Town Farm Logging Project Issues - Correspondence

 

9/8/2009 From DCR Forester Nick Anzuoni. Note that they are both denying the oil spills and any responsbility for them. The DCR Service Forestry branch had supervisory responsibilities for the project.

 

I am writing to you regarding your August 26, 2009 response. The so called “oil spills” [my empasis] you referred to are on Town roads in Conway and the logging operations were conducted by the Town of Conway. Please refer to the proper authorities that have jurisdiction in this matter as it does not involve DCR lands or an operator under contract to perform services on DCR lands. DCR allowed temporary use of its land for the purposes of storing logs waiting to be trucked to the mill. The equipment involved with this process operated on Town roads. The timber harvesting project planned for the state forest has been suspended at this time and the current forest cutting plan has expired. Future projects will involve public comment and a public site visit prior to any harvesting. Please feel free to submit comments at that time.

 

Here's a copy of the report showing 1360 ppm oil pollution at the landing.

 

7/30/08 Cover Up

Copy of email sent to State Service Forester on July 23, 2008 is below in italics . She went up there but was unable to find anything and is now on vacation. She has been in touch with me by phone. However, I went up with a neighbor on July 30, 2008 and we found multiple spills and tons of pollution. What I have learned from this is that folks responsible for these operations need to go out with the person reporting the problems ASAP before conditions change. With summer thunderstorm and the daily operation of vehicles, conditions can change quite rapidly. Here are some photos from July 22 when the cover up occurred. I collected soil and water samples on this day at the following locations:

This is the oily area near the end of the landing.

Another photo of the oily puddle.

This photo does not show it well due to the the low contrast but this is a photo of the area covered up by the loggers in the middle of the road. There were visible foot prints and a clear area where soil had been put over the middle of the road. This is where I had seen the red hydraulic oil earlier in the day.

When I dug this up, I found red hydraulic oil which I identified by smell (it smells like diesel fuel) and by the bright red color.

 

I was up at the Conway site yesterday jogging as I do almost every day. There was a truck loading logs. I noticed that there was no pad underneath and also noticed the new, red hydraulic oil spills under the truck. When I returned later to take photos, the red spills were not visible. Perplexed, I looked carefully and saw a place where soil had been moved and compacted in the middle of the road with visible footprints on top. I dug underneath the soil and found the red hydraulic fuel. It certainly appears that a new spill had occurred and that there was an attempt to cover it up. The area was about 4 feet long by 16 inches wide. I took some photos before and after. It certainly seems like they should can use pads if they have the energy to cover up and bury the spills. Note that there also appears to be a heavily polluted area on the right side of the road towards the end of the landing (north end).

I would like to discuss with you the situation up there.

1) Why are the loggers continuing to spill oil and not use the absorbent pads as I have been told they should be?
2) Why was the landing situated 60 feet from a wetland?
3) Why can't the contaminated soil be removed from the vernal pool area and the start of Cricket Hill Road and the landing?

Thanks and call me at your convenience..

7/14/08

Here is an update on conditions at the Town Farm Logging Project Landing.

I noticed a red, hydraulic oil spill on 7/11/08 on the road where the landing is located. Also, towards the end of the landing, on the side away from the triangle, there appears to be a larger spill of the yellow/brown liquid. This appears as a dark brown film on the surface of puddles and has a distinct chemical odor different from the diesel type smell of the hydraulic fluid. In passing by the loggers several times the previous week, I saw that they are loading logs without absorbent pads underneath the vehicles. We were told by the state forester that pads would be in place when logs were being loaded. "The loggers will have in place a chemical absorbent pad underneath the harvester while it is stationary (both while it is down for the night and while it loads logs). This is the point where there is a lack of pressure in the system and the leaking increases. [name deleted] will speak with the mill who has hired the loggers for a more permanent solution." I took water samples of the red fluid, the yellow/brown fluid, and a water sample of the adjacent wetland, which is located about 50 feet from these spills. We continue to be concerned about these spills in such close proximity to a wetland area. I was told recently that this wetland is in the watershed of the town of Deerfield's water supply. The red logging vehicle is again being parked close to the wetland on the wetland side of the four wheel drive road. I observed some minor leaking from the vehicle and a very old, saturated, one feet square absorbent pad under the vehicle which was not catching the minor leaking. It would appear that a new, larger pad in needed under the vehicle. I am also wondering if it would be prudent to park these vehicles past the triangle given the history of 10-12 oil spills I have observed near the wetlands, vernal pools, and start of Cricket Hill Road Extension.

