March 23, 2023 Conservation Commission Meeting Agenda (linked)

DRAFT 
 
 
 
 
TOWN OF WATERFORD  
Inland Wetlands & Watercourses Permit #C-22-14 
109R & 131 Clark Lane, Waterford, CT 
 
The Waterford Conservation Commission, in their capacity as the Town’s Inland Wetland 
Agency, hereby authorizes the applicant to conduct regulated activities in designated areas 
located at 109R & 131 Clark Lane, 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, excavation and grading associated with construction of a 47 unit residential 
development served by a private driveway, municipal water and sewer, and a stormwater 
treatment / detention system upgradient of inland wetlands and watercourses; 
 
• Fill and grading within 0.13 acres of upland review area for construction of 7 houses and 
associated grading; 
 
• Construction of a stormwater treatment and detention basin within 0.56 acres of upland 
review area; 
 
• Discharge of treated stormwater run-off to inland wetlands and watercourses. 
 
These regulated activities are associated with the proposed construction of a 47 unit residential 
development located at 109R & 131 Clark Lane, Waterford, Connecticut.  The proposed 
activities are shown site plans entitled; “Proposed Affordable Housing Development, 131 & 
109R Clark Lane, Waterford, Connecticut” sheets 1 – 21, revised through 2/21/2023, prepared 
by Provost & Rovero, Inc. 
 
The Conservation Commission authorizes the regulated activity with 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 authorized limit of permanent clearing and disturbance shall be identified as the wetland 
non-encroachment boundary.  No activity, including but not limited to clearing, grading, 
filling or removal of vegetation shall be conducted within the non-encroachment area without 
specific authorization from the Conservation Commission.  The purpose of this vegetated 

 
Waterford Conservation Commission 
Inland Wetland Permit #C-22-14 
109R & 131 Clark Lane 
Page 2 of 5 
 
non-encroachment area is to protect inland wetland resources from direct and indirect 
impacts associated with adjacent land development. 
 
2. The wetland non-encroachment boundary shall be marked in the field prior to the start of site 
clearing and approved by the Commission’s agent.  Following construction, the non-
encroachment boundary shall be permanently marked at 50 ft. intervals with identification 
markers provided by the Conservation Commission affixed to trees or 4x4 wooden posts. 
   
3. At all times during site construction, temporary diversion swales and temporary sediment 
traps shall be maintained to collect and settle site construction run-off and to prevent 
sediment discharge to the receiving wetlands and watercourse resources.   
 
4. Temporary sediment controls shall be installed and maintained downgradient of the level 
spreader outlet until vegetative cover is established on the site. 
 
5. Construction of the bio-filtration basin and detention basin shall be inspected by the project  
engineer during construction to verify the specified fill materials are consistent with the 
approved plans and specifications.  Material certificates from a qualified testing agency shall 
be provided for the bioretention basin media layers per the plan specifications. 
 
6. A pre-construction meeting shall be conducted at the site with the contractor, project 
engineer and Commission’s agent for the bio-retention basin to verify construction inspection 
requirements, materials testing and reporting requirements for the basin. 
 
7. Two groundwater monitoring standpipes shall be installed in the detention basin at the onset 
of construction to a minimum depth of two ft. below the completed depth of the basin.  Depth 
to seasonal high groundwater shall be monitored during the construction duration on a 
monthly basis.  The final basin planting plan shall be prepared by a wetland scientist based 
on the collected groundwater data and submitted to the Commission’s agent for approval 
prior to planting the basin. 
 
8. Prior to the issuance of a certificate of occupancy an as-built plan and inspection report shall 
be submitted to the Commission’s agent with a written verification that the stormwater 
treatment, detention basin and level spreader were constructed in accordance with the 
approved plans and design exfiltration rate. 
 
9. The maintenance and inspection schedule for the stormwater management system shall 
include quarterly inspection of the Conservation Easement Area downgradient of the level 
spreader for soil erosion and channelization due to stormwater discharge and corrective 
measures for repair of any eroded areas.  All work within the Conservation Easement Area 
requires approval from the Commission prior to initiation of activity. 
 
10. A condensed inspection and maintenance schedule identifying the frequency and type of 
maintenance requirements for the stormwater management system shall be prepared by the 
design engineer and submitted to the Commission’s agent for approval prior to the issuance 
of a certificate of occupancy.  Inspection and maintenance items shall include the roadway, 
catch basins, hydro-dynamic separator unit, basin forebay, bio-filtration basin, wetland 

 
Waterford Conservation Commission 
Inland Wetland Permit #C-22-14 
109R & 131 Clark Lane 
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detention basin, level spreader outlet and hillslope downgradient of the level spreader.  The 
maintenance chart shall be kept on the premises and implemented by the permittee to insure 
proper maintenance and operation of the stormwater control facilities. 
 
