The Tilcon proposal to expand into Class I and Class II watershed lands in exchange for money, the promise of a new reservoir 40 years from now, and less valuable acreage appears to be dead.  At least for now..

On Aug. 22, 2018, Mayor Erin Stewart submitted a letter to the Water Planning Council (W.P.C.) withdrawing the city's proposal in light of significant public opposition and the need for further review "before any such project could move forward".  On Aug. 24th the W.P.C. in turn forwarded to the CT. General Assembly its review of the environmental study. It found serious flaws in the argument that this proposal would be beneficial to New Britain's water supply....and in addition found that the risks posed to the environment by the project were significant.  (See the WPC letter below).

This is the second time in which Tilcon and the City of New Britain have attempted to skirt the process of obtaining a permit from the D.P.H. to impact Class I and II watersheds.  Knowing that such an application was unlikely to be approved, they instead turned to the legislature to bypass environmental regulations- and nearly succeeded in doing so. The Mayor's letter leaves open an implicit suggestion that a resurrection of the deal is a possibility, and the citizens of CT will need to remain vigilant .

It was largely with the activism of Atty Paul Zagorsky and other members of Protect Our Watersheds CT that this round was won.

Both CT's Council on Environmental Quality and the CT Water Planning Council recently released their reviews of the City of New Britain’s Report entitled Environmental Study: Change in Use of New Britain Water Company Land (Proposed Quarry Expansion and Future Water Storage Reservoir). Both the CEQ and the WPC concluded that the environmental damage caused by the expanded strip mining operation in Class I and Class I watershed lands would be significant.  In addition, both expert bodies found  quite questionable the study assumptions and conclusion that an additional reservoir was necessary for New Britain's future water needs.

Given the alarming precedent that this proposal would set-allowing Class I and II protected watershed land to be sold for the benefit of a private for-profit corporation- it is hopeful that these expert analyses of its impact will put a halt to this ill-advised plan.

Read the Executive Summary from the Water Planning Council below. The full C.E.Q. report can be found at:www.ct.gov/ceq/lib/ceq/CEQ_Comments_on_NB_Watershed_Environ_Study_-_final_5-25-18.pdf

The “Water Planning Council’s” Review Pursuant to Public Act 16-61 of the City of New Britain’s Report entitled Environmental Study: Change in Use of New Britain Water Company Land (Proposed Quarry Expansion and Future Water Storage Reservoir):
 
"Public Act 16-61, An Act Concerning An Environmental Study On A Change In Use Of New Britain Water Company Land, required the City Of New Britain to commission an environmental report  to be submitted to the Water Planning Council (WPC), the Council on Environmental Quality (CEQ), and the City of New Britain’s Conservation Commission.  The purpose of the report was to examine the potential impact of changing the use of some of its city water department-owned Class I and Class II land to allow the lease of land for the extraction of stone and other minerals on such property.
 
This extraction operation, which would be done over a period of 35-40 years, could potentially create a new public water supply reservoir of 2.31 billion gallons capacity for the New Britain Water Department.  The reservoir would be filled with water from a flood-skimming operation at Coppermine Brook in Bristol, taking an estimated 6-28 months to fill the reservoir from this source.  The new water supply reservoir is described in the Executive Summary as being 109 acres in surface area (though other figures are given elsewhere in the Report) and up to 130’ deep.
 
PA 16-61 charges the WPC and the CEQ with reviewing the report to determine:

1. the potential impact on the environment and the purity and adequacy of the existing and future public water supply; and
2. to provide guidance to the New Britain Water Department concerning the suitability of the best management practices identified for the protection of the environment, public water supply and public health.

 
Much of the area that would be impacted in the proposed expanded area of quarrying is located in the active public drinking water supply watershed of the Shuttle Meadow Reservoir.  That area also includes rare habitat and, according to the city’s report, the area is also home to a plant species previously thought to no longer to be present in the state.
 
As will be discussed further, the WPC finds that preparation for quarrying, including clear-cutting the forest and removing the stumps, soil and other natural material, followed by quarry operations, would eliminate much of the wild habitat of the site while creating the potential for decades of increased risk to the city’s nearby Shuttle Meadow Reservoir.
 
