7C03F621-71E0-4738-9D64-F2942DDDEB19
Fwd: Follow up to MDEP | Bar Mills Project (FERC No. 2194-ME) Temporary Headpond Variance Request Consultation
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- Bennet Flinner <[email protected]>
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- Mike Harnois <[email protected]>
- Richard Morin <[email protected]>
- Dan Yarumian <[email protected]>
- Jack Rogala <[email protected]>
- Mary Hoffman <[email protected]>
- Roger Hicks <[email protected]>
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Begin forwarded message:
From: "Seyfried, Jason" <[email protected]> Date: June 8, 2026 at 2:33:14 PM EDT To: "Paye, Laura" <[email protected]>, "Dockens, Patrick E" <[email protected]>, [email protected], "Spiller, Kimberly J" <[email protected]>, [email protected], [email protected], "Rideout, Megan M" <[email protected]>, "Pellerin, James" <[email protected]>, "Clark, Casey" <[email protected]>, [email protected] Cc: "Nadeau, Ryan" <[email protected]>, "Heidrich, David" <[email protected]>, "Pocquette, Kayla" <[email protected]>, "Scarzello, Michael" <[email protected]>, "LeBlanc, Matt" <[email protected]>, "Dorman, Randy" <[email protected]>, "Doiron, Isaac" <[email protected]>, "Gallant, Zachary" <[email protected]>, "Clere, Jason" <[email protected]>, "Murphy,Kyle" <[email protected]>, "Leblanc Sr, Matthew" <[email protected]>, Andy Qua <[email protected]>, Kevin Cooley <[email protected]>, Bruce DiGennaro <[email protected]> Subject: Follow up to MDEP | Bar Mills Project (FERC No. 2194-ME) Temporary Headpond Variance Request Consultation
Good afternoon, Laura,
Thank you for your email and for outlining the Department’s interpretation of the Chapter 450 permitting requirements. We appreciate the clarification regarding the grey area between Sections 4(B)/(C) and the exemptions under Section 5, and we understand the Department’s interest in ensuring that any flashboard removal and associated drawdown to our low license limit (crest) are conducted in a manner protective of water quality and aquatic habitat.
Regarding the timing of flashboard removal, our current plan is to remove the flashboards in alignment with the anticipated schedule for decommissioning activities. At this time, we expect removal to begin during the late summer of 2027. If the overall dam removal schedule is delayed beyond that timeframe, BWPH does not intend to raise the flashboards again; they would remain lowered to reduce dam and personnel safety risks associated with high-flow events and the recurring maintenance required to repair, raise, and lower the boards. We see this approach consistent with the exemption under Section 5(2), as no earthen cofferdam, dredging, filling, or permanent alteration of water levels would occur. The flashboard removal alone would be a temporary measure until the spillway is permanently breached—a separately permitted action undertaken with the Department’s concurrence that will permanently alter water levels.
As you know, the Bar Mills Project has experienced significant operational challenges that have prevented the generating units from operating since 2017. These challenges stem from Alkali Aggregate Reactivity (AAR), an unavoidable condition in which certain aggregates used in the concrete absorb water and expand over time, leading to cracking and structural degradation. There is no long‑term remedy for AAR at the Bar Mills powerhouse other than full reconstruction. As a result, the Project has been operating in a constrained and abnormal condition since 2017.
With respect to the drawdown rate, we agree that a gradual lowering of the headpond is important for minimizing sediment mobilization and reducing impacts to aquatic life and shoreline stability. We would implement a controlled drawdown not exceeding one foot per day. The specific configuration for lowering a section of hinged flashboards would depend on inflows, but our intent is to remain fully within the Department’s drawdown parameters.
It is worth noting that numerous spillway flashboards are commonly down in late fall following high‑flow events and typically remain down throughout the winter due to unsafe conditions outside of our control. The lowered boards and resulting elevation provide protection during spring run-off with high inflows. The impoundment levels fluctuate until our hydro personnel can safely raise the boards.
I’m happy to set up a call if you have any further questions or concerns. Thanks for your time and have a good week.
Jay Seyfried
Senior Compliance Specialist | NEROC Compliance
T 207.755.5615
C 207.312.8323
View important disclosures and information about our e-mail policies here.
