In light of the US Army Corps of Engineers’ (USACE) recent review of the wetlands/watercourses remediation plans, which were formulated by the town Inland Wetlands Commission (IWC) to correct a range of wetlands violations at the Planters’ Choice plant nursery at Huntingtown Road, that property’s owner wants the IWC to modify its remediation plans to bring them into conformance with USACE’s recommnedations.

The IWC has scheduled a public meeting for 3 pm on Monday, November 25, at the town Health Department conference room in Newtown Municipal Center simply to decide whether the Planters’ Choice request for a modified wetlands protection permit should be the subject of an upcoming IWC public hearing or alternately simply taken up as a matter for commission members’ review and action at an upcoming IWC meeting. The Planter’s Choice matter likely would be addressed by the IWC in December.

At public hearings, the public is allowed to comment and ask questions on the matter being discussed by commission members. People who own real estate that lies near the property that is the subject of a public hearing are formally notified of such a public hearing by mail.

In May 2018, in two “cease and correct” orders, the town informed the nursery that after town inspections, 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. Generally, the wetlands violations at the nursery’s properties resulted from uncontrolled erosion and sedimentation that had occurred over a number of years.

The town’s issuance of those two orders followed complaints from nearby residents about activities at the Planters’ Choice properties. Those residents’ concerns included whether the wetlands violations at the nursery had resulted in any contamination of adjacent domestic water wells.

In the fall of 2018, the IWC held public hearings on a range of wetlands violations that had been uncovered at Planters’ Choice. Newman Holdings LLC owns the Planters’ Choice growing areas.

As a result of those hearings, in January 2019, following lengthy review, IWC members approved a wetlands/watercourses protection permit for Planters’ Choice LLC. IWC members unanimously approved the permit for the wholesale plant nursery for its approximately 100 acres of growing areas at 140, 153, and 155 Huntingtown Road, and 23 Meadowbrook Road.

Permit Modifications

Steve Maguire, the town’s senior land use enforcement officer, said November 19 that USACE conducted a field inspection of the Planters’ Choice properties in August to check on what measures needed to be taken to correct the wetlands violations there.

Instead of employing a culvert to direct water flow in a wetland area, the USACE wants a small bridge to be positioned in that area, Mr Maguire said. Also, instead of placing a stormwater quality treatment basin in a wetland area, the USACE wants such a basin to be created in an upland area, he said. Also, USACE wants Planters’ Choice to create a ‘manufactured’ wetland to compensate for the loss of wetlands at the property due to some wetlands having been filled in with earthen materials some years ago.

As part of the IWC’s permit requirements, the nursery must perform stormwater quality sampling at its property in the spring and fall of each year to check for possible contamination. Such water testing looks for the presence of fertilizers, pesticides, certain bacteria, ammonia, chloride, and also checks for conditions such as turbidity and dissolved oxygen levels, among other characteristics. Three testing locations are specified. Testing must be performed by an environmental professional and be submitted to the town Land Use Agency.

Mr Maguire said that, so far, Planters’ Choice has performed the basic soil stabilization work that is required as a preliminary measure for the various wetlands improvements specified by the IWC’s wetlands/watercourses protection permit. Realizing that USACE would be reviewing the property as well, the plant nursery held off on making further improvements until all required corrective measures became clear, he said.