TOWN OF WILLINGTON
INLAND WETLANDS AND WATERCOURSES COMMISSION
MINUTES OF MAY 3, 2004
A. Call to Order
Metzler called the meeting to order at 7:35 p.m.
B. Roll Call
Members Present: K. Metzler, Chairman
D. Schreiber, Vice Chairman
G. Blessing (arrived 7:59 p.m.)
L. Kouyoumjian
Members Absent: S. Calvert (alt.)
Members Excused: F. Dirrigl
Also Present: S. Yorgensen, Inland Wetland and Watercourses Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
No alternates were seated.
D. New Business
1. File #W2004-09 – Application for a Single Family Dwelling on property located at
92 Balazs Road (Map 49, Lot 5). Owner: John Balazs; Applicant: KMC, LLC.
(Received 4/12/04, Decision by 6/14/04.)
Mark Peterson of Gardner and Peterson said the property, which was once a gravel operation in the late 1970’s consists of 23 acres. He said an existing road off of Balazs Road will be widened and utilized for a driveway for the proposed dwelling. He said they are proposing to replace the two existing culverts in the wetland area with pipe of adequate capacity.
Mr. Peterson said they have received EHHD approval for the engineered septic system for the four-bedroom home. He said that they have to address a comment by Karl Acimovic requiring adding stone rip rap, and are happy to do so.
Yorgensen said that activity has taken place. She said that Mr. Crossen shouldn’t be doing anything without a permit, and since activity had been initiated prior to an application the fee submitted was not adequate therefore the application was incomplete and the Commission could deny the application. She said that Karl Acimovic and Assistant Agent Jones had visited the site.
Mr. Peterson said that 24” culverts are called for.
Mr. Peterson said that whatever is in will have to come out if it’s not the proper size. He said that today, when he did test holes, he noticed that excavation had been done.
Metzler asked if the proposed activity only consists of two culverts, and Mr. Peterson replied yes. Mr. Peterson said that a short section of the footing drain is within the regulated area, so vegetation of the proposed leach field will be preserved. He said the proposed house is in the old gravel area. He said the tree line is on the southeast side, that the wetlands and vicinity are heavily wooded, and that there is a lot of brush near the regulated area.
Yorgensen said that since activity has been started prior to the issuance of the permit, a $250 fee is required. She said they could deny the application. She said she hadn’t reviewed the plan yet. She asked if the house had an alternate location, and Mr. Peterson said that due to extensive wetlands, the proposed location is the only viable one.
Blessing arrived at 7:59 p.m.
Metzler asked Yorgensen for a soil survey. He said he wanted staff to look at this application. He asked if Mr. Peterson had seen the size of the pipes, and he replied that he hadn’t. He said that Jones said 10 inches or 24 inches would be required, and they are proposing 24 inches.
Metzler said he would like Mr. Peterson to visit the site and propose a correction. He said he would like to see a better assessment of the wetlands as well. He would like staff to review the application as well.
E. Old Business
1. File #W2003-44 Notice of Violation – Filling of wetlands and grading and filling
activity within the upland review area without permits on property located at 315
Daleville Road (Map 7, Lot 10B). Owner: Harold W. III & Rene Bruce; Contractor:
All-Phase Enterprises, Inc.
Blessing said he had talked with Mr. Bruce tonight and Mr. Bruce is waiting for All-Phase to finish the work. The matter was tabled.
2. File W2004-11 – Notice of Violation – Maintaining a stump pile, stockpile of
potential topsoil, and compacted brush storage pile within a wetland and upland
review area on Clover Spring Farm Subdivision Phase II property located off Battye
Road (Map 9, Lot 7). Owner: Joseph Voboril.
Joe Voboril handed out information. He said the activity is agricultural; he is growing mushrooms on the stump pile now, and would like to leave the pile in place until the mushrooms are harvested. He said the stumps are mostly oak.
Blessing asked why this location was chosen for the stump pile, and Mr. Voboril answered that there is a lot of shade and moisture there. He said the stump pile is near the wetlands not in the wetland area. He said it is in one of the subdivision lots.
