Nik Rajkovic / news@whmi.com

The Village of Holly is bracing for an emergency draw down of its mill pond, though a hearing is scheduled later this month in an attempt to stop it.

Village Manager Timothy Price posted a letter to residents on Facebook Sunday:

Dear Residents of the Village of Holly,

I know many of you are aware of the concerns surrounding the future of Stiff’s Mill Pond, and I want to provide you with a brief update directly from me.

The EGLE Dam Safety Unit (DSU) is attempting to enforce an emergency drawdown on the Mill Pond without allowing the Village adequate time for due process, analysis, and public engagement. We have requested a hearing to review this matter, scheduled for July 29th at 9 AM. However, the DSU plans to conduct the drawdown themselves tomorrow morning, July 21st.

In response to this lack of due process and what we believe to be the DSU ignoring their own regulations, our Village Attorney will be filing an injunction requesting a Temporary Restraining Order (TRO) against EGLE until the Village has been afforded due process.

Over the past week, we have collaborated with the Attorney General’s office to seek a compromise between EGLE and the Village. Unfortunately, while the Attorney General and the Village proposed terms for a compromise, EGLE has rejected them. Although we wish to comply with EGLE’s requests, agreeing to a temporary drawdown based on the permit would mean accepting the terms and conditions set forth by the DSU, several of which may negatively impact our residents and surrounding communities.

We do not oppose the eventual drawdown of the mill pond or the necessary repairs; our concerns lie with the process followed by EGLE-DSU and the urgent nature of their demands. Currently, our mill pond dam does not meet the emergency criteria established by EGLE. The latest assessment rates our dam as "poor," indicating that further investigations are needed to assess risk. An "unsatisfactory" rating could lead to immediate actions that the DSU is currently advocating for, but we have not yet received this classification.

The regulatory guidance from the DSU has been inconsistent. The orders issued to the Village reference certain regulations, yet when we request compliance, the DSU states they are not operating under those regulations.
Additionally, the proposed drawdown permit refers to regulations inconsistent with Dam Safety (Part 315), which they are citing for enforcement. We seek clarity on which regulations to follow, as it appears the DSU is selectively applying provisions to suit their needs.

Another concern is that EGLE has not provided definitive criteria for the repairs required for us to raise the water level again. They have mentioned anticipated, yet unapproved criteria, leaving us uncertain about the compliance standards we need to meet.

Since we have not conducted a summer drawdown before, there are community and ecological considerations that have yet to be studied. The DSU has acknowledged these concerns and imposed additional mandates on the Village, for which we lack the funding and personnel to implement. While EGLE has offered additional resources, this does not address potential secondary effects.

Moreover, the Mill Pond is a shared resource among surrounding communities. We are apprehensive about taking unilateral actions that may negatively impact our neighbors.
All we have asked of EGLE is to allow the Village to conduct the normal fall drawdown, with the understanding that we cannot raise the water level again until approved by EGLE. This approach would enable us to safely conduct the drawdown while minimizing ecological and community impacts and allow us more time to explore options and engage with the county and neighboring communities.

I have also reached out to our elected officials at the state and federal levels for additional support and assistance.

Thank you for your continued support!

Timothy Price
Village Manager