Conservation Commission Regular Meeting Materials (linked)

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Planning & Development
Townof Waterford,
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PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
TOWN OF WATERFORD, CT
PLANNING & DEVELOPMENT
Date: January 30, 2019
To: Kevin McNabola, Finance Director
Mark Wujtewicz, Planner
Re: Letter of Credit Bond Reduction Authorization
: Kathryn Court Subdivision — 20 Doyle Road
Letter of Credit No. 2017356, established by Dime Bank
Stormwater Basin Construction Bond per Inland Wetland Permit #C-15-12
Mr. McNabola,
The Waterford Conservation Cominission has authorized a partial release of $28,600 dollars from the
$45,000 dollar Letter of Credit No-2017356, established by Dime Bank for Hard Eight, LLC for the
~eonstruction and monitoring of the stormwater detention water quality basin serving the Kathryn Court
subdivision at 20 Doyle Road, Waterford CT.
The Conservation Commission has determined that the basin has been constructed in accordance with the
approved plans and Inland Wetland Permit #C-15-12.
The remainder of the bonded amount is for the required inspections, monitoring, reporting and corrective
actions required for a 3-yr period following basin completion as required in accordance with Inland
Wetland Permit #C-15-12.
Attached is 4 copy of the meeting minutes wherein the bond reduction was authorized and a copy of the
Dime Bank Irrevocable Standby Letter of Credit dated May 3, 2017.
Please contact me if you require additional information regarding this matter.
Sincerely,
ZEA
Maureen FitzGérald
Environmental Planner
Town of Waterford, CT
attachment — 2pp
ett A. Piersall, Planning Director, Planner

. TRREVOCABLE STANDBY LETTER OF CREDIT
May 3,2017
br : : :
> ‘Town of Waterford -
15 Rope-Ferry Road
“Waterford, CT 06385-2886 :
: 4 Letter of Credit No.: 2017356
‘Expiration Date: May 3, 2018 |
© Gentlemen:
We hereby establish our Ixrevocable Standby Letter of Credit Number 2017356 in your "
_._ favor by order-and fot-account of Hard Eight, LLC, Dime Bank ‘for a.sum or sumis ‘not
_” exceeding'in all FORTY FIVE THOUSAND U.S. Dollars ($45,000.00) available by your ; .
» sight drafi(s) drawn.on us purportedly’ signed by the Director of Finance of the Town of : oe
" ".". Waterford, accompanied by: a e pos - re
Your statement, purportedly signed by the Dir tor of Finance of the Town of .
“> “Waterford reading a8 follows: =" seca meeps
‘2.2 “] certify that the draft is presented in accordance with the terms of a - ..
Bond Agreement between (appli cant) and the Town of Waterford, dated
"May 3, 2017.” © are eat ee ee ee a a
. Drafts drawn under this letter of credit must be accompanied by a statement signed by the
_ Director of Finance of the Town of ‘Waterford:under oath stating that either (i) the .
amount of the-draft répresents funds due to Waterford’as a result of the nonperformance
or nhsatisfactory performance of work required on certain zeal property located at 20 m
_ Doyle‘Road in Waterford to construct certain on-site and off-site improvements as more
++ “-particularly shown on a plan or map entitled “Kathryn Court Estates, Applicant Hard 7
Eight, LLC, Ownier — Larraine C: Renehan, November 12, 2015 revised to July 26, 2016,..” ;
which plan was signed in accordance with the conditions and stipulations contained in the
“subdivision approval for application #C-15-12 approved by the Waterford Conservation
. Commission on June 13, 2016 or Gi) Waterford has received written notice of Dime
Bank’s election not to renew its’ Letter of Credit 2017356 and the Principal has failed to
- provide Waterford with a substitute letter of credit. satisfactory to the Town of Waterford.
It is a condition of the Letter of Credit that it shall bé deemed automatically exterided
without amendment for one (1) year-from the present or future expiration date thereof,
* + unless at least sixty (60)'days prior to the then prevailing expiration'’date we notify-you in’
” ‘writing via Certified Mail that we elect not to renéw the subject Letter of Credit for such -
“| ° additional period. .
