Inland Wetlands, Water Courses & Conservation Commission

Regular Meeting Minutes February 1, 2018 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 Art Sharron Brandon Hyde Peter Chalecki Robert McCoy, Alternate Absent: Douglas Lee, Vice Chairman Michael Lahan, Alternate David Poore Also Present: Deanna Rhodes, IWWCC Agent, and Linda Lee Smith, Recording Secretary Richard Morell stated there were five members in attendance and all were to be seated. C. APPROVAL OF MEETING MINUTES: Peter Chalecki stated he was omitted from the list as he was present at the meeting. Also Art Sharron’s last name needed to be corrected to include 2 “rs”. A motion was made by Brandon Hyde to APPROVE the minutes of the January 11, 2018 special meeting to include the corrections. Robert McCoy second. The motion passed unanimously. D. COMMUNICATIONS: Deanna Rhodes explained the various brochures and articles included in their packets. They consisted of the following: Eastern Connecticut Conservation District, Inc. (ECCD) request for funding for the 2018-2019 fiscal year which she had already submitted in her budget request; and the ECCD 2016-2017 Annual Report; the information and registration form for the CAWS 2018 Annual Meeting; The DEEP brochure for Best Management Practices for Water Quality While Harvesting Forest Products, the Agriculture Forestry & Connecticut’s Inland Wetlands and Watercourses Act; and Ms. Rhodes memo for IWWCC Application #17-19. Deanna Rhodes also passed around a letter and power line map received from Eversource about scheduled maintenance in selected rights of way in the City. E. PUBLIC HEARINGS: None E. OLD BUSINESS: 1. IWWCC #17-19: 300 Canterbury Turnpike. Application for timber harvest including activities within the wetlands. Application of Marc J. Tremblay on behalf of Ana Volkonsky, Personal Representative for the Estate of Zina Pisarko. Property owned by Zina Pisarko. Assessor’s Map 30 Block 1 Lot 16. Marc Tremblay, CT Certified Forester introduced himself and explained that he has worked in MA, CT, and RI since 2000 and is the agent for the estate of Zina Pisarko. He has put together a timber sale on the property. He stated the property was slated for harvesting and that the trees had been marked, measured and he had laid out the timber access points as on the plan. He distributed his Contract Specifications to the board. He explained his Best management practices that he follows for the State of CT. He stated that there is a proposed stream crossing in the northern end of first stream valley. Phase I started a few weeks ago but tragically, Mr. Klemchuk, the logger had a heart attack and unable to finish the project. He stated this was in the area they were allowed to work in by right outside of the upland review area. He stated he also has an option to come in from Canterbury Turnpike, in the southern end of the property, but there are a lot of people walking in the area and trespassing on the site to access the reservoir. He’s trying to avoid interaction with people and with the school across the street. Mr. Tremblay stated Lawler Lane is where access has been set up. Deanna Rhodes stated she thought it was a better location. Mr. Tremblay stated to get to the middle of property, he is proposing using the skidder bridge in the northern area alongside the highway. Peter Chalecki stated he had concerns on the hard packed dirt and beavers in the area. Discussion ensued. Mr. Tremblay stated he would be installing 24' logs for the Skidder Bridge, and erosion and sediment controls including hay bales and silt fence down the sides to keep the sediment from going down the stream. Mr. Tremblay gave a description of the procedure installing the skidder bridge and also explained the plan with a sketch of the corduroy crossings. Richard Morell asked how wide the crossing would be. Mr. Tremblay stated 16' wide and the stream is only 3' - 4' wide. The embankment would be about 16' skidder bridge over that. Deanna Rhodes asked what the certain codes on the plan meant. Mr. Tremblay stated it was the plan used for bidding and shows the timber volume of red, black, and scarlet oak with how many thousand board feet are in each area. Deanna Rhodes asked for clarification in Mr. Tremblay’s specifications with the farm field and access points. He anticipated the landing shown by "L" on the plan is the one to be used. Deanna Rhodes stated DPW preferred the Lawler Lane access and requested an anti-tracking pad be added to the plan. Mr. Tremblay stated it would be added to the contract in 2.6. Marc Tremblay stated he wanted to comment on start time etc. stated in Ms. Rhodes memo. A discussion then ensued and it was decided that this concern would be discussed with the new harvester. Marc Tremblay stated he requires a performance bond from the harvester, but acknowledged it is not posted with the City. Brandon Hyde asked if it was a selective harvest. Mr. Tremblay stated yes, and that the wood hadn't been cut in many years. Brandon Hyde asked about the residual stand. Mr. Tremblay stated white oak and good quality red oak would be left as crop trees for wild life and timber value. Mr. Tremblay explained his selective harvesting of trees. Brandon also asked the age of 2 the forest. Mr. Tremblay stated probably 120-150 year old. Brandon asked Mr. Tremblay how often he would be going down to supervise the project. Mr. Tremblay stated probably once a week and especially if they were going to be doing a stream crossing. Deanna Rhodes stated with forestry operations there usually is not an erosion sediment bond posted. Brandon Hyde stated they have seen agriculture projects in the past, but not timber harvests of this size. Brandon Hyde stated Mr. Tremblay has been working in this capacity for many years and that making weekly visits to the site will be very important especially since the City doesn’t know who the new logging company will be at this time. Peter Chalecki asked if the contractor hired will he have a forestry license. Marc Tremblay stated he will hold the