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Yale Farm Golf Club permit process moves ahead with DEP's tentative OK

NORTH CANAAN — Two permits needed for the construction of Yale Farm Golf Club (YFGC) have been given tentative approval by the state Department of Environmental Protection (DEP).

The tentative determination sets in motion a process that includes public comment and additional review by the DEP. A Feb. 18 pre-hearing status conference in Hartford will include the establishing of a public hearing date. All meetings and hearings will be held in Hartford. However, significant public interest could prompt a local session.

Written comments are being accepted now through Feb. 13.

Plans have been hotly debated

The 18-hole golf course and recreational facility is proposed for development on 324 acres of Yale Farm, a 780-acre hillside property that straddles the North Canaan/Norfolk border. The development team is led by Roland Betts, who has a home in North Canaan, and who is the developer of Chelsea Piers in New York City.

The proposal has been hotly debated since it was first presented seven years ago. The process included a court appeal by a grass-roots opposition group.

Water permits at issue

One of the biggest issues from a permitting and legal standpoint has been the use of water, and potential impacts for supply and contamination of watercourses and wells on neighboring properties.

Any operation that uses more than 50,000 gallons of water per day is required to seek a Water Diversion Permit and a Water Quality Certificate from the state. The latter regulates discharge of used water.

The Yale Farm group submitted these latest permit applications on Nov. 2, 2006. Plans showed a maximum daily seasonal use of 149,305 gallons of groundwater. Sources are three bedrock wells and two irrigation ponds, with a total not to exceed 9 million gallons during the 6.5 month golf season.

The Yale Farm group has project approvals from Planning and Zoning Commissions in both towns, as well as from the Norfolk Inland Wetlands Commission.

The state DEP previously recommended denial on permit applications initiated in 2002 and 2003. An application was pending before the North Canaan Inland Wetlands Commission in August 2005, when the DEP issued a recommendation to deny both water permit applications.

The Yale Farm group withdrew all of its local and state permit applications, and said it had plans to re-engineer the project.

New plans are more sensitive

According to information provided by the DEP, the current revised plans call for the diversion and withdrawal of less water, and will impact fewer wetland acres and protect more of them.

The two draft permits include dozens of conditions.

DEP Spokesman Dennis Schain told The Journal the terms of the permits are very stringent and unusual. For example, the applicant is required to hire a third-party consultant, approved by the DEP, to regularly monitor conditions of the permit during construction and subsequent operation of the facility.

That monitoring would be part of an annual report submitted to DEP that would include records of daily water use. Usage would be monitored by equipment such as water-flow meters and water-level loggers that would be regularly calibrated. Specific water level minimums need to be retained. Levels that fall below those specified will require the Yale Farm group to reduce or eliminate water use. The same would apply under drought conditions.

Protecting habitats

Other permit conditions include a 150-foot buffer zone around all wetlands and a 200-foot buffer on both sides of Hollow Brook, with signs prominently posted on the golf course to keep people out of those areas.

The proposed filling of 2.88 acres of wetlands and clearing of vegetation from another 2.55 acres will be required to be mitigated by the creation of 8.47 acres of wetlands, 4.95 acres of wetlands restoration and enhancement and 37.03 acres of wetlands preservation, as proposed by the applicant.

In addition, a 28.1-acre grassland bird habitat would be created and carefully maintained.

Development would not be allowed near vernal pools and plants listed by the state as endangered, threatened or of special concern.

Pesticide and herbicide use would be carefully monitored, with certification training required for employees applying those materials.

Another unusual condition is the granting of conservation easements on all protected areas to a designated land trust or similar agency as approved by the DEP. The easements would apply in perpetuity.

What hurdles remain?

Should the permits be granted,the Yale Farm group would still have to submit a new application to the North Canaan Inland Wetlands Commission. That commission was poised to approve a previous application when it was discovered a proposed irrigation pond was located within the buffer zone of wetlands on a neighboring property.

That issue was the only one upheld, of the numerous points raised in the court appeal, and was part of a plan revision.

Permit applications and proposed permits are available for public viewing on Tuesdays, Wednesdays and Thursdays, 9 to 11:45 a.m. and 1 to 2:24 p.m. at the DEP’s Public File Room at 79 Elm St. in Hartford. The file room can be reached at 860-424-4180. All records are also available at ct.gov/dep/publicnotices.

Questions should be directed to Doug Hoskins at 860-424-4192. Written comment should be mailed to Doug Hoskins, Environmental Analyst III, Department of Environmental Protection, Bureau of Water Protection and Land Reuse, Inland Water resources Division, 79 Elm St., Hartford CT 06106-5127, or submitted to DEP.YaleFarmsComments@ct.gov.    

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