Conservation Commission / IWWA Minutes 04/07/2015
CONSERVATION COMMISSION/INLAND WETLANDS &
WATERCOURSES AGENCY MINUTES
APRIL 7, 2015
REGULAR MEETING
I. CALL TO ORDER
Chairperson Margery Winters opened the Regular Meeting of the Conservation Commission at 7:30 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were Patrick Spaulding, Jim Morrison, Phil Purciello, Margaret Sexton, Donald Rieger, Donna Beinstein, and Andrew O'Connor. Also present were Rachel Blatt, Assistant Town Planner; Michael Glidden, Code Compliance Officer, Janis Prifti, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairperson Winters appointed Commissioner Beinstein to serve as the alternate for Darren Cunningham.
III. PUBLIC HEARING(s)
1. Application #15-04 of Michael Palmer, Agent; Metacon Gun Club, Inc., Owner; for re-grading and construction of safety barriers in a wetland on the property located at 106 Nod Road (Assessor's Map G17, Block 110, Lot 005). Zone R-80. (received 03/17/2015; public hearing must open by 05/21/2015)
Application #15-04 was read into the record.
The Applicant's attorney noted that all of the project site property is State wetland with all proposed activities occurring within the wetland; safety proposals for the property include: 1) re-grading the existing shooting range; 2) establishing surface material in the existing overflow parking area; and 3) installing a permanent safety wall to replace a temporary wall. The attorney indicated: 1) an Army Corp of Engineers permit has been obtained for the project, and in conjunction, the Gun Club has established a 15-acre conservation easement with periodic monitoring/reporting to Army Corp; and 2) a Section 401 Water Quality Certification has been obtained from the State. The attorney provided for the record CVs for professional team members.
The club officer managing the project discussed the three project proposals dealing with management and safety of club operations. The officer noted they propose 1) grading the outdoor range to relieve water ponding and management of lead in line with environmental agency best practices; 2) establishing a permanent safety wall to the range south, as requested by the Town's safety consultant, who was also hired to design/replace the wall; and 3) to stabilize an area of the north field to increase parking from 28 existing places which are frequently overflowed, with lighting added for safety.
The Applicant's engineer described the 5-parcel, 137-acre site map with the 35.6-acre project site in light green having about 1300 feet of frontage and 1100 feet deep. The engineer provided a Sedimentation and Control Plan showing the grade, location of the firing line, backstop to the east, and the firing range; they propose filling from zero at the firing line to about 2 feet at the backstop with grading sheet flowing to the north and south at about 2 1/2 feet/second. The engineer indicated they would first install perimeter controls using a geotextile silt fence with turns, as recommended by their soil scientist, in order to keep wildlife contained within the wetland area. The engineer noted in the next phase they would strip existing top soil in the firing range area beginning with the northern half which would be stockpiled on the northern side of the range, followed by the southern half; by means of a temporary access road as the shortest route on the northern side of the firing range with a natural berm, the material would be stockpiled with 6 ml. plastic underneath and on top of the potentially lead-containing soil to secure it, allowing impounding any water and containing the material within the firing range with an existing safety wall aiding impounding the soil and preventing runoff from migrating directly into the wetlands; outside of that area a geotextile silt fence would be located on the southern portion. The engineer indicated as they work their way down the field, the top soil will be replaced and the area loam seeded and mulched for stabilization. The engineer noted when excavation is complete and top soil replaced, the final phase would be re-grading and adding reclaimed processed aggregate in the existing overflow parking area; the grading would sheet flow all water to the east with a water quality swale along the east parking lot edge down into the field and ultimately to a very flat low basin area which would flow water very slowly into the wetlands. The engineer described the proposed safety wall with chevrons; the heavy line indicated the location of small underbrush with small selective clearing planned, hand dug, and no heavy equipment needed to install the safety wall.
The Applicants soil scientist reviewed that wetland boundaries were marked, wetland functions and values were assessed, effects from proposed safety improvements were determined and feedback was provided to improve the design and necessary impact mitigation measures. The scientist looked at the larger Farmington Valley flood plain area noting the lowland site location; and photos of the area were described and provided to the Commissioners. The scientist noted the area where the subsoil is coming from is a mowed hayfield without wetland hydrology; no work would occur in the typical wetland area of the site; temporary disturbance of areas without typical wetland conditions followed by restoration to the existing conditions represents a simple project. Outside the proposed work area, the scientist indicated areas north of the range (Figure 3) dominated by herbaceous material, wooded wetlands in other areas, and marshy areas deeply ponded at certain times; their detailed surveys revealed no endangered wildlife species present, no classic vernal pools and no potential amphibian breeding areas in the project area (flat crosshatched). Regarding functions/values of the wetland system, the soil scientist indicated the main function is flood storage in the proposed work area; no work would occur east of the existing tree line.
