The issue is complicated by internecine conflict within the tribe, which makes it difficult to determine who is responsible for the activity, and by the very ownership of the land, which, as a state-recognized Indian reservation, falls under the stewardship of the state Department of Environmental Protection (DEP). The DEP has refused to take action to correct the activities, saying the Schaghticoke tribe must clear up its leadership issues before it can intervene.
Three factions of the tribe are involved: The Schaghticoke Tribal Nation, headquartered in Derby but calling the reservation its natal home; and two splinters of the much-smaller Schaghticoke Indian Tribe, a number of whose members live on the reservation. All three groups claim ultimate leadership of the tribe. One of the factions, led by Gail Harrison-Donovan, has authorized Mickey Rost, a non-Schaghticoke, to work on the land, removing trees and rock and cutting roads up the hillsides, ostensibly in preparation for construction of a convention center and hospice.
The other SIT faction, led by Ms. Harrison-Donovan's brother, Alan Russell, and members of the STN object strenuously to what they call the desecration of their homeland. They have been trying for a year to get officialdom to intervene, but it was not until this spring that the Inland Wetlands Commission took the leadership role the DEP has eschewed and arranged a site visit.
It discovered that many trees were removed, that recently excavated dirt roads cross streams and that there are other unpermitted activities in regulated areas. It issued a cease-and-desist order to Ms. Harrison-Donovan and Mr. Rost and included the DEP in that order because it has responsibility for the land. It later held a show-cause hearing.
Inland Wetlands Commission chairman Lynn Werner attended Tuesday night's meeting of the Board of Selectmen to say that mining and logging activities have continued on the reservation and that it is time to go to court. She said the legal costs to the town could be significant and that the commission does not have a legal fund to address this. She asked for the selectmen's imprimatur to continue.
Ms. Werner said she is "having conversations" with the DEP about its role. Normally, when there is a violation of local regulations on DEP-controlled properties in Kent, the state supports local action. To date, no such support has been offered.
"Their response to us was, 'When [the Schaghticokes] solve their leadership problem, we'll step in,'" said Selectman Bruce Adams.
"[Town counsel Jeff Sienkiewicz] was pretty clear," said First Selectman Ruth Epstein. "We all said the same thing: we can't have someone waving away our regulations. I think we need to ... financially support the cease-and-desist."
If the issue is decided in court in favor of the town the defendants could be required to restore the property to its original state, which could cost thousands of dollars.