Lakes Restoration Project Updates

Working from JJR plans, engineering specifications were drawn up for parking areas and lower lake pathways. Bids were solicited from several area contractors, and a contract was awarded to DeWolfe Excavators on the basis on capabilities and price.

Concerns about the grading and topsoil in Loch Alpine Park were reviewed with JJR. Soil samples were taken twice and analyzed. It was determined that the sediment placed in the park from the upper lake had not been properly covered as required by the MDEQ permit.

Underground drainage installed in area of playground. Water line for drinking fountain near playground has been placed.

Pathway along northern shore of lower lake staked; clearing and construction initiated prior to winter. Pathway along eastern shore constructed by Boy Scout Troop 477, led by resident Eric Kumbier.

Lower lake sediment disposal site graded and capped with tested topsoil. The earthen berm north of LASA plant was expanded to provide additional flood protection.

Seepage under the lower dam, emerging within the LASA plant, has abated naturally. A permanent drainage pipe was installed to draw off any future emergent ground water.

The upper lake sediment basin was reexamined because of problems in basin discharge and low flow through the island channel. After much discussion with JJR and the MDEQ, the engineers have provided modification options based on the recommendations of the Lakes Project Management Team.

Site work is underway to dredge the upstream sediment basin in Boyden Creek, adjacent to the golf course #9 green.

In May, a comprehensive claim for financial recovery from the costs associated with containing and cleaning up the sediment release into Boyden Creek was filed with the insurer of the previous contractor.

What Needs To Be Done

Complete upstream sediment basin at golf course #9 green.
Touch up, redressing and seeding of Loch Alpine Park in spring.
Installation of water fountain at playground.
Complete pathways at Park and around lower lake.
Installation of additional parking spaces for Loch Alpine and Rock parks.
Clear boat storage locations.
Design and build fishing platform(s) on lower lake.
Implement improvements to the upper lake sediment basin, as allowed within any surplus of the project budget after other components are accounted for.
Negotiate payment of MDEQ fine or a Supplemental Environmental Project in lieu of fine.
“Close” the permit with MDEQ, and resolve outstanding matters with JJR and previous excavator.

Working toward a May completion of Loch Alpine Park improvements; July completion of parking, lower lake pathways, and other recreational components of project.

The project is under budget for the final phase of work and we were able to pay $28,000 for topsoil and other improvements in Loch Alpine Park. Budget does not anticipate dollars that may be recovered from the insurance claim.

August 31, 2004

Since the previous progress report, the following activities have occurred toward the restoration of the lower lake and recreation components:

The Lakes Project Management Team, on behalf of Loch Alpine Improvement Association, has filed a claim against the insurance policy of the previous contractor to recover costs associated with the accidental release of sediment from the lower lake into Boyden Creek and the Huron River. Costs for recovery could include creek and river clean-up, spillway repair, required check dams and MDEQ fine. The claim has been under review by the insurer’s attorneys for several weeks. The attorney for LAIA has sent a letter to the insurer asking for a response.
Bids for lower lake pathways, as well as parking and drainage improvements in Loch Alpine Park, were solicited from a dozen area contractors, including excavators, landscapers and pavers. Four responses were received and reviewed. Based on price, capability and experience, the project team has selected DeWolfe Excavators as the general contractor for the work.
Grading is underway of the sediment disposal site adjacent to the lower lake. The contractor has been asked to remove the lumber “mats” at the site. Grading and seeding of the sediment disposal site should be completed within the next few weeks. The embankment along the spillway has been reseeded, as well as the Boyden Creek embankment below the spillway.
The project management team, working with SmithGroup JJR, has examined needed refinements to the sediment basin in the upper lake and grading improvements to Loch Alpine Park. The team is in the process of defining the scope of work and determining related expenses. Improvements in the park will include reinstallation of a drinking fountain next to the play equipment.
Groundwater emergence in the LASA plant compound has stopped, with the aid of an underground pump. The suspected seepage from the lower lake appears to be slowing. This will be monitored for the next few months to determine when the pump can be removed.
A partial fish restocking of the lower lake occurred in May with the addition of Shiners, Fathead minnows and tadpoles. Additional restocking will be explored in the fall when temperatures are cooler.
The above-surface weed growth in the lower lake was slated for chemical treatment. On the recommendation of an aquatics biologist, however, the weeds have been left alone to die off gradually. As they do, they are replenishing the lake with important nutrients to support fish and desirable water plants.
The walking path along the eastern side of the lower lake has been cleared and scraped in preparation for gravel placement by the boy scouts.
The Lakes Project Management Team is working on budget allocations for the various tasks remaining in the project. The team is optimistic that all the components remaining can be accomplished with the funds available.

