Inland Wetlands, Water Courses & Conservation Commission

DRAFT CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION August 7, 2008 REGULAR MEETING MINUTES 23 Union Street, Norwich, CT Agenda Items A, B & C – Call To Order, Roll Call, Determination Of Quorum: Chairman Raymond Baribeault called the meeting to order at 7:00 p.m. Present: Raymond Baribeault, Chairman Richard Morell, Vice Chairman Douglas Lee Arthur Sharron, Alt. Robert McCoy, Alt. Jeremiah Lowney Absent with notification: Barbara Rothstein, Ralph Page, Brandon Hyde, Alt. Also Present: Michael Schaefer, City Planner Roberta Lane, Recording Secretary A quorum was present and all members present voted. D. Minutes: Upon motion by Arthur Sharron and second by Douglas Lee, the Commission voted unanimously to APPROVE the minutes of the July 3, 2008 regular meeting. E. Communications: None F. Public Hearings: None G. Old Business: 1. IW-URA - 08-12 – 29 Coit Lane – Application of Jay Furlong - for filling and grading associated with construction of a single family home. Mr. Schaefer presented this application that deals with a site that is part of a prior approved three-lot subdivision. He stated that there is only one remaining lot that has yet to be built upon and the proposed activities include the excavation, filling, and grading associated with the construction of a single-family home, a driveway, and the installation of utilities. He also stated that the IWWCC originally approved the subdivision on February 11, 1998. The permit had been extended twice to October 6, 2008; however, this time period exceeds the 10-year statutorial limit on the life of any permit. Mr. Schaefer also stated that this is no longer an application dealing with the entire subdivision and that that public sewer and water are now available to the property. Due to these differences Staff recommended to Mr. Furlong that a new permit application be submitted. He also stated that since there will not be a need for a septic system in the front yard, the house location could be moved forward to Coit Lane & the driveway could be shortened. By doing this, the driveway could be at least 50 feet from the pond/wetland edge. Staff also recommended modifying the seed mix in accordance with the 2002 Connecticut Erosion & Sediment Control guidelines. Upon motion by Douglas Lee and second by Richard Morell, the Commission voted unanimously to APPROVE this application with the following conditions: 1. The driveway and house be located a minimum of 50 feet from the wetland/pond edge. 2. The seed mix be modified to exclude crown vetch and include Kentucky bluegrass and creeping red fescue, together with the specified perennial ryegrass – a common lawn seed mix – that should be applied at rates recommended by the seed producer or in accordance with the 2002 Connecticut Erosion & Sediment Control Guidelines. 3. The footing drain outlet be located a minimum of 10 feet from the wetland edge. H. New Business: None I. New Business items submitted after agenda preparation and prior to the submission deadline. 1. Floodplain Referral for SP#08-05 - Hollyhock Island, 6, 16 & 18 Falls Avenue, and 80, 99-101 West Main Street - Application of Norwich Community Development Corp. (NCDC) - for Sec. 14.6 Construction of the Norwich Intermodal Transportation Center within a Floodplain/Floodway. Mr. Schaefer advised the Commission that the CCP has received SDP, and CAM applications along with supporting documents for this Special Permit. He stated that there are no “inland” wetlands involved with the project, as the wetlands and watercourses in the vicinity of the project site are tidal in nature. He stated that the plans were reviewed by both the State and Federal Environmental Agencies and that the transportation center would not impact flooding in the project area, and that indirect flood hazard impacts will not occur as a result of the proposed project. He stated that it was determined that the main reason for coastal flooding at Hollyhock Island would occur more likely due to backwater from Long Island Sound and not from upstream. He stated that the project does not lie within a Floodway. After careful consideration, the Commission found that the site is located within a floodplain that is adjacent to tidal waters and that no inland wetlands or watercourses would be adversely affected by the proposed project activities. Upon motion by Richard Morell and second by Jeremiah Lowney, the Commission voted unanimously that this matter is beyond the purview of the Commission. 2. IWWCC – 08-03 – 1 Potter Ave – Application of Algonquin Gas Transmission LLC – to install a new cathodic protection ground bed. Mr. Schaefer advised the Commission that the purpose of discussing this application rather than tabling it right away is to determine if the proposed activity may have significant impact on wetlands or watercourses and whether a public hearing would be required. He stated that this application is for the installation of approximately 820 linear feet of ground bed cable within a wetland area. The purpose of this installation is to prevent the corrosion of nearby gas lines (E-3 and E 2 -4) caused by electrical charges that, if not controlled, would corrode them. He also stated that the proposed work would bring the transmission lines into compliance with U.S. Department of Transportation regulations. He stated that ground beds are typically located within wetlands because