(WXYZ) — Wetlands play a crucial part in helping to prevent severe flooding. In Wayne County, there are less than 10% of wetlands remaining and now one group of neighbors is trying to stop a developer from building a concrete crushing facility on a wetland site that’s literally in their backyards.
Watch Heather Catallo's investigation below:
Neighbors in Wayne say they are worried not only about losing a very old wetland that’s next to their homes; they’re also terrified of breathing in the dust from the concrete crusher that’s in the planning stages of being built next door.
Many neighbors say they’re used to lush green trees, wildlife and the peaceful sounds of birds.
“It’s nature. I bought my house based on where my kitchen window was located. I can look out my kitchen window, out into the forest and out into nature. And that was a huge selling point for me,” said Cheryl Bauman.
Bauman has lived in Wayne for 5 years.
“I see a variety of birds. There are bats, deer, mallards, squirrels,” said Bauman.
Bauman says that’s why she was devastated to find a notice at her home back in 2022, alerting her that the owner of the property behind her house wanted a zoning variance for a concrete crushing facility.
“My first thought was my nature is going to be disrupted and destroyed,” Bauman told 7 Investigator Heather Catallo.
Bauman says she and her neighbors went to several city zoning, planning and council meetings, but the Wayne City Council approved the plan with a 6-1 vote in 2022. The only council member to vote ‘no’ was Alfred Brock.
Bauman and her neighbors say they were disappointed the rare wetlands next door would be developed, but then all was quiet for nearly 3 years. Until late March when suddenly trees started getting knocked down.
“It was very upsetting. I was in tears honestly,” said Bauman. “We’re hearing that sawing, and we’re hearing those large trees crashing down in our quiet neighborhood. Deer were running around like they didn’t know where to go because their home is being destroyed.”
So Bauman and her neighbors mobilized again, this time calling the state’s department of Environment, Great Lakes, and Energy (EGLE).
“This was all cast in stone by the city. Every permit has been issued for this site but the wetland permit,” EGLE Wetland District Supervisor Andrew Hartz told neighbors in early April. “So everybody’s said ok to this.”
Hartz told the 7 Investigators that the owner of the site, Anthony Calo’s Van Born Investment LLC, has thus far been told the company cannot build on the wetlands. Their current proposal is under review.
“Any wetland that’s left in Wayne County is important. This is their third permit application through EGLE, so they’ve sharpened their pencil twice and come back to us with a new plan. The original plan was to destroy more than an acre of wetland, and that plan now is down to about a third of an acre of wetland,” said Hartz.
But Bauman says the wetlands are not the only thing that neighbors are worried about. In order to comply with recommendations for bat migration patterns, federal officials say tree cutting on the property had to be done by April 15.
In a statement from the US Fish and Wildlife Service, they said “we consider the potential for project activities to affect listed bats in the first two weeks of April to be unlikely.”
But Bauman says they have recorded recent bat calls from before April 15, which she believes proves many bats are already back and neighbors fear a federally protected species will be harmed by the loss of so many trees.
“Bats have an internal honing, and they go back to where they were born to raise their young. We know they come back in the spring,” said Bauman.
Neighbors say they are also worried about the potentially toxic dust that the concrete crushing operation is expected to create.
“I'm concerned about everything,” said Teresa Parks, who lives nearby.
“It's going to destroy my property and it's going to really put a burden on me and my family's health,” said neighbor Vincent Harder. “My biggest health concern is the asthma and just the dust that we're all going to be breathing in.”
WATCH: Extended interview with neighbor Vincent Harder on the wetlands development
Harder says he and his young son both suffer from asthma, and he fears they will need to stay inside any time the concrete crushing operation is underway.
“What's going to happen to their quality of life and the impact on the air and their health,” said environmental activist Theresa Landrum. “I mean they're not going to be able to open their windows and enjoy the fresh air that they're used to.”
WATCH: Extended interview with Theresa Landrum: "Put people over profit."
Calo owns two other concrete local crushing facilities, including Dino-Mite Crushing and Recycling in Detroit. Since 2021, the city has issued about 130 tickets for things like dust control and unsafe building conditions. Last fall, the company and Detroit reached a consent agreement which dismissed the tickets and created ways to get the facility into compliance.
Attorney Gary A. Peters, who represents Van Born Investment LLC, told the 7 Investigators that their consultants found that the dust emissions on the Detroit site were “consistently within the acceptable ranges.”
As for the Wayne site, Peters says the facility will provide 36 new jobs and he said the state air permit has already been approved. For their revised wetland permit application, Peters says they expect that the state will agree with the significant changes they’ve made to their site plans.
While EGLE officials will soon hold public hearings on whether to grant that wetland permit, neighbors tell us they wish this facility could move somewhere else.
“I'd like the developer to reconsider the location. I'd like him to consider the residents' lives that he's impacting,” said Bauman.
