Inland Wetlands Commission - Regular Meeting

All right. Uh it's 6 o'clock so we'll get started. Uh is the regular meeting for the old line inland wetlands and water courses commissions Tuesday August 26th at town hall and 6 o'clock. Uh so for new business start with 20 application 25-25 71 Buttonball Road the Open Space Commission. They said they could not be here this evening, but please have a sidewalk for them. Okay, which we're now done. We'll go to 25-26 uh 7 Thomas Way Drives.

Okay. fish. I'm Jason Deut. I'm a professional engineer with Immigrant Consulting, Killingwood. Um I'm here on behalf of the applicant, Ben Roach, and uh the owner of the Lisa Flag. They're proposing to build a three-bedroom um house with a three-bedroom accessory apartment. The property's uh on Thomas Way Drive. It's part of the 10 lot subdivision that is approved in 1988. Uh the lot is 4 4.2 acres with roughly 2.2 acres of wetlands on it. Um so this the subdivision back from 1980. So, there's an extensive bunch of wetland property or wetlands. Um, here's 100 foot review zone. Uh, we included the 50 foot because that was on the original subdivision map, but I'm not sure when you guys went from 50 to 100. Um, so we we showed that on our map. We kept all the proposed construction outside of the 50 foot and a majority of the building is outside of the 100 foot with the exception of um this small portion of the building part of the patio and the uh the ground the roof feeder discharge infiltrators. And then the septics up here which is outside of the 100 foot review zone. Yeah. Anybody have any questions?

Uh for the sitewalk, if you just maybe flag the 100 foot review area or flag the have the wetlands flags visible and where the building's going to go. Should be about it. We'll see you uh 5:15 on the September 11th. Awesome. Thank you. Thank you. Uh 25-27 uh 8 Warp Road, James Caramante. Good evening everyone. I do have site maps for anyone who would like them. Thank you.

Thank you very much. Thank you. Thank you. I have 10. So good.

Thank you. Um I want to start off by apologizing to the committee. I so Eric gave me a sent me a letter a couple weeks ago about um some tree work and work I was doing around the property. Um I was unaware that I couldn't pretty much after reading the um town statues that or um policies or um how limited and what you could or couldn't do inside the 100 foot mark. Um, I know it was mentioned last month, but I had trees taken down. Um, I have a shed on the property. I had my deck removed and then I did have some retaining walls and fence put up. So, I want to apologize for doing that without coming to you beforehand. And um just want to talk to you about how to get back in good standings with you and make this correct and what needs to be done and um what information you need from me and tonight we're mostly just receiving sitting for sitewalk. Your sitewalk will be five o'clock on September 11th if that's okay with you.

I can work for you. Okay. Um, and then Nicola Hank. So, this is an application after the fact. Is it Are there 14 trees already gone or is that how many you want? I took No, I took there wasn't 14. There was uh seven trees taken down. Okay. This you flag. Yeah. So, it would be seven. Seven total. I mean, seven more. No, total. Seven total. 14 more. No, seven total were taken down. Okay. And there's So, after I got the letter from Eric, we stopped all work. um with the exception of a couple things that were safety related. They had to just Yep.

make the property safe again. Um stopped all work there. I put salt fencing up and I'm just waiting for um what you guys would like to be done next before I do anything else. So, okay. See you on the see it with the sidewalk, but I don't think anybody anybody have any other questions or not really. Okay. Okay. We'll just see you at the sidewalk. Thank you. what it looks like. All right. Uh, moving on to old business. Uh, we have 25-22 16 Town Woods Road, Rodney and Deborah Hornbake for the construction of a 24x 24 detached accessory building.

Um, for the record, Caroline O'Hagen, project engineer at Indigo. Um, I know that we talked about this project. This is now probably the third time, right? Uh we decided not to do a sitewalk last month. Um as all of this was previously approved, now we're coming back. Um again, just kind of give you a refresher. So all of the yellow items were previous structures and the h the main house that was recently demolished um for construction of the four bedroomedroom um new building. So, in construction, um the contractor and the owners were all concerned about groundwater levels. Um and as there was a full basement with the bedroom and the base in the house in the main house, um we decided to take away the shed that was previously approved and instead put up a 24x 24 um accessory building um with a bedroom upstairs. No kitchen, no shower. Um so it's not an accessory apartment. um just a studio of sorts for the owner um to utilize that space that they're now losing um from the basement in the house. Um we have wetlands running through the property with Milbrook um wetlands on either side and then we fall within the 100 foot upland review area. Um so that's what we're coming to you guys for. Any questions? Just for the record, I have been going out on a pretty much monthly basis to confirm that the silk fencing is being maintained in good condition there. So, the site is in good good shape at the moment.

I'll make a motion to approve theation as revised or submitted. I don't know, however you want to word that. Um, the application is revised. Okay. Second. All those in favor? I. Any oppose? Thank you. That's uh 25-23 40 Flat Rock Hill Road. Michael and Elizabeth Lamire.

Hi. Um this is application for a driveway. Um the beginning of the driveway is located within the 100 foot buffer zone. goes in probably aboutund and something feet uh to where it it all falls outside of the buffer zone. Um behind here shows a larger map. Uh the remainder of the house will be up over onto the high part of the property and the driveway will stay clear of that any out buildings or anything as we move forward with it. So it's a very minor impact up here. We're going to use some of the larger stone to uh clear tires and stuff for any vehicles that come in and out for the time being.

