The owner – National Capital Area Council of the Boy Scouts of America (NCAC-BSA) – oversaw the completion of the Goshen Dam and, in the summer of 1967, began its camping program on the Goshen Reservation (Reservation). As a non-profit, NCAC-BSA was allowed by Rockbridge County Board of Supervisors to pay no property taxes and, because the dam was built before the Clean Water Act in1972, the NCAC-BSA was grandfathered and not required to obey the legislation.

The lake is the primary focus of an attractive camping program for over 7,000 campers from the D.C. area who enjoy the experience of various programs spread over 6 weeks in the summer.

During the first several years of operation, sediment gradually built up behind the dam and eventually began to have obvious negative effects in the lake and the downstream river caused by lowering the lake and storm events.  According to NCAC-BSA, lowering the lake was necessary for maintenance and for a concern that the dam could be breached in a big storm.

Then, in December 1992, the Virginia Department of Wildlife (DWR), formerly Game and Inland Fisheries, was notified of a fish kill in the Little Calfpasture River (L. Calf).  Since the Department of Environmental Quality (DEQ) is the Commonwealth’s primary agency for the protection of water quality, the department issued a Notice of Violation for the fish kill in the Little Calfpasture river below Goshen Dam.

DEQ collaborated with DWR and other state and federal agencies in analyzing the water contamination that caused the fish kill and reported it to the State Water Control Board (SWCB). This board considers special orders to resolve violations of the regulations. In this instance, SWCB issued a Consent Order in 1993 requiring NCAC-BSA to implement an alternate method for draining the lake without opening the subsurface discharge or to construct a settling basin for removing sediment when using the subsurface discharge. In 1998, the SWCB revised the order further and required NCAC-BSA maintain a full pool, except in emergencies, and to submit quarterly reports to DEQ.

For more than two decades after the fish kill, the existing records reveal “inconsistent and negligent compliance.”  Even so, in 2008, the SWCB approved a regulation which indicated that “aquatic conditions (in the Little Calfpasture) are expected to gradually recover and meet the general aquatic life uses at 0.02 miles above its confluence with the Calfpasture River.” (Administrative Code 9VAC25-260-310, Part VII, gg.) Another 10 years passed, and there was no indication from monitoring that recovery was in sight. Nevertheless, in September 2014, DEQ reported that the special Consent Order was terminated, further discouraging Rockbridge residents of any governmental help in trying to save the Pass.

On the safety issue, in 1979, the US Army Corp of Engineers (ACE) listed Goshen Dam as a “High” hazard dam in accordance with the Federal dam safety guidelines. Then, after the fish kill, the US Congress in 1996 apportioned $6 million to the privately owned dam for NCAC-BSA to “repair and upgrade the dam and appurtenant features.”  By 2006, NCAC-BSA had not addressed the problem, and ACE issued its Dam Safety Evaluation Study, which recommended among several actions to keep the lake at full pool. Finally, NCAC-BSA did not follow up with those recommendations. Instead, they decided they could meet the regulations of the Commonwealth by raising $4 million and building a spillway.

Given that decision, ACE issued a final Memorandum of Agreement with NCAC-BSA in November 2012: The Corps would design and construct a debris boom. It would also evaluate and recommend design and repairs (if funding is available) for the existing spillway gates. In no event should the total cost for the work exceed the $1,500,000 of federal funds that remained. Upon exhaustion of repair funds, the Army will have fulfilled any and all obligations pursuant to 507(3) of the Water Resources Development Act of 1996.

Rockbridge Conservation (RC, but known at the time as RACC) was informed that the ACE engineering report following a visit to Goshen Dam was done for a private party and was not available to the public; however, through an FOIA request, RC was provided the Condition Assessment and Rehabilitation Prioritization Report. The report recommended global gate replacement and a number of other structural component improvements.

Subsequently, the ACE arranged permanent mitigation credits for a small wetland below the dam and, in 2015, ACE contracted to have dredging of sediment behind the dam. Otherwise, the Corps informed RC that its responsibility for Goshen Dam is now limited to the protection of wetlands and that they have “no dog in the fight” over water quality. In the meantime, the spillway construction was completed in 2013 with oversight and approval from the Virginia Department of Conservation and Recreation (DCR).

DCR is the Commonwealth’s regulatory agency for dam safety. After a gate failure in 2010, pressure to address the safety issues caused by the dam required that NCAC-BSA present a plan that would prevent the dam from the danger of over-topping. After refusing the ACE recommendations to either replace or rehabilitate the gates, a spillway design by a Roanoke engineering firm contracted by NCAC-BSA was approved by DCR.