11. Performance of the bioretention basin in pollutant removal including nitrogen, phosphorus, 
metals, and bacteria generated from the site development shall be monitored at intervals of 2 
times per year (semi-annually) by a qualified third party following completion of the site 
construction to monitor pollutant removal function of the biofiltration/detention basin 
system.  Stormwater samples are to be collected where the stormwater enters the biofiltration 
basin and exits the detention basin.  Parameters to be tested include: total suspended solids, 
total phosphorus, nitrate-N, total copper, total lead, and total zinc.  Samples are to be 
collected during storm events of 0.5 inch or greater during a 24-hour period during the early 
(April-May) and late (September-October) growing season.   
 
A year-end monitoring report shall be submitted to the Commission’s agent by December 
15th of each monitoring year.  Stormwater discharge quality monitoring and reporting shall 
continue for a minimum of 3 years following completion of site development. 
 
12. Post construction monitoring of the stormwater basin vegetation and soil stabilization shall 
be conducted by a wetland scientist or other qualified professional for a period of three (3) 
years following completion of the stormwater basins to document vegetation 
establishment/success and functioning of the stormwater basins.  Monitoring shall be 
conducted 2 times per year during the early and latter part of the growing season and include, 
vegetation establishment, depth of  ponding and draw-down interval, sideslope and substrate 
stabilization, basin plantings survival, and inspection of soil stabilization downgradient of the 
level spreader outlet.  Invasive plant species shall be removed from the basins.  Total 
herbaceous coverage of the basin areas shall equal or exceed 75% at the end of the second 
monitoring year.  Areas of erosion shall be repaired and re-planted under supervision of the 
Commission’s agent.   
 
A monitoring report is required to be submitted to the Conservation Commission by the 
December 15th of each monitoring year.  The Commission may require corrective actions to 
maintain or repair the stormwater basins. 
 
13. A cash bond or letter of credit shall be required for the construction of the stormwater 
biofiltration and detention basin in accordance with the approved plans, including the 
required construction inspections and post-construction monitoring and reporting 
requirements.  A cost estimate for said bond shall be prepared by the project engineer and 
submitted to the Waterford Planning Department for review and acceptance.  The bond is 
required prior to the start of construction and shall be released upon request, in whole or in 
part, only by approval of the Waterford Conservation Commission or its designated agent 
following receipt of as-built verification of construction and monitoring reports of basin 
stabilization and function.  
  
14. At the time of site construction, invasive bittersweet vines in canopy trees and saplings in the 
wetland and wetland non-encroachment area to are to be cut and treated with an approved 
herbicide by a licensed applicator.  Invasive non-native species shall be treated and removed 

 
Waterford Conservation Commission 
Inland Wetland Permit #C-22-14 
109R & 131 Clark Lane 
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from the wetland non-encroachment area bordering the proposed biofiltration and detention 
basin to prevent encroachment of invasive vegetation into the stormwater treatment basins 
and to maintain and protect canopy coverage in the adjacent wetland.  A report shall be 
submitted to the Commission’s agent documenting the location and types of invasive species 
control implemented in the wetland and wetland non-encroachment area. 
 
15. The language of the conservation easement restriction shall be submitted to the 
Commission’s agent for review and approval by the Town attorney, prior to recording on the 
land records.  The conservation easement boundary shall be marked on the property by a 
licensed surveyor and reviewed 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. 
 
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, including all temporary and permanent soil 
disturbances, shall be stabilized with the application of loam, seed and appropriate erosion 
control measures. 
 
3. At all 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 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 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. 
 

 
Waterford Conservation Commission 
Inland Wetland Permit #C-22-14 
109R & 131 Clark Lane 
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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 § 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 by the 
Conservation Commission 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. 
 
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 direct impacts to inland wetlands or watercourses.  The 
activity will not diminish the capacity of the on-site wetlands and watercourses to support 
fish and wildlife, supply and protect ground and surface waters, control erosion and 
assimilate pollutants or to facilitate drainage. 
 
B. Alternative plans have been submitted that incorporate the off-site stormwater run-off 
entering the property into the proposed on-site stormwater treatment system and 
minimize alteration to surface and shallow groundwater flows. 
 
C. The proposed activity does not adversely affect off-site wetlands or watercourse 
resources. 
 
D. Short-term construction impacts are minimized with a phased construction sequence and 
erosion and sediment control plan.  Potential long-term impacts to wetland resources are 
minimized by maintenance of wetland hydrology, implementation of stormwater 
treatment / detention basins, control of discharge velocities and maintenance of a 
vegetated wetland buffer designated as a wetland non-encroachment area.  
 
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. 
 
 
Date Issued:  March 23, 2023   
 
Issued By: 
________________________ 
Chairman, Richard F. Muckle  
Waterford Conservation Commission  
 
Effective Date:  
____________