The soil scientist reviewed that all the work would occur in areas regularly maintained by the club; no native wetland habitat would be disturbed; the work area would be restored following completion of the work and continue to function as before; the range would be slightly higher and the field slightly lower; the project has been designed to utilize onsite materials slightly increasing flood storage by 84 cu. yds. located within moderate/well drained soils. The soil scientist felt the area was ideal with only short-term impacts, no forest cut down, already regularly mowed, and recommended an exclusion barrier. The soil scientist indicated the ideal time to perform the work would be August/early September; however, since there may shortly be turtle nesting activity in the area with fall hatching, they would put up the exclusion barrier with returns first, sweep the area to assure no trapped turtles for this season; and once the area is re-stabilized with a conservation mix, it would be returned to previous functions; soils are sandy to a significant depth and removal of 6 inches maintains that profile.
In conclusion, the soil scientist indicated minor safety improvements have been proposed at the shooting range, as well as overflow parking area improvements/safety; the work involves removing soil from a dry hayfield to to the outdoor range maintained primarily as a mowed lawn for many years, the only principle function in the disturbed area would be flood storage which eliminates any adverse flooding impact with a small increase in flood volume storage.
Regarding invasives on the site, the soil scientist noted there are none in the proposed work area.
The Applicant's representative indicated the work would take 2-3 weeks, but they need 2 dry weeks. The soil scientist indicated any flooding at this site provides advance warning with low velocity. The Commissioners discussed the silt fence location and providing the turtles with some additional nesting area; the Applicant agreed it was a great idea to move the silt fence further from the wood edge. Regarding addressing lead in the soil, the Applicant's representative indicated they spoke to DEEP which still relies on the EPA's Best Management Practices; DEEP's standards for shooting ranges come into effect after the life of the range is over, but not while the range is active; they did not believe the Transfer Act applied. Regarding a permit for soil staging, the Applicant's representative reviewed it is not required if the activity is completed within 45 days, and they anticipate completion within far less than 45 days. The Applicant's representative noted the soil stockpiles would be covered with plastic as soon as they are created and would be managed following DEEP guidelines. The soil scientist indicated the work would take place when ground water is lowest and dewatering is a standard detail required by the erosion/sediment control guidelines; soil would not be removed at the water table. Regarding the size of lead, the Applicant's representative indicated it is primarily fragments with some potentially finer particles; additional health/safety practices preventing dust from entering the wetland were addressed on C3-4 of the submitted packet demonstrating the usage of the protective plastic - there concern was more about the soil drying out enough, rather than dust, and a water truck could be utilized if there were dust. Regarding being in compliance with EPA best practices, the Applicant's representative responded that maintaining the range under best practices is the most important thing they do on a yearly basis to keep soil ph. at the 6+ range, which is difficult; they also gather loose lead, especially at the berm area, which is impacted up to 17 inches with the area churned from shooting into it and bullets exposed; so they sift surface soil primarily at the berm and some in the range with the reclaimed lead sold; the amount of hazardous berm lead is professional assessed every 3-5 years to determine whether it should be removed. The representative indicated there is very little lead in the range floor, which is the area being dug up; the soil could be sifted to remove the lead in the future.
Chairperson Winters invited public comment.
Wanda Coleman of 14 Main Street Extension, Tariffville, asked about trapping the lead before it becomes powder or tiny fragments. The Applicant's representative responded that the berm's main purpose is to trap and contain the lead. Town Staff read a letter from Robert E. Petrucelli of Folly Farm into the record (See Attachment 1). The Applicant's attorney indicated there had been extensive litigation involving Mr. Petrucelli with extensive Town, State, and Federal involvement, in which Metacon prevailed and believed the issues are not relevant to this Application. The Commissioners noted ground and surface water are a continuous source that impacts wetland areas. Tom Riboski of 3 Maureen Drive emphasized maintaining higher ph. is important in that it prevents lead from degrading and generally Farmington Valley soil has a higher ph. with its sandy soil.
Commissioner Rieger made a motion to close the Public Hearing.
Commissioners Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is a regulated activity as it involves removal and deposition of material and construction in a wetland.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that it is not significant activity in that it should have no evident detrimental impact on the wetland, it does not involve activities in sensitive habitat areas, and it incorporates appropriate protections.
