connecticut department of energy and environmental

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*Connecticut’s Uniform Administrative Procedure Act defines License to include, “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law . . .79 Elm Street • Hartford, CT 06106-5127 portal.ct.gov/DEEP Affirmative Action/Equal Opportunity Employer Bureau of Water Protection and Land Reuse Land & Water Resources Division Connecticut Department of Energy and Environmental Protection License* Section 401 Water Quality Certification Licensee(s): Brooks Crossing Developers, LLC Licensee Address(s): 162 Dockerel Road Tolland CT 06084 License Number(s): 202005784-WQC Municipality: Ellington Project Description: Development of residential subdivision with one perennial and two intermittent watercourse crossings Project Address/Location: Brooks Crossing Waters: Muddy Brook, two intermittent unnamed watercourses, and unnamed wetlands Authorizing CT Statute(s) and/or Federal Law: Section 401 CWA (33 USC 1341) Applicable Regulations of CT State Agencies: 22a-426-1 to 9 Agency Contact: Land & Water Resources Division, Bureau of Water Protection & Land Reuse, 860-424-3019 License Expiration: Upon expiration of the U.S. Army Corps of Engineers Section 404 permit for the same activity. Project Site Plan Set: ACOE Wetland Impact Plan Prepared for Highfield Estates Phase IV Birch View Drive Ellington, CT, 11 sheets, prepared by F.A. Hesketh & Associates, Inc., sheets AC-1 through AC-9 dated July 10, 2013 and sheets EC-1 and EC-2 dated August 20, 2020, sheets AC-1, AC-2, AC-3, AC-4, AC-5, AC-6, AC-8, AC-9, EC-1, and EC-2 revised April 28, 2021 and sheet AC-7 revised February 28, 2021. License Enclosures: LWRD Compliance Certification Form; LWRD General Conditions; Site Plan Set; LWRD Work Commencement Form

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Page 1: Connecticut Department of Energy and Environmental

*Connecticut’s Uniform Administrative Procedure Act defines License to include, “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law . . .”

79 Elm Street • Hartford, CT 06106-5127 portal.ct.gov/DEEP Affirmative Action/Equal Opportunity Employer

Bureau of Water Protection and Land Reuse Land & Water Resources Division

Connecticut Department of Energy and Environmental Protection License*

Section 401 Water Quality Certification

Licensee(s): Brooks Crossing Developers, LLC

Licensee Address(s): 162 Dockerel Road Tolland CT 06084

License Number(s):

202005784-WQC

Municipality: Ellington

Project Description: Development of residential subdivision with one perennial and two intermittent watercourse crossings

Project Address/Location: Brooks Crossing

Waters: Muddy Brook, two intermittent unnamed watercourses, and unnamed wetlands

Authorizing CT Statute(s) and/or Federal Law:

Section 401 CWA (33 USC 1341)

Applicable Regulations of CT State Agencies:

22a-426-1 to 9

Agency Contact: Land & Water Resources Division, Bureau of Water Protection & Land Reuse, 860-424-3019

License Expiration:

Upon expiration of the U.S. Army Corps of Engineers Section 404 permit for the same activity.

Project Site Plan Set: ACOE Wetland Impact Plan Prepared for Highfield Estates Phase IV Birch View Drive Ellington, CT, 11 sheets, prepared by F.A. Hesketh & Associates, Inc., sheets AC-1 through AC-9 dated July 10, 2013 and sheets EC-1 and EC-2 dated August 20, 2020, sheets AC-1, AC-2, AC-3, AC-4, AC-5, AC-6, AC-8, AC-9, EC-1, and EC-2 revised April 28, 2021 and sheet AC-7 revised February 28, 2021.

License Enclosures:

LWRD Compliance Certification Form; LWRD General Conditions; Site Plan Set; LWRD Work Commencement Form

Page 2: Connecticut Department of Energy and Environmental

License Number(s): 202005784-WQC Page 2 of 3 37T37T PP

Authorized Activities:

The Licensee is hereby authorized to conduct the following work as described in application # 202005784 and as depicted on any site plan sheets / sets cited herein: Permanently impact 3,535 square feet (sf) and 36,591 sf of watercourse and wetland respectively due to the unauthorized installation of a road for the proposed residential development and subsequent restoration and improvements which include:

1. Removing existing unauthorized twin 125’ long 48” RCPs from Muddy Brook and installing a 50’ long 8’ by 5’ box culvert with a 2’ wide low-flow channel and a minimum of 1’ of natural streambed material;

2. Installing three channel boulders in the streambed of Muddy Brook upstream of the box culvert;

3. Installing two riffles in the streambed of Muddy Brook upstream and downstream of the box culvert;

4. Installing a 24” temporary bypass culvert and temporary sandbag cofferdams during construction;

5. Removing 30’ of existing unauthorized 97’ long 48” RCP from an unnamed intermittent watercourse and wetland area and retaining the remaining 67’ long 48” RCP;

6. Retaining an existing unauthorized 144’ long 36” RCP from an unnamed intermittent watercourse and wetland; and

7. Removing existing unauthorized rip rap at the inlet and outlet of the 144’ long 36’ RCP and installing native streambed material.

