Story originally printed in the Vernon Broadcaster or online at www.vernonbroadcaster.com
Published - Thursday, May 15, 2008
County still trying to plot course for Jersey Valley dam
There has been no end to waffling on how Vernon County should proceed when it comes to fixing the Jersey Valley dam.
The Vernon County Land and Water Conservation Committee thought it had moved ahead in April when the Vernon County Board of Supervisors approved the Natural Resource Conservation Service (NRCS) plan to fix the dam, but the committee is already rethinking that position. The county board is still leaving both of its final options on the table, but approved the NRCS plan last month so the agency could request money for the project from Washington.
NRCS is the federal agency that helped build the dams in the 1960s and 1970s and has maintenance agreements with the county for most of the 22 structures in the county. However, the county has been contemplating severing its relationship with the agency on the Jersey Valley repair project because the only option available through NRCS that the county can afford is to reduce the lake to half its original size, lowering the dam by 18 feet.
The other option to repair the dam was proposed by a private engineering firm that will grout the leaking rock under the dam and in the hillside and return the dam to its former size. The downside of this fix is that the county will no longer be eligible for money from NRCS. However, NRCS has not had any money available in the last couple of years and may not have any available for some time, according to land and water officials.
NRCS has asked the county to commit to a fix, so it can complete the design process and apply for money in the next federal budget to do the repairs. On April 8, the county board passed a resolution approving the NRCS fix, but also left the option open to pursue the other private fix. That has NRCS concerned they may get funding and then not be able to complete the project.
On April 8, the county board debated a resolution that originally included the language "Be it further resolved this approval remains binding only if federal funds are made available before Sept. 30, 2009." The county board amended that language to say, "Be it further resolved that this approval is for the plan only not for implementation."
Local NRCS representative Sam Skemp expressed state water quality conservationist Tom Krapf's concerns to the land and water conservation committee last week.
"Tom is not comfortable asking for this funding when in this approval that the language is in there that it is not for implementation," said Skemp. "He doesn't feel comfortable with a situation where he is going to ask for funding and then here it is documented that we are approving the plan but not implementation of the repairs. So, he feels with that kind of wording he can't move forward with a funding request with that wording."
County Conservationist Kelly Jacobs said the indecision also makes it difficult for the county to pursue some of its options.
"As long as both options are still on the table then we as staff have a hard time applying for grants or funds for one fix or the other," said Jacobs. "Usually if you apply for a grant they want to know what you are spending the money on and right now we as staff can't tell them that."
Jacobs said her understanding in talking to NRCS officials is that they would not apply for money without a commitment to implementing whatever fix they ultimately design. Jacobs and Skemp said Krapf would like the county to make some kind of commitment by June 9.
For NRCS to restore the dam to its original design, like the other plan would, the dam would need to be rebuilt to "probable maximum precipitation" standards or 33 inches of rain in 24 hours at a cost of about $15 million. The private engineering firm fix would not be built to that standard but it would meet state DNR standards. The DNR is ultimately the agency that controls all dams in the state.
"This isn't nice," said Will Beitlich. "He is kind of twisting our arm here."
"What he is saying is that Vernon County wants it both ways," said county resource conservationist Phil Hahn.
New committee member Frank Easterday asked why the county can't simply refill the lake.
"If you ask the people of Vernon County, everyone wants that lake back," said Easterday.
"Then you need to not accept the NRCS plan and tell them to quit working on it," said Hahn. "That is what they are saying."
"That lake is old and it has been there a long time and withstood some awful… I don't understand where the big problem is with that lake," said Easterday.
"It leaks through the hillside," said Hahn.
"Yeah, I know, but they have been there forever," said Easterday.
"It always has, right?" asked Beitlich.
"The longer a leak persists the more soil from the hillside it is going to carry with it," said Jacobs.
Jacobs said the leaks started in the 1970s and has gotten increasingly worse.
"If soil goes through the hillside of a dam, the dam is likely to go," said Jacobs. "Which is why the DNR has us under orders to repair."
"But these dams aren't 100 percent safe I don't care if it is Jersey or any one of them," said Easterday. "And if you live below one of them and you get a 20-, 30-inch rain, you better be ready to run."
Jacobs said all dams do include risk but the risk at Jersey Valley as assessed by the DNR is too great as it is now. The DNR has extended their order to repair until September and they will allow the county to continue to work on the issue if they have a plan in place by that time. Jacobs said state DNR officials have indicated they may have a difficult time extending the order to repair without a decision from the county.
Easterday asked what the punishment is for farmers who spread manure in conditions that cause runoff. Jacobs said it depends on their management plan and the size of farm, but if manure reaches a waterway the DNR can fine farmers for fish kills.