December 4, 2003

Since the previous progress report at the end of October, the following activities have occurred toward the restoration of the lower lake and recreation components:

The removal of sediment from the lower lake has been completed; i.e. 10,000 cubic yards have been removed to the adjacent disposal site as contracted with DeWolfe Excavators. An area in the southeastern portion of the lake was not excavated due to the difficulty in working machinery through soft, spring-soaked sediment. Including the previous excavation work, the total material removed from the lower lake is approximately 26,000 cubic yards, and 19,000 cubic yards from the upper lake.
The lakebed has been surveyed to determine the bottom topography and to gauge the amount of silt remaining in the lake. The current excavation budget was based on the calculations of SmithGroup JJR that approximately 10,000 cubic yards of sediment remained in the lakebed following the sediment excavation in 2002. JJR has held to that estimate twice, prior to and at the outset of the project work this fall.
Streamside Systems has completed the removal of lake sediment from the Huron River and Boyden Creek, in compliance with the required clean-up from the Michigan Department of Environmental Quality. Rick Schramm of MDEQ will make a follow-up inspection within the next few days. All but one silt check dam have been removed from the creek. The remaining dam will be addressed following the inspection by Mr. Schramm.
With the removal of the contracted amount of sediment, the clean-up of the creek and river completed, the creek silt dams removed, and the deposit site filled to capacity, the project management team closed the dam sluicegate at 9:05 a.m. on Tuesday, November 25. The vegetation standing in the lake should drown and decay. Options of scraping away or burning the vegetation were considered, but were rejected as either impractical or imprudent.
The deposit site will be graded, capped and seeded in the spring. It also will be surveyed to verify the haul records of sediment removed from the lake by DeWolfe Excavators.
Soil samples from the disposal site have been taken to determine chemical or metal content in the soil hauled out of the lower lake, as follow-up to samplings taken prior to the start of the upper lake work.
Scouts Alex Brower and Eric Kumbier are proceeding with their Eagle projects of creating the boardwalk and pathway located below Lane 10.
In the months ahead, the project management team will focus on resolving discrepancies in previous work for both lakes, and pursuing potential recovery of funds. Bids will be sought for improving sediment control upstream, on Ann Arbor Country Club property. Bids also will taken for pathways along the lower lake and other recreational components of the project.

October 28, 2003

Since the first progress report in September, the following activities have occurred toward the restoration of the Lower Lake and recreation components:

Approximately 8,000 cubic yards of sediment have been removed from the lake bottom. Excavation and piling have been slowed by rain and the saturation of lakebed areas from groundwater and springs. Sediment in the deposition site has been moved and turned several times to improve dewatering of the site.
LASA has allowed some sediment to be placed along the northern perimeter of the plant site. This provides some “relief” to the main deposition site by allowing silt there to settle longer between deposits.
The new concrete platform on the lower lake spillway required finishing work to seal the juncture of the platform legs to the spillway. The cranking mechanisms on both upper and lower lake spillways were painted to prevent rust and corrosion.
The Michigan Department of Environmental Quality (MDEQ) agreed that a much smaller area of the Huron River will require cleaning, significantly reducing projected costs. Bids for the clean-up of Boyden Creek and the Huron River were reviewed again. Also, two other contractors have supplied bids for the work. The project management team will make a recommendation to the Board for the selection of the contractor.
Maintenance on the silt check dams has been ongoing during excavation. Despite the rain in the past three weeks, the work on the check dams resulted in excellent quality of water released into the river, better than the quality of river water after a major rain.
Additional meetings and discussions have been held with JJR and with legal counsel regarding obligations between the previous excavator and LAIA. Documents have been drafted to define the status of work performed and to conclude payment issues with the previous excavator.
The project management team and Board have agreed to allow two local scouts to undertake the construction of a portion of the lower lake pathway as part of their community service and leadership requirements for Eagle Scout. The scouts are Eric Kumbier and Alex Brower, both of Troop 477. They will adhere to the engineering plans drawn up by JJR, and the project management team will oversee their work. Their labor is all volunteer, while materials will be provided by the lakes project. Previously, the project management team had agreed that no work on recreation components would be undertaken until the sediment removal, creek and river clean-up and MDEQ fines were done. However, the Eagle Scout projects pose significant savings in the construction of pathway and a wooden walkway from the base of Lane 10 along the east side of the lower lake. The purchase of materials for the scout work will be paid for by monies saved in the reduced river clean-up. Work will begin following appropriate review by our engineering consultant and permitting by the County Building Department.

