Inland Wetlands, Water Courses & Conservation Commission

Regular Meeting Minutes April 5, 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 David Poore Brandon Hyde Peter Chalecki Robert McCoy, Alternate Absent: Michael Lahan, Alternate Douglas Lee, Vice Chairman Art Sharron Also Present: Deanna Rhodes, IWWCC Agent, and Linda Lee Smith, Recording Secretary. Richard Morell stated that all members in attendance would be voting as quorum was determined. C. APPROVAL OF MINUTES: March 15, 2018 Special Meeting David Poore made a motion to APPROVE the minutes of the March 15, 2018 Special Meeting. Brandon Hyde second. The motion carried unanimously. Richard Morell stated an addendum to the agenda was needed to approve the Feb. 1, 2018 meeting minutes. David Poore made a motion to APPROVE the minutes of the February 1, 2018 meeting. Second by Peter Chalecki. Motion carried unanimously. D. COMMUNICATIONS: 1. Illicit Discharge and Connection Stormwater Ordinance Deanna Rhodes explained the referral came from the Public Works Dept. It is a draft of the Illicit Discharge and Connection Stormwater Ordinance. Deanna Rhodes and David Poore are on the committee. David Poore explained that it will to help the committee and/or Public Works Dept. if someone does an illicit discharge into the City’s waters. David Poore stated they are required to do it and NPU is helping with the documentation. Brandon Hyde questioned if this would be going before the City Council. David Poore stated they were hoping it will be presented to the Council for approval by July. Brandon Hyde said that would give the Commission a month to review the referral. 2. DEEP Permit Application for the Use of Pesticides in State Waters – Kohanski Pond at 289 New London Turnpike Deanna Rhodes said the application was from the State of Connecticut DEEP for a pesticides permit application for 289 New London Turnpike. Deanna Rhodes explained the 1  City is notified anytime pesticides are put into a waterbody. 3. DEEP Statewide General Drainage System Maintenance Plan Deanna Rhodes said she had received a letter from DEEP on the general drainage system maintenance plan for the State of CT drainage systems. She stated it was a general permit for the work within Connecticut. 4. Algonquin Gas Transmission, LLC Deanna Rhodes stated the referral is regarding a repair of a 16” pipe in the wetlands. Richard Morell stated it’s a federal program with Algonquin and don't have much to say about it. They're just informing the Commission. F. OLD BUSINESS: IWWCC18-01: 17-35 Falls Avenue. Application for proposed land disturbance activities within the Special Flood Hazard Area, Floodway and Coastal Area Management (CAM) Overlay District to create a loading area. Proposed land disturbance activities include demolition, 3’ wide concrete stair, 10’ x 10’ boat trailer ramp, 700 sq. ft. crushed stone, new ADA handicap ramp, 4 parking spaces, and 2 concrete block walls. Application of Mary Ana Holdings, LLC/Richard Thayer, Assessor’s Map 101, Block 4, Lot 62. Keith Nielson, DOCKO Inc., P.O. Box 421, Mystic, CT introduced himself he had been retained by Richard Thayer to get necessary approvals for wetlands and zoning. Mr. Nielson gave a brief presentation on the project. He stated Mr. Thayer has undertaken quite an effort to dress and restore the derelict building and turned it into small shops, boat display and sales. Mr. Nielson said he has taken over two parking areas across the street where the boats are stored. Mr. Nielson stated the biggest part of the development is the installation of a bulkhead on the backside (riverside) facing the Yantic River and the work is in progress. He stated the work is covered by a DEEP permit and it’s about two thirds complete. He stated there are no inland wetlands or tidal wetlands on it. Wetland flags were placed by Richard Snarski, Wetlands Soil Scientist and Wildlife Biologist. The flags were placed at the tidal line. DEEP issued a permit for a bulkhead 1-1/2 years ago. Keith Nielson stated there are 3 parking spaces, 1 handicap accessible ramp into the building at the north end. The rest of the site is a showroom. The proposal is removal of a section of the building. Richard Morell asked if the soils were wetlands. Mr. Nielson stated no. It is hard packed gravel. Mr. Nielson said most the soil on the back of the building was so badly eroded the bulkhead was necessary in order to stabilize the building. He stated that part of the bulkhead project is to do some wetland creation across the Yantic River. It is a joint effort headed by Richard Snarski, the wetlands scientist who will be working with Norwich Free Academy science classes. They will be doing the planting under the river. Richard Morell asked how much fill would be moved replaced and backfilled. Mr. Nielson said about 3,000 cu yds. Mr. Morell asked if it was going to be stored on site. Mr. Nielson stated it will be brought in progressively as the bulkhead