MOUNT VERNON — Residents responsible for bringing the Knox Cattle Company dam into compliance with the Ohio Department of Natural Resources can now evaluate options based on estimated cost.
Receiver Jack Harris of Intercept Management listed three alternatives in his report filed July 24 with the Knox County Common Pleas Court.
Common Pleas Judge Richard Wetzel appointed Harris receiver in October 2024. Harris represents The Landings Property Owners Association, the entity that Wetzel ruled owns the Yauger Road dam.
Compliance costs range from nearly $1.1 million to $303,525. Maintenance costs are in addition to repair costs.
The Knox County Board of Commissioners contributed $1 million in American Rescue Plan Act funds to bring the dam into compliance.
Through June 12, $86,942.03 has been spent, and $70,000 is reserved for Intercept Management as receiver.
The remainder is encumbered for Haynes Construction ($634,500) and AK Hydro LLC ($208,557.97).
Harris scheduled a meeting for Wednesday, Aug. 20, at 5 p.m. at The Woodward Opera House to discuss the alternatives with homeowners and other interested parties.
Following are the alternatives Harris listed in his report.
Alternative 1: Maintain Class 1 structure of the dam, $1.1 million
This alternative subjects the cattle dam to ODNR oversight and regulation. It is the most expensive of the three alternatives, coming in at $1,099,750.
According to the report, it carries significant maintenance expenses for the POA and potentially other residents.
Because it is significantly greater than the ARPA money available, this alternative requires long-term financing to pay for the balance of the project.
Alternative 2: De-regulate the dam, $303,525
Alternative 2 reduces the dam’s height and limits the maximum storage volume to 15 acre-feet. It involves a single pool with a lower floor.
Although the cost is under the available ARPA funding, ongoing maintenance costs are greater than those of Alternative 3. Costs primarily are associated with mowing and caring for a marshy area surrounding the pool.
Alternative 3: Two pools and a causeway, $701,525
The dam embankment would confine the lower pool, with a causeway establishing the upper pool.
Ongoing maintenance is less than alternatives 1 and 2.
The report states that Harris believes that “even after considering administrative and other costs associated with the project over and above the estimate, there is a good chance that Alternative 3 could be completed for not more than the available ARPA funds.”
The city will have to forfeit the ARPA money if the funds are not used in 2025. According to the report, Alternative 2 would likely result in an overage that would need to be forfeited.
Harris also noted that, as with any construction project, cattle dam rehabilitation could incur cost overruns with any of the alternatives. The POA would have to borrow money, which adds to its expenses.
Additionally, according to AK Hydro, Alternative 3 provides “equally strong protection against flooding to the affected properties as either of the other two alternatives.”
Harris recommends Alternative 3 after considering safety as well as initial and ongoing costs. He submitted a pre-construction notification to the Army Corps of Engineers detailing a scope of work covering alternatives 3 and 2.
However, he wants to meet with homeowners on Aug. 20 before he petitions the court for authority to proceed with Alternative 3.
Who will pay for the cattle dam rehabilitation and ongoing maintenance?
Harris is evaluating several options for who pays for rehabilitating and maintaining the cattle dam. Options include:
•Residents of Phases VII and VIII who are members of the POA, which owns the dam
•All subdivision residents
•All affected property owners who stand to benefit
The report notes that charging property owners outside of The Landings Phase VII and VIII would involve adding them to the present suit or creating another lawsuit to establish jurisdiction over them.
