CANTON — Selectmen say the Maine Department of Environmental Protection is building a dam of red tape on Whitney Brook.
On Thursday, the town emailed a seven-page letter to the department regarding its construction of a dam to help regulate the level of Lake Anasagunticook.
The letter was drafted by Malcom Ray, the town’s project engineer, and Selectman Scotty Kilbreth after they received a notice of violation of permitting and construction issues from the DEP on Dec. 14.
Ray said it was the second notice of violation the town has received.
“I think the state of Maine is bullying us and pushing us around,” Kilbreth said.
The old dam and the effect it had on Lake Anasagunticook has been a concern and controversial issue for the town for more than 30 years, Ray said.
The town took ownership of the dam through eminent domain in July 2008 after repeated requests to the state to step in and force Raymond Fortier of Sabattus to fix the dilapidated structure were unsuccessful.
“I think we bailed out the state of Maine by taking on this project,” Kilbreth said.
Ray said the December notice addressed two issues that had previously been taken care of. In the notice, the DEP said the town did not get proper permits to relocate the dam in October after contractors failed to find bedrock at the original location. It also cited an issue with riprap laid by the town’s contractor on the east bank between the old and new dams.
When the issue with the riprap was pointed out on a site visit by DEP representative Jared Woolston, the contractor and Ray offered to immediately remove it from the shoreline. Woolston informed them removing it was not an option and the town would instead need to “live stake” the riprap with willow stakes, Ray said.
Ray said the town acted immediately on Woolston’s suggestion and took steps to have stakes planted before the ground froze.
On Nov. 1, before the notice of violation was issued, Woolston also informed Ray the town needed to file an after-the-fact Natural Resource Protection Act Permit to cover both issues.
Ray and Kilbreth said the town acted in good faith and filed for the permit, and paid the additional cost, two weeks before the notice of violation was issued.
“It’s kind of a damned if you don’t, damned if you do situation,” Kilbreth said.
Samantha DePoy-Warren, director of communications and education for DEP, issued a statement Thursday evening in response to the letter.
“The department has consistently gone out of our way to help the community of Canton — including making multiple technical-assistance site visits — toward compliance with state environmental regulations that provide important protections. We stand behind our Notice of Violation and will continue to be available to assist Canton to establish a properly engineered dam in a properly permitted place that will best ensure the safety of their community and its natural resources.”
Kilbreth and Ray said the DEP has failed the town for years and adding more red tape is only harming the lake.
“In its 30-year enforcement history regarding the old Tannery Dam, the DEP has failed to protect Lake Anasagunticook, the 30 acres of valuable wetlands in the lake and its associated loon and migratory waterfowl habitat, the cold-water sport fishery and Whitney Brook,” the letter to DEP said.
Kilbreth said his goal in becoming a selectman and sending the letter to DEP is twofold.
“The reason I got back on the board was because something had to be done,” Kilbreth said.
He said when the DEP issued an order to the previous dam owner to leave the dam gates open for two years, it caused considerable damage to the lake.
“I want them to know that we won’t let them drain our lake and the promises from the state to work with us need to be kept,” Kilbreth said.
He also said he hoped to reach out to Gov. Paul LePage’s office on the issue.
“LePage made a promise to make DEP and the state permitting process more friendly,” he said. “I don’t think he was talking to Canton when he made that statement.”
Canton and Hartford, and other stakeholders raised more than $1 million to build the dam and restore the former tannery site that borders both sides of the brook, according to the town’s letter.
Whitney Brook is an outlet on the northeast corner of the nearly two-mile-long lake, which covers 556 acres and lies mostly in Hartford.
Canton letter to Department of Environmental Protection
Send questions/comments to the editors.
Success. Please wait for the page to reload. If the page does not reload within 5 seconds, please refresh the page.
Enter your email and password to access comments.
Hi, to comment on stories you must . This profile is in addition to your subscription and website login.
Already have a commenting profile? .
Invalid username/password.
Please check your email to confirm and complete your registration.
Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.
Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.