Vernon Broadcaster

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 The county board amended that language to say, "Be it further resolved that this approval is for the plan only not for implementation."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"Tom is not comfortable asking for this funding when in this approval that the language is in there that it is not for implementation," said Skemp.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.

The Truth Please wrote on May 19, 2008 3:25 PM:

" There are two possibilities here. We did need Jersey Valley for flood control, or we never did and we were lied to again so they could rob us of more tax dollars. So, the bottom line is, WHICH is it? "The Truth" please. In addition, speaking from a purely recreational standpoint; why is it that certain pet projects get passed so that we can all fund things that only a few people use and yet, Jersey Valley, who is used by many more of our citizens is allowed to stay in this stage? Jersey Valley was used by families and is sorely missed by many in our community. This seems like a prime example of politics and red tape to just drag this out.

There were many families with small children, elderly and handicapped that used Jersey Valley. We resent being forced to support all these other pet projects that only a few get to use, while Jersey Valley is allowed to stay in this deplorable condition. They say our budget is in trouble and that they are going to cut road funds this year. Just what we need, LESS clearing of our roads in winter, so some of us can be trapped even longer, but no worries, we'll have a skate park, new bleachers because we're already not paying enough in property taxes on our school system, ice skating rinks, multi-use bike paths, etc., etc., the list goes on and on. Where IS our tax money going? Are all these pet recreational projects costing much more then they're telling us they are? How can other states give many more services for a lot less in taxes? We can't even afford to fix Jersey Valley with the exorbitant taxes we pay? What ARE we paying for? How about fixing Jersey Valley for those who physically can't use other methods of recreation, as WELL as for flood control? And.. how about doing it, in THIS lifetime? "

Correction wrote on May 19, 2008 11:57 AM:

" Jersey Valley Dam (and Sidie Hollow Dam) were designed to function for BOTH purposes of flood control AND recreation. Addtional height was added to each dam to accomodate a "recreational pool" over and above the "flood storage pool".

This is NOT the case at Runge Hollow, Seas Branch, Hidden Valley, Ostrem and Jacobsen. Those dams have a "wet sediment pool". A sediment pool is height built into the dam to accomodate sediment that builds up over 50 or 100 years. It can be "wet" and not affect the flood storage capacity of the dam.

The safety issue at Jersey Valley is NOT with the dam itself. It is with the hillside it is attached to. The Dahlen Dam failed through the hillside in 1978; and Runge Hollow leaked badly through the hillside the same year. As did Clockmaker. Sidie Hollow Dam nearly failed-on-filling due to a leak in the hillside, and continues to leak underneath the auxiliary spillway. During the 2007 flood, Seas Branch and Yttri Dams flowed significant volumes of water through the hillside also, as did Hidden Valley. "

Fix it and fill it wrote on May 19, 2008 10:41 AM:

" The Yttri- Primmer Dam was designed as a dry dam. Jersey Valley, Rung Hollow, Sidie Hollow, Seas Branch, Hidden Valley and others were designed as wet dams, with a lake behind them. You can see the difference in the exit drain construction. I would suggest that all of you take a drive by the Yttri-Primmer Dam (Maple Dale) and look at the horrable eyesore that this creates. The Yttri-Primmer Dam suffered damage from last summers flooding as well. "

No Lake wrote on May 19, 2008 6:34 AM:

" Just fix it to stop flooding and move on. "

Another Concerned Citizen wrote on May 17, 2008 6:56 PM:

" If this wasn't such a serious matter, it would almost be laughable. Board Chairman Tom Spenner doesn't want to spend a dime on the dam because it doesn't involve his constituents in the eastern part of the county. Mr. Spenner, your responsibility is to do what is best for the county, not just Hillsboro. I hope your fellow board members remember your stand the next time the Hillsboro area needs something from the county.

Board Member Frank Easterday won't accept that the dam is leaking because he hasn't seen it with his own eyes. How ridiculous is that? He then admits that the plan proposed by Jerome Hundt is a "crackpot plan," but wants the county to fund it anyway because he says there are no other alternatives. Mr. Easterday, as you well know, there are three other legitimate alternatives. Just because you don't like them, that does not mean they don't exist.

In the end, the county board has a legal responsibility to repair the dam or remove it. All of the waffling, indecision and tortured logic in the world won't change that. "

Dennis Brault wrote on May 17, 2008 11:38 AM:

" Ralph, Are you saying that the dams should not repaired? Are you saying it should be repaired but then left dry? If left dry how should this dry resource be managed? What would it look like? "

Very Concerned wrote on May 17, 2008 8:17 AM:

" Mr. Widner you make an excellent point. People seem to fail to realize those dams were built to NCRS specifications These dams were designed as dry dams. If they had been built to the DNR specifications for 10" of rain in a 24 hour period the dams would not have withstood the rains last fall. My home, below one of those dams would have been lost along with others in that watershed. Can we afford to cut off any and all future support and rational recommendations from the body whose standards have a proven record of saving lives and property? We need to do what we have to do, not what we want to do. Listen to the NCRS. Repair them right and leave them dry. "

Ralph Widner wrote on May 16, 2008 1:21 PM:

" As ex-president of the West Clinton Watershed Association, in my opinion what we should keep in mind is what the original intent of these dams was: to protect the homes, fields, roads & bridges from the terrible flooding that used to occur and not to provide recreation. Those dams are perfectly safe for that purpose if left dry. I still live below he Jersey Valley dam and have no fear of said structure if left dry. The only reason Bloomingdale and Avalanche are still there is because the Jersey Valley dam was empty during the floods of 2007. Respectfully, Ralph Widner. "

Concerned Citizen wrote on May 15, 2008 9:14 PM:

" Wow. Can't wait to see what happens next. "

Boomer wrote on May 15, 2008 9:27 AM:

" To Very Concerned ;
Mr Hundt is offering to donate his own money to help fix the dam , not profiting in any way. He has taken the time to try to be part of the solution , not just a no nothing critic of other peoples work - like you. My advice to you is to keep your pen still if you dont know what you're talking about , ie this case. "

To Very Concerned wrote on May 15, 2008 12:04 AM:

" You forgot to say what you think is best, what is reasonable, and what is responsible? "

Very Concerned wrote on May 14, 2008 9:55 PM:

" It is unfortunate that a group of "adults" who apparently have the capacity to get themselves elected don't possess the capacity to complete a rational cycle of communication. "Of course it's a bad idea, but it's the only plan we have"? Mr.Easterday, you scare me. What is your relationship to Mr. Hundt? Grouting is literally throwing money into a hole the size of which cannot be determined. Furthermore, pressure grouting has the ability to fracture already fragile limestone in the hillside creating even bigger problems of a potentially unpredictable magnitude. Mr. Hundt is looking at a cash cow that he can milk for long time and quite profitably at that. I would urge you people to do what is best, what is reasonable, and what is responsible. Don't chase shadows, and act like adults not clueless adolescents. "

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