The Inland Wetlands Commission (IWC) is pursuing enforcement for various violations of town wetlands regulations against a large plant nursery conducting business at four parcels comprising nearly 100 acres on Huntingtown Road and Meadowbrook Road.

IWC members on October 10 began a public hearing on a wide range of wetlands violations by Planters’ Choice Nursery. However, the legality of that hearing was cast in doubt when IWC members learned at the end of the meeting that applicant Planters’ Choice Nursery LLC/Newman Holdings LLC apparently had not mailed official notifications of that hearing to the 107 property owners who own land within 500 feet of Planters’ Choice’s properties located at 140, 153, and 155 Huntingtown Road, and at 23 Meadowbrook Road.

Due to the apparent mail notification problem, Planters’ Choice may need to withdraw its IWC application and then submit a new application and make mail notifications of a public hearing on the matter to the 107 property owners.

People interested in learning when the IWC will again consider the Planters’ Choice matter should contact the town Land Use Agency at 203-270-4276.

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.

An underlying concern stemming from the various wetlands violations involves whether the residue of pesticides used by the nursery to keep its planted stock healthy have contaminated any sources of potable water. Residents living in the area draw water from individual domestic water wells.

Also, apparent zoning violations on the properties may be subject to Planning & Zoning Commission (P&Z) review after the IWC concludes its review of wetlands violations.

About ten members of the public who live near Planters’ Choice properties attended the October 10 IWC session.

Steve Maguire, the town’s senior land use enforcement officer, said the Land Use Agency learned of the wetlands violations through complaints about various earthmoving activities made by people who live near the Planters’ Choice properties. The firm is a grower and wholesaler of nursery stock.

Cease And Correct

In two May 9 “cease and correct” orders, Mr Maguire officially informed the 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. Mr Maguire included a variety of photos to illustrate the violations.

The orders state that the violator must cease activities at the sites, except for measures intended to control erosion and sedimentation, which would prevent further damage to the wetlands.

Darryl Newman, representing his family’s nursery, told IWC members that the firm is seeking to “appropriately remediate problems.” Such efforts would include controlling stormwater flow to reduce soil erosion and thus put clean water back into the watershed, he said.

Mr Newman said the firm’s technical proposals in response to the wetlands violations would significantly improve surface water quality.

Mr Newman listed the creation of swales, the use of rip-rap, and improved land grading as ways to reduce the velocity, and thus the erosive effects, of flowing stormwater. Also, he described a ground cover planting plan for the land, which would be employed as a soil conservation measure.

IWC member Craig Ferris said there are “a number of places” on the nursery’s property where earthen fill apparently has been pushed into wetlands. Instead of first taking steps to create new wetlands, Mr Ferris urged that the nursery remove that fill from the wetlands.

Also, Mr Ferris told Mr Newman to provide the IWC with the scientific calculations indicating that the firm’s various corrective proposals conform with state Department of Energy and Environmental Protection’s (DEEP) environmental standards. He told Mr Newman to have flowing surface water at the nursery property chemically monitored for the possible presence of nitrates.

IWC Chairman Sharon Salling said the nursery must submit to the IWC the scientific data which was generated by experts that the nursery has hired to address correcting the wetlands violations.

Also, IWC member Michael McCabe told Mr Newman to provide suitable mapping that clearly shows the locations of wetlands on the property.

IWC member Suzanne Guidera said she wants to ensure that the nursery’s proposed measures to resolve the environmental problems actually do resolve those problems.

Mr Maguire asked about Planters’ Choice’s used of pesticides on its nursery stock, to which Mr Newman responded that the firm follows safety rules on pesticide usage. The nursery is willing to perform scientific testing regarding water quality, Mr Newman said.

Ms Salling asked about the firm’s schedule for water quality monitoring, to which Mr Newman responded the nursery would formulate a schedule for such testing.

Public Comment

Lisa Goosman of 15 Meadowbrook Road, whose property borders the 23 Meadowbrook Road nursery site, said that plant watering at the nursery occurred daily last summer. Ms Goosman asked whether wetlands at her property are receiving drainage runoff flowing from the nursery.

Mr Maguire said he would meet with Ms Goosman at her property to discuss her drainage concerns.

Norman Seferi of 20 Meadowbrook Road said he is concerned about the prospect of water runoff from the nursery’s property at 23 Meadowbrook Road adversely affecting his domestic water well’s water supply.

Ted Makuch of 222 Brushy Hill Road asked why the water supplies of domestic water wells near the nursery’s properties have not been tested for possible contamination.

Mr Maguire said he would discuss that matter with the town Health Department, which has jurisdiction over such wells.

Planters’ Choice LLC was founded in March 1970 by Chuck Newman.