Failure to comply with the terms and conditions of this license shall subject the Licensee and / or the Licensee’s contractor(s) to enforcement actions and penalties as provided by law.

This license is subject to the following Terms and Conditions: 1. License Enclosure(s) and Conditions. The Licensee shall comply with all applicable

terms and conditions as may be stipulated within the License Enclosure(s) listed above. 2. Protection of Eastern Box Turtle. In order to mitigate adverse effects on state-listed

Eastern box turtle (Terrapene carolina carolina) the Licensee shall comply with the turtle protection measures outlined in the 202001418 NDDB Determination Letter, by Shannon Kearney and dated February 28, 2020, attached herein on sheet AC-5 of the site plan set.

3. Wetland and Watercourse Mitigation. The Licensee shall comply with the wetland and watercourse mitigation measures and monitoring plan, attached herein on sheets AC-3, AC-7, AC-8 and EC-2 of the site plan set.

Issued under the authority of the Commissioner of Energy and Environmental Protection on:

________________ ________________________ Date Betsey Wingfield

Deputy Commissioner Environmental Quality Branch

Page 3: Connecticut Department of Energy and Environmental

License Number(s): 202005784-WQC Page 3 of 3 37T37T PP

Page 4: Connecticut Department of Energy and Environmental

Land & Water Resource Division Compliance Certification Form Page 1 of 1 Rev. 08/02/2017

Compliance Certification Form

The following certification must be signed by the licensee working in consultation with a Connecticut-licensed design professional and must be submitted to the address indicated at the end of this form within ninety (90) days of completion of the authorized work.

1. Licensee Name: _____________________________________________

DEEP License Number(s):_____________________________________________

Municipality in which project is occurring:_____________________________________________

2. Check one:

(a) “I certify that the final site conditions and / or structures are in general conformance with the approvedsite plans”. Identify and describe any deviations and attach to this form.

(b) “The final site conditions and / or structures are not in general conformance with the approved siteplans. The enclosed “as-built” plans note the modifications”.

3. “I understand that any false statement in this certification is punishable as a criminal offence under section 53a-157b of the General Statutes and under any other applicable law.”

Signature of Licensee

Name of Licensee (print or type)

Signature of CT-Licensed Design Professional

Name of CT-Licensed Design Professional (print or type)

Professional License Number (if applicable)

Date

Date

Affix Stamp Here

• As-built plans shall include: elevations or tidal datums, as applicable, and structures, including any proposedelevation views and cross sections included in the approved license plans. Such as-built plans shall be the originalones and be signed and sealed by an engineer, surveyor or architect, as applicable, who is licensed in the State ofConnecticut.

• The Licensee will be notified by staff of the Land and Water Resources Division (LWRD) if further compliance reviewis necessary. Lack of response by LWRD staff does not imply compliance.

Submit this completed form to : Regulatory Section Department of Energy and Environmental Protection Land & Water Resources Division 79 Elm Street Hartford, CT 06106-5127

79 Elm Street • Hartford, CT 06106-5127 portal.ct.gov/DEEP Affirmative Action/Equal Opportunity Employer

Page 5: Connecticut Department of Energy and Environmental

Revised: October, 2017

79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

Bureau of Water Protection and Land Reuse Land & Water Resources Division

LWRD General Conditions

1. Land Record Filing (for Structures Dredging & Fill, Tidal Wetlands, Certificate of Permission, and Long Island Sound General Permit Licenses only). The Licensee shall file the Land Record Filing on the land records of the municipality in which the subject property is located not later than thirty (30) days after license issuance pursuant to Connecticut General Statutes (CGS) Section 22a-363g. A copy of the Notice with a stamp or other such proof of filing with the municipality shall be submitted to the Commissioner no later than sixty (60) days after license issuance. If a Land Record Filing form is not enclosed and the work site is not associated with an upland property, no filing is required.

2. Contractor Notification. The Licensee shall give a copy of the license and its attachments to the contractor(s) who will be carrying out the authorized activities prior to the start of construction and shall receive a written receipt for such copy, signed and dated by such contractor(s). The Licensee’s contractor(s) shall conduct all operations at the site in full compliance with the license and, to the extent provided by law, may be held liable for any violation of the terms and conditions of the license. At the work site, the contractor(s) shall, whenever work is being performed, have on site and make available for inspection a copy of the license and the authorized plans.

3. Work Commencement1. Not later than two (2) weeks prior to the commencement of any work authorized herein, the Licensee shall submit to the Commissioner, on the Work Commencement Form attached hereto, the name(s) and address(es) of all contractor(s) employed to conduct such work and the expected date for commencement and completion of such work, if any.

• For water diversion activities authorized pursuant to 22a-377(c)-1 of the Regulations of Connecticut State Agencies, the Licensee shall also notify the Commissioner in writing two weeks prior to initiating the authorized diversion.

• For emergency activities authorized pursuant Connecticut General Statutes Section 22a-6k, the Licensee shall notify the Commissioner, in writing, of activity commencement at least one (1) day prior to construction and of activity completion no later than five (5) days after conclusion.

4. For Coastal Licenses Only - License Notice. The Licensee shall post the first page of the License in a conspicuous place at the work area while the work authorized therein is undertaken.

