Muskegon County accepts up to $521,400 EGLE grant amendment to address Silver Creek Pond dam; court timing may delay work

Muskegon County Public Works on May 14 accepted a third amendment to an Alternative Water Supply Grant from the Michigan Department of Environment, Great Lakes and Energy (EGLE) to provide up to $521,400 for additional water-main improvements associated with a Dalton Township project and the county’s potential takeover of management responsibilities for Silver Creek Pond.

Public Works Director Wade Vanden Bosch said the county received a petition from the majority of property owners around Silver Creek Pond asking the county to assume management because the private owner likely lacks funds to repair the dam. "We had received a petition from almost the entirety every property owner around that," Vanden Bosch said.

Staff said the county must establish a legal water level and an apportionment district so costs for future repairs can be distributed among property owners. Corporate counsel warned board members the tentative court date in June to set the legal lake level could be adjourned because the property owner has died and legal title may be unclear pending probate. "That June court hearing date could be adjourned depending on the status of the probate court," counsel said.

Board members authorized staff to move forward with procurement for construction bids so work can proceed quickly if the court process resolves in time; staff said bidding could occur even if the legal hearing is delayed, because bid solicitation and review are separate steps from the court’s decision on water level and apportionment.

The motion to accept the grant amendment passed by voice vote. Staff noted the grant work is still in design and that construction timing will follow resolution of legal and permitting steps.

Next steps: county staff will monitor the probate and court schedule, complete design documents, and issue construction bids when appropriate.