The River Trails project will pursue seven larger lots in a revised first phase after the Department of Environment, Great Lakes and Energy said it would not grant a variance request for elevated levels of uranium found in the groundwater. Garrett Neese/Daily Mining Gazette

PORTAGE TOWNSHIP — A developer proposing to build a housing development near Michigan Technological University plans to shift to larger building lots under a less restrictive rule after what he described as an impasse with the state agency regulating it.

Don McLean’s River Trails condominium project was intended to begin with a first phase of 37 homes on the 126-acre property, followed by another 10.

He has run into issues with the Department of Environment, Great Lakes and Energy surrounding elevated levels of uranium found in the groundwater surrounding the property. Well samples at neighboring properties showed levels between 18 and 97 micrograms per liter. The 30-microgram level is considered safe for drinking.

McLean had sought a variance that would allow the levels if homeowners install reverse osmosis systems for filtration, which the Western U.P. Health Department has approved in similar circumstances.

McLean and three Houghton County commissioners talked over Zoom last month with EGLE staff, whom he said informed him EGLE does not recognize the systems. Instead, McLean said, EGLE again asked the project to be connected to a municipal water system, which McLean said would cost about $2.5 million.

EGLE has also requested McLean drill additional test wells, which McLean rejected.

“If we go and do three test wells, we’ll be in the same spot in six months, because we’ll have uranium and you’ll say no,'” he said.

McLean’s attorney had a follow-up conversation with EGLE’s chief deputy director, who reiterated no variance would be granted for levels about 20 micrograms per liter, McLean said.

McLean said he is in talks with Portage Township about filing seven lots of property under the Land Act, which does not have the same well and septic regulations.

“If we can’t get some change down the road, then we’ll file the balance under the Land Act as well,” he said. “…What we’re trying to do is take our corner of the 40 acres, which included the open space, and that would be the first seven lots, and trying to preserve the balance of the land plan in case there’s some rational thinking on the part of EGLE.”

If he continues filing the lots under the Land Act, McLean would wind up with somewhere between 15 to 18 parcels, versus the 47 originally planned.

“It’s pricing out the locals, I would say, or any affordable or obtainable housing, unfortunately,” he said.

After the initial meeting with Portage Township, revised survey and platting work is underway for the larger lots, McLean said. He estimated that would take two to three months.

“I just think it’s tragic, that again going back to the letters of support from WUPPDR, from KEDA, to the university, to the commissioners, to the township, they’re all just disregarded, and I think that’s the unfortunate element behind this,” he said.