5. Unauthorized Activities. Except as specifically authorized, no equipment or material, including but not limited to, fill, construction materials, excavated material or debris, shall be

1 The Work Commencement condition and the need for a Work Commencement Form is not applicable to Flood Management Certification approvals.

Page 6: Connecticut Department of Energy and Environmental

General Conditions for LWRD Licenses Page 2 of 6

deposited, placed or stored in any wetland or watercourse on or off-site. The Licensee may not conduct work within wetlands or watercourses other than as specifically authorized, unless otherwise authorized in writing by the Commissioner. Tidal wetlands means “wetland” as defined by section 22a-29 and “freshwater wetlands and watercourses” means “wetlands” and “watercourses” as defined by section 22a-38.

6. Unconfined Instream Work. Unless otherwise noted in a condition of the license, the following conditions apply to projects in non-coastal waters:

• Unconfined instream work is limited to the period June 1 through September 30.

• Confinement of a work area by cofferdam techniques using sand bag placement, sheet pile installation (vibratory method only), portadam, or similar confinement devices is allowed any time of the year. The removal of such confinement devices is allowed any time of the year.

• Once a work area has been confined, in-water work within the confined area is allowed any time of the year.

• The confinement technique used shall completely isolate and protect the confined area from all flowing water. The use of silt boom/curtain or similar technique as a means for confinement is prohibited.

7. For State Actions Only - Material or Equipment Storage in the Floodplain. Unless approved by a Flood Management Exemption, the storage of any materials at the site which are buoyant, hazardous, flammable, explosive, soluble, expansive, radioactive, or which could in the event of a flood be injurious to human, animal or plant life, below the elevation of the five-hundred (500) year flood is prohibited. Any other material or equipment stored at the site below said elevation by the Licensee or the Licensee's contractor must be firmly anchored, restrained or enclosed to prevent flotation. The quantity of fuel stored below such elevation for equipment used at the site shall not exceed the quantity of fuel that is expected to be used by such equipment in one day. In accordance with the licensee’s Flood Contingency Plan, the Licensee shall remove equipment and materials from the floodplain during periods when flood warnings have been issued or are anticipated by a responsible federal, state or local agency. It shall be the Licensee’s responsibility to obtain such warnings when flooding is anticipated.

8. Temporary Hydraulic Facilities for Water Handling. If not reviewed and approved as a part of the license application, temporary hydraulic facilities shall be designed by a qualified professional and in accordance with the Connecticut Guidelines for Soil Erosion and Sediment Control, the 2004 Connecticut Stormwater Quality Manual, or the Department of Transportation’s ConnDOT Drainage Manual, as applicable. Temporary hydraulic facilities may include channels, culverts or bridges which are required for haul roads, channel relocations, culvert installations, bridge construction, temporary roads, or detours.

9. Excavated Materials. Unless otherwise authorized, all excavated material shall be staged and managed in a manner which prevents additional impacts to wetlands and watercourses.

10. Best Management Practices. The Licensee shall not cause or allow pollution of any wetlands or watercourses, including pollution resulting from sedimentation and erosion. In constructing

Page 7: Connecticut Department of Energy and Environmental

General Conditions for LWRD Licenses Page 3 of 6

or maintaining any authorized structure or facility or conducting any authorized activity, or in removing any such structure or facility, the Licensee shall employ best management practices to control storm water discharges, to prevent erosion and sedimentation, and to otherwise prevent pollution of wetlands and other waters of the State. For purposes of the license, “pollution” means “pollution” as that term is defined by CGS section 22a-423. Best Management Practices include, but are not limited, to practices identified in the Connecticut Guidelines for Soil Erosion and Sediment Control as revised, 2004 Connecticut Stormwater Quality Manual, Department of Transportation’s ConnDOT Drainage Manual as revised, and the Department of Transportation Standard Specifications as revised.

11. Work Site Restoration. Upon completion of any authorized work, the Licensee shall restore all areas impacted by construction, or used as a staging area or accessway in connection with such work, to their condition prior to the commencement of such work.

12. Inspection. The Licensee shall allow any representative of the Commissioner to inspect the project location at reasonable times to ensure that work is being or has been conducted in accordance with the terms and conditions of this license.

13. Change of Use. (Applies only if a use is specified within the License “Project Description”) a. The work specified in the license is authorized solely for the purpose set forth in the

license. No change in purpose or use of the authorized work or facilities as set forth in the license may occur without the prior written approval of the Commissioner. The Licensee shall, prior to undertaking or allowing any change in use or purpose from that which is authorized by this license, request permission from the Commissioner for such change. Said request shall be in writing and shall describe the proposed change and the reason for the change.

b. A change in the form of ownership of any structure authorized herein from a rental/lease commercial marina to a wholly-owned common interest community or dockominium may constitute a change in purpose as specified in paragraph (a) above.

14. De Minimis Alteration. The Licensee shall not deviate from the authorized activity without prior written approval from the Commissioner. The Licensee may request a de minimis change to any authorized structure, facility, or activity. A de minimis alteration means a change in the authorized design, construction or operation that individually and cumulatively has minimal additional environmental impact and does not substantively alter the project as authorized.

