"In this case, the dam and the area behind the dam had not been maintained in many years if ever. The outlet where the controlled release of water is supposed to occur was completely covered by several feet of soil. In order to remedy that situation, we built access road, desilted the bottom and filled some eroded areas on the dam slope. We did not disturb the remaining sides of the area behind the pond. We recognize it is highly visible from scenic drive, but it is a high dam and the work had to be done. We do not plan on re- vegetating, but we will not again disturb vegetation on the bottom until sufficient fill comes in to require removal. Unfortunately, we cannot allow shrubs and trees on the dam slope as this can provide a pathway for water flow and subsequent dam failure and we would be cited by either TCEQ or the Corps of Engineers (as appropriate) during inspection and enforcement.
Keeping the dam slopes free from shrubs and trees and keeping the outlet free flowing is critical to maintaining the safety of the public below the dam. As a note, the five ponds that we desilted last year were not re-vegetated yet are beginning to recover. We are working two more near Scenic Drive but those will be disturbed less and will be a little less visible."
The U.S. Army Corps of Engineers agrees that what EPWU is doing would likely be authorized under Nationwide Permit 3 - Maintenance. In addition, UTEP Engineering Professor John Walton says that Balliew is being reasonable.
Erosion control is still a concern as well as being more pro active re-seeding the area. Elpasonaturally still wonders whether planning remediation ahead, even if no agency requires it, wouldn't be the way to go.
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