The WPC finds that the city’s report does not substantiate the need for the proposed new reservoir or, in fact, that the proposed reservoir would even be a viable public water storage facility.  Based on its review, the WPC finds that the proposal’s risks to the current public water system and the environment are significant and the city’s report does not make a plausible case for undertaking such an activity."

The 2018 legislative session ended at midnight on May 9th with no vote taken on the State Water Plan. After a public hearing on April 17th by the 4 committees of cognizance at at the General Assembly (Environment, Public Health, Planning & Development, and Energy & Technology) further advancement was blocked by a combination of special interest groups. Although a coalition of environmental advocates reached compromise language with the CT Water Works Association (CWWA) and the MDC, the CT Business and Industry Association (CBIA), and Sen. Len Fasano remained firmly opposed. The mere mention that "water as a public trust" was a frequently made public comment during the draft review, along with the citation of CGS 22a-15 in the draft document, was the reported cause. After years of work, the input of countless experts, and over a million dollars of state funds, our first state water plan will sadly need to await next year's legislative session.

With an ongoing bidding war by California corporations for a major CT private water utility, a pending decision on a proposal to grant Tilcon CT access to Class I watershed land for strip mining, and the possible re-introduction of large volume water discounts to Niagara Bottling of CA by the MDC, it's ever more important to make water policy an issue in this fall's elections.

A controversial land swap has been brewing for years: Tilcon is seeking to expand its gravel mining to 131 acres of land which includes Class I and Class II watersheds. In exchange, they'll give $$ to New Britain, acreage elsewhere, and a potential new reservoir- in 40 years. Now the environmental study is out: major habitat destruction and significant species loss in the contested area. There will be more blasting, dust, and the loss of billions of gallons of filtered water from the mined area.

The worst outcome: setting a precedent for swapping our key watershed lands for corporate profits or municipal gain. Class I and II watersheds buffer our water from environmental contaminants and filter it for our aquifers. The recent State Water Plan draft lists protection of watershed land as one of its top ten priorities and re-states CT's dedication to preserving the highest quality drinking water in the nation.
If a critical appraisal of New Britain's drinking water needs demonstrates a real need for more water capacity, let's solve it in a less destructive way.

How You Can Help:
- Write an email to the Water Planning Council at wpc@ct.gov urging them to "Protect Our Watersheds and Reject the Tilcon Proposal". They are tasked with reviewing the recent environmental study.
- Send your email as well to the Director of the Council on Environmental Quality: Karl.Wagener@ct.gov, whose committee is also reviewing the study.

The Water Planning Council and Council on Environmental Quality will review the environmental study and comment to the City of New Britain, which will be holding a public hearing later this spring or early summer.  Stay tuned.

For those wishing to follow the controversial Tilcon quarry proposal, details can be accessed on the CT Public Utilities Regulatory Authority website. PURA recently established a Docket that will enable the State Water Planning Council (WPC) to collect and organize information, as needed, pertaining to Public Act 16-61 AAC An Environmental Study On a Change In Use Of New Britain Water Company Land. 
Here are two links to the subject Docket:

• A link to the page which contains official meeting notices, minutes, and W.P.C. correspondence: www.dpuc.state.ct.us/dockcurr.nsf/(Web+Main+View/All+Dockets)?OpenView&StartKey=16-08-43
  
• A link to the page where one can post public comments after registering: www.ct.gov/pura/cwp/view.asp?a=3364&q=404110&puraNav_GID=1702

The Water Planning Council heard special testimony on August 12, 2016 regarding the Tilcon environmental study.  Here's their response to public comment.  Stay tuned as the process unfolds:

 
Dear Mayor Stewart:
 
The Water Planning Council (WPC) held an August 12, 2016 Special Meeting to discuss the communication from The Council on Environmental Quality (CEQ) regarding its July 27th vote to rescind its June 22nd determination regarding the acceptability of the consultants proposed by the City of New Britain.  The CEQ recommended that the WPC urge the City to select an independent, third party consultant through a Request for Proposals process.  The WPC also received correspondence from New Britain resident Paul Zagorsky regarding the New Britain reservoir proposal.  These written comments are attached.  There was lengthy public comment expressing concern about the suitability of Lenard Engineering, Inc. to perform the environmental study required by P.A. 16-61, and the comprehensiveness of the current Scope of Work.
 