• For diversion activities authorized pursuant to 22a-377(c)-2 of the Regulations of Connecticut State Agencies, a de minimis alteration means an alteration which does not significantly increase the quantity of water diverted or significantly change the capacity to divert water.

15. Extension Request. The Licensee may request an extension of the license expiration date. Such request shall be in writing and shall be submitted to the Commissioner at least thirty (30) days prior to the license expiration. Such request shall describe the work done to date, what work still needs to be completed, and the reason for such extension. It shall be the Commissioner’s sole discretion to grant or deny such request.

Page 8: Connecticut Department of Energy and Environmental

General Conditions for LWRD Licenses Page 4 of 6

16. Compliance Certification. Not later than 90 days after completion of the authorized work, the Licensee shall prepare and submit to the Commissioner the attached Compliance Certification Form. Such Compliance Certification shall be completed, signed, and sealed by the Licensee and a Connecticut Licensed Design Professional. If non-compliance is indicated on the form, or the Commissioner has reason to believe the activities and/or structures were conducted in non-compliance with the license, the Commissioner may require the Licensee to submit as-built plans as a condition of this license.

17. Maintenance. The Licensee shall maintain all authorized structures or work in optimal condition or shall remove such structures or facility and restore the affected waters to their pre-work condition. Any such maintenance or removal activity shall be conducted in accordance with applicable law and any additional approvals required by law.

18. No Work After License Expiration. Work conducted after the license expiration date is a violation of the license and may subject the licensee to enforcement action, including penalties, as provided by law.

19. License Transfer. The license is not transferable without prior written authorization of the Commissioner. A request to transfer a license shall be submitted in writing and shall describe the proposed transfer and the reason for such transfer. The Licensee’s obligations under the license shall not be affected by the passage of title to the license site to any other person or municipality until such time as a transfer is approved by the Commissioner.

20. Document Submission. Any document required to be submitted to the Commissioner under the license or any contact required to be made with the Commissioner shall, unless otherwise specified in writing by the Commissioner, be directed to:

Regulatory Section Land & Water Resources Division Department of Energy and Environmental Protection 79 Elm Street Hartford, Connecticut 06106-5127 860-424-3019

21. Date of Document Submission. The date of submission to the Commissioner of any document required by the license shall be the date such document is received by the Commissioner. The date of any notice by the Commissioner under the license, including but not limited to notice of approval or disapproval of any document or other action, shall be the date such notice is personally delivered or the date three (3) days after it is mailed by the Commissioner, whichever is earlier. Except as otherwise specified in the license, the word “day” as used in the license means calendar day. Any document or action which is required by the license to be submitted or performed by a date which falls on a Saturday, Sunday or a Connecticut or federal holiday shall be submitted or performed on or before the next day which is not a Saturday, Sunday, or a Connecticut or federal holiday.

22. Certification of Documents. Any document, including but not limited to any notice, which is required to be submitted to the Commissioner under the license shall be signed by the Licensee and by the individual or individuals responsible for actually preparing such

Page 9: Connecticut Department of Energy and Environmental

General Conditions for LWRD Licenses Page 5 of 6

document, each of whom shall certify in writing as follows: “I have personally examined and am familiar with the information submitted in this document and all attachments and certify that based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief, and I understand that any false statement made in this document or its attachments may be punishable as a criminal offense.”

23. Accuracy of Documentation. In evaluating the application for the license, the Commissioner has relied on information and data provided by the Licensee and on the Licensee’s representations concerning site conditions, design specifications and the proposed work, including but not limited to representations concerning the commercial, public or private nature of the work or structures, the water-dependency of said work or structures, its availability for access by the general public, and the ownership of regulated structures or filled areas. If such information proves to be false, deceptive, incomplete or inaccurate, the license may be modified, suspended or revoked, and any unauthorized activities may be subject to enforcement action.

24. Limits of Liability. In granting the license, the Commissioner has relied on all representations of the Licensee, including information and data provided in support of the Licensee’s application. Neither the Licensee’s representations nor the issuance of the license shall constitute an assurance by the Commissioner as to the structural integrity, the engineering feasibility or the efficacy of such design.

25. Reporting of Violations. In the event that the Licensee becomes aware that they did not or may not comply, or did not or may not comply on time, with any provision of this license or of any document incorporated into the license, the Licensee shall immediately notify the agency contact specified within the license and shall take all reasonable steps to ensure that any noncompliance or delay is avoided or, if unavoidable, is minimized to the greatest extent possible. In so notifying the agency contact, the Licensee shall provide, for the agency’s review and written approval, a report including the following information:

a. the provision(s) of the license that has been violated; b. the date and time the violation(s) was first observed and by whom; c. the cause of the violation(s), if known; d. if the violation(s) has ceased, the duration of the violation(s) and the exact date(s) and

times(s) it was corrected; e. if the violation(s) has not ceased, the anticipated date when it will be corrected; f. steps taken and steps planned to prevent a reoccurrence of the violation(s) and the

date(s) such steps were implemented or will be implemented; and g. the signatures of the Licensee and of the individual(s) responsible for actually preparing

such report.

If the violation occurs outside of normal business hours, the Licensee shall contact the Department of Energy and Environmental Protection Emergency Dispatch at 860-424-3333. The Licensee shall comply with any dates which may be approved in writing by the

Page 10: Connecticut Department of Energy and Environmental

General Conditions for LWRD Licenses Page 6 of 6

Commissioner.

