MOUNT VERNON—Barring any snags, repair work on the Knox County Cattle Co. dam could begin this summer.
The repairs and ultimate long-term solution of the Yauger Road dam are the subject of a lawsuit between the State of Ohio and The Landings Property Association Inc. et al.
Since 2008, the dam has been in violation of Ohio’s dam safety laws. In 2020, the Ohio Department of Natural Resources filed suit to determine the dam’s owner so that ODNR would know who must bring the dam into compliance.
Knox County Common Pleas Judge Richard Wetzel ruled in September 2024 that The Landings Property Owners Association owns the dam.
In October 2024, Wetzel appointed Jack Harris of Intercept Management Corp. as receiver for The Landings POA.
The dam has needed additional repairs (interim risk reduction measures) since 2022. Last fall, the City of Mount Vernon sent a Request for Qualifications for engineering services and a Request for Proposals (RFP) for construction work.
During a telephone status conference on Friday morning, Harris said that AK Hydro LLC of Cleveland was chosen as the engineering firm.
Haynes Construction of Norwalk is the contractor.
Harris said that ODNR’s Dam Safety Program agreed to classify the construction work as dam repair instead of dam rebuild. A repair is a quicker and less costly process.
Aaron Firstenberger, counsel for Harris and Intercept Management, said Harris and the city submitted emergency applications to ODNR.
“The permitting and everything will be done within the next 90 days,” Harris said. “Dam Safety requested we hold off starting until after the rainy season.”
“The expectation is that the IRRMs would begin sometime this summer,” Firstenberger said, adding that the IRRMs should be done by fall.
What do the cattle dam repairs involve?
The repairs include removing vegetation around the spillway and removing one tree downstream and two upstream.
The contractor must remove the trees before March 31 because of wildlife regulations relating to the habitat that would nest in the trees.
The repair work also involves repairing or replacing the existing spillway drain pipe and installing a new 24- or 36-inch pipe.
The new pipe will integrate with whichever final solution homeowners choose, thus avoiding cutting a second time into the dam.
“That is a significant cost savings,” Harris said.
The contractor must remove silt from the lake as part of the risk reduction measures. Harris anticipates selling the dirt to another dam project that needs dirt and expects to recover enough in sale proceeds to cover the trucking costs.
Firstenberger said that while Haynes Construction is repairing the dam, Harris will meet with area homeowners to reach a consensus on a long-term fix.
He will also work on securing funding.
Funding the repairs
The Knox County Board of Commissioners contributed $1 million in American Rescue Plan Act money to dam repairs. As of Dec. 2, 2024, about $842,000 remained.
Harris will also research grants and zero- or no-interest loans.
Firstenberger said he expects homeowners will have to show how they will pay off the debt in the future when applying for loans.
Stephen Chappelear, attorney for multiple homeowners in The Landings, noted that other parties involved in the lawsuit have not seen the agreements with AK Hydro and Haynes Construction.
The scope, cost, and plans are unknown. He requested copies of those contracts and verification of the amount of ARPA money left.
Construction bids submitted for rehabilitating the Knox Cattle Co. dam
Mark Haynes Construction: $1,099,750
Petty Farms LLC: $1,747,500
Shrock Premier: $1,365,657.52
Smalls Asphalt: $1,649,490.38
The Ruhlin Co.: $2,342,450
Palmer & Sons: $1,724,852
Source: City of Mount Vernon
Harris said Mark Haynes Construction bid about $1.2 million.
Harris said he called Haynes’ references because he did not anticipate that low amount and was concerned about numerous change orders that could potentially increase the cost.
“The references had good things to say about the company and the quality of work,” he said.
Judge Wetzel asked Harris to file copies of the contracts and the remaining ARPA money with the Clerk of Court.
He also ruled that the city cannot disburse money or make any payments without applying for permission. Other legal counsel and parties have seven days after the city files the payment application to file an objection or request more information.
Wetzel said he would hold expedited hearings if necessary so that a contractor does not have to wait for payment.
