THESE MINUTES ARE PRESENTED IN DRAFT FORM AND HAVE NOT
BEEN FORMALLY APPROVED BY THE ENFIELD INLAND WETLANDS AND WATERCOURSE AGENCY. OFFICIAL COPIES OF MINUTES, WHEN APPROVED, CAN BE OBTAINED FROM THE TOWN CLERK OR PLANNING OFFICE.
Inland Wetlands and Watercourses Meeting
INLAND WETLANDS AND WATERCOURSES AGENCY
MINUTES OF A REGULAR MEETING
TUESDAY, April 6, 2010
A Regular Meeting of the Enfield Inland Wetlands and Watercourses Agency was held on Tuesday, April 6, 2010 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut.
MEMBERS PRESENT: Douglas Maxellon, Chairman
Karen Camidge
Maryann Abar, Alternate (7:52 p.m.)
Joseph Albert
Robert Lemay
Brian Peruta
Robie Staples
Patrick Szczesiul, Alternate (seated)
MEMBERS ABSENT: Jo-Marie Nelson
ALSO PRESENT: Katie Bednaz, Wetlands Agent
Susan Berube, Recording Secretary
REGULAR MEETING
1. Call to Order: The meeting was called to order by Chairman Douglas Maxellon at 7:00 p.m.
2. Roll Call: Present were: Chairman Maxellon and Agents Abar (7:52 p.m.), Albert, Camidge, Lemay, Peruta, Staples, and Szczesiul. Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.
Agent Szczesiul was seated as a full voting member for the public hearing.
3. Pledge of Allegiance: The Pledge of Allegiance was recited.
4. Executive Session
(Matters regarding specific employees, pending litigation, acquisition of real estate and / or matters exempt from disclosure requirements): None.
5. Public Hearing
a. XIW-10-04 - Town of Enfield Public Works - is requesting a permit to reconstruct and enlarge the South Maple Street Bridge over the Scantic River (Map 84, Lots 7, 12, 14 and 21). Submitted March 3, 2010, received 3/16/10, PPE 3/30/10, MAD 5/20/10. Piya Hawkes, Enfield Public Works Director and Jeff Scala, project engineer from Tectonic Engineering, represented the applicant.
Mr. Hawkes stated that he received and addressed all of Ms. Bednaz’s comments.
Mr. Scala briefly reviewed the proposed project. He stated that the existing bridge was built in 1929 and rehabbed a few times over the years.
The plans show that the existing bridge is 62’ long and will be lengthened to 82’ to meet FEMA regulations for 100 and 500 year floods and the Army Corps of Engineers regulations for light, air and riparian corridor requirements.
The existing abutments will be removed and replaced with new ones.
Temporary coffer dams will be installed to allow for construction of the new bridge. The dams will meet regulations for 2 year storms. Temporary sediment structures will be created on each side of the structures.
A parking lot will be constructed on the D.E.P. property along the western flank of the work site.
The D.O.T. is currently reviewing the flood management permit application.
The application for the Army Corps of Engineers permit will be submitted after IWWA approval is received. The applicant does not anticipate a problem in obtaining the Army Corps’ permit.
All hydrology and hydraulic reviews have been completed.
A new drainage outfall with a pre-formed scour hole will be installed at the northeast corner of the parcel on town owned property to replace an existing outfall located on private property.
Erosion and sediment controls will follow Best Management Practices and the current CT Storm water Manual.
Slopes will be stabilized as soon as possible using mulch and seed.
Federal and state funds will be used for this project and will therefore require full time inspection and monitoring on site.
4’ deep sumps on all structures will be used.
Mr. Scala provided, at this time, copies of the certified mail receipts to abutters to Ms. Bednaz.
He also submitted the following, for the record:
· drainage report, flood management certificate in draft form,
· D.E.P. endangered species map, aerial photo overlaid to the project to show the limits for clearing of trees for the parking lot,
· limits of the regulated area including the upland review area which is 200’ along the Scantic,
· photos of the project site,
· the written response to Ms. Bednaz’s comments,
· review letter from the D.E.P Fisheries Division,
· Erosion and Sediment details and
· the Soil Scientist’s Report
At Ms. Bednaz’s suggestion, Mr. Scala briefly reviewed the applicant’s responses to her written comments.
1. The application number will be on the final set of plans.
2. a. Mr. Hawkes stated that “right of entry forms” are sent to abutting property owners that are to be returned to the Enfield D.P.W. Ms. Bednaz requested a copy for the IWWA file.
b. Notification has been provided.
c. The soil scientist’s report is based on information from 4 years ago. The applicant believes it accurately reflects the location of the wetlands.
