Pursuant to the Maine Dam Registration, Abandonment, and Water Level Act, 38 M.R.S. § 840(1), the Maine Department of Environmental Protection (Department) will be conducting an adjudicatory hearing (hearing) regarding the establishment of a water level regime for Dyer Long Pond in the Town of Jefferson. This proceeding is being initiated as a result of a petition filed with the Department by 35 littoral/riparian owners along Dyer Long Pond.
The 35 petitioners represent more than 25% of the total number of littoral or riparian proprietors of Dyer Long Pond. The water levels of Dyer Long Pond are controlled by a dam owned and operated by the Mr. Richard Saltonstall, III. The relevant statutory and regulatory criteria associated with a water level order are: the Maine Dam Registration, Abandonment, and Water Level Act, 38 M.R.S. § 840; the Department’s rule concerning In-Stream Flows and Lake and Pond Water Levels, 06-096 C.M.R. ch. 587; and the Department’s Rules Governing the Conduct of Licensing Hearings, 06-096 C.M.R. ch. 3. Tina Zabierek was delegated by the Commissioner to be Presiding Officer for purposes of carrying out the hearing on the matter. Notice of the hearing date, time and location will be published at a later date in accordance with the requirements of the Maine Administrative Procedure Act, 5 M.R.S. §§ 9051-9064 and the Department’s Rules Governing the Conduct of Licensing Hearings, 06-096 C.M.R. ch. 3.
At this time, the Department is re-opening the deadline for any person desiring to participate as a party to the proceeding must file a written petition for leave to intervene. The petition must identify the petitioner and include: a description of the effect of the proposed activity on the petitioner; specific contentions regarding the subject matter of the hearing and the relevant statutory criteria; the name of the spokesperson for the petitioner; and a statement regarding the ability of the petitioner to participate in the proceeding. If the petitioner is a group or organization, the petition shall include a general description of the purpose and membership of the group or organization. A petition shall be granted if it demonstrates that the petitioner is or
may be, or is a member of a class which is or may be, substantially and directly affected by the proceeding, or that the petitioner is any other agency of federal, state or local government.
Persons granted intervenor status will have the right to offer testimony and evidence, participate in cross-examination of other parties, and will have the responsibility to attend pre-hearing conferences and abide by all procedural orders. Intervenors will likely be required to file all testimony prior to the hearing for review by the Department, the petitioners, dam owner and other intervenors in advance of the hearing in preparation for crossexamination.
Pursuant to 38 M.R.S. § 840(4), testimony at the hearing is limited specifically to the water levels of Dyer Long Pond which are necessary to: maintain public access and use of the water for navigation, fishing, fowling, recreation and other lawful uses; protect the safety of shoreline residents and the public; maintain fish and wildlife habitat, water quality and public and private water supplies; prevent the excessive erosion of shorelines;
accommodate precipitation and run-off of waters; support ongoing use of the dam to generate or to enhance the downstream generation of hydroelectric or hydromechanical power; and provide flows from the dam to maintain public access and use, fish propagation and fish passage facilities, fish and wildlife habitat and water quality downstream.
Members of the public who wish to provide comments to the Department about the petition to establish a water level regime for Dyer Long Pond do not need to petition to intervene. A portion of the hearing will be reserved for the purpose of receiving comments from the general public. The Department will also receive written comments from the public. Members of the public who wish to receive notices related to the hearing may ask to be put on an “interested persons” list, without the need to intervene.
Written petitions for leave to intervene must be received by the Department on or before Thursday, November 2, 2017 at 5:00 p.m. Petitions should be directed to:
• By mail – Tina Zabierek, Presiding Officer Maine Department of Environmental Protection
17 State House Station
Augusta, Maine 04333
• Electronically – christina.s.zabierek@maine.gov
• By hand – Tina Zabierek, Presiding Officer
Maine Department of Environmental Protection
28 Tyson Drive
Augusta, Maine 04333
Documents submitted to the Department shall meet form, service, and filing of documents requirements detailed in the Department’s Rules Governing the Conduct of Licensing Hearings, 06-096 C.M.R. ch. 3 §3. Petitions for leave to intervene shall be typewritten or printed on white opaque paper 8 ½ by 11 inches in size. The final page shall be dated and signed. All petitions must be received by the date and time set forth above at least electronically.
If a petition is filed electronically, a signed identical paper version must subsequently be timely mailed to the Department at the mailing address set forth above and received by the Department within five (5) working days.
Questions regarding petitions to intervene may be directed to Kathy Davis Howatt at the Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333, at kathy.howatt@maine.gov, or at (207) 446-2642.
