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Inlands Wetlands Commission Minutes 08/29/2012
                                



OLD LYME INLAND WETLANDS AND WATERCOURSES COMMISSION
REGULAR MEETING
TUESDAY, AUGUST 29, 2012



Present were:  Robb Linde, Sabine O’Donnell, Dave McCulloch, Evan Griswold and Skip DiCamillo.


MINUTES OF REGULAR MEETING DATED JULY 24, 2012
Evan Griswold made a motion to approve the minutes as submitted.  Skip DiCamillo seconded the motion.  The motion passed unanimously.

MINUTES OF SITE WALK MEETING DATED AUGUST 8, 2012

This item was tabled until the next regular meeting.  Dave McCulloch agreed to draft the minutes.

NEW BUSINESS

ROGERS LAKE DAM REHABILITATION PROJECT – TEST BORINGS AND PROBE DATA

Tim Griswold, former First Selectman and Howard Frommer of Nathan Jacobsen & Associates were present to give the Commission an overview of the work to be done at the dam.   Griswold stated the project to refurbish the dam has been under way for 7 or 8 years but due to funding has been delayed.  He stated they now have received approximately $280,000 from a Small Town Economical Assistance program in addition to town funds.  Griswold also noted that the DEEP has notified the town that the dam does have leaks and therefore have proposed some improvements.  He stated they would like to do some probing on the water side to determine what is under the surface to see if it would be suitable for sheet piles to be driven in below the water.   Griswold also noted that they are in the permitting process with the DEEP and the Army Corps of Engineers.

Frommer reviewed the plans with the commission including the Fish Ladder which is required by the DEEP.  He stated the sheet piles would protect the integrity of the dam.  He stated the sheets are approximately 26 feet long and constructed of steel and would be driven in by a crane.  He noted the sheets would be 1 foot below the crest of the spill ladder and therefore would not be visible from the road.  
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August 28, 2012



He stated they are proposing to do  three probe holes to determine what is under the surface.  He stated the holes would be done with an auger type bit to avoid any problems at the time of installation of the sheets.  He stated that between the sheets and spillway a concrete slab would be installed.  

The commission also reviewed photographs of the site as well as detailed drawings of the refurbishing including the fish ladder.  He also pointed out the three concrete blocks that had shifted out from the dam and noted they will be put back into position along with rip-rap.  He also noted the drawings included silt fencing of the area as well as a dirt bag (shown as a rectangle on the plan) which will be used by the contractor to pump into during construction.  

Brown asked if the applicant also felt the fish ladder was exempt from an Inland Wetlands permit.  Frommer stated this was a requirement from DEEP and therefore felt it is considered to be an integral part of the dam.  

Robb Linde stated he recalled that all dam construction and repair is all under the control of the DEEP and Army Corps.  Brown stated that was true.  

Evan Griswold made a motion of a finding of no jurisdiction.  Dave McCulloch seconded the motion.  The motion passed unanimously.  

12-12 JULIAN & MARIBETH MULLER – 16-1 SOMERSET LANE – INSTALLATION OF A GENERATOR AND PROPANE TANKS WITHIN A 100’ OF THE WETLANDS.

Robb Linde noted that the commission walked the site on August 8, 2012.  He further noted at that time they told the property owner he did not need to attend the meeting.  
It was noted that the terrain was very flat.

Dave McCulloch made a motion to approve the application as submitted.  Sabine O’Donnell seconded the motion.

Discussion:

Evan Griswold asked if there needed to be any conditions on protecting the wetlands or is it sufficient.   Linde stated the dip witch would have little impact.

The motion passed unanimously.



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August 28, 2012


BLACK HALL POND

The commission discussed flooding at the northwest end of Black Hall Pond.  The concern is that the flow of water in the watershed is being slowed by natural growth south of Black Hall Pond on the former Steube property.  

OTHER BUSINESS

Chairman Linde addressed the commission regarding its responsibilities under Freedom of Informaton Act.~ This was as a result of a visit to 8 Whipporwill by two commission members in response to a report of oil leaking into the wetlands.~ An email describing the condition of the ground was sent to commission members by another commission member.~ There was no discussion of the report among commission members.~ Linde reported the email and through Selectwoman Reemsnyder was able to get confirmation from Tom Hennick (state FOI) that there was likely no violation of FOI regarding this matter.

Specifically Linde reminded the commission

·~~~~~~~~ Email correspondence among commission members regarding matters before the commission can be considered an improperly noticed meeting under FOI.

·~~~~~~~~ Informed the commission that Tom Hennick ~stated that a conversation among 2 commission members regarding a matter before the commission could be considered a meeting.~ This is in contrast to previous guidance which stated that there must be at least 3 members present for a meeting to occur.

·~~~~~~~~ That under no circumstances are we to enter private property on OL IWWC business without the owners explicit permission.

Respectfully submitted,



Kim Groves
Land Use Administrator









 
 
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