CT DEEP issues ‘tentative determination’ to approve dam safety permit for repair, waive hearing

The Connecticut Department of Energy and Environmental Protection has issued a notice of “tentative determination” to approve an application for a dam safety permit and the agency’s intent to waive a public hearing on the project.

The dam is the Dooley Pond Dam (its ID number is 8307), which has what DEEP lists as a “Hazard Class C ‘High'” and the applicant is “Connecticut DEEP State Dams,” agency records show. The hazard class explanations are found here. The class is determined by the severity of what could occur downstream if a dam were to fail, not its condition, according to DEEP.

The dam is located in Middletown. The structure is adjacent “to the east side of Route 17 and the south side of Brush Hill Road, approximately 1.3 miles south of its intersection with Route 155 in Middletown,” according to DEEP. The waters impacted are Dooley Pond and Long Hill Brook, according to DEEP.

Read the draft permit here.

The agency said the proposal to repair/modify the existing dam includes: Replacement of “existing earth covered riprap along the upstream embankment with concrete filled riprap for scour protection and erosion control.”  The proposed activities also would impact 1,627 square feet of wetlands associated with Dooley Pond and Long Hill Brook, according to DEEP.

The state agency notes in online available information about the dam that the DEEP commissioner  had made “a tentative determination” to approve the application and to waive the requirement for public hearing, as permitted under state laws on a dam safety permit.

The agency, however, also notes the commissioner will consider written comments from the public and may decide to hold a hearing on the dam safety permit if it is determined that “the public interest will best be served thereby or shall hold a hearing upon receipt of a petition as described below.”

To share comments with DEEP on the project, use Application No.: DS-202210104 and send to State of Connecticut, DEEP, 79 Elm Street Hartford, 06106. Or contact Charles Lee, 860-424-3716, Charles.Lee@ct.gov.

To Interested copies of the application, an appointment can be made at the above address; electronic copies of the application and documents can be provided by email, according to the agency. Direct requests for electronic documents to Dan Lesniewski of the Dam Safety section at 860-424-3384 or Daniel.Lesniewski@ct.gov.

DEEP also noted:

• The Commissioner may conduct a public hearing if she determines that the public interest will best be served;
• Or will hold a hearing upon receipt of a petition signed by at least 25 persons;
• Petitions for a hearing shall be submitted within 30 days from the date of publication of this public notice, (Dec. 22);
• Petitions should include the application number, (DS-202210104 ) and identify a contact person to receive notifications;
• Petitions may 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 accept electronically-filed petitions for hearing in addition to those submitted by mail or hand-delivered;
• Petitions with required signatures may be sent to deep.adjudications@ct.gov; those mailed or delivered should go 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 statement signed by the petitioner that the petition exists only in that form;
• Original petitions that were filed electronically must also be mailed or delivered to the Office of Adjudications within 10 days of electronic submittal.
• All petitions must be received within the comment period noted above; (within 30 days of Dec. 22)
• 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.