×

Ohio judge orders halt to dam construction

NEW PHILADELPHIA, Ohio — An Ohio judge on Thursday ordered the owner of a Tuscarawas County dam to halt unapproved construction at the site after inspectors deemed the structure unsafe.

Common Pleas Judge Edward O’Farrell’s order prohibits further construction to the Sleepy Hollow Lake Dam by owner Philip Dixon and his company, Dixon Real Estate Holdings LLC, over concerns that unapproved modifications have created a public safety hazard.

Ohio Attorney General Dave Yost’s office requested the temporary restraining order on behalf of the Ohio Department of Natural Resources.

The earthen dam, located off County Road 156 in Perry Township about 4 miles south of Gnadenhutten, is categorized as a Class I dam, meaning a sudden failure would result in the probable loss of life or the collapse of at least one home or business. The dam is located on a tributary of Fallen Timber Creek.

“This dam was already in rough shape, but now it’s just plain dangerous because of these illegal construction projects,” Yost said. “My office and our partners at the Department of Natural Resources won’t allow this guy to gamble with the public’s safety.”

A safety inspection on Dec. 23 noted active construction at the dam that was never approved by the chief of ODNR’s Division of Water Resources, Yost said. The unapproved projects included excavation along the dam’s spillway that could cause a structural failure and construction of a new spillway that risks erosion and failure due to an unfinished concrete base.

O’Farrell’s order prohibits further construction at the dam without approval and requires Dixon to keep the reservoir’s water level from rising above its drain pipe until the hazards are addressed. Dixon also must refill the excavated holes within eight days and finish or block off the incomplete spillway within 12 days.

Dixon could not be reached for comment Friday.

The dam was inventoried by ODNR in 1989. It was inspected in 1991, 2001 and 2007. A notice of violation was issued on Jan. 4, 2008, and unapproved repairs were performed in 2009. The construction was inspected by the Division of Soil and Water Resources on Aug. 6, 2009. An intermediate dam safety inspection was conducted in 2010 and another inspection was conducted in 2015. ODNR has no record of when the dam was constructed.

A recent report by the Associated Press noted that the Sleepy Hollow Lake Dam is among more than 100 in Ohio rated in poor or unsatisfactory condition.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $2.99/week.

Subscribe Today