 

6/23/08

We visited the Conway Select board to discuss these issues. There was an attitude that these leaking vehicles and spills were normal though we repeatedly pointed out that the pollution was avoidable if the proper housekeeping procedures were in place and followed. The Select board suggested we follow up with the Conservation Commission about wetland issues such as why the landing was placed so close to a wetland and why skidders were parked in vernal pools. One select board member did agree to help me remove the contaminated soils with her vehicle after I pointed out that my pickup truck was recalled. I certainly hope what we are seeing up there is not normal logging practice!

 

6/22/08

The supervisor did take care of this issue promptly although the pad was saturated and leaking onto the ground after a few days.

 

6/21/08

[Project Supervisor],

This time, the yellow vehicle is leaking. I observed a 6 inch by 3 inch spill under the yellow logging vehicle at 4:00 pm. When I returned at 4:30 pm to photograph the spill and take a sample, it had grown to about 18 inches by 6 inches. The vehicle, at the time, was leaking about 6 large drops every ten seconds or 36 drops per minute and was growing fast. It does not appear to be the red hydraulic fluid but appears to be a different petrochemical substance.

This is the fourth or fifth time I have had to report leaking vehicles without sufficient housekeeping being in place. I would like to see this issue addressed tomorrow. I am requesting that the constipated soil be removed so the substance does not wash into the adjacent wetland system.

I would also like the see the contaminated leaf litter from previous spills removed (one of which is within one foot of a vernal pool) and would like assurances that leaking vehicles will not be parked next to vernal pools and wetland systems and will be monitored so that absorbent pads are in place as needed. Note that I also observed another small spill earlier this week directly at the landing. That is 3 spills so far in June alone.

Thank you in advance for taking care this issue promptly.

 

 

 

6/17/08

 

I observed a fresh oil spill at the landing. It was on the surface of the water in a small puddle. It was about 6 inches in diameter. A strong petrochemical smell was detected when I put my finger in the puddle. The color was a darker brown, darker than the water. When I returned the next day to take a sample and photograph the spill, the logger vehicles had already been over the puddle and it was no longer there.

Sent on 6/2/08. The email was never answered but pads were put under the leaky vehicle next day.

[Project Supervisor]

This email is to inform you that the red forwarder that appeared at the landing today is leaking hydraulic fluid at a steady rate. There is no pad underneath this vehicle and it is parked uphill and about 50-75 feet from a large wetland system. Has this vehicle been in the woods or was it off-site? This is the third or fourth time I have had to report leaking vehicles without sufficient housekeeping being in place. I would like to see this issue addressed tomorrow. Thank you in advance for taking care this issue promptly. I would also like the see the contaminated leaf litter from previous spills removed (one of which is within one foot of a vernal pool) and would like assurances that leaking vehicles will not be parked next to vernal pools and wetland systems and will be monitored so that absorbent pads are in place as needed.

From Project Supervisor.

May 17. 2008

John: I am caretaker for my elderly parents, and I was called away to help them yesterday. I did go to the site on Thursday. My understanding of the site review by DEP was that we were not in any violation of Federal or State laws. The DEP recommended that we keep pads under the machines as a preventative measure and consciously attend to prudent housekeeping with respect to the petrochemicals. Thanks for your time on this matter.

In May, 2008 I was finally able to call and talk to the project supervisor who did go out to site and start to remediate the problems. I did not get a response from a previous phone call and email. This was her email response. She did go out and start to remediate the contaminated leaf litter and replace the absorbent pads under the skidders.

