The cease and desist order required that a mitigation plan be presented at that evening's commission meeting.

The cease and desist order resulted from a site investigation by Wetlands Enforcement Officer Mary Barton on June 18, after the Land Use Office received a complaint from the first selectman's office concerning activities in a watercourse and wetlands area at 6 Baker Road and 1 Judd's Bridge Road.

During a significant rainstorm, an excavator hired by the owner of 6 Baker Road, reportedly was removing an existing lawn and creating a berm near the property line of 1 Judd's Bridge.

The site work created a path "in a delineated inland wetlands and watercourse."

Upon further investigation, Ms. Barton, assisted by the Resident State Trooper, walked through the woods from 1 Judd's Bridge Road back to 6 Baker Road.

Her investigation revealed that a path appeared to have been created earlier to cross the watercourse and delineated inland wetlands area at 6 Baker Road.

Ms. Barton reported that logs were placed across a delineated wetlands soil boundary and buffer area that access the property at 1 Judd's Bridge Road.

At its June 23 meeting, the Inland Wetland Commission upheld the cease and desist order and required: a temporary stabilization erosion plan with silt fencing and hay bales be in place by July 1; the mitigation plan be reviewed by the Northwest Conservation District; a mitigation plan be presented at the Inland Wetland Commission meeting on Tuesday, July 28.

At the July 28, IWC meeting, Mr. Moeller told commissioners he suggested that perennial rye be planted in the disturbed 392-foot area and that the logs remain so the owner can access that portion of the property.

Commission Chair Russ Dirienzo said he would prefer that wetlands seed be used.

Mr. Moeller reported he sketched the total area of exposed soil and found no evidence of soil erosion or sedimentation from that area to the brook.

Mr. Dirienzo said the commission needs a date when the logs will be removed and when the wetlands will be flagged.

The wetlands need to be flagged to determine the berm's distance to the buffer.

Mr. Moeller clarified he was not advised to send the plan to the Northwest Conservation District.

The commission reviewed the absence of the requested July 1 erosion control, the failure to send the plan for review to the Northwest Conservation District and noted that the plan presented that evening is not a mitigation plan.

Mr. Dirienzo said that after speaking with the town attorney, he would read two letters for the record from Dennis McDonald, agent for Janet O. McDonald, dated June 25 and July 1.

Mr. McDonald wrote of his concerns about how the matter has been handled by the commission. Mr. McDonald was unable to attend the July 28 meeting.

Mr. McDonald's June 25 letter cited concern with the commission's interpretation of statute 22a-40, section 4 and questioned the advanced training received by the commission.

Mr. McDonald said his soil scientist was interrupted several times at the commission's June 23 meeting, alleged a bias toward himself and his wife, requested that three IWC members recuse themselves on future votes pertaining to his property and disagreed with the commission's interpretation of statute 22a-40, section 4.

His July 1 letter cited concern with the fine placed against the contractor.

Mr. Dirienzo explained he could understand Mr. McDonald's frustration with the civil matter.

He said the June 18, unpermitted activities of crossing the wetlands with an excavator, digging a berm and placing logs, resulted in the cease and desist order and the required mitigation plan.

Mr. Dirienzo noted for the record that three members of the commission have advanced training and that he is considered an expert in the field.

Mr. Dirienzo clarified that he, not the commission, interrupted Mr. Moeller when it was suggested the violation was a conservation action.

"No one has the right to recuse another," Mr. Dirienzo said.

After a final review, the commission approved a motion to refer the complaint/enforcement of McDonald/6 Baker Road to the town attorney.

The cease and desist order is to remain in effect and a $1,000 per day fine is to be imposed. All future communication should be between the town attorney and Mr. McDonald.

Mr. Dirienzo was made aware that the construction company said it did not receive the June summons letter and company representatives would appear at the July 28 IWC meeting. A representative was not present at that evening's meeting.

As a result, the commission approved a motion that a fine of $1,000 on Elmer Lewis and Sons Construction for violation of the wetlands regulations of the town of Roxbury and the state of Connecticut would stand.

Activity executed without a permit required by the Inland Wetland Commission is a violation of section 7.1 of Roxbury's Inland Wetlands and Watercourses Regulations and Sections 22a-26 through 22-a-45 of the state General Statues.

In other business, Mr. Dirienzo reported on the commission's special meeting on June 24.

Commissioners, Roxbury Land Trust, Trout Unlimited and state Department of Environmental officials walked along the banks of Jack's Brook in Roxbury Land Trust's Tierney Preserve.

"A proposal to construct logjams in Jack's Brook for the purposes of fish habitat enhancement and stream bank restoration was reviewed," Mr. Dirienzo said. "The logjams will be made of natural wood and sunk into the stream."

The DEP, first contacted about the project in 2005, focused a study on the fish population, erosion control and habitat enhancements at the beginning of the brook, the footbridge and upstream to the waterfall.

The logjams will prevent further erosion and protect areas where fish can reproduce.

Julie Steers of the Roxbury Land Trust told the commission that the plan is to start with one structure. Once that structure is complete, the commission can inspect it and determine if the project should proceed.

"The funding is not available to be released this year," Ms. Steers said. "Our plan is to start next year when funding is available."

The commission approved the application of Roxbury Land Trust to install log structures along Jack's Brook in the Tierney Preserve as a regulated activity. The Land Use Office must be notified five days prior to work starting.

A second motion to waive the fee for the application also was approved.

Engineer Brian Neff, representing the Fulling application at 18 Falls Road for a brook restoration and driveway culvert replacement, told commissioners the plan is to remove the existing culvert and replace it with a box culvert.

Mr. Neff handed out a planting plan map and clarified that there would be no lawn in the area.

Commissioners had one concern from the site walk pertaining to a drop that will be created after the dam is removed.

Mr. Neff explained the drop is three feet and will be resloped to prevent an extreme drop.

The commission approved the Fulling application for brook restoration and driveway culvert replacement at 18 Falls Road as a regulated activity.

Kathy Castagnetta of Arthur H. Howland Associates represented the Wiant application for a singe-family home on a 45-acre parcel at 46 Southbury Road.

Ms. Castagnetta asked the commission for feedback on the project.

Mr. Dirienzo asked why a more direct driveway to the home was not selected.

"This has to do with the topography," Ms. Castagnetta explained.

Due to the wetlands crossing, commissioners recommended a box culvert. They requested the map submitted should be revised to show the wetlands delineation lines.

Ms. Castagnetta explained the wetlands area is flagged.

Commissioners asked that the driveway be flagged and house corners staked for the upcoming site walk.

Mr. Neff represented Priscilla Hennessey's application to rebuild a single-family home destroyed by fire.

Mrs. Hennessey explained that she lost her home to a fire last January. The plan for the house is the same.

Mr. Neff said the house would be rebuilt in the same footprint. He confirmed it is outside the regulated area. The septic plan has received a verbal approval by the health department.

The commission approved Mrs. Hennessey's application to rebuild a single-family home at 115 Rucum Road, destroyed by fire, as a maintenance activity and waived the fee.

Engineer Doug Divesta, representing the town of Roxbury, presented a map for cross culvert maintenance at Ranney Hill Road.

A corrugated pipe has eroded and caused a sinkhole on Ranney Hill Road. A new reinforced concrete pipe will be replaced in two phases. The repair is slated for August.

The commission approved the application from the town of Roxbury for cross culvert maintenance on Ranney Hill Road as a regulated activity.

Chairman Dirienzo thanked Commissioner Randy Ketchum, who will finish his term in August, for his 13 years of excellent service to the Inland Wetland Commission.