HomeMy WebLinkAboutMinimal Encroachment or
TOWN OF SOUTH WINDSOR
INLAND WETLANDS AND WATER COURSES
APPLICATION
INLAND WETLANDS AGENCY ACTION THIS APPLICATION, ONCE INFORMATION IS COMPLETE
(SEE BACK OF THIS FORM), SHALL BE RECEIVED AT A
a, REGULARLY SCHEDULED MEETING OF THE AGENCY AT THE
APPLICATION NO. TOWN HALL.
RECEIVED DATE lo-aq -% THIS APPLICATION MUST BE FILED IN TRIPLICATE AT
THE OFFICE OF THE TOWN CLERK OF SOUTH WINDSOR BY
PUBLIC HEARING DATE 12 NOON AT LEAST 14 DAYS PRIOR TO THE FIRST
(if necessary) REGULAR MONTHLY MEETING DATE. THREE SETS OF MAPS
COMPLETED APPLICATION
OR PLANS MUST BE SUBMITTED TO THE TOWN ENGINEER
PERMIT GRANTED DATE AT LEAST 14 DAYS PRIOR TO THE FIRST REGULAR
PERMIT DENIED DATE MONTHLY MEETING DATE.
.�� l PLEASE PRINT OR TYPE. ( �/
1. APPLICANT-VO I 1T /��/� TEL. NO. k q-l�rpzl 10" 1
ADDRESS 51'ecy'VQ
11 / CITY & STATE / :ky. G.0,
2. OWNER �%//T�'/' ' ✓/cam TEL. NO. `��
ADDRESS 5APc!' P CITY & STATE -fe��-�!�S
3. LOCATION OF PROPERTY
NAMES OF A JACENT PROPERTY OWNERS y /C�� ��1�<�''�' "��' &l2 5�
�p
STATE CLEARLY AND BRIEFLY
k5. PURPOSES AND DESCRIPTION OF THE PROPOSED ACTIVITY,AND THE TIME ELEMENT INVOLVED:
ATTENTION: THE APPLICANT UNDERSTANDS THAT THIS APPLICATION IS TO BE NSIDERED
COMPLETE ONLY WHEN ALL INFORMATION S DOCUMENTS REQUIRED BY THE
• AGENCY.HAVE BEEN SUBMITTED.
'^---•/ ; APPROVAL MAY ALSO BE NECESSARY FROM THE PLANNING AND ZONING COM-
� z v�o MISSION.
R a g AN APPLICATION FEE IS REQUIRED. CONSULT THE_ZEGULATIONS
(SECTIONS -6.9, 6.9a 'and 6.9b).
�p� 5
A SIGN IS REQUIRED. CONSULT EGULA ONS (SECTIO 6.3a).
Ong
to z w SIGNED:
3 i z (A q
® �
Revised 8/12/85
CHECKLIST FOR REQUIRED INF ORMA.T I ON w
6. APPLIC.;AT HAS HAD Mir-PS AND PLANS CERTIFIED BY SOIL
CONSERVATION SERVICE TO VERIFY COMPLETE COMPLI.ANCE
WITH CONNECTICUT GUIDELINES FOR SUIL EROSION AND
SEDIMENT CONTROL ( A6 PER i-TiNDBOUK, A6 ATMENDEDED,
AND PUBLIC ACT 83-388, AS AMENDED.
DATE OF CERTIFICATION
7. APPLICATICR INFORMATION COMPLIES WITH .AGENCY'S
REGULATIONS ( SECTIONS 7.1, a through j.
8. REQUIRED FEE HAS BEEN PAID.
DATE RECEIVED
9. APPLIC.;AT ( OR DESIGNATED REPRESENTATIVE)HEREBY
ATTESTS THAT A SIGN WILL BE P TED AT THE FOLLOWING
LOCATION(S)
BY AVC461/ ` NAME )
ON OR BEFORE ThE FOLLOWING DATE
SIGNATURE
THIS APPLICATION IS FOUND TO BE COMPLETE AND NOW
(QUALIFIES FOR PLACEMENT Oki THE AGENCY'S AGENDA:
DATE SIGNATURE
Town Engineer
Agency Seely
Agency Chairman
THIS APPLICATION IS INCOMPLETE BECAUSE OF THE FOLLOWING
NUMBERED ITEMS ( FROM ABOVE ) AS CHECKED BELOW
1 2 3 4 5
6 7 8 9
Volume 421 Page Ng 516
5624 �
i
CONSERVATION EASEMENT
This Conservation Easement made this llth day of February, 1985 ;
i
by and between FRANCIS J. DAGON, JOHN J. MITCHELL AND WILLIAM F.
MITCHELL, hereinafter called "GRANTORS", and the TOWN OF SOUTH WINDSOR,
i
a municipal corporation having its territorial limits within the County `
of Hartford and State of Connecticut, hereinafter called "GRANTEE";
WITNESSETH:
WHEREAS, the GRANTORS are the owners of real property, hereinafter
described on Schedule A attached hereto and incorporated herein by
reference, situated in the Town of South Windsor, County of Hartford !
1
and State of Connecticut; and
WHEREAS, the GRANTEE, acting through its appropriate municipal
_ I
agencies, had determined that it would be in the public interest to
I
retain, maintain and conserve as a conservation area and for use as a
Wildlife Wetland Development Area, in its natural state, a portion of
I
the premises of the GRANTORS; and _
WHEREAS, the GRANTEE, acting through its appropriate municipal
i
agencies, had determined that the maintenance and conservation of said
property can beat be accomplished by the securing by the GRANTEE of a
e
conservation easement over, across and upon the said property of the
t
GRANTORS; and
WHEREAS, the GRANTORS are willing, in consideration of the need to
provide for open space, to grant to the said GRANTEE, the easement
i
hereinafter expressed concerning said property, thereby providing for
q the maintenance and conservation of said premises as a conservation
area and a Wildlife Wetland Development Area;
! NOW, THEREFORE, the said GRANTORS do hereby give, grant, bargain
and confirm unto the said GRANTEE, its successors and assigns forever
i the right, privilege and authority as a conservation easement and
i restriction to perpetually preserve, protect, limit, conserve and
i? maintain the land hereinafter described in its present natural, scenic
_# and open condition, with said Wildlife Wetland Development Area
therein.
j
PATTEpsay.CAse,r.HALFERN,GaAce&DonneaowswA P.C.
!t K n 3i ATTIXVIiYY AT LAW "
W OANLANO F OAC 18""LA 06"&M AY
ppU1M Wr408M Ci 3r0&C6 7A WM6RBPYsU].YT C.c lm osio0 .
Volume 421 Page N! 517
THE GRANTORS FURTHER COVENANT AND AGREES
1. To prohibit and refrain from the following operations after
construction of Wildlife Wetland Development Area, unless prior written
Sit express consent is obtained from the GRANTEE, acting through its
appropriate municipal agency or successor:
(a) the construction or placing of buildings, structures,
roads, signs, on or about the premisess
(b) the dumping or placing of soil or other substances or
materials as land fill or dumping or placing of trash, ashes, waste,
rubbish, junk, garbage or unsightly or offensive materialss
(c) the excavation, dredging or removal of loam, peat,,
gravel, soil, rock or other mineral substances
(d) the removal or destruction of live trees, shrubs or
natural vegetation, the killing of wildlife, or any other activity or
use detrimental to drainage, flood control, water conservation, erosion
• control, soil conservation, wildlife or the maintenance of the land and
wetland areas in their natural, scenic, open condition.
2. To maintain, repair and preserve the area within said
Conservation Easement to provide for the proper function of the
Wildlife Wetland Development Area within said area. {{
The foregoing Conservation Easement shall be permanent and shall f
be binding upon the GRANTORS and their heirs, successors and assigns,
and shall inure to the benefit of the GRANTEE, its successors and
assigns.
TO HAVE AND TO HOLD the above granted rights, privileges or
authority unto the said GRANTEE, its successors and assigns forever, to
)
its and their own proper use and behoof.
IN WITNESS WHEREOF, the GRANTORS and GRANTEE have hereunto set
A:
their hands and seals the date and year first above-mentioned.
