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Oxford Residents and Maine DEP Upset by Fairgrounds Runoff

July 29, 2010 - OXFORD -- A lack of adequate erosion controls at the Oxford County Fairgrounds has resulted in environmental harm to at least three local waterways, as well as Maine DEP citations against five different local parties, including local business leaders Rupert and Suzanne Grover, McGee Construction, and Black Bear Entertainment, the company seeking to bring a casino to Oxford County.

The problems stem from a sixteen-acre area of exposed soil that was created to accommodate campers during the Nateva Festival.

Improper erosion control has caused sediment from this area to cloud the waters of Coldwater Brook, the old fire pond on Pottle Road, and various other ponds and streams on the property of local residents.


Muddy Waters


Rob Henderson says that the pond on his property, which is located about a half mile from the fairgrounds, used to be clean enough to swim and fish in.

“Where the brook fed the pond, it was so clear that you could open your mouth and your eyes underwater,” he said.

That's changed since McGee Construction began clearing fairground land for the Nateva Festival.

“I wouldn't even dream of doing that today,” said Henderson.

He says that he and his family used to swim in the pond every day when the weather was hot, but now, the chocolate-brown water prevents him from entering the water.

“I wouldn't let my son's dog into the pond,” said Henderson. “It's not fit for an animal right now.”

Henderson, who has lived on the property for over 50 years, says that he's never seen the water get as clouded as it has been this summer.

“Even from a long distance away, it looks like a mud pond now.” he says.

Henderson and other residents say that every rain this summer has turned local ponds and brooks brown with mud.

The old fire pond on Pottle Road hosted ducks last summer, but area residents say they have not seen that familiar sight this year.

“Last year I saw kids fishing at the outlet of that pond,” said Henderson. “I haven't seen anyone there at all this year.”

Henderson says that the problem extends to water owned by various neighbors and community members, and then on to the Little Androscoggin.

Heavy concentrations of fine sediment can impede the ability of fish and water bugs to breathe in the water, according to the DEP. The sediment accumulates on the gills of the fish and bugs, which prevents them from taking in enough oxygen to survive.

State wildlife agencies say that clear ponds produce several times the amount of fish as turbid ponds.

“There used to be plenty of small trout in this brook, but I don't know how they've survived in something like that,” said Henderson.

I'm not a biologist,” he added. “But it's definitely not good.”



Community Response

Henderson says that his first reaction to the problem was to call Suzanne Grover. Grover owns part of the property that was developed for the Nateva Festival, and she is also a part of the Oxford County Agricultural Society, Black Bear Realty, and Black Bear Entertainment, all of which have been cited by the DEP for environmental problems on the site.

“I called Suzanne Grover and asked her if anything was going on up there because of all the silt, and she acted surprised that there was a problem,” said Henderson.

Henderson said that he wasn't satisfied with the conversation with Grover, and so he then contacted Rodney Smith, Oxford's code enforcement officer.

“She said she was busy because she was getting her hair done, so I said okay, and that's when I called Rodney,” said Henderson. “He had already heard some other complaints.”

Smith, Grover, Steve McGee of McGee Construction, and other affected parties eventually sat down with representatives from the Maine DEP.

DEP agent Colin Clark says that citations have been issued for failing to get three different permits, including a permit for erosion control.

Ever since first visiting the site in May, Clark says that he's been trying to get adequate erosion controls put into place on the fairgrounds.



The Fairgrounds


There are three areas of concern at the Oxford County Fairgrounds. The first is a bridge that spans a brook separating the fairgrounds from the personal property of the Grovers. The bridge was erected without a permit.

The second is a 15,000-square-foot area on a hill at the rear of the fairgrounds. The depression in the hillside used to be a wetlands, but the area was cleared, again without a permit, which damaged or destroyed the wetland habitat.

The third concern is the 16 acres of exposed soil, which is supplying most of the sediment that is being dumped into the waterways. The law requires that a storm-water permit be obtained if more than one acre of soil is exposed by human activity.

The affected area is mostly surrounded by a silt barrier, which consists of a tall strip of tough plastic held in place by stakes. A properly installed silt barrier will hold back water and allow the sediment to settle in the contained area.

But Clark says that the silt barrier on the site is not adequate. There are areas where the silt barrier has been buried by sediment, and Clark says that, in one section, no barrier at all has been erected.
In other areas, there are wide spaces in the surface that used to be filled by soil.

