This article is a current example of where the freedom of speech of citizens of Mt Vernon is blocked by the rules imposed by City Council. However in this case there was a public meeting that granted the public 3 minutes to voice their views provided the 1 hour time limit set aside was not exceeded.
Knox Cattle Dam Issue Overview
Date: October 10, 2019
Dam safety has been an important focus in the US for many years (Document 1).
Ohio has a “reasonable use rule” for stormwater drainage (Document 2). Liability only attaches when the upstream flow of surface water is “unreasonable”. If changes “downstream” cause harm “upstream”, it seems that the party responsible for the change should also incur liability.
The City Planning Commission approved The Landings Phase V (Mallard Pointe) on December 13, 1999. Meeting minutes (Document 3) do not reflect any discussion of contacting ODNR for input on approving development in the immediate area of the Knox Cattle Dam. At this time, the Dam was Class II. (Document 3a) (Document 3b)
The City Planning Commission initially approved the Crown Hill Condominiums on May 9, 2001 (Document 4). City Engineering, the Safety Service Director and the developer said several times that Crown Hill was not in the flood plain. This was not true as noted in ODNR’s November 15, 2015 report (Document 6). All participants agreed that the Dam was of earth construction and not engineered. The developer planned to “beef-up” the Dam with fill dirt. There was no discussion of contacting ODNR for input on building in the area or the value of using fill dirt to strengthen the Dam.
ODNR inspected the Dam on April 30, 2008 and followed-up with an October 14, 2009 letter to “Dam Owners” (Document 5). They found that the Dam was poorly configured for high flows. Of particular concern were the houses located directly downstream (5-10 feet vertically and 15-100 feet horizontally from the toe of the Dam). As a result, ODNR changed the classification from II to I.
ODNR inspected the Dam again on November 15, 2015 (Document 6). Their report noted that the Dam was constructed in 1945. When it was inspected in 1992, it was a Class II dam. The report indicated that the classification was changed because of downstream development. The Potential Downstream Hazard Chart & Map shows 8 to 10 houses on Mallard Pointe in the “probable loss of human life” risk area. (Document 6A)
We contacted Mia Kannik, P.E., Program Manager – Dam Safety Program on July 17, 2019 (Document 7). Ms. Kannik said that ODNR has no record of a contact from Mt. Vernon City Administration or the developer to review the proposed development in the Knox Cattle Dam area prior to the City’s approval of the development. During a meeting at the Dam in July 2019, Ms. Kannik said that had ODNR reviewed the plan prior to construction, they would have advised that placing houses as planned in the high-risk area would result in reclassifying the Dam from II to I.
The City’s August 5, 2019 letter to “Landings Property Owner” (Document 8) acknowledges that the Knox Cattle Dam has been regulated by ODNR since the mid-1970s. Given this as well as widely known concerns about dam safety, it’s clear the City should have contacted ODNR before authorizing development. This omission led ODNR to reclassify the Dam as I. Based on current estimates, it might cost anywhere from $300,000 to $2,000,000 to bring the Dam up to Class I code requirements. It will also result in unknown additional costs to maintain it as a Class I dam.
The Knox Cattle Dam was not built to serve development in this area of the City. It was built in 1945. It has been an important part of the City’s stormwater system since then. We do not believe the City purposefully ignored the impact of approving building in the high-risk area. Mistakes happen. The fairest solution to fix the problem is for the City to acquire the property. It can then be managed by the City as part of its city-wide stormwater system.
Fellow Citizens for Responsive Government:
Bill Tepe
Cloyd Yough
Mt Vernon Ohio
Knox Cattle Dam Document Sources
- Dam Safety History – Internet
- Legal Standards for Storm Water Drainage in Ohio – Internet – Brown Law Office, Dayton
- The Landings Phase V
- Municipal Planning Commission Minutes (12/08/99) – Engineering Department
- Plat Maps – Recorders Office
- Aerial Map (August 5, 2019) – Ohio Department of Natural Resources
- Crown Hill
- Municipal Planning Commission Minutes (05/09/01) – Engineering Department
- Plat Maps – Recorders Office
- Knox Cattle Dam Owners Letter (October 14, 2009) and Site Visit Memorandum (April 30, 2008) - Ohio Department of Natural Resources
- Dam Safety Inspectors Report (November 18, 2015) – Ohio Department of Natural Resources
- Telephone Call With Mia Kannik, Ohio Department of Natural Resources (July 17, 2019) – Bill Tepe File Memo
- Landings Property Owners Letter (August 5, 2019) – Mayor Mavis