The WPC takes its responsibilities pursuant to PA 16-61 very seriously.  We urge Lenard Engineering to meet with the CEQ to address its concerns and to amend the Scope or Work as necessary.  The WPC also requests that the City of New Britain provide periodic updates to both the CEQ and the WPC regarding the amendments to the Scope of Work and progress of the study.  We plan to discuss the matter at our October 5, 2016 meeting and we would like a written report at least two weeks prior to that date.  We thank you for your cooperation and consideration of the concerns expressed by this Council, Senator Gerratana, the CEQ and the residents of the city.  Subsequent reports should occur on a monthly basis.
 
                                                                                    Sincerely,
`                                                                      
                                                                                    John W. Betkoski, III
                                                                                    Chairperson

Connecticut public trust waters are at risk again.  The state Water Planning Council met in an emergency session on August 12th to hear public testimony on the controversial environmental study proposed to determine the feasibility of a land swap pushed by both Tilcon and the city of New Britain. Tilcon wishes to expand its crushed rock mining activities into 131 acres of Class I and Class II watersheds, an action currently prohibited by state law.  In return, the city of New Britain would get lease money and-40 years in the future- a reservoir. 

Once again there's a question of corporate profits and potential municipal income driving a decision to sell off a prime natural CT asset.  The Class I watershed acts not only to store, but to protect and filter water for the surrounding areas.  Mining the newly proposed area could also expose a current reservoir serving New Britain -Shuttle Meadow- to contamination.

As Mary Pelletier of Park River Watershed noted at the hearing, citizens can no longer rely on municipal officials to protect these vital resources.  It's up to them to police both private corporations seeking profit and municipalities seeking to balance their budgets.

Letter to the editor by Atty Paul Zagorsky of New Britain, CT appeared on 8-7-16 in the New Britain Herald. Below is an aerial photo of Tilcon quarry, Wasal reservoir, and Crescent Lake in New Britain. The Tilcon
proposal would double the size of the quarry onto protected watershed land.

To the Editor:

As to the proposal to allow Tilcon to quarry 131.4 acres of protected watershed, and the independent environmental review commissioned by the city, there is a lot of misleading information out there.
The mayor has stated “By law this study is to be completed within six months.” In a letter to the state, she states “given the aggressive time frame” laid out in the Public Act, the city is anxious to proceed with the environmental review as expeditiously as possible. The Public Act has no completion date. It says the city shall “commission” an environmental study within 180 days of the act’s effective date (6/1/16).

The mayor has stated “The State Water Planning Council and the Council on Environmental Quality both signed off on having Lenard Engineering, Inc. conduct the study which will be completed within 180 days.” That is misleading. In her letter to the WPC she asks them to “consider the following (four) firms and inform us as to their acceptability as a consultant in the event we were to select them to work with the city on the study project.” The WPC at its June 23, 2016 meeting found all four firms acceptable. The city did not tell the WPC or the CEQ that it had already selected Lenard’s June 17, 2016 proposal, nor did it provide the CEQ or the WPC the proposal. Why keep it from the public and the state?

Once the CEQ and WPC were provided the Lenard proposal (not by the city), both scheduled meetings. The CEQ in its July 27, 2016 meeting voted to rescind its June 22, 2016 determination regarding the acceptability of the consultants proposed by the city,” and also “to recommend to the Water Planning Council that it urge the city to select an independent third party consultant through a Request For Proposals process.” The WPC has scheduled a special public meeting on August 12, at 1 p.m. at the Public Utilities Regulatory Authority, Ten Franklin Square, New Britain.

In her July 28, letter to the WPC the mayor states she was “dismayed to learn that the CEQ passed a motion yesterday rescinding their approval of Lenard Engineering.” While Gilbert Bligh, head of the city’s Water Department was at that CEQ meeting, he did not speak, no one from the city did. I am dismayed the city has withheld and/or provided misleading information to the public and the state, that the Lenard study is a Tilcon quarry feasibility study and not an environmental study, that Lenard is a long time contractor for the city and not “independent,” and that the city is working so closely with Tilcon’s lobbyists on this.
The mayor in her July 1 letter to residents living near the quarry says “This (study) is being done to ensure that all environmental concerns are being addressed with transparency.”

That is misleading.

Paul E. Zagorsky
New Britain