Response to heron Cove Attorney's statement

While we respect the right of a property owner to appeal the assessment rolls, the counties followed the laws and regulations of the State. Appeal attorney, Michael Homier’s comments to the Midland Daily News that the counties “jumped the gun" reflects a profound misunderstanding of four years of community work requiring over 40 state permits to comply with state regulatory requirements and get to the final construction phase of the project. Standing still and doing nothing was not an option and not in the best interest of the Four Lakes community.

History of FLTF
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“The gun” went off on May 19, 2020, when the privately owned dams collapsed, and a presidential disaster was declared. EGLE (i.e. the State of Michigan’s environmental regulatory agency), through its emergency authority, initially assumed control of the Edenville Dam, and subsequently the counties stepped in and took the properties through condemnation from Boyce Hydro to protect the health and welfare of the community. Four Lakes Task Force (FLTF), acting as the delegated authority for Gladwin and Midland counties, began coordinating and implementing recovery efforts and the counties reconfirmed their commitment to restoring Smallwood, Secord, Wixom and Sanford lake levels.

Since 2020, FLTF, with the support of the community and funding from the state and federal government and private donations has received $247 million. FLTF, along with hundreds of volunteers, stabilized the shorelines, removed debris and secured the unstable High-hazard dams.  FLTF conducted studies, design engineering efforts, and environmental permitting and undertook construction in phases to comply with the State of Michigan’s dam safety requirements and grant funding requirements - all before the final phase of the construction projects could begin and before financing would be needed. All the projects were bid out, the public hearing took place, and the counties approved the final phase of the project. The lake level project can be stopped without assessing property owners. Delays associated with the Heron Cove Association’s appeal will undoubtedly lead to higher costs – which in turn will increase the amount to be assessed to property owners in the Four Lakes Special Assessment District.

Restoration Responsibility

Mr. Homier is also quoted in the article saying that in his opinion the State of Michigan should be on the hook for the costs of restoring the dams - without stating a plan on how to get there. The Heron Cove Association's claim of appeal even challenges the assessment roll for ongoing maintenance costs. EGLE states there are 2,500 dams in Michigan. 813 are regulated under Part 315, Dam Safety, of the Natural Resources and Environmental Protection Act (NREPA). Part 307, Inland Lake Levels, of NREPA is utilized to maintain lake levels and construct and repair dams in the state. Throughout Michigan, costs in connection with recreational lake level projects are defrayed by lake level special assessments to property owners. With the Four Lakes Project, the counties approved a lake level capital assessment representing approximately 55% of the cost of the project. The state and federal governments cover the remaining approximately 45%. The Heron Cove Association plan is for free dams and recreational lakes from the state with no local accountability for any costs or maintenance. Really?
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Let’s call it like it is. If the Heron Cove Association’s appeal is successful all progress on restoring these lakes will halt. This could forever change the quality of life for those of us who want to live in a lake community. It took the community four difficult years to get back on track, and no one “jumped the gun." What a lousy metaphor for this situation. A more appropriate metaphor, given this story started almost four years ago, would be the Heron Cove Association’s appeal is now standing in the way of our community getting to the finish line.