“Published 8/31/2011

Vermont Air National Guard pilot Chad Sample unloads water and meal packs at Green Mountain National Forest Ranger Station in Rochester, Vt., yesterday. Rochester was cut off by flood damage until yesterday afternoon. (Valley News — James M. Patterson)

ADGRPID:131992|SERVTYPE:1
Vt. Storm Relief Finds a Way
By Alex Hanson
Valley News Staff Writer

Bethel — It’s fair to say that people who drive Jeeps and four-wheelers through the woods feel vindicated.

Tim “TJ” Shonio drove to Bethel from Rochester yesterday over Mt. Hunger in his jacked-up Jeep Cherokee. His girlfriend, Brandi Smith, has a house in East Randolph that they hadn’t seen since Tropical Storm Irene rolled through on Sunday, and they also used the trip to pick up some food.

“If it wasn’t for all of us that do jeeping, none of these roads would be open,” Shonio said.

Shonio was part of a second flood yesterday, a wave of people rolling out of the isolated hills in Bethel, Stockbridge and Rochester in search of gas, food, fellowship and other necessities. They arrived in downtown Bethel on ATVs, in Jeeps, on bicycles and on foot.

Vermont State Police, with the help of members of the Vermont Jeep Association, yesterday morning evacuated two men from Rochester who needed dialysis, then headed back to evacuate two people from Stockbridge with medical needs, said Trooper Chris Blais, a member of the Jeep club.

“We have these lovely volunteers here to help us facilitate this,” Blais said.

It took a while for the state police to figure out how to put the Jeep club members to use. There were nine Jeeps in the parking lot at the Royalton state police barracks by noon yesterday. After waiting for direction until 1:30 or so, a group of five left on their own to open up overland routes to Rochester. The last pair didn’t leave until 5 p.m., on a mission to ferry 15 cans of gas to town generators in Stockbridge and Rochester.

“Everybody’s looking for something to do,” said Brian Carpenter, president of the Jeep association and a Richmond, Vt., resident.

Today might have been the last day off-road vehicles would provide the only access to towns cut off by flooding. A road link was established to Rochester through Warren late yesterday.

But so far, most of the materials heading back to isolated, flood-stricken communities were hauled there by residents.

Brian Booth towed a trailer behind his four-wheeler to bring gas back to his home on Bethel’s Brink Hill. His generator powers a dental lab that he runs from his home.

“Most of my customers are in Rutland,” Booth said. “I don’t know if I’m going to have any business.”

Bethel teemed with activity yesterday as ATVs drove up and down Main Street, a fleet of dump trucks hauled stone to washed-out roads and residents from the hills who hadn’t been able to get to town greeted one another.

“It’s surreal,” Booth said. “It’s like some post-apocalyptic nightmare that you see in the movies.”

Penny Griffin and her son Brian Griffin rode their four-wheelers into Bethel yesterday to pick up some supplies.

Other than walking, the four-wheelers were the only way they were going to get down Lilliesville Brook Road from the Lympus section of Bethel. The ATVs are useful, but they’re no substitute for a paved road.

“My daughter-in-law’s due to have a baby in three to four weeks,” Penny Griffin said. “I’m a little nervous about that. She can’t ride a four-wheeler. That’s a no-no.”

Jamie and Lisa Floyd made the first outside contact with the remote neighborhood of Lympus Four Corners. They walked up with backpacks of fresh water.

“We wanted to make contact and let them know they were not forgotten,” said Lisa Floyd, whose parents, John and Dorothy Manning, live in Lympus Four Corners. One of their goals was to bring her parents back down into town, but “they refused to leave,” Floyd said.

“Happily,” Jamie Floyd said, “they don’t need anything.” The dozen or so families have banded together, setting up a generator at the home of a diabetic woman who needs to keep her insulin refrigerated, and cooking at homes that have gas stoves. Plans were afoot to hold a block party last night to cook any remaining perishable foods.

In addition to the water, the Floyds carried news from the outside world, an account of the flooding and photos on their cell phones. “They were really hungry for news of the flood,” Jamie Floyd said.

A group of Stockbridge residents managed to traverse Mt. Hunger on a steep woods road with a four-wheel-drive pickup towing a trailer. They had loaded up with a couple of generators, several cans of gas and chests full of ice.

Jim Munyon, a Stockbridge firefighter, said he planned to take generators to homes in his neighborhood so people could run their refrigerators and freezers cold.

“We’re grouping together pretty well right now,” Munyon said, adding “I’m just doing what I can do.”

Stockbridge set up a shelter Sunday night at the Gaysville Community Church and 18 people stayed overnight. People have either gone back home or to stay with friends.

