Concord – December 12, 2008 – In a sweeping Administrative Order, the New Hampshire Department of Environmental Services has ordered Ossipee Lake Marina to remove its docks from the lake within 10 days and apply to the State for approval to put them back in the water next year.
The Administrative Order, which was issued on December 9 and signed by Harry Stewart, Director of DES’ Water Division, charges marina owner Kevin Price with illegally changing the location and size of the docks and increasing the number of slips without required State approvals.
Before the business can put docks or boats back into the lake, it must bring the structures into compliance with State regulations, according to the document.
DES said it discovered the violations after Price hired a landscaping company to build a shoreline retaining wall in August 2007. State officials said the plans submitted to DES by the landscaper contained a survey by White Mountain Survey Company showing docks that were substantially different from what was in place when Price purchased the property in 1997.
In June, DES sent an inspector to the site who found the marina’s three boat docks had been rebuilt to be larger and have more slips, and that the fuel dock had been similarly expanded. The agency said it has no applications on file for the work. The inspector further reported that the business had eight boats berthed along the shoreline of an adjacent lot.
1988 Court Order Cited
State officials said the marina’s scope of operations is governed by a 1988 court order that limits the business to 66 slips and establishes the location and dimensions of the boat docks and fuel dock. The court order, which formed the basis of a DES Wetlands Permit to operate the business, ended a protracted lawsuit between the State and a previous owner, who had failed in his attempt to sell “condominiumized” boat slips.
The DES inspector’s June report stated there were 78 boats docked at the business, and the docks were nearly double the approved width. The inspector further found that all three docks were between 24 feet and 32 feet longer than their approved length and had been relocated up-river from their established location.
In its Administrative Order, DES said Price submitted a letter about the landscaping project to the agency in April that “demonstrates knowledge” of the 1988 Wetlands Permit that governs the operation of his business.
Gas Tanks Also at Issue
DES says it has other issues with the marina.
In a separate action, the agency’s Oil Remediation and Compliance Bureau has cited the business for violations involving the above-ground storage tanks that supply gasoline to the fuel dock through underground lines.
In a written report, the agency said the marina does not have leak monitoring equipment for the system, and is not in compliance with State standards for secondary containment in the event of a leak.
In a July 10 letter, DES said the business “is not currently eligible for reimbursement of cleanup costs incurred should a spill occur at your facility.”
The Bureau also reported that registrations for the gasoline storage tanks and storage areas were “out of date and inaccurate,” monthly inspections were not being conducted and documented, and a “high level alarm” for the system was inoperable.
In a Letter of Deficiency, the Bureau said the business could be fined $2,000 per day if it fails to bring the fuel delivery system into compliance.