Northern Maine resident challenges local dam replacement over flooding concerns
By Kathleen Phalen Tomaselli, Houlton Pioneer Times Staff
BREWER – The Maine Land Use Planning Commission halted the reconstruction of a dam in Indian Purchase Township on April 9 following a residential appeal. The panel sent the project back to the commission’s staff for further review.
Landowner Robert McNally, who lives near the proposed dam, had filed an appeal in November after staff at the LUPC issued a development permit to Katahdin Forest Management for a replacement dam located between Smith Brook and Smith Pond off Millinocket Road.
The dam is on a 15,973-acre parcel owned by Katahdin Forest Management. Indian Purchase Township is located about eight miles southwest of Millinocket.
During the LUPC’s monthly meeting in Brewer, staff presented McNally’s appeal to the commissioners and suggested they remand the permit application back to staff to allow time for additional proceedings.
LUPC MEETING — Maine Land Use Planning Commission Executive Director Stacie Beyer outlines a recent appeal of a staff decision for a replacement dam in Penobscot County.
McNally argued in a letter to the LUPC that the proposed replacement dam would increase the high water mark of the impounded waters and flood property he has maintained for recreation and gardens for the past 30 years.
Additionally, waves from motorboats using the pond would wash up across his lawn, he said.
“This is something I have never witnessed since owning the property,” he said.
LUPC staff noted that 2019 photos show some flooding on McNally’s land. The photos also show evidence of a beaver dam that may have caused the flooding, staff added.
Last April, Katahdin Forest Management and Big Smith Pond Owners Association submitted an application to replace a pre-1971, 9-foot wide by 3-foot tall dam with a 6-foot wide by 4-foot tall concrete and steel dam.
According to the application, the dam would be located below the normal high water mark of Smith Pond and Smith Brook.
In October, LUPC staff issued a development permit to Katahdin Forest Management for the dam’s reconstruction.
Since McNally’s appeal, both parties have supplied commission staff with supplemental evidence.
Nonetheless, staff said that more information is required to make a determination as to whether reconstructing the dam would have an undue adverse effect.
Katahdin Forest Management and McNally will have an opportunity to present additional information to the commission in upcoming proceedings, LUPC Executive Director Stacie R. Beyer said.