A Virtual Town Hall Meeting was called in Big Canoe to update residents regarding the situation with the Lake Petit Dam. In a move typical of Big Canoe leadership, regional residents from the surrounding area were not notified, nor invited to attend, even though this situation greatly affects them. An Online Recording of the Saturday, February 27, 2021 Town Hall Meeting has been posted.
Unfortunately, the presentation was filled with #bullshit spin, assumptions, and easily verifiable lies. This newspaper has just completed another series of Open Records Requests with the State’s GA Safe Dams program, and the State was able to finally put together a more complete set of documents. Those documents and communications records, some of which will be released in links below, paint a very different set of facts than that presented to the public in Big Canoe’s recent presentation.
SECTION I. FAILURE TO PERFORM INSPECTIONS & REPORTS
GM Scott Auer has repeatedly cheered about how Big Canoe has gone “above and beyond” their requirements regarding Inspection on Lake Petit Dam. The problem is that the RECORDS don’t support that.
The POA is required to do 4 Quarterly Visual Inspection Reports each year, and to turn those in to the State each year. Furthermore, every 2 years, they are supposed to have an Engineer of Record (ours is Geosyntec) do a full Engineering Report. Scott says they have been going “above and beyond”. Open Records Responses show few inspections, far below the minimum requirement, and only One (1) Engineering Inspection in the past 4 years, not 2 as would be the legally required minimum.
What do the records show about what Ga Safe Dams has to say on the matter? Here are some excerpts from internal communications between Safe Dams Personnel, and others, on the subject:
2020-09-03 Safe Dams Internal Emails about Inspection Records
“Yes the file we gave him was complete. We have not gotten inspection reports from the owner other than the one this year.”
2021-02-09 Safe Dams Email Response to a BC Property Owner
“Our records show one report was sent to the Division in 2020 by Geosyntec. That report did not discuss an underwater investigation.“
2021-02-03 Safe Dams Internal Emails About Missing Reports
Kevin Chambers (February 3, 2021 3:42 PM) : “Thanks Tom. His request is confusing, but I think we are still missing one item…. Still missing – Geosyntec report (done the “latter part of 2020″ according to the POA.) Any insight on that 2020 report?”
Tom Woosley (February3, 2021 5:09 PM) : “My records do not show us getting a report from Geosyntec in late 2020. We got one in March, 2020 and the requestor has that one….. I did not see anything else in the file for late 2020.”
Kevin Chambers (February3, 20215:31 PM) : “Thanks Tom. Assuming it exists, would the POA or their consultant submit the report to EPD?”
Tom Woosley (February 3, 2021 5:33 PM) : “Submission of the report is handled either way (the owner or the consultant).”
2021-02-18&19 Safe Dams Emails between Focus On Big Canoe & EPD
FOBC (February 18, 2021 4:58 PM) : “Kevin/Tom, Can you check the files again that you just sent me. I already had the 61 Page Geosyntec Engineering Report dated April 2020. The Engineering Report in question that I am seeking is a new Report, supposedly an approx 25 pages. Internal POA Board Minutes indicate that this should have been submitted in August to October of this year, but nevertheless should have been dated after the last July Inspection Report. Can you check to see if that was in the files submitted to you, and either confirm/deny that your offices received that latest Geosyntec Engineering Report…”
Kevin Chambers (Feb 19, 2021 3:34 pm) : “We are not finding any record of the “new Report” referenced in your email. “
Note 1: Big Canoe has had a copy of this “missing’ 25 Page Report in their possession since at least Oct 15, 2020. See discussion in the October Board Work Session (Transcript & Video Link). Furthermore, there was a 2nd followup camera inspection of the downstream lower drain pipes on Nov 12, 2020. The report on that inspection is also not to be found. Evidence of this 2nd inspection is found in the November Board Work Session (Transcript & Video Link).
Note 2: On March 2, 2021 this Newspaper conducted a 2nd comprehensive Open Records Review of ALL files at the State EPD Offices, and as of that date there was still no copy or reference of the 25 Page Geosyntec Report from October, any subsequent Report of the Camera Inspections, nor the 4th Quarter Inspection Report being submitted.
