A Notice of Proposed Default was issued on July 19, 2000 providing Respondents ten (10) days from the date of that notice to file a written motion requesting that the proposed default not be imposed and stating grounds relied upon for the request. Notice was provided that if no appropriate motion is filed, the Administrative Law Judge will conduct any other action needed to complete the proceeding pursuant to 312 IAC 3-1-9(c) and will enter a final order of default pursuant to 312 IAC 3-1-9(d). No appropriate motion has been filed to date.
You are notified that the Administrative Law Judge, acting on behalf of the Natural Resources Commission as the ultimate authority for the Department of Natural Resources, now enters a final order of default against the Respondents, Wildwood Shores Corporation and Earl Tidwell. In addition, the following relief is ordered:
Respondents are ORDERED to comply with the following compliance schedule in order to make the dam structurally sound:
A. Compliance Schedule
1. Obtain the services of a professional registered engineer experienced in dam design, construction, repair and maintenance to evaluate the dam and spillway and to oversee the completion of the items listed below.
2. Clear the trees, weeds and over-growth on the slopes of the dam for inspection by the owner's professional engineer.
3. Items 1 and 2 shall be accomplished within two months of the issuance of the order of the Natural Resources Commission implementing the standards contained in this order.
4. Maintain the lower pool of the lake at the level of drawdown structure (about four (4) feet below normal pool level) until items 5 through 11 below are accomplished.
5. Detailed engineering plans (including cross sections, profiles, etc.) on the existing configuration of the dam (slopes, crest, tow, etc.), principal and emergency spillways, and other pertinent features of the structure shall be developed.
6. Complete the geotechnical evaluation of the integrity of the dam and spillways that was started in 1994. Slope stability analyses for normal and unusual loading conditions (based on soil laboratory tests of the embankment and foundation materials), along with recommendations for any necessary modifications, shall be included in the geotechnical evaluation.
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7. A complete hydrologic/hydraulic evaluation of the existing capacity of the spillway system, as well as detailed hydrologic/hydraulic analyses to determine the required spillway/dam modifications at the criterion of 100 percent probable maximum precipitation (PMP) without overtopping the dam.
8. Items 5 through 7 shall be submitted to the Department within six months of the issuance of the order of the Natural Resources Commission implementing the standards contained in this order.
9. The owner shall obtain engineering reconstruction plans and specifications showing in detail the required modifications to the dam/spillway based on the results and recommendation from items 2,5,6 and 7 above. The plans must certify as to the adequacy and integrity of any existing structures of the dam/spillway, which will not be modified. Reconstruction plans and specifications with supporting technical evaluations, along with a complete application for construction in a floodway, shall be submitted to the Department within 9 months of the issuance of this order.
10. If the reconstruction plans, specifications, and supporting data are approved by the Department, the owner shall reconstruct the dam/spillway in accordance with the approved plans and specifications. The reconstruction shall be completed within six (6) months after the Department approves the plans and specifications.
11. After the reconstruction is complete, the owner shall submit "as-builts" certified by a professional engineer that the dam was reconstructed according to the approved plans and specifications.
B. Transfer or Removal Order
Should Respondents fail to accomplish any of the items listed in the Compliance Schedule of A above, Respondents are ORDERED to do either of the following:
1) Transfer ownership of the dam to a person or entity with the ability to bring the dam into compliance, within six (6) months of issuance of this Order; or
2) Dewater Wildwood Lake and breach the dam within six (6) months of issuance of this Order.