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Chop and Drop River Project Land Dispute

March 08, 2010 - NEWRY -- A grant-funded “chop and drop” erosion control project in Newry a year ago dropped some trees on to the wrong property, setting off a dispute with a landowner.


Former selectman Steve Wight will now act as intermediary to arrange mitigation work.


The cutting in question, carried out by Fiddlehead Environmental Consulting and Caribou Springs LLC, is intended to control erosion for about a half mile along Branch and Chase Hill brooks in the Bear River Valley.


The unchecked erosion had been impacting bridges downstream on the Branch Road, according to Fiddlehead’s Jeff Stern.


Chop and drop is a technique in which small trees are cut at strategic intervals to fall into and across a brook. They catch sediment, and also provide habitat for brook trout, Stern told selectmen Tuesday.


Stern had obtained permission to cut trees on Cliff Akers’ property, he said, and to have them fall across the brook onto another parcel.


But subcontractor Jay Milot of Caribou Springs inadvertently also cut trees on Candlewood Acres, a subdivision next to Akers’ land, and they fell across the brook on to two additional properties, owned by Peter Dorfman and by Bob Stewart.


Permission had not been obtained for the trees to land on either of these properties.


Milot later removed trees that were obscuring a swimming hole near Dorfman’s property.


He also told selectmen that if any remuneration is needed for the cutting on Candlewood Acres, he would take full responsibility.


But yet to be settled is the case of trees falling onto property owned by Stewart.


(Stewart, of Cumberland, is a philanthropist who gave 500 acres of his property on the summit of Puzzle Mountain, including what is now part of the Grafton Loop Trail, to the Mahoosuc Land Trust.)


In a February e-mail to then-selectman Wight, Stewart wrote that “in excess of 100 trees were cut along the opposite shore to my land, most of which landed on my land and ruined a path I had along the shore, as well as totally ruined a beautiful brook.”


On Tuesday, however, Milot said, “I think there’s very little up there actually on his property.”


He said he had had several conversations with Stewart about a solution, and had visited the site again. But, he said, “the last conversation didn’t go very well.”


Mitigation request


Wight said Stewart wants the tops of the offending trees cut so he may once again walk the path. But he does not want anyone to enter the brook to do the work, Wight said.


Wight said he will plan to meet with all the parties involved and walk the site, in order to work out an agreement.


As for the property on which trees were mistakenly cut, Stern said he has tried several times to contact the owner, with no response.


The property is a subdivision known as Candlewood Acres.


Selectmen said they also want to try to make contact, to make sure the matter is settled cleanly.


An effective technique


In the larger picture, chop and drop is becoming a popular, cost-effective technique nationwide for providing fish habitat and prevent erosion and flooding, Milot told the selectmen.


The increased habitat has led to a growth in fish populations, he said.


“Penny for penny, especially with climate change, the upper watersheds are getting very, very serious attention,” he said. “The numbers we’re getting out of some these projects are upwards of a 200 to 300 percent increase in biomass, and that’s just for the fisheries.”


He said such projects are also holding back flood flow, protecting downstream municipal infrastructure.


“In some streams, we no longer have ice jams come down,” said Milot. “Ice is being held in the upper watershed. The wood is being held.”


As a result, there are fewer jams in culverts downstream and less bridge damage, he said.


“For what it costs per linear foot, it’s the cheapest technique to restore sediment storage and habitat,” said Milot.


He said Maine and New Hampshire have hired him to do projects on five and six miles of streams, respectively, this year.


by Alison Aloisio, March 8, 2010, Bethel Citizen

Lakes:
Regions: Sebago


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