CHELSEA

September 9, 2010

Drainage violations' cost unclear

By Mechele Cooper mcooper@centralmaine.com
Staff Writer

CHELSEA -- Residents at a meeting Wednesday wanted to know how much it will cost to settle violations the town faces from the Department of Environmental Protection.

click image to enlarge

Jim Coffin, vice president of E.S. Coffin Engineering and Surveying, Inc., talks about a Natural Resources Protection Act permit application during an informational meeting Wednesday night at the Chelsea Town Office.

Staff photo by Joe Phelan

Jim Coffin of E.S. Coffin Engineering & Surveying Inc. in Chelsea called the meeting to present a strategy for the wetlands, which were drained during a culvert project that intended to stop the road from flooding.

The Maine Department of Environmental Protection put sanctions on the town for the work in December 2009.

The agency said the town and its contractor, Marshall Swan, drained "a wetland of special significance" and a "significant waterfowl and wading bird habitat," and did the work without state permits.

The plan to restore the wetlands and bird habitat will be part of the town's after-the-fact permit application for a Natural Resource Protection Act Permit, which is needed to fix the wetland.

Coffin said the town would have had to pay his engineering fee, which he would not discuss at the meeting, and DEP's permitting fees if Swan had applied for state permits as he should have done in the beginning.

"We still have to contend with compensation," said Rick Danforth, resident and former selectman. "Where is that money coming from?"

Susan Sargent, a resident, said it wasn't fair to ask Coffin that question, and instead put it to the three selectmen who attended the meeting.

Carole Swan, the Selectboard chairman and wife of Marshall Swan, said there would be a meeting after everything is completed to explain what was done and the cost.

"I don't think that's an acceptable answer," Sargent said. "The meeting and the answers have to happen now. Where is the money coming from to pay for it and again who is going to pay for it? Marshall and Carole Swan?"

When selectmen remained silent, Sargent said "That is not very responsible leadership."

About 25 people showed up for the meeting to discuss the application for the Natural Resource Protection Act permit. Coffin said DEP has up to 90 days to act on once it has been submitted.

He said the after-the-fact permit fee is doubled, and there is a compensation fee associated with the restoration plan.

"We won't know until we make the (permit application) submission and then they will do a calculation and say we need a check in this amount," Coffin said. "That should be done in the next few weeks."

With the help of a topographical map, Coffin showed how a hole in an earthen berm where water flowed from wetlands would be plugged. He said that would be done within the next two weeks.

Coffin said he doubts that berm resulted from the work Marshall Swan did on the road.

"If Marshall had opened that up, he would have been working in a wet area," Coffin said.

Coffin said an abutter added to the problem when he removed a culvert beneath his driveway. That culvert must be replaced, he said.

"The town is not responsible for that culvert, the owner's responsible," Coffin said.

He said the landowner has been working with DEP to replace the culvert and has been "very agreeable."

Steve Chicoine, who has lived on the Windsor Road since 1978, couldn't understand why that area was declared a bird habitat and wetlands.

"That wasn't ever a wetland," Chicoine said. "They used to bush hog it and everyone rode their ATVs and dirt bikes there. I don't know how it came to be a wetland."

Coffin told Chicoine that DEP mapped it as such and the Department of Inland Fisheries & Wildlife said the wetlands and bird habitat must be re-established.

Mechele Cooper -- 623-3811, ext. 408

mcooper@centralmaine.com

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