10/17/2002 CONSERVATION COMMISSION Minutes

Home Browse Search

whether to do it administratively or under an Amended Order, because the Order o Conditions has a no-engine prohibition. It vera§ decided that Mr. Hessler should request ars Amended Order of Conditions, and it would be recorded for future owners. 10. Commission vacancies. Bob reported that two people have exp ressed interest ion becoming Commissioners, and he recommended that he invite them both back for further discussions. There is room now for one Commissioner and two Associates. 11. Commendation letters for staff. Bob reported that he misplaced Jack's letter to Aqua and Pauline. Jack will reprint thea. Diane thanked the Commission for their letter and hoped Aqua and Pauline will receive heirs soon. . AFCEE report on sphagnum. This regards expansion of two extraction wells. Bob reported that at our request they did a certifiable analysis of the associated wetlands and the impact of the expansion, Diane said they found several vernal pool species, and 160 spotted salamander egg masses. This is new information, and we have the authority to place additional Commissions there to monitor the water, because the extraction wells may have an impact . Bob said it's the only one they' re seen with a Virginia chain fern in it. He said the amended order states that we would not approve any pumping until such time as these reports have been submitted to us and we have agreed upon protocol and thresholds, etc., and we're a long way from that. Diane said the first step should be for them to certify the pools or we could certify them ourselves. She said they have had this permit for a while and they have not come back to us with the protocol that was required in the permit. The history of these folks is y the # done ghat the wanted and then come Ii after the fact. Since this is significant new information on an existing Carder of Conditions, under the Wetlands Protection Act Regulations we have the right to reopen this hearing and impose these new conditions, and require then to bring the protocol to the table. Bob recommended that he write there a letter citing the original agreement and saying that based upon the additional information, we want to make an new agreement with thea that will emerge after a public hearing. Michael asked if we can insist that they do this by a certain date at which time vire could rescind that amended order. Bob said he didn't think so because it wasn't in the original. Diane said there's usually a standard condition hat's put into our permits that says i new information comes forward that shows an adverse impact to the area, the Commission has the right to ask for a new filing or an amended order. Bob said they have given us specifications of the systems that they propose using, but they didn't address the pumping rates in terms of impact to the wetlands. 3