Memper’ » Corporate Office « 290 Salem Turnpike » Norwich, CT'06360 * 860.859.4300 "ey EQUAL
Sk * mse : » Fe LENDER
FDIC," dime-bank.com . ‘ vo
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7: af this ‘credit will be: duly honored by ug on delivery of doctiments as ear) Tf
_ presented, at Dime’ Bank, Letter of Credit Department, 290 Saleni Tpke, Norwich, CT
; 063 60 on or before May 3; 2018, or any automatically extended. sapiation dete. :
‘, Bicept ag. £Schersise etpioaly stated. herein, this Standby ett of Credit iis subj at to the
“Uniform Customs . and Practice for Documentary « Credits (2007. Revision) ICC
: governed by ‘and construed in actordance with the laws of the Connécticut' (without
and’ applicable U.S. Federal Law,
Very tealy yOu, :
Dime ‘Bank vow f
By: Wine : oe ee
Name: Robert R. Buckley SS) a
. Title:” Vice President, } ve
By: KAA ~ .,
Name: Brian P. McNamara hs ee et tet
', Title: Senior Vice President ,
Corporate Office « 290 Salem Turnpike » Norwich, CT 06360 ° 860.859.4300
dime-bank.com i
- Publication: No. 600 CUC ”)s and. as to matters not addressed by the UCP, shall ‘be
' .répard to‘any conflict of laws doctrine that wae apply es laws of another imjedigdon). ‘
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Kathryn Ct subdivision in Outlet — Kathryn Ct subdi
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Basin interior view east - Apr’ Basin interior view west — April 2020

WATERFORD, CT 06385-2886
TOWN OF WATERFORD
Inland Wetlands & Watercourses Permit #C-15-12
20 Doyle Road & 153 Niantic River Road, Waterford, CT
The Waterford Conservation Commission, acting in its capacity of the Inland Wetlands Agency, hereby
authorizes the applicant to conduct regulated activities in designated areas at 20 Doyle Road & 153
Niantic River Road, Waterford, CT which are subject to jurisdiction in accordance with CT General
Statutes, Section 22a-36 through 22a-45, inclusive, as amended, and the Waterford Inland Wetlands and
Watercourses regulations.
This permit is‘a grant of approval to conduct the following regulated activities:
© Clearing, grading and fill activity upgradient of and adjacent to inland wetlands and
watercourses for residential lot construction.
e Discharge of treated stormwater run-off from the subdivision roadway and residential
lots to inland wetlands and watercourses.
These regulated activities are associated with the proposed residential subdivision located at 20 Doyle
Road & 153 Niantic River Road, Waterford, Connecticut. The proposed subdivision is shown on site
plans entitled; “20 Doyle Road & 153 Niantic River Road, Waterford, Connecticut, Proposed RU-40
Subdivision, KATHRYN COURT ESTATES, Applicant — Hard Eight LLC, Owner — Laraine C.
Renehan”; November 12, 2015 revised through January 6, 2016, prepared by Gerwick-Mereen LLC.
The Conservation Commission has reviewed the application materials and public hearing record for
application #C-15-12 and attaches the following conditions of approval to minimize impacts associated
with the proposed regulated activity and protect the inland wetlands and watercourses on this site:
SPECIAL CONDITIONS:
1. The final plans shall include the approved plan revisions and details submitted in public hearing
exhibits #4 -#6 for application #C-15-12.
2. The biofiltration basin shall be constructed and planted during Phase 1 construction. A final
planting and seeding schedule for the bio-filtration basin shall be prepared by a wetland scientist
and submitted to the Commission’s agent for approval prior to planting. The planting schedule
shall include seed mixtures, plant number, type and size, anticipated seasonal hydrologic
conditions in the basin, and soil stabilization measures.
3. During construction, the bio-filtration basin shall be inspected by the project engineer to verify
the stormwater system is constructed in accordance with the approved plans and with the
specified materials, depths, under-drain system, plantings and erosion controls. An as-built plan
and written inspection report shall be submitted to the Commission’s agent by the project
engineer to verify the basin is constructed in accordance with the approved plans.

‘Waterford Conservation Commission Iniaud Wetland Permit #C-15-12
20 Doyle Road 153 Niantic River Road
Page 2 of 4
4.
10.
ll.