Yorgensen expressed skepticism about Mr. Voboril’s maintaining a mushroom growing area, calling it a “weird thing” that “sounds like a joke.” She reminded Mr. Voboril that having more than 10 cubic yards of material is a violation of the DEP solid waste regulations, and said she would contact that department since he has piles of approximately 3,000 cubic yards.
Schreiber said that “a subdivision is a subdivision and an agricultural pursuit is an agricultural pursuit.” He said we have jurisdiction over subdivisions and Mr. Voboril couldn’t have both.
Mr. Vobiril said he would like to “crop out” before removing the stumps.
Schreiber noted that the review area is not supposed to be scarified.
Metzler said the main concern is that the plans approved didn’t show a stump stockpile or the top soils stock piles in these areas He said the stumps came from Phase II.
The second issue is the soil stockpile with no erosion controls around it. Mr. Voboril said that brush is growing on the stockpile of topsoil and that the stockpile is stabilized.
Yorgensen said that a regulated area is not an approved stockpile location. She said it’s on a lot and the location is not on the plan. She said the location is not easily accessible.
Metzler asked how far the soil stockpile is from the stream, and Mr. Voboril replied probably 100 ft. He said there is drainage about 30-40 ft. from the pile.
The third issue is the brush piles. Mr. Vobiril said the brush piles are too wet to work. He said there is brush in the wetland. He said he would like to get vegetation growing on the loam piles. He said there is surface water coming in. He said the brush can be removed but he would like to get things stabilized first. He said the brush consists of Christmas trees which were planted in the area, soil, rocks and brush and were used to make a berm to hold the water back.
Blessing asked what water it was holding back and from getting it where. Voboril said it was stopping the water from getting into the wetlands.
Metzler said the plans did not call for such a structure. Yorgensen said it is about 20-30 ft. wide and about 100 ft. long; she was there just before March 30. Metzler said he was concerned that the stump pile, stockpile of potential topsoil, and compacted brush storage pile were not permitted activity and are deviations from the plan.
Saturday, May 22 at 9:30 a.m. was set for a site walk.
Yorgensen said the Commission could call for erosion control bonds.
3. Violation: Travel Centers of America (the Lessee) and George Giguere of Royce
Properties (the Owner) of property located at 327 Ruby Road.
David Plummer, Environmental Associate for Travel Centers of America, said they had brought in topsoil and started to replant the basin last fall. He said he has been involved with the site since 1999 or 2000.
He said that when the spill occurred they did everything they could to pull the contaminated material out of the basin (27-28 roll out boxes for disposal) and replace it. He said they put new topsoil down at the suggestion of Rich Snarksky. He said the water is planned to be no more than 6” deep so that cattails can grow.
Mr. Plummer said that, per the DEP, they are still pumping from the basin until information is submitted for review and approval, at which time discharge will be started up again. He said they are pumping into a fractionation tank, which is like a big oil/water separator. He said they haven’t seen any free product out there.
Schreiber asked if the membrane had been inspected, and Mr. Plummer replied that they did place a concrete barrier one-half way up. He said it is holding well but there is another problem further up and that will be blocked soon. Yorgensen said there is more than one problem area along the remainder of the wall.
Yorgensen said she took pictures today of the biofilter, and showed the pictures to Commission members.
Blessing asked if it was brought down to the clay, and Mr. Plummer replied not that far. Blessing asked if a sampling of the media was done, and Mr. Plummer replied yes. Blessing asked some further technical questions.
Mr. Plummer said the biofilter is a work in progress. He said that the spring rains “haven’t helped” to keep the cattails in place. He said they did leave a large area near the influence were the cattails were undisturbed.
Metzler asked about the baffle berm shield, and Mr. Plummer replied it was installed this week – there is no outlet at this point. He said they have a permit to pump out from the DEP now.
