Inland Wetlands Commission
APPROVED MINUTES
Regular Meeting
April 22, 2009 7:30 p.m.
31 Pecks Lane, Newtown, Connecticut
Present: Peters, Salling, Pieragostini, Curran, Gillingham, and Bryan
Staff Present: Rob Sibley, Deputy Director, Ann Astarita, Wetlands Enforcement Officer and Tammy Hazen, Clerk
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Commissioner Peters opened the hearing at 7:30 p.m.
Violations
Show Cause Hearing - #09-06 Gov Real Estate, LLC, Newtown Car Wash, 1 Simm Lane.
Atty. Joseph William of Shipman & Goodwin, Hartford presented information regarding the Cease and Desist Order issued on Newtown Car Wash on April 2, 2009 for the discharge of waste water. The discharge began approximately 9:30 a.m. and ended at 10:30 a.m. and contained roughly 2,500 gallons of waste water that originated from Tank #3. The applicant apologizes to the community and does not contest the Cease and Desist Order. He stated that the car wash operates on a closed system that cleans and recycles water. There are three tanks and a filtration device that processes the waste water.
The DEP was on site the day of the incident. Moran Environmental Recovery, working under the direction of the DEP, was hired to contain and remediate the discharge. Their summary report was distributed. To date, over 81 tons of soil and 3,500 gallons of liquid were removed; hay bales and silt fence have been installed; and booms were placed in the stream.
Sovereign Consulting (Shari Hardman, L.E.P.) was retained to manage and oversee the investigation and remediation work. Ms. Hardman could not be in attendance. The firm has submitted a response to the DEP. Triton Environmental was also retained to do an independent review of equipment operations. Motors, hoses and filters have been replaced, storage tanks have been cleaned, and locks will be installed on manhole covers to limit personnel access. The car wash was closed for a week to complete a full inspection.
Carver Glezen, L.E.P., from Triton Environmental provided an overview of the car wash’s operations, their management and compliance plans, and reviewed the response measures and remediation that has been done so far. He noted that Moran Environmental scraped 6 to 12 inches of affected soil. Metals testing indicate that response measures were successful. The petroleum hydrocarbon concentrations, with the exception of one sample (#SS10), were below the remedial standard for CT (500 ppm). Additional soil will be removed. Lead and barium were also detected.
Commissioner Peters asked for an overview of the impact and affected areas. Mr. Glezen found out from Moran Environmental that a hose directed waste water across the parking lot towards two catch basins but that some water may have jumped the curb and flowed into the grass. A vacuum extraction truck was used to suck water from both basins. Commissioner Peters asked about the impact to the CL&P easement. Mr. Glezen said that a sample taken shows levels above the CT remedial standards, but that there may be other sources contributing.
Ann Astarita addressed the Commission and noted that she and the Fire Department were present that day and observed the discharge flow from the drainage area to the pond at the end of 3 Simm Lane and that hoses were placed directly on the grass area as well as into the catch basins.
Commissioner Bryan asked what the reading was in the wetlands. Mr. Glezen answered approximately 7,000 ppm. The standard is 500 ppm for residential and 2,500 ppm for industrial. Commissioner Bryan asked how far the sample was taken from the boom. Mr. Glezen stated that the boom was gone when he got there. It was noted that the excavated material showed levels of 16,000 ppm.
Mr. Sibley noted there was petroleum sheen clearly visible approximately 600 linear feet from the original discharge point along the stream and down to the water body. A confluence sample taken approximately three hours after initial discharge received a 2.5 mg per liter TPH reading. He asked if this was the first discharge known to the property owner or car wash manager. Atty. Williams said he was not sure but stated that the applicant uses Hickey Septic Service and asked to let the process with the DEP continue and then they would return to the Commission when they received more information. Atty. Williams stated that they will submit a copy of the Compliance Assurance Plan to the Commission.
Commissioner Pieragostini motioned to recommend that the Commission uphold the Agency’s Cease and Desist Order for Inland Wetlands Violation #09-06. It is further recommended that the violator submit an application and receive approval for wetlands mitigation associated with the discharge within 60 days of this order. The application must contain:
1. Mitigation plans for the wetlands and stream;
2. A summary conclusion for the impact of the discharge;
3. Permission to access private properties affected by the discharge and mitigation;
4. Monitoring for the mitigation; and
5. A summary conclusion for the impact of the mitigation on the regulated areas at the conclusion of the restoration.
Motion seconded by Commissioner Curran. Motion carried unanimously.
