Mud Pits, Flooding, and Wildlife

Community Concerns and the Dam Removal Process

Beth Lambert, River Restoration Program Coordinator

March 22, 2010

Monument Beach, MA

Mission: To restore and protect the health and integrity of the Commonwealth's rivers, wetlands, and watersheds for the benefit of people, fish, and wildlife

September 2008

North Branch of the Hoosic River, Clarksburg

Photo by B. Lambert

15 feet

November, 2010

Photo by N. Wildman

June 2011

1. The dam owner is liable for the dam

302 CMR 10.0 DAM SAFETY

• 10.13: Liability

(1) The owner shall be responsible and liable for damage to property of others or injury to persons, including but not limited to loss of life, resulting from the operation, failure of or misoperation of a dam.

1. The dam owner is responsible for inspections and repairs 302 CMR 10.0 DAM SAFETY

10.07 Inspection Schedule

Owner must have dam inspected regularly by a qualified engineer

Owner must repair dam to bring up to modern safety standards

Office of Dam Safety can fine owners or order them to take certain steps

1. The owner makes the decision to remove a dam. The owner can decide how much input others have.

Public vs. Private

2. Others enjoy benefits of the dam 2. Many others may enjoy benefits of the dam.

Bought property for pond view

Likes to watch birds by the water

Takes pond water to irrigate orchard for farm stand

Takes pond water for lawn irrigation

Has a small dock

2. Inform early and often

• Identify who will be affected by the project before starting

• Be open and honest about decision process

• Be clear whether you’re asking for input or informing them

• Expect affected people to be angry and upset

• Take their concerns and questions seriously

• Update frequently

• Ideally, dam owner takes the lead

3. Dam removal myths are widespread

What people fear

3. Counter myths with real-life examples

3 months later….

Eel River, Plymouth, April 2010

Photo by A. Hackman

Eel River, four months later

Photo by A. Hackman

Wapping Road Dam, Jones River

5. Change is hard

• What will happen to the wildlife (Swans? ducks? Turtles? River otters? Blue herons?)

• Why won’t the state take over the dam?

• I bought my property because of the pond. Isn’t the dam owner responsible for maintaining the pond?

• Will breaching the dam cause a big rush of water?

• What will happen to my well?

• Will invasive plants colonize the new floodplain?

• Will I still be able to paddle on the river?

• I am afraid my property value will go down. What are you going to do about it?

• The dam is historic; it should be preserved.

• Can DEP permit dam removal?

5. Some concerns may be addressed through data

5. It’s important to have a response for all questions

5. Consider alternate communication formats

5. Consider • Breakout groups • Kitchen table meetings • Field tours • Neighborhood

meetings

6. Different organizations have different strengths (and weaknesses)

Technical Information

Forum for community education

Advocate for project

Interact with legislators

Know local politics

Watershed Group

x x x x x

Regional NGO

x x x

State Agency

x

Dam owner x x x Federal agency

x

6. Your outreach team must be able to cover all these bases.

7. Political factors can influence a dam removal decision and project implementation

7. Develop a proactive strategy for working with elected officials, influential community members

8. There is a formal process for public engagement

Permit Method

Notice of Intent Notification to abutters; hearing at Con Comm meeting

401 Water Quality Cert. Notice in local paper of comment period; hearing at discretion of agency

Chapter 91 Dredge Permit Mail plans to abutters; notice in paper of comment period

Army Corps 404 Comment period noticed on website

Section 106 Solicit input at public meetings. May require hearing at Historic District Commission.

9. Funders may (or may not) be comfortable with controversy

Your Community Engagement Strategy • Dam owner must be on board • Put together an advisory team and develop

communications plan • Communicate early and often with affected stakeholders;

expect anger; let people vent; validate concerns • Be clear about who is making the dam removal decision

and whether input into that decision is needed • Begin public education about dams well before project

starts (presentations, field tours, FAQs) • Need strategy for managing politics (elected officials;

influential people in town; etc). Inform and update often.

• Think about who is the best person to carry the message • Be flexible

Thank you!

Beth Lambert

River Restoration Program Coordinator

Division of Ecological Restoration

617-626-1526

beth.lambert@state.ma.us