Milford Inland Wetlands Agency upholds notice of violation for 64 Quarry Road; orders surveys, mitigation and erosion controls

The Milford Inland Wetlands Agency unanimously upheld a notice of violation for work within the regulated area at 64 Quarry Road and ordered the property owner to hire professionals, install erosion controls and post a bond to guarantee mitigation.

Mary Rose, staff to the agency, told commissioners that a complaint prompted a site inspection that showed removed wetland boundary markers and soil piles “adjacent to this, to the wetland line” near the western side of the house. She said machine tracks led from the piles into a rear slope that had been cut and that some siltation was visible after recent rain.

The agency said the deposition and disturbance occurred within 100 feet of mapped wetland and likely within roughly 10 feet of the wetland line. The property owner, identified in the record as Hong Li, acknowledged he did not intend to violate rules and said the work was done while he was away; he declined to provide the contractor’s name at the hearing, saying only that it was “some dude that I found off the Internet.”

Commissioner Buddy Field criticized removal of the marked posts and the placement of fill and told the owner the presence of large, staked boundary markers on the deed and as-built plans made it unreasonable to claim ignorance. “If the post was still there and they put a little dirt around it, okay. You made a mistake, but they ripped the post out and they put them aside. That's pretty bad in my eyes,” Field said.

To resolve the violation, the agency adopted a motion that requires the property owner to: 1) properly install soil erosion and sediment controls to prevent materials from entering the wetlands by April 20, 2025; 2) hire a certified soil scientist or professional wetland scientist to delineate current wetland limits and propose mitigation; 3) by May 12, 2025 submit an A-2 survey (T-2 accuracy) signed and sealed by a Connecticut-licensed land surveyor showing site improvements, property boundaries and the wetlands line as delineated by a certified soil/wetland scientist; 4) by May 12, 2025 submit a detailed mitigation and planting plan prepared by a professional wetland scientist that includes stabilization of disturbed areas, replacement of the 4-by-4 wetland boundary posts with agency markers, planting of native shrubs, a proposed timeline for execution, two years of monitoring twice annually by a professional wetland scientist, and draft bond calculations to guarantee plant survival and monitoring; and 5) maintain all necessary permits (inland wetlands, planning, zoning, building) required to legalize site work. The motion also assigns responsibility for maintenance of plantings and monitoring to the property owner.

Commissioner Black moved the order and Commissioner Buddy Field seconded it. A roll-call vote recorded unanimous approval (see Votes at a glance). Chair Brandon Magnan told the owner to expect follow-up instructions from the agency office.

The agency did not set a specific bond amount in the motion; staff said the required bond calculation will be provided by the wetland professional and returned to the agency for review.

The agency recorded photos, an as-built that showed wetland markers and a certified wetland boundary on the deed, and staff noted a certified-mail notice of violation was sent to the owner. The agency also required replacement of the agency’s numbered boundary markers that were found on the ground at the site.

The agency’s action is limited to issuing the enforcement order and requiring surveys, a mitigation plan, erosion controls and a bond; the motion did not itself authorize additional construction or permanent changes to the wetland area. The agency will review the professional delineation and mitigation plan before accepting any further work on the property.

Mary Rose said the office will follow up with the property owner and with required submittals; the agency will expect the survey and mitigation plan by the dates specified in the order.

Votes at a glance

- Motion to uphold the Notice of Violation (IWC/IWV25-00464) for 64 Quarry Road and require erosion controls, professional delineation, a sealed survey, mitigation planting and a monitoring bond — moved by Commissioner Black, seconded by Commissioner Buddy Field — outcome: approved, unanimous (see roll-call below). - Motion to approve minutes of the previous meeting — outcome: approved (see roll-call below).

Roll-call on the NOV motion: Daniel Boetticker — Aye; Bridal Black — Aye; Matthew Connors — Aye; Steve Munson — Aye; Nick Ritchie — Aye; Julie Valvo — Aye; Buddy Field — Aye; Raymond Gradwell — Aye; Brandon Magnan — Aye.

Why this matters: Work and deposited fill within the upland review area can mobilize sediment into wetlands and watercourses, which is why the agency required immediate erosion controls, professional delineation and a mitigation plan with bonding and two years of monitoring.

The agency’s file lists the notice under IWC/IWV25-00464; staff photos, the as-built plan and the recorded deed notation are in the meeting materials.

Contact: Mary Rose, Inland Wetlands staff, City of Milford (agency office will provide instructions to the property owner as noted).