Fot a.period of 3 yéars following completion. of the drainage system, the biofiltration basin shall,
be monitored two times (2x) per'year, at the begitming and the end of the growing season, by the
project engineer or a wetland scientist. Components to be monitored shall include at a mitiimum
planting success, vegetative cover, under-drain function, stabilization of basin embankments and
substrate material, and erosion and sedimentation at the basin outlets.
Monitoring reports shall be submitted to the Conservation Commission by June 15"-and
September 15" of each required monitoring year: The monitoring reports shall document the
irispection findings and identify any required corrective actions to stabilize and maintain
functionality of the stormwater biofiltration basin in accordance with the approved plans. The
petmiittee shall be responsible’ for implementing corrective actions.
A cash bond or Letter of Credit shall be required for the construction-of the stormwater
biofiltration basin in accordance with the approved plans, and for the required post-construction
monitoring and reporting, A bond cost estimate for the biofiltration basin constniction,
monitoring and reporting requirements shall be prepared by the:project engineer and submitted to
the Commission’s agent for review and acceptance, The bond is:required to be. accepted by the
Town of Waterford prior to the start of.construction and shall be released upon request, in whole
ot in part, only by approval of the Waterford Conservation Commission following receipt of as-
built verification of construction and monitoring reports of basin stabilization arid function.
‘The permanent limit of clearing identified for Lot #7 shall be labeled as a wetland non-
encroachment boundary on the final plans. The purpose of the non-encroachment:area is to
preserve vegetation, maintain slope and soil stabilization adjacent to the inland wetland and
vernal pool habitat located sotithwest of the, lot. ‘No activity, including, but not limited to,
clearing, grading, filling or removal of vegetation shall be conducted within the non-
encroachment area without specific atithorization from the Conservation Commission.
During Phase 1 of the project construction, the wetland non-encroachment boundary on Lot 7
shall be marked in the field with boulders in accotdatice with the site plan and boundary
identification markers provided by the Commission affixéd to frees.
During Phase 1 of project construction, the disturbed portion of the 100 ft. non-encroachment
aréa-on Lot 7 shall be planted with native tree and shrub specimens suitable for the site and soil
conditions, The planting schedule for restoring vegetation to areas cleared and/or disturbed by.
prior site activities shall be submitted for review and approval to the Commission’s agent prior to
plantizig. The planting shall be subject to inspection and approval by the Commission’s.agent
following installation.
The location, purpose and restrictions of the wetland non-encroachment boundary on Lot 7 shall.
be incorporated into the property deed prior to any further conveyance of the property. The deed
language shall be subject to approval by the Town attomey.
The language of the.conservation easement restriction shall be submitted to the Cortimission’s
_ agent for review and approval by the Town attorney, prior to recording on the land records, ‘The
conservation easement boindary shall be marked on the property by a licensed surveyor and
teviewed by the Commission’s agent for consistency with the approved plan. Boundary
identification markers provided by the Commission shall be installed at intervals along the
easement boundary.

Waterford Conservation Commission — Wetland Permit #C-15-12
20 Doyle Road 153 Niantic River Road.
Page 3 of 4
12. A detailed schedule of inspections and maintenance:requirements for the biofiltration basin shall
be submitted to the Commission’s agent-for review and approval. The approved inspection and
maintenance schedule shall be-incorporated into the-Homeowner’s Association documents and
approved by the Town attorney prior to initiation of construction.
13. The docurients and homeowners agreements shall identify the responsibilities of the
Homeownet’s Association for maintenance of the stormwater biofilttation basin and the
individual lot rain’ gardens and pollution prevention practices, .A copy of the Homeowner's
Association documents:shall be submitted to the Conservation Commission after approval by the
Town attorney.
STANDARD CONDITIONS:
1. The Conservation Commissioni’s agent shall be notified at least 48 hours prior to commencement
of any regulated activity.
2. Final stabilization of disturbed.soil areas shall be stabilized with the application of loam, seed,
required. plantings and appropriate erosion control measures,
3, Atall times during site work and until soil areas are stabilized, the applicant shall install and
maintain erosion and sediment control measures such as fabric filter fence, staked hay bales or
other measures deemed necessary by the Commission’s agent to prevent erosion and
sedimentation impacts to wetlands and. watercourses.
