Vermont Rail’s application for a stormwater permit
There will be a public hearing on Thursday, October 13, 2016 from 6PM until 8PM, Shelburne Town Hall to discuss Vermont Rail's application for a permit for stormwater discharges associated with their industrial activity.
It's called a Multisector General Permit (MSGP).
There are a few issues to be discussed that are important to know leading up to this meeting.
1) There is a contaminated plume at the site of the Vermont Rail project. After reviewing results of groundwater testing at Harbour Industries by engineering consultant (KAS, Inc.) the Nature Conservancy (TNC) discovered that three shallow wells showed PFOA in excess of the Department of Environmental Conservation (DEC) standards. KAS has recommended the installation of three additional wells which may include placement of a monitoring well on TNC's land. This will provide more detail on groundwater contamination toward and in the wetland. TNC has asked the DEC to analyze how the Vermont Railway transload facility affects the migration of subsurface contamination. The request also includes an analysis for any Barrett Trucking facility which may be built at the site.
2) On August 29, 2016, Peter Keibel, District #4 Coordinator, issued an Act 250 jurisdictional opinion (JO). It said that when Vermont Rail began work at the site in late December, 2015, some of the work was for Barrett Trucking, and therefore required an Act 250 permit. No preemption for Barrett Trucking means that not obtaining an Act 250 permit was an Act 250 violation even if Vermont Rail's subsequent activities are shielded by federal preemption.
3) Vermont Rail commenced tree cutting in December, 2015 under a plan of development for itself and Barrett Trucking, but later retracted the Barrett Trucking portion of the project. DEC gave oral permission for the tree cutting based on an inaccurate representation of ownership. TNC therefore wrote a letter on June 7, 2016 to the DEC regarding the tree cutting and asked for revocation of Vermont Rail's Construction General Permit (CGP).
4) Vermont Economic Development Authority (VEDA) approved a $1.4million loan to Barrett Trucking. Based on VEDA's disclosure, it appears that Barrett trucking intends to build a facility on Vermont Railway property, or perhaps purchase property from Vermont railway and build a facility. Under either scenario, it would be necessary to determine whether such a facility is the same or similar to those improvements which Vermont rail erroneously represented as its own on December 23, 2015 for its CPG permit.
In other words, Barrett Trucking was going to be part of the Vermont Rail project, then, when the issue was brought before Judge Sessions, to avoid having activities not preempted by federal law, Vermont Rail maintained that Barrett Trucking was not part of the project. Now it looks like Barrett trucking is going back to the site.
Hope to see you October 13th at the Shelburne Town Offices.
Crea Lintilhac
Jan 16, 2025, 8 to 9 AM
Flock to the Bobolink Project Cabin Fever LectureJan 16, 2025, 5:30 to 6:30 PM
Community Senior Center - Historical Society ProgramJan 21, 2025