What's going on here?

2007-08-28T21:04:00.000-07:00

Chronological Order

Aug. 21, 2007
I received an email wherein I was accused by a developer of harassing his contractor, trying to order him to cease work [in an area of class two wetlands]. I was not aware of the work being done, and had not spoken with anyone working there.

But the email alerted me to the situation, and prompted further investigation. I found that hydrophytic vegetation had been stripped from class 2 wetland areas around the ponds and within wetland and buffer areas next to my house. Several of the neighbors had already called the Agency of Natural Resources Wetlands Office, Burlington Code Enforcement, and other City Departments. They were upset that wildlife habitat had been disturbed (turtles lay eggs there, and the entire area teems with wildlife) in a Class 2 wetland that they believed was protected by the State. They were also concerned that the level of one of the ponds was dropping significantly. Photos and measurements were taken, and officials were notified.

Excerpts from the developer's email:

Hello, all: My contractor reports that he was harassed at some length today by someone who came out of an adjoining house onto our property trying to order him to cease work. I presume from the description given (warm, friendly, full of joie de vivre and compliments) that this was Ms. Terhune, but I am writing to each of you in case I am mistaken. ...

[NOTE from Ms. Terhune: HE IS MISTAKEN, in more ways than one.]

The lawn and brush removal work being done around the man made ponds on our property is expressly allowed under state and federal rules. We are not cutting or filling lands. ...

Please, do not enter onto our property to harass contractors who are only there doing what we have asked them to do. ...

Thank you for your attention.

August 22-26, 2007
Brush and plant removal continued on the property, and throughout the weekend. Brush and vegetation in what we believe to be a Class 2 wetland and buffer on another area of the property was ripped out with heavy machinery, leaving bare earth. Wetland delineation markers were crushed into the dirt.

August 27, 2007
I spoke with Planning&Zoning and the Agency of Natural Resources wetlands office. I asked how they can verify a wetlands delineation and buffer requirements if there are conflicting delineations and the developer has ripped out all the hydrophytic vegetation? I was assured that there are other indicators, like soil, but pre-permit site work is being done in a wetland area that has not been approved in a site plan, or made available for public review.

The saturated or seasonally saturated conditions in wetlands create an environment that favors the growth of specifically adapted wetland plants (hydrophytic vegetation) and promotes the development of wetland soils (hydric soils). These three factors (hydrology, vegetation, and soils) are used in wetland identification and in the delineation of wetland boundaries.

August 28, 2007
Neighbors are upset about the disturbance of the Class 2 wetlands and buffer. This is pre-permit site work. We ask divisions of government that have jurisdiction to investigate, and stop pre-permit site work until the boundaries and buffers around the Class 2 wetlands are identified.

September 2, 2007
A sump pump has been placed in in the abandoned swimming pool, slowly draining it. Archaeology test holes and survey work is apparently concluded. It appears that wetland and buffer areas have been cleared, but since there has been no permit application, there is no site plan open to public review. The developer describes the work this way.

The lawn and brush removal work being done around the man made ponds on our property is expressly allowed under state and federal rules. We are not cutting or filling lands. It is no different than the exceptions that allow [neighbors] to maintain the areas adjoining their ponds, or [neighbors] to maintain a lawn in a wetland buffer. [The latter referring to a residence built about 70 years ago.]

September 5, 2007:
Site visit scheduled for Sept. 6.
Photo of an area around the pond, cleared of plants.

Will the deer come back?
Deer routinely have grazed in the areas around the many appletrees on the property. We see them every evening around dusk, and frequently during the day, also -- until the property was clearcut in several areas. They have not been sighted since the property was cleared.

Wetlands and Buffers, Appletree Point Farm

What's going on here?