April 12, 2006

From: George E. Smolka, 337 S. Griffith Blvd., Griffith, IN 46319

To: Mr. Marty Maupin, Office of Water Management, IDEM, 100 Senate Ave., INDPLS, IN 46206

Dear Marty:

It has come to my attention that Mayor John Costas, of Valparaiso, wants to fill in, or modify 3 wetlands at North Hampstead. This despite the fact that his mismanagement has already severely impacted three lagoons adjacent to Flint Lake due to uncontrolled and inadequately controlled run off, is impacting Flint Lake to a yet undetermined extent; and has not yet put adequate measures in place to fix the problems he has.  It is clear, to anyone with even the most remedial understanding of ecology, that continued siltation into a self contained lake with minimal water exchange will have a deleterious effect on the aquatic biota therein, may cause permanent damage with reduction in biotic diversity and compromise the robustness of the lake.

This new request will now compound the problem by destroying the few remaining natural wetlands which are slowing the runoff, modulating the silt migration and retarding the degradation of both the construction site and the Flint Lake biotope.  It is my considered opinion that Costas is already in violation of the tenants of his previous 401 permit(s) for his construction site, in view of the fact, that three water bodies have already been impacted by silt, and Flint Lake is continuing to receive the fine overflow particulates.

Clearly neither Costas nor his construction chief, Robert Coolman have any real intention of stemming the flow or they are so incompetent as to be unable to rectify the problem. This state of affairs calls into question whether such persons should be 1. Allowed to continue their damage or 2. Granted any further variances to mismanage yet again.I therefore respectfully request that the status of his outstanding 401’s be reviewed, that they be suspended, until the violations are repaired, and no new permits be issued.

No doubt you are now of the opinion that these are the demented ravings of a hot head. Therefore allow me to show you that these opinions are based on evidence, not hearsay.
 
On March 23, I and an associate, visited Flint lake and adjacent lagoons, sampled all four water bodies, inspected the environs, and noted the water flowing into the water bodies. We noted its color, its direction, and the visible plume it created from the mouth of the creek, to some 70-120 meters (estimated) into Flint Lake.  Turbidometric analysis was then carried out on the samples with a Hach Turbidimeter and the results recorded in NTU’s (Nephalometric Turbidity Units). The
ranges were from 5 NTU’s to more than 458 NTU’s (some dilutions were required for the highest samples since the instrument has an upper limit of 200 NTU’s). The majority of the flowing water samples had high readings; the only low reading was obtained from an unimpacted portion of Flint Lake. In the weeks following the sampling, the separated stored samples have been left undisturbed and inspected occasionally. SOME OF THE SAMPLES STILL SHOW SUSSPENDED MATERIAL, whereas most have settled out!

No active macro invertebrates of any sort were found then or on subsequent inspection or analysis in any of the samples or the bottom sediments sampled (to a depth of 6 to 8 cm benthos) for this purpose.  Normally, as you know, several orders of macroinvertebrates are quite active at this time of the year including the insect larvae of Trichoptera, Megaloptera, and Diptera as well as a select plethora of Crustacea, in many orders. There were not even a few oligocheatae, or Nematoda, which is quite unusual. These findings of no active animals could very well be the result of several indeterminable factors, and should not be construed as definitive; however, absolutely no active zooplankton or macroinvertebrates is unusual.

My associate and I were later informed that sluice gate controlling run off from the construction site was forced closed by the local water conservancy authority and therefore the silt we measured represented only re-suspended material washed down by the rain event of the previous day.  This implies that the daily run off, during a rain event, is even more horrendous than we measured.

Furthermore, a clear conflict of interest exists in this situation. As mayor of Valparaiso, Costas has the responsibility to protect the property rights of the town’s citizenry, as well as the responsibility to see to it that activities in the town do not violate the rights of property owners outside the town. As the owner of North Hampstead, he is the PRP of any damage caused to property along Flint Lake and he is derelict in his duty as mayor by not adequately controlling the owner,
himself. Could there be a more egregious example of the fox watching the hen house?

Degradation of the lake, and lagoons (all of which are private property) must eventually affect the value of the adjacent properties and I think opens both IDEM and Costas to legal tort action by one or more interested parties.

In view of all of the above, I again respectfully request that this damage be stopped, no new 401 permits be issued, and existing permits be suspended and reviewed.

Sincerely yours,

George E. Smolka   
  
P.S.  A computer problem makes it impossible for me to attach appropriate attendant documents at this time. I will scan and forward these to you within a few days when my main computer is repaired.  A hard copy of this transmission will be sent forthwith to your attention as a confirming letter.

It has been made known to me that the smallest wetland at Hampstead for which a 401 is requested has already been destroyed.