Formal Complaint Sappi violation

December 29, 2008

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

Re: Eel Weir Dam Project No. 2984 ME Response to Letter of Tom Howard
December 15, 2008
Accession number 20081215-5143 p-2984-074
Formal Complaint


Dear Secretary Bose,

SD Warren states on page two “There were no reported or observed adverse environmental impacts as a result of the lake level being above the applicable target line during the periods described in this report. No comments or communications were received from the resource agencies regarding the lake level during the period covered by this report.”

I will respond that, presently, due to the higher Sebago Lake water level management plans ongoing since 1989, I am forced to rock armor 400 feet of my shoreline along Long Point of Sebago Lake as specified and approved with a Maine DEP permit. I do this to protect my camp and lake access. The cost is in the tens of thousands of dollars. Because of the near unprecedented higher water for this time of year, the sixty inch wide Bobcat front loader we are using to move rock can not traverse the beach area without fully entering the water column. This encroachment is a violation of the permit thus terminating work until next November. At least two and one half vertical feet of protective cobbles, sand and vegetation on the beach against the toe of the bank is gone due to erosion since 1987. Due to the higher water levels this November and December with only near average rainfall my shoreline armoring work has been suspended. This will mean that unprotected embankment will be eroding when lake levels are forced to full pond next spring. Even at levels of more than 2 feet below the spillway, there is now no beach on Long Point.

I wish to state for the official record that these higher fall lake levels are creating an added financial burden for our family and it is damaging our shoreline. It is worrisome that any time a “tube” is not working, any of the 8 dams need repair, or a flashboard is damaged SAPPI is excused for violating the agreement regardless of their irresponsible planning. I am requesting that FERC require an additional lowering of the lake when repairs are scheduled for dams on the Presumpscot. To do these repairs in the late fall when precipitation and runoff is naturally higher and SD Warren only lowers the level to 263 on November1, which is six inches above the target, lacks responsibility. Lake levels should drop at least to the low end of the permitted range if not lower.
SAPPI’s submission of explanation failed to include Prestone information that Long Lake’s 4 foot lowering of water levels has been delayed. It appears the delay is related to the failure of Sappi to adhere to the water level license requirements. Because of the higher than average Sebago Lake levels, the gates at Songo dam can not discharge the water of Long Lake effectively. Warren fully is aware of this from over a century of experience. This will further delay the lowering of Sebago Lake.

By this letter I am filing a formal complaint against SAPPI for violating the Sebago Lake Lake Level Management Plan and for the damage and monetary losses that this reckless management has financially burdened my family.

Sincerely,
Roger Wheeler

Roger Wheeler
PO Box 561
Fryeburg, Maine
04037
email: friendsofsebago@yahoo.com