The Vermont Agency of Natural Resources and the City of Rutland have agreed to settle a lawsuit in which the City challenged the Agency’s determination that Moon Brook fails to meet Vermont Water Quality Standards due to stormwater runoff. The City contended that the problem stems from heating of the brook, largely by Combination and Piedmont Ponds. In the settlement, the parties agreed to work on both issues, focusing on temperature first.
As part of that agreement the City has retained the services of Milone & MacBroom consulting engineers to evaluate alternative modifications to these ponds that could improve the water temperature and stormwater pollution situations. That study also includes a series of five public meetings to solicit input from parties interested in the future of these ponds and the streams. Please check this web page for information and documents associated with this study.
Combination and Piedmont ponds moving to final design
Between 2016 and 2019 the City worked with neighbors and others concerned about the future of Combination and Piedmont ponds to find a solution to elevated summer water temperatures in Moon Brook. The result of that process was a plan developed by Milone and MacBroom Engineers that was supported by the Vermont Department of Environmental Conservation and the stakeholders involved in the process. The City has secured $670,000 for the plan’s implementation and is seeking an additional $126,000 is state support to finalize the design and compete the permitting. The City has re-hired Milone and MacBroom to prepare the semi-final and final designs, complete the permitting and prepare the construction documents, potentially allowing work to begin in the second half of 2021. As has been the case throughout the process, the development of the final design will include outreach and engagement with landowners and other stakeholders. Specifically, there will be an initial kick-off meeting with representatives of the City and other project stakeholders; up to two (2) public meetings to share semi-final and final design information with participants of the previous outreach meetings, and private meetings with landowners directly influenced by the project to review details of the semifinal design. This next phase of public outreach will begin in January and conclude in April, 2021. Notices of outreach meetings will be sent directly to all parties involved in the planning process, posted to social media and on the City’s Ponds web page.
The fifth of five public meetings concerning the future of Piedmont and Combination Ponds was held:
Fifth Public Meeting Wednesday, May 29th, 2019
at Rutland High School on Stratton Road
This was the fifth and final public meeting of this process, although attendees were advised that one-on-one meetings were still available.
Agenda
7:00 – 7:15 Piedmont Pond – Welcome, introductions, and review of past information
7:15 – 7:45 Piedmont Pond – Review preliminary design
7:45 – 8:00 Piedmont Pond – Public comment
8:00 – 8:15 Combination Pond – Welcome, introductions, and review of past information
8:15 – 8:45 Combination Pond – Review preliminary design and dam safety analysis
8:45 – 9:00 Combination Pond – Public comment
The PowerPoint for the Piedmont Pond meeting is HERE.
The PowerPoint for the Combination Pond meeting is HERE.
Notes from the presentation and discussion are available HERE.
Fourth Public Meeting Thursday, November 30th, 2017
at Rutland High School on Stratton Road
This was the 4th of 5 public meetings to identify a preferred alternative for improving water quality on Moon Brook. Photo-simulations of the preferred alternatives at Combination and Piedmont Pond were presented.
Agenda
7:00 – 7:10 Piedmont Pond: Welcome and introductions
7:10 – 7:20 Piedmont Pond: Review photo simulations of alternatives
7:20 – 8:00 Piedmont Pond: Public comment on preferred alternative
8:00 – 8:10 Combination Pond: Welcome and introductions
8:10 – 8:20 Combination Pond: Review photo simulations of alternatives
8:20 – 9:00 Combination Pond: Public comment on preferred alternative
The goal of this meeting is to seek consensus on the preferred alternative to begin the design process.
The PowerPoint for the Piedmont Pond meeting is HERE.
The PowerPoint for the Combination Pond meeting is HERE.
Notes from the presentation and discussion are available HERE.