What are you going to use the gravel driveway for? It will be the full driveway to build the house, but in order to get the equipment back here, we want to improve the road so that it's ready to go. ready to go for the and then you'll be back in for the house. Correct. That'll be the same roadway for the house. Um but we want this area here is as you may have saw on the sidewalk is a little bit of a dip and we want to make sure that it's appropriate for vehicles coming in and out when they're accessing it. And then when we uh prior to building it, we are going to have to do some clearing of the land. So there will be some need for larger trucks coming in and we want to make sure no one gets stuck in there. before you do any extensive clearing. Absolutely.

Obviously, we're concerned about that 100 foot review area. Yep. Yeah. Everything will be outside of the 100 foot zone outside of just this. There'll be no significant clearing in here. The roadway, as you saw, it looks like it was a previous existing path that someone had used. We're just going to go right this way. You're installing a silt fence as I recall, huh? Yes. just kind of come out and inspect this whole fence once it's in so I can make sure it's installed correctly in good shape. Okay. Yep. I'll make a motion to approve the application as submitted. Second. All those in favor? I. Any opposed?

Thank you. Uh 25-11 9 Tanah Carrie Meltzer. Uh application for pod maintenance and restoration. copies.

So you have copies from Rich Snarky from last November that talks about the the work that would be done and we're only going to do the most modest portion. So just a portion of it, not the full pond, just the eastern section and all the spoils will go on the eastern bank exactly as he specifies. It will be exactly this. We have one person who gave us a proposal. We will do the more modest section of the of the three proposals but to the specs of of which we cannot do the whole thing but we will be able to make it better and um that's what we would like to do and you have the map from the floor as well. I remember my questions that I had. Well, one of them at least has been answered how deep you're going to go.

Yes. But you haven't really told us the amount of material that you expect to take out. Well, Rich North, you were saying and in the original proposal about 230 cubic feet. I don't know if that is equivalent. 230 cubic yards or feet. Cubic yards, sorry. Yeah. Um, that's probably somewhat more that than we'll be taking out because that was for a full pond, a fuller. Yeah. And it's ju it's only just grown up more and more. So,

and the other question I had was and I see that Rich said that you're going to put an erosion control where you're proposing to put the dredge spoil. Um, but what are you going to do about downstream siltation if that happens during dredging? Well, and the stream is actually it probably is dry now. Yeah, extremely dry. I I believe in the proposal from the uh um dredger he talked about um Gibson putting in a hay bales or a fence there. Yeah, I didn't see that when I read. Yeah. 9 in hay waddle around the outside of the silt fence. That's I think support for the silt fence.

Yeah, but that's not going to be in the stream. Hay bales aren't going to stay in the stream. The silk fence Yeah. is to contain the fill that you dig out of the pond so it doesn't go in the I think we talked to Rich Snarski about that. I don't think that I mean right now there's just zero happening. It is it is it is you know being a meadow. So, um, we're in the center of or in the middle of hurricane season. Get a condition that it's done during periods of low flow. Yeah. And and I think last time you were suggesting August or September. Rich was suggesting November, December. Absolutely. Those would be the times. Um, so

we will not be doing to your to your question, we won't be doing, you know, we had hoped in the beginning to be able to do the pond as it was. we received it two years ago but we cannot do that is it is too much um but we will do a portion of it so the impact downstream will be um lesser quite lesser yeah well not if it rains if you don't do anything so we should come up with something that addresses that just in case we get a a lot of rain when they're digging um yeah there is we just don't want neighbors complaining sediments going into their downstream ponds. Right.

Wondering what we did didn't do. Right. Right. Well, I think we would um I don't know. I don't myself know the answer to that, but I think we would attribution. Well, the condition of our permit. I think Eric, we can, you know, just there are lots of things that they could do. They could decide what the what one they want. They could ask I'm sure Rick Rick could come up with recommendations from Mr. Sherski. Also, I will happily go out to the site and verify that it's under low flow conditions and make sure that there's no excessive silt going down the stream. I'm just concerned about like if like last week we get two inches of rain, four inches of rain and we won't do it that week, but yeah, it's it's so far under at this point. Yeah,

it's about, you know, it used to be going over these rocks by the bridge. It's the water level is about that far below it at this point. It's down to maybe a foot deep in that section nearly even. So So I mean I think the applicants come back several times. I mean they've answered all our questions. I would hope that we could come up with one additional condition to exactly concerning the you know any outflow for you know a sediment outflow whether it's B waddles or something. I mean, I I hate to try to make them come back again.

I mean, for what it's worth, the outflow is just a teeny um covert into the road, as you know, and it goes into two two directions gradually. But we're certainly I mean, we don't consider it a burden to make sure that we're not stilting up everything or our neighbors. We would only do the blue. So, is there is there something, Mike, that you would like to see as an additional? If if Snarski makes a recommendation for them. Okay. I'd go with that. I'd let them. I don't remember the size of the culvert or the dimensions. I was there quite a while ago. Okay. In the rain, I recall. Yeah.

