Song Mountain's Well Update

Song Mountain was at the January 20^th, 2000 planning board meeting. Many of our board members were also there. Song Mountain’s Engineer Bruce Letts and their new lawyer John LaFave presented plans for the well and a large 2,000,000 gallon reservoir to supply water for snow making. They also proposed a building to house the second 100 horsepower pump and a gravel access road. There was discussion that a fence might be needed because the steep walls of the eight foot deep reservoir would make it near impossible for a child or pet to get out if they fell in. New Preble Supervisor John Steger dismissed that idea suggesting that if we did that we should also fence in Song Lake!

Many of us are concerned that Song Mountain might violate the restrictions placed on them by the Susquehanna River Basin Commission (SRBC) and pump more water than allowed and just pay whatever fines are levied by the SRBC. This would be little solace for those whose wells might go dry due to excessive pumping. I suggested a simple solution. If a copy of the NiMo bill less the dollar amount were sent each month to the town hall we could easily tell if Song was violating the SRBC rules. In addition Song would authorize our town officials to call NiMo in that event and shut off power to the well. This simple approach would guarantee that Song would never violate the SRBC restrictions and would give us all peace of mind. After all the only reason to resist this approach would be if Song intended to violate the SRBC rules and pump more than allowed.

Unfortunately our new town supervisor, John Steger stated that he would not enforce this even if it were enacted!

There was further discussion about lake residents wells going dry. Song Mountain’s lawyer LaFave backed by John Steger stated that if anyone’s wells went dry it would not be Song Mountain’s responsibility and that the home owner would be on his own. This falls in line with Song Mountains poisoning the Ehler’s well three years ago and not compensating them despite their promise to do so on many occasions.

John Steger’s position is unfortunate. It forces us to oppose Songs well in order to save our own. It is too bad that our new supervisor is so short sighted in this regard.

Of further concern is the warm reservoir water attracting ducks and geese.

You may have noticed that ducks and geese are staying longer each year and not flying south as they would normally do. The DEC told us that they are not flying as far north either and that many of them are wintering over. In order to correct this problem the DEC extended the hunting season for an additional 30 days. I talked with a wildlife biologist from Cornell University about this. He said that the reservoir’s warm 50 degree water would attract ducks and geese and that their feces and parasites (the ones that cause the ‘duck itch’ problem) would be spread over the hillsides of Song Mountain by the snow making machines. Since Song Mountain has already made many children sick in the past we need to consider this (remember ecoli in the drinking water). Children playing, and in some cases eating that duck poop contaminated snow could be subject to health problems. Duck itch could also plague skiers who ski through the snow making clouds.

The ski and scratch contest begins in five minutes!

The high concentration of duck poop in the water might leach back into the groundwater in the warm months, possibility contaminating our water supply. Something would have to be done to keep the ducks and geese off the reservoir . Loud speakers or perhaps a roof would be necessary. A high fence like the one around the cellular tower with barbed wire at the top would be required for safety.

Another concern is that stagnant water will sit in the reservoir bottom in summer and may breed mosquitoes and foul order.

Update!!!

Since the Planning Board meeting on January 20th, Joe Heath has been informed by a January 24th letter, that code enforcement officer Doug Staley has decided that although § 645 of our town zoning law prohibits all expansion of any nonconforming use, it should not be applied to Song’s proposed pond, pump and pump house.  (Song’s recreational use was made a nonconforming use in its agricultural zone in December of 1997 when the zoning law was enacted.)  Therefore, § 645 clearly prohibits this proposed expansion onto land that Song does not even own.

Joe will be appealing this decision by Staley to the ZBA and his appeal will be filed before the upcoming February 3rd ZBA meeting.  Joe has researched this area of zoning law and there are plenty of court cases that strictly enforce such zoning laws against the expansion of nonconforming uses.  This will set in motion a similar process that we went through last year after Staley refused to issue a stop work order against the well when Song was rushing to construct it before the town boards could act.  Luckily Staley's last year’s decision was overruled by the ZBA, due in large part to extensive public opposition by our members.  We need your active participation again this year, starting with the February 3rd ZBA meeting.

This will be discussed at the next ZBA meeting this Thursday, the 3^rd of February 2000.

Show up, speak up and make you feelings about this known.