J
a
i - 2 -
PArreaeot L Cneer.HALFaaN.GaAs&Oon reaowew,P.C.
wrron•¢rs Ar uw '
aoAKLAv0MPM iMOLwMDEMMw+ AY
e3LffMV.*JCGOF%CON,.O=74
WCflERBFlRD.CON-.0M08
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Volume 421 Page Oyu 518
Signed, Sealed d Delivered GRANTORS:
;t
i� a ion . SS�cavon FRANCIS J�AGQA
Y ,/
,L
via R. GeOrgeaa�
Ma ion G. S�cfa\r a JO J. CHEL
ccc 6cJ )C/Z. Gt C.�
/ Georg ylvia R. ge dis
j/ �. i
M ion G. SCavon AM F. MITC L
i
via R. Georgeadi
i �
k GRANTEEs I
TOWN 0 S UTH WILDS
I r
BY
Nis—
Its j
STATE OF CONNECTICUT)
ss. South Windsor February 11 , 1985
COUNTY OF HARTFORD )
JOHN J. MITCHELL AND ;.'• i
Personally appeared WILLIAM F. MITCHELL , Signe s of the.foregoing i
Instrument and acknowledged the same to be its free act and"deed,
before me. their
711
I rionG. bcavdne, otary lbubilc
" �lxxXeiFeY"22E�15 YXMht7E
My Commission Expi!@es:�a 3i/88
STATE OF CONNECTICUT) �- f
as. South Windsor February 11 • , .1985
COUNTY OF HARTFORD
Personally appeared FRANCIS J. DAGON , Signer of the foregoing
Instrument and acknowledged the same to be his free act and deed,
�.
before me. �•'LI on
Ma G. Scavdne; dtir. Public
lf`R757��74R4�}6X hr hx ��:�EX7fR�}�'
My Commission Exp#ei^ 3; 31/:88
STATE OF CONNECTICUT)
ss. South Windsor 11y��,�1985.
COUNTY OF HARTFORD )
Personally appeared , who acknowledged himself
to be the Town Manager of the Town of South Windsor, a municipal
corporation, and he as such Town Manager being authorized to do so,
executed the foregoing Instrument for the purpose's therein contained by t 1
signing the name of the municipal corporation by himself as Town
Manager, before me. (;
E
Notary Public f
My Commission Expires:
3
PArrsaeon4 CAsa r.HALverw GRACE 6 0cros cvvsKL P.C. ( -
ATTOF1VHVf AT LAW
M OA�Ma AGA0 9!YLY 09-4 I.G I A`/ !
0OLrHW►4DB0(i00WN0BW4 V,BTI.EPBFlEIDMhft OWCW
_ 1
Volume 421 Page No 519
' SCHEDULE A
Those certain parcels of land which indicate a Conservation Area
and a Wildlife Wetland Development Area, located on Strong Road,
in the Town of South Windsor, County of Hartford and State of
Connecticut and as shown on Lots 1,20, and 4 on Sheet 6 of 7
and Sheet 7 of 7 on a map entitled "MITCHELL 4 LOT SUBDIVISION
STRONG ROAD CONSERVATION EASEMENT PLAN Project 83-022 Date 1-23-84
Scale 1"-40' Drawn M.L.T. Design J.E.P. Checker J.E.P. Revisions
6-19-84 2-6-85 Page Engineering Inc. 1750 Ellington Road South
Windsor CT 06074 203 644-4691", which mapsare to be filed in the
office of the South Windsor Town Clerk.
DEC 4 1985 _
v^^.aivaa for Bocora �__af_._S�_aS �at.r._lttoou
Aeet.
( Town Clark
i
ATT Ma"AT LAW -
- nOAMAND RD" .M 6LAf O[AK HM*MAr
6oUTH WNBSOR.CON".05074 wermeRsmLo.cow 06106 -1
United States Soil
:tP�yl
Department of Conservation 340 Broad Stree
Agriculture Service Windsor CT 06095
Phone 688-4946
April 5, 1984
TO: Hartford County Soil and Water Conservation District
FOR: Constance Eriksson, Chairman
Conservation, Inland Wetland Commission
Town of South Windsor
RE: Mitchell Subdivision
Strong Road, South Windsor CT
COMMENTS:
1 CJ� Potential exists to affect the ground water quality on this site. With
high water tables and sandy soil monitoring of septic systems ma be
desired.
2 � Large quantities of fill may have a detrimental effect upon runoff into
Bancroft Brook such as increased flow and siltation.
3) iidlife habitat within the wetland may also be adversely damaged because
of filling, reducing, or changing habitat.
4) if houses are allowed to be constructed the following steps should be
considered
A) A sediment and erosion control plan needs to be designed and reviewed.
B) Allow all fill enough time to settle prior to any construction work.
C) Watch all work being done to the septic systems because of pollution
potential .
If you have any further questions or wish further assistance, please contact this
office.
Stephen L. Cashman,
Sail Conserevat Ion ist
CC: A. Bowen Davies, Deputy Engineer, Town of South Engineer
4-j Tr,e Soil Conservation Service
is an agency of the SCS-AS-1
Department of Agriculture 10-79
Hartford County R
Soil and Water Conservation District
Agricultural Canter,340 Broad St. - Windsor, CT 06095- Phone (203)688-4946
April 5, 1984
Ms. Constance Erlksson, Chairman
Conservation, Inland Wetland Commission
Town of South Windsor
1540 Sullivan Ave
South Windsor CT 06074
Dear Ms. Erlksson
A review of the Mitchell Subdivision on Strong Road has been completed and the
District would offer the following comments:
A detailed sediment and erosion control plan should be incorporated Into the
plans. The Connecticut Sediment and Erosion Control Handbook can be used for
reference.
Fn
uture filling of septic reserve areas could cause potential problems with
reased runoff and "sediment on adjacent lots due to the close proximity of the
reserve area to the adjoining property lines.
Great caution should be used in designing—septic systems on this site.
Standing water was observed in the area of the proposed houses and the sobs on
site are characterized by a seasonally high water table.
OThe wetland area on this site Is valuable as a wildlife habitat and as a
retentlon area for stormwater runoff. These functions would be reduced if the
development is constructed.
The District would respectfully request that all proposals for review be sent to us
as soon as possible, as it can take up to 30 days to complete a report for major
proposals. Your cooperation is appreciated.
if you Kave any questions, don't hesitate to call .
Sincerely,
S
VAAmy Parker
District Manager
CC: A. Bowen Davies, Deputy Town Engineer Town of South Windsor
CC: Steve Cashman, Soil- Conservationist, USDA SCS
I
United States Soil '
:340 Broad Street
: Department of Conservation Windsor CT 06095
Agriculture Service Phone 688-4946
November 19, 1984
TO: Hartford County Soil and Water Conservation District .
FOR: Constance Eriksson, Chairman
Conservation, Inland Wetland Commission
South Windsor CT
RE: Mitchell - 4 lot Subdivision
Strong Road - South Windsor
Resubdivision dated 6/19/84
_ SITUATION:
A prior review was done on April 5, 1984, and October 28, 1983 . It was for a
six-lot subdivision which has been reduced to four (4) lots .
OBSERVATIONS:
1) There is a large wetland area existing on this property and adjacent
to it . Development of these lots with the conservation_easement will
help maintain the quality of wildlife habitat in the area.
. 2) Septic tank systems need to be engineered and approved by a sanitarian
to assure a minimal effect upon groundwater. A major concern should
be the wells being located in the general direction of flow from the
septic systems . Due to a high water table and rapid permeability of
these soils , extreme care should be taken in designing septic systems
and locating wells .
3) The relocation of house lots and the additional conservation easement
- .-.....-- _-_..._-- - -
will reduce the runoff problem from the site. The .surrounding area
-
-- --—----- — --- ----- ---- --- -
deeded conservation land will also help
minimize drainage p--ob rlems -
from the site . --_--_—__.-_ _�.___.__.�------------------------ - ,.
4) If development does occur, primary concern of water table depth versus
the depth to the bottom of the septic system is critical. This is due
to the potential for leachates to enter the groundwater.
5) No sediment and erosion control measures were shown. Some type of
_plan should be developed and shown on the plan for review. Potential
for erosion of fill to wash into other wetland areas is very high.
6) Settlement or compaction of fill should be done carefully to limit
potential for settlement after houses are built .