So, I'm hearing basically two conditions. One of which is to do it during low flow conditions and two to implement any further recommendations. Right. and the erosion controls because there's a very healthy wetland on the edge of um where the fill had been deposited by prior dredging. That's important that that existing wetland to the east be protected by so but I I will make sure that the sil fence is installed properly. If I need any additional silence, I will make sure to recommend further and they're quite clear about that. It won't go anywhere near there. And that that starts with about our other neighbors. I wouldn't do that either. Um,

I'd make a uh make a motion to approve the application with the condition that it meets uh Richnarski's recommendations and that silt and erosion control measures are coordinated with Eric and to confirm that it's low flow conditions. So, if you can make sure you guys give Eric some notice to Great. And and what is your definition of of low flow? Would that be November to December or would you Yes. when there's basically when there's no outflow like where there's no water running out of the pond basically. Okay, we get a second. I'll second. All those in favor? Any opposed? Very pleased.

All right. So, the next one is uh 308-1 Mile Creek Road. The status violation update. Um on that one out there the first page hopefully there's also familiar this is what I've um going out there reserved back

um so here's some copies here um just in the last you know day or so we got a recommend we have proposal from the property owner um as to how he wants to address this um Most significantly, you'll see in there that uh Mr. Throw is still recommending at least one very large rock be put where the covert is or next to the cover to prevent current erosion. Um at this point, you are more or less um where you expected to be as far as the work having been done. Um the only work that was outstanding at the time of my sitewalk was additional erosion controls to be put up sort of at the where the wetlands crosses over the road to enter into the northerly most pond. Um if you recall there was need for erosion control there because water does cross the road there. I can confirm that those erosion control measures have now been put in place. So I think at this point all of the required improvements or work per your cease to order has now been put in place. Um we never did collect a bond. I don't know whether you think any bond is still required at this point in time. Um so you know again we have the proposed conditions um as Mr. Throw would request or we can just leave things as they are essentially. And I don't know if you want to hear further from the property owner on this or how you want.

I just have some I have some concerns about the boulder going back in because I would tend to think um some rock some goodiz rock grip wrap would be better to stabilize what I saw in the photograph. I mean I I think that road's going to wash out because the culverts are too small. Um, and whatever rip wrap we put in is probably going to go when the road washes out during a major storm. But the boulder really, unless you tie it into something, is going to create eddies and not necessarily stabilize the p the bank that I saw when we were on the site visit. But we have an engineer, right? Don't we looking at this they could propose something to stabilize that so it doesn't continue to road.

So to address your question like a nonboulder boulders to address your question what we're talking about is we're talking about this just this one spot y which never had a bowl there. That's the original condition of the property. So this never had a rock there to begin with. This is where the rock started and then they continued north. So this never had anything and that this is what resulted from not having anything there. No. So to answer your question about the rip disagree with that.

Well, that's that's the existing condition that's never been touched. So to answer your question here with the rip wrap consideration, if the grade at the base of the stone would hold the rip wrap, that'd be a great idea. Problem is there's no base there. It's a P. It just drops off. That was the whole purpose of the rocks to begin with. There's nothing to stabilize the banks. If you saw the size of the rocks, those rocks were three and four yard boulders that came out of there. They're ginormous. But once they once you get to the toe of the slope, the slope falls off. You went down there with a stick in, there's no slope. So you could pile all the rocks you want. Soon as the water comes up, it's going to pull down. You need the vegetation to dig into the bank to hold the bank back. The only spot you're not going to hold the bank back is here at the throat where the pipe is. It's a one to one slope. There is a bottom in here though, so it'll hold the rock. As soon as you come up to here where these rocks were all removed, drop straight on. There's not there's nothing to hold it. So Joe's proposal, we went over to another piece of the property and to take that slope from the water back, which is going to be underwater at some point. break that slope down and put the same vegetation that's around that pond back on that slope and try to heal it in and get that vegetation that's there which will make a nice screen at the end of the day if it takes if it'll stay there get it to grow right back on there but it's only a short if you look in those photos it's only about 15 ft there's not it's not very long because I was able to keep the vegetation there. From there, moving north farther that 15 ft. I was able to maintain that vegetation that's there. It's still a

one to one slope, but the roots are there. And hopefully it'll heal itself in. We'll see when you know when the weather the weather's going to tell you what's happening. I mean, the reason what happened here was the water breached that road and it, you know, any heavy storm and any any pond anywhere, you know, you know, well, we removed the rocks. So we just got to come up with something from here. So it's either leave it or plant it. So Eric, is there any any outstanding? There's nothing at the moment outstanding other than again we never got the bond in.

Um he has done the work that was required for the cease and assist order to my satisfaction. I mean the the burm has gone all the way up. It's been planted by grass. Last I checked the grass is growing in very nicely. He is maintaining hay bales where he had silt fencing at the north end there where the water was coming across into the first siltation pond. I think the hay bales if they're properly maintained are probably a better long-term solution than the silk fencing which kept failing. Um 304 has grown back in. You guys did observe that the gravel that he did put in to your satisfaction starting at the entrance and going down to the culvert. Um he did remove everything the dirt the rocks to a location that was outside of the 100 foot upland review area. I did observe where that was. It is at this point safe and secure and has no risk to any wetlands. Um so at this point the only remaining issue is do we sort of call it a day where it is now or he is again requesting the one boulder go back in or some alternative alternate take on what to do there. Um I have nothing further I can ask him to do. Uh to my take the cease and desist order has been complied with. However, again there's this ongoing condition and it's up to you guys how you want to handle.

