January 10, 2010
Natural Resources Committee
Hearing LD 1577
No one in local Town government wants to go against the DEP because local politicians fear their environmental projects would simply “not be funded” if the DEP doesn’t like the politics of a particular Towns position on a land or water issue.
The remedy for that unfortunate problem is taking the money granting power from the DEP and placing it in an autonomous authority.
By doing so Towns like China would be less hesitant to voice their opinions in a public forum. Please read the record from the 2003 hearing and note the only position the Town of China felt they could take on the controversial issue of the China Lake water level was that the Town wanted “clean water”.
Many if not all the Selectmen were aware of the sordid history of the DEP’s involvement in the water level issues at China Lake.
The Lake was raised, keeping it well above its traditional spring flood level all summer and through the winter by using the flood control dam on the China Lake Outlet Stream as an impoundment dam beginning in 1969.
This impoundment was done to provide water to insure a constant flow in the outlet stream to dilute the licensed wastewater the DEP was about to sign off on.
In the mid nineteen seventies the DEP issued a permit to the Vassalboro Sanitary District to construct three crude sewerage plants on the outlet stream thus allowing 72,000 gallons a day of municipal wastewater to be dumped into the outlet stream, This was done without the notice or benefit of a public hearing.
In the spring of 1983 the Town of China was flooded. I think Ms. Pray is providing pictures of that unnecessary disaster. That same year someone circulated a petition under the “Dams Abandonment Act” giving the BEP control of the water levels in China Lake. (the act had just been modified, in 1983, coincidently fitting what the hearing was to be about providing dilution water to the sewerage plants about to be licensed, under the table, by the DEP)
That petition had little effect on the already raised water level but it did take away the right of the people in China to deal directly with the new owners of the Outlet Dam (The Town of Vassalboro).
I’m sure the residents of China felt they were doing the right thing in having the State (Experts) set the water level and manage the lake. When in effect nothing changed except it became a huge legal wall to scale to either have yourself heard or get anything done about the problem. The Vassalboro Sanitary District and the Town of Vassalboro were now protected by having the State between them and the victims of the unnaturally stable and high water levels.
This bill seems to carry that one step further by eliminating the BEP as an appeals board and making the DEP the sole authority.
In ’97 the DEP opposed a new hearing and the Board of Environmental Protection had to step in and over ruled the DEP and granted the hearing.
In 2003 the DEP again opposed a hearing and the Board over ruled them again and granted the hearing.
No one is perfect, no decision is perfect, but there should be a means of change and it should not be held solely by the organization that was involved in bringing on the problem in the first place.
The DEP has made, advised and supported many changes to China Lake:
Raising natural water levels on a lake with a 22 mile shoreline is a mistake.
Adding five vertical feet of water to the important wetlands around a sensitive lake is a huge mistake.
Not allowing natural fluctuation in a natural lake is a mistake.
Not allowing important seasonal fluctuation in the natural wetlands surrounding China Lake is a huge and fatal mistake to the functions and values of those wetlands to the lakes environment and to water quality. (The China Lake wetlands are now a mono-culture instead of the naturally diverse environment a natural water level and fluctuation would provide).
Lowering the water level a couple of feet late in the fall taking water in the huge wetlands surrounding China Lake away from beaver lodges and muskrat lodges so the animals can’t get to their food supply under water, is a mistake. (beaver and muskrat lodges are built at the fall water level to keep open water inside and under them allowing the animals to get to their stored winter food supply. Suddenly changing that water level late in the fall dooms many of the animals).
Raising the lake in the spring to extra high flood levels by nearly closing off the gates at the outlet dam keeping nearly all the flood water from the outlet stream in the spring when the trout are in need of the naturally high flow of water is a huge mistake. It deprives the trout access to spawn and to access insects for food that surely kills thousands of valuable sport fish through starvation and lack of reproductive habitat.
Trees toppling into the lake from having the soil washed away from their roots due to the abnormally high stable water level is a huge mistake over a 22 mile shoreline.
With the current DEP supported lake level order China Lake, its wetlands and its outlet stream are run completely reverse of what a natural environment would be, this is the fatal mistake for China Lake.
Not doing any studies of the effects of the above changes to China Lake is a stupid mistake.
Leaving the fox (the DEP) solely in charge of the chicken coop (lakes under State control) is a dangerous mistake and unfair for the people of Maine if the Legislature chooses to allow this bill to go forward.
The DEP already has too much control with its jurisdiction over grant monies and now it is looking to protect itself against review by anyone but itself regarding vitally important water level issues.
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