State ‘suspends’ threats of legal action over Aspen Lake Dam repairs in Hampstead

The Maryland Department of the Environment has “suspended” its threat to take legal action against residents in a dispute over repairs to Aspen Lake Dam just west of Hampstead.

In June, the department had told seven property owners living near or around the lake and dam that it would take legal action against them unless they paid for repairs to the dam.

Last week, the MDE backed off its threat, as long as the homeowners continue to monitor water levels and provide updated photos to the department, an idea first suggested by state Sen. Chris West.

West presented the idea to MDE at an April 24 meeting with homeowners and other stakeholders.

Matthew C. Rowe, deputy director of MDE’s Water and Science Administration, stated in an Aug. 8 letter to West that the administration would suspend the legal action, “provided that the agreed-upon obligations are fulfilled in good faith and the dam’s public safety risks remain effectively managed.”

West, a Republican who represents District 42 in Baltimore and Carroll counties, said in an interview Monday that he hopes the letter puts an end to the issue.

“It’s common sense,” he said. “I hope everybody lets sleeping dogs lie. This is a commonsense solution.”

A consent order sent by MDE’s Dam Safety Inspection and Compliance Division to the homeowners in June stated that MDE inspected the dam and reservoir on July 9, 2020, and determined it was unsafe and in need of repairs. The agency conducted a second inspection on July 16, 2020, and issued violations against the homeowners.

On July 20, 2023, the department issued another violation, and on Feb. 23 of this year, the dam and reservoir were again inspected and still found to be unsafe. The inspection found deterioration of the spillway outfall pipe, and trees growing upstream, downstream and along the embankment.

In June, the MDE sent a letter to the seven homeowners threatening legal action unless they signed a consent order agreeing to pay for the repairs.

The residents have said state officials told them that costs for engineering and construction could run as high as $150,000. The homeowners have refused to pay for repairs claiming they do not own the dam.

West considers MDE’s decision a solution, and he plans to introduce a bill in the Maryland General Assembly session next year that would establish a special fund for the MDE to pay for repairs, if needed.

“If nobody else introduces a bill, I am happy to introduce a bill,” he said. “The repairs would be funded at a modest level.”

Construction of the dam, lake and homes that surround it, date back to the 1970s when Pinnacle, a development firm, built Aspen Run. Pinnacle is no longer in business. Its owner, Ralph Rigler, died in 2003, according to an obituary.

Bruce Bereano, a registered lobbyist who has been fighting MDE on the issue for several years, said he was not satisfied with the letter from MDE.

“Respectfully, you and the Department of the Environment still just do not get it,” Bereano stated in an Aug. 13 letter to the department. “Stop with the continued threats and conditions MDE is trying to place on the homeowners surrounding the lake — homeowners that did not build the lake, do not own the lake and have absolutely no legal obligation or requirement to do anything concerning the lake. … The threats and bullying has to stop. MDE needs to show respect and appreciation to these Maryland citizen homeowners. The homeowners are not legally required or obligated to sign any consent order, and will not period. The homeowners are not legally obligated or required to do anything!”