With the completion of the spillway in 2013, DCR also approved the NCAC-BSA’s decision to keep the lake lowered to minimum pool during the non-camping season. In this instance, DCR did not require analysis of alternate management techniques for maintenance and removal of debris, tree-planting, or removal of sediment to maintain lake depth that would help protect downstream water quality. The resulting construction of a spillway dealt only with engineering safety and did not include features for water quality, downstream recreation, wildlife preservation, or fish passage. Rockbridge Conservation was informed that DCR was not responsible for water quality, only safety matters.

In addition, DCR approved NCAC-BSA’s Emergency Action Plan without public comment. Even so, RC sent comments to DCR on the plan in July 2013, mainly expressing the need for a more effective communications plan for informing those on the river when the lake is being significantly lowered and, in the event of a flood and potential overtopping of the dam, a horn alarm.  The approved system of informing only the Rockbridge County emergency management office is ineffective and unreliable. A text or email to let residents and recreational users know of a dam failure in the middle of the night is not viable – especially in a rural area where cell phone and internet service are either not available or affordable for residents in the area. And, if the dam does fail, there is no time for a fireman to warn those in the Pass.

DWR, another agency involved in the NCAC-BSA decisions for dam and lake management, oversees the Goshen-Little North Mountain Wildlife Management Area which borders the Goshen Reservation and has regulatory authority focused on wildlife impacts.  As you can see in the following chronology, the department has been involved in several efforts to help restore the Little Calfpasture River below the dam.

After the dam had been completed and camping began in June 1967, DWR reported there were nine unauthorized sediment discharges from 1967 – 1992. Then, in 1992 the department was alerted to the fish kill directly below the dam. This began a long investigation of how to solve the problem. Subsequent benthic monitoring over the years has shown that significant impairment continues. The dam prevents any fish passage upstream and, although the department could become more active should there be another fish kill, there are likely no longer any fish to be killed.

During this whole period, DEQ was continuing to address the problem of sediment dumping and, in 2010, designed a Total Maximum Daily Load (TMDL)* plan which was approved by the US Environmental Protection Agency (EPA). This document suggested models to help bring the Little Calfpasture back to health; however, the TMDL is a voluntary document and NCAC-BSA chose not to volunteer. In fact, DEQ reports that NCAC-BSA never responded to the TMDL in any way. Upon asking the TMDL division of EPA in October 2014 what, if anything, could be done to implement the 2010 TMDL design, RC was told that it was up to ACE. At the same time, the Corps reiterated that Goshen Dam is a recreational dam, not a flood control dam.

Throughout the 2000s, Natural Bridge Soil & Water Conservation District (District) and RC contacted every agency and sub-agency involved with water quality, dam safety, health regulations, wildlife safety, endangered species, significant caves, regulatory oversight, significant lakes, wetlands, dredging. All responded, mostly politely, and indicated that they did not have the authority to do anything more.

After termination by SWCB of the Consent Order in 2008, NCAC-BSA informed DEQ of its lake management plan, but it did not include a procedure for dealing with the sediment problem.  DEQ continued ambient monitoring above and below the dam on the Little Calfpasture bi-monthly which had led to the 2010 TMDL; however, they told RACC in 2013 there was no way to implement the TMDL without NCAC-BSA participation.

Another agency involved with issues at the Reservation during these years was the Virginia Department of Health (VDH). VDH requires an annual report of the self-inspection of the wells in the six camps on the Reservation. NCAC-BSA also performs water quality tests at five other locations before each camping season. During the 2002 consideration by the National BSA for the Jamboree to be held on the Reservation, an inadequate sewage system was noted. There was significant local opposition, and BSA chose a West Virginia site for the Jamboree. In 2007, 41 vault privies were finally added throughout the Reservation.

VDH records also show that a gray water system built in 1999 at one of the camps was still adequate; however, in anticipation of growth, construction plans were approved for updating the system. In the inspection process, VDH discovered an unpermitted waste lagoon which was not functioning appropriately and had been leaking untreated waste into the tributaries of the Calfpasture and Little Calfpasture rivers. DEQ fined BSA $26,000 in September 2016 and required a closure process of the leaky system which was addressed and completed November 30, 2017.