If you have any questions or wish further assistance please contact this
office.
i
Stephen L. Cashman
Soil Conservationis
The Soil Conservation Service
is an agency of the
`,JCmopartAwtEtoiwanitLDasvies , Deputy Town Engineer, Town of South Windsor
___ CC: Jules Page, Page Engineering
0\qN SC
y ; r 7-aWI-2, 01'�? S-OttM d Zild -at
G V
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
��osoe•c�r AREA CODE 203/644-2511
November 7 , 1985
Mr. John M. Moran, Jr.., Chairman
Inland Wetlands Agency/Conservation Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut 06074
RE: 'Mitchell 4 Lot Subdivision, Strong Road
Conservation Easement Encroachment, Lots 2 & 3
Dear Jack:
Enclosed is a copy of plans submitted for a certificate of
occupancy for two of the lots in the above noted subdivision.
Based on a review standard that this department practices
that in inspecting each site for compliance with the regu-
lations prior to recommending aproval for a certificate-
of-occupancy, it was noted that the builders on these lots
violated the conservation easement.
On Lot 2 , the contours do not indicate the current conditions .
They show 8 ' change of grade in about 10 ' horizontal distance
East and North of the house. This is not so. On Lot 3 the
plot plan does show the disturbed area together with remedial
action. There is quantity of fill to be removed.
This would appear to require commission action.
Very truly yours ,
�U
A. Bowen Davies ,
Deputy Town Engineer
ABD/jsv
enclosures
CC: Thomas D 'Auria, Building Inspector
Lftl2 O-� � ,U L'
, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
�osoR.Cor AREA CODE 203/644-2511
November 26 , 1985
Atty . William. E. Grace
25 Oakland Road
South Windsor, 'Connecticut 06074
RE: John and William Mitchell
Lot #p2 Strong Road
Conservation Easement Encroachment
Dear Atty . Grace:
At the November 18 , 1985 meeting the Inland Wetlands Agency/
Conservation Commission discussed encroachment into the
conservation easement with fill material . John Mitchell was
present and indicated he would remove the encroaching fill
Pe_ g
at the direction of , and to the satisfaction of , the Deputy
Town Engineer. The work is to be done by December 1 , 1985 .
Based on the above conditions , the Inland Wetlands Agency/
Conservation Commission voted to allow the Certificate Of
Oc,cupancy to be released by the Deputy Town Engineer.
Very truly yours ,
John J . Moran, Jr. , Chairman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
JJM/jsv
CC.: John Mitchell
William Mitchell
A.B . Davies , Deputy Town Engineer
Robert F . -Gilligan , PZC Chairman
Jacqueline Smith, Town Clerk
Richard J. Sartor, Town Manager
Lincoln Street, Council Liaison
Thomas D 'Auria , Building Official
Ken Brill, EDC Chairman
Peter R. DeMallie, Director of Planning
Sf,(
-
G U
9 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
S01CO�' AREA CODE 203/644-2511
July 31 , 1986
Attorney Harold R. Cummings
1665 Ellington Road
South Windsor, Ct 06074
RE: Lot #2 , Mitchell Subdivision, Conservation Easement Encroachment
Dear Attorney Cummings :
s :
To date , the encroachment violations on lot #2 , Strong Road,
John Mitchell , Jr. , are unresolved despite a series of letters (Nov. 26
and Dec. 24 , 1985 ; Feb. 26 and March 4 , 1986) as well as several con-
versations with myself and Bo Davies , Deputy Town Engineer.
-Further compounding this situation is recent excavation of lot#4 ,
Strong Road, of the same subdivision. To my knowledge no Building
Permit has been granted for work on lot #4 , and it is our expectation
that none should be granted prior to a complete resolution of the vio-
lations on lot #2 so as to bring the subdivision back into conformance
with the IWA/CC permit and all conditions thereto .
This matter is now . into the tenth month of non-compliance. We
expect and would appreciate some cooperative efforts to resolve this
situation; otherwise , you may have to seek more formal measures to
enforce compliance (as you stated in your letter of December 24 , 1985) .
Sincerely,
QAVN -M-
GAL
Join M. Moran, Jr. , CliaZrman
Inland Wetlands -Agency/
Conservation Commission
Town of South Windsor
CC: John Mitchell , Mayor
William Mitchell
A. B. Davies , Deputy Town Engineer
Louise Evans , Chairman, Planning & Zoning Commission.
Richard Sartor , Town Manager
Lincoln Streeter , Council Liaison
Thomas D ' Auria, Building Official
Marcia Banach , Director of Planning
LAW OFFICES
KUEHN, CAVANAUGH AND CUMMINGS, P. C.
1665 ELLINGTON ROAD
SOUTH WINDSOR, CONN, 06074
(203) 644-3473 -
DANIEL P. CAVANAUGH
OF COUNSEL
EDWARD R. KUEHN
HAROLD R . CUMMINGS
WEST HARTFORD OFFICE:
FRAZIER G. SCOTT 968 FARMINGTON AVENUE
LORRAINE R. PAULHUS WEST HARTFORD,CONN.06107
RONA C. LYNCH (203) 236-2973
M ICHAEL J. LA NZA August 8, 1986 -
PLEASE REPLY TO:SOUTH WINOSOR
Mr. George Spring
Acting Town Manager.
Town of South Windsor
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
In Re: Mitchell Subdivision, Conservation Easement, Strong Road
Dear George:
Just a note to confirm the opinion which I gave to you and other members of the Town
Hall Staff in attendance at the meeting that we had on the Mitchell property Lot #2
Thursday afternoon, August 7th.
Having walked the Mitchell property on Lot #2, it does appear that there was some
encroachment into the Conservation Easement area, in that, in the process of grading
the lawn to the rear of the Mitchell house, some fill was extended into the easement
area.
At the same time , the main purpose of the meeting was to resolve whether or not the
Town had the authority to withold building permits and/or Certificates of Occupancy
for other houses being constructed on other lots within the original Mitchell four
lot subdivision.
It is my opinion that the Town does not have the legal authority to withold building
permits and/or Certificates of Occupancy on other lots within the original Mitchell
four lot subdivision, because of alleged violations of the Conservation Easement
dated February 11, 1985, on Lot #2.
Essentially, each of the fou_ 11- LS iz i separate lot of record and separately owned.
Because the lots were approieu along an existing town road, it is my understanding
there is no subdivision or conservation bond which can be called in this situation.
However, because of the Conservation* Easement, the Town does have direct legal recourse
in that, the Town could initiate an injunction action in Superior Court to obtain
an order from a judge requiring that the fill which was placed in the easement area on
lot #2 be removed. This would be the appropriate legal remedy available to the Town in
this situation.
,UEHN, CAVANAUGH AND CUMMINGS, P.C. Page 2
While, the witholding of building permits or Certificates of Occupancy could well
be an appropriate administrative remedy available to the Town in other cases, such
as, where a developer of a subdivision is not adhearing to the conditions of
subdivision approval, that remedy would generally only be available where the
builder or developer owned all of the lots in question. Once legal title to a
lot has been transfered to a third party, then that third party cannot be held
responsible for the actions of others on other parcels of land.
I note from my file, that extensive correspondence has been going back and forth as
to the situation on lot #2 for a number of months. I further note that the Conservation
Easement, dated February llth provides, in paragraph 1, that the placing of fill in
the easement area is not permitted except with the permission of the "Grantee".
The grantee in this case was the Town of South Windsor. I would appreciate your
checking the files and determining whether or not this easement has ever been
accepted by the Town of South Windsor. If the Town Council has accepted the
easement then it would be appropriate for the Council to determine whether or not
to grant permission for the filling which appears to have occured behind the house.
If the easement has not been accepted by the Town, then it would be up to the Conservation
Commission to determine whether or not to issue a permit for the filling which
has occured. Assuming that either the Town Council or the Conservation Commission
issue an approval letter for the filling which has occured, then that would end the
matter.
If, after reviewing the situation, either the Town Council or the Town Conservation
Commission determine not to grant permission for the filling which has occured, then
it would be up to either the Town Council or the Conservation Commission to determine
:whether or not to instruct me or any other attorney to initiate the appropriate
injunction action in court as referenced above.
Please feel free to call me if you have any further questions with regards to this
situation.