SECTION II: FAILURE TO MANDATORILY REPORT
The POA is effectively lying by omission to the Ga Safe Dams personnel, by withholding mandatory engineering report data. They are also violating the law, and the terms of our Permitted General Conditions for Operation of a Dam.
-> The 2020 4th Quarter Inspection Report has still not been sent to EPD.
-> The 25 Page Geosyntec Report detailing the findings of the Lower Lake Drain & Dive Inspection have still not been provided to EPD.
-> Any Report regarding the Nov 12, 2021 Camera Inspection has also not been provided.
There is a lot of “Excuse” being provided by Scott Auer regarding the technicality that they are not legally required to submit these reports until April 30, 2021. Again, #Bullshit.
The excuse that the POA/Geosyntec isn’t required to file the quarterly inspection reports until April 30 of the following year is only partially true, and in the case of the ongoing situation with Lake Petit Dam, is NOT TRUE AT ALL. Following is an excerpt from the Rules & Regulations off Ga Safe Dams:
Rule 391-3-8-.10 Inspection and Maintenance Plan Requirements
(1) (f) Dam owners shall immediately notify the Division when symptoms of failure, including but not limited to, erosion, surface cracks, seepage, settlement, or movement occur.
(2) (e) As stated in Rule 391-3-8-.10(1)(f), dam owners shall immediately notify the Division when symptoms of failure are observed. Otherwise, dam owners shall submit the inspection reports to the Division using the Division approved form by April 30 for all inspections conducted between April 1 of the preceding calendar year and March 31 of the current calendar year.
There are eight (8) references to erosion areas in the May 2021 Inspection, as well as mention of a traversing crack in the road in the center of the dam. There are four (4) references to erosion areas in the July 2021 Inspection, as well as mention of a traversing crack in the road in the center of the dam. As such, these inspections were legally required to be submitted immediately, NOT by April 30, 2021. In all recent Inspection Reports reviewed by this Newspaper, Big Canoe was legally obligated to IMMEDIATELY notify Ga Safe Dams, because they all contained actionable findings.
Furthermore Section 3 of the Permitted General Conditions for Operation of a Dam, clearly states:
3. Owner shall maintain a written record of each inspection and furnish the Division a copy of that record upon request. The record shall identify items inspected, repairs that are needed and a schedule to complete the repairs.
Safe Dams requested all 2020 records in their Compliance Inspection Request Letter dated Nov 6, 2020, stating in that letter:
“Please send a copy of your own inspection records from the past year”
Instead of complying, Big Canoe has hidden those reports from Safe Dams, and has chosen a path of willfully negligent & intentional Non-Compliance regarding these legal requests for records. Not only is Big Canoe in non-compliance of their obligations, but Tom Woosley, Director of Safe Dams is also failing to perform his enforcement duties. Director Woosley has been repeatedly told of the existence of these records (and the inoperability of the lower lake drain), and he has so far played Ostrich, perhaps hoping that somehow he is creating a “plausible deniability” scenario in which he feels he isn’t responsible for taking action, if only he can keep from seeing the evidence that LEGALLY DEMANDS ACTION, as is seen in this Sept 23 2020 email by Tom Woosley.
NOTE: A LEGAL NOTICE OF NON-NONCOMPLIANCE is in the process of being submitted to State Authorities. It details a multitude of non-compliance issues going back decades, many of them ongoing and presenting a substantial threat to public safety; and the willfully negligent lack of enforcement oversight involved. This lengthy and detailed report, along with Exhibits, will be released publicly as soon as it has been properly distributed within several of the proper State Agencies.
SECTION III: INTENTIONAL MISREPRESENTATION OF FACTS TO PROPERTY OWNERS BY THE BIG CANOE GENERAL MANAGER
Scott Auer is misrepresenting to property owners regarding the communications that are “supposedly” going on with the State Regulator, Ga Safe Dams. In both the February 18 2021 Board Meeting and subsequent Town Hall Meeting, Scott Auer talked about his “proactive” discussion(s) with Safe Dams Director, Tom Woosley.
