FRIENDS OF KENNEBEC SALMON STOPS FISH KILL
AT COBBOSSEECONTEE STREAM,
GARDINER, MAINE -- OCTOBER 2002
Adult American eels chopped to pieces by the turbines of the American
Tissue Dam, Cobbosseecontee Stream, Gardiner, Maine. Evening of 8 October
2002. The dam is operated by CHI Energy, Andover, Massachusetts.
ENFORCEMENT ORDER BY MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION
October 10, 2002
Certified Nos. 7000 1670 0008 7878 4162
7000 1670 0008 7878 4155
Skip Medford
CHI Operations, Inc.
Andover Business Park
200 Bulfinch Drive
Andover, MA 01810
Thomas R. Brown
Ridgewood Maine Hydro Partners, L.P.
947 Linwood Ave.
Ridgewood, N.J. 07450
Also sent via fax to CHI on October 10, 2002 (978-681-7727)
Re: American Tissue Dam-FERC No. 2809-ME
Dear Messrs. Medford and Brown:
I want to begin by thanking you for your prompt response to our requests
for corrective action at this facility. As of the time this letter is written,
CHI has installed a plunge pool box for alewives and opened one of the deep
gates some six inches. It is my understanding that CHI has verbally agreed
to shut down the turbine, effective today, from dusk till dawn every day
until November 15, 2002. It is also my understanding that today CHI installed
two metal plates, each several feet high, at the base of the trash screens
that will physically block eels from swimming along the bottom and into
the influent to the turbines. Because eels typically travel along the bottom,
hopefully this will prove to be an effective deterrent.
Although these corrective actions are very positive steps in the right direction,
we need to assure that the facility is brought into compliance with Maine
law and continues in compliance. Therefore, the Department continues to
request that CHI Operations, Inc. and/or Ridgewood take any and all necessary
measures, subject to DEP and/or DMR approval, to prevent fish mortality
due to downstream migration at the American Tissue Dam (FERC No. 2809) in
Gardiner, Maine. Such measures may include, but may not be limited to, temporarily
shutting down the turbine and if necessary, draining the head pond until
the downstream migration of eels and alewives is done for this year.
It is the Department's position that you are in violation of Title 38
M.R.S.A. § 464 for rendering the receiving waters unsuitable "as
habitat for fish and other aquatic life." Our position is supported
by an ongoing fish kill and evidence of other significant fish kills that
occurred at the facility over the past several years.
This Department's request for corrective action was initially conveyed to
you via a voicemail message shortly after 5:00 P.M. on October 7. On October
8, 2002, CHI responded by increasing the opening of the deep gate nearest
to the generating station intake to approximately 5 inches. Increasing the
gate opening revealed that the previous opening of some three inches (opened
on September 15, 2002) was partially blocked by debris. As soon as the gate
was opened to 5 inches, there was a moderate increase in water through the
gate. Several minutes after the gate opening was increased to 5 inches,
a plume of muddy water exited through the gate and the flow increased considerably.
I later learned from John Bogert that CHI staff place sandbags in front
of the gates each fall to minimize leakage. Apparently, during the period
September 15-October 8, 2002, although the gate was opened some three inches,
the effective width of the opening was less than that.
During my site visit on October 8, I requested of Mr. Bogert that CHI place
a screen below the powerhouse discharge to determine if eels continue to
be killed in the turbines in spite of the increased flow through the deep
gate. He refused because, as he stated, the screen would become clogged.
On October 9, CHI closed the deep gate and opened the gate furthest from
the powerhouse intake to approximately six inches. It is my understanding
the possibility of shutting down the turbines during the night time hours
was discussed between CHI and John Perry of the Dept. of Marine Resources
at this time. On this date, CHI built a structure on the dam apron to act
as a plunge pool for downstream migrating alewives. After the structure
was built, a small school of alewives was seen going over the dam, entering
and exiting the structure, and entering the stream. During my visit to the
site this afternoon, I observed that the flow to the plunge pool box had
been cut off and workmen were busy repairing the box because one side wall
had bowed out from the water pressure. I observed two dead alewives inside
the box. Once the box was braced and the flashboard was removed, I observed
that the box has considerable leakage. The integrity of the box should be
closely monitored and if leakage becomes excessive, it should be repaired
or replaced.
On October 8, 9, and 10, dead eels were observed and collected below the
outfall of the power generation station. On October 9 alone, evidence of
more than one hundred dead eels was collected and removed from the stream.
Today, in excess of forty dead and dying eels were found in the stream below
the power generation facility. These were still found in spite of increased
stream flows that may have washed additional eels and eel parts downstream.
It is this Department's position that the corrective measures taken
by CHI prior to today have not been effective with regard to the killing
of eels. Conversely, there is evidence, in the form of dead and dying eels,
that the corrective measures have been ineffective. Therefore, effective
immediately, the Department of Environmental Protection requests that, at
a minimum, you take the following corrective actions:
Cease all power production by shutting down the turbine every day from dusk
to dawn beginning today, October 10, 2002 until November 15, 2002 (as noted
above, it is my understanding that CHI has verbally committed to do this);
Maintain continuous downstream eel passage by keeping one or more deep gates
open a minimum of six inches until November 15, 2002;
3) Due to concerns that flows into the headpond through the CHI operated
New Mills dam may be cut back at night, please ensure that sufficient flow
is maintained to maximize the downstream passage of eels through the deep
gate during non-generating hours until November 15, 2002;
Maintain an effective downstream alewife fish passage device until November
15, 2002;
Visit the facility a minimum of once daily to monitor the effectiveness
of downstream fish passage; and,
To determine the efficacy of these corrective measures, install a screen
or other device below the outfall of the power plant, subject to approval
by the Dept. of Marine Resources, and report any numbers of dead and dying
eels collected to the DEP daily. This screening device is to remain in place
until November 15, 2002 unless approval to remove it sooner is granted by
the DEP.
It is likely that this Department will issue a formal Notice of Violation
in this matter.
Due to the repeated nature of these violations, the Department may propose
an Administrative Consent Agreement and Enforcement Order. The Department's
actions in this regard will be guided in part by your willingness to permanently
correct the problems at the facility.
Thank you again for your very prompt response and for your anticipated continued
cooperation in this matter. Please contact me within five (5) days of receipt
of this letter with your response to these requests. If you have any comments
or questions, please call me at (207) 287-7783. Please be advised that the
State is on shutdown tomorrow and October 14. I will, however, visit the
office during each of the next four days to check my voicemail and email
messages.
Sincerely,
John M. Glowa, Sr.
Enforcement Section
Division of Water Resource Regulation
Bureau of Land & Water Quality
Cc: Tom Squires-DMR
Gail Wipplehauser-DMR
John Perry-DMR
Dana Murch-DEP
Carol Blasi-Dept. of Attorney General
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