MOUNT VERNON — Residents filled The Woodward Opera House on Wednesday night to learn the solution for repairing the Knox Cattle Company dam on Yauger Road.
Jack Harris of Intercept Management recommended a solution that deregulates the dam, essentially restores it to its initial footprint, and has a low maintenance cost.
The dam is a Class 1 dam, but it no longer meets the Ohio Department of Natural Resources’ safety regulations. ODNR filed suit in 2021 to determine the owner so that the dam can be brought into compliance.
Common Pleas Judge Richard Wetzel ruled in September that The Landings Property Owners Association owned the dam.
He appointed Harris receiver for the defunct POA in October 2024.
Harris considered three alternatives before choosing Alternative 3 for $710,000. The American Rescue Plan Act (ARPA) money contributed by the Knox County commissioners will cover the cost.
Of the commissioners’ initial $1 million contribution, $86,942.03 has been spent and $70,000 is reserved for Intercept Management.
The remainder is encumbered for Haynes Construction ($634,500) and AK Hydro LLC ($208,557.97).
Harris said construction will take about two months once the city receives the permits and can be completed this year. The federal government’s deadline for spending ARPA money is Dec. 31, 2026.
However, local officials placed a deadline of Dec. 31 of this year due to a potential clawback of grant money by the Trump administration.
Harris recommends solution similar to original footprint
Joseph Kudritz of AK Hydro outlined the alternatives on Wednesday and reviewed the pros and cons of each.
Each alternative addresses overtopping (when water flows over the top of a dam), freeboard (the difference between the top of the dam and the water level), maintenance and footprint.
1. Maintain the Class 1 structure of the dam
Alternative 1 reduces the water level by about eight inches, which is higher than the current level but lower than the previous one. It increases the amount of freeboard and decreases the outflow, reducing the risk of downstream flooding.
Under this alternative, Haynes Construction would perform initial risk reduction measures.
However, it has overtopping and would require further work in Phase 2. It has the highest construction ($1.1 million) and long-term maintenance costs.
Alternative 2 also requires periodic inspections, an emergency action plan, and an operations and inspection manual.
2. Deregulate the dam and create single pool of water
This option ($303,525) removes the dam from ODNR oversight and meets stormwater management requirements.
It cuts the embankment down by three feet. There is no freeboard, which means there is no cushion for a 100-year flood.
It has high operations and maintenance costs and the smallest footprint.
However, the property owners could create a causeway in the future and connect the pool with another pool upstream.
3. Deregulate dam and create two pools
Alternative 3 ($710,000) also deregulates the dam, meets stormwater requirements, and lowers the embankment. It constructs a causeway and a second pool upstream.
Benefits include decreased outflow, a higher floor board cushion, and the lowest maintenance cost. Its footprint is similar to the current footprint and provides additional recreational value with a pedestrian causeway.
The cons include the need to maintain two structures.
Who will maintain the system?
The dam is part of the city’s stormwater system. Although Harris chose the management solution, the property owners will decide who will maintain the system.
City engineer Brian Ball said the developer, Jerry Baker and Knox Cattle Company, built the stormwater facilities to the code in effect in 1999.
“The developer didn’t do anything wrong when they built the stormwater facilities. What has happened is the maintenance has stopped, and these facilities are no longer maintained,” he said.
At the time the developer created the stormwater plan, he said he would maintain, own, and pay taxes on it. According to City Law Director Rob Broeren, that is all that was required.
“The developer satisfied their requirement in 1999 by putting reference in all of your deeds to this private stormwater system that you were required to maintain for your homes,” Broeren told the audience.
Property owners have two options for maintaining the system:
• Ask the City of Mount Vernon to maintain it and pay a fee to the city.
• Choose to organize themselves through a homeowners association or neighborhood organization, collect the fees and arrange for the work.
Inital estimates in 2022 projected maintenance costs ranging from $34,000 to $38,000 ($19 to $21 monthly). Estimates include accruing money for future repair or reconstruction.
However, Harris said that after reviewing calculations, he believes each lot owner (150 lots) would pay $14 a month. That equates to a yearly maintenance cost of $25,200.
If the property owners ask the city to manage the stormwater system, the city will add the $14 to their bill in addition to the current water, wastewater (sanitary), and public stormwater fees.
“The money would be allocated for the dam and for the maintenance and for future repairs,” Harris said.
Additional questions asked by property owners
Q: Will having the city maintain the stormwater system remove the deed restriction requiring the property owners to be responsible for it?
A: No, because it is still a private stormwater system. However, property owners can show lenders or prospective buyers that the city is holding the required money in escrow, making it easier to obtain a loan or sell property.
Q: Is there a plan to prevent future clogging of the pipe?
A: Crews will replace the current six-inch pipe with a 24-inch one. A screen will prevent branches and debris from entering the pipe.
Q: Who will own the property?
A: Common Pleas Judge Richard Wetzel ruled that The Landings Property Owners Association is the owner. Whether the property owners reactivate that entity or create another entity as the owner is not yet determined.
Q: Will Alternative 3 resolve the current litigation?
A: It will likely resolve the need for Harris to act as receiver for the POA. Whether it resolves other litigation is not known.
Q: Who pays approximately $7,000 in back taxes?
A: Harris recommends that the people who were part of the original POA pay the delinquent taxes.
Q: What are the annual costs if the city maintains the dam?
A: Mowing will increase by two or three circles around the pond. There will be twice-a-year vegetation control and water treatment, five-year inspection fees and tree maintenance.
