DEP denies fairgrounds permit

OXFORD — The Department of Environmental Protection (DEP) has denied an after-the-fact permit application to clear wetlands from the Oxford County Fairgrounds.

The DEP has ordered that approximately 15,000 square feet of wetlands must be restored, several months after the land was clear-cut in preparation for the Nateva music festival held on the fairgrounds.

In a letter to Suzanne Grover, president of the Oxford County Agricultural Society (OCAS), DEP Project Manager Eric Ham wrote that "the Department has concluded that the proposed wetland alteration is unreasonable and is denying that portion of the application."

In June, casino investment group Black Bear Entertainment (BBE), Suzanne and Rupert Grover, the OCAS, and McGee Construction were all named in DEP citations, which charged that the group had illegally cleared wetlands, failed to install proper erosion control systems, and built a bridge connecting the fairgrounds to property owned by the Grovers, all without receiving proper permitting.

Ham said that the outcome to their after-the-fact permit applications have resulted in "partial approval, partial denial."  An erosion control system that was designed by E.S. Coffin Engineering has been approved, and "meets our standards."

Coffin had already presented an adequate wetlands-restoration plan for much of the wetlands that had been destroyed, but had asked the DEP to sanction the destruction of a 14,870 square-foot pocket of wetlands on the hill overlooking the fairgrounds.

According to DEP documents, "their application stated that it requires more space for a midway expansion, camping area, parking, fair events, and new horse and cow barns."

However, the DEP found that "the applicant failed to offer convincing evidence that the wetland alteration cannot be avoided by utilizing other available upland locations on the project site." 

The DEP ruled that approving the destruction of the wetlands "would constitute an unreasonable impact to the freshwater wetland," and would "unreasonably harm" the area "in that the wetland alteration could be avoided by utilizing available upland area to accomplish the proposed project goal."

The bridge, which crosses a small stream that feeds the fire pond on Pottle Road, was approved on July 8, according to DEP documents.

A vegetative buffer that will be created to help erosion control efforts must be mandated through the use of deed restrictions on all three pieces of property involved in the dispute (OCAS, BBE, and the Grovers).

After the ruling, E.S. Coffin submitted a restoration plan for the wetlands.

Ham said that it is likely that a yet-to-be-drafted consent agreement will include fines.

A consent agreement is a voluntary arrangement between the DEP and the offending parties. If the consent agreement was not signed, then the matter would be resolved by the courts.

DEP enforcement officer Colin Clark has said in the past that the fines can range from $100 per day to $1,000 per day. He said in July that fines would “certainly be in the thousands,” and he would not rule out tens of thousands of dollars.

"I'm sure we probably will pursue a consent agreement," said Ham. "I know Colin Clark has been working very hard on it."

Clearcut Photo:

TO BE RESTORED -- A small patch of wetlands on the Oxford County fairgrounds must be restored, says the DEP.