Conservation Commission / IWWA Minutes 09/17/2013 ADOPTED
CONSERVATION COMMISSION/INLAND WETLANDS
SEPTEMBER 17, 2013
MINUTES FROM REGULAR MEETING
I. CALL TO ORDER
Chairman Rich Miller called the Regular Meeting of the Conservation Commission to order at 7:34 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were: Alan Needham, Patrick Kottas, Darren Cunningham and Donald Rieger. Also present were: Howard Beach, Conservation Officer, Janis Prifti, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Miller appointed Commissioner Rieger to serve as an alternate for Margery Winters and Commissioner Kottas to serve as an alternate for Margaret Sexton.
III. PUBLIC HEARING(s)
a. Requested review of sediment and erosion control concerns at 42 East Weatogue Street (Assessor's Map H14, Block 109, Lot 020), owned by Patricia L. Hyppa. (Continue to 10/1/13)
An email was received today by Staff withdrawing the complaint as a plan has been worked out with Mrs. Hyppa for site remediation. The Applicant reserves the right to refile the complaint if the plan doesn't work.
IV. DISCUSSION AND POSSIBLE ACTION
a. Application #13-25 of Candace V. Fitzpatrick, WPA Secretary, Agent for Whitman Pond Association, Owner, for the removal of fallen trees in upper and lower ponds on the property located at Whitman Pond Road (Map E07, Block 303, Lot 000). Zone R-80.
The Whitman Pond Association owns the area around 3 ponds with several trees fallen into or about to fall into the ponds. They have selected a tree service to remove 6 trees from the watercourse using a mini-excavator; Association trails and easements around the ponds allow access. The Town Conservation Officer walked the area and where the root ball is partially out. It will be removed from the pond, cut up, and the wood distributed. The work would likely be scheduled in the next few weeks while the area is dry, with the main access road wide enough for vehicle entry. The Association representative did not believe this type of work has occurred before. The Commissioners noted that having trees down in the pond provides good habitat for pond fauna. However, the Association representative indicated that homeowners adjacent to the pond view the trees in the pond as an eyesore and are concerned about the bank; also, there is a safety concern that children in the area may try to interact with the trees. Regarding replanting, it is a heavily wooded area and they do not see a need for replanting; they consulted with an arborist to develop this plan in order to minimize impact. The wood pile is not a cosmetic concern, as there are other downed trees in the area.
Commissioner Rieger made a motion that this is a regulated activity, as it involves removal of material from a wetland. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity, as the proper steps are planned to mitigate any impacts on the wetland and surrounding area to avoid impaction and materials being left in inappropriate places and the like. Commissioner Needham seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion to grant the requested permit with the usual stipulation that Staff be on top of this and keep careful eye on matters as they proceed. Commissioner Cunningham seconded the motion, and it was approved unanimously.
b. Application #13-26 of David Burr, Agent for Darlene Koplien, Owner, for the removal of a small island of deposited material at the confluence of Hop Brook and Stratton Brook on the property located at 2 Welden Way (Map E10, Block 147, Lot 016B). Zone R-40.
The Applicant indicated the project would remove 1-2 cu. ft. of soil called the "island" which has been growing and eroding; the soil would be scooped up and compacted back in the eroded bank area to forestall further erosion. This location is at stream confluence just past the high school on Welden Way at the bridge on the right-hand side; Staff met with the Applicant and David Askew of the Central Conservation District recently to review how to reduce siltation undermining the bank. Generally these streams have met with equal flow and little erosion, but a recent storm caused a much stronger flow on one side, tearing a hole in the bank and depositing this "island" in the middle of the stream, and now even with normal storms the bank continues to erode. Mr. Askew's suggestion was to remove the small "island" soil and use it to stabilize the bank with plantings plugged into the bank; a small excavator would cross the bank at a boney location and take about an hour to do the work. The Commissioners commented the Staff report was very complete and appreciated Mr. Askew's input. Staff has asked that hay bales be used in the stream to act as a filter.
Commissioner Rieger made a motion the Commission finds this is a regulated activity, as it involves removal of material from a water course. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion that this is not a significant activity in that the impact will be modest and methods employed in doing the work to avoid damaging the watercourse and that the turbidity that might result from the actual work would be much less than the long-term impact of the erosion which would be forestalled by having the work done. Commissioner Kottas seconded the motion, and it was passed unanimously.
