Army Corps of Engineers asks developer to stop work in wetlands
Karp suspends work in area on Hill Street property
“As with all projects, we will continue to work with the developer/applicant to ensure that work conducted at the site meets federal regulatory requirements and properly avoids, minimizes and potentially mitigates, as needed, for adverse impacts to aquatic resources.” Elizabeth D. Gosselin, Army Corps of Engineers
NEW CANAAN — The Army Corps of Engineers has recommended developer Arnold Karp stop work on the wetlands crossing on his property on Hill Street — land where neighbors have petitioned against Karp, fearing it could be used for affordable housing.
The USACE regulates construction in navigable waterways under the Rivers and Harbors Act and has authority over the discharge of dredged or fill material into bodies of water and wetlands under the Clean Water Act. Any entity, whether commercial, municipal, private or public, must obtain a permit from the USACE if the work involves a discharge of dredged or fill material into waters or wetlands.
While it did not issue a cease and desist letter for the Karp-owned area near Brushy Ridge Road, it instead “recommended the developer stop all work in wetlands or waters until the matter is resolved,” Elizabeth D. Gosselin, chief of public affairs for the Army Corps of Engineers’ New England district, said Thursday.
Karp said his organization will be filing the necessary paperwork to the USACE in the “next two weeks or so” and that no more work is being done currently on the wetlands crossing.
According to Gosselin, an “inquiry letter” was sent in March to Karp “based on local complaints” regarding the construction of an access road which runs over a culvert.
Neighbors of the property have formed an organization called New Canaan Residents Against Destructive Development (NCADD) in hopes of stopping work on the property indefinitely.
Although no formal application for the property has been filed with the town, NCADD is concerned Karp is planning a 101-unit development under General Stature 8-30g affordable housing, based on a draft of a site plan given to Fire Marshal Paul Payne.
Karp, who has been vocal in his support of affordable housing, has said the site plan was a hypothetical exercise and an application may be filed with the town regarding the property in the next two months. He would not say what the application will include.
“The developer did not file a permit application and continued to work post-notification of the need to obtain federal authorization,” Gosselin said.
Karp said he is filing an “after the fact permit,” as his engineers and wetlands experts were not aware that a permit with USACE was needed. “We thought we were doing everything we were supposed to,” he said.
Karp, a well-known developer in New Canaan, has drawn the ire of some residents and town officials for his penchant for multifamily developments. He has filed two pending applications for such buildings under the state General Statue 8-30g, which allows developers to bypass local zoning laws. He has filed for a 102-unit project at 751 Weed Street and, last week, he filed an application for a 20-unit project on Main Street, both with plans to feature affordable housing. Unlike previous years, the town currently lacks the protection of state-sanctioned 8-30g moratoriums.
USACE regulatory and technical experts met with Karp at the Hill Street site at the end of May and “discussed what actions need to be taken and what information needs to be submitted in order to resolve the violation and bring the work at the site into compliance with the Clean Water Act.”
Karp said the meeting with the USACE went well and he was left feeling that the completed work was done in accordance to regulations.
The USACE’s authority is limited only to the discharge of fill material into wetlands and for culvert conveyance “of a small headwater intermittent stream.” It does not have authority to dictate how the parcel of land is is used.
“As with all projects, we will continue to work with the developer/applicant to ensure that work conducted at the site meets federal regulatory requirements and properly avoids, minimizes and potentially mitigates, as needed, for adverse impacts to aquatic resources,” Gosselin said. This is the first time one of Karp’s potential developments have drawn attention from the USACE, according to Gosselin.