Sipelyou ,
C
ings
SpCounselial
to Town of South Windsor
HRC/sl
cc: John Mitchell, Mayor
William Mitchell
A.B. Davies, Deputy Town Engineer
Louise Evans, Chairman, Planning & Zoning Commission
Lincoln Streeter, Council Liaison
Thomas D'Auria, Building Official
Marcia Banach, Director of Planning
Richard M. Rittenband
Richard Sartor, Town Manager
SOWN Sf4<
o w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
f4oSOR-CO N AREA CODE 203/644-2511
October 22 , 1986
Mr . John M. Moran, Jr . , Chairman
Inland Wetlands Agency/Conservation Commission
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
RE : Mitchell Subdivision/Lot #2
Conservation Easement Encroachment
Dear Mr . Moran :
Your letter dated October 14 , 1986 regarding the above referenced
item has been turned over to me for action .
At the Town Council ' s Regular Meeting held Monday, October 20, 1986
I requested legal assistance and was advised by Attorney Harold
Cummings that, pending details he would work out with your
Commission, he is prepared to take whatever legal action may be
necessary .
The Council is concerned with the importance of Inland Wetlands
Agency/Conservation Commission actions and would appreciate
being kept apprised of any further action regarding this issue .
Sincerely,
Richard Ryan, Oeputy M yor
RR: egj
cc : Inland Wetlands Agency/Conservation Commission Members
South Windsor Town Council
Attorney Harold Cummings
Mr . Richard J . Sartor, Town Manager
Mr . Richard Martel , Town Engineer
Mr . A. B • Davies , Deputy Town Engineer
Ms • Marcia Banach, Director of Planning
Mrs . Louise Evans , Chairman, Planning & Zoning Commission
' j,• T' s
z`
s
660 St"
So Win 4,0 'GAnn , Q �Q7 ►
October #:, 1386
Inland-Wetlands Agency/ Conservation Coins
Town of South Windsor
1540 Sullivan Avenue
South Windsor. 'Conn. 06474
Re: Lot 2, 660 Strong Rd.; So,;-1ft
Gentlemen:
5
Enclosed is amended application,to °amond the corms rvAt i nn
easement and/or Prier approval givan,'-to they abdVe.pkbpdrty by
yon. Considering the ex, #�*Vg hi this ".is ante i ed to
resolve this matter to eve one,'s #atis tfa�
I assure you that there has b6i_ ,nc �itt�nt 't�ri my{ dart_ to
violate either the sPir t sr the la_n ua e. o 'Chi Inieiid=;UbtIand's
Conservation Act or re.gdlations< lam"tryi� t�`. accpirtpdat� the,
comtnission's concerns in:.a to'-ape�af;ive, mann8�' Ltd it► nd' 'to;
exert every reasonable .effort to adhieve a t• �.-i_`attd equitabl,e
solution.that will be ap-propriate for everycsit �
Thank you, for your considerafpn,.
ry tt, y you ,
hn �: kitchell,: .3'r.
e - .
0
4.1
o
r 47
" - gi5ft 4
S. Ii11 (dirt) presently in the area shows as "Minimal Encroacfnt", �� ��xa
Conservation Easement Atea on an s' bu i t ,p[an of Lot- 2;, Str
44k da tom`
10/31/85 attached hereto; said enctoachment -aea ��as .n¢t " e
r t
northerly or' easterly of the dwelling located on".the pramz ses, x s 3 s
amend the previously granted conservation easa�ment, Applidant emoted
existing fill is a minimal encroachment that' iuees 'thyesoUt � rf W
11/18J85. It does not 6iibstantial.3;y upset the- concept.. flf -t-. ct�� atiQz�
menu. The encroachment is no more than 30,h et t 'e nbrtha J. rand', Baste sidd's of the dwelling. The entire 'easement area i 2 ° l a re:�� ( i land nth.,
acre
the dwelling outside the easement 'is only .8`3 .)'
�D,NN 3f4
� .
° -0ns �
w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
f�dSOR.CON� AREA CODE 203/644-25U
December 2 , 1986
John J. Mitchell, Jr. CERTIFIED MAIL
660 Strong Road
South Windsor, Ct 06074
RE: Application #427 (Amended)
Dear John:
Despite the engineering review (October 24, 1986) and their
letter of November 17, 1986, as of today your amended application
#427 is incomplete and, as such, not ready to be placed on the
IWA/CC agenda.
A complete accurate plan depicting precisely the present
encroachment violation into the conservation easement areas is
required with your application. Once such a plan is submitted and
- found satisfactory by Mr. Bo Davies , Deputy Town Engineer, and in
complete accordance with Section VIII of IWA/CC Regulations , your
application is deficient. Your attention to this matter will
expedite the process.
Sincerely,
Q56 -'h-0"'MITWw
. q�x
John M. Moran, Jr. , Chairman
Inland- Wetlands Agency/
Conservation Commission
Town of South Windsor
JJM:dlb
Enclosures
CC: A. B. Davies , Deputy Town Engineer
Richard Martel, Town Engineer
Marcia Banach, Director of Planning
Michael Gantick, Director of Public Works
IWA/CC File -
1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
flosoR-Co AREA CODE 203/644-2511
Dece-.,�-,13er 26 , 111036
:-r . ..evin F. Rennie
Sou"t,"I -'7.incisor Inland- tTetlands Agency/Conservation Couimission
1540) Sullivan 11%venue
South '7indsor, C7_-' 06074
John .Mitchell A-� lication Review
T!""e-a r 1 r,e v i n
-i rlan Showing the area of conservation easer. ent encrozzci-ment Sias
requleste� and was su*_)raitted Decemiber 22, 198'G .
comments with res,..ect to the submittal would be to raoc ify it to
include a title. rilhis is not a ITo CC concern.
' .
VerN7 t r ul-v' yours,
7'
LA. .:''o,;.7en Davies
D'eputy Tmtin 2noineer
i 73Visv
A,j
CC: John 11-itchell, Jr .
"-ichael J. Cantick, Director of Public 1-7,orks
Ricilarc: P. a_rtel, Town Engineer
i'larcia A. "anach, Director of Planning
I',-7A/CC File
y r 70-alon O-P SOU V&U&ot
° R a
G U
6 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
IosoR•co� AREA CODE 203/644-2511
January 16, 1987
John J. Mitchell, Jr.
660 Strong Road
South Windsor, Ct 06074
Dear Mr. Mitchell:
RE: Application #427 - Lot #2 , 660 Strong Road - Fill in area
shown as "Minimal Encroachment: .
This letter is to notify you that your application #427 will be
heard on Monday, January 26 , 1987 at 7: 45 PM. A sign must be
posted 5 continuous days prior to the above mentioned meeting.
'If you don't already have a sign, it is available at the Town Hall,
Planning Department. We have also placed this item on the agenda
-for action by this commission in the event that no sign is
posted.
If you have any questions, please don't hesitate to call
644-2511 Ext. 253.
Very truly yours ,
Kevin Ren ie, Chairman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
KR/dlb
y.
gat - F1 1vl N OF- THI AR€AY
a
.Nt
�iF`dt` -ie1 t,tls :(M , . ENG!NFFRS'
taf ` jl: j424 !F4A s Lam) ROAD
Fa a i ry m 9
i joy 'Pell
rpN NOS 9so, .
John Joy Mitchell Jr.
Scauth Wi ndR,car C n e i .3::";�t 96074
Door Mr. Mitchellt
This concerns the appaad onto t ( l+rltltho i ov Placement of vyk ,,
in the Mitchell Subdivision in a;i(:'Yi,tt..t3 t S "ii.:t.'tar ,a t..C..as7ts§:Ta t A c;.a
Let, me briefly explain t1:,r p :t€trisdj :t on, A Corps Of
Engineers
{{���,,ypa m:t..yt i+' r.�'?'€,:�u:i�! ed f Cl all
, w€t�-t_.- bu y`6:'nd meai s h;t,g€"p t a�;,.:s"-`r
in na navigable waters of the United d States under Section 0 ,,'?'t Ks'e
River and Harbor Act of 1999 . U. S . C. 403) ., ,n Now England , '
for purposes of Section 10, navigable tit,+t o .ti °:;3'i a,iiF'• United
S t a?t a n are those subject to the e o b b cl n d flow 04 the tide a,a m
few of 't<t" e llirstjor waterways used to transport interstate 01,.-.
