Crews begin removing Providence Mill Dam on Silver Creek in New Albany

NEW ALBANY, Ind. (WDRB) -- Crews have begun removing the Providence Mill Dam, also known as the Glenwood Park Dam, on Silver Creek in New Albany.

The city said Tuesday its work is complete after crews finished removing tons of rock from the dam. A permit to begin the removal process was also granted.

Footage captured from WDRB's drone shows the beginning of the removal process, and video posted to the city's Facebook page Tuesday shows the dam after the rock was removed.

This comes after the city was granted an extension to remove the rocks.

The removal of the rocks is part of an agreement reached a lawsuit settlement last month between the city and the Indiana Department of Natural Resources over the dam and "emergency maintenance" ordered by Mayor Jeff Gahan in August 2024, following the death of 14-year-old Andre "AJ" Edwards, who drowned on Memorial Day.

Officials said Edwards got caught in a hydraulic roller in Silver Creek, which is a recirculating current "often formed near low-head dams." His death renewed calls to remove the dam over safety concerns.

Gahan ordered the work in an effort to make the dam safer by dumping tons of rock into it.

Under the agreement, the city was ordered to remove the rock, relocate it, and authorize the Ecosystems Connections Institute and River Heritage Conservancy to remove the dam when water conditions are safe.

The original deadline for the city to remove the rocks was Jan. 1. But with the work still underway, the DNR granted the city an extension last week to complete the removal process by Jan. 11. It's unclear whether the city was granted an additional extension to have the work complete by the Jan. 13.

Once the dam is removed, the city will monitor the water levels as crews prepare to install a rock-riffle feature.

The installation of the rock-riffle (Rock Arch Rapids-style) structure was also part of the settlement agreement.

Rock riffle structures "significantly increase waterway safety while creating an attractive, naturalized environment suitable for swimming, wading, kayaking and fishing."

What led to the settlement

The legal battle over the dam on Silver Creek in New Albany lasted for months after Edwards' death.

After the Indiana DNR and U.S. Army Corps of Engineers ordered the emergency work to stop, Floyd Superior Court issued a temporary injunction ordering Gahan and the city to stay away from the dam as the state sought a permanent injunction.

Last March, the DNR asked the same court to take action against the city over the dam and stop it from filling the dam with rock, remove what had been placed, and pay DNR expenses, including attorney's fees.

At the time, DNR officials said the agency sued to have the rock removed but had been stonewalled by the city, claiming leaders repeatedly refused to participate in discovery or depositions for months. The DNR also filed for default judgement.

The fight went to court in May, the state arguing Gahan and the city had not been forthcoming with information about the emergency maintenance performed at the dam.

In October, the city took its fight over the removal of the dam to the Indiana Supreme Court, requesting the court to decide on the dispute over the dam. The Indiana Court of Appeals had already ruled against New Albany, finding the city does not own the dam.

In the petition to transfer, the city said "this court should accept transfer to address a significant departure from administrative law and an erroneous interpretation of the Flood Control Act that as a matter of first impression."

The city also claimed the DNR didn't have the authority to issue the demolition of the dam, a right that's "outside the scope of the authority granted to it by our Legislature," according to the petition.

The legal battle ended in December with a comprehensive agreement "resolving all outstanding legal matters" and "establishing a collaborative path forward to improve safe access to Silver Creek."

The city will also withdraw its petition for transfer under the agreement. Additionally, the DNR will withdraw its citation for the city's violation of putting the rock at the dam, and will not issue a Notice of Violation of the Indiana Flood Control Act against the city for placing the rock in the dam as long as the city removes it.

Yearslong battle over the dam's future

Prior to Edwards' death, the dam had already been caught up in the courts with the city, specifically Gahan, suing to stop the dam's removal.

In March 2021, as part of its ambitious southern Indiana parks project, the River Heritage Conservancy and Ecosystems Institute applied for and were granted a permit to remove the dam, calling it dangerous as ecologists raised concerns about possible safety issues when the water is low enough.

The permit was approved June 9, 2021, by the state Division of Water.

That same month, the city signaled its intent to appeal the permit over concerns that that “there had been inadequate study of the possible impacts of removing the low head dam,” Gahan wrote in a June 14, 2021, letter to residents near the creek. He said the city had a handful of unresolved questions even after the permit's approval.

The city filed a lawsuit to prevent the dam's removal in November 2023.

New Albany reaches settlement over Silver Creek dam dispute

New Albany petitions Indiana Supreme Court to hear Providence Mill Dam case

New records reveal New Albany spent more than $124K on controversial Silver Creek Dam work

Fight between city, Indiana DNR over dam in New Albany returns to court

Legal battles, safety concerns fuel controversy over low head dams in southern Indiana

Indiana DNR asking courts to take action against New Albany over Silver Creek dam

New Albany councilmembers continue battle with mayor over money spent on Silver Creek dam

New Albany mayor misses deadline to restore Silver Creek dam twice

Court orders temporary injunction against New Albany to stay away from Silver Creek Dam

Federal government issues warning to New Albany mayor for 'emergency maintenance' at Silver Creek Dam

Indiana DNR orders city of New Albany to stop emergency repair work at Silver Creek dam