GRAND RAPIDS (WWJ) — A Northern Michigan man has been convicted of federal misdemeanors at the Sleeping Bear Dunes National Lakeshore after intentionally diverting the Platte River and causing damage.
U.S. Attorney for the Western District of Michigan Mark Totten announced Thursday that Andrew Blair Howard of Frankfort was convicted of one count of tampering and one count of vandalism in connection with the August 2022 incident.
Howard, 63, had “a policy dispute” with the National Park Service and “took matters into his own hands, breaking the law rather than using lawful means to advocate for his position,” according to Totten. Officials did not elaborate on the exact nature of his dispute.
“His actions resulted in significant financial and ecological harm and altered the landscape so many enjoyed. Today and always my office commits to protect Michigan’s natural treasures,” Totten said.
The Platte River flows through the Sleeping Bear Dunes, along the northeastern shores of Lake Michigan, near Frankfort, before flowing into the lake. It is a big summertime draw for tourists and outdoor enthusiasts, with many paddlers, tube floaters and beachgoers drifting down the river.
In August of 2022, according to Totten’s office, National Park Service law enforcement officers investigated reports of a diversion of the Platte River near its mouth. On Aug. 15 of that year, officials say Howard used a shovel to dig sediment and rocks from the river basin and stacked large rocks on a dam to “divert the river’s natural water flow toward a newly created channel out to Lake Michigan, contrary to a decision by the National Park Service to let the river follow its natural course.”
That diversion created an unauthorized access point for large boats to enter Platte Bay. Within days, “the natural power of the water and the dam caused the new channel to reach approximately 200 feet wide,” officials said.
The above photo on the left, taken in May of 2022, shows the natural flow of the Platte River, running parallel to Lake Michigan. On the right, the aerial photo of the same area shows what it looked like three days after the diversion, with the channel emptying directly into Lake Michigan.
In a bench trial, federal Magistrate Judge Ray Kent convicted Howard of two counts: one count of tampering (Count 1) and one count of vandalism (Count 2), under Title 36 C.F.R. § 2.31(a)(2) and (3) respectively, which “provides for the proper use and protection of natural resources within areas under the jurisdiction of the National Park Service.”
Kent ruled that Howard “intended to and in fact did divert the flow of the Platte River into Platte Bay.”
“The National Park Service appreciates the support of the U.S. Attorney’s Office in enforcing the laws that help protect this place for future generations.” said Superintendent Scott Tucker.
The National Park Service investigated this case. Assistant United States Attorney Lauren F. Biksacky prosecuted it on behalf of the United States.
Authorities did not immediately release any sentencing information or specify what punishment Howard will face.