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Special meeting tonight in Daleville on Orchard Lake Dam and service district proposal

Fincastle Herald by Fincastle Herald
September 9, 2025
in Local News
0
File photo

By Matt de Simone

 

Botetourt County officials will hold a special public meeting tonight, September 10, at 6:30 p.m. at the Botetourt County Administration Center at Greenfield to discuss the future of the Orchard Lake Dam and the proposed creation of a special service district to fund its removal. The meeting comes at an important moment for residents of the Orchard Lake Subdivision in Daleville, as the county moves closer to making long-term decisions about how to resolve longstanding safety concerns tied to the aging, privately constructed dam.

The Orchard Lake Dam, originally built in the early 1900s for agricultural irrigation and later incorporated into the 1970s residential development, no longer meets current safety standards set by the Virginia Department of Conservation and Recreation (DCR). In 2022, DCR notified the dam’s private owners—now known to include Botetourt County itself—that the dam must comply with modern regulations or face significant penalties. Since then, both the county and the private owners, Daryl and Julie Fraze, have been working to find a viable path forward.

After a series of community meetings revealed no consensus among Orchard Lake property owners to fund dam repairs or reduce its height, county and private officials concluded that breaching the dam and draining the lake was the most feasible solution. The county has since proposed a $1 million project to carry out that work. Half of the project cost—up to $500,000—will be covered by a matching state grant. The county will initially front the full amount, with the expectation of being reimbursed by the grant and recovering the remainder from Orchard Lake residents through a dedicated tax.

To implement this funding model, the Botetourt County Board of Supervisors voted on August 26 to authorize a public hearing on September 23 to consider creating a special service district for the subdivision. The district would allow the county to levy a tax on properties within Orchard Lake to repay its portion of the project costs. A draft ordinance currently proposes a tax rate of 14 cents per $100 of assessed value, which could generate enough revenue to cover the local share over 15 years. Estimated annual tax burdens range from $400 to $1,200 per property, depending on assessed value. These figures are preliminary and may change based on final project costs or financing terms.

At the same meeting, several residents raised concerns about the financial burden, potential impacts on property values—particularly for lakefront homes—and whether any compensation would be considered. County Deputy Administrator David Moorman acknowledged those concerns and said staff is continuing to evaluate how such issues might be addressed. Board Chair Amy White also asked whether these topics could be included in the upcoming community discussion.

Tonight’s meeting is intended as an informational session to give Orchard Lake property owners a clearer understanding of the project timeline, funding mechanisms, and the proposed ordinance. While not a formal public hearing, it will provide an opportunity for residents to ask questions and gather information ahead of the September 23 vote.

The Frazes, co-owners of the dam, urged the county to move forward with the grant and the creation of the service district at the August 26 meeting. They emphasized that the cost of repairs, combined with the liability associated with dam ownership, is too great for individual homeowners to manage. They also noted they had twice attempted to organize a homeowners association (HOA) to help fund studies, maintenance, and insurance—efforts that received no support from other property owners.

They reported receiving a letter from DCR stating that both they and the county are responsible for any damage, injury, or loss of life resulting from dam failure. “The cost for us is prohibitive, and the liability keeps us up at night, as it should you,” Daryl Fraze said during the August 26 board meeting.

According to the “BOCOFacts4U” webpage, some confusion has circulated online suggesting that the county is forcing the draining of Orchard Lake and that the cost will fall on all county taxpayers. In fact, the requirement to bring the dam into compliance—or breach it—comes from the DCR. This is a state mandate, not a county decision. The dam has been privately owned since its construction, and the county only became a co-owner after a recent land survey showed that part of the dam crosses onto land the county acquired in 1995.

When DCR informed the private owners in 2022 of the new safety mandates—requiring regular inspections, emergency action plans, and vegetation management—they determined they could not afford to comply. After two public meetings with affected property owners in 2023, where no collective solution was reached, the private owners requested that the dam be breached due to prohibitive costs and liability risks. The county has not authorized any work at this time, but has supported the grant application to assist with planning and engineering, and agreed to provide matching funds only if the grant is awarded.

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