Okay. In my mind if he's done everything every satisfied all the conditions that we put on him then we should move towards lifting the cease and desist. And if there's uh any other conditions that are of concern that that the Mr. Swany as an applicant would want to address or you as an enforcement officer would want to address. To me, that is a new application. Um, I don't I don't think we should be trying to uh relitigate or reconsider something that we've already put conditions on and the conditions have been satisfied.

I agree. I think this would more appropriately be tied into like if you wanted to add it to the application that you're doing for the like where you were going to do the work work on the pipes. I don't think that hooking this to the cease and desist is makes any sense because it's not part of it. He's right he's already done what we've asked him to do.

Okay. So the last question maybe this is better handled with Cassella here. We have litigation pending for the violation. Um, we can leave it pending because there was a violation if you want to try and collect penalties for the previous violation or we can try and settle it where where we are today. Um, again, if you want to get get Cassella here to talk to you about that directly, one month is not going to really make a difference. It's just sort of sitting there on the docket at the moment. But I just want to point out that there is pending litigation regarding the prior violation of the site. That would be have to be discussed in executive session, right?

You can discuss it. No. I mean, executive session is always a possibility for pending litigation, but you don't have to use executive session. You can discuss it in open session if you want to. So, if you'd like me to schedule an executive session for next month, I'm happy to do that. Um, I just want you to keep in mind that that the the lawsuit still is sitting out there. Okay.

Yeah. I think the as I understand that the cease and correct were resolving that or have resolved that with a permit with conditions which he's now met. And so it's, you know, the permits we can, we never got the bond, so we don't have to release the bond. Uh, that's going to bring it that to an end and at the next meeting we can consider, you know, with our attorney obviously dropping the litigation. Okay. I will schedule a Casilla to be at the next meeting. Okay. We need a motion to lift the cease and assist.

Yes. I I would require that to please I would request that you make a motion to lift the cease and assist. So I will take care of that tomorrow. Okay. I'll make a motion to lift the cease and assist seeing that all the conditions been met. Second. Second. All those in favor. Any opposed? Any Thank you. What does it say? Did you want to add this into the application for the pipe thing or Okay.

Okay, that's fine. It's not on. Oh, yeah. I'm sorry. Uh, thank you. So, 25-24 again, 308-1 Mile Creek Road, application for a spillway pipe replacement.

Um, you guys should have received tonight a email from Mr. Sweeney. It was received at 4:28 this afternoon. Um, I had nothing sort of further to offer on it. Again, I just got it about an hour ago myself. So look through it if you have questions of the applicant. If you think this needs to be further reviewed by our engineer, I'm happy to have that done. But um again, this is a modification of the earlier application submitted by the applicant. This seems to the stuff that you got that you gave out to us tonight seems to talk about what we just talked about. Number one was the pipe outlet, placing a boulder next to the pipe.

That's again, we're on the opposite side of the the road now, right? This is this is for the um place that the the beavers blew out and you guys the sitewalk on. Okay. So maybe that's okay. So this is not the thing handed out but I

So it's an alternate to the head wall. Um, based on the comments that came back from the engineer, um, I felt like I wasn't willing to You got

Yeah. I wasn't willing to go that Sorry. I wasn't willing to go that length to repair that aisle way, if you will, or I mean, lack of better words, you know? I mean, we like to keep the water in the pond, but what was being requested from the uh engineer was way more money than I wanted to spend in there. I figured I was throwing 12,000 at it already. So, um I did this came from a conversation with another engineer who we all know and you know again he he just said this was a a great fit for this and I thought well I'll propose it and see what you all think versus I think the other one's off the table. It was just too many too many hurdles to uh even work with that. You know, if you guys have you've you've seen it at this point, you you know what it is. Uh you know what it's doing and uh I just feel like you know this might be a good alternative. uh very little impact um which would you know definitely help the uh downstream at this point. I I think it needs you know existing stone that's on the property would be utilized. Uh the the all the slopes on that bank could be addressed down that whole aisle way. um and just a a check dam or two in there so that one holds the pond back and then the second one would be an alternate but meanwhile between them all we just you know we lay in the stones in there so that that water as it comes down through there and I've been there a long time and I've never seen a rushing water in there's nowhere it's a pond and there's no real there's no in no water comes into that

pond so it rains goes in there and it goes out The whole idea of what the proposal to begin with is just to raise the water. You went down, you saw where the basically the dirt line was on the stones and the pond was I mean it's it was empty, you know. So the whole idea is just get the water back up and you know let the uh the turtles and the snakes and and the birds live in there. That's really about all that does. The only question I would have is I'd like to are we talking one check, two check dams? I'd like to see it on plan

and with this description, you know, just a little more because you gave us a plan as to where the cohort and stuff was going to go and then we could see how it fits in

and then once that plan is in just let I mean since we have an engineer let him look at it too and if he says fine and I'd like to basically start just so for conversation like to start where the beaver dam is. If you left the beaver dam in now he's got it dry. It's it's it's dry right now. We cut the slopes back. There's no discharge water. It's bone dry right now. Cut the slopes back two to one. Lay the stone in there and build two jet damps. I think we've learned our lesson about not having a good map and activities happening because then we don't know what we've approved. So that's why I think an accurate sketch of what you're proposing and that you've started it. I mean it came in I think with the original application and