foreign commerce. Per-mi is m are also r ct€_€; ,.ea under Suction 4o4
of the Clean Water Act .:33 U., S.. 0 1 '44) r,qr thosm ac t:i vi t:t,
involving the di,sc„tera"trgm of dredged d or fill maytSyrlal in All
waters of the United States, including i'i CJ`}:- '"Jnl Y navigable y q t m r,t !..,
of the Unitod States, but also inland rivers , lakes. and
st:reama, and their adjacent wetlands, 1.,a� � the t»oas't'. i Y'sw €•ti Ir"
Jurisdiction !_.1C2dwr.. the Cl t:!;i n Wc.'.tmr Act em t::e!' ds #,at ti:'War"d 0 thi--e
extrome high tidd line or to the landward limit of any
wetlands. In interior wate m our tur"9. di€:;"tito,n under the Cl '.*.;ft'a
Waster Act tii,m t:.ei`Id s landward to a.t")e orL". i n 4t"v high h water mart;,
the landward limit Of a>Y wetlands.
d
Your work may be authorized bY a j;;rlapar"t;;ft9ent; of the 'tt_ms
nationwide a permit , a 'Form of general Permit which authorizes 43
CatE"gor"fit' of Icy':i.vi t;;]es around the nation. 00e nat i.onwi dV BSc;: y,!
applies in certain areas s defined es "above ve 't;i"1e ho odwa"t,mrs
(The term "h odw;:a"t ers" means the point on a f' on -'t i vtt:,l.t g't r ay,',,
above which the average annual flow is '.n,:,as than ; `a'e ci.tb,( t?;.:€:;"t,;
per second. ) t"tt;.34idev o r , �.t'w r k .: r �1 t.::a t,._i I"o�'i t�i' t i f'i ..:i.$n d permit
requirements nt s for this 4Td:e$,:€.t,.T1wi dr.. permit to be V,I id,
!?(lLttE. t••E ar $ (: !r ? , al,:s' a� }`ed air .
.. i
f
/ ems° el
Spo ifi4 r" q rating r ciui.rosrronts arm na dod for disch, rge
of fill which cause the lose or substantial advervo meadisfi,c.Ati,pn
of 1 to 10 acres of such waters, including wetlands.
Notification pursuant to this nationwide permit most die In
writing and include the information listed below:
(a) name, addr pss, and i:ri•aone number of the general ppr mi.t:.t:ev4
b? location of the plantartad work;
fie:) brief description of t.ho propound work , i to purpose. and
the Approximate size of the water m, including Wetlands, whic:hr
wt. ul d 'be lost or rrubstaanti cal. l y adversely modified an a result of
the work; and
Kdl any !~specific information required by the nationwide por€r1i,-t
and any gather information that: the jer mi•t;.t ee bal i ev I$
appropriate.
In order to determine ne whot h r the nat i onwi d, permit is
appropriate authorization zati;on for your work , we need additional
information cone erni.nq your existing and proposed work. To
assist:. us 7n our investigation, please provide the +allow;i.i"aq:
l. . Provide pr eccan s•twruct.ion and po%tconst;r uct.ion plans of all
work performed in upr jurisdiction, including dotal of fill
61 acement , arno€..€nt•_ A fill 4.i.n cubic yards) , area of fill (i,<r
square feet) , and type of fill material Placed.
ed.
2. Why dial you fail to obtain Corps ps or Enginwar-s
authorization for this wort;Y € or m you aware of our iur-isdic t+,.ii:,Ar
in this area?
3. What is the purpose of the ac't':i ,t V y on the property in
question? Who owns w this property?
4. Do you Intend to t::i,ntint,.te work in th r;,n wetlands'''
s'''
5. Please provi dw the names and ados'eveew of sian,+ contractors
who performed this wear for you
6. If you do not; plan to i.r<,mudi,et i v remove the f t :#. L , p l emp a
ncloss Your plan to stabilizo this fill to r dpqe acfv rso
environmental impacts an the wetland.
To assist us in resolving tI , 5 fYiat':ter... pJ mid<. v respond 1ph:i a!
15 days from receipt pt; of this s d w F .;er-,
DEPARTMENT OF THE ARMY
NEW ENGLAND DIVISION, CORPS OF ENGINEERS
r 424 TRAPELO ROAD
J.' WALTHAM, MA.SSACHUSETTS 02254.9149
1 PUBLIC NOTICE REGARDING STATUS FFB
/ REPLY TO
A TTEMt ONO OF NATIONWIDE PERMITS IN CONNECTICUT 8
Corps of Engineers Regulatory Program ly,o01'tl,
Reauthorization of the Nationwide PermiSFR�pOT�q OSQ,S®�
On November 13, 1986, the Corps of Engineers published, in q eral
Register, the consolidated final rules for the administration of its atory
program under the Rivers and Harbors Act of 1899, The Clean Water Act a ,d the .
Marine Protection, Research and Sanctuaries Act. These rules become effective .
60 days from publication.
An integral part of the Corps regulatory program_ is the concept of
general permits for minor activities. General permits are activity and/or area
specific and are designed to relieve some -of the administrative burdens
associated with permit processing for both applicants and the Federal
government. The nationwide permits found at 33 CFR 330.5 (a) are a form of
general permits issued by the Chief of Engineers and are intended to apply
throughout the entire_ United States and its territories. A listing of the
nationwide Permits an& special conditions is attached.
The nationwide permit found at 33 CFR 330.5 (a) (26) requires that the
permi.ttee notify the district engineer at least 20 days prior to performing the
discharge, if the discharge will cause the loss or significant adverse
modification of more than 1 acre of waters of the United States (including
wetlands) . Specific procedures for this pre--discharge notification are
contained in 33 CFR 330.7.
Section 303.12- of° the final rule contains a Grandfathering Clause in
order to avoid unreasonable impacts to permittees who may be conducting
activities under the nationwide permits prior to the effective date of these
changes. These activities may continue under the authority of the previously .
existing nationwide permits providekd that;
a. The activity will be completed within 1A months from the effective-
date of this rulemaking,
b. The division engineer has not previously exercised his discretionary
authority under Section 330 .8 of the rules, and,
c. Modification, suspension or revocation procedures have not been
initiated under 33 CFR 325.7.
Permittees who cannot comply with these criteria are required to conduct their
activities in accordance with the reissued nationwide permits.
The nationwide permits provide a simplified, expeditious means of
project authorization under the various authorities of the Corps of Engineers.
We encourage prospective permit applicants to consider the advantages of
nationwide permit authorization during the preliminary design of their
—projects. Assistance and further .information regarding all aspects of the
Corps of Engineers regulatory program may be obtained by contacting: Mr.
Kenneth Jackson by telephone at (617) 647-81.56. Or you may write to
US Army Corps of Engineers
New England Division
424- Trapelo Road
Waltham, Massachusetts 02254-9149
ATTN: Regulatory Branch
(i) Non-tidal rivers, streams, and their lakes and
impoundments, including adjacent wetlands, that are.
located above the headwaters.
(ii) Other non-tidal wafers of the United States, including
adjacent wetlands, that are not part of a surface tributary
system to interstate waters or navigable waters of the United
States (i.e. , isolated waters) .
(b) Conditions. The following special conditions must be followed in
order for the nationwide permits identified, in paragraph (a) of this section-
to be valid:
(1) That any discharge of dredged or fill material will not occur :in
the proximity of a public water supply intake.
(2) That any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is directly
related to a shellfish harvesting activity authorized by paragraph (a) (4) of
this section.
(3) That the activity will not jeopardize a threatened or endangered
species as identified under the Endangered Species Act (ESA) , or destroy or
adversely modify the critical habitat of such species. In the case of,
federal agencies, it is the agencies ' responsibility to comply with the
.requirements of: the ESA. If the activity may adversely affect any listed
species or critical habitat, the district engineer must initiate Section 7
consultation in accordance with the ESA. In such . cises, the district
engineer may:: 1i) initiate Section 7 consultation and then, upon completion,
authorize the activity under the nationwide permit by adding, if appropriate,
activity specific conditions, or (ii) prior to or concurrent with Section 7
consultation he may recommend discretionary authority (See Section 330.8) or
use modification, suspension, or revocation procedures (See 33 CF'R 325.7) .
(4) That the activity shall not significantly disrupt the movement of
those species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water) ;
(5) That any discharge of dredged or fill material shall consist of.
suitable material free from toxic pollutants (see Section 307 of Clean
Water Act) in toxic amounts;
(6) That any structure or fill authorized shall be properly maintained.
