Great Lakes Exploration Group LLC v. Unidentified Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, The

Filing 9

BRIEF in support of 8 Motion to Intervene filed by Michigan Department of Environmental Quality, michigan department of history, arts and libraries (Attachments: # 1 Proposed Order Granting Motion to Intervene# 2 Proposed Document Motion to Dismiss# 3 Proposed Document Affidavit of Wayne Lusardi# 4 Proposed Document Lusardi Exhibit A# 5 Proposed Document Brief in Support of Motion to Dismiss# 6 Proposed Document Order of Dismissal# 7 Proposed Document Affidavit of Thomas Graf# 8 Proposed Document Graf Exhibit A) (Piggush, James)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN Northern Division GREAT LAKES EXPLORATION GROUP LLC Plaintiff v. The Unidentified, Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, her tackle, apparel, appurtenances, cargo, etc. located within a circle having a radius of 3.5 statute miles, whose center point is at coordinates 45° 32.8' North latitude and 86° 41.5' West longitude, In Rem Defendant. and MICHIGAN DEPARTMENT OF HISTORY, ARTS AND LIBRARIES AND MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, Intervening Defendants ______________________________________________________________________________ AFFIDAVIT OF THOMAS P. GRAF IN SUPPORT OF MOTION TO DISMISS STATE OF MICHIGAN COUNTY OF INGHAM ) ) ) Civil Action No. 1:04-CV-375 HON. ROBERT HOLMES BELL

Now comes Thomas P. Graf, and being first duly sworn, states:

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1.

I am employed by the State of Michigan, Department of Environmental Quality,

where I am responsible for administering the State of Michigan Great Lakes Submerged Lands management program. 2. My duties with the Department include review of permit applications to dredge,

remove material, fill, alter or modify Great Lakes bottomlands, which are required by Part 325, "Great Lakes Submerged Lands," MCL 325.32501, et seq., of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.101, et seq., and by Michigan Administrative Code, R 322.1001, et seq. 3. My duties with the Department also include co-administration of Part 761,

Aboriginal Records and Antiquities," of NREPA, Michigan's submerged cultural resources program, coordinating with the Department of History, Arts and Libraries, Office of State Archaeologist. In this capacity, I evaluate impacts of proposed recovery activities on shipwreck sites through an underwater salvage permit application review process. 4. I have reviewed the amended complaint filed in this action and I am familiar with

the civil action brought by Fairport International Exploration, Inc. concerning the Captain Lawrence, WDMI # 94-00164. 5. Attached as Exhibit A is a copy of a portion of the U.S. Department of

Commerce, National Oceanic and Atmospheric Administration National Ocean Survey nautical chart #1409 for northern Lake Michigan in the vicinity of Poverty Island. On it I have drawn a large circle to represent at map scale the location of the unknown vessel, as alleged in the complaint in the present action. I have also drawn a smaller circle at map scale to represent the purported location of the Captain Lawrence, as described in the earlier litigation.

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6.

The Lake Michigan bottomlands within the area described by the complaint were

not patented by the United States before statehood, and Michigan claims them as state lands from the time of statehood. 7. Neither Plaintiff, Great Lakes Exploration Group LLC, nor Steve Libert nor any

recognizable representative of the Chicago Field Museum has requested a permit to dredge, remove or place any material on or within Lake Michigan bottomlands, nor has any such person requested a permit to recover any abandoned property associated with any shipwreck in the described location. FURTHER, AFFIANT SAYETH NOT. ______/s/________________ Thomas P. Graf Subscribed and sworn to before me this _________ day of _____________, 2004 ______/s/______________________________ _________________________ Notary Public ____________________, County, Michigan My Commission Expires: ________________
s:nrd/ac/cases/open/great lakes exploration 04ag/AFFIDAVIT GRAF

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