the resistance to electrical current in saturated soils is much lower in such areas than in dry, upland soils. Mr. Schaefer stated that a 15-foot wide right of way easement is in place on the Beauregard property to allow for the installation of the necessary components within the wetland area. The trench will be approximately 820 feet in length by 5 feet deep and 2 feet wide and approximately 12,308 square feet of wetlands will be disturbed temporarily. He stated that the trench would be dug with a small tracked excavator so that the small intermittent stream that originates near the midway point of the reach of cable within the wetland and large trees would be avoided. If trench dewatering is necessary, either a silt bag or hay bale ring would be used to receive water pumped from the trench. These facilities, if needed, would be located such that no sediment would be allowed to travel back to the wetlands. Refueling of construction equipment would be confined to areas located more than 100 feet from the edge of wetlands/watercourses. He stated that the site is not located within a floodplain or floodway, and will be reviewed by the ACOE and by CTDEP for 401 Water Quality Certification. Mr. Schaefer also added that the applicant has offered the following alternatives to the preferred activity: 1) No-Build – This would allow for corrosion to continue unchecked, and would fail to bring the pipeline system into compliance with USDOT. 2) Anode Bed within Existing Pipeline Right-of-Way – Installing the ground bed entirely within the maintained ROW would only provide limited protection. He also introduced Mr. Karl Smith of TRC Environmental Corporation of South Portland, ME and Chuck Thomas of Algonquin Gas Transmission, LLC. , two representatives of the applicant, to answer any questions. The Commission asked the applicant’s representatives to provide for the next meeting more information comparing the proposed cathodic protection with the 2 alternatives in regards to the amount of protection each would provide for the E-3 & E-4 pipelines and the impact each would have on the wetlands disturbance. The Commission discussed the option of setting a public hearing date for the next meeting or waiting until the full presentation to determine if a public hearing is required. The applicant’s representatives requested that a public hearing be set for the next meeting due to time constraints for starting the project. Upon motion by Arthur Sharron and second by Jeremiah Lowney, the Commission voted unanimously to schedule a public hearing for the September 4th meeting and TABLE the application until the September 4th meeting. 2. IWWCC – 08-04 – Scotland/Hansen Rd – Application of Norwichtown Development LLC - for Active Adult Community, including wetland/stream crossing utilities. Prior to the discussion of this application, Chairman Baribeault recused himself from the application. Mr. Schaefer advised the Commission that the purpose of discussing this application 3 rather than tabling it right away is to determine if the proposed activity may have significant impact on wetlands or watercourses and whether a public hearing would be required. Mr. Schaefer stated that this application is for a proposed 185 unit Active Adult Community with utilities crossing the wetlands and a recreation area crossing the Conservation Easement. He stated that there are a lot of impervious areas. He also stated that DPW has to address the drainage situation and that Uncas Health has been contacted for sewer and water. The Commission discussed the impact on the wetlands and determined that a public hearing would be needed. Upon motion by Arthur Sharron and second by Douglas Lee, the Commission voted unanimously to schedule a public hearing for the September 4th meeting and to TABLE the application until the September 4th meeting. Chairman Baribeault abstained from voting. J. Other Business: 1. Administrative Permits Issued: None K. Violations: 1. IW-VIOL – 07-01 - 81 Corning Rd - Kudlach- update Mr. Schaefer advised that there is nothing new to report and this violation might be resolved by next month’s meeting. 2. IW- VIOL – 07-02 - 150 Plain Hill Rd – Rothstein - update Mr. Schaefer stated that he met with Bob Russo of CLA and Glen Reil at the Rothstein property to discuss the remediation work to be done. He stated that Mr. Reil would be overseeing a machine operator hired by Mr. Rothstein, and that work would begin almost immediately. He also stated that Mr. Russo agreed to check on progress at the site on a weekly basis, or more often if problems were encountered. Mr. Schaefer advised that when he contacted Mr. Russo on July 30th to discuss progress at the site, Mr. Russo said that nothing was done. Mr. Russo told Staff that he would inform Mr. Rothstein that moving forward in a timely manner is urgent. Mr. Schaefer stated that he would recommend that the Commission reconsider revoking approval of the current remediation plan and reinstating the previously approved remediation plan if work failed to move substantially forward. 3. IW-VIOL - 08-01 – 44 Yantic Flats Rd – Stanton LaPierre - update Mr. Schaefer advised the Commission that the owner has moved all the crushed stone out so this violation is resolved. L. Adjournment: Upon motion by Jeremiah Lowney and second by Richard Morell, the Commission voted unanimously to adjourn at 7:53pm. Respectfully submitted, 4 Roberta Lane Recording Secretary 5