(7) That the activity will not occur in a component of the National
Wild and Scenic River System; nor in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status,
(8) That the activity shall. not cause an unacceptable inte-fecence with
navigation;
7
(9) That, if the activity may adversely affect historic properties
which the National Park Service has listed on, or determined eligible for'
listing on, the National Register of Historic Places, the permttee. will
notify the district engineer. If the district engineer determines. that such
historic properties may be adversely affected, he will provide the Advisory
Council on Historic Preservation an opportunity to comment on the effects on
such historic properties or he will consider modification, suspension, or
revocation in accordance with 33 CFR 325 . 7. Furthermore, that, if the.
permittee before or during prosecution of the work authorized, encounters a
historic property that has not been listed or determined eligible for listing
on the National Register, but which may be eligible for listing in the
National Register, he shall immediately notify the district engineer;
(10) That the construction or operation of the activity will not impair
reserved tribal rights, including, but not limited to, reserved water rights
and treaty fishing and hunting rights; -
(11) That in certain states, an individual state water quality
certification must be obtained or waived (See Section 330.9) 1
(12) That in certain states, an individual state coastal zone man
gement
consistency` concurrence must be obtained or waived (See Section 330.10)
(13) That the activity will comply with regional conditions which may
have been added by the division engineer (See S.ection 330.8 (a) ) and
(14) That the management practices Fisted in Section 330.6 of this part
shall be followed to the maximum extent practicable.
(c) Further information. (1) District engineers are authorized to
determine if an activity complies with the terms and conditions of a
nationwide permit unless that decision must be made by the division engineer
in accordance with Section 330.7.
(2) Nationwide permits do not obviate the need to obtain ether Federal',
state or local authorizations required by law.
(3) Nationwide permits do not grant any property` rights ,tar exclusive
privileges.
(4) Nationwide permits do not authorize any injury to the property or
rights of others.
(5) Nationwide permits do not authorize interference with any existing
or proposed Federal project.
(d) Modification. Suspension or Revocation of Nationwide Permits. The
Chief of Engineers may modify, suspend, or revoke nationwide permits in
accordance with the relevant procedures of 33 CFR 3255.7. Such authority
includes, but is not limited to: adding individual , regional , or nationwide
conditions; revoking authorization for a "category of activities or "a category .
of wagers by requiring individual or regional permits; or revoking an
authorization on a case-by-case basis. This authority is not limited to
concerns for the aquatic environment as is the discretionary authority in
Section 330.8
8
Sec. 330.6 Management practices.
(a) In addition to the conditions specified in Sections 330.5 of this
Part, the following management practices shall be followed, to _the maximum
extent practicable, in order to minimize the adverse effects of these
discharges on the aquatic environment. Failure to comply with these
practices maybe cause for the district engineer to recommend, or the
division engineer to take, discretionary authority to regulate the activity
on an individual or regional basis pursuant to Section 330.8 of this Part
(1) Discharges of dredged or fill material into waters of the united
States shall be avoided or minimized through the use of other- practical
alternatives.
(2) Discharges in spawning areas during spawning ,seasons shall be
avoided.
(3) Discharges shall not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the water (unless the primary purpose of
the fill is to impound waters)
(4) If the discharge creates an impoundment of water, adverse impacts
on the _aquatic system caused by the accelerated passage of water and/or the
restriction of its flow shall be minimized,
( } Discharge in wetlands areas shall be avoided.
(6) Heavy equipment working in wetlands shall be placed on mats.
(7,) Discharges into breeding areas for migratory waterfowl shall be
avoided
(8) All temporary fills shall be removed in their entirety.
William F. Lawless, P.E.
Chief, Regulatory Branch
Operations Division
9
APPENDIX I
REGIONAL CONDITIONS ON NATIONWIDE PERMITS IN CONNECTICUT :
A. To nationwide .permits found at 330.5 (a) (3) , (6) , (7) , (12) , (13)
(14) , (15) , (16) , (17) , (18) , (20) , (21) , (23) , (25). and (26)
The Commissioner of DEP reserves the right to revoke this Water Quality
Certification for any nationwide permit, or on a case-by-case basis for anY
activity authorized by such permit, thereby requiring an individual review of-
this activity by DEP under Section 401 of the Clean Water Act. Where: the work
or activity authorized under a nationwide permit requires a DEP permit pursuant
to State tidal wetlands, _structures and dredging, stream channel encroachment
line, water diversion, or inland wetland and watercourse statutes, the required
application for Water Quality Certification will be processed 'concurrently with
such State permit applications
B. To the nationwide permit found'at 30.5 (a) (23) the conditions -found
at Appendix II D. and 0. -3 are added in addition to the condition in A.
above'.
Appendix II
A. To the nationwide permits found at 330.5<(a) (1;) -(23) , (25) and (26) ..
1. At the Commissioner of DEP' s request, the Division Engineer
at his discretion on a case-by-case basis, will require an individual permit
for a specific activity otherwise eligible to be conducted under this
nationwide permit and will conduct an individual review of that activity. The
Commissioner shall make this request only when there is a potential for more
than a minimal adverse impact on the environment,
2. The Commissioner reserves the right to revoke this Coastal
Management Consistency concurrence on a case-by-case basis, thereby rego firing.
an individual review of the activity by DEP under Section 307(c) (3) of the
Federal Coastal Zone• Managment Act when there is a potential for adverse impact
to coastal resources or there is a potential conflict with Coastal Management
Program policies.
B To the nationwide permits found at 330.5 (a) (2) (3) , (7) , {8) , (12),
through (19) , (22) , (23) , (25) , and (26)
1. Construction for any activity eligible for this
nationwide permit shall begin only after all required federal, state and local,
approvals have been obtained.. To obtain Section 301 (c) (3) Coastal Managment
Consistency concurrence, either for proposed activities for which a state
permit is required or for proposed activities for which a state permit is not
required (i.e. , an activity located in a locally regulated tidal or non-tidal
wetland or watercourse or in the area between the limits of Mean High Water and '
extreme High Water) , the applicant must meet all of the conditions in.
paragraphs (D-Q). below and those conditions found at 33 CPR 330. 5 (b) and 330.6_
2. Any activity for which a state permit is denied- by:
the Department of Environmental Protection is denied by the Corps of. Eng veers
without prejudice.
C. To the nationwide permits found at 330.5 (a) (9) and (10) the
following conditions in addition to A. above are added;
1. The structure must be approved for placement by the
state appointed Harbormaster serving the respective harbor.
10
a S fir?
2. The placement of the structure must be in accorda
with -an approved Harbor Management Plan, established pursuant to Connectic,, .
Harbor Management Act (P.A. 84_247) , where applicable.
D. To the nationwide permits found at 330 .5 (a) (2Y, (3) , (7) , (1.2) -
(19) , (21) - (23) , (25) and (26) the following conditions in audition to A... &
B. above are added:
1. That these nationwide permits cannot be used for
piecemeal dredge or fill activities or ether piecemeal work, nor are these .,
nationwide permits valid for any activity that is part of an overall project
for which the Corps has determined an individual permit is required.
2 '. That all activities authorized herein shall be ,
consistent with the terms and conditions of these permits; and that any
activities not authorized herein shall constitute a violation of the terms, and
conditions of these permits which may result in the modification, suspen lion .can
revocation of these permits, in whale or in part, as set forth more
specifically in Condition 4 hereto, and in the institution of such legal
proceedings as the United States Government may consider appropriate, whether
or not these permits have been previously modified, suspended or revoked in
whole or in part.
3. That these nationwide permits do not convey any
property rights, either in real estate or material, or any exclusive
privileges; and that it does not authorize any injury to property or invasion.
of rights or any infringement of Federal, State or local laws or, regulations.
4. That these nationwide permits may be either
modified, suspended or revoked in whole or in part pursuant to the policies and
procedures of 33 CFR 325.7.
5. That any modification, suspension, or revocat .on' o.. ,
these nationwide permits, shall not be the basis fox any claim for damages
against the United States.
6. . That if and when the permittee desires to abandon
the activities authorized herein, unless such abandonment is part of a transfer
procedure by which the permittee is transferring h ,s interests herein to a
third party, he/she 'must restore the area 'to a oonclition satisfactory to the
Aivision Engineer.
