In the last issue of Michigan Trout we highlighted the past history of dam failures on the Pigeon River, including the one that occurred this past summer.  Since the past issue, the DNR and DEQ have continued to process the evidence and compile the case against the owner of the dam.  The full case is expected to be complete by December.  The State of Michigan, represented by Assistant Attorney General Pam Stevenson communicated with the owner of the dam, Golden Lotus Inc. by writing this summer.  In this first written communication the State laid out the preferred elements of a settlement agreement.  Early in the fall the State once again communicated to Golden Lotus via an in person meeting, reiterating the importance of removing the dam.  In early October, Golden Lotus returned written response to the notices of violation from the State.  In these letters, Golden Lotus expressed remorse for the incident occurring, a desire to do what is best for the Pigeon River, and intent to begin investigating removal of the dam.

Golden Lotus has since hired the assistance of an engineer and an environmental consultant to aid it in considering their options.  Huron Pines, a non-advocacy conservation organization out of Grayling, has much technical expertise in stream restoration, and has also begun working with Golden Lotus to help it explore removal of the dam.

Trout Unlimited has been heavily involved in the progression of this case.  As parties to the 1984 lawsuit regarding the last failure of this dam, we have legal stake in this failure.  Peter Gustafson, a Grand Rapids attorney with the firm of Warner Norcross & Judd LLP, and a member and former Chair of the Pigeon River Advisory Council has been providing legal counsel to TU, pro bono.  Michigan TU has been coordinating legal efforts with the State of Michigan.  Meanwhile, we have also been involved with helping the owners explore and understand dam removal (through work with Huron Pines) and have meet on this issue directly with Golden Lotus.  We are extremely encouraged by the Golden Lotus’ interest in doing what’s best for the Pigeon River.  TU is fully committed to involvement in this issue and advocating for the best outcome for the river, including dam removal.  We will continue to coordinate legally with the State of Michigan, while also continuing to provide technical information on dam removal whenever possible.  Plan to see more updates on this issue in future issue of Michigan Trout magazine.