The pit in question is a dredging operation originally run by Wilder Construction and Central Paving Products on the northwest side of the Glenn Highway. The dredge floated on three man-made lakes and mined gravel up to 200 feet below the surface, said Pamela Ness, Matanuska-Susitna Borough code compliance officer and author of the report. The gravel was then stacked south of the Glenn and loaded onto rail cars.
According to the report, the complaints started in 2004. Local residents said the water level at Canoe Lake dramatically increased and properties in the Grandview subdivision were being flooded. Both areas are south of the Wilder/CPP dredge, downslope by contour levels.
 Courtesy Mat-Su Borough An impoundment weir was unsuccessful in controlling water flowing from dredge ponds in south Palmer. |
John Leiner, who lives in Grandview and owns a cabin on Canoe Lake, was left with only one conclusion — the dredge perforated an aquifer raising the water table of the surrounding area.
Leiner wrote a letter to Wilder/CPP detailing his concerns and complaints in April of 2005. In May of the same year, he received a response from Don March, the president of Wilder at that time.
While March stopped short of admitting their mining operation caused the water table issues, he said they were working to “replace the impermeable soil zone that we broke through during our mining activities on our property which should restore the water tables on your property and surrounding properties to their natural levels, assuming there is a connection between these water tables.”
March agreed to install a irrigation well and new septic system on Leiner’s property at their expense. He cited plans to install a weir — a dam placed across a canal to raise or divert the water — to stop the water from exiting their property.
On August 8, 2006, Leiner filed a complaint with the borough’s code compliance office about the flooding that was still occurring on his land. According to Ness’ report, code compliance officer John Frey was assigned to investigate Leiner’s complaints.
Ness’ report says Frey toured the site, and his report simply says “Photos, examined MEA pole #165, water appears to be approximately 18”-24” higher than usual, house approximately 25’ from water. Forwarded complaints to (Environmental Protection Agency, Department of Natural Resources, Department of Fish and Game). Close file.”
Ness said she found a record of the report being faxed to Fish and Game, but there was no indication of it ever going to the EPA or DNR. That makes sense, said Leiner, as Fish and Game has no power to do anything about it.
Leiner complained about the flooding again in December of 2006, and this time a project review was opened by the chief of code compliance, George (Ken) Hudson. According to the report, the subject of the review was “proposed pumping of surface water to relocate excess water percolating to the surface.”
Gravel ordinance
Meanwhile, when the borough passed a gravel ordinance mandating a buffer between any mining activity and the seasonal high water table, the Wilder/CPP operation applied for a grandfather exemption. Code compliance received the Pre-Existing Legal Nonconforming Use Status for Earth Material Extraction Permit Application on August 30, 2006.
The application was reviewed by Frey and issued by Hudson in April of 2007, according to the report.
The application requires a description of the methods used to prevent problems, such as draining and flooding, to adjacent properties. It also calls for a copy of the storm water pollution prevention plan submitted to the EPA.
“The application and documents submitted did not have any written documentation of water discharging from the man-made water body down the constructed drainage canal to a new impoundment weir or flooding caused by the man-made water body,” Ness’ report says. And later, “in the SWPPP plan it was stated that all storm water run off and non-storm water would be retained in the pit and on site.”
Additionally, the satellite photos submitted with the application were from 2004, Ness said, and did not show the mining operation going over Wilder’s property lines, as was documented to have happened in 2005.
At the end of her investigation, Ness adds that she asked DNR if Wilder/CPP had a permit to construct the impoundment weir and earthen berm/dam. DNR claimed no knowledge of the weir, despite a report obtained by the borough detailing a 2006 site visit in response to a complaint about the elevated water table and weir.
In conclusion, the report claims, the Wilder/CPP grandfather application was not complete. It did not mention the weir and contained a false storm water pollution prevention plan. There was no inquiry to the Army Corps of Engineers about a permit for discharge into the waters of the United States, the plans and photos submitted showed an inaccurate representation of the area mined, and there was no permit to construct the weir.
Furthermore, the report continues, the Wilder/CPP operation is currently not in compliance with the grandfather clause. They are in non-compliance with DNR and EPA laws, the areas mined deviated from the original site plan, and water flowing off the property is causing a public nuisance.
Photos don’t lie
Ness filed her report in April of this year. She presented it to the borough assembly earlier this month, along with a series of photos she took on Aug. 11.
