Posted by Christine Odiaga (66.51.83.131) on September 11, 2002 at 11:58:38:
The Con Com issued a positive Determination for the relocation of the Wakefield Brook, which is culverted below the site of a proposed Shaws (the applicant appealed the decision but then withdrew the appeal after the DEP inspection). The NOI is just for the culvert relocation, which will be done at the same time as the rest of the project. The Brook is definitely perennial but has no Riverfront Area since it's culverted under most of downtown.
Once the question of the Con Com's jusrisdiction over the whole project is raised, the applicant will of course try to prove that the project is not significant to the interests of the Act, since the protected Inland Bank and Land Under Waterway are culvert.
Has anyone out there dealt with a similar situation?
The other issue is NPDES.... The project will disturb just over 5 acres, so NPDES Ph I applies to the actaul construction; but what about SW Phase II for MS4? The Brook serves as part of the Town's drainage system. Can that be raised as an issue at Con Com?