access to the lake has been through riparian properties, and individuals able to launch and retrieve their boats within the constraints of the existing Beulah boat launch facility. Public access to Crystal Lake is also available at road endings, but road endings do not provide adequate room for launching and retrieving of various boats. In addition, road endings do not provide for the public ownership of facilities. Property owners own to the center of the street and down to the water; therefore, any facilities built to provide any minimal type of boating access will be restricted to the judgment of the property owners.

In response to Crystal Lake's boating access needs , the Michigan Department of Natural Resources (MDNR) purchased two contiguous parcels of property from the Denton family, one in June 1996, and one in January 1997. These combined parcels are commonly known as the Outlet Property, and are located on the south side of the lake. The MDNR's long term goal for this property was to build a boating access site. However, while the site provides public access to the shoreline, it was later found, after careful review, that the site has some constraints. This was due to the presence of significant wetlands and that potential maintenance dredging to create minimum water depth would be necessary. In August 2000, the Grand Traverse Regional Land Conservancy asked the MDNR to investigate other sites, based on local interests. In 2001, the MDNR was contacted by the Land Conservancy about a piece of property located south of the Outlet Property near the intersection of M-115 and Mollineaux Road. After careful evaluation, the MDNR purchased the land in May 2002, from owner Howard Labadie. This site offered an opportunity for boating access with less than 0.5 acres of wetland identified. Additionally, dredging was less than what was needed at the Outlet Property.

After the Labadie property was secured by the MDNR, M.C. Smith and Associates was contracted in June 2002, to perform design work for a boating access site. In that same month, M.C. Smith hired Northern Ecological Services, an environmental consultant, to conduct a wetland delineation of the site. In July 2002, the Michigan Department of Environmental Quality (MDEQ) reviewed and approved the environmental consultant's designated wetland boundaries.

After M.C. Smith developed a conceptual plan, the MDNR held public meetings on August 6, 2002 in Benzonia, and on October 22, 2002 (Benzie Central High School Auditorium). Approximately 125 people were in attendance at each meeting to view the plan presentations and to make comments. Issues that were raised included permitting, trail relocation and crossing, invasive/exotic species, proximity of project elements to neighboring properties, the project size such as parking space numbers, environmental factors, and operation and enforcement concerns. Design revisions followed to address these public comments. Some of the changes included reducing the amount of paved vehicle/trailer parking spaces and converting them to overflow parking with a gravel surface, vault toilet relocation, changing the approach to the barrier-free spaces near the maneuver area, removal of the boat prep-lane near the maneuver area, and relocation of the trail crossing the site. On May 13, 2003, M.C. Smith and Associates met on site with both the Michigan Department of Transportation (MDOT) and the Benzie County Road Commission. M.C. Smith had met with them previously during the Master Planning Process in summer 2002, so both were familiar with the project. In the May 2003 meeting, discussion occurred regarding the project, in particular, the r oad realignment portion of the project. Both the MDOT representative and the Benzie County Road Commission representative said they were in favor of the project.

In June 2003, a consultant, Soils and Structures, Inc., performed soil borings. Soil Erosion and Sedimentation Control plans were also reviewed in June by the Michigan Department of Management and Budget (MDMB). In August, final road/intersection design was submitted to MDOT and the Benzie County Road Commission for their reviews. The Parks and Recreation Division (PRD) stewardship staff reviewed the site in August as well, reporting that no threatened or endangered species were found on site. In October, the MDNR submitted a permit application to MDEQ for dredging, mitigation construction, storm water filtration system, backfill, vault toilet construction, paving, launch construction, dock construction, culvert installation, and shoreline rip rap. In January 2004, an MDEQ public notice for permit was placed on the DEQ Calendar. Notice was also sent for publication in the Benzie County Record Patriot. Several stakeholders, including local citizens and local legislators, were notified as well. This was followed by an MDEQ public hearing on February 25, 2004, at the Benzie Central High School auditorium where approximately 250 people attended. The MDEQ performed a thorough permit review, which included evaluating all public requests and comments of concern, both written and oral. Some of these comments included concerns for exotic species introduction, and that a smaller launch should be constructed to reduce dredging, runoff, erosion, and other environmental problems. Another issue that came up was crossing the Betsie Valley Trail and a possible conflict with the county zoning rules. A permit from the DEQ was issued for the project on May 25, 2004. This permit included 0.6 acres of wetland mitigation to be located on the Outlet Property. After issuance of the permit, the bidding process was to begin.

On June 1, 2004, the Crystal Lake Property Rights Association filed suit against the MDNR and Benzie County. T he lawsuit involved the following four counts:

Count I - Violation of Act 183 and Procedural Due Process

Count II - Violation of Substantive Due Process and Equal Protection

Count III - Violation of Bigelow Judgment

Count IV - Violation of Betsie Valley Trailway Ordinance

In July 2004, through the MDNR, the Attorney General's office brought a motion for Summary Disposition. The Attorney General's office advised the MDNR not to begin construction until the litigation process was resolved, so initiation of the bidding process was halted. Soon after that a fifth count, "Violation of Michigan Environmental Protection Act", was added. All five counts were brought against Benzie County and the MDNR in November, 2004.

On May 12, 2005, the five counts were reviewed in Benzie County Circuit Court in Beulah, Michigan. Counts I and II were dismissed. In July 2005, the MDNR was served with the Plaintiff's First Interrogatories and Request for Production of Documents. The requests were responded to and the documentation, including sets of plans, were sent. Since that time, the court has re-heard MDNR's motion on Counts III and IV, and supplemental briefs have been filed. In addition, the issuance of the MDEQ permit is being contested through an MDEQ Administrative Hearing. As for Count V, the parties agreed that the court would allow the MDEQ administrative contested case to proceed, and would keep jurisdiction to review that hearing process, if requested.

Crystal Lake FAQ's and Current Status

Crystal Lake Site Plan