September, 2003

Since the community approval on August 18 to complete the restoration of the lower lake and recreation components, the following progress has been made:

Requests for bids were sent out to contractors for the completion of the lower lake silt removal, and cleaning of the Boyden Creek sediment filters.
Bids were reset for silt cleanup in the Huron River, specified for unit pricing.
A site visit with MDEQ defined the specific area of the Huron River cleanup; it now appears that we will have less to remove than previously speculated, thereby reducing that expense.
Exploratory meetings with the LAIA attorney and with JJR are underway for the purposes of identifying contractor obligations and beginning the process of cost recovery through insurance claims.
Lower lake bids were received and reviewed. The Project Management Team recommended the selection of DeWolfe Excavators as the contractor to complete the lower lake work. The Board approved.
A contract with DeWolfe has been drawn up by JJR, reviewed by the Project Management Team and has been completed.
A pre-construction meeting was held with DeWolfe, MDEQ and the Project Management Team to discuss specifics of the work and compliance with the project permit; the meeting has satisfied MDEQ pre-construction requirements to proceed with the project.
The contractor has set timetables for work, with approval by the project team.
The previous contract with Michigan Land Works is in the process of termination.
Klapperich Welding completed repairs to the dam sluicegate. The gate opens, closes and seals cleanly.
Site work began following Labor Day. The contractor compacted and leveled the disposal pile adjacent to the LASA plant in preparation for newly excavated silt. Erosion barriers were repaired and straw mats placed near the borders.
Contractor is rerouting the stream to the east side of the lake. This will dry out the west side so that the contractor can build a road from the west side of the lake to the remaining silt area.
The silt dam in front of the sluicegate will be enlarged to protect the sluicegate from east shore to west shore.
Chester Engineers of Ann Arbor has been hired to perform required check dam inspections weekly and after rainfall. The first inspection was Friday, September 5.
East Loch Alpine Drive will be closed occasionally during construction. Barricades will be placed on the roads by the contractor. Please use Midway Drive to West Loch Alpine Drive to enter and exit at these times. When the road is open it will have loose dirt or gravel on it, so please drive carefully.

Special Report – August, 2003

Lakes Restoration Project - March 31st, 2003

This second report is being written a few days after the Loch Alpine annual meeting, and in view of events at the meeting, it constitutes a major revision of the article that was sent to the LORE three weeks earlier. It is the understanding of the Lakes Committee that the Board has declared that, due to confusing language, the vote on additional funds for the lakes restoration project has been declared invalid. Especially to update those who were not present at the meeting, this report will consist of three sections: A review of progress to date; a summary of where the project presently stands; and the projected course of future action as of March 31st.

The overall project is well underway, with the restoration of upper lake itself in the final stages. Remaining components of the upper lake project consist of paving parking areas in Rock Park, Loch Alpine Park and the pathway and pad leading to the playground area in the park; landscaping, restoring the basketball court, a new bridge between the park and the pathway on the west side of the lake, boat storage racks, and a shoulder from Loch Alpine Park to the spillway area between the two lakes. The recovery of the lake itself has been a huge success, with recovery occurring more quickly and better than anyone would have predicted. For the first time in over a decade people were able to swim in the lake last summer.

