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HomeMy WebLinkAbout22 IWC 22 Staff Report 2 110222H:\IWC\Applications\2022\22 IWC 22 1402 Old Colchester Rd 043-029-000 Timber Harvest\Staff\22 IWC 22 Staff Report 2 110222.docx STAFF REPORT APPLICATION# 22 IWC 22 REGULAR MEETING – THURSDAY, NOVEMBER 17, 2022 Prepared by Meredith Badalucca, Zoning & Wetlands Officer Applicant: Jeremy Smith, Smith Logging Property Owner: Jason Gallup Address: 1402 Old Colchester Rd (M/B/L 043-029-000), Oakdale, CT Submitted: September 22, 2022 Received by IWC: October 20, 2022 (Decision Required Date – December 24, 2022) Applicant Request: As of Right Determination for Timber Harvest Activity Description: Wetland Disturbance Area Not stated by applicant Watercourse/Waterbody Disturbance Area 30 feet Upland Review Disturbance Area Not stated by applicant STAFF COMMENTS: In review of October 20, 2022 meeting: - Application is for an As of Right Determination for a Timber Harvest in accordance with Montville Inland Wetlands and Watercourses Regulations Section 4.1.a and C.G.S. Section 22a- 40. - Under the Inland Wetlands and Watercourses Act C.G.S. Section 22a-40 and Montville Inland Wetlands and Watercourses Regulations (“Regulations”) Section 4.1.a, farming is as “Permitted operation and use”. Forestry is defined as farming or agriculture under C.G.S. 1-1q. - The property is located in the WRP160 zone on about 31.56 acres, contains regulated wetlands & watercourses and is developed with an existing single-family residence. - The Applicant states the operation is “to open overgrown canopy to allow for sunlight to reach forest floor and allow new regeneration. Seed trees will be left as well as, natural stump re seed. Goal: oak regeneration.” - The applicant has not stated how the property will be accessed, however, the single family residence is accessed via a shared driveway from Old Colchester Road. - There will be three wetland crossings where firewood corduroy will be used as crossing protection. - The amount of forest products to be harvested is approximately 27.56 acres total for 70,000 board feet and 40 cords and trees to be harvested have not been marked. - The Notification of Timber Harvest stated an estimated starting date for the harvesting operation as July 1, 2022. New Comments: - The applicant stated at the October 20, 2022 meeting that certified letters were mailed to the neighbors of the intent of the project. H:\IWC\Applications\2022\22 IWC 22 1402 Old Colchester Rd 043-029-000 Timber Harvest\Staff\22 IWC 22 Staff Report 2 110222.docx - The property will be accessed via a shared driveway. - Estimated start date for the harvesting operation is January 2023. - Site walk was held on November 5, 2022. The Commission will need to make a finding as to whether or not the proposed activities are “As of Right” activity and, therefore, do not require a permit. There is no proposed relocation of watercourses with continual flow or filling or reclamation of wetlands or watercourses with continual flow associated with the proposed timber harvest and, therefore, staff recommends approval of the proposal as an “As of Right” activity. CONSIDERATIONS FOR ACTION: If the Commission is inclined to approve this application, the following language for a motion of approval is suggested: M O T I O N # 1 (A Motion to Approve) After giving due consideration to all relevant factors, including those in Section 4 of the Montville Inland Wetland Regulations and Section 22a-40 of the Connecticut General Statutes, I move that Application# 22 IWC 22, submitted by Jeremy Smith of Smith Logging on behalf of property owner, Jason Gallup for a Timber Harvest and more fully described in the Notification of Timber Harvest, dated 6/15/2022, received 9/22/2022 with associated Timber Harvest Map is a Permitted Use As of Right and, therefore, no permit is required.