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Engineers: City knew about permit problem in March

by Alan Lewis Gerstenecker
| August 9, 2013 5:47 PM

The Kalispell engineering firm under contract to build a new Flower Creek Dam spoke up at the Aug. 6 Libby City Council meeting to explain that the city knew as early as March that the project was in jeopardy due to the lack of a permit.

The presentation by Morrison-Maierle rebutted the city’s previous assertion that city officials were not aware of the problem until May.

Engineer Ryan Jones said the company knew March 12 the U.S. Fish & Wildlife Service had rescinded its previous decision of Feb. 28, 2012, on whether the proposed dam, which is being constructed just 85 feet downstream of the existing 67-year-old break would need a new permit.

“We knew March 12, and the information went out about a week later,” Jones told the Libby City Council during session.

Engineer Paul Burnham took the council through a detailed chronology of events from Feb. 2, 2012, to the current day.

The reversal of that decision by the federal agency essentially has halted construction of the dam, which is the city’s sole source of water. It also means money for the construction of the $8.4 million project will be delayed.

The city was hoping to finance most of the project through low-interest loans from Rural Development, the funding arm of the U.S. Department of Agriculture.

“There’s been some misinformation out there,” Burnham said. “We just wanted to come tonight (Monday) and explain.”

Despite the explanation, there are those who contend the snafu could have been avoided if Morrison-Maierle engineers would have been more closely monitoring the process, or if city officials had kept a closer eye on the engineers.

“You guys have not gotten to the bottom of this,” Orr said, turning from the speakers podium looking toward Burnham and Jones. “You dropped the ball here.”

Turning back to the council, Orr asked a question of the mayor. “Do you know they’re telling you the truth?”

Orr, a former city councilman, urged the city to pursue action against the Fish & Wildlife Service for its role in disrupting the dam project.

Libby resident Bill Cunnane also expressed concern about the safety of the dam and the safety of Libby residents who live below the dam.

“This is a safety concern,” Cunnane said.

City officials have said lives and property are in danger because the dam has been in bad shape for years and desparately needs to be replaced. The current permit on the existing dam expires in two years.

The city has filed a Freedom of Information Act request to the Fish & Wildlife Service for all documents pertaining to the project.