In the lower lake, the contracted amount of silt has already been removed, but additional silt remains. The damaged spillway and sluice gate are presently being repaired, and in a month when the new concrete has cured, it should be possible to effectively operate the sluice gate for the first time in many decades. No “above lake level” work has yet been done on the lower lake. Just to review the material that was sent out in advance of the annual meeting, what remains to be done beyond silt removal in the lower lake project consists of pathways on both east and west sides of the lake, boat storage racks, fish restocking, landscaping, timber work and railings by the spillway leading into the lower lake off Midway, widened safety shoulder along the road from the outlet of Curlew Lane to east of the lower lake spillway and necessary work on the Lane 10 inlet to the east side of the lake. Mandated work to comply with our permit and to meet MDEQ requirements consists of surveys of the silt deposition sites on the upper and lower lakes and clean-up of Boyden Creek, as well as the part of the Huron River into which silt settled.

At the annual meeting, it was clear to the Lakes Committee that there was considerable sympathy for finishing the project as originally conceived, but that the Loch Alpine residents really wanted to know the total costs of completing the project. To that end, members of the Board and Lakes Committee met with JJR on March 31 to ensure that we soon get sufficient information so that we can present to the community as accurate an estimate as possible on the total cost of finishing the entire project. Critical items of information are as follows: an accurate estimate of the amount of silt remaining in the lake, which can now be more properly done with the water removed from the lake (at no additional cost to Loch Alpine); updated estimates on costs for paving parking areas; costs of construction of pathways around the lower lake; the cost of the retention pond at the base of lane 10; and costs of silt removal and overall restoration of Boyden Creek, as well as removal of the plume of silt from the Huron River. It is our hope that by the time you get this issue of the Lore we will have most of this information in hand.

What Next? At present, the Board and Lakes Committee are busy collecting as many accurate bids or financial estimates as can be obtained for the remaining elements of the project. This information will be presented to the community in a mailing that will occur at least 20 days before a special community meeting concerning the lakes restoration project. At this meeting there will be ample time for discussion, and members of the Lakes Committee and the Board will be on hand to deal with any questions that you might have. A special assessment vote covering the entire remaining costs of the project will be taken at this special meeting.

In the meantime, if you have any questions about the project itself, please contact Bruce Carlson by phone (426-2232) or by e-mail (brcarl@umich.edu )

Lakes Restoration Project - March 8th 2003

Silt removal on the lower lake continues in fits and starts. When silt removal first began, large amounts of silt were carted across the road and onto the designated LASA property. Then in recent days, activity came to a seeming halt or, at best, proceeded at a very slow pace. There is a good reason for this, which would not be apparent to the casual observer. As has been mentioned in previous Lore articles, The MDEQ has required us to construct two additional filter dams in Boyden Creek between Huron River Drive and the Huron River. Before this could be done, it was necessary to obtain permission from the landowners for vehicle access across their property to construct the filter dams. The landowner is the Huron Clinton Authority, which a couple of months ago gave us official permission, contingent upon our getting a permit for the dams from the MDEQ. JJR sent in the application for the permit, but no reply was forthcoming for almost two months. In the meantime, the contractor was able to remove silt from those parts of the lower lake where there would be no chance of any silt entering the creek running through the lake. Once that had been done, the contractor couldn’t do anything more until the MDEQ permit had been obtained and the filter dams constructed. The only reason for going through all of this for a Lore article is to let the Loch Alpine residents know that there are often good reasons why things don’t proceed in a manner that might seem most efficient to someone who is just walking or riding past. All this having been said, as of the day I am writing this, I noticed that there were tire tracks and a gravel pile on the Ann Arbor side of Boyden Creek below Huron river Drive. This suggests that the necessary permit has been obtained and that within a few days the filter dams will be complete. That being the case, we should see another burst of silt removal activity in the lower lake. I suspect that by the time this article hits the press, work on the remaining silt removal will again be in full stride.

On the upper lake, the main recent activity has been the deposition of the sand for the Loch Alpine Park beach. This article will be somewhat shortened because it may come out after the Loch Alpine Annual meeting, at which time the lakes restoration project will be discussed in more detail.

Update on Project and Costs, February 28, 2003

As most Loch Alpine residents are aware, the lakes restoration project is going full steam ahead, with most of the work associated with the upper lake already finished. As is evident to anyone who uses East Loch Alpine Drive, a lot of silt is making its way from the lower lake to the LASA property on the other side of the road. Recovery and the quality of the upper lake has been little short of spectacular, and there is every reason to expect that once refilled, the lower lake will recover equally well. Except for some minor touches, which will have to wait until spring, work on the grounds around the upper lake is nearly complete.