This is a follow up email sent to the DEP by me on 4/30/2008

Thanks for checking this out. I think I was too late in calling you as some of the oil washed away but hopefully your training will help. I did see what seemed like a new spill yesterday however. They were loading logs yesterday and a new red oil/fuel puddle appeared. I wonder it the log carriers load themselves and are spilling oil. Also, with the existing spills, will they be cleaned up or just left there? How big does a spill have to be to report to DEP?

And the DEP response.


Good morning, Mr. Heffernan.

A petroleum spill has a reportable quantity of 10 gallons. There were no observations of any releases or discharges of this volume or magnitude in this area.
Sincerely,

BWSC Deputy Regional Director
Mass DEP, 436 Dwight Street
Springfield, MA 01103
413-755-2220 (tele)
413-784-1149 (fax)

Sent to the DEP on 4/9/08

Dear Sir/Madam,

I am concerned about some continued oil spills I am seeing near our house off Cricket Hill Road in Conway, MA. I have photos and documentation of some of the oil spills at:

http://www.jheffernan.com/WebAlbums/ConwayLoggingPollution/ConwayLoggingPollution.html

I have complained to the state forester twice and there has been some efforts such as putting pads under some of the equipment that have catch some of the oil, I am concerned with the amount of petrochemicals spilled and the effect on the nearby vernal pools, wetlands, and streams. I am not familiar with the regulations but was hoped that DEP could inspect the site and see if remediation is needed. The oil is much more visible in the snow, when it rains, or when there is a snow melt. The primary areas affected are Cricket Hill Extension (this is the dirt road that veers off to the right at a 90 degree turn in Cricket Hill Road), and especially the log landing and the road before the landing where the equipment has been parked. I would be happy to show the areas of concern to DEP personnel.

Thank you for your looking into this.

-- John Heffernan

From the DEP

For Use in Intra-Agency Policy Deliberations
Good morning, Mr. Heffernan.

One of my staff inspected the area last week and observed the areas of sheen you described. Please be advised that the observed sheens are not attributable to petroleum, rather a result from a breakdown process involving naturally occurring iron bacteria. Iron bacteria occur naturally in our waterways where they feed on iron (Fe) in the water. While the bacteria are “feeding,” they may leave slimy, rust - colored and/or oily appearing deposits suspended in or on the surface of puddles, lakes, creeks, and streams. This condition appears or intensifies after heavy rainfall and is a result of iron rich soils leaching elemental iron into waterways which provides more food for the bacteria. As such, this appearance is often mistaken for petroleum as it has the same "rainbow sheen" atop wet areas and edges of surface water. A simple method to distinguish between an oil spill and iron bacteria is to break up the oily sheen on the water. If the sheen immediately goes back together the substance is oil. If the sheen stays broken up into pieces, then it is likely iron bacteria.
My staff did observe, however, that one of the skidders was dripping hydraulic oil and the foresters were advised to implement better maintenance and use of absorbent pads under the machinery. My staff are planning to schedule a training session for the foresters as to how to better avoid spillage and implement better housekeeping practices. Thank you for bringing this to our attention.


Sincerely,

BWSC Deputy Regional Director
Mass DEP, 436 Dwight Street
Springfield, MA 01103
413-755-2220 (tele)
413-784-1149 (fax)

Sent to the Select board and [I believe] Conservation Commission on 4/7/08

-----Original Message-----
From: John Heffernan [mailto:johnheffernan@verizon.net]
Sent: Monday, April 07, 2008 10:51 AM
To: Conway Select board and Aide
Cc: John Heffernan
Subject: [Town of Conway] Pollution on Cricket Hill Rd

I am concerned about the continuing pollution being caused by the town logging operation off Cricket Hill Road. See http://www.jheffernan.com/WebAlbums/ConwayLoggingPollution/ConwayLoggingPollution.html for details and photos. I would be happy to tour the area with someone from the town. When will the operation finally be over?