Mr. Plummer said that concerning the cause of the spill, events were gone over in depth at the meeting last year. He said that the briefly recap, the spill appears to have occurred February 18, 2003, when there was a 22 inch snowfall, from circumstantial evidence. He said the driver lost part of his load. He said when the hose ruptured or came off, the oil went into a catch basin near the tanks. He showed pictures that indicated a large spill. He said the oil went down the storm system toward the pond; when it got down to the 18,000 gallon separator, the catch basin weir diverted the water through the separator, as it was designed to do. He said when it got over the flow level; it apparently went straight out to the pond instead of into the 18, 000 gallon separator. He said we think we
only lost 3,300 gallons this way.
Yorgensen asked how about the 7,000+ gallons that the DEP said were recovered, and Mr. Plummer explained that that amount included the pumping of the oil water separators.
Metzler said that the volume was such that it over-topped the separator, and Mr. Plummer agreed. He said that Travel America was not involved in the design. Yorgensen replied that Travel America brought it before this Commission.
Blessing said it was a 42 x 28 with twin 36 x 24’s, which gives significant flow volumes for storm events.
Schreiber said the design was not right. Mr. Plummer said that revisions have been made to DEP specifications. He said it takes 20-30 minutes for a 7,500 gallon load to be dropped at 100 gallons a minute. He said it is dropped compartment-by-compartment.
He said the 6,000 gallon separator drains the diesel fuel islands and the spill bed around the tank area. He said that shortly after this occurred, we installed s 500-gallon tank on the back of the separator. He said this provides a secondary catchment for oil going through the separator. In reply to a query by Schreiber, Mr. Plummer said there is now an electronic warning system that could be installed but they have manual measurement.
Mr. Plummer said that although the electronic monitor would allow for a relatively quick response, they are relying on employee response as well.
Pumping procedures were discussed. Yorgensen said both he 1997 and 2000 SPC plans call for someone to be there with the driver when fuel is delivered and they are filling the underground tanks; the key is not just supposed to be handed over to the driver. Mr. Plummer admitted this was not always done, but said it would be from now on.
Blessing asked if valves are part of the O&M plans, besides skimming systems. Mr. Plummer said the separator maintenance plans are monitored twice a month, with reports sent to the oil/water contractor. He said when sludge gets to 6 inches, the separator is completely cleaned, and the valves are checked. He said the valves are always open. He said the CT DEP is probably going to require a holding tank without discharge.
Blessing asked what happens beyond 6,000 gallons, and Mr. Plummer replied he didn’t know.
Mr. Plummer showed the last few pages of information regarding the 18,000 gallon separator. He said it is a big concrete tank.
Metzler asked if the baffle was the problem instead of the oil/water separator, and Mr. Plummer confirmed it was. He said construction will be done over several weeks during the summer.
Schreiber asked if the wall stone was adequate for the head pressure, and Mr. Plummer replied that it was. Blessing asked how the system will be made fail-safe, and Mr. Plummer said that monitoring of the deliveries should be occurring, with the possible addition of camera monitoring.
Yorgensen said “it was told to us by more than one person on more than one occasion that someone can’t always watch the fuel the fuel deliveries,” although the spill prevention plan says that an employee must monitor deliveries.
Mr. Plummer said that although the nozzle may be one of many possible problems, the only evidence they have for certain is the oil stain. He said they interviewed drivers that were on that night and nobody said anything.
Yorgensen asked if the tickets showed the reading, and Mr. Plummer replied no, that nobody took inventory before or after. He said he didn’t know if the driver “sticked the tanks” before and after.
Blessing commented that it seems a fair number of human errors occurred as well as a snow storm.
Mr. Plummer replied that analytical testing is required twice a year, generally in the spring and again in the fall. He said a sample is taken where the water comes into the pond and also where it goes into the wetland, by permit. He said that 10 ppm is the limit for oil and grease. He said this limit has only been exceeded once on the influent, never on the effluent. He said they have a point source permit now. He said they are required to do an aquatic toxicity test; they have always passed except once when the control group of daphnia died. He gave Yorgensen a copy of the toxicity test, which is done annually. He said they’ve done other volatile and semi-volatile sampling, which has never indicated any problems with the discharge to the pond.
