On April 4, the Rochester Conservation Commission, along with members of the Rochester Soil Board and the Town’s attorney Blair Bailey, reached a compromise with Decas Cranberry Corporation, represented by Attorney Adam Brodsky and engineer Brian Grady for work related to the construction of a tailwater pond.
This was the culmination of meetings that have taken place since January on the heels of the commission suspending excavation work due to non-compliance of depth.
After months, the commissioners reviewed a list of additional special conditions drafted by Brodsky geared to satisfy concerns related to repairs to the pond and surrounding slopes and the need to shut down the dewatering pumps that residents believe have had a negative impact on Snow’s Pond.
Brodsky read the eight-point list to another packed house as the hearing began at the Council on Aging building.
Special conditions penned by Brodsky in agreement with Decas management were: 1) work on the pond would commence utilizing the most recent plan, and (as added by the commissioners) the town’s hydrologist, Peter Newton of Bristol Engineering Advisors, would study soils being returned to the pond’s bottom to ensure it is the appropriate mixture; 2) complete the repairs and all associated work on the pond as quickly as possible and (another request by the commissioners) that Grady would oversee all activities at the site until complete; 3) vehicles used within the hole will contain bio-fluids; 4) two groundwater monitoring wells will be dug and Newton will study data produced from the wells at the expense of Decas; 5) Newton will establish water baselines providing horizontal and vertical survey results to be paid by Decas; 6) prior to the shut-down of dewatering pumps, Newton will report water level elevations; 7) post shut-down, a schedule of monitoring will be established that will include a study of the impact of the tailwater pond on Snow’s Pond, and continue for a period of one year to be funded by Decas; and 8) Decas will deposit a sum of $25,000 into the town’s peer review fund.
After hearing the list offered by Brodsky, the commission also asked that a spill kit be on site in the event of fuel oil spills and that an emergency containment system be in place for the dewatering pumps until they are removed.
During the course of his presentation, Brodsky said that once all the necessary agreements were in place, returning soils to the pond would take about four or five days.
A study prepared by Newton dated March 20 was part of a handout supplied prior to the meeting. In his report Newton noted, “Restoration of the tailwater pond base elevation to 38 feet is not likely to have any long-term effect, either positive or negative, on the local or regional hydrogeology and water sources…and that, …should dewatering activities cease it is likely that water levels within the aquifer will recover to ambient conditions within a few months, though not fully until precipitation returns.”
Also coming before the commission was Michael Camara of Zero Waste to discuss his request for a permit extension for property located at 50 Cranberry Highway that would allow his company to complete repairs to the waste management facility after a May 2017 fire caused extensive damage to the buildings.
Bob Peterson of Green Seal Environmental said that erosion controls had been put in place but had deteriorated over time, had been replaced and or repaired, and that additional stormwater management systems have been or will shortly be improved.
When asked how long it would take Camara to complete the repairs, he said, “I’ve invested $12 million in this project,” but had faced some financing difficulties. He confirmed that he was finalizing a new financing source and hoped to have a September start date. The commissioners approved a two-year extension.
Also coming before the commission were: David Baillargeon, 698 Walnut Plain Road, with a Request for Determination of Applicability for the construction of a patio, receiving a Negative Determination; Steve Long of Borrego Solar Systems, 453 Rounseville Road, to confirm wetlands borders, was continued until the commissioners visit the site; and Paul Estrella, 79 Bradford Lane, for the construction of an accessory building. Estrella received an Order of Conditions for this Notice of Intent application.
The next meeting of the Rochester Conservation Commission is scheduled for April 18 at 7:00 pm in the meeting room at the Council on Aging building located at 67 Dexter Lane.
By Marilou Newell