Fallon County staff weigh cost-share offer, regulatory risk for depot dam inspections

Fallon County project manager Shannon told the county commission on March 11 that the state is offering a 50/50 cost-share for federally funded (FEMA) dam inspections and requested a prompt response if the county wants to participate.

Shannon said the state is soliciting a short list of engineering firms through a request-for-qualifications process and will post the approved firms by March 30; counties that join the cost-share would contract with one of those firms and expect an inspection cost in the range of about $27,000 before the 50/50 split.

County commissioners and staff discussed trade-offs: accepting the state program would likely reduce this inspection’s out-of-pocket cost but could expose the county to added technical requirements. "There’s a chance they’re going to ask for a stability analysis and instrumentation," Shannon said, noting the county’s dam is classified as high-consequence because it stores more than 50 acre-feet and has residences downstream. She added that stability analyses typically require geotechnical subcontractors and monitoring instrumentation the county does not currently have.

Shannon recommended the county sign up for the cost-share email list so the county can review the state-selected engineering firms once they are posted and get an upfront cost estimate before signing any contract. "You can always back out before you sign," she said, but cautioned that if the program requires additional field instrumentation or a geotechnical study the county could still face substantial extra costs.

Commissioners raised the long-term implications of increasing regulatory scrutiny and recurring inspection costs. Shannon said the program appears to be one-time FEMA funding administered by the state, and that separate legislation is being discussed to establish an ongoing fund whose interest could support future grants. "That might help high-hazard dam owners in the future," she said, but added the details are not finalized.

Shannon stressed two practical points for commissioners: (1) the inspection required by state notice is due within 90 days of the administrative order and the county needs to indicate whether it wants to participate in the cost-share program; and (2) if the county does not participate it can still have a private engineer perform the inspection but likely without state cost-share.

She offered to perform the inspection herself if the county prefers that option, but warned that prior negotiations with state reviewers after the 2020 inspection had been time-consuming. "I could do the inspection and we could get it recorded, but if the state requires additional analyses then you'd still need a geotechnical engineer," she said.

Commissioners asked for time to proceed as Shannon suggested: send the participation e-mail to preserve the county’s place in the program, then review the list of qualified firms when the state posts them at the end of March and request cost estimates before committing. Shannon said she would help draft the application e-mail if the commission wants.

Background and context: Shannon reminded the commission that the county’s dam currently stores considerably more than the 50 acre-feet threshold the state uses to categorize a high-consequence dam. She also said the dam’s factor-of-safety improved when state highway work added fill to the embankment but that downstream population and assets still make the facility subject to heightened regulatory review.

The commission did not take a formal vote during the discussion; commissioners instructed staff to send the state the required notice of interest and to return with cost estimates and the list of approved engineering firms for a formal decision.

Looking ahead, Shannon recommended the county keep monitoring and prepare for potential requests by state reviewers for stability analyses or instrumentation funding. She said she can perform the inspection if the county later elects not to use the state cost-share, but that the state-administered option is likely the most economical path if the county accepts the administrative terms.