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Fairhaven 4 stormwater project paused after wetland and permitting concerns

June 27, 2025 | Rutland County, Vermont


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Fairhaven 4 stormwater project paused after wetland and permitting concerns
The commission discussed a second Fairhaven project (Fairhaven 4) that staff said would remove roughly 2.84 kilograms of phosphorus but lies in or near wetland and likely within a floodplain. Staff recommended funding limited design work only to determine permitability and feasibility; members voted to table the item pending further information.

Hillary (Staff member) said the project dates to a 2019 Poultney River stormwater master plan and that the berm of an older stormwater pond had been patched by a private landowner in the past year. "The berm at that point was it's an old stormwater project, and it captures stormwater from sort of the 10 acres of town," she said, and added that the patched dam "is not in very good shape right now."

Zapata (District wetland ecologist) reviewed lidar and aerial imagery going back to 1994 and 2013 and told the group she had two central questions: whether the pond had been expanded since its original construction and whether any expansion occurred in mapped wetlands or the 50‑foot buffer. Zapata said maintenance and repair of existing, recognizable stormwater infrastructure is permitted under wetland rules, but expansion could trigger wetland permitting or require a non‑reporting general permit registration. She concluded she was "tentatively in support" pending design clarification and potential permitting work.

Consultant Fitzgerald Environmental had provided an original budget that staff and one contractor reviewed; both said the construction estimate looked high and that costs might be reduced, but more design and site work are needed to confirm costs and permitability. Contractor Ryan Davenport said at a quick glance he believed construction could be cheaper than Fitzgerald’s estimate but could not give a precise figure without additional information.

Commission members expressed concern about maintenance responsibility, long‑term operations and maintenance (O&M) obligations, and the permitting risk versus the environmental gain. As one member put it, the site "looks like a permitting pain in the *** and the gain is not that high." Several members recommended a site visit before committing design funds.

Katie Crumley moved to table the Fairhaven 4 stormwater project to a future date; Dan Redondo seconded the motion. The motion passed on a voice vote with no recorded oppositions. Staff said that if the commission approved further work it would first confirm permitability; if the site were not permitable, staff would stop further design work.

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