Low dam deferred

Virginia Senate Bill 276 is no longer just a bill sitting on Capitol Hill; it's only one signature away from becoming a law and with it, the almost decade-long battle to reclassify the main dam at Lake of the Woods will be over.
Previously, the Department of Conservation and Recreation (DCR) declared the community's main dam as high-hazard. To fix the problem, the DCR is requiring Lake of the Woods to complete dam modifications by Jan. 31, 2011. The $5.6 million modifications include building a 190-foot wide concrete spillway in addition to the current spillway. This would enable the dam to handle 37 inches of rain in a 24-hour period, the maximum probable precipitation event for the area, according to the National Oceanic and Atmospheric Association.
However, Senate Bill 276 eliminates the need for the spillway modifications. The bill, first introduced to the General Assembly in January by 17th District Senator Edd Houck, introduces dam safety legislation which would allow those dams that do not comply with state regulations to continue operations as long as the owner adopts a dam safety emergency plan. The idea is the dam would be able to continue operating, without upgrades, until funding is available through the Dam Safety, Flood Prevention and Protection Assistance Fund.
Currently, the bill is awaiting signature from the governor, the last step in the process for it to become law. It was passed through the House with a 97-2 vote and through the Senate with a 40-0 vote. Amendments made during the legislative process state that dams will be in compliance with spillway requirements provided they pass two-thirds of 90 percent of the probable maximum precipitation requirement, in this case the 37-inches of rain in a 24-hour period, as well as several other requirements including an annual inspection.
Association member Ralph Hollm said he is very excited about the bill.
"I think [the governor] will pass it," he said. "Everyone is delighted."
Hollm is one of several association members that have been working diligently to reclassify the dam. In August, Hollm circulated a petition requesting the reclassification and in November, association president Bruce Kay petitioned the Soil and Water Conservation board for reclassification. Both of those requests were denied.
In anticipation of the bill being signed into law, a stop-work order has been issued for the modification project. According to Lake of the Woods General Manager Ted Wessel, no physical work on the dam has been started. He said although work was originally expected to begin in March, the only work performed has been on a coffer dam, which needed to be constructed in order to dewater the work area surrounding the main dam. He said the association had the foresight to include a clause in the construction contract allowing work to be halted should reclassification attempts be successful.
"[We] built it in if for some reason we we're no longer required to [make the modifications]," he said. "We can stop the contract and only pay for what was done and proffers with no penalty or anything like that."
In order to pay for the project, the association received $1 million from the state in a grant and took out a $5 million private loan, with a special assessment levied to association members to pay back the borrowed money. Wessel said that loan has been cancelled and the money received from the state will need to be returned. As for the assessment, he said a majority of it will go back to the association members who paid it.
"We are in the process of figuring out the costs that have been expended for the modifications which we'll subtract [from the assessment total], with the remainder being returned back to the people who made the payments."
As for the association members that have yet to pay their assessments, they'll receive a bill for their share of the costs.
"When we figure out the costs and what each resident should have paid, residents will be charged for that amount," he said. "So, everyone will have paid the same amount."
Kay said homeowners are very excited about receiving the money back.
"Everyone's estatic," he said. "It's something we didn't want to do. You never want to go into a structure that's been there a while. [Association members] are happy we won't have to pay the full $1,200 assessment."
According to Kay, the governor is expected to sign the bill any day now. An emergency clause has been included in the bill so that it will go into effect as soon as it receives the signature, unlike most bills which go into effect July 1. For more information and to view the bill, visit http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB276ER