what would conditions I want our engineer to kind of just agree. Yeah. I I think in theory I think in theory sounds like the the numbers are interested. Um but I think we need uh an actual plan as opposed to this is what it looks like somewhere else. So do you guys want like an engineered plan or you thinking like a Google Earth picture showing like the where they would go with like a width? It's just and you know some heights and dimensions and you know what the what the spillway height is, right? I mean it you have to have some detail. I mean I just wanted to it could be drawn accurately by someone other than an engineer. Yeah, but I would still like our engineer to

this the spillway height jumps out at me what that what that would be. So yeah, I think we need dimensions and

we'd like to maintain what was there. So the pipe's still there. Um, so we want to maintain that height because you if you go any higher, you're going to back the water up onto the road. So the last thing we want to do is get it, you know, over the road. So maintaining that pipe elevation was a nice level. So you know, and then just a flat surface for for the spillway to take it evenly over that spillway. And then just, you know, it's better than that trench has ever had. That trench has never had anything. It's just been washing in there, washing out. And the beaver like to remove the pipes that are there as well. Yeah, that should all come out of there.

But, you know, that should be in a a description of the activities that you want to do along with the plan. I think you know you're feeling that it sounds approvable. If it's properly designed, probably like a typical cross-section like Yeah. say like what the base elevation. Yeah. I mean that's it could but that's just a you're not it's doesn't actually say which one you're doing. That's showing like a typical one. So like which one of these would be would you be picking that kind of stuff I think would be what they'd be looking for at the site with the site dimensions like what size stone you're anticipating using and like width of the height. Yeah.

Or the width of the crest and that kind of stuff I would think and how many check dams. Okay. Okay. So, it sounds like we're tableing the application till next month. I'll make a motion to table uh 25-24. Thank you. Thank you. I'll second. Uh so that it's a regular motion. That's a motion to table. Yeah. It's all those in favor table. I I uh 16 road and two Sharon Drive status violation update.

Um you guys should have received through email my memo that I drafted back July 24th. Um I have received something further from the property owner. So I guess he's here tonight to explain where he is. So I'll just be on that if you want. So after um Mr. Snarky's uh review itself instead of um this is where the pipe comes across from the so this is the area Mr. developed and marked it off with blue ribbons. So, I just I follow around and I got to clean that area up. It looks like it's 5,500 square feet total. Uh 3,000 square ft of 6 in balance of 4 in deep. Um and I can I can start this figure they figured 20 days worth of work for men. Uh and I got a number of 24,000. So the your engineer was fairly close to the 32 that he came up with. Um and as you saw while you were there last time everything is got a ton of hay bales. There's no more siltation happening whatsoever. Uh we have grass growing everywhere. Landscape company come and maintain cutting it. Um, I can start this start Monday. I'd like to start it now while it's dry. Um, um, that's certainly something you guys can talk about. Consider again, I have a

a list on here, four pages long of things that should or will need to be addressed. Um, I don't know if Mr. Nito's prepared to address my memo from July 24th. But again, this is something that I guess puts us on a better path forward and we can address the other matters need to be considered. Um I've addressed the some of those items like the catch basins, put the salts back in, clean them up. I have hay bills there as well. Uh we plan to start that work uh and have it all inspected by the engineer as we're doing them. Okay. the beginning of the month

just so we can kind of keep track if you may want maybe want to go kind of address them. Let's go through them in order. Um provide a plan about professional engineer to create and maintain new erosion controls consistent with the site's current conditions. Okay. We do not have a professional engineers plans for new erosion controls. Um submit a report prepared by certified wetland scientist and how the wetland should be said restored. I think that is what you're looking at here. Correct. Okay. Um, create a schedule of future inspections to be established to ensure the site maintains compliance. That needs to be done. We can certainly work with Mr. Oino to make sure that happens.

Um, the uh vegetative buffer and we did talk about how that was going to be done. I don't know that that's been put on the plans here or how that we're not at that point yet. Okay. For that. So, um, mitigation plan prior to construction. Um, failure to notify the wetland's office required any further work on the site. So, we just need to make sure there's a schedule for when I know there's going to be work on the site. If you're going to do work on Monday, please let me know. I would like to come out there and just make sure I I see what's happening. Absolutely.

Um, failure to make to stabilize all earth surfaces. That seems to be more or less in place. You guys took a look at that. there are places we can just verify continues to be put in good shape particularly around the outlet there you saw the erosion controls were not in great shape when you were out there um with work being done I need to make sure those erosion controls obviously remain in good condition so as work is being done there's no further damage to the site right

um again we have the salt sacks that are out there I would like to see some sort of schedule for there cleaning out and maintaining them um uh certified origin control measures there. Um we didn't get that. Um an accurate survey of the foundation for two Sharon Drive. We haven't gotten that. Um the wetlands ref flagged. I guess we did see that when we were out there. Um the uh emergency erosion control plate prepared the commission's engineer and paid for by the applicant. We haven't gotten paid by the applicant in motion control blonde has not been paid. Um and you did consult with uh Catella on what should be done next. Um and okay the will I guess give copies of all of what happens tonight to the building official so that he's on board with whatever we are now. Um okay. So again going down further here. Um there was a lot of siltation that was in the the uh the pathway that was coming down along the side of the road there that remains sort of heavily silted. Um the pipe underneath the road last I checked was still clogged. Um okay. Stock piles of on-site screen top soil were not protected with silk fences. That has not been corrected to the best of my knowledge.

