Inland Wetlands, Water Courses & Conservation Commission

December 1, 2016 Regular Meeting Minutes CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION Lower-level Conference Room 23 Union Street, Norwich, Connecticut A. CALL TO ORDER: Chairman Richard Morell called the meeting to order at 7:00 p.m. B. ROLL CALL and SEATING of ALTERNATES: Present: Richard Morell, Chairman Douglas S. Lee, Vice-Chairman Brandon Hyde Art Sharron Michael Lahan, Alternate Absent: David Poore Robert McCoy, Alternate Also Present: Deanna Rhodes, IWWCC Agent and Linda Lee Smith, Administrative Secretary C. APPROVAL OF MEETING MINUTES: Upon motion by Art Sharron and seconded by Douglas Lee, the Commission voted unanimously to APPROVE the minutes of the August 4, 2016 regular meeting. D. COMMUNICATIONS: None E. PUBLIC HEARINGS: None F. OLD BUSINESS: 1. IWWCC Application #16-06: Yantic Lane (in the vicinity of street address #74 Yantic Lane). Request for drainage improvements adjacent to and within a stream channel. Application of the City of Norwich Department of Public Works. Pat McLaughlin, City Engineer stated he had revised the plan based on the comments made from the October meeting. Mr. McLaughlin then gave a brief review for anyone that wasn’t at the last meeting. Mr. McLaughlin stated the project is located on Yantic Lane. There is a corrugated metal 36” culvert about 50 years old and dilapidated. Mr. McLaughlin stated the Public Works Department had replaced a small section about 10 years ago, but didn’t replace it all. Mr. McLaughlin explained there is an existing 12’ pipe with no outlet protection, so they are adding riprap around it. They will be installing a double catch basin because the pipe is quite wide and the existing one is in poor condition. Those were the two changes from the last meeting to accommodate the comments from the Commission. Art Sharron asked when he anticipated the work would be performed. Mr. McLaughlin stated it would probably be bid in the spring, with work beginning during the dry season in June 2017. Ms. Rhodes read the standard conditions usually included in a wetlands approval and asked for them to be included as part of the motion. Brandon Hyde asked if there was an E&S plan. Mr. McLaughlin stated no, but there is there is silt fencing. The details are on the revised Site Plan second sheet dated 12-1-16. Mr. Hyde asked if there would be much disturbance around the hills. Mr. McLaughlin stated no.  Ms. Rhodes stated the proposal includes adequate erosion and sediment controls that will protect the watercourse during construction and pose no long term impact. A motion was then made by Art Sharron, second by Douglas Lee to Approve Application IWWCC #16-06: Yantic Lane (in the vicinity of street address #74 Yantic Lane). Request for drainage improvements adjacent to and within a stream channel. Application of the City of Norwich Department of Public Works; as shown on a site plan prepared by CLA Engineers, Inc. dated August 2016 and revised to 10/25/2016, and based on testimony presented and the following conditions: 1. That all site activities shall be conducted in accordance with the plans, specifications and documents of record. Any deviation from the approved plans or construction sequence shall be cause for enforcement action by the Inland Wetlands, Watercourses and Conservation Commission. 2. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 3. That this approval is valid for TWO YEARS and will expire on 12/01/2018. If the proposed activity is not started on or before the expiration date the approval is null and void. 4. That all work and all regulated activities conducted pursuant to this authorization shall be consistent with the terms and conditions of this approval. Any structures, excavation, fill, obstructions, encroachments or regulated activities not specifically identified and authorized herein shall constitute a violation of this approval and may result in its modification, suspension, or revocation. Upon initiation of the activities authorized herein, the permittee thereby accepts and agrees to comply with the terms and conditions of this approval. 5. That no equipment or materials including without limitation fill, construction materials, or debris, shall be deposited, placed, or stored in any wetland or watercourse on or off site unless specifically authorized by this approval. 6. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 7. That erosion and sediment control measures shall be in accordance with the Connecticut Guidelines for Erosion and Sediment Control. Erosion and sediment control measures shall be installed and inspected prior to site disturbance. It is the permittee's responsibility to schedule the inspection with the Norwich Planning Department. Additional erosion and sediment control measures shall be installed if determined to be necessary by the Designated Agent. The permittee shall take such necessary steps consistent with the terms and conditions of the approval, to control storm water discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses. 8. That this permit will be strictly enforced. The Commission may suspend or revoke this permit, may direct the Commission's Agent to issue a cease and desist order or may require the applicant to modify, extend, or revise the site work or restore the area to its original condition if it finds that the applicant has not complied with the conditions set forth in this approval or if the applicant exceeds the scope of this approval as set forth herein or if the intended use or actual use of the general site is not as represented by the application or the plan of record. Reasons: The proposal includes adequate erosion and sediment controls measures to protect the watercourse while the regulated activity is being conducted and will pose no long-term impact. The motion passed unanimously. G. NEW BUSINESS: Applications submitted to 11/30/16 2  1. IWWCC-16-08 – 774 West Thames Street. Request tree removal area is on rear of the lot in a sloped buffer area that borders Trading Cove. Ms. Rhodes gave an overview of the application which consisted of cutting trees within a 