I was last told by [select member] that the goal was to be over by March but the logging and pollution continues. There have been some small efforts to improve the situation but more needs to be done or the operation needs to end so the land can recover.

I would also like a map of the operation. Surprisingly, There was not one in logging plan. I would like to check the areas logged for other oil spills since it does not appear that the operation is being well monitored.

John Heffernan - 99 North Hill Drive

Response to the above from Town Aide on 4/7/08

John,

I was under the impression that this project was extended due to weather. However, I’m sure [select board member] would be willing to talk to you about this. If you need a map, I do have several here in our files. Please feel free to stop in for copies.


Office of the Select board
Town of Conway
PO Box 240
Conway, MA 01341
(413) 369-4235
(413)369-4237 (fax)

Second letter sent to the state forester on 3/23/2008.. There was no response to this email.

I am seeing tons of pollution again in our neighborhood from the logging operations. The red hydraulic oil and also the unidentified yellow liquid are pooling up near the landing. This can be seen in warmer weather where quantifies of the liquids are floating on top of puddles. This is adjacent to a wetland/beaver pond. The red and yellow logging vehicles are once again parked adjacent to a vernal pool. They are also storing the large tank of (presumably) diesel fuel right next to the vernal pool. Also, at the start of Cricket Hill Extension, there is a strong petrochemical smell. There was a large pool of the red hydraulic or diesel fuel there which was very visible on the snow 2 weeks ago but has now leached out into the road. Also, on Cricket Hill Road itself, when it rains and/or when there is a lot of snow melt, large amounts of oil can be seen in the runoff and hundreds of oil spill can be seen when it rains. I was running the other day in the rain and many of these oil spots appeared after a big log carrier went up Cricket Hill Road. Typically, these are multicolored areas about a foot in diameter. [name deleted], the amount of pollution this operation is causing is very distressing and it is all running off into our precious ponds and streams where we live.

This was the response from the letter above sent to me on 1/31/08.

Hi John,

I did receive your email. Thank you for the notice of the leaking equipment. I have visited the site twice since your report, once with the forester in charge of the job. Her name is [deleted]. I have agreed with a immediate plan of action to collect the fluids leaking from the equipment. The loggers will have in place a chemical absorbent pad underneath the harvester while it is stationary (both while it is down for the night and while it loads logs). This is the point where there is a lack of pressure in the system and the leaking increases. [name deleted] will speak with the mill who has hired the loggers for a more permanent solution.

Thank you for your help in this matter,

Sent to the state forester on 1/25/2008

I am seeing what I consider to be some significant petrochemical spills at the town logging site in Conway. There are 2 types of chemicals that seem to be leaking. One is a yellow color and can be seen in small amounts all the way down the road from the loading spot to where the logging road heads north and up the hill and in larger amounts at the log loading site. I could not detect a strong odor from the yellow spills so do not know what it is. The second spills are red in color, have a very strong petrochemical smell, and appear to be coming out of the red vehicle's (I believe is a skidder) hydraulics. I am concerned about these and other spills I have seen previously at the log loading site. Puddles in the area have had an oily surface. Additionally, the log loading area is very close to a large wetland area (beaver pond) within 30-50 feet. I am concerned that these toxic chemicals washing into the sensitive wetland area. Also, the skidder and other vehicle are now parked right next to a vernal pool. If they are leaking chemicals, the vernal pool could be contaminated.

I am enclosing photos of some of these spills.

 

 

 

 

Here is a letter I sent to the state forester in charge of the upcoming state project and his response. The letter was sent on 1/18/2008.

Dear [name deleted],

I am concerned about the state forest logging project proposed for Conway, MA off Cricket Hill Road. A town project is still underway and has asked for multiple extensions. Before that, we had 2 multi-year logging projects off Cricket Hill Road. Deane Lee did extensive logging for multiple years including land very close to our house. In addition, our neighbors on North Hill Drive did an extensive project a few years ago. The town project has been very extensive and was much more than thinning our some planted Norway Spruce stands, which was how it we presented to me and also how the state project has been described.

