Conservation Commission Agenda (linked)

PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
Notice of Non-Compliance
March 6, 20232 Inland Wetlands & Watercourses Regulations
Inland Wetland Permit #09-06
To: Raymond Lenart & Angela Del Grosso
577 Vauxhall Street Extension
Waterford, CT 06385
Re: Notice of Non-Compliance, 577 Vauxhall Street Extension
Unauthorized Activity Within Inland Wetlands & Watercourses
Mr. Lenart:
This letter is a notification that you have conducted activity within inland wetland and watercourse areas
in violation of Waterford Conservation Commission permit #09-06 and Section 6 of the Waterford Inland
Wetlands & Watercourses Regulations.
On March 3, 2023 this office observed that modifications have been made to wetlands bordering Lake
Brandegee on the east side of your property at 577 Vauxhall Street Extension. It appears that vegetation
has been removed and materials placed on the wetland, including wetland area in ownership of the City of
New London, in excess of that authorized by inland wetland permit #09-06 issued for this property.
A review of Town inland wetland files indicates that no permits have been issued for the extent of activity
conducted. On April 16, 2009, the Waterford Conservation Commission issued inland wetland permit
#09-06 to Daniel Del Grosso for construction of a residence and on-site septic system at this property. A
6 ft. wide pathway was authorized the cross the wetlands for access to the water’s edge. Conditions of
that permit included establishment of a 25 ft. width non-encroachment boundary upslope of the wetland.
Further clearing, grading, filling or vegetation removal within the non-encroachment area required review
and approval by the Conservation Commission.
By this letter, you are requested to:
1. Please contact the Waterford Planning & Development office within 10 days of your receipt of this
notice to schedule an inspection date to discuss the activity conducted, and any required restoration
measures to remove unauthorized fill material and restore the affected wetland.
2. Within 45 days of receipt of this notice, submit a restoration plan to the Waterford Conservation
Commission which addresses removal of fill materials from the wetland and restoration of the
wetland vegetation. The restoration plan should include a detailed methodology for how you propose
to remove the materials, any equipment proposed, and any plantings to reestablish the affected
wetland and shoreline. The restoration plan will be reviewed by the Waterford Conservation
Commission for approval or modification.

Notice of Non-Compliance
577 Vauxhall Street Extension
03/06/2023
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,
LAL bel”
Maureen FitzGefa
Environmental Sates
Town of Waterford, CT
Certified Mail: #9171 9690 0935 0184 4159 56
attachments: Photograph of shoreline area taken 3/3/2023
Permit #09-06 with site plan
cet Waterford Conservation Commission
Joseph Lanzafame, Director of Public Utilities, City of New London, CT


FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
WATERFORD CONSERVATION COMMISSION
PERMIT #09-06: 573A Vauxhall St. Extension,
Waterford, Connecticut
The Conservation Commission hereby authorizes the applicant to conduct regulated activities in
designated areas that fall under the jurisdiction of the Inland Wetlands and Watercoutses Act, as
amended, Section 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
This permit is a grant of approval from the Waterford Conservation Commission to conduct the
following regulated activities:
1. Excavation, fill and grading for construction of a residential structure and on-site septic
system up-gradient of inland wetlands and Lake Brandegee within the Upland Review Area.
2. Clearing of above-ground vegetation in a 6 ft. wide pathway actoss 25 ft. of wetlands to
create a pedestrian access to the water’s edge. [@ 150 square ft. of wetland disturbance].
These regulated activities are associated with the proposed residential development of a 0.28 acre
parcel located at 573A Vauxhall Street Extension, Waterford, Connecticut. The proposed activity is
shown on site plans entitled; “Sewage Disposal System Design Plan Proposed Single-Family
Residence, prepared for Dan DelGtosso for Property Located At Assessors Map 10, Lot 573A,
573A Vauxhall Street Extension, Town of Waterford, New London County, Connecticut” prepated
by SITE & STRUCTURES. LLC, dated April 2005, revised through 02/09/09.
The Conservation Commission has reviewed the application materials and site plan and attaches the
following conditions to minimize impacts associated with the proposed regulated activities and
further protect the inland wetlands and watercourses on this site:
SPECIAL CONDITIONS:
1. A 25 ft. wide wetland non-enctoachment area shall be designated up-gradient of the wetland
perimeter and identified on the final site plans. The purpose of the non-encroachment area
is to maintain vegetative cover and soil stabilization up-gradient of the wetland and to
ptevent sedimentation and hydrologic impacts to the receiving wetlands and waterbody from
adjacent residential development and land use.
2. The wetland non-encroachment boundaty shall be located in the field by a licensed surveyor
and permanently marked with boulders, a stone wall, plantings or other type of approved
permanent structure to clearly identify the boundaty of the non-enctoachment atea.

