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Select Board presses for coordinated response after sediment concerns at Black Mountain
Summary
At a July 28 Select Board meeting, town officials, engineers and conservation groups debated whether sediment seen in Great Brook and the Wildcat River stemmed from Black Mountain work or stormwide runoff; the board asked engineers and Trout Unlimited to produce a joint summary before the next meeting.
Chair Bob Thompson told the board it had received complaints about erosion and sedimentation "impacting Great Brook and the Wildcat River" and invited Town Attorney Jason Dennis to outline enforcement options while noting the state is conducting an active investigation.
Jason Dennis explained the town could enforce zoning rules if it finds a violation: "If the town determines a violation exists, it may issue a Notice of Violation outlining the issues, requiring corrective action, and potentially pursuing further enforcement if necessary." He added any such notice could be appealed to the Zoning Board of Adjustment.
Town Engineer Burr Phillips said the erosion from Black Mountain was "significant" and warned that an "enlarged inlet and inadequate outlet capacity could lead to dam overtopping and potential failure during heavy rains," urging an operations and maintenance plan and a designated emergency contact.
Representatives for the project and its engineer disputed the scale and source of the sediment. Bryan Walsh of Verdantas, engaged by project representative Erik Mogensen, said the site experienced erosion but that "the heavy sedimentation was caused by widespread impacts from intense rainfall, not solely by Black Mountain," noting similar sediment was found upstream and downstream after the storm and that a DES site review found no immediate concerns.
Conservation advocates pressed for protective measures. Tim Burns, president of Saco River Valley Trout Unlimited, said he "did not personally witness the runoff" but advocated for protecting the Wildcat River and fisheries, and offered Trout Unlimited's assistance identifying turbidity sources and short-term erosion controls such as silt fencing.
Chair Thompson asked for more immediate short-term fixes and a stabilization timeline. Town Attorney Jason Dennis recommended that the project's engineer, Trout Unlimited representatives, Kevin Bennett (building inspector) and Burr Phillips collaborate to create a list of issues and provide the Select Board a written summary before the next meeting to clarify areas of agreement and disagreement.
The board took no enforcement action at the meeting while the state investigation continues.
