Commissioners authorize geotechnical borings and engineering for Mud Lake control structure after DNR changes permit requirements

Fulton County commissioners on July 15 authorized county staff to hire a geotechnical firm to perform test borings and to pay additional engineering fees so the county can pursue a control-structure design for Mud Lake after the Indiana Department of Natural Resources (DNR) rejected the county's earlier plan.

County staff told the board that DNR reviewers would not accept the originally submitted permit — which proposed returning dredged material — and instead directed the county toward a control structure. County staff presented two cost estimates: $13,234 for geotechnical borings from Terracon and $9,950 for additional engineering work from RQAW, a combined sum of $23,184. Commissioners voted to authorize staff to proceed with those two expenditures and said the amounts would be included in an upcoming additional-appropriation request.

Why it matters: the county has already changed course several times on how to address a lowered lake elevation after a ditch-cleaning operation exposed underlying material and reduced the lake level by about 21 inches, residents and county staff said. If the county does not reach an acceptable design and permit with DNR, staff warned, the county could face enforcement action or fines from the agency.

County staff described a sequence of events dating to last September: residents and staff asked for a control structure earlier, the county hired RQAW to prepare permit documents and an $80,000 contract covered the original permitting effort. DNR later reviewed the permit and said the submitted approach would not meet requirements and requested a control structure instead. That change prompted the request for additional geotechnical exploration and new engineering drawings. The county also presented a lower-cost alternative — test pits — but staff and several commissioners expressed concern the pits would fill with water before yielding usable samples, so they recommended borings.

Seth (county staff) told the board he was “confident that this will go through, but, again, I have no 100% guarantee,” reflecting uncertainty about a final DNR approval even after doing the borings and redesign. County staff said the additional engineering and borings would not include the eventual construction materials or installation costs for the control structure; those costs are expected to be determined only after borings and final design.

Commissioners and residents on the call questioned why the county must pay additional fees when DNR changed course after the initial review. Commissioners said they had pushed higher-level DNR contacts after the review stalled and that some follow-up calls produced more timely responses from DNR staff.

The board also discussed alternatives for resolving the dispute if DNR continues to require changes — including legal review — but commissioners cautioned that hiring outside counsel could add further cost and that it was unclear whether a legal challenge would speed the permit process.

The motion before the board directed county staff to proceed with the Terracon bore testing and the RQAW engineering work and to include the costs in an additional appropriation. The motion passed with all members present voting in favor.

The county will bring back final cost and appropriation requests for the board to formally add to the budget before the geotechnical work and redesign proceed.