Department of Defense, Veterans and Emergency Management
State House Station 33
Camp Keyes, Augusta, Maine 04333-0033
May 8, 2007
Raymond J. Fortier
PO Box 621
Sabattus, ME 04280
EMERGENCY SUPPLEMENTAL DAM SAFETY ORDER
Anasagunticook Lake Dam, Canton, Maine
This order supplements the Dam Safety Order for the Anasagunticook Lake Dam
in Canton, Maine, issued on December 4, 2006, in accordance with the
provisions of 37-B M.R.S.A. sections 1111-1130 (hereafter "the December 4
Order"). The findings and conclusions of the December 4 Order are
incorporated herein by reference (see attached copy). Additional findings
are set forth below.
The requirements of the December 4 Order, which remain in effect, directed
the dam owner to do the following:
1. Engage a licensed professional engineer, specializing in dam
construction, to assist in preparing a remedial action plan.
2. Develop a remedial action plan with the assistance of the licensed
professional engineer to restore the integrity and structural stability of
the dam and to assure that it functions and operates in a manner that will
protect public safety, including at a minimum:
a. An evaluation of the causes and extent of settlement, seepage and
erosion of the left and right earthen embankments and a plan for restoring
the integrity and structural stability of the embankments;
b. A plan for removing all new fill material along the left embankment
or, if the engineer determines that the fill does not compromise the
integrity and structural stability of the embankment, a plan for stabilizing
and incozporating the fill as part of the embankment;
c. A plan for repairing and testing the four spillway gates to ensure
that all gates are functional and can be raised in a timely manner to the
fully open position;
d. An emergency operational procedure that will be employed to open the
spillway gates during flooding situations;
e. A plan for reducing the height of all four spillway gates to
increase the flow capacity of the spillway; and
f A schedule for completing all elements of the remedial action plan
by December 31, 2007.
3. Submit the remedial action plan, signed by the engineer, to me for
approval no later than March 31, 2007.
4. Complete the work outlined in the remedial action plan in accordance
with the terms of my approval, which shall be specified in a supplemental
order,
5. Complete all work in compliance with local and state permitting
rules. By copy of this order, the Town of Canton and the Department of
Enviroizrnental Protection are respectfully requested to process any
complete permit applications that may be submitted by the owner as
expeditiously as possible,
FINDINGS
As of this date, the dam owner, Raymond J. Fortier, has neither complied
with, nor submitted a schedule for complying with, any of the terms of the
December 4 Order.
Thus, the dam owner currently has no remedial action plan to restore the
integrity and structural stability of the earthen dam; no plan for repairing
and testing the four spillway gates to ensure that all are functional and
can be raised in a timely manner to the fully open position; no emergency
operational procedure for opening the spillway gates during flooding
conditions; and no plan for reducing the height of all four spillway gates
to increase the flow capacity of the spillway.
The operation of the Anasagunticook Lake Dam is subject to the terms and
conditiom of a water level order issued on September 13, 1978 by the State
Soil and Water Conservation Commission, which is enforceable by the
Department of Environmeatal Protection ("DEP"), Pursuant to Title 38
M.R.S.A. section 842. Operation of the dam is also governed by the
Anasagunticook Lake Water Level Management Plan, issued by DEP and dated
August 30, 1996, which describes the steps required to achieve the water
level established in the 1978 order. The Plan requires the owner to close
two of the spillway gates on or about April 15 of each year, and to close
the remaining two spillway gates on or about May I to achieve an interim
target water level at Mark 19 on the staff gauge at the dam. On or about May
15, the Plan requires that all four spillway gates be closed in order to
allow the lake to re-fill to the summer target level at Mark 23 2/3 on the
staff gauge at the dam, which is the maximum level established by the 1978
Water Level Order. This target level is to be maintained between June 1 and
November 1. The summer target level is approximately six (6) feet higher
than the elevation of the sill onto which the spillway gates close. if the
spillway gates are fully open, then with normal summer flows, the water
level at the dazn will be approximately six (6) feet below the summer target
level.
37-B M.R.S.A. section 1111(4) defines "emergency situation" as a
situation determined by the Commissioner of DVEM, after consultation with
other state and federal agencies if time permits, to present a potential but
real and impending danger to life, limb or property because of flooding and
imminent flooding and includes a situation that the Governor declares to be
an emergency pursuant to 37-B IVLkZ,S.A. section 742.
37-B M.R.S.A, section 1114(2) provides that, when an emergency situation
arises, the Commissioner of DVEM shall warn the public of the emergency and,
notwithstanding any other provision of law, shall take all actions necessary
to protect life and property which may include, but are not limited to, the
following: A) taking full charge and control of any darn or reservoir; 13)
lowering the water level by releasing water from the reservoir; C)
completely emptying the reservoir; D) breaching or removing the dam itself,
and E) taking any other necessary steps to safeguard life and property.
In evaluating the current situation at the dam and considering what actions
may be necessary to protect public safety, I have consulted with other
appropriate state and federal agencies, including the Maine Department of
Environmental Protection.
CONCLUSIONS
As I concluded in the December 4 Order:
o The current spillway does not have adequate capacity to handle
outflow during flood conditions without overtopping the earthen embankments
on both sides, potentially causing the dam to breach and flood areas below;
o In addition, the placement of fill material along the top of the
left earthen embankment, which was not called for by any prior dam safety
orders or the recommendations of the State Dam Inspector, has placed an
additional load on a structure which was already unstable as evidence by
settlement; and
o Based on the reports of the State Dam Inspector and the information
presented at the review conference, l find that the integrity, structural
stability, function and operation of the dam Constitute a threat to public
safety.
Conditions at the dam have not improved since December 4, 2006.
Until and unless the remedial actions required in the December 4 Order are
undertaken to restore the structural integrity of the dam and provide for
safe and effective operation of the spillway gates, the closing of the
spillway gates and refilling of Anasagunticook Lake in accordance with the
terms of the outstanding water level order may further compromise the
structural integrity of the dam, significantly increasing the risk that the
dam will breach and flood areas below with little or no advance warning.
Based on the available information, I find that the situation at the dam
presents a potential but real and impending danger to life, limb or property
because of flooding or potential and imminent flooding pursuant to 37-B
M.R.S.A. section 1114(2).
Maintaining a lower water level and keeping the spillway gates open, until
such time as the remedial actions required in the December 4 Order are
undertaken, constitutes the most prudent and appropriate means to mitigate
this emergency situation and to protect life and property pursuant to 37-B
M.R.S.A., section 1114(2).
ORDER
Based on the above findings and conclusions, I hereby order that, until the
remedial actions required in the December 4, 2006 Dam Safety Order are
undertaken, the owner, lessee or other person in control of the
Anasagunticook Dam shall leave the overflow sluice gates at the dam open and
clear of the water.
Failure to comply with this order may subject the owner, lessee or other
person in control of the dam to a civil penalty of not less than $100 nor
more than $5,000 for each day that the violations continues, pursuant to
Title 37-B M.R.S.A. section 1129.
By order of
Department of Defense, Veterans and Emergency Management