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State of Maine

Department of Environmental Protection



September 3, 1996

Ray Fortier
PO Box 621
Sabattus, ME 04280

RE: Canton Lake Water Levels

Dear Ray:

This is a follow-up to my August 29 site visit with you at the Canton Lake Dam.

My measurements at the dam showed that a board 10 inches high has been scabbed onto the bottom of the two old spillway gates. From our August 26 meeting at DEP, it is my understanding that you added these boards on or about 1984 to reduce water seepage under the gates. The effect of the addition of these boards has been to raise the top of the gates by 10 inches, as referenced to the height of the gates at the time of the State Soil and Water Conservation Commission's 1978 water level order.

I agree with you that the scabbed boards should remain in place to control leakage until the two remaining old gates are rebuilt. As a result, the Department has revised the July 1, 1996 Water Level Management Plan for Canton Lake to correct the summer target level for the addition to the gates. A copy of the revised management plan is attached.

The purpose of the Water Level Management Plan is to explain to you how you are to operate the outlet dam to comply with the State's 1978 water level order. The revised plan is effective immediately.

At the time of my August 29 site visit, I estimated the lake level to be about 2 inches higher than the revised summer target level. At that time, you removed a 6 inch timber from the sluice gate to allow the water to begin to drop to the target level. You agreed to replace the 6 inch timber with a 4 inch timber so as to have the top of the timbers match the revised target level.

You also agreed to place a colored metal marker band around the concrete fishscreen pier immediately above the dam. The band is to be set at the maximum summer target level (in other words, with the water level at Mark 23 2/3 on the staff guage and 15 inches below the top of the old gates, the bottom of the marker band should just touch the water). I understand that this marker band will be in place by September 15.

You are hereby directed to operate the Canton Lake Dam in accordance with the attached Water Level Management Plan. The department will enforce your compliance with the plan. Violation of any water level order is punishable by a fine of not less than $100 and not more than $10,000 for each day the violation takes place.

As I have discussed with you and the Canton Lake Association, a petition to modify the 1978 water level order can be submitted to DEP by you (as the dam owner/operator), by at least 50 of the landowners around the impoundment created by the dam, or by the Canton Water District (as a chartered public water company having withdrawal rights from the impoundment created by the dam). The DEP reserves the right to determine whether there has been a substantial change of conditions or other considerations sufficient to warrant a new water level hearing. I am enclosing to you and your attorney a copy of the DEP booklet titled "Regulation of Water Levels and Minimum Flows" that discusses the current water level law.

I will be visiting the dam again in a few days to check the lake level. I will be notifying the Canton Water District and the Canton Lake Association once the lake reaches the target level so that water level markers can be established around the lake.

Thank you for your coperation in clarifying the 1978 water level order. If you have any questions about compliance with the water level management plan, please call either me or Scott Farwell of this office at 287-3901.

Sincerely,

Dana Paul Murch,
Dams & Hydro Supervisor

cc: Scott Farwell, DEP-Enforcement
Bob Doucette, Canton Water District
Ken Butcher, Town of Canton
George Hinckley, Town of Hartford
Judy Hamilton, Canton Lake Association
Conrad Hutchinson, Canton Lake Association
James Harrington, Esq., representing Ray Fortier

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