#Bullshit. Here is an excerpt from the AskThePOA #2665 Conversation that was going on between myself and Scott Auer on day of February 18, when he was supposedly engaging in “proactive” communications with Safe Dams:
Scott,
I just received the following from Ga Safe Dams in response to a recent ORR, literally minutes before your reply to me. To put this in perspective, I am going to quote from both of your communications today:
Big Canoe POA: “Hello David. Yes, all the 2020 reports have been sent to Georgia Safe Dams
SAFE DAMS/EPD: “The Safe Dams program is not in receipt of any inspection records from 2020 for Lake Petit Dam (other than the Geosyntec Report you’ve identified in your request).
The above statements were literally received within 12 minutes of each other. It doesn’t appear possible that both statements are correct. I’m running another story on this in the near future, and this data is also being compiled as part of a report to the Governor’s Office. Either somebody is dropping the ball here resulting in massive confusion, or somebody is lying.
It wasn’t until I alerted Scott of the clearly evident lack of communication that he bothered to contact Safe Dams. Scott wasn’t being proactive in his SINGLE phone call to Safe Dams to try and clear this up. He was running damage control. Further, there are no emails or phone logs in EPD records showing any other communications. 10 minutes after the above Feb 18 exchange, Jason Brownell did finally email the 2nd and 3rd Quarter 2020 Inspection Reports to EPD, months after they had been requested. As previously documented in 2021-02-18&19 emails the next day with EPD, it was unequivocably shown that Mr Brownell did NOT include the 4th Qtr Report, the 25 Pg Geosyntec lake Drain Report, nor any subsequent Camera Inspection reports.
Furthermore, an internal email from Ga Safe Dams to a Big Canoe Property Owner clearly shows that Big Canoe is acting solely on their own, and moving ahead with their delay tactic “5 Year Master Plan” without involving Ga Safe Dams. Ga Safe Dams as of the week before the Town Hall Meeting, knew NOTHING about it, as seen in this February 18, 2021 email from the Ga Safe Dams Director, Tom Woosley, where he tells a Property Owner,
“The Safe Dams Program has not seen, reviewed, nor blessed a five year master plan.”
Scott Auer’s claims of “proactive” communication with Safe Dams appears to be pure fiction, and a violation of his fiduciary responsibility to property owners. I am assuming that similar to the two previously disgraced and terminated Big Canoe General Managers, we are also paying Mr Auer $200,000 – $250,000/year. Hopefully Mr Auer’s failures will be considered in his next performance review, because property owners appear to be paying for not much more than a glorified Cheerleader for the Board’s Extravagant & Irresponsible Spending Projects.
There are most likely going to be “Consequences” to the community due to the GM’s bungled handling of this issue. Indeed, that will be the title of the next Part 2 Article: “Consequences”, in which this Newspaper will release internal documents from Safe Dams that may provide a hint of what price Big Canoe may be about to pay for it’s failure to maintain the Lake Petit Dam.
Part 2 “Consequences” coming soon…
Peace,
– david / publisher
Focus on Big Canoe, GA
* a publication of The Mountains Voice
Concerned Citizens are encouraged to write the Governor to demand oversite of this situation.
Georgia Governor Brian Kemp
Office of the Governor
206 Washington Street
111 State Capitol
Atlanta, GA 30334
(404)656-1776
georgia.governor@gov.state.ga.us
cc: Governor Top Staff
caylee.noggle@georgia.gov, bert.brantley@georgia.gov, lauren.curry@georgia.gov, cody.hall@georgia.gov, tate.mitchell@georgia.gov,
cc: EPD Top Staff
askEPD@gaepd.org, james.capp@dnr.ga.gov, anna.truszczynski@dnr.ga.gov, arnettia.murphy@dnr.ga.gov, lewis.hays@dnr.ga.gov, jennifer.welte@dnr.ga.gov, tom.woosley@dnr.ga.gov, james.cooley@dnr.ga.gov, john.maddox@dnr.ga.gov
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