MICHIGAN EGLE ORDERS IMMEDIATE STOP TO CITY OF BUCHANAN CONSTRUCTION

By DEBRA HAIGHT
BCR Correspondent
BUCHANAN, MI –  A mid-August EGLE inspection of the downtown infrastructure project in Buchanan found that sediment had been improperly released into McCoy’s Creek after a rainstorm. Construction crews had not put the required safeguards in place at some locations to prevent sediment from the infrastructure work from going into the creek. EGLE, or the Michigan Department of Environment, Great Lakes and Energy, issued a notice of violation to the city of Buchanan. According to local reports, the construction was ordered to stop immediately to fix the issue. The city has since complied with the notice of violation, and regular photos are required to be submitted to EGLE to prove compliance.
Ann Gilchrist of the Kalamazoo District EGLE office wrote to the city on Sept. 2 about her office’s Aug. 18 inspection and issued a violation notice. She reported that officials observed sediment laden stormwater discharging from the construction site into the creek and that stormwater catch basin “inserts” required to catch the sediment were not in place.
The EGLE notice of violation letter stated that the inspection log for the project indicated that the silt sacks or inserts were installed on June 1, although they were not observed during the Aug. 18 inspection.
Photos and information provided by EGLE indicated an “unnatural turbidity” in the creek looking down from where the creek goes under Front Street. Directly above the creek on Front Street, the EGLE staff observed the stormwater catch basis without the protective inserts discharging into the creek.
Another catch basin on Front Street was observed with a piece of wooden plywood being used as an inlet protection. EGLE staff noted that the wood floats in stormwater which allowed sediment laden water to enter the creek. Similarly, catch basins on Oak Street did not have the proper inlet protection inserts.
The EGLE report noted as well that catch basins on Main Street just outside of the project area also did not have the proper inserts to catch sediment. Catch basins on Red Bud Trail had filter fabric sheets to catch sediment which EGLE officials said are not generally considered acceptable.
Gilchrist noted that while the unlawful discharge had ceased and catch basin inserts had been put in place since then, there was still a concern about inadequate inspection logs relative to documentation concerning required safety measures.
Gilchrist asked for a response from the city by Sept. 25 and City Manager Tony McGhee said this week that the city did respond on Sept. 18.
That letter acknowledged the EGLE violation notice and that corrective action had been taken about the unauthorized discharge, the installation of catch basin inserts and the maintenance of adequate inspection logs.
“The City of Buchanan is committed to maintaining compliance,” McGhee wrote in the letter. “… We appreciate EGLE’s cooperation and guidance as we complete this important infrastructure project.”
McGhee said this week that most of the required silt sacks or inserts were installed in stormwater basins in the construction area. He estimated that there are around 100 stormwater catch basin inserts around the downtown with only a handful missing.
“It is unfortunate but not uncommon for this to happen,” he said. “We do not know that there were none there initially, just that they were not there at the time of the inspection. They may have been in and removed while work was being done on that structure and not reinstalled. It would be speculation to guess.”
He said that there is no way to know what if any damage the silt release caused the creek. “The issue cited was for the silt sacks not being in, not for damage to the creek,” he said.
He stressed that EGLE did not impose any fine on the city, issuing only the violation notice. He said corrective measures were immediately taken by the contractor and no future discharges have been observed. He said the city is committed to maintaining compliance with regulatory requirements.
McGhee noted that the overall stormwater quality management for the downtown area will be much improved after the project is completed as new stormwater separator units will be able to better filter and clean stormwater from the downtown.