New Albany mayor responds to cease and desist for infill at dam
All of the rock used to fill a dangerous New Albany Dam must now be removed, according to the U.S. Army Corps of Engineers, Louisville District.
The U.S. Army Corps of Engineers says New Albany Mayor Jeff Gahan filled the Providence Mill Dam along Silver Creek without a Department of Army permit, violating federal law.
The dam is more than 100 years old, and for years, there have been calls to remove it.
Low-head dams are considered dangerous as they create a "hydraulic roller effect," according to the city of New Albany.
Those calls reignited in May after 14-year-old Andre "AJ" Edwards Jr. died when he became trapped under the water.
Gahan authorized emergency maintenance earlier this month, where crews filled the area with rock.
But a week before the cease and desist, the Indiana Department of Natural Resources ordered the city to halt construction because it didn't have a permit.
"It's an affirmation the legal process is working," said Dennis Schnurbusch, CEO of the River Heritage Conservancy.
They're building the 430-acre Origin Park there and received a state permit to remove the dam.
But Gahan sued to stop it. That litigation is ongoing.
"Our position is the dam should come down," Schnurbusch said. "But we're going to follow the legal process."
비바카지노 Viva went to Gahan's office on Thursday but were told he was not there.
However, he did send a statement on Thursday afternoon, saying this decision came after three years of ongoing court battles with zero resolution regarding what to do with the dam.
"I was not going to have another person lose their life in our city because no one would take responsibility to solve this immediate public safety risk as identified by DNR," he said in part.
"Now, outside agencies are asking that we remove the fill," he added. "They are asking us to recreate a dangerous situation where someone else can lose their life. They are asking us to restore the dam to an unmaintained and dangerous condition."
He says the dam serves thousands of people each year, such as people who want to fish, people who want to swim, and others who want to enjoy a scenic view of nature.
"Completely removing the dam would be a disservice to those people who utilize this area regularly," he said.
You can find his full .
U.S. Army Corps of Engineers officials say the City Engineer for New Albany responded to the cease and desist letter by submitting an "after the fact" (ATF) permit application for the completed work.
"However, pursuant to 33 C.F.R. § 326.3(e), the Corps cannot accept an ATF permit application because state regulators have initiated enforcement litigation related to this activity," said a Corps spokesperson in a statement. "The City of New Albany has 30 days from receipt of the Cease-and-Desist letter to submit complete restoration plans to the Corps. Our team is ready to assist with the prompt review of any restoration plans that may be submitted."
In Gahan's statement, he did not address whether the city would remove the fill or not.
We have since reached back out to Gahan's office with that question and are waiting to hear back.
We asked the U.S. Army Corps of Engineers what would happen if the city did not submit restoration plans within the 30-day time limit.
"Failure to submit the requested information and resolve this violation in a timely manner may result in referral of these violations of federal law to the U.S. Attorney," said a Corps spokesperson. "To resolve the ongoing violation of federal laws, the Corps stands ready to review complete restoration plans once submitted by the City of New Albany. The review of the restoration plans will include an evaluation of the potential impact of the plans on public safety."
The Indiana Department of Natural Resources says the best method to eliminate the public safety risk imposed by the Providence Mill Dam is to remove the dam.