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Bethel Water District's Forest Management Assailed, Defended

February 20, 2010 - BETHEL -- Several letters submitted to the Maine Attorney General's Office continue to question a proposal to modify the Bingham trust deed that governs the BWD watershed.


One writer cites both the past track record of the BWD in managing the watershed’s forest, and alleged past political activity by BWD officials as reasons to deny the district's modification request.


Another letter, from the trustees of the philanthropic fund established by William Bingham II, argues that the trust deed remains viable.


Former selectman comments


In a December 2009 letter to the Maine Attorney General's office, former Bethel selectman Dutch Dresser expressed his concerns about the BWD's request to alter the Bingham trust deed to allow additional logging in its Newry watershed.


Dresser wrote, "There is substantial irony in this request for a reinterpretation of the Bingham Trust Deed. A reasonable case could be made that the land lost its value as a water source due to mismanagement by the very group which hopes to gain possession contrary to the expressed wishes of the deceased."


Questionable forestry management practices employed by the district not only could have been in violation of Mr. Bingham's wishes but could also have left the parcel vulnerable to the torrential rains which forever spoiled its usefulness as a grandfathered open water source.


Dresser did not cite specific examples of forestry mismanagement.


BWD erosion control


According to BWD Supt. Lucien Roberge, there has been no wood harvesting on the watershed land since 2002.


At that time, the harvesting focus shifted to the 111-acre watershed parcel that is located in Bethel. It is not part of the trust land.


"Our forester said the Bethel side was ready to be harvested,"Roberge said.


After logging ended on the Newry trust land, the logging roads there were typically stabilized with hay bales and berms each spring until the flood of 2007, he said.


In the time between, we had a couple of washouts, when we were having freaky rains. You can take all the precautions you want, but with the slopes that we have, when you have torrential rain, you're going to have erosion no matter what, unless you do a real road," he said.


Since the 2007 flood, there has been minimal road stabilization in Newry, Roberge said.


According to Brent Angevine, chairman of the Board of Trustees, they received recommendations after the flood to generally stay off the land and “let nature take its course for a time.


He also said the BWD follows erosion control measures outlined in its forestry management plan.


2002 inspection


In 2002 an area of trust land that had been harvested that year was inspected by the Maine Department of Environmental Protection.


The inspection followed an article in the Citizen reporting apparent erosion on logging roads and skidding trails, as well as discarded petroleum product containers.


Forestry studies have shown that the greatest percentage of sediment deposited in waterways as a result of timber harvest operations comes from logging roads.


The inspector concluded there were minor sedimentation issues, but no actual violations, and that operations on recent logging sites were satisfactory.


The Citizen noted then that petroleum containers observed earlier had been removed, and additional drainage channels dug.


The inspector made recommendations to improve drainage along the primary logging road and near a bridge.


A Maine Forestry Service forester on the inspection tour also said the logging operation was as good as most he had seen.


Another forest service representative said the activities did not affect the quality of the drinking water.


Much of the harvest done then was a salvage operation to clean up 1998 ice storm damage.


The BWD forester at the time said 90 percent of residual tree stands were destroyed in the storm.


Excessive harvesting?


As for the amount of wood cut in past years, information obtained by the Citizen in 2002 about harvesting during the 1990s showed that the average annual income was more than $10,000.


Taxes owed to Newry averaged approximately $2,000, a level of logging that would be an apparent violation of Bingham's stipulation.


The forest management plan in place from 1990 to 2009 also looks beyond simply harvesting enough to cover taxes.


It states that while the primary objective is the protection of the watershed, “additional objectives include managing the district's timber reserves through a series of commercial harvests in order to provide revenue to keep the district's utility rates at a reasonable level, plus provide monies for capital improvement projects.


The report also notes that hunting and snowmobiling were allowed on the parcel, with a permit.


New management plan


In July 2009, a new forest management/harvest plan was drawn up by forester Sherm Small because, Angevine said, it was overdue.


The harvesting objective: “to maintain a healthy forest to produce commercial forest products for harvest. In addition, the Water District recognizes the recreational uses and wildlife habitat the property offers and wishes to manage the property to enhance their value.


A section on recreational uses notes the wish of trustees to increase recreational opportunities, and notes existing truck and skid roads could form a base for a network of hiking, snowmobiling, snowshoeing and cross country skiing trails.


Asked about the implication of that wording for the trust, Angevine said, “Everything to do with the land is subject to the decision by the court.


Small also outlined plans for different sections of the watershed, recommending harvesting of ice storm damaged, diseased, and poorly formed trees, as well as mature ones.


He roughly estimated the total value of harvestable timber at $854,960, but noted the size and income from harvests “will be refined to meet the income criteria,” after the issue of the trust is settled.


BWD trustees said in September that if they received approval to expand harvesting, they might cut approximately $20,000 worth of wood a year.


That figure was arrived at, Angevine said, by dividing $854,960 by 40 years, a typical harvest cycle.


But Dresser's letter also said that he was told by a district trustee that there was $1 million in timber “to be taken from the parcel over several years. It would appear the district's interest is clear.


Politics


Dresser's letter also expresses concern about the overall functioning of the BWD:


"The Bethel Water District has been an instrument of political manipulation in the town for some time. While busy using water availability as a political tool, the district managed to fail to upgrade century old main structures under the river and failed to preserve the watershed in suitable condition to withstand the weather of the region that it might serve its intended use in perpetuity."


Dresser went on to say that "given Gov. Baldacci's disinterest in the property, its transfer to a different governmental entity or a land trust would seem to fulfill Mr. Bingham's intentions. It is surely the case that the governor, with his strong interest in land preservation, would want it to be clear to those who consider placing land in trust that deals will not be made at future times that will clearly overturn the intent of the terms under which such trusts are established."


Asked to provide examples of the past use of water as a political tool, Dresser said, “from my perspective as a selectman at the time, the Bethel Water District's leadership made it difficult for those trying to create the Victoria Station Project [in the early 1990s] by asserting for a time that infrastructure and supply couldn't be provided for water for the project.


"The move seemed highly political to me at the time. Ultimately, under pressure, the district reached agreement with the developers to provide water."


Asked to comment on the allegations in Dresser's letter, Angevine said, "the whole letter is a lot of uninformed generalities."


He said anyone interested in how the BWD does business should attend its monthly meetings on the third Tuesday.


Betterment Fund letter


Dresser's was one of several letters received by the AG's office regarding the watershed issue.


The Citizen requested and received copies of all of them.


Three, including Dresser's, objected to modifying the trust. The Mahoosuc Land Trust (see Feb. 4 Citizen) and the trustees of the Betterment Fund, established by Bingham, also wrote expressing concerns about modification.


The Betterment trustees wrote that they do not have legal status in the matter, but wished to offer their views "because of our familiarity with Mr. Bingham's philanthropy and intentions."


They said that changing the terms of a trust created for charitable purposes may be appropriate if the trust's purposes become impossible or impracticable to fulfill. Had Mr. Bingham's stated concerns been restricted to the water supply and not looked further, then ceasing the use of the tract as a water supply might require some intervention to apply its use beyond the terms of the document. The terms of Mr. Bingham's deed remain viable.


If no longer used for water, they said, "then public access to and use of the property for conservation and recreation in a manner consistent with the terms set forth in the deed are appropriate."


The only other letter received was a request from the MLT to meet with an AG official.


By Alison Aloisio, Bethel Citizen, February 20, 2010



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