Yeah, I'm sorry. The the big piles of dirt, there's supposed to be silk fences around the big piles of dirt. That has not been done. Um Okay. Uh swailes various locations. Um flared. Okay. Um okay. The the that's all part of the road work that's going to happen. Okay. Supposedly next month. Um, depending on where we are,

the sitewide erosion control fences inconsistent with the improved drawings. We need to make sure that your drawings show the silt fences in the locations that they're actually been placed. Um, again, we need to make sure that your uh sediment bags remain refreshed after heavy rainstorms. Um, the retention basin needs to be completed for the plant at some point. Um, okay. Do you have a plan for taking care of the sedimentation? Um, okay. Complete construction of the detention basin and that you've indicated you're not intending to do that to your construction complete. Um, remove accumulated sediment from behind the hay bales. So again on the road now where you've got sediment behind the hand bales and other locations where you have hay bales where there's sediment that's piled up behind those hay bales that needs to be cleaned out.

I will go out and take a look. I haven't been out there recently. We haven't had any more since I put up the hay bales coming down the dirt road behind those hay bales. There's now a large amount of dirt behind there's not any longer.

I will go out and take a look at that. Yes, sir. Um, okay. Repair and replace all hay bales that um that need to be repaired and replaced. I will go out and take a look and make sure that's still the case. Um, remove pipes from hay bell check dams and that seems to have been carried out. Um, okay. that he does seem to have established vegetation and um okay the sediment bags we talked about and again just looking through those drainage pipes to make sure the drainage pipes are clear right unless I knew that the drainage pipes were still clogged

that's one of the things we'll do because we're going to cut them out per the instructions of the your engineer also under the if on Sharon Bryant goes up and you have one pipe that basically goes essentially underneath the road you've constructed to go out to to Sharon. Yes. That pipe last I checked was clogged. So you need to make sure since that pipe was not it's not underneath the road that's not going to be cut out and replaced. You need to make sure that pipe continues to be clear so that the water can flow underneath your road and essentially go from top to bottom of your site. That's fine.

Okay. Um and again he does seem to have now consulted with Rich Narski regarding the um restoration plan. So up to you and what you want to do with the restoration plans. Um again you're sort of seeing it for the first time tonight. It had not been submitted to me before this meeting. So you know again this is all relatively new information here for both me and the commission. And that's pretty much where we are. Again we still have not received There's a payment for our engineer bonding that

payment for what? I'm sorry. Okay. Per the original permit original permitted activities. If our engineer was reviewing your work, you you would be responsible for those costs. I got it. that has not been paid through today's meeting. It was work reviewed by Mr. Kawara, right? Michael Kawara and the bill for that has not yet been taken. Okay. Okay. Well, as we as I said, we're planning on starting that work the beginning of the month. Uh it's everything is nice and dry and we'll get him out there. We'll pay the bill in advance.

Okay. But right now, the main concern was the sediment. Okay, that's been taken care of for the most part. I will await further review from the commission since this is a commission application.

Well, I'll I'll start with that. Um, I think steps have been made just by you're going over your list. Obviously, some items have been addressed and maybe we need kind of an updated list. Even if you just do it yourself so that you know where you are when you're visiting the site. Sure. Um and then we can evaluate that. I'm I'm tempted to say go ahead with removing the material in the wetland if he's got a plan that you like. I haven't seen the plan. I know. This is it. This is all I got from Mr. Smith. That's a that's just a bid, a quote that I have.

Okay. Uh it's all hand work. And again, this this is new information. No, no one has seen this. Nobody's seen that now. And again, that I need a copy of as well. Yeah, I emailed you this. Okay. Is that a quote or is that a plan? I'll let you remove. I think it's pretty simple. just sort of throw them there with shovels and move it down to the existing grade and hopefully four to six inches within that area marked off by so and but I would have him come back and review it.

Yeah, I mean getting Rich on site to confirm that what he's asking be done be done is going to be important here because again Rich's you can see on the plan Rich is not an engineer. He's not a surveyor. just sort of marked an area and said here so making sure that Rich's out there to verify that what he wanted done gets done is going to be important right because I I don't have the sense that I'm able to sort of evaluate Rich's proposal um sufficiently well maybe you know Rich can just get out there and put some flags as to where what's already flagged wetlands are flagged but I'm talking about the area that has to be restored so that

the guys that are doing the the or know where to, you know, where he wants the material. Well, he's got flags hanging within that boundary area. That's how this guy was able to go out there and measure off. Okay. I haven't been out there recently. Let me go back out there and confirm that what Rich has flagged is what needs to be removed. Yeah. So, maybe in the next, you know, week or so. I if he's planning to start work Monday, I want to get out there. But yeah, I I want I will get out there very soon to make sure. I wouldn't rush you to do it. It's a you know I when you can get to it because it we didn't have it in time to review or anything but I'm

I'm eager to get the wetland restored and if we have a plan that looks reasonable and Snarski is willing to come out and say it's been done that dry time to do it. Yeah. Again the only reason I would want to do it sooner than later is obviously it's really dry right now, right? Right. So now would be a great time to get out there before September hits and we start getting more frequent rings. So I will try and get out there. But then that gives you an opportunity to kind of go over the the more extensive list. Reducees it down to just the things that he needs to do. Yes. So that it's clear both to you know

Mr. Noto I want everyone on the same page with what's been done where we're where we're going on this and again how long we think it's going to take. We're sort of we are making little I won't say baby steps but we're making steps in the right direction slowly but I'd like to start this and have as we're working get Snarski out there to verify. Okay. Lurs is waiting for him to come out and No, it's already flagged. So I don't know what else.