Commissioner Rieger made a motion to grant the Application with the expectation that Staff will monitor the work very carefully. Commissioner Kottas seconded the motion, and it was approved unanimously.
c. Application #13-28 of George G. Gurney, LEP, Agent for Hartford Life and Accident Insurance Company, Owner, for the excavation of an estimated 1000 cu. yards of #2 fuel oil impacted soil adjacent to a regulated area on the property located at 200 Hopmeadow Street (Map F17, Block 154, Lot 009-2). Zone I-1.
The Commissioners were provided with a copy of the Soil Management Plan and Remedial Action Plan by the Applicant's LEP Agent. It was explained that this Underground Storage Tank (UST) issue goes back to 1992; the Hartford was very responsive removing some soil; they have operated a biosparging system since 2005 and monitored ground water for over 10 years. The cause was leaking pipes to the tanks, which were repaired; however, the main issue was that the tanks had to remain in place to provide heat to the building and backup generator power. Since 1992 the contamination plume has migrated from the tanks down to the brook into the regulated area and it is believed remnant soil contamination underneath the tanks is contributing to the area. They believe removing the 30-year-old underground tanks and replacing them with above-ground tanks within the building, combined with removal of the contaminated soil, will mitigate the problem.
They demonstrated the initial excavation area, indicating depth to water of approximately 15 feet below grade. They may do some de-watering utilizing frack tanks; if so, they would obtain authorization from the DEEP. Regarding timing, the drier it is, the better, and they hope to begin by early-November. They plan to live-load soil onsite in order to not impact regulated areas; the soil would be brought to an approved facility. Hay bales and silt fences would be used to protect the regulated area. They will not dig into the wetlands or regulated area; ground water will be monitored and it is anticipated the plume will clean up. The brook water quality is "A" and there are TPH contaminants at .4 level, which is above regulatory levels. Fuel impacted soil is anticipated to be 1-2000 tons. It was explained that #2 fuel oil is lighter than water and floats on top. All of the proposed activity would be in the upland review area. Disturbance of the trees to excavate the soils would be more of a threat to the wetlands and Minister Brook than the continuing plume migration and TPH; no NAPL or floating product has been detected adjacent to the brook recently.
In relation to an old sale, this is in the Connecticut Transfer Act providing opportunity for closure; they will monitor contaminant ground water levels for at least 4 consecutive quarters. The tanks are located adjacent to the paved area and their removal will take about 5 weeks to complete, with the major activities taking about one week; many trucks will be used for excavation, with each truck holding about 20-25 tons. Depending on the weather, the area will be backfilled and seeded afterward or alternatively protected from erosion with hay bales and silt fence until plantings are established. The Commissioners noted that the growing season ends this month. But the Applicant needs to get the above-ground tanks operational inside the facility before removing the underground tanks and this will take some time. Regarding the proposed maximum area, the LEP Agent determines that area by instruments, visually, and testing; they test the excavation side walls every 20 feet and if it exceeds the regulatory level, they would dig further. It was explained the Applicant's LEP Agent is licensed by DEEP to supervise this activity and sign off on it. The LEP Agent indicated they would excavate as much as possible in the non-regulated area, and monitor the ground water afterward to see if it cleans up with the source area removed. Regarding microbial, they worked with it for many years and want to first see how the ground water responds. Due to the flatness of the area, a major erosion problem is not expected by Staff.
Commissioner Kottas made a motion that this is a regulated activity because it is adjacent to a wetland and upland review area. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion that this is not a significant activity because of the plan proposed to mitigate any disturbance of the wetlands area and there is no actual activity in the wetlands and the plan to seed the area or cover it with hay bales, as discussed by Staff. Commissioner Cunningham seconded the motion, and it was passed unanimously.
Commissioner Kottas made a motion to approve the permit as stated with the usual caveat that Staff oversee the project. Commissioner Cunningham seconded the motion, and it was approved unanimously.
V. CEASE AND RESTORE ORDER
a. Application #13-32 of Craig and Sheri DiGiacomo, Owners, for the removal of trees and grading of soil on the property located at 14 Weatherly Road (Map F05, Block 301, Lot 045). Zone R-40.
