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Home My WebLink About515 Fitch Hill staff report 6-18-09 Sherwood & Marilyn Briggs 515 Fitch Hill Road Cease and Desist Order Meeting Date: June 18, 2009 Date received by Commission 5-18-09 Terminal Date: H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\FitchHillRd 515-M47L8-Briggs\515 Fitch Hill staff report 6-18-09 .docx Assessor Map Wetlands Map H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\FitchHillRd 515-M47L8-Briggs\515 Fitch Hill staff report 6-18-09 .docx H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\FitchHillRd 515-M47L8-Briggs\515 Fitch Hill staff report 6-18-09 .docx Cease and Desist Order - Stockpiling of material in wetland area, crossing of wetland area Background Information June - Staff received a letter indicating that there was work being conducted within the wetland without a permit - Staff sent Notice of Inquiry o Mrs. Briggs called and set up appointment to show the activities on the property o She indicated that they did not know they could not stockpile the material at this location - Staff made an inspection on 5/21/09 – See attached inspection report - Staff took pictures of the area o The Briggs have begun construction of a deck, outside of the regulated area, and the excess material had been placed within the regulated area o Some of the material had been placed in a stockpile, while some of the larger rocks taken from the excavation were placed on top of an existing stone wall o Debris piles were also noticed o After discussion with Mrs. Briggs, she also noted that since they were the owners of the property they have been crossing the brook with a small garden tractor and piling material on the opposite side of the brook - Cease and Desist Letter was issued - At this time no application has been filed for TOWN OF MONTVILLE INLAND WETLANDS COMMISSION 310 NORWICH NEW LONDON TURNPIKE UNCASVILLE, CONNECTICUT 06382 PHONE (860) 848-8549 ext 379 - FAX (860) 848-2354 Email planningdept@montville-ct.org May 19, 2009 Sherwood & Marilyn Briggs 515 Fitch Hill Road Uncasville, Ct. 06382 Dear Mr. & Mrs. Briggs: It has come to my attention that there is a possible Inland Wetlands Violation occurring on your property located at 515 Fitch Hill Road, Uncasville, Ct. (Assessor’s Map 47 Lot 8). Any activity within 50 feet of a wetland and/or watercourse requires a permit from the Inland Wetlands Commission. The violation in question is the removal of material from a regulated area. Please contact the office upon receipt of this letter to discuss the above mentioned matter. Thank you for your assistance in this matter. Sincerely, Colleen Bezanson Planner II/ Wetlands Agent Certified: 7007 0220 0004 4278 4661 Town of Montville Planning Department Inspection Report Date: 5/21/09 Location: 515 Fitch Hill Road Purpose of Inspection: Complaint Inspected By Inland Wetlands Officer Staff received a letter into the office regarding activity within a wetland area at 515 Fitch Hill Road. A notice of Inquiry was sent to the property owner. Upon receipt Mr. Briggs called the office to discuss the matter with Staff. She indicated that they were constructing a new deck off the back of their house. She did not believe that they were in a wetland area, however when they dug one of the footings they hit some ground water. Staff went out to look at the possible violation. The deck was outside the review area, however the material that was removed while constructing the deck had been place in the wetland. A stockpile had been created using a small tractor about 25 ft from the brooks edge and within a wetland area. In addition there is a small stockpile of debris within the same area. Rocks removed from the excavated area were placed on the existing stone wall. Mrs. Briggs also indicated that over the years they have been crossing the brook with the tractor and depositing brush on the opposite side of the brook. This area is also part of the wetland system that runs along the rear portion of the property. Staff indicated to Mrs. Briggs that all activity must Cease in the area and that she would be receiving a Cease and Desist Order. H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\FitchHillRd 515-M47L8-Briggs\FitchHillRd 515-M47L8- Briggs-CD 6-8-09.doc Town of Montville Inland Wetlands Commission 310 Norwich New London Tpke Uncasville, Ct 06382 Phone (860) 848-8549 ext 379 Fax (860) 848-2354 June 8, 2009 Sherwood & Marilyn Briggs 515 Fitch Hill Road Uncasville, Ct. 06382 Dear Mr. & Mrs. Briggs: During an inspection of your property located at 515 Fitch Hill Road, Uncasville, Ct. (Assessor’s Map 47 Lot 8), it was observed that there has been recent activity adjacent to the brook that runs along the back portion of your property. Any activity within 50 ft of a wetland and/or watercourse requires a permit from the Inland Wetlands Commission. At this time you are being issued a Cease and Desist Order for the activity taking place on the above referenced property. You are so ordered based on the following facts: 1) The Town of Montville Inland Wetlands Commission has the authority and responsibility to regulate inland wetlands and watercourses within the Town of Montville under section 22a-36 through 22a-45 of the Connecticut General Statutes and the Inland Wetlands and Watercourses Regulations of the Town of Montville. 2) It has been determined that you or your agents have been conducting regulated activities without a permit including but not limited to: stockpiling of material within a wetland area 3) These activities have occurred without the required permit (Section 22a-42a, Connecticut General Statutes and Sections 6.1, 6.1.1, and 6.2 of the Town of Montville Inland Wetlands and Watercourses Regulations) and constitute a violation of the law, contrary to the public policy set forth on Section 22a-36, Connecticut General Statutes. This order is issued in accordance with Section 22a-44 of the Connecticut General Statutes and Section 13.3 of the Town of Montville Inland Wetlands and Watercourses Regulations. Failure to comply with the provisions of this order will subject you to the penalties provided in Section 22a-44 of the Connecticut General Statutes. At this time Erosion and Sediment control measures shall be placed at the limits of the 50 ft upland review area to avoid any sedimentation into the brook. This matter will be brought up at the June 18, 2009 meeting of the Inland Wetlands Commission at 7:00 pm in the Town Hall Council Chambers, Montville Town Hall 310 Norwich New London Tpke Uncasville, Ct. If you have any questions, please feel free to contact me at (860) 848-8549 Ext 379. Sincerely, Colleen Bezanson Planner II / Wetlands Agent