Cheshire Inland Wetlands CommissionJanuary 2, 2018
Regular Meeting
CHESHIRE INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
TUESDAY, JANUARY 2, 2018
TOWN HALL 84 SOUTH MAIN STREET
COUNCIL CHAMBERS AT 7:30 P.M.
Members present: Robert de Jongh, Charles Dimmick, Will McPhee, Earl Kurtz, Kerrie Dunne and Thom Norback.
Member not present: Dave Brzozowski.
Staff: Suzanne Simone.
- CALL TO ORDER
Chairman de Jongh called the meeting to order at 7:30 pm.
II.PLEDGE OF ALLEGIANCE
The pledge of allegiance was recited.
III.ROLL CALL
Ms. Dunne called the roll.
Members present wereRobert de Jongh, Charles Dimmick, Will McPhee, Earl Kurtz, Kerrie Dunne and Thom Norback.
- DETERMINATION OF QUORUM
Chairman de Jongh determined there were enough members present for a quorum.
- APPROVAL OF MINUTES Regular Meeting – December 5, 2017
Chairman de Jongh called for a motion to approve the regular meeting minutes from the December 5, 2017 meeting with corrections on pg. 5 L39 add “at” delete “a” and pg. 7 L18 “out” to “our”.
Moved by Mr. Kurtz. Seconded by Mr. Norback. Motion approved unanimously by Commission members present.
- ELECTION OF OFFICERS
Chairman de Jongh opened the meeting up for the election of officers:
Dr. Dimmick nominated Robert de Jongh as chairman.
Ms. Dunne seconded the nomination.
The nomination of Robert de Jongh as chairman was approved by 5-0-1 with Robert de Jongh abstaining from the vote.
Chairman de Jongh re-nominated Charles Dimmick as the vice-chairman.
Mr. Kurtz seconded the nomination.
The nomination of Charles Dimmickas vice-chairman was approved by 5-0-1 with Charles Dimmick abstaining from the vote.
Chairman de Jongh nominated Kerrie Dunne as secretary.
Dr. Dimmick seconded the nomination.
The nomination o of Kerrie Dunne as secretary was approved by 5-0-1 with Kerrie Dunne abstaining from the vote.
Nominations were closed.
- COMMUNICATIONS
Ms. Simone reviewed the following communications:
- Request for Determination, Route 68 & Reservoir Road, Timber Harvest
This communication was reviewed.
Ms. Simone stated this was on the agenda tonight under new business.
- Notification from Eversource Re: Maintenance of electric rights of way
This communication was reviewed.
Handed out at tonight’s meeting:
- Engineering Department Review for the application for Kurtz Realty, LLC
This communication was reviewed.
Ms. Simone stated this was on the agenda tonight under new business.
- Other
Chairman de Jongh stated he wanted to make a general comment that it’s always a pleasure to have Suzanne Simone as our staff person and with that we could not function.
Chairman de Jongh thanked Ms. Simone for a seller 2017 and we expect the same level of competence in 2018.
Dr. Dimmick suggested sending a letter to her (Ms. Simone’s) boss regarding their appreciation.
Chairman de Jongh and Dr. Dimmick agreed to craft a letter (to her boss).
- INSPECTION REPORTS
1.Written Inspections
Ms. Simone stated there were no written inspections.
2.Staff Inspections
Ms. Simone stated there were no staff inspections.
IX.ENFORCEMENT ACTIONS
- Notice of Violation/Cease and Desist Order SC 12/06/16
House 2 Home Construction, c/o Mr. Edward Barnett
Unauthorized Activities in a Regulated Wetland Area
509 Mountain Road
Assessor’s Map 62, Lot 4
Ms. Simone stated she’s met with Mr. Barnett to discuss with him where he’s at and the requirements he’ll need to fulfill before he gets a CO.
Ms. Simone said she discussed with him the property needs to be permanently stabilized and not just with silt fence and there is no opportunity to post a bond for erosion controls; and that the site needs to be stabilized which is something we require of every situation.
Ms. Simone stated this Commission, in the past, has not bonded for the establishment of lawn on individual lots just for actual erosion controls during construction.
Ms. Simone said if he (Mr. Barnett) wants to gets his CO he’ll need to comply with those standards.
Chairman de Jongh said so basically no one is moving in until spring.
Ms. Simone replied yes.
- Notice of Violation/Cease and Desist OrderSC 5/16/17
Unauthorized Activities in Upland Review AreaSC 6/06/17
Luis Rivera and Joanna KozakSC 6/20/17
1392 Cheshire StreetSC 7/05/17
Assessor’s Map 30, Lot 17SC 7/18/17
SC 8/0117
SC 9/05/17
Ms. Simone stated this item is ongoing and she’ll continue to monitor this property in the spring.
- UNFINISHED BUSINESS
There were no unfinished business items to address.
- NEW BUSINESS
1.Request for DeterminationRFD 2018-001
Scotland Hardwoods c/o Rod Burgess
Route 68 & Reservoir Road
Timber Harvest
Rod Burgess of Scotland Hardwoods was present.