Third Public Meeting Monday, July 24th, 2017
at Rutland High School on Stratton Road
The third public meting was held on Monday, July 24, 2017 in the lecture hall at Rutland High School on Stratton Road. The agenda was set up to consider Piedmont first and Combination second:
Agenda
7:00 – 7:10 Piedmont Pond: Welcome and introductions
7:10 – 7:20 Piedmont Pond: Review modeling of alternatives
7:20 – 8:00 Piedmont Pond: Public comment on results
8:00 – 8:10 Combination Pond: Welcome and introductions
8:10 – 8:20 Combination Pond: Review modeling of alternatives
8:20 – 9:00 Combination Pond: Public comment on results
Consultants presented the results of stream temperature modeling for various options selected in the second meeting. Most of the options satisfied the temperature targets according to the model. Participants voted on which options should proceed to photo simulation.
The PowerPoint for the Piedmont Pond meeting is HERE.
The PowerPoint for the Combination Pond meeting is HERE.
A press release summarizing the meeting is HERE.
For more information call 802-773-1813
Second
Public Meeting February 23, 2017
The second public meting was held on Thursday, February 23, 2017 in the lecture hall at Rutland High School on Stratton Road. The agenda was set up to consider Piedmont first and Combination second:
Agenda
7:00 – 7:10 Piedmont Pond: Welcome and introductions
7:10 – 7:20 Piedmont Pond: Review values and objectives
7:20 – 8:00 Piedmont Pond: Vote on alternatives
8:00 – 8:10 Combination Pond: Welcome and introductions
8:10 – 8:20 Combination Pond: Review values and objectives
8:20 – 9:00 Combination Pond: Vote on alternatives
Participants reviewed with consultants their priority values from the first meeting, reviewed alternative plans that are consistent with those values, and voted their preferences on the alternatives.
The PowerPoint for the Piedmont Pond meeting is HERE. The handout for that meeting is HERE.
The PowerPoint for the Combination Pond meeting is HERE. The handout for that meeting is HERE.
A handout showing the results of the “values” voting from the first meeting is HERE.
First Public Meeting October 24, 2016
The first public meeting was held Monday, October 24, 2016 at 7:00 PM in the lecture hall at Rutland High School on Stratton Road. The PowerPoint presentation from the meeting can be viewed in PDF format HERE. Notes from the meeting are available HERE.
Attendees requested access to temperature data. Raw data and graphs of stream temperatures from 2006 through 2016 are available HERE. A 2006 map of Combination Pond depths and temperatures at depth is available HERE.
Settlement Agreements – City-ANR Lawsuit
The 2016 settlement agreement closed out the lawsuit brought by the City against ANR in 2012. It replaces an earlier one (2013) in which the City and ANR agreed to a process to evaluate the cause of the problem in Moon Brook. That process is described in the first three documents below and the detailed documents and final report are available at this link.
Rutland City – Agency of Natural Resources 2013 Settlement Agreement Press Release
Rutland City – Agency of Natural Resources 2013 Settlement Agreement
2013 Court Approved Motion to Dismiss
City-EPA Lawsuit
The City also filed a lawsuit against the US EPA. That lawsuit has been put on hold (“stayed”) for a period of five years in order to allow the City and ANR time to address water quality issues in Moon Brook. While either party can call for the lawsuit to proceed at any time, the hope is sufficient progress can be made so that the lawsuit need not proceed. The Federal Judge’s Order granting the City-EPA motion to stay is available HERE.
2012 Combination Pond Alternatives Analysis
In 2012 the City commissioned an analysis of options to reduce heating of the water at Combination Pond. The report of that study and supporting documents are available below.
Attachment 1 – City of Rutland Water Temperature Data
Attachment 2 – DEC Sediment Analysis
Attachment 3 – Property Owners Research
Attachment 4 – Survey Basemap 2011
Attachment 5 – Site Geomorphic Summary
Attachment 6 – Hydrologic and Hydraulic Analysis
Attachment 7 – Alternatives Analysis Conceptual Level Drawings (Color)
Attachment 8 – Alternatives Analysis Cost Estimate
Attachment 9 – Public Meetings Notice from Rutland Herald May 7, 2012
Alternatives Analysis Report December 2012 (Final)
Other Information
Power Point for presentation to Save Combination Pond Group, 11/5/2013
Save Combination Pond Group Presentation 11/5/2013