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Home My WebLink About22SITE8 Heller response LWRD 110122From:Harry Heller To:Colleen Bezanson Subject:Re: FW: 22SITE8- 125 Depot Rd- Montville Gateway Shipping Terminal Date:Monday, October 31, 2022 8:12:03 PM Attachments:image003.png CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening Colleen and Eimy: I disagree with your interpretation of the application currently pending before the Montville Planning and Zoning Commission. Please review the CAM application which was filed withthe Phase I and Phase II site plan application. The CAM application, and the CAM review of that application, clearly indicated that the application was for the use of the property as ashipping and receiving port and terminal. See the following: IIA. The project consists of the redevelopment of the AES Thames properties between Depot Road and Dock Road in Uncasville. The properties are intended to be used for intermodalshipping and transport of road salt and other construction materials. IIC(2) The project is water dependent. The proposal will use the existing pier for receiving road salt deliveries by barge and shipping construction materials delivered by rail out bybarge, IIC(3) The project will use the existing pier on the property and encourage water dependent uses that will use the pier for shipping of bulk materials by barge.Attachment to Application At this time new rail spurs are proposed to accommodate the transfer of bulk construction materials which may include aggregates, rebar, or lumber fromrail to barge and from barge to rail. All proposed activities are within the limits of the former industrial facility. In fact, the CSP review conducted by DEEP acknowledges that the review is to evaluate a newwater-dependent use, the intermodal shipping and transport of road salt and construction materials. The site plan which is currently pending before the Montville Planning and ZoningCommission is an operational plan. It actually proposes less fill within the 100 year flood zone and the coastal management area THAN IS ALREADY PERMITTED, NOT MORE. Section 15.3.2(c) of the Montville Zoning Regulations exempts "construction of new ormodification of existing on premises fences, walls, pedestrian walks and terraces, underground utility connections, essential electric, gas, telephone, water and sewer service lines, signs andSUCH OTHER MINOR STRUCTURES AS WILL NOT SUBSTANTIALLY ALTER THE NATURAL CHARACTER OF COASTAL RESOURCES OR RESTRICT ACCESS ALONGTHE PUBLIC BEACH". The modification of the site plan to incorporate an access drive through a portion of the site to allow access to permitted materials which are either inbound or outbound at this intermodalfacility is entirely consistent with the approved site plan and the prior CAM review for this site. Note that the new portion of the access drive interconnects with the existing paved access drive along the waterfront. The Phase III operation application falls within the exemption contained in Section 15.3.2(c).No previously unanticipated uses are proposed. The reduction in the amount of fill has been formulated by the project engineer to protect rather than jeopardize coastal resources basedupon the geotechnical evaluation Nothing proposed will SUBSTANTIALLY ALTER Heller, Heller & McCoy 736 Norwich-New London Turnpike Uncasville, CT 06382 Telephone: (860) 848-1248 Facsimile: (860) 848-4003 On Mon, Oct 31, 2022 at 2:40 PM Colleen Bezanson <CBezanson@montville-ct.org> wrote: Attorney Heller: FYI- See below email Colleen Bezanson Assistant Planner Town of Montville Department of Land Use and Development 310 Norwich New London Tpke Uncasville, CT. 06382 (860) 848-6779 From: Quispe, Eimy [mailto:Eimy.Quispe@ct.gov] Sent: Monday, October 31, 2022 2:09 PMTo: Colleen Bezanson <CBezanson@montville-ct.org>Cc: Hart, Marybeth <Marybeth.Hart@ct.gov>Subject: RE: 22SITE8- 125 Depot Rd- Montville Gateway Shipping Terminal CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon Colleen, I took a look at the information you provided and referenced below and provide thefollowing information. It appears that the new site plan application for changes to phase IIand new phase III of the project were not part (or shown) of the previous CSPR application(which covered phase I & II) and would need a new CSPR. Moreover, the construction ofthe new 24’ wide circulation driveway does not appear to meet the exemptions for CSPRoutlined in the Town of Montville’s Zoning Regulations (page 96 and 97, 15.3.2). If theapplicant wishes to exempt this from CSPR they need to specify to the Town which sectionof the Zoning Regulations the application meets. I would note that not doing a CSPR whereone is required jeopardizes the proposal as a potential public nuisance under 22a-108. I hope this helps provide some clarity. Please feel free to reach out should you have anyquestions about what I noted here. Thank you. Eimy Quispe Eimy Quispe Environmental Analyst 1 Regulatory - East Land and Water Resource Division Bureau of Water Protection and Land Reuse Connecticut Department of Energy and Environmental Protection 79 Elm Street, Hartford, CT 06106-5127 P: 860.424.4182|F: 860.424.4075|E: Eimy.Quispe@ct.gov https://portal.ct.gov/deep Conserving, improving and protecting our natural resources and environment; Ensuring a clean, affordable, reliable, and sustainable energy supply. From: Colleen Bezanson <CBezanson@montville-ct.org> Sent: Thursday, October 27, 2022 2:51 PMTo: Quispe, Eimy <Eimy.Quispe@ct.gov>Subject: 22SITE8- 125 Depot Rd- Montville Gateway Shipping Terminal EXTERNAL EMAIL: This email originated from outside of the organization. Do not click any links or open anyattachments unless you trust the sender and know the content is safe. Good afternoon: Please find attached a site plan application ,cover letter, and plan change narrative for theproposed Montville Gateway Shipping Terminal on the property located at 125 Depot Rd. In his cover letter dated October 11, 2022, Attorney Harry Heller states, in number 9, that nonew reviews are required by your office. Can you please verify that no additional reviews are required. Additional information, including the plans, redlined changes plans and the presentationfigure can be found using the link below. https://www.townofmontville.org/form-repository/22-site-8-125-deport-rd-montville- gateway-shipping-terminal/ Colleen Bezanson Assistant Planner Town of Montville Department of Land Use and Development 310 Norwich New London Tpke Uncasville, CT. 06382 (860) 848-6779