Mr. Burgess addressed the Commission.
Mr. Burgess stated he submitted an application regarding another thinning involved with the City of Meriden along their watershed.
Mr. Burgess said they are taking this (project) in sections. He said they (the Commission may recall this section (shown on the map) about 18 years ago; so the cutting plan has come into effect with another round of thinnings on their reservoir – this would be the first of many involved.
Mr. Burgess explained they submitted the application, and met with Suzanne and Mr. Peter and they had a sight walk on this section.
Mr. Burgess explained there are five established crossings involved with this section – three are actually the old crossings that we used for previous thinnings and the two others he moved for a couple of different reasons.
Mr. Burgess said Suzanne said there might be a possibility that he could a determination since these crossings were previously used.
Mr. Burgess explained to the Commission there was an exhibit A & B and narrative attached to the application.
Commission members reviewed the submitted materials.
Mr. Burgess explained exhibit B is the actual topographic map associated with the harvest.
Mr. Burgess reviewed the narrative with Commission members Scotland Hardwoods, a Rossi Company planned to conduct a logging operation on approximately 60 of their 380 acres owned by the City of Meriden; the land is further identified by Assessors map #61 and Lot #9; it’s a one to three man logging crew operating a log skidder that will cut and skid the logs to two main possible yarding areas; one is off Reservoir Road and the other is located off Route 68 and from these yarding areas a tri-axle log truck will pick up the logs next to the property.
Mr. Burgess said if they want to go over exhibit B – it shows the logging areas one of which is right off of Reservoir Road and the other off of Router 68 – those are actually entry ways and established yarding areas that we previously used.
Mr. Burgess said from these logging areas the logs will be picked up and removed from the property from Route 68 and Reservoir Road; regular working hours are from 7 am to 6 pm Monday through Saturday; the property boundaries have been marked with fluorescent pink ribbon and the main skid roads – about 90% have been identified with blue ribbons.
Mr. Burgess said he, Suzanne and a representative from Meriden actually walked the site and went from one end to the other and view these crossings and main skid trails about a week ago.
Mr. Burgess said it’s important to note that, except for two of the crossings and a small section of the main skid trail, all of the remaining crossings; main skid trail and yarding areas are already in place as associated with previous timber harvests.
Mr. Burgess said if you go back to exhibit B – there are two crossings out towards Reservoir Road and they used to go closer to the reservoir and come in from the landing – he said he moved them up towards the property boundaries because it’s a higher situation in terms of topography and they are further away from the reservoir; the two crossings to the north off of Reservoir Road are going to be new crossings - the other three crossings as we goes towards Route 68 have previously been used and are intact as they were before.
Mr. Burgess stated all the trees to be harvested will be marked with orange paint about 4’ above the ground and at the base of each stump – he said he just finished marking the trees to all the trees that are going to be removed are marked.
Mr. Burgess said he estimated about 130,000 board feet of saw timber will be harvested.
Mr. Burgess explained that about 90% of the White Ash trees will be removed as most of these trees are dead or dying due to an insect called the Emerald Ash Borer which is quite heavily in the stands; so they are doing a heavy harvesting on the Ash.
Mr. Burgess said of the remaining trees, about 35 to 40% of these 14” diameter at breast height will be removed – the type of trees are Oak, White Ash, Black Birch, Maple, Hickory, Black Cherry and White Pine in terms of the type of trees.
Mr. Burgess said any portion of the tops concerning the harvested trees not removed from the property will be knocked down or slashed to within 5’ of the ground level.
Mr. Burgess stated that its estimated that about five to six weeks will be required to complete the project; and they hope to start this winter is dry, frozen ground conditions are the best.
Mr. Burgess stated that there are five drainages that will have to be crossed; it’s planned to use portable bridges, in combination with wood poles and or a brush mats.
Mr. Burgess said that Suzanne asked that he bring a few photos which he did and passed to Commission members.
Mr. Burgess described what Commission members were seeing in the photos including the skidders and a map of their mill.
Mr. Burgess stated upon completion of the harvest the main skid trails will be back bladed level and water bars will be installed where necessary; a stone tracking pad will also be put in place as related to the yarding areas where the logging trucks will be coming off the property onto Reservoir Road and Route 68
Dr. Dimmick said he thought it was important by using those portable bridges you have the least permanent disruption in terms of the crossing – you put them in and take them out when you’re finished.
Mr. Burgess stated yes – exactly – that’s the whole idea – a buffer to the skidding process.
Dr. Dimmick asked if there were any ruts you level them out before you leave.
Mr. Burgess stated yes that’s the back blading aspect.
Dr. Dimmick said based on what he’s been reading about the Emerald Ash Borer – is there a limit to what you can do with that wood because he thought the State of Connecticut had some limits of transport.
