Last week the Michigan Court of Appeals granted our motion to expedite the briefing schedule in connection with Heron Cove Association’s (HCA) Claim of Appeal. Under the Michigan appellate court rules, HCA must submit its appellate brief by September 5. FLTF will only have 14 days to file our response brief (which would have been 21 days if we hadn’t filed the motion to expedite). HCA will then have an opportunity to file a reply to our response, but that must be filed within seven days after we file our response brief.
Construction Suspension Based on this timing, there will not be a resolution to the appeal by the end of September. Consequently, we will suspend work on the three remaining dams under construction:
FLTF Continues to Push Forward HCA has used every legal opportunity to delay the process required to restore the lakes, and their legal actions have and will continue to delay dam safety upgrades and environmental mitigation, as well as increase costs to property owners. To date, HCA has presented no feasible alternative, and one can only assume HCA intends to completely stop the project which if successful, will result in the loss of hundreds of millions of dollars in property values. Hopefully, HCA’s appeal and their lawsuits currently pending in federal court, will be resolved before the end of the year so FLTF can move forward with financing the final phase of construction in early 2025. Even so, this delay will add an estimated cost of $10 to $20 million to the project. This year's construction work was impacted and will push back the restoration of the lakes. If we are not able to start early in 2025, another year would likely be added to the table below. We understand the frustration of all those in the community with these delays. If construction cannot start in the spring then FLTF has the funds to maintain operations and manage all matters through 2025 until construction can begin. The FLTF Board appreciates the continued support of the lakes' restoration. Dave Kepler Congressman Dan Kildee requested $3 million and Congressman John Moolenaar requested $2.25 million in community project funding for Four Lakes Task Force. Each year, members of Congress can direct federal resources to local projects. Kildee and Moolenaar submitted these funding requests to the House Appropriations Committee.
With the completion of the Edenville Dam cutoff wall, we are at a point where crews can safely suspend construction work at the Edenville Dam site at the end of June while Four Lakes Task Force awaits direction on financing. The embankment work was initially expected to suspend in September.
There has never been a “do nothing" alternative. It is not permitted to leave the dams in the rivers as they are.
Dams with normal (legal) lake levels that existed before 2020 with a lake level special assessment district are the best path forward. An updated suspension schedule was posted May 17, 2024. Please view it here.
Today Four Lakes Task Force (FLTF), the Delegated Authority for restoring the four lakes and dams in Midland and Gladwin counties, announced the Schedule for suspending restoration construction work in the coming months on Secord, Smallwood, Edenville and Sanford dams, and that the start of Edenville Dam’s final phase of construction will be delayed. All Four Dams Under Construction
The Sanford Dam permit for restoration construction was approved Thursday, October 26th, by the Michigan Department of Environment, Great Lakes, and Energy. The construction crews are mobilizing and work is expected to start this week. |
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