Costs of the anticipated components have come in very close to those originally estimated, but things that could not be anticipated have resulted in increased costs for both the upper and lower lake components of the project. In the upper lake, unexpectedly soft bottom due to springs required the rental of additional silt removal equipment for roughly $60,000. Costs of this were split evenly between LAIA and the contractor, so that Loch Alpine contributed a non-budgeted $30,000 toward the solution of this problem.

A problem with the sluice gate in the spillway of the lower lake had a compounding effect that has resulted in considerably increased costs for that part of the project. The attempt to open the sluice gate on the lower spillway, as was successfully done on the upper lake, was only partially successful because, as it turned out concrete, possibly spilled during construction of the spillway, had partially cemented the sluice gate shut. This resulted in damage not only to the sluice gate, but in a collapse of the concrete covering over the spillway. Because the mechanism that opens and closes the spillway was also damaged, a very heavy rain that occurred not long after the sluice gate was damaged resulted in considerable silt washing out of the lake and into the Boyden Creek outlet and the Huron River itself. This led to the MDEQ’s requiring a number of actions, such as extra check dams, silt removal below the lower lake dam and modifications of the stream flow within the dewatered lower lake. We estimate that dealing with all of these issues involving the lower lake will cost an additional $70,000-75,000 that was not budgeted. Thus the total cost to Loch Alpine of unanticipated expenses for the entire project is likely to be in the range of $100,000-105,000 ($30,000 for upper lake and $70-75,000 for lower lake).

The Lakes Committee and Loch Alpine Board do not plan to spend money beyond what has been taken in, and we have no choice but to comply with MDEQ requirements. Therefore, if we use only the money originally allocated ($662,000), a number of components of the project will not be able to be completed. There are certain things that have to be done regardless of where the money comes from. These come out to about $2,000-5,000 more than the $662,000 originally designated for the project. We propose that Loch Alpine residents vote on two supplemental funding packages, which would bring the project closer to completion as originally conceived. Proposal #1 is a minimal package that would come close to finishing the upper lake project, with some spillover into the lower lake component. Proposal #2 would fund items beyond those covered in Proposal #1 and would essentially complete the overall lower lake project as originally designed. Details of these proposals are given below.

Remaining things that absolutely have to be done.

Proposal #1 (minimal package)

Proposal #2 (to complete the overall project)

Basketball court, pole and backboard

Bituminous shoulder along road for walking from ramp in Loch Alpine Park to steps

leading to lower lake off Midway Drive

Complete landscaping

Lower lake storage racks

Five-foot gravel path from Midway Drive to Lane 10 on east side of lower lake

Three-foot gravel path along eastern shore of the lower lake from the lower lake

spillway to Lane 10

Two-foot wide bituminous path along edge of road from outlet of Curlew Lane around

spillway of lower lake to the path indicated in #6

Fishing dock on lower lake

Path on west side of lake from Midway Drive to end of Greenook

Timber wall at Midway above spillway

More wooden railings around Midway dam

Estimated cost - $62,000 or $140 per household

Cost of combined proposal #1 and #2 = $215 per household

November 6, 2002

Activities Planned

Issues and Concerns

October 1, 2002

Remaining Items on the Upper Lake

August 23, 2002

Urgent! The draining of Greenook Lake started on August 21st. The lake bottom is saturated with water and it is likely to contain fresh-water springs, areas of peat, and heavy deposits of silt. As the water recedes unstable lake bottom is exposed and this can be very dangerous for anyone who goes down on to it. All residents are requested to stay clear of the lake and please make an extra effort to make sure children aware of the potential dangers.

Greenook Lake Spillway: The damaged platform (see previous update) from the top of the spillway was successfully removed without further damage to the spillway itself. When the lake is fully drained our resident engineer, Barney Thomas, will inspect the entire structure. Keep your fingers crossed!

