1982 DNR ORDINARY HIGH WATER MARK

  • In 1982, DNR Agent Gary C. Bilow conducted a study to determine whether Eagle Lake had reached a new Ordinary High Water Mark (OHWM) due to rising water levels.

  • The DNR established the OHWM for Eagle Lake in 1967 as 898.4 ft. (NGVD29) or 897.97 ft. (NAVD88).

  • On December 3, 1982, Gary noted that Eagle Lake was at an "extreme" level of 899.86 ft., or about a foot and a half over its OHWM of 898.4 ft.

  • Gary’s study concluded Eagle Lake had not reached a new OHWM and recommended not revising it higher.

  • He recommended that Eagle Lake remain at its longstanding water elevation, which the DNR had previously verified as “ordinary” for decades as measured in 1968 and 1976 before his study.

  • However, more recent history has altered the decades held at the ordinary level to near levels Gary called “extreme.”

PLANNING COMMISSION
JAN 27, 2004

  • KEY POINTS

  • Texas Township Attorney states the purpose of the Planning Commission meeting was to establish a High Water Line for all lakes except Eagle Lake.

  • Trustee Berkbile disclosed that Eagle Lake already had an established Ordinary High Water Mark (OHWM), likely referring to DNR validation of the 1967, 1976, and 1982 DNR established lines used for decades for new home zoning setbacks.

  • A resident later asked if Eagle Lake could be added to the list of lakes, and Mr. Berkebile said that could be done, but not at this meeting.

TEXAS TOWNSHIP BOARD
FEB 23, 2004

  • KEY POINTS

  • The Texas Township Board voted to determine the best word to apply to water elevation for setbacks.

  • The chosen word was “Benchmarks.”

TEXAS TOWNSHIP BOARD
APR 12, 2004

  • KEY POINTS

  • The Planning Commission's main concern was presented to the Texas Township Board, prompting further investigation into whether Eagle Lake had a defined high water mark.

  • Following a vote by the Township, Engineer Tom Wheat was assigned to determine whether a level existed.

TEXAS TOWNSHIP BOARD
APR 26, 2004

  • KEY POINTS

  • Tom Wheat reached out to a lake representative, Scott Sylvester.

  • The established DNR “normal level” (898.4 ft.) is disclosed to the board as noted in the findings presented to the Texas Township Board.

  • Despite Engineer Wheat's historical documentation, the Texas Township Board voted unanimously to authorize Tom Wheat to establish an Ordinary High Water Mark for Eagle Lake.

ZONING APPEALS BOARD
APR 3, 2007

  • KEY POINTS

  • Several years passed, and no township minutes reference whether Tom Wheat had determined a new ordinary high water mark for Eagle Lake.

  • Regardless, the discussion arose again about what to use for Eagle Lake, which came to the attention of the Zoning Appeals Meeting for a builder presenting a project on April 3, 2007.

  • The Zoning Board references Eagle Lake's historical level of 898.4 ft. but votes to change Eagle Lake's ordinary high water mark to 899.84 ft.

  • The creation of 899.84 ft., determined by the Zoning Appeals board as the new "ordinary" for Eagle Lake, will soon become a pump policy.

ELTA NEWSLETTER
JUNE 2007

  • KEY POINTS

  • Within two months of the Zoning Appeals new "oridnary" for Eagle Lake, the ELTA sent a newsletter to all residents in June of 2007.

  • The newsletter begins by referencing the Zoning Appeals meeting that took place on April 3, 2007.

  • It also mentions the newly approved “high water line” of 899.84 feet, as voted on by a few members from the Zoning Board.

MAY 2008 PUMP POLICY CHANGE
NOTE: 899.84 ft.

  • KEY POINTS

  • On May 29, 2008, ELTA authorized Prein & Newhof to conduct a new survey of the lake.

  • ELTA revised the pump policy to align with the Zoning Board of Appeals' elevation of 899.84 feet.

  • These changes were documented as being "determined in 2008," occurring less than a year after the Zoning Board of Appeals adjusted the "ordinary" elevation of Eagle Lake.

ELTA NEWSLETTER
POST 2008 FOOD

  • KEY POINTS

  • The same year of the “new survey” and “new policy” (Year 2008), Eagle Lake flooded after a heavy Fall rainstorm.

  • The Kalamazoo Drain Commission was dispatched to North Eagle to assist residents in distress.

  • Climate conditions such as “rain or snow” was assigned to the reason for the flood as is still assigned as reasons today.

CLARIFICATION BY
ENGINEER TOM WHEAT

  • Key Points

  • Questions addressed to Tom Wheat (in blue) and his responses (in red) aim to provide deeper insight into the engineer's analysis and method for determining the "ordinary" water elevation for Eagle Lake after the massive township flood of 2018, which persists somewhat today.  

  • Tom stated clearly that the engineer recommended keeping Eagle Lake's water elevation at the established 1982 watermark.

  • Unknown is why engineer Wheat recommended Eagle Lake to be higher for the Legal-Lake level if he felt Eagle should be kept “ordinary” to the long established MDNR level in 2004.

THE UNKNOWN QUESTIONS

If the Texas Township engineer stated that there were no changes to Eagle Lake, then:

1. Why is the ELTA pump policy different?

2. Why does the ELTA pump policy adopt the exact elevation of 899.84 ft., which was established during a 2007 Zoning Appeal meeting, and incorporate it into the policy?

3. If there was indeed "no change," as our Township Engineer stated, then why did Prein & Newhof conduct a new survey for a pump policy in May 2008?

4. In 2004, the same engineer established "ordinary" lake levels, which included the Township Supervisor, lake associates, and a zoning specialist. Why are the elevations stated in our legal lake levels set significantly higher than what was considered "normal" in 2004?

5. Where in history does Eagle Lake ever appear as "ordinary" at 899.84 ft.?

6. Is the only instance in all recorded township history of Eagle Lake being recorded as "ordinary" at what the MDNR classified as "extreme" in 1982—specifically, the elevation of 899.84 ft.—noted in the Township Minutes from the Zoning Board of Appeals meeting in April 2007 and in the ELTA pump policy?

7. Are all homes built before this change at increased risk because of it?