Simsbury, CT - Conservation Commission Minutes

Chairman Richard Miller called the Regular Meeting of the Conservation Commission/Inland Wetlands and Watercourses Agency to order at 7:30 PM in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Commissioners Margery Winters, Margaret Sexton, Darren Cunningham, Nick Zackeo, and Donald Rieger, Jr. Also in attendance were Howard Beach, Conservation Officer and Alison Sturgeon, Commission Clerk.

a. Application of Federic Jardinico, Applicant, Dyno Nobel, Inc. – Owner, for an Inland Wetlands Permit relating to the closure of two abandoned landfills within the regulated area to a wetland on property located at Dyno Nobel, Inc., west of 660 Hopmeadow Street. (Map F12, Block 103, Lot 5C)

Timothy Sullivan, Wetland Scientist, stated that this application is for the closure of two landfills. He showed the Commission a map depicting the upper and lower landfills. He stated that the landfills are currently filled with debris from the facility and municipal solid waste (i.e. plywood, metal, vehicles). The wetlands are in close proximity to these landfills. The upper landfill is on top of a 40’ cliff area with a wetland at its base. The lower landfill is a filled wetland; the wetland line is completely around the toe of the slope.

Mr. Sullivan stated that the proposal is to consolidate debris on the lower landfill. This area contains a great number of empty cans that once contained black powder. There are also pieces of large debris in the wetlands and the surrounding upland areas. They will then be pulling the slopes back to make it stable, and then come in and cap both of the landfills. He stated that there will be some wetland impacts of approximately 2,000 s.f. in order to complete the cap. This number has been scaled down from 7,500 s.f. Regarding the habitat, both of the landfills are cleared on top, although there is a lot of Japanese Knotwood and a few Birch trees. They will be clearing the Knotwood out. Also, there will be an erosion control barrier around the worksite, which will remain there for the duration of the work.

The Geologist stated that in order to cap these landfills, they need to get a variance from the DEP for the polluted soil. This is the regulatory mechanism under which they are proceeding. They are getting State approval regarding these closures. They already have the DEP’s preliminary approval, and the DEP is currently reviewing the closure plans. He reviewed the pollutants and contaminants that are in the soils on the site. He stated they have detected lead, zinc, barium and low levels of tetrachloroethylene. The Commission continued to discuss the contaminants.

Commissioner Sexton questioned if the applicant would be removing the vegetation on top of the landfills in order to put the barrier in place, and then re-vegetate that area. Mr. Sullivan stated that they would be re-vegetating with a seed mix in order to stabilize the erosion control, although there would not be any woody vegetation so there would not be any roots infiltrating through the geo-textile liner. Commissioner Rieger questioned what the life expectancy of the geo-textile liner was. The Geologist stated that it had a life expectancy of a minimum of 30 years.

Chairman Miller questioned if there were any vernal pools in this area. Mr. Sullivan stated that there is a stream that drains in the area, although he has never seen a vernal pool. Mr. Beach stated that the map shows Stebbins Brook starting at the toe of the slope.

Commissioner Winters stated her concerns regarding the Japanese Knotwood and how the applicant is proposing to get rid of it effectively in order to have a working cap. She stated that this is the kind of plant that just won’t die. If any piece of the plant is left behind, it will jeopardize the cap. Mr. Sullivan stated that they will be using a ½” thick liner, which Commissioner Winters disagreed would be enough. She does not feel that this will be adequate. She also questioned if herbicides would be used. Mr. Sullivan stated that if the Commission does not feel that the liner will be adequate, then they may need to use herbicides. Commissioner Winters stated that she would not feel comfortable with herbicides so close to the wetlands.

Regarding the timeframe, Mr. Sullivan stated that they still need to go out to bid after they get approval from the DEP. They would like to start work mid-summer. The work should only take approximately 4-6 weeks.

Commissioner Winters questioned how the applicant would be bringing the cap materials to the site and where they would be storing it. Mr. Sullivan stated that the liners are on big rolls and they will need to bring in soil by truck. He believes that they will be bringing it in one dump truck at a time because there is no room on the site to store it, although he was unsure of how much soil would be needed. He stated that he would get this information to the Commission.

Commissioner Winters questioned what kind of seed mix they would be using. Mr. Sullivan stated that they would first be using an annual rye or something similar to get the area stabilized and then a native seed mix. Commissioner Winters stated that she would like to see the seed mix be a native New England seed mix.

Commissioner Winters motioned that this is a regulated activity because the activity is adjacent to the wetland and there is concern regarding soil erosion. Commissioner Sexton seconded the motion, which was unanimously approved.

Commissioner Winters motioned that this is a significant activity because: 1) the size of the project; 2) the potential contamination of the wetlands and the potential for erosion into the wetland; 3) the amount of excavation and fill in close proximity to the wetland; 4) there are no reasonable or prudent alternatives. Commissioner Rieger seconded the motion, which was unanimously approved.

Commissioner Winters motioned that the permit be granted with the following conditions: 1) there shall be no stockpiling of material outside of the erosion control area; 2) that a New England plant seed mix be used to stabilize the soils after the Rye mix; 3) there shall be long-term monitoring for Japanese Knotweed and other woody invasives on the site; 4) the applicant shall wait to start the construction until the summer months; 5) the Town shall receive a copy of the DEP monitoring reports of the site. Commissioner Cunningham seconded the motion, which was unanimously approved.

a. Application of Vera H. Bruun, Applicant, for an Inland Wetlands Permit relating to a two-lot re-subdivision of property within the regulated area to a wetland on property located at 14 Weatherly Road.

Regarding the PDD, Mr. Beach stated that he did speak to Mr. Peck about this Commission’s concerns regarding the issues that they wanted to see included in the PDD, which were not included in the draft PDD. Although Mr. Peck had stated that this was a general document, he did anticipate that this information would be included. Mr. Beach then explained the PDD process.

The Commission discussed the Joint Meeting regarding the Charrette. Commissioner Winters stated that she attended the meeting and thought it was an informative meeting. She stated it was nice to know up front what the Town is looking for, which is much better for a developer to know also. She feels that the more that is written on paper, the stronger the Town’s position would be.

Mr. Beach stated that the Charrette, although not voted down, was not sent forward. The Commission continued to discuss this issue. Chairman Miller stated he would like to land use Commissions to come together for a presentation from NEMO regarding the impacts on impervious coverage, LID techniques, water quality, etc.

Chairman Miller stated that the Connecticut Conference of Natural Resources will be held soon. He stated that he attended these workshops last year, and they were very informative. He encouraged the Commissioner members to go.