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State of Maine

Department of Environmental Protection



June 5, 1995

Ray Fortier
PO Box 621
Sabatus, ME 04280-0621

RE: Construction and placement of your auxiliary dam

Dear Mr. Fortier

This letter is a follow-up to our meeting on June 1, 1995 at DEP's offices in Augusta. Also present at that meeting were David Ladd, Michael Mullin, and Mike Lewit. For clarity, I will briefly revisit each of the main points of our discussion.

1. Repair of 50% or more of your main dam is a project that requires submitting a Permit by Rule Notification Form. Installation of a coffer dam during the repairs is allowable under the same Permit by Rule, as long as all applicable standards are met. In you case, placement of the coffer dam within 120 feet of the main dam is one such standard.

2. Placing a second, semi permanent dam 500 yards upstream of the main dam, for purposes other than conducting repairs, does not meet the definition of what DEP calls a coffer dam. DEP regards this second, "auxillary" dam as a structure that requires a full Natural Resources Protection Act (NRPA) permit prior to being placed in, on, or over a protected natural resource. Without a valid permit, such a project is in violation of the NRPA § 480-C and subject to monetary penalties.

3. Mr. Lewit and yourself expressed an interest in constructing an auxillary dam more permanent than the rock and sandbag structure you have been using to prevent the main dam's gates from freezing. This will also require a full/individual NRPA permit prior to construction. We have provided you with materials necessary to preparing your NRPA application.

Activities such as soil disturbance, placing of fill, and repair/replacement of structures in, on, or over a protected natural resource or within 100 feet of a protected natural resource, require a permit from the DEP. If you have any question as to what kinds of natural resource issues you should be considering when planning a project, call me at 287-2111. I look forward to your cooperation.

Sincerely,

Slade Moore
Bureau of Land and Water Quality, Division of Land Resource Regulation

cc:
Mike Lewit
Scott Kilbreth, Canton CEO
file LA950061

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