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Dam Project DelayWhen OWL. decided to undertake the DEQ-mandated maintenance/repair of the dam, OWL. was advised from three sources (OWL. legal counsel, the project engineer/dam consultant and the construction company) that operations could proceed without permits. One branch of the DEQ, through feedback from the project engineer, also initially indicated that a permit was not necessary. As a result, OWL. did not apply for a permit when it set the maintenance timetable and proposed date for the temporary drawdown of the lake. Maintenance/repair work began on schedule and appropriate notifications were sent advising downstream municipalities and other interested bodies that drawdown was scheduled to begin on October 8. Another branch of the DEQ, when it received the drawdown notice, advised that a drawdown permit was necessary and if OWL. drew the lake down without said permit, a $10,000 per day fine was a possible penalty. The DEQ representative also advised the construction contractor that they were operating without a required permit – the contractor then ceased work, pending resolution of the matter. (See the DEQ Letter here). OWL. has been trying to resolve this issue and has applied for both a construction permit and a drawdown permit (even though OWL. and our legal counsel do not believe these permits are necessary) to remove the threat of a possible fine and to expedite the resumption of the maintenance/repair process. OWL is awaiting permit approval by the DEQ for the 1-foot temporary drawdown to commence and for resumption of work at the spillway site.
Stay tuned for updates on this matter.
For More Information Contact: Last modified:
12/05/03 16:58:26 -0800 |
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