4, Erosion control and soil stabilization measures shall comply with the approved plans and the
guidelines as éstablished in the Connecticut Guidelines for Soil Erosion and. Sediment Control,
2002, CIDEEP Bulletin. 34.
5. Upon direction of the Comimission’s agetit, efosion and sediment control measures shall be
removed by the applicant following stabilization of the site.
All work and all regulated activities conducted pursuant to this authorization shall be consistent with the
terms and conditions of this permit: Any structures, excavation, deposition of fill, obstructions of flow,
encroachments or other regulated activities not specifically identified and authorized herein shall
constitute'a violation of this permit and may result in permit modification, suspension or revocation.
Tn the event that any additional wetland or watetcourse regulated activities are required as a result of other
agehcy’s perinits to-support the proposed activity, the Waterford Conservation Commission resérves the
right to reconsider the proposed régiilated activity and may require modifications to minimize the impact
to wetland resources. ;
In evaluating this application, the Coriiinission has relied on information provided by the applicant. If
such information subsequently proves to be false, incomplete.and/or inaccurate, this permit may be
modified, suspended or revoked.
This permit shall be valid for.a period of.5 years. Permit extensions may be authorized in accordance
with CT General Statutes sections 22a-36 through 22a-45 inclusive. ‘If the regulated activity is not
completed within this time frame, the permit may be held to be invalid: or the applicant may be required to
petition the Commission for an extension or re-dissuance of the permit, The Commission may require. the
applicant to furnish additional information at that time.

Waterford Conservation ee Wetland Permit #C-15-12
20 Doyle Road 153 Niantic River Road
Page 3 of 4
12. A detailed schedule of inspections and maintenance requirements for the biofiltration basin shall
be submitted to the Commission’s agent for review and approval. The approved inspection and
maintenance schedule shall be incorporated into the Homeowner’s Association documents and
approved by the Town attorney prior to initiation of construction,
13. The documents and homeowners agreements shall identify the responsibilities of the
Homeowner’s Association for maintenance of the stormwater biofiltration basin and the
individual lot rain gardens and pollution prevention practices. A copy of the Homeowner’s
Association documents shall be submitted to the Conservation Commission after approval by the
Town attorney.
STANDARD CONDITIONS:
1. The Conservation Commission’s agent shall be notified at least 48 hours prior to commencement
of any:regulated activity.
2. Final stabilization of disturbed soil areas shall be stabilized with the application of loam, seed,
required plantings and appropriate erosion control measures.
3, Atall times during site work and until soil areas are stabilized, the applicant shall install and
maintain erosion and sediment control measures such as fabric filter fence, staked hay bales or
other measures deemed necessary by the Commission’s agent to prevent erosion and
sedimentation impacts to wetlands and watercourses.
4, Erosion control and soil stabilization measures shall comply with the approved plans and the
guidelines as established in the Connecticut Guidelines for Soil Erosion and Sediment Control,
2002, CTDEEP Bulletin 34,
5. Upon direction of the Commission’s agent, erosion and sediment control measures shall be
removed by the applicant following stabilization of the site.
All work and all regulated activities conducted pursuant to this authorization shall be consistent with the
terms and conditions of this permit. Any structures, excavation, deposition of fill, obstructions of flow,
encroachments or other regulated activities not specifically identified and authorized herein shall
constitute a violation of this permit and may result in permit modification, suspension ot revocation.
In the event that any additional wetland or watercourse regulated activities are required as a result of other
agency’s permits to support the proposed activity, the Waterford Conservation Commission reserves the
right to reconsider the proposed regulated activity and may require modifications to minimize the impact
to wetland resources.
In evaluating this application, the Commission has relied on information provided by the applicant. If
such information subsequently proves to be false, incomplete and/or inaccurate, this permit may be
modified, suspended or revoked.
This permit shall be valid for a period of 5 years. Permit extensions may be authorized in accordance
with CT General Statutes sections 22a-36 through 22a-45 inclusive. If the regulated activity is not
completed within this time frame, the permit may be held to be invalid or the applicant may be required to
petition the Commission for an extension or re-issuance of the permit. The Commission may require the
applicant to furnish additional information at that time.