26. Revocation/Suspension/Modification. The license may be revoked, suspended, or modified in accordance with applicable law.

27. Other Required Approvals. License issuance does not relieve the Licensee of their obligations to obtain any other approvals required by applicable federal, state and local law.

28. Rights. The license is subject to and does not derogate any present or future property rights or powers of the State of Connecticut, and conveys no property rights in real estate or material nor any exclusive privileges, and is further subject to any and all public and private rights and to any federal, state or local laws or regulations pertinent to the property or activity affected hereby.

29. Condition Conflicts. In the case where a project specific special condition listed on the license differs from, or conflicts with, one of the general conditions listed herein, the project specific special condition language shall prevail. It is the licensee’s responsibility to contact the agency contact person listed on the license for clarification if needed prior to conducting any further regulated activities.

Page 11: Connecticut Department of Energy and Environmental

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GROU

NDW

ATER INFO

RMATIO

N

The Highfield subdivision area has been studied thoroughly over the past few years relative to the

design of on-site septic systems. That has given us considerable groundw

ater information

Standpipes were installed on thirteen lots in 2018 and groundw

ater monitored ten tim

es from3/20/2018 to 6/1/2018. There w

ere at least three standpipes on each lot.

Looking at the data from the six lots closest to the proposed m

itigation areas, the depth togroundw

ater was generally consistent throughout those lots. The averages for the six lots ranged

from 20.3 inches below

grade to 39.5 inches below grade, w

ith the overall average being 31.7 inchesor 2.6 feet below

grade.

Looking at mitigation area #1 the ground w

ater approaching the area would be at elevation 275.4. W

eare cutting into that slope and creating a flat area at elevation 272.0. Likew

ise for mitigation area #2

the ground water approaching the area w

ould be at elevation 265.4 and we are cutting into that slope

and creating a flat area at elevation 262.0.

We believe in both areas w

e will clearly intercept norm

al ground water flow

and a wet m

itigation areaconducive to the establishm

ent of a wetland plant regim

e.

WETLAN

D MITIG

ATION

AREA MO

NITO

RING

Each of the planted wetland m

itigation areas will be m

onitored annually for a period of three years. These areas will be m

onitored for establishment of m

itigationw

etland plantings and the control of invasive plant species.

A biologist/wetland scientist w

ill monitor the project site after m

itigation planting has been completed. The m

onitored areas will include the disturbed and restored

areas along the banks of the Muddy Brook and as w

ell as the two other W

etland Mitigation Areas.

The primary goals of this m

onitoring will be to evaluate planting survival and to identify invasive species early so that control m

easures can be implem

ented that will not

interfere with establishm

ent of a dense stand of native, non-invasive vegetation.

The Site will be m

ost vulnerable to re-invasion imm

ediately following placem

ent of the final growth m

edium, so m

onitoring efforts will be concentrated in that tim

eperiod, and w

ill be reduced in frequency as the installed plant comm

unity becomes fully established.

·During the first grow

ing season, following com

pletion of mitigation plantings, the site w

ill be monitored m

onthly from M

ay through September,

·During the second and third grow

ing seasons the site will be m

onitored during the early, mid and late grow

ing season (May, July, Septem

ber).

SUCCESS CRITERIA

At the end of the three year monitoring period, the planted areas w

ill be evaluated against the following success criteria:

·80%

herbaceous and woody vegetative cover;

·80%

survival of planted trees and shrubs;·

Ow

ner can demonstrate that invasive plants w

ithin the wetland m

itigation areas were aggressively m

anaged to maxim

ize reestablishment of a native plant

comm

unity;·

Vegetation within the w

etland mitigation areas possess no m

ore than 15 percent cover of invasive plants.

MO

NITO

RING

AND REPO

RTING

At the end of the third year after placement of the final grow

th medium

, the owner's biologist w

ill evaluate the Site for performance against these Success Criteria. If

the Success Criteria are satisfied, the Wetland M

itigation/Invasive Species Control Plan will be deem

ed completed. If the Success Criteria are not m

et, then annualm

onitoring will continue for successive one-year increm

ents until the Success Criteria are satisfied.

Interim evaluations as specified above w

ill be performed to m

easure progress towards these Success Criteria. For the three year m

onitoring period, the following

information w

ill be collected and reported:•

Estimates of percent cover of installed vegetation, volunteer non-invasive vegetation, and invasive species;

•Inventory of planted and volunteer plant species.

•Recom

mended m

anagement practices, including replacem

ent of lost plantings, including substitution of selected plant species based on observed mortality and

site condition, and managem

ent of invasive plant species in accordance with the Invasive Species Control Plan;

•Sum

mary of m

anagement activities perform

ed during the prior year to attain success criteria.•

Summ

ary of the effectiveness of any controls that were im

plemented during the prior years.

•The status of the vegetative cover against the Success Criteria.

A summ

ary wetland m

itigation area monitoring report, containing the inform

ation described above for the relevant year, will be prepared and subm

itted annually tothe ACO

E Regulatory Division no later than December 15 of each year being m

onitored. A self-certification form w

ill be completed, signed, and subm

itted as thetransm

ittal cover sheet for each annual summ

ary and will include the perm

it number and the reporting year (i.e. 1st year, 2nd year, 3rd year).

