Oak Swamp dam repairs set to start

On Sept. 14, Johnston will begin to physically address longstanding infrastructure issues with town-owned dams as much-needed repairs get under way at Oak Swamp Reservoir.

“If that dam ever ruptures, it could really kill people because it’s so close to homes,” Mayor Joseph Polisena said of conditions at Oak Swamp. “God forbid if that dam ever breaches, people are going to die.”

Lakeside residents of Oak Swamp and homeowners in the surrounding area convened at the Johnston Senior Center on Aug. 5 after receiving notification of a meeting by mail. There, enduring concerns about the condition of the lake’s dam were addressed while information was presented about upcoming state-mandated repairs.

Attendees met with Polisena, Town Council Vice President Stephanie Manzi, Department of Public Works Director Arnold Vecchione, Town Engineer Phil Mancini, zoning official Ben Nascenzi, and engineers from DiPrete Engineering, which will conduct the Oak Swamp dam repair work.

“We had about 200 people that came to the meeting, and basically what I explained to them is that it’s considered a high-hazard dam,” Polisena said. “It was given to us 50 to 100 years ago, and we should have never taken it, but it is what it is and we own it and we have to be responsible.”

Rhode Island general laws mandate that dam owners are responsible for their safe operation, and are liable for the consequences of accidents or failures. According to statutes, dam owners are required to use “reasonable care” operating and maintaining a dam, including the proper maintenance, repair and rehabilitation of the structure to prevent failure.

The Department of Environmental Management (DEM) performs compliance-monitoring inspections, investigates citizen complaints relating to the state’s dams, and issues notices of dam violations. According to the DEM’s 2014 annual report to the governor on the activities of their dam safety program, there are 668 inventoried dams in Rhode Island, and 23 are located in Johnston.

Inventoried dams are classified by their hazard potential, which relates to the probable consequences of the failure or misoperation of the dam; it does not relate to the current condition or the likelihood of failure of the dam.

Five of Johnston’s dams are classified as high-hazard dams where failure or misoperation will result in probable loss of human life. Five more are designated as significant hazards, meaning failure would result in no probable loss of human life but can cause major economic loss, disruption of lifeline facilities, or impact the public’s health and safety.

The remaining 13 dams are low hazard – dams where failure would result in no probable loss of human life and low economic losses.

The town of Johnston owns four of the five high-hazard classified dams – Oak Swamp, Almy, Simmons Upper and the Simmons Lower. The fifth, Hughesdale Upper dam, is privately owned by Jeannette Fontaine of the Fontaine Living Trust and is located off of Central Avenue.

Hazard designations can change over time based on a dam’s integrity and changing conditions downstream, such as residential or commercial development. Ten years ago, only Almy dam was considered a significant hazard. The town’s three other dams were then classified as low hazard.

All five high-hazard dams, the four town dams and Hughesdale Upper dam, however, continued in 2014 to earn the DEM’s unsafe designation as dams whose condition are such that an unreasonable risk of failure exists.

Almy dam first earned the unsafe designation in 2008. Oak Swamp dam was designated unsafe in 2009, and Simmons Upper and Simmons Lower dams have been classified as unsafe since 2010. The privately owned Hughesdale dam was deemed unsafe in 2013, according to DEM reports.

“A couple of years ago, we were cited for the four dams in the town that are high hazard,” Polisena said. “We kept getting notices of the violations, but we didn’t have the money.”

The town was issued a “notice of violation and orders” (NOV) for all four of its dams in 2010, which identified the unsafe conditions recorded at each site and required the town make the dams safe. Officials requested a hearing on the NOV, and entered into a consent agreement with DEM in 2013 to resolve the violations. That agreement provides a schedule to return the dams to a safe condition, and the town has since continued to work toward compliance.

A NOV was also issued to Jeannette Fontaine, of the Fontaine Living Trust, for unsafe conditions in 2012. The owner requested a hearing on the NOV, which is in process, and is also investigating the cost to correct the unsafe conditions.

“It’s really in the best interests for the residents of the town that we do this. Because it’s a high-hazard dam, there is a significant safety concern, and this was something that was a long time coming,” said Manzi, who represents the Oak Swamp area. “This is the first one that we are doing, and we have several that need attention, but this dam was given high priority.”

Oak Swamp, which is easily viewed off of Hartford Avenue in the western part of town, is held by an L-shaped earthen and stone dam that runs parallel to Reservoir Avenue and along Shore Drive. More than 50 homes line the lake, as does the YMCA’s Camp Massasoit.

The lake received the unsafe designation due to excessive vegetation growth on and around the dam, severe embankment erosion, a fair to poor spillway condition, and the determination that its low-level outlet was inoperable.

In 2009, DEM required the town to cut or remove all brush, low-growing ground cover and dense vegetation on all areas of the Oak Swamp dam for safety and so the DEM could complete a visible inspection. That work was completed by the town the same year. The remaining repairs will be tackled with this year’s project.

“We’ve been working with DEM, and they’ve been very, very accommodating,” Polisena said. “They told us whatever they need from us, they’re expediting our permits. We meet with them every couple of weeks and they give a progress report, or if we need their help with anything or their guidance.”

Polisena added that the town began fiscally addressing the issue about a year and a half ago, and was told all dam repairs shouldn’t cost any more than $1.4 million.

“We agreed to put X amount of dollars away per year for seven years, so it’s $200,000 this year,” Polisena said of the work. “We do have the budget to complete the job, absolutely. We were very fortunate that we got some grant money through [state] Rep. [Steven] Ucci. I can basically guarantee it’ll be fixed, and it’s going to be fixed the right way, we’re not going to gaff it.”

Draining of Oak Swamp will begin on Sept. 14 and occur at a rate of three inches per day. Water will flow downstream to Almy Reservoir, on to Hughesdale Pond, and into the Pocasset River before exiting to Narragansett Bay via the Pawtuxet River. Work on the new dam gatehouse should be completed by November, according to Polisena.

The waters of Oak Swamp were given top billing in the state in 2010 and classified as “category one” – water considered non-threatening which fully supports both recreational use and fish consumption. It is the only body of water to receive the designation. Timing on refilling the lake is dependent upon rain, snow, and lake springs, and may take several months.

Polisena has also advised lakefront residents to form an association to act as a liaison with the town for future concerns.

Both Polisena and Manzi see the lake’s draining as an opportunity for residents to make improvements on lake walls and docks.

“The reason I don’t want to open it up now is because there’s about two more weeks of recreational activity and summer is still here,” Polisena said. “What we’re going to do is drain the lake as far down as we can get it so we can work on the gatehouse and dam. Basically, we don’t know what we’re going to run into until we let the water down.”

“It’s a beautiful piece of property, and I believe residents should be able to use it to its fullest,” Manzi said of the lake. “There were concerns from some of the neighbors about the wildlife and the greenery nearby, but I hope the fish will be fine as there are deeper parts of the lake that will not get drained. It’s going to be a great nature project to watch.”

Lakeside residents are asked to remove any watercraft from the lake prior to Sept. 14.

Johnston and its dams have a dark past. On April 13, 1840, after heavy rains, the then privately-owned Simmons Upper earthen dam burst, caused a flood that destroyed the Simmons Lower dam, a mill, several homes and stores, and left 18 people dead.

“It’s a win-win,” Polisena said of the consent agreement with DEM and the scheduled repairs. “It’s a win for the town, and most importantly it’s a win for the residents. I don’t want anyone on my watch getting hurt or dying.”

Residents who were not at the Aug. 5 meeting but would like to be informed of the progress at Oak Swamp may contact the mayor’s office at 401-553-8800 to be placed on an informational contact list.