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WARREN -- Ohio Attorney General Dave Yost is asking a Trumbull County judge to order repairs to the Coalburg Lake Dam in Hubbard Township, concerned that a sudden failure of the structure would result in a probable loss of life and / or the collapse of at least one area home or business.
Yost filed the civil action on behalf of the Ohio Department of Natural Resources, calling for a preliminary and permanent injunction to enforce Ohio's dam safety laws against Coalburg Land Partners, the owner of the dam located on Little Yankee Run.
"The dam continues to pose a threat to life, health and property of those downstream," Yost wrote.
The court action gives the owners opportunities to repair or breach the dam.
The case is assigned to Common Pleas Judge Peter J. Kontos, who has not taken any action or scheduled any hearings.
Coalburg Land Partners LLC has a statutory agent East Ohio Service Corp., located on Public Square in Cleveland. Attempts to reach either entity Thursday were unsuccessful.
According to the court action, an inspection of the dam was conducted by ODNR on Nov. 21, 2019, which found several repair, maintenance and monitoring items the defendant was required to perform. Among the problems:
• The dam's storage capacity could not pass minimal design flood standards;
• Seepage was detected through and under the dam's embankment. Seepage also was detected on both sides of the dam's principal spillway;
• Low areas were detected on the dam's crest that could result in "overtopping" during severe flooding;
• The embankment was covered with dense trees and brush;
• The lake drain was not functioning and in need of repair;
• Defendant had not filed with the state an operation, maintenance and inspection manual.
The defendant was given an extension to clear trees and brush from the dam until Sept. 30, 2021, and to be in full compliance with state safety laws by Dec. 15. ODNR officials visiting the dam Aug. 25 found the dam had only partially been cleared of trees and brush. The lawsuit states the remainder of trees and brush from the downstream slope must be removed by Dec. 31.
It also gave the owners until July 1, 2022, to complete construction to fully remediate the dam. According to the lawsuit, the defendant has not submitted any schedule or plans pursuant to the order to repair, breach or modify the dam.
In the summer of 2019, flood waters washed away homes after a dam was breached on Lakeview Drive in the Kinsman area, about 15 miles north of the Coalburg Dam. Officials have taken steps to prevent the Kinsman dam from failing again.