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The city had given the green light to the marina project, as well as to the land-based, two-acre condominium development.

The city did not object to the length of the 727foot marina docks that would have extended into Lake Charlevoix, and it approved of the private marina boaters right to cross over into the public's riparian (water) area when coming and going in their boats.

"The city gave away everything," area resident Vasco Zucchiatti said. "They gave the developers everything they wanted. They didn't listen to the public."

Resident Marty Moody said the denial of the marina "made my day," and he praised the MDEQ. "Hooray for the DEQ for listening to the public, something we can't get our city commissions to do," Moody said on Monday.

"There is major fish habitat in the area, the developers know it, but you're not going to get a developer to ever say so."

Fish might use the docks for shade, but not for habitat or spawning because of the activities of the boats, Moody said.

In its determination, the state found that the project as proposed would have significant adverse impacts on the public trust and the MDEQ's July 5 denial letter stated in part:

"Your proposed dockage configuration does not have sufficient room for ingress/egress within your own riparian interest area... . Although the City of Boyne City, in their letter dated Nov. 22, 2006, stated that they have no objections to the transient use of the City's riparian area, the preferred method of addressing this would be through an easement that would run with the property deed."

MDEQ further pointed out that Harborage Condominiums Association, the riparians on the opposite side of the project, provided no authorization for usage of their RIA for ingress/egress.

Another state department, the Department of Natural Resources, objected to the project "because of the impact on the public's right to navigate and fish on all navigable waters."

MDEQ and other state agencies received more than 150 comments. Most of them pertained to adverse impacts to the public trust, specifically the right to navigate and fish on Lake Charlevoix.

Telephone calls to the city and to the developers were not returned by press time.

The developers have a right to appeal within 60 days. The MDEQ also suggested that dockage be reduced in any alternative plan.

Owner of One Water Street Investments LLC, Greg Krueger of St. Clair Shores, and developer, Jerry Rutter of Elk Rapids, had planned to build a 24-slip marina and an additional 379-feet of broadside dockage to accommodate 10 boats. Plans called for docks up to 704-feet in length.

The marina plans were part of the One Water Street development project that includes condominium residences, retail shops and other businesses on the Lake Charlevoix waterfront downtown.