MOUNT VERNON — Interim risk reduction measures (IRRM) for the Knox Cattle Company Dam on Yauger Road could get underway in the next few weeks.
Stephen Samuels, outside counsel for the City of Mount Vernon, said in a telephone pre-trial conference on Friday that he expects the Ohio Department of Natural Resources to distribute a plan early this week detailing what those measures are.
The conference, initiated by Common Pleas Judge Richard Wetzel, was to determine the progress made in a civil suit involving 135 parties that ODNR filed in June 2020. The suit seeks to determine ownership of the dam so that ODNR can institute IRRM to bring the dam into health and safety compliance.
Repair plans call for the city to build a ramp from Yauger Road across Waters Edge property to the crest of the dam. The city has an easement to the dam off of Mallard Point, but City Engineer Brian Ball said that route would involve considerable excavation. Additionally, he said there are telecommunications lines in that area.
The ramp will remain in place for use for future emergencies.
“We would not spend money to have this ramp removed,” Ball said on the conference call.
The repairs also include removing 60 feet of outlet pipe that is severely corroded.
All of the attorneys involved in the suit, as well as individuals representing themselves, will receive a copy of ODNR’s IRRM and motion to proceed. They have seven days to respond.
Wetzel will hold a non-oral hearing 10 days after ODNR files the motion. Barring any major objections and provided that Waters Edge grants access across its property, Wetzel will grant the motion and work will get underway.
Wetzel ordered the attorneys to prepare a written joint report to be distributed to parties and residents involved so that “when they see a ramp being built and moving equipment, people will know what’s happening.”
In discussing the scope of the report, one attorney questioned whether all of the long-term permanent-fix options should be included, even though costs are not yet known nor which option will be chosen. Another attorney noted that if only immediate safety measures are included, nothing will be solved.
“These residents need some sort of vision what that [long-term resolution] will look like and will have some input,” Wetzel said. “Something needs to be said about what’s next, even if it’s not defined.
“We need to walk the residents through what we know and how we acquired the information,” he continued. “It will be easier to explain when we finally do get to the point of choosing an option.”
Wetzel requested the report to be completed in the next 14 days. It will be circulated among all legal counsel for comments or additions. Wetzel ordered that the letter to residents be mailed by Nov. 1.
Funding
Ball anticipates the repairs will be completed by Thanksgiving. The cost will range between $50,000 and $125,000. He said the amount of soil needed for the access ramp is not yet finalized.
“We [the city] would probably do the work, and then seek reimbursement,” Ball said.
Funding is anticipated to come from the county. Wetzel requested the attorneys to submit a joint application to the commissioners. The application should include the interim risk reduction measures plus anything else.
“Something you think will cover what needs to be done,” Wetzel told the attorneys, “for the purpose of assuring residents there is some mechanism for covering these costs.”
In July, Attorney Kim Rose, who represents several parties in the case, sent a letter to the Knox County Commissioners requesting them to consider a grant “in the $500,000 to $750,000 range, if not a bit higher.”
The commissioners agree funding the repairs is an allowed use of ARPA money (American Rescue Plan Act), but they have not committed a dollar amount.
Commissioner Bill Pursel said there are two options available: the minimal amount of work needed to accomplish safety compliance and the “wish list.”
“We are willing to help, but we’re not sure if we want to fund the whole thing,” he told Knox Pages on Friday after the telephone conference. “The pond does not necessarily need to be as big to handle runoff. Now if they want to have a pond for aesthetics, I’m not sure we want to fund that. That’s not what we do. That’s private property.
“We’re still waiting to see where the dollar figures are and what specifically needs accomplished,” he added. “We want to make sure the area is safe. Beyond that, what it takes to make it pretty I’m not sure we’re willing to do.”
Joining parties
Judge Wetzel reiterated his position that more parties need joined to the suit, specifically Waters Edge Condominiums and several lots on Mallard Pointe. He will prepare a proposed “order to join” and circulate it to all legal counsel.
“There may be a few other parties, but we’ll start with those,” he said, noting that the further the case progresses, the more work might be involved with adding parties later.
