HomeMy Public PortalAboutWater Quality Review Committee -- 2008-06-13 Minutes7r 5 , ~
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Minutes of June 13, 2008 Hearing
Attending Committee Members:
Vice Chairperson Nancy Ellis Ice, Bill Porter, Bill Henchy, Joanne Hughes, Chris Miller
(appointed alternate)
Attending Audience Members:
Cindy Grover, Jay Merchant, Mike Quatromoni, Dave Bennett, Jamie Veara
Item 1-Reorganize
Reorganization will be discussed when all committee members are present.
Item 2 -Minutes from 5/16/08 Meeting
Bill Henchy motioned to approve the 5/16/08 minutes. Joanne Hughes seconded. All voted in
favor.
Item 3 -Minutes from 4/1$/08 Meeting
Joanne Hughes motioned to approve 4/18/08 minutes. Bill Henchy seconded. All voted in
favor.
Item 4 -Representative from DEP Concerning 1515 Freeman's Way and Map 46 Lot 56
Freeman's Way
David Ellis and Bob Johnson from the DEP appeared before the committee as requested by the
WQRC.
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a. Bob Johnson recounted the history of Brewster Sand and Gravel as a stump dump
which the j3f?F' site assigned but not permitted. In 1990 this had to change. Grover was
the operator and the Viprenos would pursue application permitting. In 1993 the
relationship became strained and subsequently more "stuff' was found. Though the case
was appealed, the Attorney General's office declined to accept the case. However, the
DEP is confident that Merchant will handle the situation. Joanne Hughes stated that the
DEP works when there is cooperation but 10 years to resolve this issue? Bob Johnson
defended the DEP because participants were not delivering. David Ellis stated that
everything is out of their hands once in court system and Bob Johnson said the Attorney
General declined to accept case. David Bennett asked if the Board of Health was able
to shut down the operation. David Johnson responded that the Board of Health could
have shut down but rescinding a site assignment is difficult. Discussion then centered
on pursuing closing out the site assignment as both operated outside the limits and there
were now different criteria. David Bennett questioned if solid waste activity controls
mining regulation and who has the guidelines? Joanne Hughes motioned to require
business registration. Bill Henchy seconded. All voted in favor.
b. Bob Johnson said there is a similar scenario at Map 46 Lot 56 Freeman's Way which is
a site assigned parcel of land. There was a consent order in 2000 with the option to
excavate, cap, close or convert with the option to convert chosen. The 2002 compliance
amended the consent order but the appropriate information was not supplied and it fell
through DEP cracks. Inspections in began in March and the DEP determined there was
non-compliance and the best course of action will be determined. The site has
expanded from 2002 to 2007.
Item 5 -Discuss Legal Opinion for Danie/sJMA Property on Freeman's Way and 1515
Freeman's Way
Jamie Veara discussed the need to apply questioned bylaws to any mining. Though the
previous operator (Viprino) started to re-vegetate, he was stopped by the owner. The town has
the right to pursue the previous owner according to Jamie Veara but this may have
complications. Dave Bennett stated that Merchant only had knowledge in March as the property
was transferred without disclosure. Jay Merchant stated that Cindy Grover told about benzene
and arsenic well results available in two weeks. The Purchase and Sale agreement needs to be
reviewed according to Jamie Veara.
Item 6 -Final Plans for Cape Sand & Recycling at 1515 Freeman's Way
Prior to the presentation by Mike Quatromoni, Dave Bennett stated he had a conflict of interest
with Prime Engineering. Joanne Hughes said she would prefer comments not be held back.
The presentation showed where the deeds were recorded. Mike brought the application for
submission and described process for site and how it will be defined. David Bennett stated that
groundwater monitoring is part of application. There was additional discussion around well
testing. Dave Bennett also suggested that Jay Merchant look for date on any recovered
material. There are a total of 9 acres with 3.2 acres permitted. Jay Merchant requested an
alternative to posting additional financial assurance as he is financially strapped. He will get
receipts to Nancy Ice. David Bennett suggested postponing financial assurance discussion until
the information was digested. Chris Miller asked if the Water Quality Certificate can be issued
while there were on-going concerns. Bill Henchy motioned fora 90-day extension to Certificate
of Water Quality Compliance. Joanne Hughes seconded. All voted in favor. The date for the
hearing following the 90 extension will be September 5, 2008 at 10:00 am.
Item 7 -Discuss Draft WQRC Application
Jillian Douglas distributed a sample of the draft WQRC application. Dave Bennett felt that
several questions were redundant. Joanne Hughes suggested deferring the discussion until
everyone was present.
Item 8 -Discuss DCPC
There, will be a vote before the Barnstable County's legislature, the Assembly of Delegates, to
formally designate the Brewster Water Protection District of Critical Planning Concern (DCPC).
(Designation was made on July 2, 2008.)
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Chris Miller motioned to authorize Dave Bennett to review materials received including aerial
photographs prior to 1973. Bill Henchy seconded. All voted in favor.
Joanne Hughes motioned to have the next meeting on Friday, July 11, 2008 at 10:00 am. Chris
Miller seconded. All voted in favor.
Hearing was adjourned at 1:15 pm
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