Conservation Commission (linked)

PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
NOTICE OF VIOLATION
Inland Wetlands Permit #C 22-18
93 Shore Road, Waterford, CT
Date: June 16, 2023
To: Jose Espinosa
93 Shore Road
Waterford, CT 06385
Re: Unauthorized Fill Within & Adjacent to
Inland Wetlands & Watercourses
Violation of Permit #C 22-18
Mr. Espinosa,
On June 16, 2023, I conducted an inspection at your property located at 93 Shore Road, Waterford to
review compliance with inland wetland permit #C 22-18. During that inspection it was determined that
you have conducted fill activity in wetlands and adjacent designated non-encroachment areas located
beyond the limits of authorized permitted fill. This activity does not comply with permit #C 22-18.
Specifically:
a) Fill was measured to extend 28 feet east from the southeast corner of the house foundation
and 26 feet south of the southeast corner of the house foundation. The authorized limit under
permit #C 22-18 was 18 feet. This excess fill is located within inland wetland.
b) Fill has been placed behind (east of) the house beyond the previously approved limits of
activity. The plantings and non-encroachment area boundary markers have been removed.
This fill extends into designated non-encroachment area and inland wetland and is not
authorized.
This letter is a notification that you have conducted fill activity within and adjacent to inland wetland and
watercourse areas on your property at 93 Shore Road in violation of Inland Wetland Permit #C 22-18 and
Section 6 of the Waterford Inland Wetlands & Watercourses Regulations.
By this letter, you are requested to:
1. Within 7 days of your receipt of this notice, please contact the Waterford Planning & Development
office to discuss the required restoration measures to remove the unauthorized fill and restore the
affected wetland.
2. Within 30 days of receipt of this notice, remove all unauthorized fill material placed beyond the
authorized limits and restore all disturbed wetland vegetation and wetland substrate to their pre-work
conditions. Upon removal of the fill, please contact this office to schedule a follow-up inspection.

Notice of Violation
93 Shore Road
06/16/023
3. Upon completion of the fill removal and restoration of wetland surface, the designated wetland non-
encroachment boundary is required to be permanently marked on the property with fencing, plantings
or other structural demarcation to delineate the approved limits of residential development in
accordance with special condition #2 of Permit #C 22-18 (attached).
This notice is issued in accordance with Section 14 of the Town of Waterford Inland Wetlands and
Watercourses Regulations. Failure to comply with the terms of this letter may result in further
enforcement action by the Waterford Conservation Commission, including but not limited to the issuance
of a cease and desist order or referral to Town counsel for legal action.
Your cooperation in resolving this matter is appreciated. Questions should be directed to Maureen
FitzGerald, Environmental Planner, 860 444-5813 or by email to mfitzgerald@waterfordct.org.
Respectfully,
Maureen F: a feral
Environmental Planner
Town of Waterford, CT
Certified Mail: #9171 9690 0935 0254 0867 10
ees Waterford Conservation Commission
Mr. Jose Espinosa, (digital version)
attachments: Photographs of fill area dated June 16, 2023
Inland Wetland Permit #C 22-18

fh 2, E ‘ 93 Shore Road, 6 16 2023
—Fill off south and southeast of house extending beyond authorized limits of permit C 22-18.

PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
Waterford Conservation Commission
Inland Wetlands & Watercourses Permit #C-22-18
93 Shore Road, Waterford, CT
The Waterford Conservation Commission herein authorizes the applicant to conduct regulated
activities in designated areas at 93 Shore Road, Waterford, CT which are subject to the
jurisdiction authorized by the CT General Statutes Section 22a-36 through 22a-45 inclusive, as
amended, and the Town of Waterford Inland Wetlands and Watercourses regulations.
This permit is a grant of approval, with conditions, in accordance with the Waterford Inland
Wetlands and Watercourses regulations to conduct the following activities:
1. Modification of inland wetland permit #C 14-09 to relocate a portion of the
southeastern wetland non-encroachment area boundary line to a distance of 18
feet off the southeast corner of the primary residence and to construct a low
retaining wall at the southeast non-encroachment area boundary to support fill for
residential lawn area.
2, Removal of 2 trees from the non-encroachment area south of the residence.
These regulated activities are associated with modification to a site plan approved by Inland
Wetland Permit #C 14-09 issued for construction of a residential dwelling served by municipal
sewer and water on land at 93 Shore Road, Waterford, Connecticut. The modification to the
wetland non-encroachment boundary is depicted on the attached copy of the site plan permitted
under inland wetland permit #C 14-09 for 93 Shore Road.
SPECIAL CONDITIONS:
1) A wetland non-encroachment limit is established at the authorized limits of clearing and
disturbance. No activity other than those authorized herein, including but not limited to fill,
grading, clearing or removal of vegetation, shall be conducted beyond the limit of clearing
and non-encroachment line without specific approval from the Conservation Commission.
2) The non-encroachment boundary shall be permanently demarcated on the property with
fencing, plantings or other structural demarcation to delineate the approved limits of
residential development.
3) The Conservation Commission’s agent shall be notified at least 48 hours prior to
commencement of any regulated activity.
4) Disturbed soil areas shall be stabilized with vegetation or seeded. Appropriate erosion
control measures shall be installed where required.

Waterford Conservation Commission
Permit #C 22-18 -93 Shore Road
Modification of Permit #C 14-09
Page 2 of 2
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, fill, obstructions,
encroachments or regulated activities not specifically identified and authorized herein shall
constitute a violation of this permit and may result in permit modification, suspension or
revocation.
In the event that any additional wetland or watercourse regulated activities are required as a
result of other agency permitting to support the proposed facility, the Waterford Conservation
Commission reserves the right to reconsider development of this site and may require design
modifications to minimize the impact to regulated 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 is issued for a period of 5 years, subject to extension in accordance with CT State
Statutes for a period not to exceed 10 years. If the regulated activity is not completed within this
time frame, the permit may be held to be invalid by the Commission and 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.
The Conservation Commission renders this Summary Ruling in accordance with the Waterford
Inland Wetlands and Watercourses Regulations based on the following considerations:
A. The activity does not involve adverse impacts to inland wetland and watercourse
resources,
This permit will be strictly enforced. If the Conservation Commission finds that the applicant
has not complied with the permit conditions or has exceeded the scope of this permit as set forth
herein, or, if the intended use of the general site is not as represented by the application or the
plan of record, the Commission may suspend or revoke this permit, direct the Environmental
Officer to issue a cease and desist order, require the applicant to modify, extend or revise the site
work, or require the applicant to restore the area to its original condition.
Dated:
Issued By: ele n
. Muckle
Waterford Conservation Commission

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NOTES 11-15
om OWNER/APPLICANT: GEORGE KA
93 SHORE ROAD WAI