In a statement, Wayne Mayor John Rhaesa told the 7 Investigators,
“This project was brought to the City of Wayne in 2022. A Special Exception was granted for the use (concrete recycling facility) as it was not a listed use in our Zoning Ordinance. Two variances were granted for the site, the first being the height of stockpiles to 60ft. and the second being for allowing certain areas of the property to remain gravel. Numerous items were discussed during the approval process such as, dust mitigation, traffic control, noise monitoring, hours of operation, air quality monitoring, storm water management and wetlands. Both the Planning Commission and City Council approved this project. Any citizen concerns made to the City have been passed on to the property owner. They are now working with EGLE to obtain the necessary permits to develop the site.”
This summary was provided by attorney Gary A. Peters who represents Anthony Calo’s Van Born Investment, LLC:
Van Born Investment, LLC
3727 Van Born Road, Wayne, MI Site
Summary of Project and Site Approvals Obtained to Operate Facility
Van Born Investments and its owner Tony Calo proposed to the City of Wayne to develop a 21+ acre site, located in a majority IND-2 Heavy Industrial District, into a state of the art, environmentally conscience “concrete recycling” facility. The high-tech machinery to be used at the site converts stone from quarries and concrete from local demolition projects into useful materials such as specific sizes and quality of stone and gravel used for road work and other local construction projects. The recycling facility will initially provide 30 full-time on-site jobs and support 20 trucking jobs.
The total land acquisition & site development costs exceeded $4 million, with the projected creation of 36 new jobs with an annual yearly payroll exceeding $1.75 million. To support this project, Van Born Investment sought and obtained approval in 2022 from the City of Wayne for the project, including the City of Wayne site planning approval and zoning approval. In addition, and per the City of Wayne’s municipal ordinance, all concrete recycling machinery will be located at least a minimum of 500 feet from any residential structure.
In addition to the local approvals obtained, Van Born Investment also obtained approval for an air permit from the Michigan Department of Environment, Great Lakes & Energy (EGLE) by letter dated November 29, 2022. This approval was for the operation of the facility pursuant to the terms and conditions of General Permit No. 151-22, which approves and controls the facility’s air emissions to acceptable limits. Both the state air permit and local permits were subject to public notice.
The only outstanding issue relates to the wetland permit application submitted to EGLE. The original wetland permit application was denied by EGLE by letter dated November 13, 2023. Howard & Howard Attorney subsequently appealed that decision on behalf of Van Born Investment by filing a contested case hearing. The appeal is still pending because Van Born Investment prepared a revised wetland permit application that reduced the amount of the impacted wetlands from 1.35 acres of wetland to less than 1/3 of an acre. That permit application is considered significantly different from the prior application and has been submitted to EGLE for review. Certain additional items were requested by EGLE to assist in its “application completeness” determination. We expect that application to be accepted by EGLE, which will trigger all the public notice and comment periods applicable to EGLE’s review and approval of the wetland permit.
Once approved, the City of Wayne will issue the building permit and occupancy permit to allow construction of the facility to proceed. The goal of the project is to turn an abandoned industrial site into a viable business, thus preventing any further deterioration in the surrounding community. The jobs created along with the revenue from property and income taxes will be a direct benefit to the City of Wayne and improve the social and economic well-being of the surrounding community. The community also will be adequately protected by the company’s compliance with the environmental permits and approvals obtained for the operation of the facility.
It is important to note that Van Born Investment and Tony Calo also have a proven history of compliance with their environmental obligations in operating similar facilities. For example, by letter dated April 12, 2022 (attached hereto), Mayor Gary Whittaker of Salem Township wrote to the Township’s Zoning Board of Appeals members highlighting the commitment of Mr. Calo and his compliance with all environmental issues and concerns. The Mayor’s letter concluded by noting that while the community was initially opposed to the site at the outset, the community realized that the facility is not a threat to Salem Township and, as a result, the community no longer opposes the facility.
In addition, on October 25, 2022, the City of Detroit Buildings, Safety, Engineering and Environmental Department (BSEED) issued a notice of intent to revoke the land use agreement of Green Valley Properties, LLC, a Tony Calo entity. That Notice was appealed, Hearing Officer Seth R. Doyle III denied the City’s request. Green Valley’s technical consultant testified that she conducted quarterly fugitive dust emissions testing on the site. Her test data was based on a scientific process, known as Method 9 testing, which according to both BSEED and GREEN VALLEY, is the scientific standard for dust emissions testing. Evidence and testimony regarding GREEN VALLEY testing data, going as far back as March 2022, clearly showed that dust emissions on the site were consistently within the acceptable ranges. BSEED failed to present its own emissions testing data to the Court. Based on the testimony and evidence proffered, the Court found that GREEN VALLEY did take reasonable steps to keep dust down on and around the site.” Hence, the hearing officer concluded that “Green Valley’s operations did not pose a risk to the public safety health and welfare to the community.”