11.1 The Agency, or its duly authorized agent acting pursuant to Section 12 of these regulations, may, in accordance with Section 10 of these regulations, grant the application as filed or grant it upon other terms, conditions, limitations or modifications of the regulated activity designed to carry out the purposes and policies of the Act, or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and would (a) prevent or minimize pollution or
other environmental damage, (b) maintain or enhance existing environmental quality, or (c) in the following order of priority: restore, enhance and create productive wetland or watercourse resources.
11.2 In a matter where a public hearing is to be held. No later than sixty-five (65) days after receipt of an application, the Agency shall commence a public hearing. At such hearing any person or persons may appear and be heard and may be represented by agent or attorney. The hearing shall be completed within thirty-five (35) days of its commencement. Action shall be taken on application within thirty-five (35) days after completion of a public hearing. In the absence of a public hearing, action shall be taken on applications within sixty-five (65) days from the date of receipt of the application. The applicant may consent to one or more extensions of the periods specified in this subsection, provided the total extension of all such periods shall not be for
longer than sixty-five (65) days, or may withdraw such application. The failure of the Agency to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application. An application deemed incomplete by the Agency shall be withdrawn by the applicant or denied by the Agency.
11.3 The Agency shall state upon its record the reasons and bases for its decision and shall be in writing and shall, as applicable and in accordance with section 10 of these regulations, incorporate a statement relative to the consideration of feasible and prudent alternatives.
11.4 The Agency shall notify the applicant and any person entitled to such notice of its decision within fifteen (15) days of the date of the decision by certified mail, return receipt requested, and the Agency shall cause notice of its order in the issuance or denial of the permit, to be published in a newspaper having general circulation in the town wherein the inland wetland or watercourse lies. In any case in which such notice is not published within such fifteen (15) day period, the applicant may provide for the publication of such notice within ten (10) days thereafter.
11.5 If an activity authorized by the inland wetland permit also involves an activity or project which requires a zoning or subdivision approval, special zoning permit or variance or special exception, under sections 8-3(g), 8-3c, or 8-26 of the Connecticut General Statutes, the Agency shall file a copy of the decision and report on the application with the Town of East Hampton Planning and Zoning Commission within fifteen (15) days of the date of the decision thereon.
11.6 Any permit issued by the Agency for the development of land for which an approval is required under Section 8-3, 8-25 or 8-26 of the Connecticut General Statutes shall be valid for five (5) years provided the Agency may establish a specific time period within which any regulated activity shall be conducted. Any permit issued by the Agency for any other activity shall be valid for not less than two (2) years and not more than five (5) years. Any such permit shall be renewed upon request of the permit holder unless the Agency finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued provided no permit may be
valid for more than ten (10) years.
11.7 No permit issued by the Agency shall be assigned or transferred without the written permission of the Agency.
11.8 In granting, denying or limiting any permit for a regulated activity the Agency shall state upon the record the reason for its decision. Evidence not in the hearing record shall not be considered by the Agency in its decision.
11.10 Any application to amend an existing permit shall be filed with the Agency in accordance with Section 8 of these regulations at least sixty-five (65) days prior to the expiration date of the permit. Any application to renew such an existing permit shall contain the information required under Section 7 of these regulations provided:
a. The application may incorporated the documentation and record of the prior application.
b. The application shall describe the extent of work completed at the time of filing and the schedule for completing the activities authorized in the permit.
c. The application shall state the reason why the authorized activity was not initiated or completed within the time specified in the permit.
d. The application shall describe any changes in facts or circumstances involved with or affecting wetlands or watercourses or use of the land for which the permit was issued.
e. The Agency may, prior to the expiration of a permit, accept an untimely application to renew such permit if the authorized activity is ongoing and allow the continuation of work beyond the expiration date if, in its judgment, the permit is likely to be renewed and the public interest or environment will be best served by not interrupting the activity.
11.11 General provisions in the issuance of all permits:
a. The Agency has relied in whole or in part on information provided by the applicant and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the permit may be modified, suspended or revoked.
b. All permits issued by the Agency are subject to and do not derogate any present or future rights or powers of the Agency or the Town of East Hampton, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the subject land or activity.
c. If the activity authorized by the Agency’s permit also involves an activity which requires zoning or subdivision approval, special permit, variance, or special exception under section 8.3(g), 8-3c, or 8-26 of the Connecticut General Statutes, no work pursuant to the wetland permit may begin until such approval is obtained.
d. In undertaking the authorized activities, the permittee shall implement such management practices consistent with the terms and conditions of the permit as needed to control storm water discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses.
e. Permits are not transferable without the prior written consent of the Agency.
f. For the term of the permit the permittee gives consent to the Agency or its agent to make regular inspections of the permittee’s property at reasonable hours to determine the permittee’s compliance with the permit.
g. All work and activities conducted pursuant to this permit shall comply with the permit conditions set out in this permit. Failure to comply with these conditions shall constitute a violation of the permit and may result in the suspension or revocation of this permit as well as the issuance of fines or court action.
11.12 Other permit conditions.
a. The Agency may require as a permit condition the filing of a bond with such surety in such amount and in a form approved by the Agency.
b. Site monitor:
1. The Agency may require as a permit condition the appointment of a site monitor to monitor the permittee’s compliance with its permit.
2. The site monitor shall be an independent consultant designated by the Agency or its agent. The site monitor shall not be a consultant to the permittee at any phase in the development of the project.
3. The permittee shall timely pay for the services of the site monitor. The permittee’s failure to timely pay the fees for the consultant shall be a violation of the permit and a basis to suspend or revoke the permit as set out in Section 14.
4. Monitoring the site shall include, but not be limited to: 1) inspection of all construction activities such as land development, infrastructure improvements, storm water collection systems, and individual lot development: and 2) collection of water quality data in accordance with evidence developed in the record.
5. The frequency of the filing of a monitoring report with the Agency shall be determined by the Agency. In addition to those monitoring reports, whenever there is rainfall of 0.5 inches or grater in a 6-hour period, the site monitor shall inspect and file a supplemental site monitor report within three business days.
c. The Agency, in its discretion, may require the submission of as-built plans of any work done pursuant to the permit.
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