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Drew Court TOWN OF WAPPINGER SUPERVISOR TOWN COUNCIL. CHRISTOPHER J,COLSEY , WILLIAM K BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-2744 FAX:(845)297-4558 September 17, 2008 TO: Councilwoman Maureen McCarthy Cc: Town Board file RE: 7 Drew Court—Drainage Easement Dear Councilwoman McCarthy: I believe you may have some knowledge of this matter in which the resident of 7 Drew Court seeks to have the drainage easement located proximate to their home cleaned. As understood from the Highway Superintendent, Jay Paggi visited the site over a year ago and provided advice to the Town that the MS4 regulations prohibit the"dredging" of the respective drainage easement—a practice that regularly occurred until a few years ago. The resident claims to have had an increase in surface water to her property since the"dredging" was discontinued a few years ago. Mr. Foster had reviewed the matter.with the resident this past season, but they were hopeful a different determination would be provided from this office. In an effort to provide the most current information on this matter, you will note that Walter Artus inspected the site recently. A copy of his report is attached, which does note prohibitions to any maintenance of the easement that would disturb the root structure of the present vegetation. Thank you, kE�jL6VLD Christopher Colsey, Sup rvisor 4' Qo Town of Wappinger Given the concerns of Mr. and Mrs. Dangler relative to the potential for flooding, I inquired if their property flooded during the October 2005 and/or the April 2007 rainfall events that caused extensive flooding not only within the Town of Wappinger, but throughout Dutchess County. Mr. and Mrs. Dangler stated that their property did not flood during these rainfall events. However, Mr. and Mrs. Dangler have requested that the Town clear the defined portion of the channel that is currently thickly vegetated to provide more of a concentrated flow of stormwater runoff as opposed to the existing shallow concentrated flow of stormwater runoff. To consider this request, a number of issues must be addressed. First of all, with the designation of the Town of Wappinger as a regulated Municipal Separate Storm Sewer System (MS4) by the New York State Department of Environmental Conservation (NYSDEC) in March 2003, the Town of Wappinger was required to obtain permit coverage from the NYSDEC, and to prepare, develop and implement a Stormwater Management Program (SWMP). The Town of Wappinger SWMP was fully implemented as of the required compliance due date of January 2008. As a component of the Town of Wappinger SWMP, the Town of Wappinger is required to address and comply with the conditions of the above noted permit, and to monitor stormwater quality within its municipal boundary. As the existing subdivision that contains the drainage Swale was constructed well before the Phase II Stormwater Regulations that became effective in March 2003, it is very likely the drainage Swale was not initially designed as a water quality treatment Swale. However, it is now acting as such with the existing vegetation providing water quality treatment prior to its discharge of stormwater into the Town storm sewer system. This questions what action the Town may or may not take in any clearing of vegetation within the Swale and drainage easement. Based upon my observations of the site conditions and my experience with this type of issue, my initial opinion was this is a maintenance issue, and under certain circumstances and conditions the Town may be able to clear vegetation within the drainage easement. For clarification purposes, on September 3, 2008 1 contacted the NYSDEC, Division of Water to discuss this issue and to obtain a determination from the NYSDEC as to what clearing activities the Town may or may not conduct within the drainage easement, and under what conditions. Based upon my discussion with the NYSDEC, I was informed that the Town may clear vegetation within the drainage easement if clogging or flooding is observed that is impacting adjacent properties. If this is the case, it is in fact deemed a"maintenance issue". However, the clearing may only be conducted under certain conditions. The area must be cleared manually, and all vegetation cleared must also be removed 2