Town of Fairfield, Engineering Manager
Notice of Tentative Determination to Approve an Application for a Diversion of Water Permit and 401 Water Quality Certification and Intent to Waive Public Hearing
Applicant(s): Town of Fairfield Engineering Manager
Application Nos.: 202207842-DIV, 202207841-WQC
City/Town: Fairfield
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 applications for the certification of activities, including but not limited to the construction or operation of facilities, which may result in any discharge into waters of the state and for a permit to divert waters of the state.
The Commissioner also gives notice of intent to waive the requirement for public hearing pursuant to Section 22a-371 and that the Commissioner shall hold a hearing on receipt of a petition signed by twenty-five or more persons pursuant to CGS Sections 22a-371(f). The Commissioner also gives notice that a hearing may be held on the Diversion application if the Commissioner determines that the public interest will best be served thereby.
Application Numbers: 202207842-DIV, 202207841-WQC
Applicant’s Name and Address: Town of Fairfield, Engineering Manager, 725 Old Post Road, Fairfield CT 06824
Contact Name and Phone No.: William Hurley, whurley@fairfieldct.org, (203) 256-3015
Relevant statute(s)/Regulation: Section 22a-365 through 22a-378, Section 401(a)(1) of the Federal Clean Water Act
Project Description: Construction of two flood control structures
Project Location: 2390 Easton Turnpike
Water(s): Londons Brook
COMMISSIONER’S FINDINGS/REGULATORY CONDITIONS
The proposed activities include the following: construct 2 berms one being an 9.5’ high berm that is approximately 75’ wide and 300’ long with a 20’ wide X 90’long concrete weir control structure, and the other being a 6’ high berm 70’ wide and 500’ long with a 20’ wide X 64’long concrete weir control structure, and will affect 14,960 square feet of wetlands/watercourses and 151 linear feet of watercourse.
DEEP has found that application number 202207842-DIV 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. Application number 202207841-WQC has been evaluated for compliance with the applicable provisions of sections 301, 302, 303, 306 and 307 of the Act and the Water Quality Standards of the State of Connecticut adopted pursuant to Regulations of Connecticut State Agencies Sections 22a-426-1 to 22a-426-9.
INFORMATION REQUESTS/PUBLIC COMMENT
This application has been assigned Nos. 202207842-DIV, 202207841-WQC; please use this number when corresponding with DEEP regarding this application. Interested persons may obtain a copy of the application from the above contacts or by sending a request for an electronic copy to DEEP at Danielle.missell@ct.gov. All interested parties are invited to express their views on the tentative determination concerning this application. Comments regarding this application may be submitted via electronic mail to Danielle.missell@ct.gov no later than thirty (30) days from the publication date of this notice.
PETITIONS FOR HEARING
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(s) noted above and also 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. The Office of Adjudications will currently accept electronically-filed petitions in addition to petitions submitted by mail. Petitions with required signatures may be filed by email to deep.adjudications@ct.gov or mailed to the DEEP Office of Adjudications, 79 Elm Street, Hartford, CT 06106. Within thirty (30) days of their filing, 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 www.ct.gov/deep. Additional information can be found at www.ct.gov/deep/adjudications.
Published in Connecticut Post on November 16, 2023
ADA PUBLICATION STATEMENT
DEEP is an Affirmative Action/Equal Opportunity Employer that is committed to complying with the requirements of the Americans with Disabilities Act. Please contact DEEP by phone 860-418-5910 or email 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.