Dams: Many residents do not know that the State has mandated that all dams in Michigan meet a 200-year flood requirement. While our dams are in better shape than some might expect, they do not come close to meeting a 200-year event. The LAIA has contracted with J.C. Warns Engineering to take the first ste, a Hydrology study. This study required that we use the States estimates for a 200-year event and work our numbers back upstream from Barton dam to our lakes and dams. This was completed in early August and now we are working with the State Dam Safety engineer, Jim Hayes. The purpose of these meetings is to reach agreement with the State on the numbers and to decide which engineering methods will meet the requirements at the best cost. So far negotiations are going well. We made a positive impression on Mr. Hayes when he met with us on the spillway emergency. From the agreement, when reached, we will be able design and develop costs to complete the project. It appears that showing good faith and steady progress we will be working in a 3 to 5 year time frame to complete the project. The Board is aware of this situation and working to reduce costs and mitigate any future expense to the residents.

Bridgeway Inspection: Recently the MDEQ inspected our work to date, on and around Bridgeway Lake. We received six violations: some procedural and some physical. The Board, Lakes Committee and JJR Engineering consultants are working with the MDEQ to correct the cited items.

Important Reminder: All residents should take note of the warnings posted on both lakes. "Warning" signs have been posted on E. Loch Alpine. It will be necessary for construction equipment to cross the road when the dredging begins and the road may have to be shut down for periods during working hours for the safety of all. Furthermore, loose dirt, gravel and debris may be present on the roadway. Please be aware of these hazards and DRIVE SLOWLY when using the road on the South side of the lower lake.

August 2, 2002

Bridgeway Lake: The land bridge, retention pond and culverts are now complete, but this area should still be considered "under construction". The contractor still needs to place large rocks around some earthworks to stabilize them. Sand and pea gravel for the beach will be done when the land bridge will support the weight of the equipment needed to do the work. The 1100' limestone path from Rock Park to the park along side of W. Loch Alpine has been approved by the Board. Additional "natural" pathways are yet to come as the process proceeds. The grading of the playground will occur when the soil is sufficiently dry. A few feet under the top layer, the silt dredged from the lakes it is still very wet. The Lakes Committee will endeavor to finish all projects on the upper lake as soon as possible.

Greenook Lake: Three bids were received on dredging the lake. The contract was awarded to our current contractor, Michigan Land Works, for $179,500.00. With help from the DEQ, our permits were modified to allow us to use the spillway to drain the lower lake instead of pumping. On July 24th, a check dam was built below the spillway to prevent sediment from the lake flowing into the Huron River.

On Monday, July 29th, an attempt was made to raise the spillway gate on Greenook Lake. The MDEQ was on site to monitor our attempt to take advantage of their recent modifications to our permits. These changes would have save us time and money, if successful. This worked well on Bridgeway Lake and we were happy to find the gate mechanism worked and the spillway was structurally sound. Unfortunately, this was not the case for the Greenook spillway. Jim Christman and his son Dennis were on the spillway platform trying to raise the gate. The gate at the bottom was frozen and when it didn't move, even through the mechanism was turning, the stress crated was transferred into the concrete platform which then cracked in several places and shifted slightly. No one was injured and the platform remains on top of the spillway. However, significant structural damage was done to the platform and supports.

On August 2nd, members of the Board and various committees, in particular Neil Gerl, met the State Dam Safety engineer and an engineer retained by LAIA, to assess the problem. Neil has taken the responsibility of filing the required documents with the State for permits and possibly a State grant to help defray some costs. While everything is under control, the plan is to remove the platform and the supports from the top of the spillway entrance. Whether the gate mechanism can be saved is not clear. Possible damage below the waterline will be determined when the lake is empty. We'll now have to lower the lake using a siphon and /or pumps. This will add costs we had hoped to avoid.

Frequently Asked Questions (2001)

Answers to Common Questions About the Lakes Assessment

There has been some confusion as to the lakes assessments, payments, and how everything is handled. Hopefully the following should clear up many of the issues. If you have not paid your entire assessment in full, keep this as a source of reference in case issues and questions come up at a later date.

On June 14, 2000, the association approved a special assessment to be used for the lakes restoration project.
The assessment applies to all Category A lots as of June 14, 2000. These are lots that were improved with a house as of the assessment date, whether occupied or not. A single house on multiple lots is only subject to a single assessment.
The assessment is the responsibility of the property owner as of the date the assessment was approved but remains with the property regardless of changes in ownership. (See below for more details in the event of property sale).

What are the Assessment charges? When are they due? What is the billing procedure?

