Clover Dam in Albemarle County is an example of a very small pond (8 acres or less with silting-in), with very little development downstream (one residence, not in the flood plain, which would at most suffer a flooded basement in the worst-case scenario), which has been categorized as a significant hazard.

The regulations do not seem to take into account the situation where flooding on a low-lying secondary roadway downstream from a dam occurs regularly with ordinary heavy rainstorms.  The circumstance of an overtopped dam would not change that situation.  The neighborhood faces this situation all the time.  There is an alternate “back way” into the neighborhood that is used when this happens.

We recommend that more classifications or additional exemption criteria to the current classifications could more fairly address the situation of small dams/small ponds in low-density areas with one small secondary roadway and ample downstream farm land to absorb run-off.  It should be permissible to augment the standard interpretation of regulations with an on-the-ground reality check that might reveal a less dramatic risk than is currently assigned.

Furthermore, the situation of Clover Dam illustrates how the current regulations discourage the implementation of safety improvements by demanding repetitive engineering inspections, analyses, and filings which are costly and deplete the resources of a small neighborhood, leaving little ability to pay for upgrades.

The regulations do not consider that older dams (vintage 1960s) may have been approved by county permitting authorities without adequate supervision or engineering rigor, leaving current residents unfairly facing enormous bills to bring these dams into compliance without state or county assistance.  The regulations should be amended to provide relief and consideration to homeowners faced with correcting deficiencies that exist due to inadequate government oversight at the time of construction.

Finally, the regulations should be amended to allow for gradual improvements over time to more realistically address the ability of a small neighborhood to pay for massive construction projects.