When the Natural Bridge Soil & Water Conservation District (District) recognized that the 2010 TMDL was not going to be acknowledged, they requested DEQ revisit the process. In 2016 DEQ agreed and a series of meetings of working groups representing the agricultural community and another concerned with lake management was begun. DEQ requested, and NCAC-BSA agreed, to participate in all meetings.

In April 2017, a steering committee of the partners met to discuss the information that had been gathered and decide how to proceed. In May, DEQ introduced the draft implementation plan at public meeting. A public comment period followed, after which, the final plan was submitted to the EPA and was approved in December 2017. Yet again, NCAC-BSA decided they would not participate.

The District at this point appealed to the Virginia Secretary of Natural and Historic Resources for guidance. The Secretary came to the Pass in 2019 to meet with members of the District and the Rockbridge county administrator. Shortly, after that NCAC-BSA came to the table and, after a lengthy effort to acquire funding, in 2020 the goals and best management practices began to take effect.

In addition to the many state and federal agencies who have been involved in different aspects of the problems with Goshen Dam, the Maury Service Authority (MSA), downriver from Goshen Dam, withdraws and treats drinking water from the Maury River for Lexington and Rockbridge County. Whenever the lake is lowered, the resulting silt turns up in the plant and has to be specially treated at extra cost. Specific notification to MSA would allow them, at least, to anticipate and implement the needed changes to their procedures. Yet, NCAC-BSA continued to inform only the county emergency management office.

In early 2023, The News-Gazette ran a series focused on physical safety and management of the gates, and a James Madison University professor prepared the Final Report: Turbidity and Flow Monitoring in Lake Merriweather, May 2023. It concluded: “The lake management plan should also consider long-term planning for the lake. This could include a plan for addressing progressive lake infill with sediment through a long-term dredging program. The plan could also address aging equipment and infrastructure with an equipment and dam infrastructure upgrade and replacement program. Lastly, a long-term plan could even address end-of-life scenarios for the lake and the dam.”

Then, a terrible surprise …. after the summer camping program ended In July 2023, the NCAC-BSA immediately decided to lower the lake on August 4, 2023…. completely. Poisonous algae, along with the sediment and mud, was swept out of the lake for the next three weeks. The Maury River had recently been designated a Scenic River. Now, it was not only smelly and unpleasant, but it was also toxic. No one could fish, boat, or swim. Wildlife was threatened. Evidence of the release was recognized all the way to Glasgow and into the James. In October, the effects were still noticeable on the rocks and banks of the river.

The Scouts reported that they needed to prepare the lakebed for dredging. Sediment accumulation in the lake is naturally an ongoing problem for the NCAC-BSA, and the lake is silting up despite being flushed every year. In 2013, the average depth was 6.68 feet and the deepest portion behind the dam, 20 feet – 6 feet less than when the dam was built in 1966. There had been no consideration of the effects this kind of management has on the residents and tourists and wildlife.

As the practice has continued over the past 60 years, Goshen Pass has been noticeably affected by the sediment being dumped from the lake. Residents, kayakers, swimmers, and fishermen routinely observe and complain about the plume of mud sliding out of the Little Calfpasture and continuing downstream. Today, water monitoring indicates that the Little Calfpasture River below the dam continues to be benthically compromised and polluted by sediment – essentially it is dead.

Most of the dwellings in the path of any dam breach have been there for decades before the dam was built, and their owners have important safety needs, but they would also prefer to have clean water in the river that passes by their houses. In addition to being a very popular tourist destination, local citizens consider Goshen Pass – the first area in Virginia to be recognized for a Natural Heritage designation – to be a very special place. It is visited frequently for picnics, reunions, tubing, kayaking, swimming, birding, hiking, and for fishing and hunting year-round.

All 43 miles of the Maury River run through Rockbridge County and, for all the reasons described above, we need to protect it. However, as the following chronology shows, despite multiple agencies’ efforts – or perhaps because of the fragmentation caused by the number of regulatory authorities involved – the harmful impacts of Lake Merriweather and Goshen Dam on the Little Calfpasture, Maury, James, and Chesapeake Bay watersheds continue without resolution.  Those delegated with the authority to address these problems have not found a way to direct the process toward a reliable solution that contributes to the safety of residents and the protection of water quality, wildlife, human health, and the environment.

*Total Maximum Daily Load: the total amount of nitrogen, phosphorus, and sediment that can be present in a stream for it to remain safe for drinking, swimming. fishing, and other uses.