10-15 foot wide strip along the Thames River in the upland review area behind the dealership. She explained that the applicant had asked her to issue the permit administratively, but she was seeking their approval to do so as their agent. The applicant, Interstate Forestry Services LLC, (Joe Quirk) couldn’t attend the meeting, but sent Michele Penkauskas, 774 West Thames Street, Norwich, CT on behalf of the owner, Scranton Chevrolet. Ms. Penkauskas stated that they park customer and new cars in that area and are concerned about the trees and nuts damaging cars. Ms. Rhodes then distributed pictures to the Commission which she had taken the day before which showed flagged trees and their general location outside of the paved parking lot area in fairly close proximity to the fence line. The applicant proposes to leave the stumps in place and cut them very low. He would fell the trees towards the parking lot and remove them off site. Ms. Rhodes stated there are about 25 trees total. Ms. Rhodes stated that the activity was not exempt from their jurisdiction, and requested their feedback about how it should be processed. Richard Morell asked when the work would be done. Ms. Rhodes thought they wanted to do it soon. Michelle Penkauskas stated the sooner the better. Ms. Rhodes stated it was her understanding that the branches hanging over the fence line are mostly what they’re concerned with. Mr. Morell then stated that in the winter this area is a natural habitat for bald eagles. Mr. Morell stated he would like them to wait until the spring before they work because of the bald eagles. Ms. Rhodes stated there are about 25 trees total. Michael Lahan then questioned the jurisdiction of Commission relative to bald eagle habitat and allowing some trimming of trees to occur. A discussion then ensued between the Commission members and Staff. Ms. Penkauskas called Mr. Quirk, the applicant on her cell phone to have him answer questions for the Commission, but the phone connection was not good and no discussion with him took place. Douglas Lee then stated that he would like this proposal to come to the Commission as a regular application instead of an agent approval. Ms. Rhodes stated that it was officially being received this evening. Ms. Rhodes asked if the Commission whether they felt the application will require a public hearing, so she could schedule that for next month, if needed. A discussion then ensued about procedure and whether trees outside of the 100 feet are still within their jurisdiction. Mr. Lee stated that they would decide that next month at their regular meeting. Art Sharron stated that he would be concerned if the applicant doesn’t know which trees are within the 100 of a wetland. A discussion then ensured about whether the applicant should have a soils scientist flag the wetlands. Ms. Rhodes stated that she didn’t see any pockets of wetlands upland of the river when she walked the site and had reviewed the City’s GIS information. Brandon Hyde asked when was the GIS updated last and if it included the 2014 information. Ms. Rhodes confirmed that the GIS layer for wetlands was the most recent available from DEEP. A motion was then made by Douglas Lee and seconded by Art Sharron to accept the application as new business and TABLE the application until the next regular scheduled meeting of January 5, 2017. The motion passed unanimously. 2. IWWCC-16-09 – 126 Golden Street. Request from Habitat for Humanity for construction of a two- family dwelling. Deanna Rhodes stated the proposal is to develop on a vacant lot. There is a pocket of wetlands on site and all the disturbance is within the 100 ft. upland review are. A motion was made by Douglas Lee and seconded by Brandon Hyde the Commission to TABLE the application until the next regular scheduled meeting on January 5, 2017. The motion passed unanimously. 3 H. OTHER BUSINESS: 1. Staff Report: a. IWWCC Permits Issued by Agent for Disturbance within the Upland Review Area: None b. Complaints Received and Being Investigated: 1. 128 Hamilton Avenue Little League Field - Deanna Rhodes stated there is a violation 128 Hamilton Avenue, next to 200 Hamilton Avenue which are the lower fields the City owns. The football team got a large storage bin and located it within the regulated area special flood hazard area and within 100 feet of a wetlands. Ms. Rhodes stated she has been in contact with Lee-Anne Gomes who is in charge of Parks and Recreation to request that they move it. Ms. Rhodes stated if they moved the storage bin towards the football field it would be out of the flood area and wetlands and would be fine. 2. Norwich Woods for On-site & Off-site Issues at Woods Drive Complaints - Deanna Rhodes stated she did a site visit with the City Engineer. The wood chips have been removed from the wetlands area and she didn’t see any remaining issues to be addressed. c. Other: 1. 609 Norwich Avenue Dam Repair - Deanna Rhodes received information from First Light Power that they had received a permit to repair the dam and was asking the City to waive the mandatory waiting period to proceed. This caused some issues, but it eventually moved forward. Ms. Rhodes stated the City has no jurisdiction as the permit is issued by the DEEP and Army Corps of Engineers. The Commission asked her to monitor the repair. 2. Metering Station - Ms. Rhodes reminded the Commission of the recent Army Corps of Engineers approval for filling wetlands on a property on Salem Turnpike that would be used for a new metering station. This was discussed at a previous meeting. 3. The Commission provided Ms. Rhodes direction relative to how she should handle future requests for agent approval of an activity within an upland review area. After much discussion, it was decided that she would forward all requests for agent approval to both the Chairman and Vice-Chairman for their input. She thanked them for their assistance. J. VIOLATIONS: None I. ADJOURNMENT: A motion was made by Art Sharron and seconded by Douglas Lee to adjourn the meeting at 7:46 p.m. Motion carried unanimously. Respectfully submitted, _|Çwt _xx fÅ|à{ Linda Lee Smith Administrative Secretary 4