Owners Of Johnson's Pond In Coventry Ordered To Stop Altering Dam Spillway

COVENTRY, RI — The Rhode Island Department of Environmental Management issued a cease and desist order to stop the owners of Johnson's Pond in Coventry from altering the dam spillway.

Soscia Holdings, which owns the pond, has argued the dam spillway is in need of emergency repairs and needs to lower the water levels to make fixes to several leaks, WPRI 12 reported Wednesday.

The cease and desist order comes about a week after a federal judge dismissed Soscia Holdings' lawsuit against the DEM after the department began enforcing a law requiring dam owners to get permits before raising or lowering a pond's water level.

Patrick Dougherty, the attorney representing Soscia Holdings, told WPRI 12 the DEM's priorities are "gravely misplaced."

"Soscia Holdings is committed to keeping dam safety at the forefront of any actions that are or will be taken," Dougherty told the television station. "My client will not let the safety of those downstream be damned in favor of recreation on the pond."

Soscia Holdings blames the town for the pond's maintenance, but Coventry Town Solicitor Stephen Angell said the company is responsible for the dam's current conditions.

"Since last spring, GZA (a preeminent, nationally acclaimed geotechnical, environmental and
water resources engineering firm) has worked with the town on a continuing basis to assess and
study the dam, spillway, gatehouse and all other attendant aspects of the dam," Angell said. "Principally, Chad Cox, P.E. (principal engineer), of GZA, who is nationally recognized for his hydrological and dam safety expertise, has led the town’s effort to assess the dam."

According to Cox, Soscia Holding's actions are "essentially breaching the dam."

"Depending on where Soscia chooses to do the demolition of 'portions' of the spillway, that would result in a permanent (until reconstructed) lowering of the pond, 2-to-3 feet if they take out the part of the spillway that is over the masonry apron on the right (looking downstream), but more (6 feet?) if they remove the portion on the left that appears to be directly on bedrock," Cox said.

The pond's dam and water flow rights were sold to Soscia Holding in 2020. Since the sale, the pond's water levels has created controversy between residents and Soscia holdings. About 700 residents live around Johnson's Pond.

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