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State of Maine

Department of Environmental Protection



May 1, 1998

Mitchell Flick, Esq.
21 Main Street
Winthrop, ME 04364

RE: Canton Lake Dam

Dear Mr. Flick:

Thank you for speaking with me today regarding the Canton Lake Dam. I understand that you now represent the dam owner, Ray Fortier.

I understand that Mr. Fortier is concerned about closing the gates on the dam and raising the level of the lake until he can complete the repairs identified in last year's inspection of the dam, which was performed for the Maine Emergency Management Agency.

The DEP has recently discussed Mr. Fortier's and other similar situations with MEMA and the Attorney General's staff.

Based on our discussions, and our reading of he state water level law, it is the DEP's position that Mr. Fortier is not currently under any order from MEMA to undertake repairs to the dam. Until and unless MEMA finds the Canton Lake Dam to constitute an "imminent threat to public safety," the agency's September 23, 1997 to Mr. Fortier should be viewed as only making a suggestion that all deficiencies identified in the dam inspection report be corrected.

It is also the DEP's position that any dam repairs suggested by MEMA are subject to DEP permitting under the Natural Resources Protection Act and to town regulation under its shoreland zoning ordinance.

Finally, it is the DEP's position that nothing excuses Mr. Fortier from complying with the established water level order, as clarified in the DEP water level management plan for Canton Lake, dated August 30, 1996. Therefore, the DEP stands by its May 1 letter to Mr. Fortier in which we directed Mr. Fortier to immediately close all spillway gates on the dam in order to begin the refilling of the lake.

I understand that there is currently a conflict between Mr. Fortier and the Town of Canton regarding actions Mr. Fortier has taken or plans to take with respect to the repair of the dam and the eventual construction of a hydropower project. I hope that this conflict can be resolved to the satisfaction of all parties so that the necessary permits can be obtained and the dam repairs can be made in a timely manner.

In the meantime, the DEP will enforce compliance with the Canton Lake water level order.

Please call me (287-3901) if I can be of any further assistance.

Sincerely,

Dana Paul Murch,
Dams & Hydro Supervisor

cc: Code Enforcement Officer, Town of Canton
Bob Douchette, Canton Water District
Judy Hamilton, Canton Lake Association
James Harrington, Esq.

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