Metzler asked if the stream is sampled, and Mr. Plummer replied no. Mr. Plummer said that minnows are living in the stream now. Yorgensen said the DEP sent someone out recently and the representative thought there was a lack of aquatic activity.
Metzler asked how much petroleum bypassed the detention basin, and Mr. Plummer said he didn’t think it was that much, maybe 300 gallons. He said a lot of it was recovered with siphon dams that stopped the sheen. He said an insignificant amount made it to the Willimantic River. He said that Roaring Brook had no sheen after 300 yards. He said the sampling sites were on one of the maps. He said the sampling sites for the wetlands are on what was submitted previously. He said the consent order from the DEP requires us to perform two scopes of work we submitted. He said the first was to determine the cause of the release, describing what happened and how to prevent it from happening in the future. He said the second was to determine the extent of the contamination. He
said there are toe drains at the base of the hill and they are sampling there. He said eight wells have been installed and they will be sampling them soon; some of these didn’t hit water. He said they are getting someone out to look at the wetlands soon. He said that Jason Van Cour of GES is the consultant on the project. He said that the FedEx well and wells of some residents were sampled and nothing was found. He said no Benzene has been found in potable water for l l/2 years. A discussion regarding the MTBE found in the potable water wells ensued.
Mr. Plummer said that two separate reports for the state are in progress, and that copies will be sent to Yorgensen when the report is complete. He also said that he would get Yorgensen on the online database.
Mr. Plummer said he wanted a “sundown date” for the bonds. He asked Yorgensen for the current list of what is required for bond release. Yorgensen said that although she didn’t have such a list, three points are involved; one is that bio-filter plantings be established. Metzler said the bonds will be reviewed in the fall.
Yorgensen said the Commission has asked her to visit the site. She said the SPCC Plan has been looked at. She said some of the outside barrels are not accurately labeled. She said spill materials are not currently stored in one spot. Mr. Plummer said they are going to gather them together and have a complete container have at the main building and the shop where spills would most likely occur.
Yorgensen said that hazmat is not included in the monthly meetings as required by the Plan. She said they do have monthly safety meetings. She said when a new employee is hired he or she gets HAZMAT training, which looks to be a good program, but that’s the only time the training occurs. Mr. Plummer said that would be addressed.
Yorgensen asked if the barrels out near the diesel islands, waiting to be picked up, are covered, and Mr. Plummer replied that they should be. Yorgensen said there are large pieces of asphalt missing in the truck parking area, and Mr. Plummer replied the area will be paved sometime this spring.
Metzler said the violation remains in place at this time. He said we want to look at reports. He said we want to see the baffles taken care of.
Yorgensen said there is a lot of slope erosion in the bank around the biofilter. Metzler said the basin is affected by the erosion debris. Yorgensen said the erosion needs to be fixed.
Blessing said we want to make sure that human error doesn’t happen again. Mr. Plummer said that employees need to be trained and motivated. He said they want to keep their reputation. Metzler thanked Mr. Plummer for coming in.
F. Approval of Minutes
MOTION: To approve minutes of April 12, 2004.
By: Schreiber Seconded: Kouyoumjian
Result: Motion passes 3-0-1 (Blessing abstains).
G. Staff Report and Discussion
Yorgensen said a new alternate, Kathleen Pacholski, will be a member as of May 15. She introduced Pacholski.
Files W2004-09 and W-2004-11 were discussed briefly.
H. Correspondence
1. Letter dated April 20, 2004 from Kenyon & Cutler to the Chairman of IWC
Re: Willington Public Library
2. Cover letter dated April 26, 2004 and reports from Denise Ruzicka of the DEP to
CT IWC Agencies
Re: Statewide Inland Wetlands and Watercourses Activity Reporting Program
Status and Trends Report for the Year 2001 dated December 2003
Municipal Inland Wetland Commissioners Training Program
2000 Summary Report dated December 2003
Correspondence was reviewed.
I. Adjournment
MOTION: To adjourn at 10:14 p.m.
By: Kouyoumjian Seconded: Schreiber
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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