City of Delafield - The Wisconsin Department of Natural Resources and the city have reached a compromise over DNR's plans to plant grass and vegetation seeds on the mud flats created by drainage of the mill pond of Margaret Zerwekh's Nemahbin Roller Mill Dam located at Main Street and Mill Road.

The mill pond has been slowly receding as a result of DNR ordering that boards in the dam spill way be removed to gradually drain the pond in order to relieve presssure on the dam after flooding in June and July threatened the stability of the dam, according to state officials.

Two weeks ago, the Common Council delayed DNR's plans by refusing to allow the agency to plant grass and vegatation seed on city right of way located between the pond shore line and the property line of homeowners residing along the pond.

DNR officials said they wanted to plant grass and vegatation in order to stablize the newly created banks of the Bark River and to reduce the amount sediment that would flow from the bottom of the mill pond down stream into the Nemahbin Lakes.

City alderpersons said they did not want the mud flats seeded with grass and vegatation that might interfere with the restoration of the pond in the event the dam was repaired rather than removed.

Some homeowners who live along the pond have objected to DNR's plans to issue Zerwekh a permit to remove the dam.

Zerwekh says she wants the dam removed because she cannot afford build a new spillway on the dam that has been described as a "high hazard" by the state because of the potential loss of lives and property if the dam failed.

Jim McNelly of the DNR told the Common Council Monday night that an agreement had been reached. City officials had agreed to allow the department to  plant winter wheat on the city right of way and land owned by the objecting property owners.

The winter wheat would die this year and would be replanted next year, if necessary, McNelly said.

The mixture of grass and vegatation seed that DNR originally intended to use would be planted on mud flats along Zerwekh's property.

The seeding was completed last week, according to McNelly.

City of Delafield - Officials with the Wisconsin Department of Natural Resources warned Tuesday night that they will begin to lower the water levels of the Upper Nemahbin Lake mill pond later this summer unless the community begins making progress in determing whether a dam owned by city resident Margaret Zerwekh is going to be removed or rebuilt.

"There are dams failing throughout this state," said DNR Basin Supervisor Jim D' Antuono following a weekend of torential rain storms that have endangered some dams in Wisconsin.

"I do not want to come here in October and November and have to pull boards out of the gates of that dam because it is failing and have all of the sediment going down the river," he said following an information meeting on a proposal by Zerwekh to remove the dam.

DNR Dam Safety Engineer Brent Binder said the agency would prefer to gradually lower the water levels in the pond this summer or fall and reduce the amount of sediment that would flow down stream in the event of a dam failure.

Binder says the dam, which has been in need of repairs for more than a decade, is safe but is considered to be a "high hazard" because of the potential loss of lives and property downstream on the Bark River in the event the dam failed.

Zerwekh is seeking permission from the DNR to remove the dam because she cannot afford to pay for rebuilding the dam spillway which DNR says is necessary.

About eight homeowners who live along the mill pond are objecting to the removal and instead want the 169 year old dam and pond preserved. However, the group has not explained how they plan to raise the estimated $685,000 to $800,000 that would be needed to rebuild the dam.

Meanwhile, the Upper Nemahbin Lake Management District has asked DNR to appoint an administrative law judge to conduct a contested hearing regarding any plans the agency might propose for removing the dam.

Tim Mentkowski, chairman of the district, says residents along Upper Nemahbin Lake want to be sure that if the dam is removed, Zerwekh and the agency have a plan that will prevent much of 55,000 cubic yards of silt in the pond from being deposited in the lake.

Binder said DNR will work with Mentkowski in an effort to reach an agreement that would make the hearing unnecessary. Binder acknowledged that if the legal proceeding is conducted it could delay for months decisions on how the dam would be removed.

Mentkowski emphasized the lake management district is not taking a position on whether the dam should be removed or preserved but district officials want to make sure Upper Nemahbin Lake is protected if the dam is removed.