As someone who uses the roads where the trucks are stored on a daily basis, I have reached some limits on the amount of logging which can be tolerated. The roads on the town project were supposed to be improved but are actually much harder to use for foot traffic due to the small basalt rocks dumped on the road. In addition to the engine noise, there is a frequent diesel smell. I have also seen oil on surface puddles and fuel spills on the road. Cross country skiers have also been impacted with the plowing of the discontinued town road the trucks and skidders use. Basically, there has been fairly continuous logging very close to our house and adjacent forest areas for nearly the entire 10 years we built our house in this beautiful area. We had no idea when we bought land in Conway to abut the forest, that we would be subjected the continuous impact of logging operations. Clearly, between private, town, and state projects, the impact on the recreational users of this land and our neighborhood in general has not been taken into account.

I could not find any mention of this project on the DCR web site at http://www.mass.gov/dcr/stewardship/forestry/manage/ProposedForestProductsSales.htm. I need to review the project proposal and other documents such as the Forest Cutting Plan, which may have been prepared. Regulations require that, "All proposed project sites will be posted with a sign that informs the public of a proposed harvesting project and Management Forester contact information." I have never seen such a sign.

I am also disappointed that no land in Conway was put into an unmanaged state to create new old growth forests under a new state program. Is this true? If so, was this a town responsibility to apply for this program?

As you may know, Conway has some of the best black bear habitat in the state. (One study I have seen puts the bear density higher than in Savoy). I have been following bear sign in the area for over ten years and have identified some high use beech trees very important to black bears. These trees should be preserved due to their importance to bears. If harvested, this would cause problems with human-bear interactions in corn fields and other areas bears would turn to without these trees. I have also identified important bear trails including marking trees that have been used by bears for decades. I would also ask that these trees be preserved due to their importance to bears and general importance to those studying bear sign. One of these trails is the larger one I have ever seen in New England.
I would like to show you these areas and have the trees taken out of harvest consideration. This would be negligible to the harvest but very important to our robust bear population. I have taken the country's leading black bear expert (Dr Lynn Rogers - see the Wildlife Research Institute at www.bearstudy.org) to see these trees and he has confirmed them as important bear trails and trees.

Please let me know the status of this project and point me all relevant documentation on the project.

Sincerely,

John Heffernan

Hi John,
I got your phone message and called you back and am now just seeing
this. This sale was on the internet two years ago and was sold in the
fall of 2006 and has been removed from online. That is the policy. The
public comment period is over, however I would be happy to talk or get
together with you to try to address any concerns you have. The policy
you see about the signs being posted was just implemented and will only
impact sales from here forward. In terms of the town road that had trap
rock put in spots, I wrote the DCR contract requiring that a $5,000
payment be made by the logger to the Conway Highway Dept. and we will be
using some of this money to remove a layer of stone from one half of the
road (essentially from the road crown over on one side), and we will be
laying gravel there so that the there will be a nice path for people and
animals using the road to pass through. I had no say on that rock being
put there because you guys own the road but I have talked to the town
and told them of our plan. I agree that it needs to be done, which is
why I earmarked money for it. This will occur when the logging starts on
Cricket Hill and that road is not needed by either us or the Town. In
terms of the bear trees, I remember talking to you about this and I am
fairly sure we did not impact this area. This is primarily a softwood
sale. I did cut the stand leading down the hill, but it was a hemlock
hardwood stand with almost no beech and it was only thinned. In terms of
the paperwork for the sale, this is a freedom of information request and
must go through our legal department. I have no say in this policy. You
need to contact:

Alice Bilbo-Miles
251 Causeway St. Suite 900
Boston Ma. 02114
(617)626-1310

She can assist you with this request. If you want to meet at the site we
can do that. I have snow shoes and don't mind doing it this winter, but
if you want to wait we can do it in the Spring. I am in and out of the
office so leave me a phone message or send me an e-mail and I should get
it within a few days at the latest. Thanks.


DCR Forester
Western Region