CHESTERVILLE — The Planning Board on Tuesday approved a waiver to the town’s Water Quality Ordinance that will allow gravel extraction below the groundwater table.

In 2012, Castonguay Sand and Gravel, owned by Adam and Susan Castonguay, applied to the Maine Department of Environmental Protection for a variance to excavate gravel below the groundwater table on their land between Dutch Gap and Besson Pit roads. It was approved in January 2015.

In November 2013, voters approved the Water Quality Ordinance, which prohibits mineral excavation within 5 feet of the high-water table without a waiver. 

The Castonguays submitted a waiver application to the Planning Board in July 2015. 

Waivers to the ordinance may be granted if undue economic hardship would occur under the rule, provided public health, safety and welfare is not compromised.

A public hearing on the waiver request was held last month. Some residents expressed concerns, while others supported the project.

The Planning Board also scheduled a work session to review the request. 

Board members agreed Tuesday that both conditions needed for a waiver had been met and voted 5-0 in approval. Robert Leso, an abutting landowner, recused himself from the vote. Acting Chairman Gregory Soule also did not vote.

Before approval, the board reviewed possible conditions to attach to the waiver. Fourteen conditions were approved and are now part of the waiver.

Conditions restrict the type of equipment used for digging; require the use of biodegradable fluids and lubricants in equipment used below the water table; stipulate where fueling and normal servicing, as well as emergency repairs are to be done; and detail slope specifications during the mining and once extraction is completed, among other things.

The waiver is not transferable; only one pond, not to exceed 8.1 acres, rather than multiple small ponds, will be permitted. The waiver will become void if the DEP finds the operation doesn’t meet its standards and the permit is revoked.

“I can almost guarantee this will be appealed,” Soule said.

Adam Castonguay said he didn’t plan to do any digging until next spring, depending on the drought.

[email protected]