Sutton Order of Conditions DEP # 303-0669

Late yesterday, the Sutton Conservation Commission released the long awaited for Order of Conditions for Interface Global’s Notice of Intent – DEP # 303-0669 which seeks to bring the water level down 3 1/2 feet plus and reduce the acreage by 55+ acres. The Order is 13 pages long plus support material of 7 attachments from engineers, MRC letters, and water level graphs, etc…

I have to say I was not confident as to its contents, but the Order does uphold the Wetlands Protection Act, does put mechanisms in place to ensure communication up and downstream and does acknowledge the well-maintained condition of the dam.

Here’s a quick look at the Special Conditions on page 11

1. “Applicant shall maintain water levels generally in accordance with the Historic Rule Curve developed in the 1930’s and used throughout operations of the dam through early 2008, and shall maintain water levels at, but no higher than the, Historic and Operational Rule Curve in a manner similiar to the dam’s recent history of operations;”

2. “….. install a standard staff gauge…. 40-50 feet beyond it downstream….”

3. “Applicant shall release water generally in accordance with the advanced flow regime…Mumford Low Flow Study…”

4. “…. because it is not headquartered on-site…. sufficient Notice and in attendance by a MRC agent, two Town of Sutton-designated representatives… monitor the water levels and who shall notify the dam operator of any changes or inconsistencies in the conditions of the structure and its operation.”

5. … continuous contact with the owner of Sutton Falls Dam ….Steven’s Pond Dam, Town of Sutton, Whitin’s Dam, Town of Douglas and the Douglas Wastewater Treatment Plant and the owner of Lackey Dam…”

6. Applicant … maintain public liability and casualty insurance…”

7. Applicant shall immediately implement the repair and maintenance recommendations contained in….Kleinschmidt..”

8. Any damage caused… to any wetland resource areas shall be the responsibility of the Applicant to repair, restore and /or replace….”

9. “… file formal procedural protocol document with the Town of Sutton, DEP, ODS, Army Corps of Engineers, Town of Douglas…. detail…plan in anticipation of predicted 1″-12+” rainfall/storm events…”