Dam Maintenance in Shaker Heights Faces Potential Legal challenge
Maintenance work on the Lower Shaker Lake dam in Shaker Heights began Monday, prompting a warning of potential legal action from a local attorney. The Northeast Ohio Regional Sewer District (NEORSD) initiated the work on both sides of the dam’s principal spillway, anticipating completion within three to five days.
NEORSD officials state the maintenance is “crucial to help prevent erosion of the earthen dam and thereby reduce the risk of an uncontrolled breach,” according to spokeswoman Jennifer Elting. “A breach of this nature would threaten downstream assets in University Circle and potentially cause loss of life.”
Though, Cleveland Heights attorney Erin R. Flanagan is demanding the project be halted, threatening to seek an emergency injunction in federal court. In a letter to the NEORSD Board of trustees sent Thursday, Flanagan argues the dam is located within the Shaker Village Historic district, listed on the National Register of Historic Places. She contends the work violates federal law by proceeding without completing required reviews under the National Historic Preservation Act, the National Environmental Policy Act (NEPA), and the Clean Water Act.
“NEORSD bears non-delegable duty for ensuring that its affiliated entities do not violate federal law under the banner of NEORSD’s announced project,” Flanagan’s letter states. She requested confirmation by noon Friday that all work would cease,warning of potential emergency injunctive relief if her demand isn’t met.
NEORSD maintains the maintenance is routine and is authorized by a 2018 U.S. Army Corps of Engineers permit. Elting asserts the work will not negatively impact historic resources or endangered species habitat.
Lower Shaker Lake and nearby Horseshoe lake have been a defining feature of the Shaker Parklands for nearly two centuries. Created in the 1820s by the North Union Shakers who dammed Doan Brook to power a sawmill,the parklands now span Shaker Heights and Cleveland Heights,attracting birdwatchers,hikers,and anglers. The Nature Center at Shaker Lakes was designated a National Environmental Education Landmark in 1971, and audubon Ohio identified the area as an Important Bird Area in 2001.
This current maintenance is separate from NEORSD’s previously considered plan to remove the dam and restore Doan Brook, a proposal that generated significant public debate last summer. NEORSD ultimately reversed course,citing updated flood modeling and cost estimates. Rebuilding the dam and dredging sediment was projected to cost approximately $55 million, compared to $45 million for removal. The district persistent the dam no longer provides flood-control benefits, disqualifying it from funding through its stormwater program.
NEORSD has stated it will inform Cleveland Heights and Shaker Heights of any changes to the work schedule. Nerone and Sons is scheduled to stage equipment on Brook road friday.