Pending Applications
#09-02 Norman Nagy, 38 Cold Spring Road. Application related to the removal of a violation. (Vio #08-78)
Mr. Nagy was present to submit planting plans and noted each zone on the map is approximately about 15 to 20 feet. Also, there is a 2 to 3% slope (where one foot of flood affects a 15 foot area). The timing for the planting will depend upon the next phase of work but projects it may be done in the fall. There are still a few more trees that need to get cut down, which will be addressed with an additional application. Commissioner Salling motioned to approve this application with standard conditions A, B, C, and
1. The approved plan for the permit was received by the Commission on April 22, 2009 and that the applicant has stated that zones 1, 2, and 3 will be planted at approximately 15 to 20 feet per zone.
2. The applicant will begin planting as soon as reasonable according to his plan.
Commissioner Pieragostini seconded the motion. Motion approved unanimously.
#09-03 Simm Lane, LLC, 3-6 Simm Lane. Application related to the removal of a violation. (Vio #06-20)
Gaylan Semprebon, P.E., VP of Design Professionals, was present to discuss the application. Revised plans were distributed. The construction company responsible for the violation was asked to leave and the equipment and debris are being removed. The parking lot will be cleaned up and will only be used for overflow parking. One dumpster, associated with the window company, will remain. They have a chain across the entrance of the parking lot to hinder any more dumping and instead of a stone berm, there will be a grass buffer. A signed document from CL&P is forthcoming.
Mr. Sibley stated that he needs time to review the plans and noted that an Inland Wetlands approval does not approve the dumpster or use of the parking lot, which is the purview of the Zoning Department. The applicant is approved for one more 30-day extension.
#09-08 Art & Anne Norton, 3 Indian Hill Lane. Application to install a stone retaining wall.
Item tabled.
#09-09 Peter Gold, 20 Butterfield Road. Application related to the removal of a violation.
Mr. Gold distributed updated plans. Mr. Sibley stated that they meet the requirements of what was asked for. Mr. Gold requested the application fee to be waived. The commission noted that the applicant's fees will not be waived as requested but that a fine will not be issued. Commissioner Curran motioned to accept normal application fee for this new application. Commissioner Pieragostini seconded the motion. Motion carried unanimously.
Commissioner Curran motioned to approve the application with standard conditions A, B, C, E, and
1. The approved plan for the development is "Site Plan for 20 Butterfield Road, Newtown, CT, prepared for Peter Gold, dated November 2, 2008.
2. The applicant will complete the activities within two years of the approval.
3. On the first day of each quarter, the applicant will submit a completed quarterly report to the Commission, on a form provided by the Town office, containing the status of the permit until the permit activity is completed. Completion of the permit will be approved by the Wetlands Agent.
#09-10 Lewis & Maria Gotch, 18 Bridge End Farm Lane. Application related to the removal of a violation.
Item Tabled
#09-11 John Farley, 6 Pond View Drive. Application related to the removal of a violation.
Mr. Sibley discussed this violation regarding the filling in of wetlands. The original violation, dated January 28, 2008, was moved to legal in January 2009. Atty. Jesse Langer from Cohen & Wolfe negotiated a letter of agreement with the violator stating that the defendant would apply for an application to mitigate the damage by April 8th, that they would pay the fine associated with the violation, and that they would pay the fee associated with the application. If they failed to complete this, the Commission would proceed with continued hearings and seek relief associated with the application for injunction. The application submitted includes only four pages. Ann Astarita, called the attorney to make sure the applicant submitted everything. Commissioner Peters noted the lack of
information received. Mr. Sibley noted that there were no maps, plans or details associated with the application submitted. The one copy of an application submitted was a copy of an old application. Ms. Astarita and Atty. Langer have both given the applicant a copy of the application package. Commissioner Salling noted that the submission is unacceptable. Mr. Sibley stated the application is absent of most of the quantitative and qualitative information associated with the activity.
Commissioner Bryan motioned to deny this application as incomplete.
1. Specifically that the applicant has not filled in all the information required on the Inland Wetlands Application forms.
2. Specifically that the applicant has not provided the Commission with complete detailed plans describing the extent of impact and the restoration of the disturbed area.
Commissioner Pieragostini seconded the motion. The application is denied. This information will be forwarded to the Town attorney.
Other Business
Approval of Minutes – Commissioner Pieragostini motioned to approve the minutes of April 8, 2009. Seconded by Commissioner Salling. Commissioner Curran abstained. Motion was approved unanimously as amended.
Acceptance of New Applications
#09-12 Plaza South, LLC, 266 South Main Street.
#09-13 Stephen & Danielle DeGrazia, 3 Taunton Lake Drive.
Fee Schedule – Mr. Sibley recommended the addition of a $75.00 administrative fee for the recording of regulated activities in the Land Use office. Commissioner Salling motioned to approve a $75.00 administrative fee to be applied as of June 1st, 2009. Commissioner Curran seconded the motion. Motion approved unanimously.
Commissioner Pieragostini motioned to adjourn at 9:00 p.m.
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