Commissioner Morrison seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the permit subject to the condition that the silt fence be nudged a little bit to accord some nesting room for the turtles with the inclusion fence in place before the turtles start nesting, and that the timing and other aspects of on the ground work be closely overseen and agreed to by Town Staff
Commissioner Morrison seconded the motion, and it was passed unanimously.
IV. DISCUSSION AND POSSIBLE ACTION
1. Simsbury Meadows Master Plan
The Commissioners discussed a recent 5 p.m. public meeting on 3/25/2015 to discuss the Simsbury Meadows Master Plan with invitees including the Economic Development Commission, Performing Arts Commission, Open Space Committee, and a representative from the Conservation Commission participating in its advisory conservation function. A consultant is updating a 10-year old proposed Master Plan which would come before the Conservation Commission under its regulatory authority. Town Staff indicated the Plan area includes the PAC, Water Pollution Control Facility, Boat House, and runs along the Farmington River to Drake Hill Road, and possibly Old Bridge; online slides have been posted and there is an SCTV video of the meeting; future meetings are anticipated.
Town Staff indicated the BOS has expressed preference for locating the Senior Center at the PAC, and has requested Commission participation early on in evaluating environmental impacts, particularly regarding rookery and nesting areas in the Meadows. The Commissioners noted the economic development emphasis and discussed the importance their early evaluation of site issues prior to substantial funds being invested in a plan; an option without fair grounds and who would utilize it; in the previous proposed Master Plan a number of fields were proposed that may no longer be needed; is a 200-space impervious parking lot needed. A draft advisory letter to the First Selectman from the Commission discussing initial conservation matters was reviewed; the Commissioners noted Wetland jurisdiction of the site when details become available. The Commissioners reviewed that another Senior Center location was decided against because of unknown soil contamination risk prior to Town purchase of the State-owned property, and the Charrette indicated mixed use residential development as a primary use. Town Staff noted there is a great deal of information unknown at this point and this site is the starting point; a Master Plan Selection Committee would include a representative with wetland expertise from the Conservation Commission and early wetlands mapping. The Commissioners noted that a Senior Center would necessarily have paved parking areas. The Commissioners emphasized expressing to the BOS their need to be more involved in the process for all similar Town projects, including presentations to the Commission.
Commissioner Rieger made a motion the Commission adopt this Draft letter as its own and authorize its signing and delivery.
Commissioners Spaulding seconded the motion, and it was passed unanimously.
The Commissioners noted for further discussion: 1) that the dirt driveway connecting the end of Wilcox Street behind the Dog Park interrupting Helen's Way might become the PAC main entrance; and 2) the parking field to the east of the band shell put in during the same 2004-06 timeframe appears to have increased in size. Town Staff will look into the process/minutes for these two permits.
V. RECEIPT OF NEW APPLICATIONS
Town Staff noted an administrative approval for a deck built in year 2000 about 85 feet from a wetland, but the review area was 75 feet at that time; a building permit is being resolved.
VI. CORRESPONDENCE/ANNOUNCEMENTS
Town Staff indicated there were four Aquatic Pesticide Permit Applications on small ponds on private property received for Hopmeadow Country Club, Whitman, Kahn Road, Ferry Lane and Linda Lane; boats would be carried in with no heavy equipment used; pesticides used would primarily control algae, and also duckweed, water lilies, water meal, etc. The Commissioners noted potential wetland impacts and invited a Town presentation to the Commission on herbicide controls utilized near wetlands.
Town Staff noted the Tootin Hills PTO proposed Duck Race at the Flower Bridge coming before the BOS with carnival events at Old Bridge, including a dunk tank with appropriate removal of its chlorinated water; volunteers would keep people off the very steep river slope.
Town Staff participated in an enjoyable Frog Friday walk focused on youth involvement which will take place every Friday until May.
VII. APPROVAL OF MINUTES of March 17, 2015 Regular Meeting
On Line 62, the first "was" is deleted.
On Line 222, the name "Sedimentation and Erosion Plan" is corrected to "Erosion and Sediment Control Plan".
Commissioner Spaulding made a motion to approve the March 17, 2015 Regular Meeting Minutes, as amended.
Commissioner Purciello seconded the motion, and it was passed unanimously.
VIII. ADJOURNMENT
Commissioner Purciello made a motion to adjourn the meeting at 9:10 p.m.
Commissioner Spaulding seconded the motion, and it was passed unanimously.