OPINION
ENGEL, District Judge.Plaintiffs Hendrickson are taxpayers and property owners in Leland, a small community on the shores of Lake Michigan in Leelanau County, this district. In this action they seek to enjoin the further planned expansion of Leland Harbor by the state defendants and those acting under them. They invoke the original jurisdiction of this court under the Constitution and laws of the United States and the pendent jurisdiction of the court with reference to certain claims against state defendants.
The court makes an initial and preliminary determination of subject matter jurisdiction under 28 U.S.C. § 1331(a).
Defendants are the Michigan Department of Natural Resources and two of its agencies, the Water Resources Commission and Waterways Commission as well as the Waterways Commission’s director. Also made a defendant is the Corps of Engineers of the United States Army, as issuer of the permit under which the planned expansion is going forward.
' Plaintiffs allege that prior to 1968, Leland Harbor and adjacent town were unpolluted and the area “was one of the most attractive and picturesque small village lakefront areas in the Middle West”; that in 1968 defendants through concerted action constructed the present boat launching and docking facilities in Leland, that in doing so they altered and destroyed much of the natural beauty of the area; that the project as completed attracted many people to the area causing over-utilization of the facilities, disrupting the status quo of the area, precipitating a breakdown of the septic system installed by defendants and polluting the surrounding environment.
Plaintiffs further contend that defendants now contemplate expanding the present facilities even further; that if such expansion takes place, plaintiffs personally as well as the class they seek to represent will suffer similar irreparable injuries. Thus this suit was initiated to block further expansion projects affecting the Leland harbor area.
Plaintiffs charge the defendants with failure to comply with federal and state anti-pollution laws. Included are allegations that defendant Corps of Engineers has failed to comply with the provisions of the National Environmental Policy Act, 42 U.S.C.A. § 4321 et seq.; and that the leasing agreement, under which the *868State Waterway Commission is now operating and pursuant to which the Commission seeks expansion of onshore facilities, is void for failure to comply with state law.
On February 12, 1973, this court held a hearing upon plaintiffs’ motion for preliminary injunctive relief. At that hearing the parties submitted documentary and testimonial evidence in support of their respective positions. The parties were given until March 7, 1973 to present further briefing on the legal questions presented by plaintiffs’ motion.
The issue now before the court is whether a sufficient showing. has been made by plaintiffs to warrant the granting of preliminary injunctive relief which will maintain the status quo until the court has had the opportunity to hear the matter on the merits and to consider more fully the many potential legal and factual issues which are raised.
If the position of the plaintiffs is ultimately correct, the court is satisfied that the proposed action of the defendants could cause irreparable injury for which there would be no adequate remedy at law or otherwise after the fact. The facts indicate that defendants do intend to commence the proposed improvement and expansion in the near future and before the court could hear the matter on the merits. At least one of the issues is whether the Army Corps of Engineers should have prepared an environment impact statement pursuant to 42 U.S.C.A. § 4332 before issuing the permit for the work. Defendants admit no such statement was prepared, but claim that the project involved here is not a “major federal action” significantly affecting the quality of the human environment. 42 U.S.C.A. § 4332(C). Although the Corps of Engineers itself will not be making the improvements, its prior permission is an essential condition. The proofs at the hearing show that in fact a contract has been let for the expansion of harbor facilities for a total cost of $81,300.00 to commence as soon as practicable and to be completed by June 15, 1973. Although the community and harbor are small, the court cannot say that in the context here and without further investigation into the facts and circumstances that the proposed action does not amount to a major federal action.
Without making any final determination on the issues, suffice it to say that a sufficient showing has been made to warrant preliminary relief, especially in view of irreversible nature of the proposed work and in view of the policies and goals of Congress as expressed in the National Environmental Policy Act of 1969. 42 U.S.C. § 4331(a).
The court will make every reasonable effort to bring this matter promptly to a conclusion so as to minimize any consequences to the defendants which may later be shown to have been unjustified and it is expected that the parties will promptly prepare themselves for a hearing on the merits at the earliest available opportunity. This could perhaps be accomplished in large part by stipulation of facts and submission of briefs. The parties are urged to consider this.
Still under advisement and not decided here are plaintiffs’ application to have this suit treated as a class action and the motion to intervene.
Specifically excluded from any preliminary injunctive relief are the normal and customary maintenance activities of the defendants in the harbor area.