Hole in aquifer?

PALMER — A report and series of photographs gives new evidence to the claim that a south Palmer gravel pit perforated an aquifer and is now discharging water underneath the Glenn Highway and out to the Palmer Hay Flats State Game Refuge.

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.

Water levels change

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.