Hahn said the county agreed to take care of the structures after the federal government built them and the county "legally, fiscally and morally" responsible for loss of life if they should fail.
"Here is the catch, we are responsible," said Hahn. "If something happens to one of those structures and one of them breaks and somebody is killed, Vernon County is responsible. Our insurance will cover it but if one of those structures fails and it is shown we didn't do due diligence in taking care of these structures, let's say waiting four, five years after receiving an order to repair a dam, and that structure fails, and someone is killed, not only is there civil penalties, but there are now criminal penalties as well. If you back up water you are responsible for its release."
Beitlich said the committee may need to take the issue back to the county board yet again given the new information from NRCS but said he sensed the board was "really tired of hearing about" the issue.
"I am ready to take (Jerome) Hundt's plan," said Easterday.
Easterday was referring to a plan proposed by Cashton area resident Jerome Hundt that calls for using local contractors to pour cement in the leaking areas to fix the structure. Hundt has attended nearly every land and water committee meeting since the issue has come up and insists the idea would work. LCC staff have repeatedly told Hundt the plan has to be approved by a certified engineer before the DNR will accept it.
"I will be brutally honest his plan is a crackpot plan," said Hahn.
"Sure it is, but you don't have any other options," said Easterday. "He has come up with the best idea of anybody."
"It is a bad idea," said Hahn.
"Sure it is a bad idea, but what other ideas do we have here?" asked Easterday.
"You have three alternatives," said Hahn. "You can do a short dam with half a lake and get 65 percent cost share. You can do a full dam and full lake and take on 100 percent of the cost with Lee Nerison's $500,000 or we can take it out."
Hahn said taking the dam out would cost about $1 million.
County parks administrator Rod Engh asked if the county had considered looking at a referendum to ask county residents to back the spending and clearly spelled out the fiscal impact of the repairs.
"You always talk about Vernon County wants this," said county board chairman Tom Spenner. "The other half of the county doesn't talk that way, the eastern part. Keep that in mind."
"From a legal standpoint it is Vernon County, period," said Hahn. "All the way from Genoa to Hillsboro every taxpayer has a responsibility… you folks as representatives to take on the responsibility to legally maintain all 22 structures."
When asked if the people of eastern Vernon County want to see the dam repaired Spenner said "They don't want to see their taxes used for that."
"They don't want to see it repaired?" asked Easterday.
"The can't see where you are going to get the money for it," said Spenner.
"But the folks in Hillsboro don't use Hwy. 35 and that got cleaned up, too, it's the same deal." said Hahn.
"No it isn't, that's their philosophy down there," said Spenner.
That led others to ponder the county’s extended dam repair needs.
"Are they going to do the same thing to us and we haven't even gotten through this one, which we can't comprehend," said Beitlich. "That's what scares me we have this other $10 or $12 million... over the top of us and then we are just simply going to say no because that is just immense."
“You can't legally say no,” Hahn said. “You either need to fix it or take it out.”
Hahn said the responsibility for the dams was given to local government because it can levy taxes to maintain them.
Beitlich said he is not against fixing the structure but felt the county board needs to make that decision. County corporation counsel Greg Lunde asked how many of the county's 22 structures need repair work.
"Twenty-one," said Hahn.
"Varying from $5,000 to $3 million?" asked Lunde.
"Yes," said Hahn.
The total cost of those repairs has been roughly estimated at about $10-$11 million and Lunde asked if the county could bond for the entire $10 million.
"NRCS is going to cost share on at least 20 of those and it may be 21 depending on what we do with Jersey Valley," said Lunde.
"They won't cost share on Runge Hollow and the others that are high hazard it will be the same deal as Jersey Valley because they cannot fix it to the high hazard," said Hahn.
Hahn estimated it would take three to five years to complete all the repairs.
Easterday said he would like to find a way to do all the repairs without the high cost per dam.
"It depends on the dam," said Hahn. "Some are leaking through the hillside and that is what has caused dam failures."
"Who says they are leaking through the hillside?" asked Easterday.
"That would be me watching water pour out of the hillside during the August flood and carry boulders 100 yards away," said Hahn. "That is volume and velocity."
"I would have to see that with my own eyes," said Easterday.
Hahn gave the committee a rundown of the repairs needed at some of the dams and the committee asked for a tour of the structures to view the work that needs to be done.
Beitlich asked that the resolution either approve the NRCS option or go back to the county board on June 9 with a detailed explanation to the board by county staff. Lunde said that the board would need to rescind the motion it passed last month that approved the NRCS option.
All stories copyright 2006 Vernon Broadcaster and other attributed sources.