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Plant Nursery’s Wetlands Violations Reviewed

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Inland Wetlands Commission (IWC) members are continuing their review of numerous wetlands violations that have been uncovered at the Planters’ Choice properties on Huntingtown Road and Meadowbrook Road. They are formulating a list of remedies for the firm to implement to correct the environmental problems.

On December 12, the IWC held a second public hearing on how best to correct the wetlands violations. About 20 people attended the session.

The wholesale plant nursery has proposed various measures to rectify the problems at 140, 153, and 155 Huntingtown Road and 23 Meadowbrook Road. Those parcels comprise nearly 100 acres owned by Newman Holdings LLC, where Planters’ Choice LLC grows a variety of plants for wholesale distribution.

“This is a big application... This is a big [wetlands protection] permit,” commented IWC Chairman Sharon Salling. The remedial work that needs to be done at the nursery must be monitored, she said.

Last May, in two “cease and correct” orders, the town informed the plant nursery that after an inspection, it was clear that unauthorized activities had occurred on the firm’s properties, including land clearing, earthen filling, grading, and the deposition of earthen material within regulated wetland areas. The town’s issuance of those orders followed complaints from nearby residents about activities at the Planters’ Choice properties.

At the December 12 IWC hearing, Darryl Newman, representing Planters’ Choice, aided by James McManus, a soil scientist with JMM Wetland Consulting Services LLC, discussed the nursery’s various proposals to correct the environmental violations.

Mr Newman submitted a letter to the IWC explaining methods the firm would use to perform water quality sampling at its Huntingtown Road properties. Such testing would provide information on the chemical composition of flowing stormwater as it enters the nursery property and also as it leaves the property to detect any differences in quality. Mr McManus said the nursery especially wants to know the chemical composition of stormwater as it flows off the property before it enters the Pootatuck River.

“We’re going to sample [water quality at the nursery] twice a year for a number of years,” Mr McManus said.

Lisa Goosman of 15 Meadowbrook Road asked whether water quality testing would be conducted at the nursery’s property on Meadowbrook Road. Mr Newman responded that the nursery also would do water quality testing there.

Brian Fishman of 224 Brushy Hill Road posed a variety of questions to the IWC about the environmental problems at Planters’ Choice.

Mr Fishman asked whether the nursery was aware that there had been wetlands violations at its property before the nursery was formally notified of the violations by the town.

Ms Salling responded that the question is “not relevant” in terms of the IWC’s current review of wetlands problems.

Also, Mr Fishman asked Ms Salling what was the last time that town officials had visited the nursery before their visit last spring, which resulted issuance of the two “cease and correct” orders.

Steve Maguire, the town’s senior land use enforcement officer, responded that the preceding visit had been “a couple of years ago.” IWC enforcement actions such as the one now underway with Planters’ Choice often stem from the town receiving complaints about a property, he said.

Mr Fishman asked, as well, whether the US Army of Corps of Engineers is involved in enforcement of the nursery’s wetlands violations. Mr Maguire said the corps is aware of the situation, but it is unclear whether the corps will become involved in enforcement.

Additionally, Mr Fishman asked Ms Salling how long wetlands violations have been occurring at the nursery. Ms Salling suggested that Mr Fishman talk to town staff members privately about the matter.

Water Wells

Coupled with recent concerns about the wetlands violations are nearby property owners’ concerns about whether their domestic well water supplies have been contaminated by stormwater runoff containing residual amounts of the pesticides and fertilizers used by the nursery.

To address those concerns, the town Land Use Agency has had the town Health District serve as an intermediary between those concerned neighbors and the state Department of Public Health for water quality testing.

Last week, Town Health Director Donna Culbert said that the water quality test results were good from the first well tested, which is at a Huntingtown Road property. Similar tests are planned for water from another well on Huntingtown Road. Water from a third well on Brushy Hill Road also may be tested, she said.

At the December 12 IWC hearing, James Demont of 22 Meadowbrook Road said that people living along that street near the nursery have domestic water wells whose water they drink. Those people are concerned about their wells’ water quality, he said.

Mr Maguire said he would make the town Health District aware of those concerns.

IWC member Suzanne Guidera said that the IWC needs assurances that the measures that Planters’ Choice proposes to rectify the wetlands violations will actually take place.

Mr Maguire said there are ways to monitor corrective actions being taken.

The plans that have been formulated by the nursery’s several consultants meet the state Department of Energy and Environmental Protection (DEEP) environmental criteria for such work, Mr Newman said. “It will be carefully monitored,” he added.

Mr Maguire suggested that the lands of property owners who have holdings adjacent to the nursery, which have been adversely affected by the nursery’s wetlands violations, become the subject of separate corrective wetlands applications to the IWC. Such separate applications would seek to remedy environmental problems on those properties caused by the nursery’s past actions.

However, Greg Ladestro, the owner of 159 Huntingtown Road, which is adjacent to the nursery, said he would prefer that the environmental issues both at the nursery and at adjacent properties be addressed in the same wetlands application.

Noting the large scale of the wetlands violations at the nursery, Ms Salling said, “I am eager for these violations to be corrected.”

The nursery would correct the violations as soon as possible, Mr Newman responded.

IWC members then closed the public hearing.

Ms Salling suggested that the IWC then act on Planters’s Choice application.

Mr Maguire, however, asked that IWC action be delayed until a detailed motion listing all the corrective actions required by Planters’ Choice be formulated.

IWC members are expected to act on the matter when they next meet on January 9.

According to information listed in the town’s Geographic Information System (GIS), 23 Meadowbrook Road lies within the town’s Aquifer Protection Area. Also, 140 and 153 Huntingtown Road are in the town’s Aquifer Recharge Area. The property at 155 Huntingtown Road is partially within the town’s Aquifer Recharge Area. Those areas are considered environmentally sensitive due to their proximity to the underlying Pootatuck Aquifer, the town’s sole source aquifer, which is the source of two public water supplies and widespread individual domestic water wells.

Asked to comment on the IWC’s review of the wetlands violations, Mr Newman has said, in part, “We will address any needs that the town should have on this matter, which I feel is well-reflected by our contracting a highly professional and credentialed surveyor, soil scientist, landscape architect, and civil engineer to ensure that all plans address any stormwater and remediation needs.”

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