Chester Vermont

Below is the actual email from Amy O'Neil to the town managers, dated 10/22. Last night 11/2 details were in contrast to what was written. The O'Neils are attempting to get another bite of the apple...

From: Amy O'Neil

To: David Pisha ; Richard Svec - Cavendish Town Manager

Sent: Saturday, October 22, 2011 5:30 PM

Subject: OSG pit

Hi David & Rich,

Mike and I are seriously contemplating filing an ACT 250 permit to extend operations in the pit beyond the time (whatever it may be) extended by ANR due to the Irene disaster. We hope to continue to have a source of gravel and construction aggregate for the needs of the Towns of Chester and Cavendish.

The biggest issue with gravel extraction at that site is the condition that "noise levels from all aspects of operations occurring on the site shall be no louder than barely audible at the school buildings and areas used for outdoor recreation and education". In testimony previously presented to the Environmental Court the school maintained that ALL areas on school property should meet the barely audible threshold. This resulted in the environmental courts denial of our application on the grounds that some operations would exceed the barely audible threshold.

We would submit a new application for amendment with operations not exceeding our original permit. Those operations would limit gravel extraction to 50,000 CY/year, use of a crusher limited to six times per year, use of a hydraulic hammer to two times per year and operations limited to April 15-December 15. We would ask for drilling and blasting but no more than six blasts per year during times when school is not in session. In addition, we will make the argument that conditions caused by TS Irene have impacted the area to such an extent that the need for aggregate in the local area likely outweighs the need for a condition of "barely audible at ALL school locations".

We have walked the school property while two crushers were operating simultaneously with a loader and an excavator AND there was an excess of 180 one-way truck trips per day. We have determined that operations were INAUDIBLE on the walking paths, all playing fields and at the school buildings. Operations are barely audible in the student parking lot. Operations are audible in heavily wooded locations near the property line that do not appear to be currently used at all by educational activities or recreation. We have invited members of the board to walk the school property now while operations are still allowed in order to verify our findings. We do not intend to hire any more sound experts or commission any additional sound modeling.

In order to make a decision about whether we should go forward seeking a permit we intend to approach the school board during a meeting properly warned with O'Neil Sand & Gravel on the agenda and let the board know what our intensions are. Given this new information we will ask the board if they feel they can support some level of aggregate extraction. If they indicate they can, we will proceed. If they appear to oppose any extraction we will not proceed.

Before we approach the board it will be helpful to have a statement from both of you about the importance to the Towns of Chester and Cavendish of the particular source of gravel at OSG. Specifically how important it is and has been to the recovery efforts from Irene and to future town needs. Would you be willing to write a statement in your own words, including whatever information you think helpful as to how important the source is?

The next school board meeting is November 10. If you have any questions, please give me a call.



Amy

Editor's Note: I have been assured by Ms. Chase that the contents of the above letter have not been altered in any way and were copied and pasted from a forwarded email from the Town of Chester.

That is, in fact, my complete email. Thank you, Ms. Chase for taking the time to share. Any future application plans are still being developed. Your input and dialogue is greatly appreciated.

Good Luck to the O'Neils. Almost ALL businesses should be encouraged by the town of Chester. If you haven't noticed, there is almost no opportunities for the younger generations. I don't know what specific population statistics show, but I do know that G.M. used to be a D-II school in the '70s with graduating classes near 100. When I graduated in '02, we had 67. I believe '11 was 55. No opportunities for work means no opportunities for life. Just a fact.

It would be interesting to know how many thousands of dollars in diesel fuel and labor were saved fixing the damage caused by Tropical Storm Irene, by using local pits like the O'Neils. I know of at least 5 or 6 pits that were allowed to open to fix the damage and, without them, we would have been in a real bad situation in Southern Vermont. I applaud the Chester Selectboard for standing behind the O'Neils and would hope the GMUHS School Board would do the same, as they try for a new permit. The O'Neils are good people who run a good business in Chester, and provide good paying jobs for local people. It sounds like they are trying to be as accommodating as they can be to make this work.

This issue was settled through the lengthy, costly and legal process that ended in the Environmental Commission ruling denying the O'Neils' permit. You can read about the case on my town website, which dealt in-depth with the subject as I had party status in the Act 250 hearings.

http://www.ourchester.org/act_250.html

Such an operation clearly has no business in Chester, especially next to the town's most valuable piece of property.