In response to a call regarding whether permits were in place on the former Vera Brun property, Staff took a look at work recently completed at 14 Weatherly Road. There are wetlands on the right side of the site with drainage bleed off from the street along the side property line and wetlands extending to the rear yard. The homeowner explained they recently purchased the heavily wooded property, finding a lot of rot in the house and a muddy area; they removed a number of trees and stumps and did not realize there was an easement on the right side of the property in the back. They installed rip rap where water flowed into the backyard to assist with drainage into the retention area in the backyard, with a plan for an ice rink in a 24x48 area. They wanted a buffer between their lawn and the Conservation Easement wetland. The intent was to clean up the property to allow sun in and clean up termites and ants. They planted grass and will not fertilize or mow between the wetlands and the yard and are willing to plant additional trees and plants as advised by the Commission; photos of the site were provided. To date, Dogwood, Maple and Oak have been planted. The Commissioners noted that the Deed recites for the homeowner the presence of wetlands and refers to the survey and that this Commission is charged with protecting wetlands under State law; the clearing that has been done complicates the Commission's work. Staff reviewed the location of this extensive wetland area with the portion of wetland that was bulldozed no longer having any wetland characteristics.
The area cannot be restored and there should be a wetlands map amendment; the best option is to augment existing plantings and habitat between the lawn and Conservation Easement in back, establishing a 25-foot buffer. Water discharged from the street will end up in the retention area in back and the right plantings could develop a wetland function. The Applicant was asked to obtain expert advice to make the most extensive practical restoration of the wetland feasible; Staff will provide the Applicant with 6-10 names of appropriate experts. While the Commission is sympathetic to the Applicant, the situation nonetheless needs to be practically addressed, with input from an expert required, and the Application modified and resubmitted; 2 extensions can be granted for a maximum of 60 days to preserve the $190 permit fee. Staff will report on the status of Application #13-32 at the next meeting.
Commissioner Cunningham made a motion to continue the Hearing to offer modification of the Application to address the Commission's concerns about the removal of the wetland and to receive professional guidance on what can practically be done to restore or remediate the situation. Commissioner Rieger seconded the motion, and it was approved unanimously.
VI. ADMINISTRATIVE APPROVALS
a. Application #13-29 of Gregory T. Fish, LLC, Agent for John and Kathleen Schuster, Owners, for the construction of an addition within the 100-foot upland review area to a wetland on the property located at 4 Heather Lane (Map H12, Block 107, Lot 001). Zone R-40.
Staff reported there is a 3-foot bump out for a dining room addition extending about 3 feet into the upland review area, with the Town Engineer recommending administrative approval.
A second Application was received for 11 Overlook to install a propane tank adjacent to the foundation and generator next to the house in an already disturbed upland review area.
VII. RECEIPT OF NEW APPLICATIONS
Two Applications were received:
Dyno Nobel lost a major bridge in a recent storms, with debris dumped into their streams, undercutting the banks and buildings; they would take the boney debris and push it back in several locations and pack it into undermined areas so they don't lose a building. They also have a bridge over a watercourse requiring repainting and will tarp under it to catch paint chips, etc.
An Application was received for a proposed Veterans Memorial near Boy Scout Hall for a retaining poured concrete wall with seating area and 3-5 foot bump out into the upland review area in a wide, flat flood line; LADA is doing the excavating below frost so the wall will be substantial, should a pond eventually go in. The Commissioners agreed this could be handled administratively, as it will go before Zoning and the Town will be involved. It was noted the Charrette posited making this a signalized intersection with a road through in the future.
VIII. CORRESPONDENCE/ANNOUNCEMENTS
None.
IX. APPROVAL OF MINUTES of July 16, 2013; April 16, 2013
The April 16, 2013 minutes were not adopted due to a lack of quorum from that meeting.
July 16, 2013 minutes:
Commissioner Cunningham made a motion to adopt the minutes as drafted. Commissioner Kottas seconded the motion, and it was approved with Commissioner Winters abstaining.
X. ADJOURNMENT
Commissioner Cunningham made a motion to adjourn the meeting at 9:05 p.m. Commissioner Rieger seconded the motion, and it was passed unanimously.
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