File photo
By Matt de Simone
The Botetourt County Board of Supervisors has authorized a public hearing for September 23 to consider establishing a special service district for the Orchard Lake Subdivision in Daleville – a key step in addressing longstanding safety concerns related to the subdivision’s dam.
The move follows a unanimous vote by the board during its August 26 meeting to authorize public notice for the hearing and comes amid increasing urgency to comply with state dam safety regulations.
The Orchard Lake Dam, built decades ago as part of the original development, no longer meets current safety standards set by the Virginia Department of Conservation and Recreation (DCR). In response, the county has proposed a $1 million project to breach the dam and drain the lake – a measure officials view as necessary to protect downstream properties and infrastructure. The county has secured a 50% matching grant from the DCR for the project.
Under the plan, Botetourt County will initially front the full cost of the work. Half of the expense, up to $500,000, will be reimbursed through the state grant, while the remaining funds are expected to be recovered through a special tax imposed on Orchard Lake property owners. To facilitate this, the board is proposing an ordinance to create a special service district, which would allow the county to assess and collect a dedicated tax from properties within the subdivision.
A draft of the ordinance outlines a proposed rate of 14 cents per $100 of assessed value, which would generate the needed revenue to repay $500,000 over 15 years, assuming a 0% interest rate. This would equate to an estimated annual tax of $400 to $1,200 per property, depending on individual assessments. County officials emphasized that these figures are preliminary and could change based on final project costs or financing arrangements.
During the August 26 board meeting, Orchard Lake residents voiced a range of concerns, including the financial impact, potential effects on property values, and the fairness of imposing a special tax. County Deputy Administrator David Moorman noted that the staff is still exploring whether property value impacts will be addressed during upcoming discussions. Board Chair Amy White also asked whether such considerations could be covered at the upcoming community meeting.
That community session is scheduled for September 10 at 6:30 p.m. at the County Administration Center at Greenfield and will feature presentations from county staff and DCR representatives. The meeting is intended to give Orchard Lake homeowners a clearer understanding of the proposed ordinance, funding mechanisms, and the timeline for the dam remediation project.
“The intent is to share information about the proposed service district and answer questions,” Moorman said. “I am sure we will share some history and background about the state’s Dam Safety Program and requirements and the dam’s condition. The agenda is still in the works. It is not a public hearing, not a time to receive public comment, but a time to share information and answer questions ahead of the board’s public hearing on September 23.”
Officials are expected to present a detailed overview of the financial model, estimated tax burdens, and grant conditions.
To secure the state funding, Botetourt County must finalize an agreement with the Virginia Resources Authority by October 17 and complete all work within two years. If the project’s final cost comes in below the $1 million estimate, the DCR grant will be adjusted to cover 50% of actual expenditures. If costs exceed expectations, the county may pursue additional grant support and could extend special assessments to cover the gap.
Public comments on the matter were also received during last Tuesday’s board meeting. Some residents expressed concerns about potential damage to private property, decreased property values for lakefront lots, and whether compensation would be provided to affected homeowners.
The current co-owners of Orchard Lake, Daryl and Julie Fraze, urged the county to accept the grant and approve the creation of the special service district. The Frazes noted that the dam has been in place for “80 to 100 years, well past its due date.” They said the county has owned the lake since 1995, and they have been co-owners for the past 23 years, currently serving as the sole caretakers of the dam.
They also shared that they received a letter from DCR stating that both the county and the Frazes are responsible for any damage to private property or injury – including loss of life – resulting from the failure or operation of the dam.
“The cost for us is prohibitive, and the liability keeps us up at night, as it should you,” Daryl said.
The Frazes said they met twice with Orchard Lake residents to discuss forming a homeowners association (HOA) to fund studies, inspections, maintenance, and insurance needed to legally operate the dam. However, there was no interest from property owners in pursuing that option.
The September 23 public hearing will offer another opportunity for residents to voice their concerns and ask questions before the board considers a vote on the ordinance. If adopted, the service district would mark a significant development in the county’s years-long effort to bring the Orchard Lake Dam into compliance, balancing fiscal responsibility and public safety.
The deteriorating condition of the dam and the county’s search for a long-term solution have been ongoing for several years. The proposed service district represents a turning point in that process, reflecting continued collaboration between county officials, state regulators, and Orchard Lake homeowners.
Residents are encouraged to attend the September 10 public meeting in Daleville to learn more about the project and participate in the ongoing discussions shaping the future of the Orchard Lake community.
To review updated information about the dam project and proposed service district, visit the county’s “BOCO Facts 4 U” website at www.botetourtva.gov/817/BOCO-Facts-4-U.
