Homes on Mill Creek Road in Copperhill could be in jeopardy if a dam in Fannin County fails, according to a letter sent to a developer, with copies to several local officials and the closest homeowner. There is no immediate danger, according to Ed Fiegle, Program Manager for Georgia’s Safe Dams program.

Fiegle explained that the letter was sent to New Creation Land Co. of Blue Ridge after an inspection showed that the Hidden Lake Dam near McCaysville should be classified as Category I. That means there would be a probable loss of life in the event of a dam failure. By definition, a dam is either 25-feet tall or stores 100 acre-feet at maximum pool, he said. Smaller dams are not required to have a permit. The Hidden Lake Dam is 25.5-feet tall. It is on a stream that feeds Barker Mill Creek, which empties into the Ocoee. Fiegle said there is not enough water in the dam to affect the river.

A Category 1 classification is based on whether there is downstream development that could be affected by a dam failure. “It all depends on downstream development,” he said, noting dam owners are responsible for safety measures even if the development comes years after a dam is built. There are no restrictions on development below a dam like there are in a flood zone.

In this case, he said, a dam failure analysis showed there would be flooding at 7’6” above the finished floor elevation of Maria Deal’s home on Mill Creek Road. Fiegle explained that there could be other homes that would also be affected, noting the Category I classification goes into effect with the first structure found. For the dam to be reclassified as Category II, he said, the dam owner would have to prove that a dam failure would not result in a probable loss of life downstream.

Category I dams, he said, must meet certain regulations. In this case, the developer first has the opportunity to appeal the classification within 30 days. If there is no appeal, he must fill out an application for a Dam Operation Permit by Nov. 26. Safe Dams personnel will do an engineering evaluation to determine compliance with Category 1 requirements, such as for adequate spilling capacity, stability, leaks, and any problems that can be seen. If the dam is not in compliance with Category I requirements, the owner will be required to have a dam-qualified engineer develop a report and plans for bringing it into compliance. The state will have to approve the plan and the repairs before the permit is issued.

“We’ve seen the dam,” Fiegle said, adding it is not in immediate danger of failing. He said the inspectors did not see anything that got them excited. The key to Category I, he said, is the possibility of damage if a dam should fail. He said copies of the letter were sent to the propertyowner, local EMA directors, and other local officials so they would be aware of the potential. Even though the potential danger is in Tennessee, he said, he felt obligated to cross the state line with the letters.

Fiegle said his department’s job is to take inventory and re-inventory dams once every five years. For Category I dams, he said, there are yearly inspections. If they are not in compliance with the rules, repairs will be required.

 If inspectors find a dam that is not on the inventory, they will determine whether they fit the definition or are exempt from permit requirements. He commented that it is pretty tough to slip one through now, as his department can use tools like Google Earth to spot dams that are not on the inventory.

Tennessee also has a safe dams program. By definition in Tennessee, any structure that can impound at least 30 acre-feet of water or is least 20 feet high is a dam, although there are exemptions. Dams are listed as small, intermediate and large. There are three Hazard Potential Categories based on downstream damage that could result with a dam failure -- high hazard, significant hazard and low hazard. In cases where new construction might raise the hazard category of a dam located upstream, the owner of the new structure is required to submit a dam failure analysis to the Safe Dams program.  The analysis must be performed by a professional engineer licensed in Tennessee and show the flood elevations that would occur downstream if the dam failed under certain scenarios.