moves ahead more fill will be brought in and placed behind the new bulk heading. David Poore asked for clarification on what was being done on the building. Mr. Nielson explained the project and a discussion ensued. David Poore asked if there was a basement. Mr. Nielson stated no, that it’s an elevated slab. 2 Mr. Nielson stated there will be a ramp where the boats will be brought in. He stated hay bale barriers will be placed on the back side to confine any sedimentation issues to the site and once built up, mounded so that rainfall will runoff will not go over the bulkhead into the river. David Poore asked if they would need any additional drainage as it’s so flat. Mr. Nielson stated he was out the other day with the City Engineer and Building Official and all drainage in the street was confined to the street. He stated there was no bypass and no runoff expected from the new work. Deanna Rhodes stated that the City Engineer, Zoning Enforcement Officer and she did reviews of the proposal. The plans haven't been revised yet. The applicant's engineer said that he would incorporate all the comments. Ms. Rhodes stated an erosion and sediment bond amount must be submitted for hay bales and the City Engineer must approve the amount. Deanna Rhodes then read into the record her memo dated 3/27/18 with the recommended conditions. Motion was made by Brandon Hyde that there was no significant activity requiring a public hearing. Peter Chalecki second. Motion carried unanimously. Brandon Hyde made a motion to APPROVE IWWCC18-01 with the following conditions: 1. That the approval is valid for FIVE YEARS and will expire on 04/05/2023. 2. That a soil and erosion control bond, in an amount acceptable to the City Engineer, be posted prior to the commencement of any land disturbance activities on the site relative to this application. 3. That the plan be revised to address comments of the City Engineer (memo dated 03/16/18) and Zoning Enforcement Officer (memo dated 03/21/18). 4. That all site activities shall be conducted in accordance with the approved final plan, specifications and other documents of record. Any deviation from the approved plan or construction sequence shall be cause for enforcement action by the Inland Wetlands, Watercourses and Conservation Commission. 5. That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion. 6. 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. 7. 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. 8. That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit. 9. That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. 10. 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 3  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. 11. 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. David Poore seconded. The motion passed unanimously. G. NEW BUSINESS: Receipt of Any New Applications – None H. OTHER BUSINESS: 1. Staff Report: a. Administrative Approvals/Upland Review Permits – None b. Complaints 1. 445 New London Turnpike Deanna Rhodes stated there is activity in the floodway which is in the Ford's Pond area. She said there is a fairly large garden and the water has been diverted. She sent photos to DEEP to ask their opinion and it became a very hot issue. Someone will be coming down from EPA and the Army Corp of Engineers. She met with the family with an interpreter. They bought the property very inexpensively and only bought it to do gardening. Ms. Rhodes stated the issue is the diversion of the water and the filling activities in the floodway. Deanna Rhodes stated they are doing a field walk with different enforcement agencies at a later date. David Poore will attend. 2. 437 New London Turnpike Deanna Rhodes stated the owner has put up sheds without permits and there are wetlands behind his property with garbage and chickens. Variances are necessary and the owner is working with the ZEO before applying for wetlands. I. VIOLATIONS Update – Langhammer Properties off Laurel Hill Road accessed through Norwich State Hospital site – Non-permitted Wetlands Crossing for Timber Harvest Deanna Rhodes stated this is the property where the harvester crossed the wetlands and put the corduroy in the stream. They’ve since pulled all equipment out. Mr. Langhammer, an attorney, appears to be dragging his feet and she may have to issue an order to show cause and time it for the next meeting. Deanna Rhodes thanked David Poore for creating the map showing properties for the potential consideration. The hard copy maps in color would be mailed out to everyone. A discussion ensued on the different areas available along the rivers for walks etc. Deanna Rhodes stated 4 she didn't see anything in the City budget for open space acquisition. Brandon Hyde thanked David Poore for the map. J. ADJOURNMENT Peter Chalecki made a motion to adjourn at 7:50 p.m. David Poore second. Motion carried unanimously. Respectfully submitted, Linda Lee-Smith, Recording Secretary 5