Okay, Mr. But what I would like to do and again I will make sure I'm out there in the next day or two is confirm that what the work that Rich wants done has been sufficiently flagged or not you know noticed so that the workers understand what it is they need to do. Um I don't need Rich to go back out there and do that. If I go out and I confirm that it it is marked sufficiently then I will let you know you can you can start right away. Okay. Okay. I I intend to get out there this week so that if you want to start next week we can make that happen. Okay. The other thing too on lot two where you have the seasoned assist right now those the forms I'd like to rip all those forms out and then get the surveyor out there. Okay.

So if I can do that if you want to rip the forms out now because they're worthless now. They've been buried in water for Okay. Two months. Three months. Why don't you rip the forms out and get the surveyor out there and we'll proceed with that. Okay. Okay. probably like to have Rich come out like after maybe after you've been working at it on this trip. Yeah, that's what I said versus trying to get him out there now again or Right. But I I think rather than have them look when you're all when you think you're all done, it'd be probably Yeah. No, during the course during the course of the excavation, 20 days of digging, right? Yeah. Just I didn't want to wait till the end and then say what I was looking for. Do we have to make a motion to say that you can go ahead of this or is this just

um Yeah, I think that would be appropriate to allow him to proceed with this. The only only thing I'd like to add is if he if Signarski approves it and says that he's met the obligation, can you lift the cease and desist on that house site? The house site is a different issue on that one. We need the surveyor. Yeah, we're going to rip the rip the forms out then we'll get the surveyor in there. Then you can look that season. Let me let me see what I get. Okay. Yes. If he has meet met all the requirements in the ceil I will lift the ceil to allow him to proceed. I just think if you get a foundation in there and get it back filled. Yeah. It's also when we were out there I noticed the silk fences were almost topping. They're new though.

Yeah. Yeah. They've been replaced. They since we were out there just recently. We'll go back out and make again before I lift the cease and assist. I am going to make absolutely sure I am comfortable with where we are on that site. Okay. I don't I don't intend to lift the cease and distor prematurely. I want to make sure that it is only lifted once we're all ready to do so. So, I didn't want to do anything there without asking No, I understand

about that first. Let's let's see what we get over the next three weeks because he has 20 days worth of work on the other piece of it and he has to rip the forms out to get a surveyor out there. Um when I have better materials, I will certainly pass along what I my my level of knowledge to the commission and my readiness to lift the order. Okay. Uh, I'll make a motion to approve the starting this work with a condition that Rich comes out after a week just to make sure that that we're in the right thing. You're doing the right thing. I'd like that too. And then um keep Eric uh updated as far as your progress goes and make sure that he approves where the limits of where this is happening.

Correct. Second. Can we have discussion? Sure. Oh, I just like uh ask you to amend it to include the removal of the the uh foundation forms um on the house site. I think Eric can just give that. Okay. And um just uh that it's a limited work area as noted on the map for the wetlands remediation only. Okay. All those in favor? I. Any oppose? You could email me this. I will email you this and I will add this to the record.

That's fine. Matt, I'm gonna email you. Okay. It's a little big. Yes, I will. Thank you. Make sure we get a digital copy. Um, this is basically the proposed revised wetlands application. Um, that is incorporated Mel's comments. I do have a few things that I just want to discuss on here before we make any motions on it. Um, you want quite enough for everybody. So, if you guys can have an extra

I'm going to compare it to what I I can share with John. Okay. Maybe they just use just use mine. It looks like we pretty much just use yours. The

I guess the two things I would like to to sort of discuss with the commission about this are um I'm not sure having the fees all the way at the end is the way to go. I'd like to see that either on either on the very first page or the second page just so that people know about the dollars upfront, not at the end of the application. Um, the second piece is, um, per Mr. Aia's request, we've added the $75 per visit for inspections. I'm not sure I feel comfortable with that. Some of the residential ones like 22 sunset. I've been out there, I think, about four or five times. Um, I'm not sure I want to charge them quite that much for just going there for two minutes to say, are the fences in place or in place? Um, you may want to do this for commercial applications or you may want to do it if more than a certain number of site visits are required. Um,