Conservation Permit #09-06
573A Vauxhall Street Extension
2 of 4
10.
11.
Placement of boulders or plantings along the non-encroachment line shall be coordinated
with the Commission’s agent to provide permanent demarcation of this limit.
Removal of debris and rusted metal automobile parts from the property, including the
wetland and non-enctoachment area shall be conducted during the initial site clearing and
grading activities. Prior to removal, the permittee shall contact the Commission’s agent and
schedule a site coordination meeting to address the extent of this clean-up activity. The
materials shall be removed from the wetland area without destruction of vegetation or soil
disturbance. Machinety is not authorized to operate within the wetland or non-
encroachment atea.
The pedestrian access path across the wetland to the edge of Lake Brandegee shall be a
maximum of 6 ft. wide. The location of the pedestrian access to the lakeshore shall be
identified in the field prior to initiation of vegetation cutting, shall avoid woody vegetation
and minimize disturbance to the wetlands. The permittee shall contact the Commission’s
agent prior to conducting any cutting, clearing or removal of vegetation or material from the
wetland non-enctoachment atea or the wetland area.
The surface of the pedestrian access path shall be protected from soil erosion by placement
of flat stones within the designated pathway extending from the non-encroachment
boundary to the edge of Lake Brandegee.
Removal of invasive vines and shrubs within the wetland non-encroachment area is
authorized upon condition that the activity is coordinated with the Commission’s agent.
Cutting and removal shall be conducted during the initial site clearing and grading activity.
Species and individual plants proposed to be cut and removed by the permittee shall be
approved by the Commission’s agent prior to initiating any vegetation disturbance within the
non-encroachment area.
Further clearing, vegetation management ot invasive species control measures within the
designated wetland buffer ot wetland area itself are not authorized at this time. This
additional activity requires review and approval by the Conservation Commission as a
tegulated activity. Protection and enhancement of the native wetland vegetation along the
Lake Brandegee shoreline shall be the primary goal and objective for any vegetation
management plan proposed for this resource area.
No activity, including but not limited to clearing, grading, filling or removal of vegetation
shall be conducted within the designated wetland non-encroachment area without specific
authorization from the Waterford Conservation Commission.
The approved limits of clearing and disturbance shall be marked by a licensed land surveyor
and approved by the Commission’s agent prior to the start of site construction. Field
markings must be adequate to serve throughout the duration of the site construction activity.
The final site plan for residential development on this parcel shall include temporary run-off
control measures for the driveway and house construction to control run-off and sediment
control measutes at the approved limits of clearing and grading to control impacts to
receiving wetlands and waterbodies.

Conservation Permit #09-06
573A Vauxhall Street Extension
3 of 4
12. The final site plan shall limit proposed clearing and grading activities to the subject property
boundaries. Construction, clearing and grading activity is not herein authorized on the
adjacent properties without written consent or ptoof of easement tights from the abutting
ptoperty owners.
13. Footing drain and roof drain outlets shall discharge to the ground surface in rain gardens or
energy dissipators to reduce the potential soil erosion from the construction site into the
wetlands.
STANDARD CONDITIONS:
14. The Conservation Commission’s agent shall be notified at least 48 hours prior to
commencement of any regulated activity.
15. Final stabilization of disturbed soil areas shall be stabilized with the application of loam,
seed, required plantings and appropriate erosion control measures.
16. 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 fabtic filter fence, staked hay bales
or other measures deemed necessary by the Commission’s agent to prevent erosion and
sedimentation impacts to wetlands and watercoutses.
17. Erosion control and soil stabilization measures shall comply with the approved plans and the
guidelines as established in the 2002 Connecticut Guidelines for Soil Erosion and Sediment
Control, CTDEP Bulletin 34.
18. 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, 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 resoutces.
In evaluating this application, the Commission has telied on information provided by the applicant.
If such information subsequently proves to be false, incomplete and/or inaccurate, this permit shall
be modified, suspended or revoked.
This permit shall be valid for a petiod of 2 years. If the regulated activity is not completed within
this time frame, the permit may be held to be invalid by the Conservation Commission and the

Conservation Permit #09-06
573A Vauxhall Street Extension
4o0f4
applicant may be required to petition the Commission for an extension or re-issuance of the permit.
The Commission may requite 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 proposed construction does not involve direct impacts to wetlands or watercourses. A
wetland non-encroachment area is identified adjacent to the wetland boundaty to protect the
adjacent wetlands and watercourses from soil and slope erosion, minimizing potential
indirect wetland impacts from the proposed development. The proposed 6 ft. wide
pedestrian footpath access to the Lake Brandegee shoreline will be constructed to avoid
woody vegetation and minimize soil disturbance in the wetland.
B. The proposed septic system is located a minimum distance of 100 feet from the open water
of Lake Brandegee.
C. Short-term impacts from the proposed development will be controlled by installation and
maintenance of specified erosion and sediment controls and construction run-off controls.
D. Strict adherence to the terms and conditions imposed with this permit will protect the quality
of wetlands and surface waters on this propetty.
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, ot, 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 atea to its original condition.
Dated at Waterford, Connecticut this 16" day of Aptil, 2009.
haitmén, Gary Johnson

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CUTTING ¢ REMOVAL OF EXISTING
INVASIVE VINES, SHRUBS, ETC. WITHIN (IN FEET ) , i
ae THE NON-ENCROACHMENT AREA SHALL BE | inch = 20 feet |
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PROP. CANTILEVER FRAMED DECK
NO POSTS OR FOOTINGS:
PROPOSED 6' WIDE CLEARED WALKING PATH
TO WATER EDGE; CLEARING WITHIN REGULATED WETLANL ||
£ NOW-ENCROAGHMENT AREA TO BE LIMITED TO PATHW,
_-— WIDTH. PATHWAY TO BE tINER WITH LARGE FLAT STONE
EXISTING
WELL. O Gv FOR WALKING SURFACE TO PREVENT EROSION.
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~ ~[[pROP 1000 GAL PRE-CAS) COMPLETE ISNOF PERMIT CONBITIONS, WHICH SHALL BE A PART
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= INV 139.25 | 2.) REMOVAL OF DEBRIS "AND RUSTED AUTOMOBILE PARTS FROM
7 \__ [INV 139.00 OUT SS PROPERTY, INCLUDING WE WETLAND AREA # NON-ENCROACHMENT
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Mr FD GRADING ACTIVITIES. OWNER SHALL CONTACT AND SCHEDULE A
INV 139.75 AT FON\ N/E MEETING WITH THE TOWN WETLAND AGENT PRIOR TO COMMENCING
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yh (MAP 100 - LOT 571A)
Ist FLOOR ELEV. 151.50