FOSL Letter to FERC, 7/5/07

July 5, 2007

Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426

Re: Eel Weir Dam

Dear Secretary,

The Friends of Sebago Lake ask that you reconsider the FERC decision to dismiss the Portland Water District’s request for a Water Flow model for the Sebago Lake watershed.

The reason for this dismissal in the FERC Final EA P-2984 was the FERC concurrence with arguments by SAPPI. FERC stated on page 20 of the Comments and Response section:

“We question the feasibility and value of a hydrologic model. Development of any model should not be the sole responsibility of S.D. Warren, but, rather, should be a joint effort by both governmental and non-governmental agencies.”

The Friends of Sebago Lake categorically disagree with the above FERC statements. A flow model with real time data would be invaluable in ameliorating damaging flooding and protecting public safety of the Presumpscot River–Sebago Lake watershed.

Below is a list of factors that complicate and increase the difficulty in predicting and preventing flooding. These factors listed below justify the need for the PWD requested Flow Model.

The present LLMP and FERC’s proposed LLMP in the 2005 Final EA will maintain water levels within one foot of full pond for about 3 months every year. This is a major change since 1987.

The Final 2005 EA’s higher allowances for the August target lake levels will put lake levels every year from 15 to 21 inches under full pond at the start of hurricane season. This is a major change since 1987.

Storage capacity of Sebago Lake has been reduced by 40% since the 1987 change according to FERC. The purpose of the 1878 dam was to safely store the spring runoff and regulate the flow uniformly throughout the year. The policy for safe storage of the spring runoff has been abandoned.

All lakes of the Songo River watershed are kept at full pond after the spring melt. There is little storage capacity for lakes above Sebago Lake and thus flow is instantaneous.

Sebago Lake watershed is very hilly. Runoff can be rapid. Increased urbanization of the area has added to runoff potential.

Eel Weir Dam gates are shut during any significant rain event to reduce flooding on the Presumpscot.

Sebago Lake could rise several feet above full pond during a high precipitation event under emergency flow policy because gates would remain shut to protect downstream interests.

Why the DEP lower river flow model for reducing minimum flows and no flow model for the rest of the watershed to protect public safety and property?

A February 16, 2007 Letter from Dana Murch of Maine DEP to Tom Howard of Sappi (FERC submittal 20070216-5005) outlines reasons for a new Presumpscot Flow Model. As stated in the letter because of changes to SAPPI’s pollution discharges and the removal of Smelt Hill dam the Presumpscot River dissolved oxygen has improved below the mill.

The purpose of this model is to determine how much river flow reduction can occur and still meet Class C river dissolved oxygen standards. This lower flow model is being driven by the Sebago Lake high water advocates who wish to insure that Sebago Lake water levels are maintained well within the target range during extreme droughts.

FOSL does not understand why the cost of this lower river model which economically benefits a few special interests on Sebago Lake and delays the license for a year is justified by the State as important and yet the State and FERC have ignored PWD’s flow model request for the Sebago Lake watershed of which the purpose is to protect public safety, property, and water quality.

The proposed PWD model with real time information would help decisions makers ameliorate a damaging and dangerous flood event. Any new reduction in outflows dictated by a lower river DO flow model will further reduce the storage capacity and increase the water level average of Sebago Lake.

FOSL would like to incorporate, in this FOSL response, the June 25, 2007 letter of Stephen Kasprzak to FERC which thoroughly details the recent Patriot's Day Storm, the resulting responses by SAPPI and the lake level consequences. The resulting rapid 15 inch rise of lake levels because of a moderate 3 day rain event is a perfect example of why a flow model is necessary.

Weather forecasters knew 5 days prior, on April 11, that Maine was a target of this large storm. No action was taken by SAPPI. Shorefront owners were fortunate that lake levels exceeded the dam spillway for only a brief time.

Long Beach and other properties suffered significant erosion and damage to shorefronts during the Patrick’s day storm( See FOSL appendix 1). Shorefront owners have lost at least 3 vertical feet of protective upland beach since 1987. Storms at near full pond level are exacting a damaging toll because of the higher lake level and the increasing consequential shoreline vulnerability.

SAPPI has violated the flowage easements twice in the last 9 years because of moderate multi day rain events. During these violations extensive damage to shorefronts did occur and sedimentation of shoreline silts and clays caused extensive lake turbidity.

Would it not be wiser for the State and SAPPI to invest in a flow model for the Sebago Lake Watershed where real Sebago Lake shoreline destruction is presently occurring and where the potential for even greater damage exists because of the present management plan?

A Sebago Lake flood exceeding the dam spillway would, as the water rises against the shoreline, exponentially release many forms of pollutants into Sebago Lake. According to PWD data, water quality of Sebago Lake has deteriorated since 1990. FOSL believes that significant reasons for this are:

1. Wetlands no longer function as efficiently to purify watershed runoff because they never dry out anymore in the growing season.

2. Sedimentation of shoreline soils caused by the combination of high water and storm action is resulting in increased lake turbidity.

3. Significant nutrients are being introduced from eroded shoreline soils and degraded wetlands.

4. Loss of the lake and beach natural interface. The natural interface between the lake and land is rapidly being replaced with rip rap armoring resulting in the reduction of filtering of nutrients that enter the lake by land and air.

Unnatural water level management has reduced the resilience of the lake to withstand degradation by watershed and internal pollutants. The PWD flow model would help to alleviate severe flooding and thus reduce pollution loading and further water degradation.

The Presumpscot River hydroelectric generation facilities will generate hundreds of millions of dollars for the economic benefit of SAPPI over the term of the next license. The use of this water is free.

SD Warren Company owned by SAPPI has on numerous occasions legally argued for and won the right to significantly alter the flowage of Sebago Lake from its prior 1987 management.

They have economically benefited from their legal victories while the lake and residents have suffered. The cost of a Sebago Lake Flow model with real time monitoring would be a very small fraction of their hydro earnings and a fraction of the damage incurred by riparian property owners.

For public safety, property damage prevention and water quality protection we can not afford to live in a poorly monitored watershed feeding an impounded lake maintained without adequate storage capacity that drains into a heavily impounded river with a history of recent damaging flooding events.

We respectfully ask your reconsideration and require that Sebago Lake be fully monitored and protected by a Flow Model with real time data.

Sincerely,


Roger Wheeler
President, Friends of Sebago Lake

cc:
Steven Kasprzak
Douglas Watts
Nathan Whalen-PWD
Paul Hunt-PWD
Cumberland County Emergency Management
Dana Murch-DEP
Lake Region Weekly
Portland Press Herald
Al Althenn ( Friends of China Lake)
FOSL directors
Maxine Pray (Maine Lake Watch)
Wayne Rivet-Bridgton News
Governor John Baldacci
Tom Howard-SAPPI