Real Estate Heritage, LLC , Southbury
Notice of Tentative Determination to Approve an Application for a Diversion of Water Permit and Notice of Intent to Waive Public Hearing
Applicant: Real Estate Heritage, LLC
Application No.: 202308815
City/Town: Southbury, CT
The Commissioner of the Department of Energy and Environmental Protection (“DEEP”) hereby gives notice that a tentative determination has been reached to approve the following application to renew a permit to divert the waters of the state. The Commissioner also intends to waive the requirement for public hearing pursuant to Section 22a-371 of the Connecticut General Statutes (CGS), provided that a hearing may be held if the Commissioner determines that the public interest will best be served thereby or shall hold a hearing upon receipt of a petition as more thoroughly described below.
Application Number: 202308815 (Renewal of DIV-200200536)
Applicant’s Name and Address: Real Estate Heritage, LLC, 418c Heritage Village, Southbury, CT 06488
Applicant Contact Information: Josh McKim, (860) 335-5527, josh@alliancenortheast.com
Type of Permit: Water Diversion, Consumptive
Relevant statute(s)/regulation: Section 22a-365 through 22a-378 CGS
Project Description: Renewal of permit to withdraw surface water for golf course irrigation
Project Location: 418c Heritage Village, Southbury CT
Waters: Pomperaug River, unnamed irrigation ponds, proximate groundwater
COMMISSIONER’S FINDINGS/REGULATORY CONDITIONS
The proposed activity includes the following: withdraw up to 225,000 gallons from an unnamed pond near Hole 3 and up to 75,000 gallons per day from an unnamed pond near Hole 14. The proposed activity will affect the Pomperaug River and unnamed irrigation ponds.
Pursuant to Section 22a-371 of the CGS, the Department has found that the application is complete and has determined that the proposed diversion 1) is necessary, 2) will not significantly affect long-range water resources management, and 3) will not impair proper management and use of the water resources of the State. Accordingly, the Commissioner hereby publishes this notice of intent to waive the requirement for a public hearing, provided if the Commissioner receives a petition requesting a hearing signed by twenty-five (25) persons on or before the deadline for receipt of written comments specified at the end of this notice, a hearing will be held. Notice of any hearing will be published in a newspaper having general circulation in the area where the proposed diversion will take place or have effect.
INFORMATION REQUESTS/PUBLIC COMMENT
This application has been assigned no. 202308815. Please use this number when corresponding with DEEP regarding this application. Interested persons may obtain copies of the application from the applicant at the above address. The application and supporting documentation are available for inspection at the Department of Energy and Environmental Protection located at 79 Elm Street, Hartford, CT from 8:30 a.m. to 4:30 p.m. Monday through Friday by contacting Alexandria Hibbard. Electronic copies of the application and supporting documentation can be provided to interested persons via email. Any such requests for documents may be directed to Alexandria Hibbard of the Water Planning and Management Division at (860) 424-3348 or Alexandria.Hibbard@ct.gov.
Before making a final decision on this application, the Commissioner shall consider written comments on the application from interested persons. Written comments on the application should be directed to Alexandria Hibbard via electronic mail to Alexandria.Hibbard@ct.gov no later than thirty (30) days from the publication date of this notice. Written comments may also be submitted in paper form to Alexandria Hibbard at the Department of Energy and Environmental Protection, Water Planning and Management Division, 79 Elm Street, Hartford CT 06106-5127. In this submittal, please identify the name of the staff assigned to the application, the permit application number and your phone number and/or email address to facilitate responses to your comments. You may contact the staff person identified in this notice with any questions you may have.
PETITIONS FOR HEARING
The Commissioner may conduct a public hearing if the Commissioner determines that the public interest will best be served thereby or shall hold a hearing upon receipt of a petition signed by at least twenty-five persons. Petitions for a hearing shall be submitted within thirty (30) days from the date of publication of this public notice and should include the application number noted above and identify a contact person to receive notifications. Petitions should also identify a person who is authorized to engage in discussions regarding the application and, if resolution is reached, withdraw the petition. Original signed petitions may be scanned and sent electronically to deep.adjudications@ct.gov or mailed to the Department of Energy and Environmental Protection, Office of Adjudications, 79 Elm Street, Hartford, CT 06106-5127. Within thirty (30) days of filing a petition, original petitions that were filed electronically must also be mailed to the Office at the above-noted address. If the original petition exists only in electronic format or signatures were produced using a computer or typewriter, the petition must be submitted with a statement bearing the wet-ink signature of the petitioner that the petition is only available in that format and has been submitted to satisfy the requirement that an original petition be filed. If a hearing is held, timely notice of such hearing will be published in a newspaper of general circulation and posted on the DEEP website at https://portal.ct.gov/DEEP. Additional information is located at https://portal.ct.gov/DEEP/Adjudications.
/s/Nisha Patel
Nisha Patel, P.E.,Director
Water Planning and Management Division
Bureau of Water Protection & Land Reuse
Published in the Waterbury Republican-American on June 3, 2024.
The Connecticut Department of Energy and Environmental Protection is an Affirmative Action/Equal Opportunity Employer that is committed to complying with the requirements of the Americans with Disabilities Act. Please contact Alexandria.Hibbard@ct.gov if you are seeking a communication aid or service, have limited proficiency in English, or require some other accommodation. If you wish to file an ADA or Title VI discrimination complaint, please contact the DEEP Office of Diversity and Equity at (860) 418-5910 or via email at deep.accommodations@ct.gov. In order to facilitate efforts to provide an accommodation, please request all accommodations as soon as possible following notice of any agency hearing, meeting, program or event.