INVASIVE SPECIES C

ON

TROL P

LAN

Following restoration of disturbed areas associated w

ith the culvertreplacem

ent in Area D and planting of the created Wetland M

itigationAreas 1 &

2, measures w

ill be needed to prevent the colonization ofinvasive plant species. Based on our site evaluation, there are sourcesof m

ulti-flora rose, phragmites, Japanese barberry, Japanese stilt grass

and autumn olive that could potentially colonize the restored areas.

The best way to prevent the establishm

ent of invasive plants is todensely vegetate the restored areas w

ith native seed mix and plantings

imm

ediately following restoration.

See Landtech, March 16, 2020, W

etland Impact M

itigation Report forguidelines for the rem

oval of invasive plants.

Page 18: Connecticut Department of Energy and Environmental

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BIRCH VIEW DRIVE
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TOWN ROAD #1
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BROOK CROSSING
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BROOK CROSSING
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PROPOSED TOWN ROAD #2
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TRANSFORMER
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SILO
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SWITCH GEAR BOX
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TRANSFORMER
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TRANSFORMER
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SILO
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CONCRETE WALK
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BITUMINOUS
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CONCRETE WALK
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CONCRETE WALK
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CONCRETE WALK
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WALK
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GRAVEL
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END OF BITUMINOUS
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GRAVEL
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TOP OF BANK
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BOTTOM OF BANK
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RIP RAP
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RETENTION AREA #3
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SPOT GRADE (TYP.)
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CITY, STATE
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STREET
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CLIENT
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PREPARED FOR
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TITLE
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1
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1" = ???
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XXX
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TSH
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CAD
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1 OF 1
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Description
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Date
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F. A. Hesketh Associates, Inc.
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6 Creamery Brook, East Granby, CT 06026
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Phone (860) 653-8000 Fax (860) 844-8600
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Planners Landscape Architects
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Civil Traffic Engineers Surveyors
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.
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.
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.
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www.fahesketh.com [email protected]
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146 N W Broad Street, Southern Pines, NC 28387
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Phone (910) 692-2844 Fax (910) 692-3356
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POSSIBLE ROAD EXT.
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ELLINGTON, CT
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BIRCH VIEW DRIVE
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HIGHFIELD ESTATES PHASE IV
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PREPARED FOR
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ARCHEOLOGICAL SURVEY PLAN
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AC-9
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1" = 100'
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07-10-2013
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Scale:
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DSZ
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KLL
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8 OF 8
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Description
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Date
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F. A. Hesketh Associates, Inc.
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6 Creamery Brook, East Granby, CT 06026
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Phone (860) 653-8000 Fax (860) 844-8600
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Planners Landscape Architects
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Civil Traffic Engineers Surveyors
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.
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.
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www.fahesketh.com [email protected]
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146 N W Broad Street, Southern Pines, NC 28387
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Phone (910) 692-2844 Fax (910) 692-3356
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.
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.
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.
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1 inch = ft.
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( IN FEET )
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DEEP Comments
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12-21-2020
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A
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B
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C
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D
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LOT 10
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LOT 9
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LOT 11
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LOT 8
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LOT 7
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LOT 6
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LOT 5
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LOT 4
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LOT 1
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LOT 2
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LOT 3
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DB #1
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DB #2
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DB #3
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OPEN SPACE
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OPEN SPACE
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OPEN SPACE
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OPEN SPACE
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MATCH EXISTING TOWN ROAD
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REMOVE EXISTING CUL-DE-SAC
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SUBDIVISION LIMIT
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SUBDIVISION LIMIT
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SUBDIVISION LIMIT
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TYPICAL SINGLE FAMILY HOUSE
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TYPICAL SEWAGE SYSTEM
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WETLAND LIMIT (TYP.)
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OPEN SPACE
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HERITAGE CONSULTANTS PREPARED A REPORT, DATED MARCH 2021, TITLED: PHASE IA CULTURAL RESOURCES ASSESSMENT SURVEY FOR THE PROPOSED HIGHFIELD ESTATES PHASE IV PROJECT IN ELLINGTON, CONNECTICUT. THIS REPORT CONCLUDED THAT “LOTS LOTS 3 THROUGH 11 WERE SITUATED IN AREAS WITH LOW SLOPES AND WELL DRAINED SOILS AND RETAINED MODERATE/HIGH ARCHAEOLOGICAL SENSITIVITY. IT IS RECOMMENDED THAT PROPOSED DISTURBANCE AREAS WITHIN THEM (E.G., HOUSE, DRIVEWAYS, AND SEPTIC SYSTEMS) BE SUBJECTED TO A PHASE IB CULTURAL RESOURCES RECONNAISSANCE SURVEY PRIOR TO CONSTRUCTION.” THIS WILL BE MADE A CONDITION THIS WILL BE MADE A CONDITION OF LOCAL SUBDIVISION APPROVAL. BY E-MAIL, DATED 4/27/2021, CATHERINE LABADIA, STAFF ARCHAEOLOGIST, STATE HISTORIC PRESERVATION OFFICE, CONCURRED WITH THIS RECOMMENDATION.
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2
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ACOE update
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04-28-2021
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Plan View
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APPLICANT: Brooks Crossing Developers, LLC
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PROJECT: Highfield Estates - Phase 4
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LOTS WHERE PHASE 1B ARCHEOLOGICAL SURVEY REQUIRED
Page 20: Connecticut Department of Energy and Environmental