3. Ms. Bednaz expressed concern that the limits of clearing may not be enough room for the work that needs to be done at the catch basin outfalls. She wants to ensure that there is no new scour from the new catch basins.
Mr. Scala stated that the work is usually done from above. The applicant will use pre-formed scour holes to mimic the existing grade. He will add contours to the plan.
4. Mr. Scala stated that if the IWWA requests, the final submittal of plans will include the upland review area line.
5. Mr. Scala noted that the applicant has supplied an aerial photo overlaid on the proposed parking lot area to show the limits of clearing.
6. The applicant will follow the Army Corps of Engineers requirements for wildlife habitat accommodation.
7. In regards to the rip rap, it is for protection of the bridge and footings. The existing material will be removed and stockpiled.
Rip rap will be installed and then the natural materials re-installed although it may not remain there during large storms. Small excavation equipment will be used.
Ms. Bednaz asked where the stockpile will be kept and where the staging area will be set up.
Mr. Scala stated that the applicant is trying to give the contractor as much leeway as possible. It will be up to the contractor who will no doubt have experience in this type of decision. The applicant prefers to tell the contractor what cannot be done, and let the contractor make suggestions.
The banks in this area are very steep. The river would stay within the banks in a 500 year event. Materials cannot be stored within the 500 year flood plain.
The applicant feels that the D.O.T. requirements are adequate for spillage issues. A concrete washout area will not be allowed within the flood plain.
The 500 year flood limit is approximately 1’ higher than the 100 year limit.
8. This item has been addressed.
9. Standard details have been provided.
Ms. Bednaz requested that 1 full size, complete final set of plans be submitted for the file after all comments and changes are made.
She also noted the importance of having the dewatering basins sized correctly.
She asked that the overflow from the basins be directed to the catch basins that are already armored systems so that there are no erosion problems.
Mr. Scala stated that the plans shown are conceptual for pumping operations. The contractor will need to decide what size is needed.
Mr. Hawkes explained that the applicant is trying to let the contractor decide what to do. He doesn’t want to slow the contractor down by determining the means and methods to use.
Mr. Scala added that the applicant doesn’t want to oversize and over-design the project. He understands staff’s concerns. He noted that it can be designed by the applicant and still go wrong, and it can bring the cost way up.
Ms. Bednaz suggested not allowing any overflow to be overland so that no new scouring takes place.
Chairman Maxellon stated that outside perimeters at the least are needed; this is a sensitive area.
Mr. Scala stated that he would draft some sort of specs for staff and the IWWA’s review.
Agent Camidge asked what the correct application number is.
Ms. Bednaz stated that it changed from 10-02 to 10-04.
Ms. Bednaz, noting that it is a very tight area, asked who drafts guidelines for the storage areas.
Mr. Scala stated that the D.E.P. has asked that access be maintained to the park. The road is to be closed at Powder Hill Road for most of the construction. That area can be used for storage except for pedestrian traffic. He feels that this will be sufficient for storage.
Ms. Bednaz felt it would be reasonable to add some specs into the conditions of approval regarding the location of the storage yard, etc.
Agent Camidge asked if the existing outlet that is to be replaced, will be removed.
Mr. Scala responded that it outlets to the west. Most of it will be removed and the end will be plugged.
Agent Camidge, in reference to the project photos submitted, asked if anything will be done about the erosion along the banks.
Mr. Scala replied that nothing will be done because, unfortunately, it is located beyond the project limits.
Agent Camidge stated that she expects that there will be issues there in the future. She asked when the project will start.
Mr. Scala responded that it will start later this year with possible plantings next spring.
Agent Albert noted that the project is to have D.O.T. and D.E.P. inspectors on site. Federal, state and local regulations will be followed by the contractor.
Mr. Scala stated that the contractor will need to abide by the most stringent conditions within the contract. If the IWWA conditions are more restrictive than the federal conditions, the contractor will follow those of the IWWA.
He added that he will provide the Army Corps of Engineers’ and the D.E.P.’s and D.O.T.’s comments to staff for distribution to members.
Agent Peruta asked who will be inspecting the site.
Mr. Hawkes replied that 5 consultants have been interviewed and were pre-approved by the D.E.P. A contractor has been selected and submitted to the D.E.P.
Mr. Scala explained that there will be 1 full time inspector – a “chief” inspector” who would be a licensed engineer or NISN Certified. It would be someone who is experienced in bridge and highway construction and understand specs and plans.