From: Paye, Laura <[email protected]>
Sent: Thursday, June 4, 2026 2:34 PM
To: Seyfried, Jason <[email protected]>; Dockens, Patrick E <[email protected]>; [email protected]; Spiller, Kimberly J <[email protected]>; [email protected]; [email protected]; Rideout, Megan M <[email protected]>; Pellerin, James <[email protected]>; Clark, Casey <[email protected]>; [email protected]
Cc: Nadeau, Ryan <[email protected]>; Heidrich, David <[email protected]>; Pocquette, Kayla <[email protected]>; Scarzello, Michael <[email protected]>; LeBlanc, Matt <[email protected]>; Dorman, Randy <[email protected]>; Doiron, Isaac <[email protected]>; Gallant, Zachary <[email protected]>; Clere, Jason <[email protected]>; Murphy,Kyle <[email protected]>; Leblanc Sr, Matthew <[email protected]>; Andy Qua <[email protected]>; Kevin Cooley <[email protected]>; Bruce DiGennaro <[email protected]>
Subject: RE: To Agencies & Stakeholders | Bar Mills Project (FERC No. 2194-ME) Temporary Headpond Variance Request Consultation
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Hi Jay,
Thank you for the outreach. Based on your letter, removal of the flashboards may or may not be permanent based on timing for decommissioning activities. How will BWPH proceed if dam removal is delayed until after summer 2027?
Under Department Rule Chapter 450 this activity is in a gray area of requiring an MWDCA permit. Section 4(B) & 4(C) of the rule are below showing this:
Activities Requiring a Permit. The following types of activities are subject to the requirement for a permit:
(1) the construction of a new hydropower project, including a new water storage dam, or a new hydroelectric generating facility of any kind, whether utilizing a dam, a natural water feature, natural current velocities, or tidal action;
(2) the reconstruction of a hydropower project;
(3) any dredging or filling below the normal high water line of a water body to facilitate maintenance and repair of an existing and operating hydropower project; and
(4) the structural alteration of a hydropower project in a way that changes water levels or flows above or below the dam, including, but not limited to:
(a) the addition or alteration of flashboards; and
(b) the installation of additional or enlarged turbines.
Activities Not Requiring a Permit. The following types of normal maintenance and repair activities at existing and operating hydropower projects are exempt from the requirement for a permit, provided that the activity does not diminish water quality below applicable standards:
(1) the resurfacing or repair of dams, canals, powerhouses, retaining walls, or other structures where no earthen cofferdam, dredging, filling, or permanent water level alteration is involved;
(2) the repair, removal or replacement of flashboards, stop logs, gates, or intake racks where no earthen cofferdam, dredging, filling, or permanent water level alteration is involved;
The Department agrees that removal of the flashboards and a gradual drawdown will reduce stress on aquatic life and help revegetation and stabilization of banks considering the proposed decommissioning. Could you describe in further detail the timing by which flashboards will be removed, or any projections on the amount the headpond will drop per day based on the planned timing? In maintenance and repair permits, the Department typically prefers that headponds be lowered a maximum of 1 foot per day to prevent sedimentation.
I am happy to discuss these questions in a meeting or phone call if you would prefer,
Thank you,
Laura
Laura Paye (she/her)
Hydropower Coordinator
Bureau of Land Resources
Maine Department of Environmental Protection
(207) 219-9563
From: Seyfried, Jason <[email protected]>
Sent: Wednesday, May 13, 2026 9:55 AM
To: Dockens, Patrick E <[email protected]>; [email protected]; Spiller, Kimberly J <[email protected]>; [email protected]; [email protected]; Rideout, Megan M <[email protected]>; Paye, Laura <[email protected]>; Pellerin, James <[email protected]>; Clark, Casey <[email protected]>; [email protected]
Cc: Nadeau, Ryan <[email protected]>; Heidrich, David <[email protected]>; Pocquette, Kayla <[email protected]>; Scarzello, Michael <[email protected]>; LeBlanc, Matt <[email protected]>; Dorman, Randy <[email protected]>; Doiron, Isaac <[email protected]>; Gallant, Zachary <[email protected]>; Clere, Jason <[email protected]>; Murphy,Kyle <[email protected]>; matthew.leblanc <[email protected]>; Andy Qua <[email protected]>; Kevin Cooley <[email protected]>; Bruce DiGennaro <[email protected]>
Subject: To Agencies & Stakeholders | Bar Mills Project (FERC No. 2194-ME) Temporary Headpond Variance Request Consultation
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Good morning,
Brookfield White Pine Hydro LLC (BWPH), owner and operator of the Bar Mills Project, respectfully requests your concurrence on a temporary headpond variance to lower the 6.75‑foot‑high spillway hinged flashboards to crest effective October 1, 2026, following the conclusion of the 2026 recreation season. BWPH proposes to maintain this condition through the summer of 2027 or until decommissioning removal activities commence. Following agency consultation and stakeholder outreach, BWPH will seek a temporary variance from the Federal Energy Regulatory Commission (FERC) to implement this operational change as the decommissioning and surrender process advances.
Please see the attached letter and provide any questions or concerns by June 13th.
Thank you,
Jay Seyfried
Senior Compliance Specialist | NEROC Compliance
T 207.755.5615
C 207.312.8323
View important disclosures and information about our e-mail policies here.