Route 107, the main road to Stockbridge, is still closed past the Bethel line, but Stan Stawicki and Steven Lowinski braved it on bicycles yesterday to fetch groceries from Bethel. Lowinski’s family came up from Massachusetts because they thought Vermont would be safer during Sunday’s storm. Now they’re marooned, unable to get their cars onto the road.

“We made a stupid move,” Stawicki said. “We didn’t bring one car out.”

The bike ride was essential, he said. Lowinski’s girlfriend turned 22 yesterday, “so we had to get an ice cream cake.” ”

Additional Comments:

Just to give/share credit where its due on what was a joint Club effort coordinated within hours, those 5 (actually it was 6) are part of our Club (Green Mountain Crawlers), not VJA. That particular group has been out every day & night since Saturday both helping preparing and with recovery, and have been on the news unnamed several times for what they have done there:

- created a new exit/entrance on the I89 – including bringing in a member owned tractor to ensure equal passage for all vehicles
- rescued a motorist caught in a flash flood
- able to clean existing trails to access 3 stranded communities (Rochester, Stockbridge, & Pittsfield) and were able to bring in supplies and provide people transport.
- assisted the Bethel & South Royalton Fire Depts in their efforts.

They will continue to be out there until no longer needed, thanked or not, most of which are taking unpaid time away from work to help. Just want to give them some thanks as well, even if its not making the papers.

I’m definitely proud to be part of the wheeling community in this State. Both VJA & GMC, as well as several VASA members deserve all the recognition given & then some. 

Matt, President, Green Mountain Crawlers

Old Florida RD is not any actively maintained road. In fact, it’s an ‘unmaintained’ road which is what makes it appealing to us in the first place. Unfortunately, by not maintaining it, the owners (the town of Florida) have made a decision to let certain aspects of nature take over. They didn’t give up their legal right to ownership of the road or it s ROW; they just decided not enough people were regularly using it to justify the expense of keeping nature off it regardless of how the wetland encroached and became the waterhole.

The wetland existing there is protected by statute in Massachusetts. There are buffer areas around it, vernal pool issues, etc. The road and its ROW are still legally present, but… use, maintenance, improvements, etc. are all subject to the regulations for the wetland.

How the wetland encroached upon the road would be irrelevant. If this were a town maintained road, there would be no issue. It would be a regularly-maintained, heavily-traveled roadway with a wetland on either side of it. Why either side? Because normal traffic operations would be impossible without having constantly maintained the roadway to keep it relatively dry and operable by average motor vehicles.

This is where the complications begin. In 1996 or 1997, Massachusetts wetland laws became even more strict and painful than they were previously. Regardless, for a public entity (who happens to own a road) to go in and perform maintenance within a designated buffer area of a wetland, they need to file papers (Notice of Intent, etc.) with the local conservation commission or superintendent or whatever. It’s a legally defined process today. It stems from not constantly maintaining the facility in the first place. It doesn’t mean it cannot happen. It doesn’t mean it’s impossible. It just means there is a legally-defined process to follow to address the situation

The following information was received from findings of an Environmental Impact Study contracted by the NEA. The information contains regulations and laws to consider that could be used against you if cited for wetland violations:

Wildlife

MA Division of Fisheries and Wildlife (MA DFW) regulations at 321 CMR 3.05 pertain to the ‘hunting, fishing, trapping, and taking of reptiles and amphibians in all counties of Massachusetts’. The Regulatory provision at 321 CMR 3.05(3) states that: ‘No person shall disturb or harrass or, except as authorized in a special educational or scientific permit from the Director, shall hunt, fish, trap, or take by any means any of the following species or their eggs or young:’ The spotted salamander is one of the 25 species of reptiles and amphibians listed and is found in abundance in the water hole. Although not defined in the DFW regulations, ‘take’ as defined in the MA Endangered Species Act regulations with respect to animals means: ‘to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct [321 CMR 10.02]

As previously stated, it is anticipated that vehicular passage though the water hole will result in the direct mortality of spotted salamanders, their young, and eggs. It is also anticipated that travel through this area during the spring and fall would be considered a disruption of the salamanders nesting, breeding, feeding or migratory activity.

Wetland

The water hole at Old Florida road constitutes a component of the vegetated wetland associated with Tower Brook Swamp and its tributaries. As such are subject to State and Federal jurisdiction. Accordingly and due to Old Florida Road’s presence within the greater Tower Brook Swamp it can be argued that the Old Florida RD acts more like a wetland and less like a roadway. Although the road is not officially declared ‘abandonded’, it is safe to say that Old Florida RD has not been subject to ‘everyday use and maintenance’; otherwise the water hole would not exist.

