Botetourt supervisors approve up to $100,000 to study removal of Orchard Lake dam; service‑district option to be researched

Botetourt County supervisors voted unanimously May 20 to authorize up to $100,000 from the county’s undesignated fund balance as the local match for a Department of Conservation and Recreation (DCR) grant to fund engineering studies and design work related to Orchard Lake Dam.

The money is intended to pay for the first phase of work to evaluate breaching the dam, draining the lake and remediating the lakebed. County staff said the full construction cost to remove the structure was preliminarily estimated at about $1 million, and the stage‑one engineering estimate cited was approximately $160,000; the board’s action covers up to half of the engineering cost, with a not‑to‑exceed cap set at $100,000.

“This item is a little bit more complicated. I’ll try to make it as simple, and and brief as I can,” said David Mormon, the county staff member who presented the item. Mormon said Orchard Lake Dam is co‑owned by the county and by adjacent private property owners, Darryl and Julie Frays, and that recent changes in state dam safety regulations have increased inspection and compliance requirements.

The county presented two paths discussed with neighbors: collectively funding repairs and long‑term operations (for example through a homeowners’ association) or breaching the dam and restoring the watercourse. Mormon said the Frays and some neighbors have favored breaching, and that the DCR itself “would like to see the dam go away.”

Supervisor Clinton, who has facilitated stakeholder meetings on the issue, said he supports proceeding to study the removal and eventual funding approach. “If we can get the grant, which should take care of 50% of the cost, and if we can make a case, which I think we can, then the best approach is to create a service district to reimburse the county,” Clinton said.

The board also approved a second, separate motion directing the county attorney to research and return to the board with the steps required to create an Orchard Lake Service District that could levy charges on benefited properties to repay county expenditures if the board later approves removal and remediation.

Danny Goad, a resident who spoke during the public comment period, urged the board to consider property‑value impacts and downstream capacity, and warned that many nearby homeowners “bought with the lake there.” Goad also questioned the county’s prior knowledge of dam ownership and expressed concern about placing repayment burden on private property owners.

County staff said the service district would include those properties that directly benefit from the lake and would be established by ordinance after public hearings. The board’s immediate action does not authorize construction, only the grant‑matched engineering study and the research into service‑district formation.

Mormon said the county has held multiple meetings with neighbors and engineers and that no consensus yet exists for long‑term private ownership or funding of the dam. The county will proceed with the DCR Stage 1 grant application, contingent on the board’s matching commitment.

What happens next: the county will submit the DCR grant application and begin engineering study if the grant is awarded; the county attorney will report back with the procedural steps, timeline and legal requirements to form a service district and levy repayment assessments, at a future board meeting.