appropriate licenses. Richard Morell asked about the timing for the project. Marc Tremblay stated that because of the recent delay due to the harvester passing, and the amount of work to do including the installation of the bridge crossing and this permitting process, it will probably be summer before they get out there again. Deanna Rhodes asked how long it would take once they get out there again. Marc Tremblay stated it would probably take 6 months and if they get out by May, they would be done by November or December. Deanna Rhodes stated the board should to decide the following: Whether a hearing is required, to hold a site walk, to require an E&S bond, and require weekly visits by the forester. She noted that she also has recommended other conditions in her memo. She mentioned that the board may reduce the permit to be less than 5 years if they wanted to shorten the time frame for the harvest. Marc Tremblay said he'd be open for a site visit weekly for the sediment and erosion timber harvesting. Mr. Tremblay stated he wouldn't mind doing an informal walk but it’s a very hazardous area during a timber harvest and Ms. Rhodes should schedule with him if a member wants to visit the site. Deanna Rhodes then read into the record her memo dated 01/29/18 with the recommended conditions. Motion was made by Brandon Hyde that there was no significant activity requiring a public hearing. Art Sharron second. Motion carried unanimously. Motion was made by Brandon Hyde to APPROVE IWWCC #17-19 with the following conditions: 1. That the approval is valid for FIVE YEARS and will expire on 02/01/202. If the proposed activity is not started on or before the expiration date the approval is null and void. 2. If deemed necessary, a bond, in an amount to be determined by the City Engineer, be submitted for Erosion and Sediment Control and Site Restoration. 3. 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 3  sequence shall be cause for enforcement action by the Inland Wetlands, Watercourses and Conservation Commission. 4. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 5. 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. 6. 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. 7. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 8. That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. 9. That all 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 stormwater discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses. 10. 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. 11. That the Forester visit the site weekly to check progress and the E&S controls and that the IWCC Agent contact him to schedule on-site inspections once per month. The forester should also submit weekly reports to the IWWCC Agent after his site inspections. Art Sharron seconded the motion. Motion carried unanimously. 2. POCD Implementation Inland Wetlands Commission Priorities 4  Deanna Rhodes stated that she highlighted relevant pages of the Plan of Conservation and Development (POCD) and included them in their packets. A discussion then ensued about their POCD tasks. It was determined that the creation of a list of undeveloped parcels having wetlands and view sheds to be protected and preserved should be prepared to prioritize sites for open space acquisition. Ms. Rhodes said that this would be very helpful should grant funding become available for open space. Ms. Rhodes will work with NPU to create a map for their review. G. NEW BUSINESS: Receipt of New Applications 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. Complaints Deanna Rhodes stated she had received notification from the Peter Nystrom back in October of complaints he was receiving relative to a tree harvest occurring on Attorney Langhammer’s property located behind his neighborhood and north of the State Hospital on Laurel Hill. He stated that someone was logging. She determined at that time that no one had submitted a tree harvest application for her review and were told to stop, which they did. Ms. Rhodes stated that she hadn’t heard anything about the site since that time until last Friday when a department employee was heading home from work and saw logging trucks pulling into the State Hospital site. Ms. Rhodes stated that she went out on Saturday and saw no activity from Laurel Hill and the gates to the old hospital were closed. She then saw Mayor Nystrom on Monday who stated he was receiving complaints again that tree harvesting was happening on the Langhammer site. Ms. Rhodes then visited the site with the Mayor and instructed the harvester (Buster Land Management) to stop until she could review a plan of the harvest. She stated that at the time of the visit they had already stopped dropping trees and pulling logs out and were cutting the stockpiled logs. After the visit, she stated that she then emailed the logger the required paperwork and associated GIS maps to use with their application. A few days later she met back out at the site to walk the property with the harvester who stated that he was unable to get the owner to sign the application as he was out of town. Once she walked onto the Langhammer site from the old State Hospital property with him, she saw there was an intermittent stream that had been corduroyed. As this was the only way in and out for the tree harvesting operation and was located right at the shared property line, Ms. Rhodes stated they must stop and submit an IWWCC application. There appeared to be no as-of-right harvesting outside of an upland review area. She requested that they submit the IWWCC application for receipt at the next meeting to deal with the land disturbance that had already occurred in the regulated area. She also told them that they will need a CTDOT permit as they are accessing the site from a State controlled road. 5  c. Other: None I. VIOLATIONS: None J. ADJOURNMENT: A motion was made by Art Sharron to adjourn the meeting at 8:02 p.m. Seconded by Peter Chalecki. Motion carried unanimously. Respectfully submitted, Linda Lee-Smith Recording Secretary 6