I don't want to deter people from asking if for help count people to Yeah. So I I I saw the fee to be applied only when you've done more than the routine number of visits. Okay. Well then so who's the authority? I mean you could probably put the verbiage in better than anybody here because you do I mean, if you do three or four routine visits to a site, those are covered by the fee. In my humble opinion, um I mean, is when we're going out repeatedly to sites that you have the ability, let me try and amend that piece of it to address

those concerns. if you want to approve it with that caveat and again if you want to move the fee schedule somewhere earlier on the application. Well, I don't I don't I I see the application as an application and then the fee gets handed out. You can hand it out first to them when you give them long staple the fee to the damn front of the application. Okay. Because I want have them to see the fees before they see anything else about the application. Okay. So

yeah, I'm fine with putting it on the front page and and I mean as far as the other it says uh additional permit inspection compliance fees can be required. We can change can to May and and then in my mind that's okay already taken care of. Good enough. I don't think we need to get too far into weeds. The only other big change was that for retroactive permits BP would triple instead of double. That was the other largest change to the application. Retro. Well, when someone does the work before

they have a permit, it's it's a minimal penalty, but our fees aren't very big. And the only other thing that I you know if you I didn't look I made some changes to get some additional information getting the wetland boundary handing out the D questionnaire um they were highlighted I think and then on the on I did suggest some changes to the fees where the hell did that those were highlighted. So

the highlighted ones are all things that he wanted to change. Again, I just wanted to get commentary out there regarding that. The ones I I particularly wanted to have the commission weigh these highlighted ones, the ones I suggested, bumping them up.

The only other thing in the in the application form where we talk about vernal pools, I tell them where the definitions in our regulations for pools is. So they know what a vernal pool is. And for residential permits, how often do you visit a site more than three times? You think like what percentage of applications?

Um I see it's about 50/50. Because I mean like the the one that you had up at the north end of Rogers Lake where they were putting in the the the the large wall there and then sort of back filling and putting the house in. I'm not sure if you remember going to that site visit there. I've been to that site now probably about four times because it took them a while to do that. And then site they're not even finished. I have to go back out there two or three more times. Um, and again I I tried to get out to the one on uh Town Woods because I know that right along the stream there. So I probably visited that three or four times already and obviously they're back with a revised application. So I'm going to go back out there. Is that their request or is that you kind of going to do a period check?

It's not at their request. Most of these are just me verifying like again 22 sunset. Yeah, we're up against the stream. I just go out. I look at the silk fence and it's okay. Just a more sensitive area. Yeah. In places where I'm more worried about it having issues, I just go out and take a look, make sure we're okay.

So again, felon, I had her diarrhea every 30 days or so for me to go back out, take a look, see we're okay. It it took two, three minutes, got in my car, so Fence looks okay. I took a picture. The file has the picture in it just so we can verify it was out there on the day I was out there. Um, not a big deal. But again, if there are situations like for instance 308-1 where I am going out on a more frequent basis to make sure things are okay, I can I can see why we would want to impose fees for doing that. So

yeah, maybe if you even just say if additional visits are due to compliance issues, if it's just regular inspections, I don't think it makes a lot of sense. But if it's continued compliance issues, then it would probably make sense to you, you want to use the word enforcement issues. Would they probably I hesitate tying any types of fees to routine inspections or follow-ups or anything because then it becomes subjective as far as when it crosses some inflection point. So I I do respect the fact that we want me going out and looking. I don't want people if they say no, no, don't come out. I don't want to pay. Right. Okay. And again, if it's two, three minutes, I'm not sure $75 really is was worth covering.

Yeah. And the way to to deal with it, I thought, and that's why I increase some of the fees for the more difficult things like a house obviously going to go out, especially if it's it's much more complicated. Things can go wrong. They don't put up the erosion controls. So, you have more inspections. And I would collect it in the fee up front or just get rid of the additional I just get rid of it just to avoid Yeah. But on compliance could do compliance or serious compiance. In the last seven months, we've only had to reach out to one contractor to fix the cell fence and the multiple site visits that he goes on a week. So there's not really a lot of infractions going on. They're just

Yeah. Yeah, I say for the purpose of simplicity that get rid of it otherwise just create unnecessary arguments and up to you guys how you want to proceed. But again, that's I just wanted to sort of put it out there that if it is for enforcement purposes, I can see why we want to collect fee for for doing that. But I don't know that for routine applications that word in then for enforcement inspections. or enforcement inspections. Maybe does that make it easier for you guys to Yep. And you guys have the power to set your own fees and applications. I don't know if you want to make a motion just to incorporate this new application.

When did we last change fees or have we ever changed them? We haven't changed those recently. In 20 years, we've never I don't know, Mike. You read all the things for the last 20. I I have the not I have something to do with that. It's in my notes. I I've forgotten to um I I I Yeah, I mean I'll I'll make a motion to accept the fee schedule as presented. Um and amend the um additional permanent inspection compliance fees may be required for enforcement purposes. Second.

All those in favor? Okay. Uh, reading and approval of minutes. Yeah, I see it as a separate page where it goes. If it's at the beginning or the end, I don't care. I didn't get that second page. I didn't know there were fees. So, staple it right on the front. Did everybody get a chance to look at the July 22nd regular meeting minutes? I did. Anybody have any changes or concerns? Uh, anybody want to make a motion to approve the minutes? Anybody? All right. Uh, all those in favor? I understand.

Okay. And the August 5th special meeting sitewalk. Anybody have any concerns? No. All right. The motion move. All those in favor? I as well. And anybody else have any anything? All right. Make a motion to adjurnn. Second. All in favor? Anybody going to the sewer install? No.

Going back to work. I'm not sure reached out to you or Rachel regarding interviews for another place. No.