City to Modify Dam

The dam is too big and the City of Sidney needs to decide if it is to be modified or brought into compliance.

The Nebraska Department of Natural Resources determined one of Sidney’s dams to be in noncompliance due to the size of the wildlife dam. The size of the dam was increased during construction, resulting in different classification.

Assistant City Manager Dawn Martin said Tuesday in the Sidney City Council meeting that the City received a letter recently stating the Wildlife Dam, located northeast of the Sidney Landfill, is in noncompliance. During a 2018 inspection of the city dams by the Nebraska Department of Natural Resources, it was brought to the City’s attention that there is a fourth dam, the Wildlife Dam, according to a memo to the city council. The memo further says the dam is larger than originally indicated, and therefore would not fall within the exempt category.

On Jan. 8, Tim Gokie, Chief of Dam Safety with the Nebraska Department of Natural Resources, met with Sidney staff regarding requested information on the dam. Martin said in her letter to council Gokie expected the City to receive a noncompliance violation letter.

She said staff have researched the situation, offering the council three options. One is to remove the Wildlife Dam completely, the second option is to bring the Wildlife Dam into compliance with an Emergency Action Plan and the third option is to reduce the size of the dam, therefore making it exempt from the State regulations.

Martin stressed inaction is not an option.

“They (Nebraska Department of Natural Resources) have the option of [fining the city] up to $500 per day” of noncompliance, she said.

She said the City staff agreed the easiest approach is to reduce the size of the dam to the 50-acre limit.

The land was first acquired by the City when it was deeded to Sidney in August 1996 by Robert G and Carolyn K. Van Vleet. In 1997, the Hi Plains Chapter of Pheasants Forever approached the City to use part of the land as a wildlife refuge. In April of 1997, then City Manager Marlan Ferguson submitted a resolution giving part of the property north of the landfill for a wildlife refuge and tree planting project. In 1999, the Pheasants Forever chapter combined efforts with the City to apply to the Nebraska Environmental Trust (NET) for grant assistance with the project. In 2000, NET awarded the City a grant of $27,000 for the North Sidney Wildlife Pond.

According to Martin’s memo to the council, Pheasants Forever obtained the funds to increase the size of the pond. After the project was completed, the City took over maintenance of the area. At some point, the liner of the pond was torn and never repaired.

The City did receive the noncompliance letter on Feb. 15. The letter gives the City 60 days to respond with the required application. An extension is possible if the NEP receives written notification of the City’s intention.

In other business, the council approved Kim Hofrock as the newest member of the Library Board. The board also changing the design of the city’s Tree Board. The approved changes makes the Parks Superintendent automatically a voting member of the board. The board also has two seats opening in April: Tom Von Seggern and Don Ogle.