Quick Facts
$142.8 million* |
2,875 |
June 2024 |
2027 |
Estimated Cost to Repair |
Waterfront Properties |
Suspension Date |
Estimated Lake Return Date |
*Project estimate is subject to variation of +10/-10%. Last updated February 8, 2024.
Restoration Progress
May 20, 2020
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May 11, 2022
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November 7, 2024
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Restoration Efforts
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Summary (posted April 12, 2024):
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Longer explanation:
Background
To be eligible for Michigan Department of Environment, Great Lakes, and Energy (EGLE) permits, Edenville and Sanford dams went through additional environmental restoration and alternative analysis compared to Secord and Smallwood dams which were lowered for extensive repairs. Edenville Dam has an additional burden, beyond what is required at Sanford, because Snuffbox Mussel shells were found after lowering Wixom Lake in 2019. This required a study to determine the existence of live Snuffbox Mussels, an endangered species, which was completed in 2022. Live mussels were found in the northern section of the Tobacco side of Wixom Lake, creating a need for a separate permit for the mussels.
EGLE Permitting
The EPA completed its 90-day review of the Edenville Dam EGLE permit application in late March and provided comments related to mitigation of environmental impacts of refilling the lake. FLTF and EGLE are meeting regularly to finish an agreement on stream mitigation actions, and we expect to receive the EGLE permit for construction of the final phase of Edenville Dam by June.
Snuffbox Mussel “Incidental Take” Permit
As mentioned above, the USFWS requires an additional permit for the "incidental take" of endangered and threatened wildlife species. A Habitat Conservation Plan (HCP) must accompany the application for an Incidental Take Permit to demonstrate how the applicant intends to meet minimization and mitigation commitments under the Endangered Species Act. The commitments made by the applicant in the HCP become part of the permit. This permit is expected by the end of the year. This permit is a requirement for filling the lake.
Financial Constraints
There are not sufficient State of Michigan funds to complete construction which is why lake level special assessment financing is necessary. Until Edenville Dam receives the Snuffbox Mussel Take Permit, only State of Michigan Funds can be used on Edenville. This is because bond financing requires a revenue source from the Special Assessment District (SAD) with assurance that the legal lake level will be restored, i.e. the USFWS take permit is granted. This is explained in further detail in Appendix C of the Plan of Financing in the Capital Assessment Memo.
If no appeal was taking place, Edenville Dam restoration work could continue with Michigan grant money until it receives the Take Permit, while the other dams could be funded by bonds. However, with the pending appeal, this is not possible.
Impact of Appeal
With the delay of June financing because of the Heron Cove Association (HCA) appeal, this means that to keep the current projects underway at all four dams, the State of Michigan funds must be used to continue with all four projects. This eliminates the opportunity to start Phase V of Edenville until the USFWS Snuffbox permit is issued and the HCA appeal is satisfactorily addressed opening up funding for all four dams to proceed. The State of Michigan funds are no longer an option for Edenville, as they will be exhausted keeping all the dams progressing throughout the appeal.
These facts are driving our anticipated construction suspension plan. Edenville Phase V now, cannot start until there is funding available beyond the state grant, and we have the Take Permit for the Snuffbox Mussel.
Background
To be eligible for Michigan Department of Environment, Great Lakes, and Energy (EGLE) permits, Edenville and Sanford dams went through additional environmental restoration and alternative analysis compared to Secord and Smallwood dams which were lowered for extensive repairs. Edenville Dam has an additional burden, beyond what is required at Sanford, because Snuffbox Mussel shells were found after lowering Wixom Lake in 2019. This required a study to determine the existence of live Snuffbox Mussels, an endangered species, which was completed in 2022. Live mussels were found in the northern section of the Tobacco side of Wixom Lake, creating a need for a separate permit for the mussels.
EGLE Permitting
The EPA completed its 90-day review of the Edenville Dam EGLE permit application in late March and provided comments related to mitigation of environmental impacts of refilling the lake. FLTF and EGLE are meeting regularly to finish an agreement on stream mitigation actions, and we expect to receive the EGLE permit for construction of the final phase of Edenville Dam by June.
Snuffbox Mussel “Incidental Take” Permit
As mentioned above, the USFWS requires an additional permit for the "incidental take" of endangered and threatened wildlife species. A Habitat Conservation Plan (HCP) must accompany the application for an Incidental Take Permit to demonstrate how the applicant intends to meet minimization and mitigation commitments under the Endangered Species Act. The commitments made by the applicant in the HCP become part of the permit. This permit is expected by the end of the year. This permit is a requirement for filling the lake.
Financial Constraints
There are not sufficient State of Michigan funds to complete construction which is why lake level special assessment financing is necessary. Until Edenville Dam receives the Snuffbox Mussel Take Permit, only State of Michigan Funds can be used on Edenville. This is because bond financing requires a revenue source from the Special Assessment District (SAD) with assurance that the legal lake level will be restored, i.e. the USFWS take permit is granted. This is explained in further detail in Appendix C of the Plan of Financing in the Capital Assessment Memo.
If no appeal was taking place, Edenville Dam restoration work could continue with Michigan grant money until it receives the Take Permit, while the other dams could be funded by bonds. However, with the pending appeal, this is not possible.
Impact of Appeal
With the delay of June financing because of the Heron Cove Association (HCA) appeal, this means that to keep the current projects underway at all four dams, the State of Michigan funds must be used to continue with all four projects. This eliminates the opportunity to start Phase V of Edenville until the USFWS Snuffbox permit is issued and the HCA appeal is satisfactorily addressed opening up funding for all four dams to proceed. The State of Michigan funds are no longer an option for Edenville, as they will be exhausted keeping all the dams progressing throughout the appeal.
These facts are driving our anticipated construction suspension plan. Edenville Phase V now, cannot start until there is funding available beyond the state grant, and we have the Take Permit for the Snuffbox Mussel.
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Contacts
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