Inland Wetlands, Water Courses & Conservation Commission

April 6, 2017 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 David Poore Robert McCoy, Alternate Absent: Art Sharron Michael Lahan, Alternate Also Present: Deanna Rhodes, IWWCC Agent C. APPROVAL OF MEETING MINUTES: A motion was made by Douglas Lee to APPROVE the minutes of the January 5, 2017 regular meeting. Seconded by Brandon Hyde. Motion carried unanimously. Mr. McCoy arrived at 7:03 p.m. D. COMMUNICATIONS: Notification Regarding Aquatic Pesticide Permit application submitted to DEEP for Kaiser Pond, 89 St. Regis Avenue Deanna Rhodes stated she had received a copy of an application submitted to DEEP from Solitude Lake Management. Ms. Kaiser had applied for pesticide management at her residence on St. Regis Avenue. Ms. Rhodes stated Ms. Kaiser has a small pond on her property which was created and wants to do some pesticide management. Ms. Rhodes read the email from Colin Gosselin, Environmental Scientist stating products to be used. The company didn’t anticipate there would be any issue with the products flowing down stream. The Commission members had some concerns with the copper base product being used. They hadn’t answered question #16B of the DEEP application relative to copper base products. Richard Morell stated that the DEEP application also asks about fish species sensitive to copper and alkalinity of the water to be treated. Ms. Rhodes stated she would email Solitude Lake Management about the omissions in the DEEP application. After much discussion, Ms. Rhodes stated that in an email from Pat McLaughlin he stated that the drainage from the pond ties into the same drainage system that Ms. Kaiser complained about in the vicinity of the Dollar General store. It also continues further towards the Dunkin Donuts parking lot and eventually to the river. Richard Morell stated that Solitude does not intend to use any pesticides in heavy rain.  Complaint regarding Chelsea Gardens Deanna Rhodes stated she had received this information from the DEEP and was forwarding it to the Commission. The complaint wasn’t just about Chelsea Gardens, but also the Town of Montville Lombardi Industrial Park. Ms. Rhodes stated the State wasn’t going to be doing anything further with it, and they don’t assess civil penalties. Ms. Rhodes stated the City didn’t receive a complaint directly, so she was not planning to take any action or start an investigation. Rich Morell asked if there were any comments. There were none. The information will be filed. E. PUBLIC HEARINGS: None F. OLD BUSINESS: None G. NEW BUSINESS: 1. IWWCC Application #17-02: 196-200 Yantic Street. Application for minor repairs to an existing stone retaining wall and the filling of foundation within a regulated area. Application of City of Norwich/Department of Public Works Rich Morell stated they had granted administrative approval for 196-200 Yantic Street for temporary chain link fencing. This application is for repair of a retaining wall and filling of the foundation. They are within the Upland Review Area, but not near anything sensitive. Rich Morell stated rather than refer it to next month, he’d like for Deanna Rhodes, Wetlands Agent to give administrative approval. Ms. Rhodes gave a brief summary of the application. She stated that the Department of Public Works requested, if possible, administrative approval. Douglas Lee added mentioned that he’s concerned about the silt fence shown on the plan is not in the correct position, as it needs to be behind the wall. Ms. Rhodes stated she would require them to install staked hay bales below the wall area to be repaired. The Commission agreed on an Agent approval. 2. IWWCC Show Cause Hearing: Unauthorized land disturbance in regulated upland review area on property located at 55 Terminal Way (Assessor’s Map 124-2-22). Property owned by WISP Partners. Deanna Rhodes gave a brief a history of the enforcement. She explained that the unpermitted land disturbance, on a brownfields site, was in anticipation of oyster shell drying. She went on to further explain the intended use of the property by Norm Bloom & Sons, LLC, and their subsidiary, Mystic Oyster Company. She also explained that aquaculture is currently not an allowed use in the zone, so a text amendment is necessary to even allow the use. She then showed pictures of the cleared area, brush and soil stockpiles. She stated that she had spoken with the two IWWCC chairmen who determined that she could issue an agent approval for the disturbance, as it was outside of the watercourse. However, the property owner isn’t cooperating and refused to sign the IWWCC application for the tenant, who did the unpermitted work, to resolve the matter. Ms. Rhodes called him on their behalf and requested that he sign the application to assist in resolving the matter. He stated that he would not agree to certain items in the 2  application, including permitting City staff to visit the site. Ms. Rhodes then issued a Cease and Desist Order. Ms. Rhodes explained that the Commission must hold a show cause hearing within 10 days of issuing the order. She read aloud Section 14.4 of the IWWCC Regulations. She informed them that the Commission shall determine whether to keep the order in place, revise the order or withdraw the order and then publish a decision. A brief discussion ensued about next steps the City can take. Douglas Lee then made a motion that the original order remain in effect. David Poore seconded. Motion carried unanimously. H. OTHER BUSINESS: 1. Staff Report: a. IWWCC Permits Issued by Agent for Disturbance within the Upland Review Area: IWWCC Application #17-01A: 196-200 Yantic Street for the installation of temporary chain link fencing within 100’ of a watercourse on property. Deanna Rhodes stated that she went out to 110 Yantic Lane. It is a timber harvesting operation and the chairmen agreed that it was exempt. She stated that they are not crossing any wetlands. However, she saw some old metal debris and cars in the wetlands which she asked them to tell the owner to remove. b. Complaints Received and Being Investigated: Harland & Cuprak Stream Maintenance Deanna Rhodes discussed the letters she sent to three property owners in the vicinity of Harland and Cuprak Road. She summarized that a complaint was initiated by Alderman Nystrom on behalf of Jean Becker. On inspection of the area, she noticed that three abutting properties, including Mrs. Becker’s, all have debris that is attributing to the stream being obstructed. Between the three properties, there are two fallen trees and a tree stump that need to be removed. She has scheduled meetings with each of the owners in the field. Ms. Rhodes then discussed the wetland exemption for maintenance on residential property. She stated that she will require that no heavy equipment be used in the wetlands to remove the debris, including to pull the brush and trees out. c. Other: 1. Ethics Training Deanna Rhodes reminded members who haven’t done the Ethics Training to complete it as soon as possible. 2. Reappointments to the Board expiring June 2017 Deanna Rhodes stated that reappointments are due by June 2018. She asked for the members who will be expiring to please re-apply. Ms. Rhodes stated Linda Lee Smith would send the procedure to the members. 3 J. VIOLATIONS: Ms. Rhodes stated she is still working with the football association regrading moving the equipment storage bin outside the regulated area. As short discussion ensued about whether it may have already been moved. I. ADJOURNMENT: A motion was made by Brandon Hyde to adjourn the meeting at 7:42 p.m. Seconded by Robert McCoy. Motion carried unanimously. Respectfully submitted, _|Çwt _xx fÅ|à{ Linda Lee Smith Administrative Secretary 4