As set forth in the MA Wetlands Protection Act regulations at 310 CMR 10.02(2)(a), ‘…any activity proposed or undertaken within an area specified in 310 CMR 10.02(1)(a)[ie areas subject to protection under the Act] which will remove, fill, dredge, or alter that area is subject to Regulation under M.G.L. c.131 ss 40 [the Act]. ‘Alter’ as defined at 310 CMR 10.04 means ‘to change the condition of any Area Subject to Protection under M.G.L. c. 131 ss 40. Examples of alterations include, but are not limited to, the following:

(a)the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood retention areas;

(b)the lowering of the water level or water table;

(c)the destruction of vegetation;

(d)the changing of water temperature, biochemical oxygen demand (BOD), and of other physical, biological or chemical characteristics of the receiving water.’

My advice would be to turn around and not go through the water. I’m not saying you can’t but just giving posting the facts so you can make your own educated decision. If caught and ticketed for traveling through the water you could face massive fines for wetland and wildlife violations. The decision for NEA clubs and their members to turn around is still in place.

Current Developments

On the advice of Tim Wagner the NEA recently approached an Environmental Law Firm in Boston Massachusetts. Here is the question currently being pursued by an attorney; does the status of Old Florida Road as an unmaintained public right-of-way give the public the right to operate legally-registered motor vehicles along the layout, despite the presence of wetland resource areas and potential habitat of a state-listed species, or is such use prohibited where it would impact the habitat and/or alter the resource area.

The NEA has also been approaching companies to survey the center line of Old Florida RD. It is hoped that the actual center line will be near the water s edge allowing us to stay within the ROW and avoid the waterhole. Currently our closet starting reference point is over a mile away. Members of the NEA will be researching old documents, tax maps, and other information to find a closer reference point. Although this will be helpful we are not going to allow this to hinder our efforts. We are waiting for 3 estimates for the surveying and then the NEA will apply for grants from United’s Land Action fund and Tread Lightly to help defer the cost. Our goal is to put this to rest one way or another by mid summer 2006.

Results of the NEA4WDC Meeting with the Town of Florida 03/08/04 By Carl Merrick Tim Wagner did an excellent presentation to the selectmen and town manager last night. They are supportive of the 3rd initiative proposed by the North East Association of 4WD Clubs to block access to the waterhole and use the existing ATV bypass. Tim will be contacting DCR for the next step. ****IMPORTANT NOTE: At this time we do not have access to this ATV by-pass. PLEASE turn around at some point and DO NOT go through the environmentally sensitive waterhole.****

Concerns from Florida MA relating to OHRV operation in this area: · Ice cream/flat rock trail. Part of this trail is over DCR property. We need to cease use of this trail and convince others of that as well. · They would like to see an increase in self-policing. · Increased patronage of local businesses. · One of the selectmen has property in the area of some of the trails we operate on. One of his observations/concerns is the ‘long string of vehicles’ that pass by his farm. One thing we could do to alleviate this problem would be to stagger small groups leaving for trails. Not just in the Florida area but all areas in which we use trails. · Vehicles traveling over snowmobile trails in the winter. If the above concerns are noted in one geographical location, we can safely assume that it has been observed in other areas as well. Please do your best to support local businesses and be mindful of how we are viewed by local residents. Our ability to recreate in these areas has a direct correlation of how we are perceived while visiting. Please act responsibly.

File Attachment: OldFloridaRoad-StatusReport.PDF

In keeping with our goals of minimizing our impacts on the environment, we are instructing members and all motorized users of Old Florida Road to – not cross the water hole. We understand this issue is highly contested and we are making progress in developing a solution palatable to all involved parties. In the meantime, we thank you for your cooperation in this process and will notify all Association members of any changes or updates to this policy.

Well, Mother Nature has decided to make up for lost time this year. In recent years, by mid-April, we would have been out numerous times on trail rides and performing clean-ups, enjoying the springtime weather and watching nature spread her seasonal wings. This year? – Not so.

Winter is still swinging its fists in fits of rage across parts of western Massachusetts and southern New Hampshire. The plan for Old Florida Road is to begin our work once the snow melts and we can actually see the ground. Initially, we thought we’d be done by now. However, there’s still a bit of snow obscuring the terrain and hampering efforts to move forward. So, we wait. While I’d love to show you all a completed report highlighting our efforts to date, we have been patiently awaiting the sun’s ability to overpower “Old Man Winter”. It’s coming, and we’ll keep everyone posted when we can get to ground and study the situation. Thank you all for your patience in this endeavor.

Timothy M. Wagner
NEA4WDC Land Use Committee