That the permittee, upon receipt of a notice of
revocation of these nationwide permits or upon hefr. expiration before
completion of the authorized structure or work, shall; without expense to "the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct restoratiQA �,of the waterway to its former
conditions. If the permittee fails to comply with the direction of the
:Secretary of the Army or his authorized representative, the Secretary or his
designee may restore the waterway to its former condition, by contract or.
otherwise, and recover the cast thereof from the 'permi,ttee
3. That the permittee shall permit the Division
Engineer or this authorized representative (s) or designees) to make periodic
inspections at -any time deemed necessary in order to assure that the aotv�.ty
being performed under authority of these nationwide permits is in accordance
with the terms and conditions' prescribed herein. In audition, for maintenance ,
dredging work, the permittee may ,be required, at the t5avison Engireers'`s
discretion, to submit post-dredging survey drawings.
11
9. That any structure or work which extends closer to
the horizontal limits of any Corps navigation project than a distance .of three
times the project' s authorized depth (see attached ;tap for the locations of
these projects) will be subject to removal at the owner's expense prior to and;
future Corps dredging.
10. That all authorized temporary fill such as that
used for access roads and/or cofferdam; shall be properly stabilized during user-
to prevent erosion, and must be disposed of at an upland site and suitably
contained to prevent runoff from re-entering a waterway or wetland. All areas
affected by temporary fills must be restored to their approximate original
contours.
11. That all areas of wetlands which are disturbed
during construction by excavation and/or temporary fill- shall be restored to
their approximate original condition and elevation (but not higher) by careful .
protection and/or removal', and replacement of existing "soil and vegetation.
12. That all authorized crossings, whether temporary `or_
permanent, of waterbodies must be suitably culverted, bridged or otherwise
designed to preveInt the restriction of and to withstand expected high flows. '
13. That the permittee agrees to make every reasonable_' .;
effort to prosecute the construction or operation of the work authorized herein
in a manner so as to minimize any adverse impact on- fish, wildlife, and natural
environmental values.
14, That the permittee agrees that he/she will
prosecute the construction of work authorized herein in a manner so as to
minimize any degradation of water quality,
15.- That if the permittee, during prosecution of the
work authorized herein, encounters a :previously unidentified archaeological or ,:, ,
other cultural resource within the area subject to Department of the Army
jurisdiction that might be eligible for listing in the 'National Reg ster' of
Historic Places, he/she shall immediately notify the Division Engineer.
16., That this permit does not authorize the
interference with any existing or proposed Federal project and that the
permittee shall not be entitled to compensation for damage or injury to the
structures or work authorized herein which may be caused by or result from
existing or future operations undertaken by the United States in the public:
interest.
17. That no attempt shall be made by the permittee to
prevent the full and free use by the public of all navigable waters at or
adjacent to the activity authorized by this permit.
18. That if the display of lights and signals on any,
structure or work authorized herein is not otherwise provided for by law, such .
lights and signals as may be prescribed by the United States Coast Guard shall
be installed and maintained by and at the expense of the permittee
12
25. That all activites authorized herein shall, i€. they .
involve, during their construction or operations, a`ny discharge of pollutant-a"
into waters of the United States, be at all times consistent with applicable
water quality standards, effluent limitations and standards of performance,
prohibitions , and pretreatment standards and management practices established .
pursuant to the Clean Water Act of 1972 (P.L. 92 500; 86 Stat. 816) or pursuant
to applicable State and local law.
26.. That the fill created by any such discharge will.-b .
properly maintained to prevent erosion and other Lion-point sources of
Pollution.
` 27. That discharges in wetland areas are not permitted
whenever other practical alternatives exist which would have less adverse
impact on the aquatic ecosystem and which would not have other significant
adverse environmental consequences.
In addition to the conditions found at A. and C. above the following
,conditions are added to the nationwide permits as specified.
E. 330. 5 (a) (8) : This nationwide permit: shall not apply;'
to those activities in any forth Atlantic or Mid-Atlantic lease areas unless;%
the activities have been described explicitly in an Exploration and Development
Plan -approved by the Connecticut DEP. Any changes from the approved
Exploration and,-Development Plan which alter the structures or locations
previously proposed must be resubmitted to the state originally commenting for
. review and approval , or the nationwide permit will not apply to the activity
and individual review will be requested.
F. 330. 5;(a) (12) : Backfill `material must be compatible
with existing soil and vegetation unless it is demonstrated that such back€i11
material is inappropriate for engineering or hydraulic reasons.
_ G. 330.5 (a) (13)
1. All activities proposed to occur on barrier
islands as mapped by the Department of Interior in accordance with the Coastal`
Barrier Resources Act (PL. 97-348.) , including map revisions, shall not be
eligible for consideration under this nationwide, permit.
2 All . activiti.es proposed to occur in v-zones
as ,maQped by the Federal Emergency ianageme.nt Agency in accordance w� the
Nairional Flood Insurance Program, including map revisions, shall not -be
eligible for consideration under this nationwide permit.
3. This nationwide permit shall apply 041y to.
activities within the coastal boundary for which a permit is obtained from DEP
pursuant to Section 22a--32 (tidal 'wetland) and/or 22a=-361 (structures and
dredging or placement of fill in tidal waters) of the Connecticut General
Statues.
14
b 4. Where bank stabilization activities are ,
proposed in the coastal zone, non-structural solutions to flood .and erosion_..:
probleins shall be utilized, except in those instances where structural
alternatives are unavoidable and necessary to protect existing inhabited .
structures, infrastructural facilities or water dependent uses (defined at CGS
Sec. 22a-93 (16) ) . Structural solutions a-re eligible under this nationwide.
permit only where there is no feasible, less environmentally damaging
alternative and where all reasonable mitigation measures and techniques have
been provided to minimize adverse environmental impacts.
5. Access to, or along, the public beach below
mean high tide must not be unreasonably impaired by any bank stabilization
activity.
6. Bank stablization activity under this permit
shall not result in the creation of developable land from tidal waters or
wetlands.
H. 330.5 (a) (14) s In the coastal zone, where A
waterbody or wetland was previously connected to .a tidal watercourse but has
since been modified to become non-tidal ; any road crossing must be culverted or
otherwise designed to restore and maintain expected tidal circulation where
feasible.
I . 330.5 (a) (15) : The applicant must submit a
consitency determination to DBP in accordance with the Federal consistency
regulations at 15 CFR 93D at the same time a permit appliction is submitted to
the Coast Guard. The consistency determination may be submitted in conjunction
with the applicable state permits.
J. 330.5 (a) (16)
1. Return water or runoff from an upland
disposal site into a waterway or wetland is allowed only when:
a) Alternative disposal methods that would preclude runoff are
clearly unavailable or impractical ;
b) The dredged material is confined by diking or other suitable
containment methods;
c) Effluent flow is controlled by a weir or other control
device, or by pumping; -
d) The containment area is constructed so as to allow adequate
settling time. Baffles must be used and/or the discharge must be located a
sufficient distance from the inflow;
e) Disposal operations are halted whenever the effluent exceeds
state water duality standards (including any revisions to these standards made
during the course of the disposal operation) for turbidity or other ,
parameters;
15
f) The effluent is filtered through nay bales or othea�
acceptable filtration material before being discharged into any special, aq�s�+t"ice
site;
g) Silt curtains are utilized when necessary to control
turbidity in the receiving waterway; and
h) Runoff must be confined to any time periods
specified in the DEP permit.
2. Upland disposal, with- runoff to a waterway or wetland; of
material believed to contain the following constituents as other than trace
contaminants is not authorized under this nationwide permit, unless the Corpa
of Engineers issues specific approval:
a) Organohalogen -compounds;
b) mercury and mercury compounds,
c) Cadmium and cadmium compoundsP.
d) Oil of any kind or in any form, inluding but not
limited to petroleum, oil sludge, oil refuse, crude oil , fuel oil, heavy diesel .
oil , lubricating oils, hydraulic fluids, and any mixtures containing these;
e): Known carcinogens, mutagens, or teratogens or.
material suspected to be carcinogens, mutagens or teratogens by responsible
opinion; and -
f) Persistent inert synthetic or natural. Materials
which may float or remain in suspension in such a manner that they may
interfere materially with, fishing navigation, or other legitimate uses of
waterways, wetlands or op�m-water areas.
Runoff' from disposal of dredged' material placed' in containet
dredged 'material disposal area and containing the following is not authorized
under this nationwide permit unless the Corps of Engineers issues spedf%c
approval:
a) High level radioactive wastes:
b) Material, produced or used for radiological, ct emic:al, ,
or biological warfare; and
c) Any potentially hazardous materials that were not
described by the permittee in the permit application to the state.