The photos show a canal dug southeast from the Wilder/CPP dredge ponds and the weir in the middle of the canal. The Glenn Highway runs south of the weir and the Grandview homes are just south of the highway. South of Grandview is a separate gravel pit owned and operated by Quality Asphalt Paving. Ness documented water bubbling up from the ground and pooling on QAP’s property. Ness took more photos of marsh land following a line south. In places, the water is visibly running out of the ground. It ultimately enters Spring Creek and the Palmer Hay Flats.
On the same site visit in August, Ness documented water across the Glenn from the dredge ponds in a completely separate location.
Borough Manager John Duffy said these photos indicate water is flowing underneath the Glenn, and the borough suspects it is coming from a aquifer perforated by the dredge, but he could not say with absolute certainty.
“I think there is a difference of opinion about whether that is the water going underneath the highway,” Duffy said. “It’s going to take some detailed analysis to prove (liability).”
As to if the water is damaging the highway, again, Duffy said he couldn’t say without further investigation.
“Someone will have to make some detailed determination if it is causing a negative effect to the highway. But one would think it is damaging the sub-base,” Duffy said.
Duffy said this is an active case about more than just the water going underneath the highway. There are other operations in other areas that are raising questions at the borough, he said.
“We are doing additional analysis of this. We’re going to try to do it as quickly as possible, but we want to make sure the science is done right,” Duffy said. “We want to get it done quickly, come to a resolution and determine what type of remedial actions, if any, need to be taken.”
House a loss
As for Leiner, the water is still running underneath his house. It is now worthless, he said, as the foundation is washed out and he would have to disclose the flooding to any potential buyer. He has taken his claim up with Granite Construction, the company that recently bought Wilder and CPP. However, Granite’s insurance agency denies any liability for actions taken by Wilder and CPP.
Contact Todd L. Disher at todd.disher@frontiersman.com or 352-2252.
Comments
22 comment(s)dirtguy wrote on Sep 7, 2009 5:31 PM:
We're not asking to be allowed to rape and pillage the land, just a fair and honest discourse in the public forum. Not backhanded lies thrown out there by Emmerson, Chuch, Duffy, et al.......
I hope the new Borough Mayor sees these folks for what they are.... "
dirtguy wrote on Sep 7, 2009 5:25 PM:
Gravel Greed wrote on Sep 4, 2009 1:58 PM:
dirtguy wrote on Sep 3, 2009 4:40 PM:
lepip wrote on Aug 29, 2009 1:28 PM:
catlyn wrote on Aug 29, 2009 12:33 PM:
foolish wrote on Aug 27, 2009 7:17 AM:
uplands resident wrote on Aug 26, 2009 10:13 PM:
Water wrote on Aug 26, 2009 5:27 PM:
GetReal wrote on Aug 26, 2009 5:26 PM:
Evets wrote on Aug 25, 2009 10:25 AM:
JB wrote on Aug 24, 2009 12:47 PM:
Is Mr Leinert an expert on Hydrology? WHAT IS MR. DUFFY'S ROLE IN ALL THIS? THIS GUY,ALONG WITH THE FRIENDS OF THE MAT-SU IS TRYING TO SHUT DOWN THE GRAVEL INDUSTRY. IT'S IRONIC THAT THE BOROUGH HAS A WINTER SAND SUPPLY CONTRACT OUT TO BID NOW. WONDER WHERE THE WINTER SAND WILL COME FROM? "
ANother Example of wrote on Aug 24, 2009 10:54 AM:
Way to go Mitchell & Sleight let's run another company out of the Valley.
Maybe it's time we contact the owners of the Frontiersman on their shoddy reporting. "
Nabler wrote on Aug 24, 2009 9:17 AM:
It appears this article is an attempt to sway public opinion in advance of tonights Planning and Zoning meeting. This is a horribly biased article. "
Truth Seeker wrote on Aug 24, 2009 8:50 AM:
TJ wrote on Aug 24, 2009 8:06 AM:
We're talking about a basic commodity here. Do you want a hospital, road, or theatre in your life. It takes gravel. "
Good for Mr. Leiner wrote on Aug 23, 2009 8:57 PM:
Kevin wrote on Aug 23, 2009 6:45 PM:
Bob wrote on Aug 23, 2009 10:30 AM:
Bob "
Typical wrote on Aug 23, 2009 9:27 AM:
South of Palmer Resident wrote on Aug 23, 2009 8:48 AM:
Granite bought assests and liabilities when they purchased wilder . At least now we all know what kind of open pit mining company Granite is.
The borough needs to make granite do the right thing for everyone who has been negativly impacted by this dredge. the borough had a responsibilty to keep an eye on this and they blew it.
A 200 foot deep hole is huge, everyone south of Palmer should be concerned about their well water. "
There wrote on Aug 23, 2009 1:46 AM: