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State of Maine

Department of Environmental Protection



May 27, 1996

Ray Fortier
PO Box 621
Sabattus, ME 04280

RE: Canton Lake Dam & Water Levels

Dear Ray:

Thank you for coming in on May 22 to discuss the Canton Lake situation with me. I will review here the Department's position on the various issues we discussed.

Water Levels

I understand that all four dam gates were in place and closed as of May 16, and that the lake is currently rising. I will be visiting the dam on or about June 1 to check on the water level. The Department reserves the right to take enforcement action in the event that the lake is not at or near the required June 1 target level

I also want to explain the Department's interpretation of the 1978 water level order. The order says that, "After April 15, the owner will regulate the flow out of Anasagunticook [Canton] Lake to bring the water to the maximum level set by [the Soil and Water Conservation Commission] on or about June 1." The order sets the maximum level at 5" below the topmost board in the gates. It is my understanding that you have repaired several of the gates so that they all now match their original dimensions. It is also my understanding that, from your experience, Canton Lake can rise significantly during April and May even with all the gates fully open.

It is the Department's position that, under the 1978 order, you must take appropriate and reasonable actions after April 15 to bring the water level up to but not over the target level of 5 inches below the top of the gates as close to June 1 as possible. This does not mean that all four gates should be closed on April 15. It does mean that, based on your past experience with the dam and expected runoff conditions, you should be opening and closing gates as appropriate to meet the June 1 target.

What we lack right now is a plan describing how you will manage gate openings and closings between April 15 and June 1. Therefore, the Department hereby requests that you prepare and submit such a plan for our review and approval. Unless I hear otherwise from you, I will expect this plan to be filed with us within 30 days of the date of this letter.

The 1978 water level order also requires that, once the maximum target level is reached, "the owner should not manipulate the dam except to assure that the level does not exceed the maximum level. Throughout the summer months, the only lowering of the water below [the June 1 target level] should be due to natural causes."

I understand that, as a practical matter, it is not possible for any dam to be managed so that the water level stays at exactly the same level throughout the summer. I also understand that the water level in Canton Lake will unavoidably drop during the summer due to evaporation, leakage through the dam (which is required to maintain a minimum stream flow), and water withdrawals by the Canton Water District.

It is the Department's position that, under the 1978 order, you must take appropriate and reasonable actions between June 1 and October 31 to maintain the water level as close as possible to the target level of 5 inches below the top of the gates. The lake can vary within a reasonable range above and below the target level as long as you are opening and closing the gates in response to actual or anticipated weather conditions. At the same time, you are not responsible for non-compliance as a result of unexpected events (for example, a surprise heavy thunderstorm or an equipment failure or vandalism). What you are responsible for is responding to unexpected events in a prompt and reasonable way so that the water level target can again be reached and maintained.

Dam Inspection

At our meeting, you asked whether you were still responsible for complying with the results of the 1985 Dam Inspection Report done for DEP. This report required, among other things, that the dam owner prepare a written operation and management plan for the dam, construct an earthen flood control embankment along the impounded outlet stream adjacent to Route 140, and construct an emergency overflow spillway.

The DEP no longer has any authority over dam safety issues. Therefore you are no longer responsible for complying with the 1985 Dam Inspection Report. Dam safety is now the responsibility of the Maine Emergency Management Agency under a new dam inspection law passed in 1989.

I am enclosing for your information a letter we sent in 1989 to the Town of Canton (and copied to you) regarding the dam safety issue. I am also enclosing a copy of the 1989 dam inspection law and MEMA's Chapter 3 Regulations (Design and Construction Standards for New or Reconstructed Dams). To my knowledge, MEMA has not to date inspected the Canton Lake Dam to determine its appropriate hazard classification or its physical condition. You should contace MEMA directly (287-4080) if you have any questions about dam inspection or safety issues.

Hydro Project/Land & Water Rights I understand that you are still interested in pursuing the development of a hydro-mechanical or hydro-electric generating facility at the dam. As i explained to you, any kind of hydro generating facility must be approved by both the DEP and the Federal Energy Regulatory Commission.

In my May 3 letter to you, I explained the permiting process and enclosed all the rules and application forms. You can qualify for the FERC exemption process as long as your project is rated at less than 5 megawatts capacity.

However. both DEP and FERC rules require that you own all the land and water rights necessary for the construction and operation of a hydropower project before you can get the project approved. Neither DEP nor FERC can resolve any property rights disputes that you may be involved in with other land owners. Therefore, any property disputes must be resolved before you can proceed with your project.

You also asked several questions about the nature of your water rights and the rights of other people to boat up and down the impounded outlet stream. These are not questions that DEP can answer, because they involve issues of property law that must eventually be answered by the courts if disputes persist. However, I am enclosing a summary of dams and water law that I pass out to the DEP staff and an information digest titled "Access to Coastal and Inland Waters" prepared by the University of Maine. I hope this information is helpful.

Erosion Complaints

At out meeting, you said you had complaints about uncontrolled erosion into the impounded stream due to nearby ground disturbances. Please direct your complaints to Scott Farwell of this office at 287-3901.

I am forwarding copies of this letter to the Canton Water District, the Canton Lake Association, and the Towns of Canton and Hartford so that everyone knows what the Department expects of you.

Please call me at 287-3901 if you have any questions.

Sincerely,

Dana Paul Murch,
Dams & Hydro Supervisor

cc:
Bob Doucette, Canton Water District Conrad Hutchinson, Canton Lake Association Town of Canton
Town of Hartford
Scott Farwell, DEP

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