The EPA
"Findings and Compliance Order" is basically divided into two
sections. The first section concerns the CSO arrangements between the
city of Manchester and the EPA. The second is concerned with the
Supplemental Environmental Projects Program (SEPP) which includes
protection of the natural communities on Hackett Hill.
Here,
findings are described which concern the unacceptable water quality
which has resulted from discharges from Manchester's combined sewer
system. A step-wise CSO abatement program for this problem is then
described. The EPA, acknowledging that the cost of
completely revamping the entire CSO system would be extremely high,
has called for changes which will at least alleviate the problem.
Sewer separation projects will be undertaken at certain designated
points in the city. At the end of the 10 year period covered by the
compliance order, the situation will be reevaluated and the remaining
CSOs may be treated in the same fashion.
The EPA
recognized that Manchester has many serious environmental problems
besides its CSO system. Since the agency had expressed considerable
leniency by permitting the city to undertake partial, rather than
complete, renewal of its CSO system, it therefore seemed appropriate
that it should require Manchester to attack these other problems.
Accordingly, as part of the Compliance Order, the city is required to
spend $5.6M on certain designated projects to improve its
environment, and this work must be completed within 5 years. The
overall program is termed the Supplemental Environmental Projects
Program (SEPP).
The projects to be undertaken are as follows: Land Preservation, Storm Water Control, Stream Bank Stabilization and Erosion Control (along the Merrimack River and its tributaries), Environmental Education, Restoration of Urban Ponds, Reduction of Childhood Lead Poisoning, and Asthma Prevention.. As an example of the specifics of one project, The Aububon Society of NH may receive funding for seventh-grade environmental education programs which would concern field trips and student involvement in SEPP-related undertakings. It is stated in the Compliance Order that these projects are intended "to provide environmental benefits to the people of Manchester in addition to the benefits gained from the combined sewer overflow abatement".
The
SEPP requirements call for two million dollars of the total sum to be
spent for Land Preservation projects - specifically for protection of
the unusual natural communities on the Hackett Hill property. The
Compliance Order calls for a stepwise acquisition/disposition of
certain land segments shown on the Preserve-Development
Map of February 26,
1999.
According to this schedule, in Phase 1, the city will first acquire from the University of New Hampshire areas P1 and D1-D7 (in other words, the entire land area known as the Hackett Hill Property.) This land transfer took place on March 16, 1999 at a cost of 7.2 million dollars to the city. Two million dollars must next be spent on "land protection.". In Phase 2, areas P1a, P1b, P1c and P1d, as shown on the map, i.e., the portions of the property where the AWC/giant rhododendron, AWC, and Black Gum swamps are located, will be placed under the stewardship of the Nature Conservancy as a "Preserve". The appraised value of this land will "count as a credit" against the $2 million the city must spend for land protection.
Phase 3 of the schedule calls for the city to purchase two parcels of land that abut the "Hackett Hill" property. These properties are also shown on the Preserve-Development Map. The city will first purchase the area designated on the map as P2. This is a 246 acre parcel of land which abuts the Hackett Hill property and is presently owned by Alliance Resources. The Pichette Property, a smaller privately-owned portion of land (see lower left hand corner of the map), will also be purchased and designated as a preserved area.
The EPA considers these abutting properties to be extremely important in terms of "land protection", since they also contain large wetlands and/or their watersheds. As can be seen on the map, the two large swamps on the Hackett Hill property which contain Atlantic white cedars have watersheds which overlap into the P2 area.
The third phase of the Land Protection mandate deals with the sale of "Potential Development Area D7" by the city and its subsequent development. The development of this area, which is surrounded by portions of the Preserve, is dependent on whether or not engineering analyses determine it is suitable for development. Finally the city will be permitted to sell for development Areas D1 and D2, as well as "Sensitive Development Areas D3-D6 ". The latter areas are nearly surrounded by protected land.
As stated above, the so-called "Preserve" portion of the Hackett Hill property will surround, or nearly surround, areas where development is planned, and moreover, one of these areas, "Potential Development Area D-7" is apparently given high priority with respect to sections of the property that the city may sell for development.
In the
Compliance Order, the EPA attempts to justify the bizarre arrangement
it has sanctioned. For one thing, the Compliance Order includes a
detailed description of special precautions that will be taken during
and after the development of the 5 areas, in order to avoid damage to
the swamps. More importantly, the EPA Compliance Order blatantly
states that "these areas are not included within the Preserve in
recognition of the City's need for reasonable economic gain from
disposition of its property". The almighty
dollar has spoken loudly and clearly.