Pigeon River Dam History and Removal Efforts
Summary
On June 23, 2008, the dam at the Song of the Morning Ranch on the Pigeon River, operated by Golden Lotus, Inc., failed for the third time in 60 years. This failure, like the two previous, resulted in a massive fish kill and habitat destroying silt release. The State Michigan, joined by the PRCA and Trout Unlimited, filed a complaint in 46th District Court in Gaylord against Golden Lotus, requesting removal of the dam on the grounds that it's presence and operation posed a hazard to the river system. Negotiations between all parties resulted in the signing of an Interim Order filed with the court mandating removal of the dam.
Subsequent disagreement arose between the parties about whether Golden Lotus was required to remove the entire dam structure or if they could leave the lower structures in place. Golden Lotus argued for the latter, stating it was necessary to keep that part of the dam to support the bridge providing acccess to their main compound. The PRCA and TU argued for complete removal and restoration of the river to a free flowing condition. The court supported this position, and ordered complete dam removal. As of late 2011, the court has issued a stay of its order pending Golden Lotus' pursuit of an appeal, and no physical work on removal has started.
Timeline
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May, 1957
Earthen dam on the Pigeon River at the Lansing Club Pond fails, causing massive flood, siltation, and fish mortality. The earthen dam is subsequently replaced by a concrete dam.
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May, 1969
Golden Lotus, Inc. acquires dam and opens Song of the Morning Ranch, a yoga retreat.
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June - July, 1984
Dam fails during a planned drawdown to repair the dam. Another major flood, siltation and fish kill event occurs.
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September 1988
Court hearings and negotiations between the DNR and Golden Lotus result in a Consent Judgment filed in 46th District Court in Gaylord, Michigan regulating future operation of the dam.
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June 23, 2008
Another dam failure causes another flood event, draining the 60 acre pond behind the dam. In addition, Golden Lotus closes the dam gates in an effort to refill the pond, shutting off all downstream river flow. Golden Lotus also fails to report either the discharge or the closing of the gates to the DNR or DEQ,
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June 2008 - February 2009
Investigation by the DNR determines that the dam failure event caused significant harm to the habitats and fish population of the Pigeon River. For example, an estimated 474,486 trout between the dam and the M-68 bridge died as a result of the dam failure and subsequent closing of the gates.
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February 13, 2009
The State of Michigan files a formal complaint in 46th District Court against Golden Lotus, Inc., seeking removal of the dam and various monetary damages. The Pigeon River Country Association (PRCA) and the Michigan Council of Trout Unlimited (MITU) later join the State as intervening plaintiffs.
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April 2, 2010
Negotiations between all parties result in an Interim Order filed in 46th District Court whereby Golden Lotus agrees to remove the dam and pay $150,000 in damages over ten years. The order also sets out a number of conditions under which the removal process is to proceed.
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2010 - 2011
The parties disagree about the terms in the Interim Order. The primary disagreement involves the term 'dam removal'. Golden Lotus contends the agreement allows part of the lower structure of the dam to remain as support for a bridge to their main buildings. This would leave an approximately 3 foot spillway, blocking fish passage and retaining a smaller pond. The PRCA and MITU state that 'dam removal' means removal of all structures and the restoration of a free flowing river.
The PRCA and MITU also object to Golden Lotus' failure to include Dr. Bryan Burroughs, Execuitive Director of MITU and an expert on dam removal on trout streams, in the removal planning process as called for in the Interim Order. They also object to the permit for removal submitted by Golden Lotus as inadequate in areas such as removal of sand and silt from the pond as it is drawn down.
The disputes over the requirements of the Interim Order and the permit application delay start of the drawdown process, originally expected to begin in spring/summer 2011. -
July 22, 2011
Judge Murphy of the 46th District Court rules on a motion brought by PRCA/MITU that the Interim Order does in fact require removal of all dam structures.
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August 8, 2011
Golden Lotus files a motion in District Court to reconsider the court's ruling of July 22.
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August 26, 2011
Judge Murphy denies the motion by Golden Lotus to reconsider the court's earlier ruling.
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September 15, 2011
Golden Lotus files an Application for Leave to Appeal with the Michigan Court of Appeals. Essentially, for legal reasons, Golden Lotus cannot appeal the District Court rulings directly, but is required to request permission from the Court of Appeals as to whether they can file an actual appeal. The Court may grant or deny this request.
Golden Lotus also files a motion with the District Court requesting a stay of proceedings on the earlier orders pending appeal. -
November 9, 2011
Judge Murphy in District Court grants the stay requested by Golden Lotus pending their Leave to Appeal. It's unknown when the Court of Appeals will decide on whether or not to grant Golden Lotus' request to appeal.