Mr. Burgess talked about the progression of the Emerald Ash Borer – coming in around Prospect where they first identified it and at that time (about 3 years ago) they quarantined it to the state meaning you couldn’t transport logs from that area where they found to other parts of Connecticut then they put up those green traps the last three years to trap the insects but where they found them all over the state they took the quarantine off so at this point there’s no quarantine in the state because they found it everywhere in the state.
Dr. Dimmick asked about going out of state – but didn’t think they planned to do that.
Mr. Burgess said there’s an issue going north into Vermont and Canada – they are trying to stop it if possible before it progresses into another state.
Mr. Burgess talked about some of the Ash wood being used for furniture, stair casing and flooring but the Emerald Ash Borer is quite destructive and the lumber may not be usable; if it goes another year or two it won’t be able to be used for fire wood or lumber.
Chairman de Jongh stated for members of the Commission who are not familiar with Mr. Burgess or his company – we worked with him on several occasions and they have always had a tremendous respect for not only the land but for the project and its always come out better than when they started.
Dr. Dimmick stated for the record he wanted to ask a question of staff – Suzanne, are you satisfied that the safe guards he’s proposing.
Mr. Norback asked about the portable bridges shown in the pictures – he said they seem to be just wide enough for the tires of the skidder yet your dragging the felled trees behind it – does that impact the stream beds or crossings – he said its seems like it would be dragging stuff into there.
Mr. Burgess stated the picture is a little bit deceiving – he said they are actually about 4’ wide and they use three of them in combination so they have over 12’.
Mr. Norback said so you put them together to make 12’ so the felled trees slide across.
Dr. Dimmick asked Suzanne is she was satisfied in her own mind that the safe guards being proposed will take care of any (issues).
Ms. Simone stated yes – having been out at the site the area there are proposing the deviation from the established trail - that is right next to the road - there’s some Green Briar and some Multiflora Rose area that will be impacted which both are invasives and will be removed.
Ms. Simone stated she didn’t have any concerns about this project from walking through it and talking to Mr. Burgess – everything is very well planned out and strategized so she didn’t have any concerns.
Motion: That the Commission having seen the evidence presented for this work and comments by staff, we do not find a permit necessary for the proposed work as long as it’s carried out the way it’s been proposed.
Moved by Dr. Dimmick. Seconded by Mr. Kurtz.
Discussion:
Mr. McPhee said he had one comment and he didn’t recall because he hasn’t seen too many of these come across in his time (on the Commission) – he asked have we ever done an application for forest (work).
Dr. Dimmick stated yes.
Dr. Dimmick went on to say about two-thirds of the time we’ve requested there be some kind of a permit for part of the work; at least two-thirds of the time.
Ms. Simone stated that was also for the creation of these roads – the roads (and trails) they are going to use (were permitted).
Mr. McPhee said he didn’t have a problem (with anything) he just wanted things to be consistent over the years and that was really all he was worried about.
Ms. Simone said yes – there’s just the one deviation which is entering the property – instead of it being right next to the reservoir their relocating it further away reservoir where it’s quite wet to a drier area.
Ms. Dunne asked weren’t there two deviations and not one.
Ms. Simone stated its two crossings but it’s in one line and it connects up with the existing trail; but those are smaller watercourses.
Chairman de Jongh said just to add some further information related to Mr. McPhee’s concern - we have gone out and done site visits and walked the property seeing where those trails were going to be laid and how they were going to be laid so we did do some pretty extensive investigation before we granted that first permit; and since they are using the same trails from before we know they were done the right way the first time.
Mr. McPhee stated he’s all for it – he wanted to make sure they asked the same questions as they would a private citizen as they would the City of Meriden.
Dr. Dimmick commented he remembered three previous permits for sections – he said the one that caused the most problem was the one across from Broad Brook on Route 68 - where they actually had to get into the wetlands.
Mr. Burgess said in terms of wetlands – they’ve always harvested trees in wetlands and there are things that do happen – and the timing of the ground is important – and 9.9 times out of 10 most things can be addressed.
Dr. Dimmick commented about stipulations being placed in the permit because of things they saw but there was no problem afterwards.
Motion approved unanimously by Commission members present.
Mr. Burgess did ask if the process was the same that they notify staff when they start, notifying the wetlands agent and then close down the project.
Chairman de Jongh stated yes.
Dr. Dimmick added that they always reserve the right to do a cease and desist and request a permit if something goes wrong.
Ms. Simone stated that she’d be sending out a formal letter about what the Commission discussed tonight; and what is allowed as far as a determination that no permit is needed.
2.Permit ApplicationAPP 2018-001
Scotland Hardwoods c/o Rod BurgessDOR 01/02/18
Route 68 & Reservoir Road
Timber HarvestMAD 3/08/18
Mr. Burgess requested the permit application be withdrawn.
- Permit ApplicationAPP 2018-002
Kurtz Realty, LLCDOR 01/02/18
Peck Lane
Site PlanMAD 3/08/18
Earl Kurtz recused himself from this portion of the meeting at 7:53 pm.
Ryan McEvoy, PE from Milone and MacBroom was present on behalf of the application.