'Big Area of Potential Lead Poisoning' Could Close Gun Club

The state has issued a cease and desist order to the Hampton Rod and Gun Club after a significant amount of lead shot and shotgun wads were found in wetlands and running water on the property.

The New Hampshire Department of Environmental Services sent the letter on Dec. 3 after an Aug. 15 inspection determined that "at least 40,000 square feet of forested wetland and 275 linear feet of perennial stream had been filled or otherwise impacted as a result of shooting activities" on the property, located off Atlantic Avenue in North Hampton.

The club, used by local residents and the North Hampton and Rye police departments for range shooting and target practice, doesn't have a permit to deposit clay targets and spent ammunition and casings in wetlands or surface water because this kind of action violates environmental laws, according to NHDES.

NHDES "requests" in the letter that the club "Immediately refrain from shooting activities over and in wetlands and surface waters" that result "in the ongoing discharge of lead shot/bullets and or other wastes or pollutants." This could force the club to "cease" shooting activities "in some or all areas of the current range" to meet this request, according to the letter.

It isn't yet determined if and how local bodies of water and water supplies have been affected by the lead and shooting range waste, as those tests are among the several remediation actions and investigations NHDES plans to oversee.

North Hampton selectmen were extremely concerned Monday night after learning of the contamination, though. Selectman Larry Miller said the board and town "need to make sure DES is accountable to holding [the club] accountable" for any dangers to public health and safety.

"This is a big area of potential lead poisoning," said Miller. "I want to make sure we stay on top of this."

NHDES has also asked that the club submit by March 1 a plan showing conditions on the property and the various measures the club must take to correct problems revealed by investigations into the impacts to soil, surface water, groundwater and sediment "in and around the target range and the pistol/rifle range" at the club.

Town Administrator Paul Apple said the town is "watching this carefully," especially since the response from the club and whether the club is openly working with NHDES is "not clear."

The club couldn't be reached for comment after Monday night's North Hampton Select Board meeting.

Apple also said there are "weaknesses" in the wording of the letter. The state typically uses the word "shall" in cease and desist letters, although the letter submitted to the Hampton Rod and Gun Club uses the word "requests," which Apple said raises several questions.

The choice to use a softer command in the letter could have to do with the fact that NHDES may be trying to work with the club's property owners before taking swifter action. Apple said the town often uses that kind of collaborative approach.

Jim Maggiore, chairman of the select board, also mentioned that may be the rationale behind not using the word "shall."

"[It seems to me that] they're leaving open the potential that they're looking for everybody to agree on this, and if they don't they 'shall' go in and look for action," said Maggiore.

It wasn't clear Monday when the initial complaint was filed with NHDES, although Miller said during Monday's meeting that he had "some consternation that it took a year after the original complaint was filed" to come to selectmen's attention.

Apple said this likely has to do with recent reductions in the number of personnel in NHDES' enforcement bureau. He said the wait in this particular instance of potential health hazards is a prime example of "what service-level reductions mean" for any entity looking to cut its budget.

"I think it's important for people to understand [that]," said Apple.