State seeking public input on possible changes in dam-safety regulations

By ROBIN KNEPPER

Date published: 1/24/2006

The Lake of the Woods Association has been arguing with the state for more than two years about upgrading its dam to meet state safety regulations.

It claims its dam is safe and has attacked the regulations that say, as a high-hazard Class 1 structure, it must meet state requirements to protect downstream neighbors.

All of LOW's protests, and the attendant political lobbying on its behalf, has resulted in the state agreeing to take a look at its regulations--even though two different committees appointed by the state could find no reason to lessen the guidelines designed to protect people and property in a dam's inundation zone.

The process to review the dam safety regulations started officially Dec. 26 when the Department of Conservation and Recreation (on behalf of the Soil and Water Conservation Board) published its Notice of Intended Regulatory Action.

The notice outlines the issue and starts an 18- to 24-month process that will probably result in some changes to the dam safety regulations.

Although Lake of the Woods continues to assert its point of view, the notice's stated purpose is at odds with some of the Orange County subdivision's most ardent arguments. The most notable are that old and new dams be treated differently and that people living downstream do not necessarily mean a dam should be considered high hazard.

The DCR wants to consider amendments to the regulations that would allow an alternative procedure to consider spillway designs where there would be no significant threat to life and property; to establish dam-alteration permit requirements similar to construction permit requirements; to have emergency action plans meet federal requirements; to have new and existing dams meet the same requirements; to improve the risk-classification system; to establish permit fees; and to clarify language in the regulations.

To encourage public comment on potential changes, DCR has sent copies of the notice to dam owners and others interested in dam regulations.

The Lake of the Woods Association has also sent a letter to all Class 1 and Class 2 dam owners in the state. It urges them to provide input and asks that copies of those comments be sent to LOW.

According the state dam engineer Dianna Sheesley, LOW's letter and its enclosed "fact sheet" have confused some dam owners, who have called her for clarification.

"It's a shame that dam owners are being alarmed and, as a result, may put off necessary repairs and maintenance to their dams," she said last week.

Soil and Water Conservation Board member Susan Taylor Hansen is concerned that while dam owners are being notified, people who would live in inundation zones don't realize changes may be in the works.

"I don't think the people being impacted will even be aware of this process," she said.

At last week's SWCB meeting she asked that the state make a concerted effort to get the word out to the public by contacting local governments and newspapers with information about the dam regulation review process.

To reach ROBIN KNEPPER:540/972-5701
Email: rknepper@earthlink.net

Date published: 1/24/2006