Agent Peruta expressed his concern over potential damage to the area. The Agency wants to protect the river and wildlife.
He asked if the consultant has a background in D.E.P.
Mr. Hawkes replied that the Town has hired GN Square. The company is a structural engineering firm and has other staff that they can call in.
Agent Staples noted that this is not Mr. Scala’s first bridge project and there will also be D.E.P. and D.O.T. inspectors on site.
Mr. Scala added that if this were a million dollar project, there would be a full time environmental specialist on site. This is a comparatively small project.
Mr. Hawkes noted that the South Road project, which is over 1 mile long, will also have only 1 inspector. The Federal Government funding limits how many people can be on site.
Mr. Scala stated that he understands the IWWA’s concerns. He worked for the D.O.T. for 13 years and has over 20 years experience in this type of work.
Chairman Maxellon reiterated that this is an extremely sensitive area. He has worked with D.O.T. inspectors also. He feels that the contractors need some guidelines. He is not concerned over the structural engineering portion. His concern is over the environment and wetlands.
He added that he understands the desire to shift responsibility to the contractor but he feels that they need some parameters.
He is concerned over the overflow to the river from the temporary dams.
He also expressed concern over the current erosion crossing the road and entering the river. He asked if anything can be done about this.
Mr. Scala stated that because it is out of the project limits, nothing can be done.
Chairman Maxellon noted that the Town will no longer have a wetlands agent to make inspections, after July 1. He would like to see GN Square provide someone with Inland Wetlands experience.
Mr. Hawkes stated that the contract will be awarded in May, 2010. Work will begin in June and work will be in the water in July.
Chairman Maxellon requested that any additional information be given to staff as soon as possible so that it can be included in members’ packets for the next IWWA meeting.
At this time, Chairman Maxellon opened the hearing for public comment.
Mr. Ralph Sweet, owner of the Powder Mill Barn, 32 South Maple Street, Enfield stated that all of his concerns have been answered. He is in support of the project.
He noted that his property is downstream of the bridge. The river is eating the bank – removing 25 to 30’ from what the maps of 1880 showed and 4 to 5’ since he’s been there.
No one else in the audience came forward to speak for or against this application.
Chairman Maxellon closed the public hearing portion of the meeting at 8:15 p.m.
6. Call to Order of Regular Meeting: The regular meeting was called to order by Chairman Maxellon at 8:15 p.m.
Present were: Chairman Maxellon and Agents Abar, Albert, Camidge, Lemay, Peruta, Staples, and Szczesiul.
Also present were Katie Bednaz, Wetlands Agent and Susan Berube, Recording Secretary.
Agent Szczesiul was seated as a full voting member for the regular meeting.
7. Public Participation - Issues of concern not on the agenda: None.
8. Correspondence: Ms. Bednaz briefly reviewed the correspondence from the meeting of March 16, 2010. This included:
· CAWS vernal pool monitoring program
· Army Corps of Engineers Category I Eligibility Determination Form
· Army Corps of Engineers highlights from 02/26/10 presentation
· Farming Exemption Criteria Clarification.
Ms. Bednaz then briefly reviewed the correspondence included in members’ packets for this meeting:
a. Public Works Correspondence Regarding Sharp Street
b. "Legislature Restores Consideration of Wildlife to Inlands and Watercourses Act" Article
c. ERT Program Update
d. "Wetlands In the Courts - Recent Cases" Handout
e. DEP 2009 Legislation and Regulations Advisory
f. "Notification of Timber Harvest Form"
g. "The Habitat" It was noted that this publication has not only articles that are useful, it also has numerous advertisements for products that applicants propose to use in their projects. These advertisements often have websites which provide more information that could prove helpful to members in learning about how these products work.
9. Commissioner's Correspondence: Chairman Maxellon noted that the power line expansion was approved and the lines will not be going through Enfield; they go through Suffield.
He also noted that due to budget cuts, it is anticipated that Ms. Bednaz’s position will be eliminated as of June 30, 2010. It is likely that Mr. Giner, Director of Planning will become the IWWA liaison.
a. Site Visit Updates: Agent Lemay reported that the silt fences had fallen over during the recent heavy rains. They are now re-installed.
