On Thursday, July 6, the Youngs Intercounty Drain Board met at the Shiawassee County Drain Office to get an update on the status of easement acquisition for a proposed drain project. Shortly after opening the meeting, the board went into closed session for nearly an hour, to talk with attorney Cole Hedrick about the three easements they’re pursuing through court action.
During the meeting, Hedrick said, “All actual title and possession easement rights have now been obtained, allowing the project to move forward. However, three easements remain active circuit court cases regarding how much compensation should be paid (Gohn, Lorencz and Mallory).” Plastic Capillary Drainage Sheet
Once back in open session, project engineer Alan Boyer of PEA Group told the board, “Any project design is going to require an Environment Great Lakes & Energy (EGLE) permit.”
In 2019, Boyer met with EGLE officials for a pre-permit application discussion of the Youngs Drain project. Following that meeting, a permit application was submitted. EGLE indicated that they would not approve Boyer’s plan.
During the July 6 drain board meeting, Boyer told the board that EGLE was not interested in his plan. EGLE suggested another option, which Boyer opposes.
Boyer said, “In my professional opinion and based on recent experience, that plan (the one EGLE suggested) will fail. What EGLE suggests on professional negligence. I don’t say this lightly. There is already a design and it’s been paid for.”
He explained that a number of the people he met from EGLE in 2019, are no longer there. Before doing a redesign, Boyer wants to bring his original plan, along with new options to new EGLE staff for another pre-permit evaluation to determine what EGLE will permit.
Youngs Drain board chairman Michael Gregg said, “It certainly could save us cost to discuss a project scope they would approve.”
Shiawassee County Drain Commissioner Anthony Newman motioned to direct Boyer to set up the meeting with EGLE.
Saginaw County Public Works Commissioner Brian Wendling supported the motion. They agreed to authorize Boyer to set up another pre-application meeting.
Boyer told the board, “When we went through the pre-application meeting last time, they suggested that using gabion baskets would fail.” But Boyer has observed a similar situation where gabion baskets didn’t fail.
Gregg told Boyer, “Part of your dilemma is cost, lifecycle analysis and constructability.”
Boyer said, “I have a difference of opinion with EGLE. EGLE determined that this is a natural channel. We have testimony from (Charles Mallory’s) father that this is not a natural channel. It doesn’t act like a natural channel. We included the U.S. Fisheries and Wildlife Service during our initial evaluation. They had no opposition to what we were proposing.”
As treasurer of the Youngs Drain board, Wendling reminded the board that in March of 2022, the board took out an interim promissory note in the amount of $400,000. The first payment, $9,370.33, is due this year, on Friday, Sept. 1. The final payment is due on the same date in 2024. The board agreed to make the first payment. The board also approved payment on several invoices from earlier this year.
In closing comments, the public was allowed to speak.
Charles Mallory asked, “Where are we going with this? You’re just going back to EGLE? We went through the court system with people. Why do they think gabion baskets are going to fail? Is it because of the velocity and volume? You’re railroading me into this and there’s no plan.”
Mallory explained that this project has been going on for coming up on eight years. There was a point where they came to him and asked for an easement for 17 acres of his property, but they didn’t have a plan, so, he refused.
Wendling told Mallory, “I don’t think it’s fair for you to look at us and say too much time was spent obtaining easements.”
Mallory is one of the landowners who refused to grant the easement. He would have lost a significant amount of land without knowing how it was going to be used.
Mallory said, “I don’t know how you’re going to send a bill to a fella like me. Your last plan, with steel pylons, I would’ve agreed to that.”
Gregg explained that the board has a fiduciary responsibility to property owners to make this affordable.
Mallory said, “If you wanted an affordable project, you should have worked with us on Bear Creek.”
Wendling told Mallory, “I told you to file a petition for Bear Creek. We can’t do anything without a petition.”
Newman said, “New Haven Township filed the petition for Youngs Drain.”
Mallory said, “I don’t agree with it. It’s now three to four times the cost of what you could’ve done years ago. You guys are alright going to court, spending people’s money. I’m not going to make this easy now.”
After the meeting, Newman told the Citizen, “The only reason we’re in court is because he (Mallory) wants it, not this board. The project with the pylons is still one of the options.”
Newman explained that Mallory had a set of plans from the beginning. He also said, “Easements are easements; he would still own the land. He just couldn’t build a permanent structure on it.”
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