The assessment amount is $1,471 due on October 1, 2000. For convenience, an installment option is also available, allowing owners to extend the principal payments over a period of up to 10 years.
For the installment plan, any principal amount can be paid at any time but the minimum payment due in any year is $147 in principal ($148 in year 10) plus interest (finance charges) on the previous unpaid principal.
Bills are sent out annually reflecting the status of each homeowner's assessment. Payments are due annually on October 1st until the entire principal amount is paid off.
If payments are not made promptly (by October 1 of each year), then late charges are applied to the delinquent principal at the rate of 1.5% per month. Any delinquent amounts may result in the Board putting a lien on the property, following the same procedure that is used for dealing with delinquent annual operating assessments. This is generally done after repeated attempts to collect or to set up payment plans are ignored by the homeowner.
If a homeowner chooses to pay more on the principal in any year, the minimum principal and interest will still be due in the following year (although interest charges will be reduced in relation to the reduced principal amount).
The interest rate (finance charge) that is applied annually to the unpaid principal can vary, typically this will be based on the cost of borrowing money and managing the collection process.
When the assessment was levied, it was unsure whether a separate company would be hired to do the billing or whether we could manage it in house. We have now, due to a new computer system, been able to handle this process in house, which should enable us to save money.
Long term financing for the entire 10 years at a fixed rate was not available when the assessment was levied. Because so many people paid their entire assessment up front, it was unnecessary to go to a bank and borrow the money immediately so the initial interest charged as a finance fee stays with the lakes project budget. Year one interest as disclosed at the time the assessment was approved is ten percent. The bills show monthly finance charges at this rate, but the assessment is still billed only annually.
We will defer financing from a financial institution as long as possible depending on the cash needs for the project. The less we have to borrow, the lower the finance costs and the more money goes to actual work around the lakes.

What happens to the Assessment when I sell my house or buy a house at Loch Alpine?

(The following is clarification based on my 24 years of experience in the real estate business. It is not intended to be a legal opinion and anyone involved in a pending or recent transaction should make sure their particular situation is reviewed by competent legal counsel.)

The assessment was due on October 1, 2000. Normally, the owner as of the levy date of June 14, 2000 would be considered responsible for the entire payment unless provisions in your sales agreement state otherwise.
Anyone selling a house with a special assessment balance owing should disclose that fact to prospective buyers.
The amount owing at the time of closing is the principal balance plus accrued interest since the last payment including delinquent principal and interest if applicable.
Buyers and sellers should get payoff letters or status letters from the community manager indicating what amounts of principal and interest are owing as of the intended date of closing. Paying off the entire assessment at the closing is a good way to avoid confusion and future misunderstandings.
Buyers can agree as part of the terms of purchase to assume the special assessment and continue making the payments. Say a sale closes in February and the buyer assumes the assessment, one of two situations can occur. The closing company (title company, attorney, real estate company) credits or charges buyer and seller as appropriate for the principal balance still owed. Any interest for finance charges or late fees owed to the Association is then pro-rated as of the closing date and charged to the seller. In the first situation, if the money is not sent to the Association as part of the closing, the buyer should be credited for the charges, and should expect to be billed in September for a full year's interest. In a second case, the closing company actually sends the seller's money for partial interest to the date of closing to the Association. In this case, the buyers will only be charged for accrued interest from the date of closing in their next September bill.
Buyers and sellers should note that the Association's claims relate to the lots. It is not the obligation of the Association to structure real estate transactions. Unpaid assessments result in liens on the property regardless of who the owner was at the time of the initial assessment levy.
Buyers must do adequate research to identify what assessments are owed at time of closing. Failure to fairly represent assessments in real estate sales could result in litigation. Make sure title companies and attorneys are fully aware of the assessments and that the terms for paying off or transferring the assessment are made clear in the initial contract negotiation.

Why am I being charged a finance charge if I make my annual payment of $147?

The original assessment amount is $1,471. Homeowners have the option of paying it off in full at any time or, like buying a house or a car, can pay it in installments. Just like house or car loans, finance charges are applied only to the unpaid principal. Right now, the Association has not officially borrowed funds because over 50% of the homeowners have paid their assessments in full, allowing us to defer that necessity. When we do borrow, it will have to be at the going rate of interest. The ten percent interest rate applied to the first year was disclosed at the time of the special assessment vote and was based on what we could have expected to pay at that time to borrow the funds for our project. The funds for the lakes project are kept separately from the LAIA operating funds. No one is profiting from the interest charged; the monies stay in the lakes account; all monies can be accounted for and will be used to fund the lakes and dams improvements needed. If someone can borrow funds at a cheaper rate, they have the option of prepaying remaining principal at any time. The financing is merely offered as a convenience to homeowners who wish to use it.

