and Roger Wheeler. 935-2994. friendsofsebago@yahoo.com
Public documents submitted to the Maine Department of Environmental Protection by Friends of Sebago Lake show the DEP for 19 years has failed to protect the natural sand beaches and shoreline of Sebago Lake. Such protection is required under Maine’s Anti-Degradation Statute, a section of Maine law required under the federal Clean Water Act. 38 MRSA §464 (4)(F) et seq.
These documents show that for 16 years, Maine DEP has ignored the counsel of its own technical experts and its fellow state agencies and allowed artificially high water levels to destroy much of Sebago Lake’s natural beaches. The most severely damaged beach is Songo Beach at Maine's own Sebago Lake State Park. The natural sand beaches of Sebago Lake were once among the most outstanding natural lake beach systems in Maine and in the Northeast United States.
The artificially high water levels authorized by Maine DEP at Sebago Lake since 1991 have caused massive erosion and landslides along the lake’s wooded shoreline. This damage has forced shorefront residents to spend tens of thousands of dollars to re-stabilize their shorelines to keep their houses from falling into the lake. This destruction is continuing unabated today.
THE BACKGROUND
In 1987 the S.D. Warren Company, which owns a hydro electric dam at the outlet of Sebago Lake, began keeping Sebago Lake 1-3 feet higher than normal during the summer and fall to generate more hydro power in the winter. These much higher water levels immediately caused severe erosion to Sebago Lake’s shoreline, including the entire collapse of the shoreline at the Portland Water District pumping station on Route 35 in Standish. The U.S. Army Corps of Engineers spent more than $500,000 keeping Route 35 from falling into Sebago Lake by armoring the collapsed wooded shoreline with large stone rip-rap.
In 1990, the Maine DEP brokered an agreement with S.D. Warren and shorefront homeowners to revert the lake to its pre-1987 condition based upon the scientific reports of its own technical staff. In 1991, the Maine DEP changed its mind and ignored the advice of its own technical staff. For the past 16 years, Maine DEP has allowed and advocated for the S.D. Warren Company to violate Maine water quality statutes by keeping Sebago Lake artificially high and thereby causing severe erosion to its shoreline and sand beaches.
HOW THE DAMAGE IS DONE:
Artificially higher water levels on a natural lake cause erosion as the water surface attempts to create a new equilibrium with its shoreline. This causes shoreline erosion, landslides, toppling of large trees and the destruction of formerly stable natural beaches. This erosional process can continue for decades or centuries depending on how high the lake is artificially raised and the susceptibility of the natural shoreline to erosion. All of these processes have been well documented at Sebago Lake by the State of Maine and the Maine Bureau of Parks and Recreation during the past 18 years.
This damage would not be allowed to happen at Baxter State Park. It would not be allowed to happen at Acadia National Park. But for 16 years Maine DEP has authorized this damage at Sebago Lake and Maine's own Sebago Lake State Park.
THE EVIDENCE
Public records and State of Maine documents obtained under the Maine Right to Know Law submitted by Friends of Sebago Lake to the Maine DEP on Oct. 8, 2006:
STATEMENT OF MAINE DEP TECHNICAL EXPERTS
STATEMENT OF MAINE PLANNING OFFICE CONSULTANTS
APPLICABLE LAWS
1992 -- MAINE DEP ADMITS BREAKING THE LAW
OUR 10/8/06 DOCUMENT SUBMISSION TO MAINE DEP
THE LAWS
Maine’s Anti-Degradation Statute states simply that Maine lakes and rivers cannot get dirtier or more degraded once they attain a specific level of health. The federal Clean Water Act requires Maine to have this Anti-Degradation statute in its lawbook. Text of the applicable laws are here.
Since 1987, Sebago Lake has become severely degraded. The Director of the Maine Bureau of Parks stated this. Maine DEP's technical staff predicted this. Maine geologists noted this. In 1992 the Maine DEP admitted this. But for 16 years nothing has been done.
Songo Beach at Sebago Lake State Park, which looked like this and this during the 1960s, now looks like this.
For the past 16 years, Maine DEP has approved this destruction.
The destruction of Sebago Lake’s beaches and shoreline due to these artificially high water levels violates Maine’s Anti-Degradation Statute which declares that all existing uses of a waterbody which occurred on or after Nov. 28, 1975 must be protected and maintained. The Maine DEP has failed for 16 years to enforce this law at Sebago Lake and Maine's own Sebago Lake State Park.
150 foot by 60 foot landslide, Long Point, Sebago Lake, August 2006.
The tree at right slid down from the top of the slope.
WHAT THE LAW REQUIRES MAINE DEP TO DO NOW
Under Maine law, the federal Clean Water Act and the federal Power Act, the Maine DEP must now issue a certification to the S.D. Warren Company (SAPPI) stating that its operation of the Eel Weir Dam at the outlet of Sebago Lake does not cause violations of Maine water quality laws and the federal Clean Water Act. This certification must be approved or denied by the Maine DEP by February 2007.
The Maine DEP reports and memos Friends of Sebago Lake submitted to the Maine DEP on 8 October 2006 show the agency has failed to heed the advice of its own technical staff for the past 16 years and has broken Maine law and destroyed the natural beaches of Sebago Lake as a result.
Maine DEP must enforce the law in their certification process for S.D. Warren’s Eel Weir dam. They must order the artificially high levels of Sebago Lake to stop. They must revert the lake to its condition prior to 1987, the year S.D. Warren unlawfully altered the lake’s historic levels and the Maine DEP let them.
BONUS: OLD GROWTH FOREST DESTROYED AT SEBAGO LAKE STATE PARK
SONGO BEACH OLD GROWTH FOREST DESTRUCTION: 1996-2004.
ABOUT FRIENDS OF SEBAGO LAKE
Friends of Sebago Lake is a volunteer membership organization which began in the early 1990s to protect Sebago Lake.
Most of its members live along the Sebago Lake and have for most or all of their lives.
Their memories and family photographs, such as the one above of Carol Steiman when she was a little girl at Songo Beach in the 1940s, are all that is left of what Sebago Lake used to be until 1987.
Friends of Sebago Lake conducts independent scientific and historic research and advocates for the natural character and health of Sebago Lake.
Sebago Lake is Maine’s second largest lake, its deepest lake, and one of the natural wonders of the United States of America.
It deserves to be protected for future little girls with a toy sailboat.