10. Approval of Minutes - February 2, 2010: A motion was made by Agent Camidge and seconded by Agent Szczesiul to approve the minutes of the meeting of 02/02/10 with the following amendment: page 5, 4th paragraph, second was made by Agent Camidge, not Agent Abar; page 6, 4th paragraph, second was made by Agent Camidge, not Agent Abar. Vote was 6-0-1(Lemay)
March 16, 2010: A motion was made by Agent Camidge and seconded by Agent Szczesiul to approve the minutes of the meeting of 03/16/10 as presented. Vote was 7-0-0.
11. Wetlands Agent Report: Ms. Bednaz briefly reviewed her written report.
With regards to the washout long Sought Maple Street, she suggested that perhaps the D.P.W. could make necessary repairs. She will look into this further.
Ms. Bednaz also noted that it has been discovered that Japanese Barberry plants host a large number of ticks, approximately ½ of which are found to be infected with Lyme Disease.
Ms. Bednaz also stated that the Town’s Engineering Department is slated to have a major layoff as well. She is unsure how that department will function in relation to the IWWA’s needs.
Agent Peruta expressed concern over possible slope failures at Sun and Play Streets.
Chairman Maxellon added that a tree fell down at 42 Play Street.
Ms. Bednaz replied that she is unsure if the D.P.W. has looked at this. She has not had a chance to follow up yet. There was a washout earlier in the spring. It was not 100% stable, but close.
She suggests that something stronger than a silt fence be installed, perhaps triple hay bales. This would be expensive, though.
Agent Peruta stated that he will check the area again.
Chairman Maxellon stated that it would be a shame to let the slopes go back to what they were, after all of the money that was spent to repair them.
12. Old Business
a. IW-534- Enfield Properties - is requesting a permit to construct two office buildings and five residential apartment buildings 153 South Road and adjacent lots (Map 55, Lots 80, 93 & 99), within the regulated area. Submitted 12/15/09, received 12/15/09, PPE 12/29/09, MPHCD 2/23/10, EMPHCD 3/16/10: Agent Staples recused himself from discussion on this application and left the meeting for the evening (8:50 p.m.).
Ms. Bednaz noted that a request for an extension to 04/06/10 should have been given to the IWWA at the meeting of 03/16/10. She requested that the applicant provide one soon.
Ms. Bednaz noted that she created a memo for the file to show that all outstanding IWWA concerns on this application have been addressed.
She also drafted a memo to the PZC regarding rotational mowing, as previously requested by the IWWA.
Agent Peruta, in reference to proposed condition #21, suggested that the inspector should be certified in some way.
Agency members discussed the need for the inspector to report his/her findings regularly to the IWWA. It was suggested that the inspector’s report could be emailed to Agency members.
Discussion also took place as to the cost of the inspector and who is responsible for hiring and paying for the inspector.
Agent Albert wondered if the Town would be hiring a consultant to take Ms. Bednaz’s place on things such as inspections.
Ms. Bednaz stated that the IWWA regulations state that the applicant must pay for an independent inspector, approved by the IWWA.
Agency members discussed the possibility of changing the condition of approval at a later date if the Town has a consultant and the applicant no longer needs to provide an independent inspector.
Ms. Bednaz noted that this would require a modification of permit, at a cost for the applicant. The process would have to be started by either the applicant or IWWA as it would not be automatic.
After further, brief discussion, this option was found to be agreeable to both the applicant and Agency members.
Condition of approval #21 was changed to reflect her 1st draft with inspections to take place every other week.
A motion was made by Agent Peruta and seconded by Agent Lemay to approve IW 534 with the standard conditions numbered one through seventeen, as well as the following conditions numbered 18 through 26, with condition #21 revised as discussed:
18. The yard drain proposed to be located on Ronal & Rebecca Calabrese’s property, Map 55, Lot 94 may only be installed within the existing lawn area and not within the tree line. It is also recommended that a drainage easement be provided for this structure so that it may be properly maintained.
19. Stated on sheet LS-1 of the project plans “… 6 foot high, white panel fence may be installed along property line as determined in field with abutting property owners and Project Landscape Architect. Final location to be determined in field and adjusted to preserve existing trees.” The specifications of the fence shall first be submitted to the IWWA or their designated Agent for review and approval prior to installation. Currently, a portion of the fence is shown to be located within wetlands. The installation of the fence shall accommodate for wildlife migration and minimize impacts to wetlands. Erosion controls shall be installed to prohibit any disturbed soil from migrating into the resource areas.
20. A performance surety bond in the appropriate form shall be posted for 125% of the cost estimated by the applicant and confirmed by the IWWA Agent for the wetland mitigation activities (creation, enhancement, replacement) as proposed in the approved plans. The bond may be released by the IWWA Agent after the report is received following the third complete growing season for each mitigation area, as approved and completed to the Agent’s satisfaction. The bond may be held for a longer period of time until it is determined that the mitigation areas are performing as designed. Release of the bond by any other agency, board or commission does not remove the permittee’s obligations with regard to this permit condition.
