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A view of Jaiden Landscaping's gravel pit May 20 at 1104 Hallowell Road in Durham. (Libby Kamrowski Kenny/Staff Photographer)

Durham officials issued a stop work order to owners of a gravel pit they say has expanded beyond its permitted area after numerous complaints by neighbors.

The order to Jaiden Landcaping of Brunswick was issued May 7 by the town’s code enforcement officer on the business’s gravel pit at 1104 Hallowell Road.

Neighbors have raised several concerns including the growing size of the gravel pit and it’s impact on wildlife and possible degradation of a nearby aquifer.

Jaiden Landscaping was issued a conditional use permit about four years ago from the previous code officer, according to current code enforcement officer Calvin Beaumier. The conditional permit allowed for the mining of gravel on 5 acres of the property, he said, noting owners exceeded that amount, prompting the stop work order.

On May 21, Beaumier said, the town’s attorney, Town Manager Jerry Douglass and Beaumier drafted an amended stop work order agreement that allows Jaiden Landscaping to move and or load material that was stockpiled on the permitted 5 acres. It is good through June 4.

Meanwhile, a consent agreement is being drafted by the town attorney, Beaumier said. If an agreement can be worked out between the town and the owners, it will avoid going to court.

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Jaiden Landscaping had submitted an application to the Durham Planning Board to expand the acreage that could be mined, but it was deemed incomplete.

Emma Pooler, an attorney for the company, said in an email that Jaiden Landscaping is committed to compliance with all ordinances and regulations.

“We are in active and productive discussions with the town of Durham to resolve the stop work order and are following the stop work order,” she wrote. “There is no current litigation between Jaiden Landscaping and the town, and we do not anticipate the need for litigation.”

Pooler noted the company, which is owned by Jon Snell and his family, plans to submit additional materials to the town’s planning board soon.

Jaiden Landscaping’s gravel pit at 1104 Hallowell Road in Durham is seen May 20. (Libby Kamrowski Kenny/Staff Photographer)

The company will also submit more information to complete an application to the Maine Department of Environmental Protection that was submitted earlier this month, Pooler said.

According to information provided by David Madore, Maine Department of Environmental Protection deputy commissioner, after Jaiden Landscaping owners expanded the gravel pit beyond the permitted size, it sought a DEP variance to the original permit, dated May 5.

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Madore said in an email that before the variance can be approved, several issues must be addressed and approval may include specific conditions.

Neighbors have raised concerns about the expanded gravel pit, contacting the town and reaching out to media.

Neighbor Kimberly Post and others wrote to the town’s attorney, Kristin Collins, saying the “town’s own chronological record” shows repeated complaints about the gravel pit operation and town enforcement steps going back nearly a year.

“We are not willing to watch the town negotiate away our rights and property values to reward that behavior,” Post wrote in an email to Collins, signed by herself and more than 30 residents.

“Residents are not asking the town to prevent a lawful business from operating,” the email continued. “We are asking for verified compliance with existing permits and state environmental standards before operations continue, and for meaningful public input before any agreement that governs long-term operations and reclamation.”

Beaumier acknowledged knowing about “a handful” of complaints about the pit, which he said was under different ownership over the years. Beaumier has been the town code officer since March.

Regarding one of the neighbors’ concerns about the possible degradation of the aquifer under the gravel pit, Beaumier said the law allows for pits to be mined to 5 feet above the water line. Jaiden Landscaping is well above the limit, he said.

Donna M. Perry is a general assignment reporter who has lived in Livermore Falls for 30 years and has worked for the Sun Journal for 20 years. Before that she was a correspondent for the Livermore Falls...

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