Friday, January 15, 2010

FOSL Files Formal FERC Complaint against S.D. Warren at Sebago Lake

On Friday, Feb. 15, 2010 Friends of Sebago Lake filed a formal complaint with the Federal Energy Regulatory Commission (FERC) against S.D. Warren, owner of the outlet dam at Sebago Lake, for violating its federal license requirement to lower the lake to 261 feet msl in two of every nine years.

These lowerings of the lake in the fall and winter are essential to allow for the replenishment and restoration of the lake's natural beaches.

The complaint can be read here.

In a license amendment issued in 1997, the FERC required S.D. Warren to lower the level of Sebago Lake during the fall to 261 feet mean sea level in two of every nine years. During the first nine-year cycle (1997-2005), S.D. Warren only lowered the level once, in 2001. This was despite the fact that the period 1999-2003 was one of the worst drought periods in recent Maine history.

Since 2001, S.D. Warren has only lowered the lake to 261 msl once, in 2007. This failure has caused S.D. Warren to violate its federal license granting it the right to own and operate the Eel Weir Dam at the outlet of Sebago Lake.

The reason for this requirement is that natural lake beaches require occasional low water levels, especially during the fall, to allow for beach replenishment and restoration from high water storm events. This process is called "beach accretion," and occurs when wave action, at low water, pushes sand back up the beach profile as the water level slowly rises.

Since 1987, when S.D. Warren began keeping the Sebago Lake much higher than its natural, historic average, there have been insufficient low water events in the fall to allow for beach replenishment and rebuilding. This, coupled with storms at high water levels, has caused massive erosion of the lake's miles of natural beaches and the collapse of formerly stable, vegetated areas along Sebago Lake's 100 miles of shoreline.

1 comment:

Friends of Sebago Lake said...

Sappi never was serious about complying with this plan. FERC looks to the State to monitor compliance. The State believes it is FERC's responsibility to enforce conditions of the plan. Ron Lovaglio, Commissioner of Conservation, and the DEP who put this plan together, tricked FOSL about a steering committee to monitor the impacts of the plan is now New England Regional Manager for Sappi.
David Littell Commissioner of DEP has been absolutely worthless for taking responsibility over Sebago Lake. What should we expect as his former employer was Pierce Atwood Law Firm whose client is SAPPI. Littell's DEP recently submitted LD 1577 which would eliminate citizens from attempting to stop harmful lake regulation.