“I just can't imagine where all the dirt goes,” said Henderson. “I can't imagine how much it would be. It would be dump truckloads.”


Fixing the Problem


Suzanne Grover says that the issue has been settled.

“It's all been taken care of,” said Grover on Wednesday. Grover referred questions to Larry Coffin, a representative for Mrs. Grover.

Coffin said that the group has been working hard to bring the area into compliance.

“I'll have someone out there tomorrow to fix [the silt barriers],” he said. “We're out there every two weeks and upgrading everything.”

Coffin said that the longterm fix to the problem is a filtration pond and a sediment pond, but that they need permission to build those systems from the DEP. Coffin says that an application with the DEP is pending.

Right now, every rain causes more sediment to be washed into Coldwater Brook and the other waterways.

“They've actually been lucky, in that it's been a relatively dry season,” said Clark.

Clark says that there has been improvement in the efforts at erosion control, but that the improvement has not brought the property into compliance.

“We're just not getting as good of a response as I would hope to get,” said Clark. “They need to stop the environmental degradation from happening.”

Since first making contact with fairground property owners in May, Clark says that he has repeatedly informed them that the erosion control systems in place are not working.

“They knew what they needed,” he said. “It just wasn't being taken care of.”

Clark says that the slowness of the response from the involved parties will come into play when fines are levied.

“The way I look at these cases, what they do from the point at which I show up plays a part in how the enforcement will go,” says Clark. “When you respond and get on resolving the problem right away, that shows good faith.”

“They need to shore up their erosion control and tighten that up, now,” said Clark.


Drinking Water


One potential issue arising from the sediment is the fact that the fire pond and Coldwater Brook sit atop the aquifer that supplies the Norway Water Department well.

John Hopeck, a a hydrogeologist with the DEP, says that it is possible that the sediment could enter the town's drinking supply.

“Hypothetically, there's a chance that the sediment would wind up in the town's water supply,” said Hopeck.

Hopeck says that in most, but not all, cases, the sediment would be filtered out by the layers that lay between the surface water and the aquifer. The smaller the pores in the materials, the greater the effect of the natural filtration.

“Course gravel would not be as effective a filter as sand,” said Hopeck.

“If it's just basic topsoil washing in, it's going to have a much greater adverse impact on the surface water than it will on the groundwater,” said Hopeck.

However, there could also be an impact on the aquifer depending on the composition of the soil.

“Depending on what's in the soil, you could have some components in the soil that get dissolved in the water, and that might be an issue,” said Hopeck.

David Braley, a Senior Geologist for the Department of Health and Human Services, says that, in most cases, fine sediment will be filtered out of the water by the time it enters the town's water supply.

“Without any chemical contaminants, the risk would be relatively low,” said Braley. “I would be more concerned about petroleum products or pesticides, things of that nature.”

Hopeck also said that a very large well, like a public water system, has the potential to draw water down quickly from the surface, which makes it a more likely conductor of undesirable contaminants.

Ryan Lippincott, the Superintendent of Water for Norway and Oxford, says that the location of the problem makes the risk to Norway water users even more remote.

“The sediment will stay mostly at the top,” he says. “I have to figure the fish have taken a beating, but we're quite a ways away from that. It's on the very edge of our aquifer area, and it runs away from us.”


Enforcement


The DEP has cited a variety of parties in connection with the erosion control issues and other environmental violations on the site. McGee Construction, which actually performed the work; the Grovers, who own adjacent property that was used during the festival; the Oxford County Agricultural Society, which owns most of the property; Black Bear Realty Company, which owns a portion of the fairgrounds; and Black Bear Entertainment, the group which is seeking to bring a casino in Oxford Count were all notified of environmental violations. When Suzanne Grover signed the construction contract with McGee, the DEP says she was acting as a representative of Black Bear Entertainment.

Under Maine law, anyone involved in “filling, displacing or exposing soil...shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site.”

In addition, the “erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized,” according to Maine statutes on pollution control.

Clark said that court fines for these violations can run from $100 per day to $10,000 per day.

The DEP is in the process of drafting a consent agreement that will function as an out-of-court settlement for the transgressors.

Clark said that it's too early to say what the eventual price tag could be, but that it would “certainly be in the thousands,” and he would not rule out tens of thousands of dollars.

Calls to Steve McGee and Black Bear Entertainment were not returned before press time.


by Matt Hongoltz-Hetling, Advertiser Democrat, July 29, 2010

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