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Oakland County committee backs legal lake level for Clarkston Mill Pond
Summary
The committee recommended establishing a legal lake level and moving toward county ownership and reconstruction of the dam after a resident petition; the plan will be funded by special assessments and go to court to formalize the level.
The Oakland County Economic Development Committee voted to recommend that the county establish a legal lake level for Clarkston Mill Pond in response to a petition from residents.
County lake-level engineer Ryan Wersherkow told the committee the recommendation follows a two-year study funded by a state grant and a petition in which “the residents are in favor. They’re more than 70 in favor of moving forward the legal lake level.” He said the county has prepared the materials needed to file the matter in court to formally set the lake level.
The legal designation would place the lake under county jurisdiction and allow the county to take ownership of parcels, construct a new dam and enter an agreement to operate the existing structure until a new dam is built. Wersherkow said special assessments will fund construction and ongoing maintenance, and that residents have been informed about estimated costs. “It’s all special assessment based,” he said, adding that the resident assessment portion is a majority of the project funding.
Committee members asked whether a private owner must cooperate; Wersherkow said the owner is a developer and that the owner’s “intent, yes, is a dollar” for the transfer, and that county staff expect a cooperative process. He also said many lakes in the county do not have established legal levels and that this action would increase the number of lake levels the county manages from 43 to 44.
During public questioning, Wersherkow said previous attempts to dredge the pond had found elevated concentrations of heavy metals in the sediment. He cautioned that removing a dam and restoring the channel could expose contaminated sediments and lead to “loss of wetlands, loss of habitat” and other downstream impacts. Wersherkow also said most of the county’s staff time directly charged to the lake-improvement effort has been minimal: “Less than 10 hours of my time have gone toward the lake improvement board portion of it.”
The committee approved the recommendation to forward the establishment of a legal lake level to the full Board of Commissioners by a 5-0 vote. The item now proceeds to the board and then, if approved, to the court process to set the legal lake level.
If the county proceeds, residents in the assessment district would pay the special-assessment share of construction and maintenance; county staff said other operators and grant funds may reduce the net share borne by residents. The county indicated it expects to negotiate interim operating agreements while working to construct a replacement dam.