21. In accordance with Section 18.2 of the Inland Wetlands and Watercourses Regulations most recently revised in February 2005 an independent inspector who is a Certified Professional in Erosion and Sedimentation Control (CPESC) or equivalent shall be hired by the Town of Enfield at a reasonable cost and paid for by the applicant to conduct inspections every other week for the Town of all erosion and sediment control measures and report their findings to the IWWA every other week. Inspections shall be conducted every other week during active construction and every three weeks when construction is inactive and soils remain exposed. Inspections shall be completed after each rain event of greater than 0.5” as determined by NOAA nearest rainfall gauge. The content and presentation of the weekly reports shall be reviewed and approved by the IWWA Agent prior to the start of any construction activities. The independent inspector shall be contracted with prior to the start of work. Payment for approximate three months of inspection shall be forwarded to the Town by the applicant for future payment of services prior to the start of construction. Funds shall be replenished prior to the balance dropping below the estimated cost for one inspection.
22. A wetland scientist, hired by the applicant, shall be on-site daily during the construction of the wetland mitigation areas. A weekly report that details progress, issues, solutions and determinations shall be submitted to the IWWA for tracking of the mitigation area construction progress.
23. A Conservation Restriction in favor of Enfield Properties, as shown on the approved plans shall be placed on the applicable properties prior to the issuance of the Certificate of Occupancies for each subject property. A copy of the draft or final deed for each parcel must be submitted to the Inland Wetlands and Watercourse Agent for review and approval. Conservation restriction markers shall be installed in accordance with Town requirements, by a licensed surveyor, at the applicant’s expense. Easement markers will be provided by the Planning Department. Where no trees are present greater than 6” dbh, easement markers shall be placed on 4” x 4” wooden posts to demarcate the easement boundary. Markers shall be placed at a minimum of 40 feet apart.
24. All wetland creation, restoration and enhancement activities shall be completed as part of Phase 1 of the project unless otherwise approved in writing by the IWWA or their designated Agent.
25. Mitigation for the projects impacts will be completed in accordance with the plans detailed in item 15 of this approval as well as specified in Rema Ecological Services, LLC February 16, 2010 Wetlands Assessment Report and Rema Ecological Services, LLC March 16, 2010 Mitigation Monitoring, Post-Construction Vegetation Management, and Release of Biological Control for Purple Loosestrife” letter report, both included in the project file.
26. Mitigation has been proposed that includes rotational mowing of the open field area to the south of the commercial development so that it is maintained. The schedule for this mowing is included in REMA Ecological Services, LLC March 16, 2010 letter report regarding “Mitigation Monitoring, Post-Construction Vegetation Management and Release of Biological Control for Purple Loosestrife”. This mitigation is designed to continue for the life of the development, which in most cases will continue beyond the validity of this approval. Therefore, it is recommended that this mitigation also be included on the site plan approval by the Enfield Planning and Zoning Commission (PZC). A memo requesting such has been submitted to the PZC from the IWWA.
Vote was 6-0-0. Reason for approval was that the project will not have an adverse impact on inland wetlands and watercourses.
13. New Business: None.
14. New Applications to be Received
a. Applications to be received after Town deadline for Agenda: None.
15. Other Business
a. IWWA Fines Ordinance
b. IWWA Fee Schedule
c. IWWA Regulation Revisions: It was the consensus of the Agency members to schedule special meetings on April 15 and April 29, 2010 at 7:00 p.m. to discuss the IWWA fee schedule and IWWA regulation revisions.
A motion was made by Agent Camidge and seconded by Agent Szczesiul to table discussion on agenda item 15a. to the IWWA regular meeting of April 20, 2010 and agenda items 15b & c to the IWWA special meetings of April 15 and 29, 2010. Vote was 6-0-0.
It was the consensus of the Agency members to approve the memo drafted by Ms. Bednaz dated 04/06/10 and addressed to the PZC regarding IW#534.
d. Next regular meeting is Tuesday, April 20, 2010 at 7:00PM in the Council Chambers.
16. Adjourn: A motion was made by Agent Camidge and seconded by Agent Albert to adjourn the meeting at 9:15 p.m. Vote was 6-0-0.
Respectfully Submitted,
_________________________________
Jo-Marie Nelson, Secretary
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