State of Maine
Department of Environmental Protection
May 20, 1994
Ray Fortier
PO Box 621
Sabattus, ME 04280-0621
Subject: Enforcement file #LA940059/ Dam Maintenance
Dear Mr. Fortier
This letter follows my May 18, 1994, inspection of your
dam on Whitney Brook in Canton. In attendance were you,
your helper Mr. Kevin Ryan, and me.
During the inspection we agreed that a DEP Permit by Rule
(PBR) is necessary before the planned maintenance on the
dam can be done. As you explained, this maintenance work
includes patching a number of cracks and eroded areas on
the concrete secions of the dam, resurfacing the sluiceway,
repairing the overflow pipe, and miscellaneous patching
of eroding sidewalls above the channel. It does not include
any work involving hydropower generation. Work involving
expansion of the dam, further intrusion of he dam and its
appertenant structures into the stream, or hydropower,
will first require a full NRPA permit (or a hydro permit)
from the Department. PBR will not apply in that situation.
You have constructed a sandbag and stone coffer dam
approximately 500 yards upstream of the main dam, for the
purpose of lowering the water level for repairs (see
attached sketch for reference). As a result, the water
level has been lowered within this 500 yard section to an
average of perhaps 6-12 inches deep (the water level above
the coffer dam is about 3-4 feet deep). This has caused
concern with some of the local property owners along the
"dry" section above the main dam, who wish to access
Canton Lake by boat.
Although we had received reports that the Canton Water
District (CWD) public water supply intake pipe was being
affected by the coffer dam, no evidence of this was found
as the intake pipe appears to be located at least 350-400
yards above the coffer dam, within the lake. As is evident
by the attached sketch, the coffer dam appears to have
little or no effect on the water level at the CWD intake
pipe.
To allow PBR repairs while addressing the concerns of
local residents, we agreed that you would remove the
existing coffer dam and relocate it to a point near the
downstream "railroad pilings", approximately 40 yards
above the main dam. This will allow for boat passage
by shorefront owners while providing low water at the
main dam, thus enabling repairs. In this case the coffer
dam can be relocated without a permit, and you may use
loosely stack wood planks and similar materials along
with sand bags to build a temporary new coffer dam. We
agreed that you would submit the PBR application and
follow the required PBR procedures before and during
repair of the dam (I gave you a PBR application and the
standards for Maintenance and Repair). Since the 1978
water level order for this dam requires restoration of the
water level by June 1 of each year, you should expedite
your submittal of the PBR application. i.e., submit the
application quickly, complete the allowable repairs
quickly according to the PBR standards, and restore the
water level by June 1 or as close to that date as possible.
Also, be sure to remove all coffer dam materials from the
water immediately upon finishing the work, including all
dam materials left over from previous coffer dams. As you
requested, it is permissable to remove debris from the
stream (dead trees, metal, glass, junk, etc.), provided
this is done by hand with no disturbance of the banks or
stream bottom.
I believe this summarizes fairly clearly what is allowable
and expected by the Department for the repairs you propose.
I should clarify that resolving issues of trespass, property
access, civil disputes, etc. do not come under the
jurisdiction of the Department and should be worked out
with the appropriate local responsible parties. However,
since the dam and associated uses of the water resource
impact the entire community, it may be useful for you, the
local water district, and town officials to get together
and cooperatively discuss how these issues can be addressed
for the benefit of all. We are available to answer questions,
should you need more information about issues within DEP
jurisdiction.
Thank you for meeting with me.
Respectfully,
Anthony St. Peter, Enforcement Unit,
Bureau of Land and Water Quality, Division of Land Resource Regulation
cc:
Enf. file
Town of Canton
Canton Water District
Dana Murch (DEP Dams unit)
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