K. To 330.5 (a) (17)
2: No temporary or permanent fill shall be deposited in
wetlands, as defined at 33 CFR Section 323 .2 (r_)
1
2. All temporary fills must be removed in their entirety upon
completion of the project. All areas affected by temporary fills must be
restored to their original condition following completion of the project
3 . Any discharge of dredged of fill material into waters of the
United States will be carred out in conformity with the goals and objectives -of
the, EPA Guidelines established pursuant to Section 4"04 (b) of the Clean Water
Act and published in 40 CFR 230.
L. To 330. 5 (a) (18) ; No material shall be placed in vegetated shallows"
or, mudf lats under this nationwide permit.
M. To 330. 15 (a) (19) No material may be dredged from wetlands,
mudflats or vegetated shallows.
N. To 330.5 (a) (20)
1. Dredging activity under this nationwide permit shall be
limited .to the minimum amount necessary to accomplish the removal of the vessel
or obstruction.
2. No dredging shall take place during the ecologically
sensitive period of June i through September 30 in any permit year.
0 to 330.5 (a) (23) ;
1. This nationwide permit shall apply only to those Connectic-ut .>.
Department of Transportation activities funded in whole or in part by any
Federal agency, including the Federal Highway Administration or the Urban Mass
Transportation Association, for which a permit is obtained from DEP pursuant to
Sections 22a-32 (tidal wetlands) , 22a-39 (inland wetlands regulted by +.he
state) , 22a-361 (structures and dredging or placement of fill in tidal waters,)
22a-34-2 (stream channel encroachment lines) , and/or 22a-368 (diversion of
surface or ground water) of the Connecticut General Statutes.
2. The Connecticut Department of Transporation shall comply
with all terms and conditions of a Connecticut DEP issued permit and water "
quality certification.
3. The Connecticut Department of Transportation shall notify
the Corps of Engineers, of any permit application to be processed under this .
nationwide permit.
P. To 330.5 (a) (25) :
1. At project sites located within the coastal boundary, no
forms" or cells into which concrete is discharged, nor any appurtenant
construction materials, shall be discarded to otherwise abandoned in waters of
the United States including wetlands, but shall be removed to, or disposed of
at an appropriately designated upland site upon completion of construction.
2. Cement and concrete trucks associated with activities
eligible under this permit shall not be washed out into wetlands or
watercourses.
17
Q. To 330.5 (a) (26)
1. The term headwaters is defined at 33 CFR 323.2 (h) as the
point on a non-tidal stream above which the average annual flow is less than
five cubic feet per second, or, for streams that are dry during long periods of
the year, as that point on the scram where a flow of five cubic feet per second
is equalled or exceeded 50 percent of the time.
2. Within Connecticut' s coastal boundary, all discharges to
less than one acre of waters listed in paragraphs 330.5 (a) (26). (i). and (ii)
shall also require notification of the division engineer in accordance with
Section 330. 7 (b) (1) through (4) .
3. So as to effect a quick response to notification, the
division engineer shall send copies cif notification to both: Director, water
Resources Unit, connecticut Department of Environmental Protection, Room 207,
165 Capitol Ave. Hartford, CT 06106, and Director, office of Planning and
Coordination/Coastal Management, Connecticut Department of Environemtnal
Protection, 71 Capitol Ave. , Hartford, CT 06106.
16
`--own a-P Spa& `d; s
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
f�dSUR,C� AREA CODE 203/644-2511
February 23, 1987
John Mitchell, Jr. CERTIFIED MAIL
660 Strong Road
South Windsor, Ct 06074
Dear Mr. Mitchell:
RE: Application #427 - Lot #2, 660 Strong Road - Fill in area shown
as "Minimal Encroachment" .
At the February 9, 1987 meeting, the South Windsor Inland Wetlands
Agency/Conservation Commission approved your application with
modifications on filling of the conservation easement to the Town of
South Windsor.
The following conditions must be adhered to for this permit to be
valid:
1. The yard must be regraded so that the toe of the slope of
any filling is not more than 24 feet from the house
foundation at the north and east sides of the home, which
would make an encroachment of approximately 12 to 13 feet
into the conservation area. The area beyond this line must
be regraded to the original elevation.
2. Wildlife plantings must be planted in the disturbed area to
help restore the area for its original purpose, being a
conservation area.
3. If the regrading and restoration is not completed by July 1,
1987, enforcement action will begin.
4. Construction activities shall be subject to the approval of
the Town Engineer.
5. The application shall indemnify and hold harmless the Town
of South Windsor against any liability which might result
from the proposed operation or use.
1
To: John Mitchell Jr.
RE: Application #427 -2-
6. The permit is valid for one year and shall expire on
February 9, 1988.
Very truly yours,
Kevin Rennie, Chairman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
DLB
CC: A. B. Davies, Deputy Town Engineer
- Richard Martel, Town Engineer
Marcia Banach, Director of Planning
Michael Gantick, Public Works Director
- Louise Evans, Chairman, PZC
Attorney Harold R. Cummings
IWA/CC File
July 13, 1987
South-Windsor Inland--Wetland Agency
1540 Sullivan Avenue
So. Windsor, CT 06074
Attn: Kevin Rennie, Chairman
Dear Mr. Rennie:
As of July 13, 1987 I have completed all necessary fill removal at my property
located at 660 Strong Road.
The only work remaining to be done is to stabilize the bank on the east side of
the property and to install the wild life plantings on the north side of the property.
Due to the difficulty in establishing wildlife plantings of this nature during the
summer months, I shall have this work completed by October 1, 1987.
Thank you for this consideration.
Yours truly,
John J. Mitchell, Jr.
pow" gE4
F re
70� O-PScw� �
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
,�dSOR,C� AREA CODE 203/644-2511
September 4, 1987
Mr , John Mitchell Jr .
660 Strong Road
South Windsor , Ct 06074 -�
Dear Mr . Mitchell :
At the July 20, 1987 meeting of the South Windsor Inland Wetlands
Agency , the commission was unable, due to time constraints , to
discuss the matter concerning the filling on your property on Strong
Road . It will be on the agenda of September 14th and I expect a
decision will be reached by the commission at that meeting .
I -
I will be suggesting to the commission members that they view the
property before the meeting of the 14th , therefore you should expect
to see members in your back and side yard before that time.
If you should have any questions , please don ' t hesitate to contact
me .
Very truly yours ,
Kevin F. Rennie , Chairman
Inland Wetlands Agency/
Conservation Commission
KFR: dlb
<OW N Sfq
-70V1Iit1 O-P Saar ?d
9 , 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
1osOR.COC� AREA CODE 203/644-2511
November 4 , 1987
John Mitchell, Jr.
660 Strong Road
South Windsor, Ct 06074
Dear Mr. Mitchell:
Re: Application #427 - Lot#2 , 660 Strong Road - Fill in area shown
as "minimal encroachment" .
At the October 19 , 1987 meeting, the South Windsor Inland Wetlands
Agency/Conservation Commission approved a motion stating that the
commission felt you had essentially met the requirements of the
conditions that were placed on your property on February 23 , 1987
under application #427 except for the wildlife plantings , which
have yet to be completed.
Very truly yours,
ka" F' .
Kevin F. Rennie, Chairman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
KFR:dlb
'OWN
3F4
1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
R•CON� AREA CODE 203/644-2511
January 7, 1988
Mr. John Mitchell Jr.
660 Strong Road
South Windsor, CT 06074
Re: John Mitchell, Jr.
Application No. 427
Dear Mr. Mitchell:
This is a reminder that the permit with the Inland Wetlands
Agency/Conservation Commission, Application # 427 will expire on
February 9, 1988.
The agency requires a letter requesting extension together with
a fee of $25. 00. This should be submitted at least 30 days
prior to the expiration date of the permit. If work has been
completed or will be completed by the expiration date, we would
appreciate you contacting the Inland Wetlands
Agency/Conservation Commission's secretary at 644-2511, Ext. 255
to advise of the work status.
If you have any questions, please don't hesitate to call, or
contact Mr. Davies, Deputy Town Engineer.
Very truly yours,
Elizabeth Warren, Vice Chairman
Inland Wetland Agency/
Consveration Commission
cc: A.B. Davies, Deputy Town Engineer
Rick Martel, Town Engineer