South Norwalk Electric and Water (SNEW)
Notice of Tentative Determination for Streamflow Classification Changes
The Commissioner of the Department of Energy and Environmental Protection (Department) hereby gives notice that a tentative determination has been reached for Streamflow Classification Changes for two segments of the Comstock Brook in Wilton, CT from Class 1 to Class 3 Streams. A public hearing will not be held provided that, pursuant to Section 26a-141b-5 of the Regulations of Connecticut State Agencies (RCSA), a hearing shall be held if the Commissioner receives a petition as more thoroughly described below.
Waterbody: Comstock Brook (segments 102,001,676 and 102,001,655)
Town: Wilton, CT
Water Utility: South Norwalk Electric and Water (SNEW)
Dam: SNEW’s Middlebrook Diversion (aka Ridgefield Pond Dam # 16135)
Authority: Connecticut General Statues (CGS) Section 26-141b; RCSA Section 26-141b-5(e)
COMMISSIONER’S FINDINGS
Pursuant to Section 26-141b-5(e) of the RCSA, the Department has reviewed the current classifications of two segments of the Comstock Brook in Wilton, CT, both classified as Class 1 Streams, that go through South Norwalk Electric and Water’s Middlebrook Diversion (aka Ridgefield Pond Dam # 16135) to determine whether the current classification continues to be appropriate. The Department has consulted with the Commissioner of Public Health and found such classifications were a mistake when they were originally classified, and incorrectly classified as Class 1 Streams. The Commissioner is initiating a tentative decision to change such classifications from Class 1 streams to Class 3 streams. The Commissioner is proposing these necessary classification changes based upon the factor in RCSA section 26-141b-5(a)(1) that states “A river or stream segment that is immediately downstream of an existing dam that impounds a public water supply source registered or permitted in accordance with section 22a-365 to 22a-378a of the Connecticut General Statutes, or that intersects a Level A aquifer protection area approved by the Commissioner pursuant to section 22a-354d of the Connecticut General Statutes shall not be classified as Class 1 or 2”.
Accordingly, the Commissioner hereby publishes this notice of tentative determination to change the streamflow classifications, provided if the Commissioner receives a petition requesting a hearing signed by 25 persons on or before 30 days after publication of this notice, a hearing will be held. Notice of any hearing will be published in a newspaper having general circulation in the area in which the river or stream segments are located where the proposed change in classifications will take place or have effect. If a public hearing is not requested 30 days after publication of this tentative determination, the tentative determination shall become a final decision.
Petitions for hearing shall be submitted within 30 days from the date of publication of this public notice and should include the relevant information noted above and also identify a contact person to receive notifications. Petitions may also identify a person who is authorized to engage in discussions regarding this tentative determination and, if resolution is reached, withdraw the petition.
The Office of Adjudications will accept electronically filed petitions for hearing in addition to those submitted by mail. Petitions with required signatures may be sent to deep.adjudications@ct.gov or mailed to the DEEP Office of Adjudications, 79 Elm Street, Hartford, CT 06106. If the signed original petition is only in an electronic format, the petition must be submitted with a wet-ink signature of the petitioner and a statement that the petition exists only in that format and has been submitted to satisfy the requirement that an original petition be filed. Original petitions that were filed electronically must also be mailed or delivered to the Office of Adjudications within 30 days of electronic submittal at the address noted above. 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://www.ct.gov/DEEP. Additional information can be found at https://www.ct.gov/deep/adjudications.
/s/Nisha Patel, P.E., Director
Water Planning and Management Division
Bureau of Water Protection & Land Reuse
Published in The Hour on November 13, 2025
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 and Title VI. Please contact us at (860) 418-5910 or deep.accommodations@ct.gov if you: have a disability and need a communication aid or service; have limited proficiency in English and may need information in another language; or if you wish to file an ADA or Title VI discrimination complaint. Any person needing a hearing accommodation may call the State of Connecticut relay number – 711. 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.