10/07/02	Lower Lake Filter Dams were improved to handle additional water flow due to heavy rain Additional larger stone was placed to strengthen base of the Dams All Dams were raised one foot Access road to silt settling pond was paved with stone over geotech to avoid possible erosion into Boyden Creek.
10/08/02	Additional Filter Dams were constructed per MDEQ mandate Upper Lake final grading in the main parks is proceeding well The contractor transferred fill dirt from the Iron Treatment facility project to parking area at the main park. This will allows for a more suitable base for parking. The constructed fill dirt achieved a depth of approximately three feet over the underlying silt. This will likely eliminate the need for a costly geotech mat over the silt.
10/14/02	In the upper lake - additional 10 loads of fill dirt from Iron Treatment facility project was used to make the pedestrian ramp in the Main Park in a manner which will eliminate the need for an expensive Timber railing wall. The Contractor continues to grade the parks in preparation for seeding. Moisture in the soil continues to be a problem and is slowing progress.
10/21/02	MDEQ unannounced visit of the Lower Lake site produced a "generally pleased" response by MDEQ concerning our efforts to address the filter dams as they had mandated. The rerouting of the stream in the lower lake has yet to be accomplished. MDEQ's major concern is the amount of silt that may travel to the Huron River through Boyden Creek area. The potential issue of silt getting into Boyden Creek and on into the Huron River will continue to be of concern. Continue earth work in the main park - Upper lake - with a possible completion this week Man-hole in the upper lake was raised 3 feet to meet the grade elevation
10/23- 10/24/02	Basic grading and seeding in the upper lake's main park was completed. Drop culvert under pedestrian ramp was completed to carry storm water under ramp. All work required by the MDEQ has been completed: rerouting of storm water from the three culverts and the additional silt fence at the top of the slope.

9/15/02	Main Park Area Michigan Landwork's (MLW) bulldozer stuck in mud Progress is continuing Manhole in field area Cover was exposed per Neal Gerl request Riser needs to have specification designed
9/16/02	Lower Lake A dyke was built around the spillway to expose the sluice gate. The top of the gate was mortared causing it not to open was cleared Sluice gate was opened with excavator Neal G. arranged to have the fish catch on 9/17/02
9/17/02	Neal G's crew rescued over 800 fish, including some bass of up to 25"
9/19/02	Lower Lake Filter Dam Completed and needs support due to heavy rains Filter pond to catch silt was also dug to catch excess silt
9/20/02	Excess silt from Filter ponds was removed. This process must be repeated throughout the remaining project or until the stream cuts through the silt layer
9/25/02	Jim Christman met with Rick Schram of the MDEQ to review outflow into river MLW had to install a second filter dam nearer to the Huron River Drive Additional filter dam was an improvement but still was not adequate Further removal of silt from the settling pond was needed
9/27/02	Jim C. met with Rick Schram and Thomas Torongo (MDEQ) Considering closure of the gate enough to handle the flow of the water at the spillway and not the filter dams Cleaned out settling pond Considering building another filter dam closer to the river. More discussion needed Committee requested of MLW a "Notice of Coverage" from the state. This is important to know that the contractor is covered and LASA is named on the document. MLW stated the paperwork was submitted and waiting for a response from the state

Updates:

March 2005

What Has Been Accomplished In the Past Year?

What Needs To Be Done

August 31, 2004

December 4, 2003

October 28, 2003

September, 2003

Special Report – August, 2003

Lakes Restoration Project - March 31st, 2003

Lakes Restoration Project - March 8th 2003

Update on Project and Costs, February 28, 2003

Remaining things that absolutely have to be done.

Proposal #1 (minimal package)

Proposal #2 (to complete the overall project)

November 6, 2002

Activities Planned

Issues and Concerns

October 1, 2002

Remaining Items on the Upper Lake

August 23, 2002

August 2, 2002

Frequently Asked Questions (2001)

Answers to Common Questions About the Lakes Assessment