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Noncompliance and Comprehensive Mitigation Package
A storm-induced breach of a stone dust containment area caused extensive sedimentation in downslope upland and wetland systems in the Town of Shirley. This resulted in the MADEP issuing a notice of noncompliance (NON) to the company. Mr. Toohill was brought in as an expert in impact analysis and mitigation. A team under his direction mapped out the sediment depths in the impacted areas, produced GIS maps showing the type of vegetative cover and the extent of the impact, and discovered that much of the area was actually lightly impacted. Based on these studies it was determined that attempts at a complete cleanup would cause extensive degradation of the lightly impacted systems. Instead, a remediation and restoration plan was developed that was limited to the most heavily impacted areas. More robust controls on the stone dust piles and sacrificial basins were included as part of the restoration plan in addition to removing sediment and replanting the more heavily impacted areas.
In lieu of fines Mr. Toohill negotiated terms whereby PJ Keating provided funds to the Town of Shirley for cataloging and monitoring their conservation lands. Outcomes of the project were that Mr. Toohill demonstrated that the lightly impacted areas recovered relatively swiftly on their own. The installation of sacrificial areas which could be maintained helped capture future migration of the sediment before it could reach and negatively impact the downslope wetland areas. The mitigation plan Mr. Toohill negotiated with the MADEP has proved ecologically effective as evidenced by several years of follow-up inspections and, at the same time, helped save PJ Keating tens of thousands of dollars in unnecessary cleanup costs.