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FES FL=258.1±
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ELLINGTON, CT
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BIRCH VIEW DRIVE
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HIGHFIELD ESTATES PHASE IV
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PREPARED FOR
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EROSION CONTROL PLAN
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EC-1
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1" =40'
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08-20-2020
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Scale:
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Date:
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Drawn by:
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DSZ
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1 OF 2
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Description
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Date
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F. A. Hesketh Associates, Inc.
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6 Creamery Brook, East Granby, CT 06026
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Phone (860) 653-8000 Fax (860) 844-8600
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Planners Landscape Architects
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Civil Traffic Engineers Surveyors
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.
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.
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.
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www.fahesketh.com [email protected]
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146 N W Broad Street, Southern Pines, NC 28387
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Phone (910) 692-2844 Fax (910) 692-3356
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.
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.
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.
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1
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PLAN 1" = 10'
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MAGNETIC
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Plan View
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APPLICANT: Brooks Crossing Developers, LLC
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PROJECT: Highfield Estates - Phase 4
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DEEP comments
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08-20-2020
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%%UEROSION AND SEDIMENT CONTROL NOTES
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1. Disturbance of soil surfaces is regulated by State Law. All work shall comply with an approved "Erosion and Sediment Control Plan" to prevent or minimize soil erosion. 2. The installation and maintenance of erosion control devices is the responsibility of the land owner, developer, and the excavation contractor. Town officials shall be notified in writing of the name, address and telephone number of the individual responsible for this work (including any changes) at the required pre-construction conference. 3. The contractor shall use the "Connecticut Guidelines for Soil Erosion and Sediment Control" (2002), as amended as a guide in constructing the erosion and sediment controls indicated on these plans. The guidelines may be obtained from the Connecticut Department of Environmental Protection store, 79 Elm Street, Hartford, CT 06106-5127. 4. The contractor shall schedule operations to limit disturbance to the smallest practical area for the shortest possible time. Overall site disturbance shall be confined to those limits delineated on the plans. 5. The contractor is responsible for the timely installation, inspection, repair or replacement of erosion control devices to insure proper operation. 6. The contractor shall notify the design engineer of unsatisfactory erosion conditions not controlled by the erosion and sediment control plan and shall install additional measures as required. 7. All disturbed areas not covered by buildings, pavement, mulch or ground cover plantings shall be planted with grass. 8. Accumulated sediment removed from erosion control devices is to be spread and stabilized in level, erosion resistant locations as general fill. 9. Special attention shall be given to the construction sequence outlined on the erosion and sediment control plan. 10. The developer shall be responsible for cleaning any construction debris or sediment from existing roads as ordered by the Town and/or State, if any debris or sediment from construction activities enter onto these roadways. 11. Limit work within wetland areas to the least disturbance necessary for construction. Restore disturbed areas as closely as possible to their original natural state. 12. Additional dust control measures as specified in D.O.T. 814-A Section 9.39, Section 9.42 and Section 9.43 shall be furnished by the contractor as site conditions warrant or as directed by Town or State officials. 13. The contractor is responsible for cleaning and removal of sediment and/or debris from the storm drainage system throughout the duration of the project (i.e. sumps, plunge pools, etc.)
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Refer to the "Connecticut Guidelines For Soil Erosion And Sediment Control - 1985" (see Erosion and Sediment Control Note 3) when constructing erosion control devices shown on this plan. HBEC - HAYBALE EROSION CHECKS shall be staked a minimum of five (5) feet from the base of disturbed slopes exceeding eight (8) feet in height, or at locations shown on the plans. Place haybales before starting a fill slope and after digging a cut slope. Heel haybales 4" into the soil. Stake haybales around the perimeter of all catch basins. Remove all sediment when deposits reach 1/2 bale height. Haybales must be replaced periodically. SFEC - SEDIMENT FENCE EROSION CHECK: a synthetic textile barrier designed to filter sediment from surface water runoff. Placement shall be similar to HBEC and installation requires anchoring the fence bottom to prevent bypass. All sediment shall be removed if deposits reach one (1) foot in depth. Additional support (such as snow fence or wire fence) on the downhill face may be required to strengthen sediment fence in high flow locations. CE - CONSTRUCTION EXIT: a broken stone pad providing a hard surface points where vehicles will leave the site. The construction exits reduce tracking of sediment into adjacent pavement. Excess sediment should be periodically removed from the stone surface. RRPP - RIPRAP PLUNGE POOL: a riprap dissipation device installed at the ends of drainage culverts creating a pool with bottom below the culvert. Water in the pool reduces velocity and the pool collects heavy sediment. Riprap plunge pools require periodic removal of accumulated deposits. FES - FLARED END SECTION: a precast concrete culvert end Structure designed to spread runoff to greater width of flow. GRSW - GRASSED SWALE: a shaped shallow earth drainage way used to convey excess surface runoff. Grass vegetation should be well established before use. Stabilization with netting or mulch may be required. RRSW - RIPRAP SWALE: a shaped shallow drainage way lined with modified riprap used to convey excess surface runoff. TSS - TEMPORARY SOIL STOCKPILE: Temproray location of stockpiled topsoil. Locations shall generally be on level ground away from drainageways and shall be ringed with silt fence and/or haybales. Staockpile shall be seeded if it remains in place for more than 30 days.
