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Council delays action on Mud Lake control structure pending DNR permits and county attorney guidance
Summary
After discussion of a possible temporary control structure to manage rapidly rising water at Mud Lake, the Fulton County Council voted 7‑0 to follow county attorney guidance and take no construction action until state permits are issued.
The Fulton County Council and county staff discussed the Mud Lake/Mud Creek situation at length on April 15 after recent high water caused a rebuilt dirt dam to overtop and send water onto adjacent property.
Why it matters: County staff described potential temporary measures — a second dirt dam with a 15‑inch tile and a steel anti‑seep plate — designed to control flows while a permanent fix is arranged. Staff also highlighted the risk that a failed temporary structure could cause the loss of both dams and a temporary drawdown of the lake.
Legal and procedural constraints
County legal counsel advised waiting for permits and DNR direction. Staff said the DNR permit was expected “by the end of this month” in the best case, and private engineering or more extensive work could raise the cost substantially.
Council action
The council motioned to follow legal counsel’s advice and take no immediate construction action until required permits and DNR review are complete. The motion passed by a recorded vote of 7‑0.
Funding and resident concerns
Staff proposed a local, temporary fix with a vendor quote of roughly $1,800 for earthwork plus up to $500 for the anti‑seep plate, and asked the council to set aside $2,500 in case the county authorized the work. Several residents and council members expressed that landowners should not be required to pay for a county error; members discussed whether the drainage board or the county general fund should cover costs if the county proceeds. The council chose to delay action pending legal guidance and permit issuance.
Next steps
The county engineer and staff will monitor DNR permit issuance and report back to the council. If permits arrive and the commissioners determine to proceed, staff indicated they would return to the council with a funding request and updated engineering recommendations.
Provenance
Topic introduction excerpt: "The Mud Creek or Mud Lake situation again... The lake has come back up quickly... it is going over the bank... going into property owner's ground..."
Topic finish excerpt: "Chase seconded. All in favor? 7 0. Alright."