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%%UEROSION CONTROL DEVICES:
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%%uCONSTRUCTION SEQUENCE:
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In general, the overall project will follow the sequence below: 1. Install temporary construction exit at end of existing paved Install temporary construction exit at end of existing paved portion of Brook Crossing. 2. Install silt fence erosion control. Install silt fence erosion control. 3. Strip and remove vegetation from construction area. Strip and remove vegetation from construction area. 4. Remove soil above twin 48" pipes. Remove soil above twin 48" pipes. 5. Construct temporary upstream and downstream sand bag Construct temporary upstream and downstream sand bag coffer dams and install 24" CPE by-pass culvert. 6. Remove downstream headwall. Remove downstream headwall. 7. Remove existing twin 48" pipe starting downstream. Remove existing twin 48" pipe starting downstream. 8. Install geotextile and crushed stone base for box culvert as Install geotextile and crushed stone base for box culvert as each section of culvert is removed. 9. Remove existing 48" FES's. Remove existing 48" FES's. 10. Install box culvert starting upstream. Install box culvert starting upstream. 11. Complete upstream and downstream channel grading. Complete upstream and downstream channel grading. 12. Install upstream channel improvements. Install upstream channel improvements. 13. Install downstream channel improvements. Install downstream channel improvements. 14. Remove temporary by-pass culvert and coffer dams. Remove temporary by-pass culvert and coffer dams. 15. Install upstream and downstream headwalls. Install upstream and downstream headwalls. 16. Complete grading and surface restoration. Complete grading and surface restoration. 17. Install plantings (see sheet AC-3).Install plantings (see sheet AC-3).
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%%UWATER HANDLING
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Work to be done during dry weather and period of low stream flow. Construct temporary upstream and downstream sand bag coffer dams and install 24" CPE by-pass culvert. Contractor to adjust construction schedule and methods to ensure water of passage without soil erosion.
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SEE SHEET EC-2 FOR SE&SC DETAILS
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SEE SHEET AC-3 FOR IMPROVEMENT DETAILS
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APPROX. LIMIT OF WORK
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EXISTING GRAVEL DRIVE
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EXISTING GRAVEL DRIVE
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HEADWALL
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HEADWALL
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BOX CULVERT
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HEADWALL TO BE REMOVED
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TWIN 48" PIPES TO BE REMOVED
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TEMP. SAND BAG COFFER DAM T.D.=255±
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TEMP. SAND BAG COFFER DAM T.B.=258±
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%%ULEGEND - TEMPORARY SE&SC MEASURERS
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= CONSTRUCTION EXIT (CE)
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= HAYBALE CHECK DAM (HBCD)
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= HAYBALE EROSION CONTROL (HBEC)
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= SEDIMENT FENCE EROSION CONTROL (SFEC)
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= SEDIMENT FENCE/ HAY BALE BACKING (SFEC/HBB)
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= SEDIMENT FENCE AROUND
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TSS
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TEMP. SOIL STOCKPILE (TSS)
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= INLET PROTECTION - SILT SACK (CBEC)
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TSS
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TSS
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= SAND BAG COFFER DAM
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2
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12-03-2020
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12-21-2020
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TEMP. 24" BY-PASS CULVERT
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01-20-2021
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TEMP. 24" BY-PASS CULVERT
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SFEC (TYP.)
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SFEC (TYP.)
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SFEC (TYP.)
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TEMP. CONSTUCTION ACCESS AREA
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TEMP. CONSTUCTION ACCESS AREA
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5
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ACOE update
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04-28-2021
Page 21: Connecticut Department of Energy and Environmental

79 Elm Street • Hartford, CT 06106-5127 portal.ct.gov/DEEP Affirmative Action/Equal Opportunity Employer

Bureau of Water Protection & Land Reuse Land & Water Resources Division

LWRD Work Commencement Form

To: Regulatory Section Department of Energy and Environmental Protection Land & Water Resources Division 79 Elm Street Hartford, CT 06106-5127

Licensee Name: _________________________________ Municipality in which the project is occurring: _________________________________ DEEP License No(s):_________________________________ CONTRACTOR(s): # 1 Name: ___________________________________________

Address: ___________________________________________ Telephone: ___________________________________________ E-mail: ___________________________________________

# 2 Name: ___________________________________________ Address: ___________________________________________ Telephone: ___________________________________________ E-mail: ___________________________________________

# 3 Name: ___________________________________________ Address: ___________________________________________ Telephone: ___________________________________________ E-mail: ___________________________________________

Date Contractor(s) received a copy of the license and approved plans: _______________ EXPECTED DATE OF COMMENCEMENT OF WORK: _______________

EXPECTED DATE OF COMPLETION OF WORK: ___________________

LICENSEE: ______________________________ _________ (Signature) (Date)