Waterford - Seventeen residents calling themselves Waterford Against Mining have declared intervenor status in a pending application with the Conservation Commission for a rock and gravel mine and rock-crushing plant on a site at the headwaters of Jordan Brook.

The commission has scheduled a Jan. 26 public hearing on Kobyluck Construction Co.'s application for the 37-acre site it owns off Industrial Drive, adjacent to the company's headquarters. The site is zoned for industrial use.

Kobyluck needs a Conservation Commission permit for activities at the site involving wetlands and the brook, said Town Planner Tom Wagner. A separate Kobyluck application is pending with the Planning and Zoning Commission for other approvals it would need for the project.

As an intervenor, Waterford Against Mining will receive copies of Kobyluck plans and notices of relevant meetings and will be allowed to ask questions and participate in commission proceedings on the application more than the general public, said Linda Verity, a group member.

In a Dec. 15 letter to the town, the group cited a state law, the Connecticut Environmental Policy Act, that affords citizens the right to declare intervenor status in any governmental matter that "involves conduct which has, or which is, unreasonably polluting, impairing or destroying the public trust in the air, water and other natural resources of the state." The group comprises residents who live on Vauxhall Street Extension and Douglas Lane.

"All of us have big concerns about our wells," Verity said this week. "We hear his trucks now and we understand he has a business to run. But this would involve blasting for five to 10 years, and a permanent rock processing facility."

Impacts of sediments and pollutants on Jordan Brook and adjacent wetlands on the site should be a concern for the whole town, she said, not just the immediate neighborhood. The brook and its watershed are identified in the town's plan of development for groundwater and aquifer protection efforts. The town has been working to maintain and improve water quality in the brook, Wagner said.

"It goes all the way to the Sound," Verity said, noting that the brook supports native trout and alewife. The state has built a fish ladder at its southern end.

Steve Gephard, supervising fisheries biologist for the state Department of Energy and Environmental Protection, said Jordan Brook supports a significant population of wild native brook trout.

"It's a really important species for us," he said. "They're not that common, and they're getting pushed out by development and climate change, because they really like cold water."

At the town's request, Gephard's office will be reviewing the application for its potential impacts to the trout population.

The Thames Valley Chapter of Trout Unlimited this week raised concerns about the project. In a statement emailed to The Day Wednesday, it said that no matter what precautions are taken, the rock and gravel operations would cause sediments and dust to run into the brook and impact fish populations.

"This is not the place for a gravel pit," the statement said. "Jordan Brook is one of a handful of streams in Connecticut that supports an existing wild native trout population...It is a very fragile ecosystem, susceptible to pollutants, sedimentation and changes in flow - all of which would occur should the proposal be approved."

Hendrik Verkade IV, president of the Trout Unlimited chapter, said members of the group plan to attend the public hearing. It will also submit comments, a fact sheet on Jordan Brook and its natural resource values and a list of past violations against Kobyluck in other local communities it has worked in, Verkade said. The company has been cited for permit violations at its operations in Montville and Salem, and has also drawn complaints from neighbors there about noise, dust and truck traffic.

Verkade said he is also concerned about the plans to excavate to depths of up to 60 feet.

"This is a massive hole that is sure to impact the immediate ecosystem," he said.

Company President Matthew Kobyluck said this week that he is confident the plan, which has been revised from an earlier version, has addressed all environmental concerns and is in compliance with Conservation Commission regulations. Revisions include changes in drainage patterns, so that runoff would drain away from wetlands, and the elimination of a vehicle maintenance and refueling station.

"My design team and professional consultants and hydrologists have done an enormous amount of work to meet all the design criteria that needs to be met and beyond," he said. "This is a well thought out and responsible plan that addresses all the concerns they may have."

The proposal calls for excavation of bedrock and gravel on about seven acres of the site, carving out 30 to 60 feet below the existing grade over a five- to 10-year period. Once the excavation is complete, a rock crushing plant would be located there. It would produce crushed stone, gravel for septic systems and other stone and earth products for the construction industry.

Materials to be processed would be trucked to the site from other locations. The facility would include lined basins to capture sediments, stormwater treatment systems and construction of a bridge over Jordan Brook.

Wagner said town regulations allow excavation with a special permit on a temporary basis, and that long-term rock processing facilities are not allowed. Kobyluck, however, disagrees with that interpretation, and is characterizing its proposed facility as a manufacturing operation.

In a Dec. 15 report to the Conservation Commission, Maureen FitzGerald, the town's environmental planner, said the excavation would significantly alter the terrain and change the hydrology of the wetlands. She also cited potential impacts from stormwater runoff and rock materials reaching Jordan Brook and adjacent wetlands, and from changes in groundwater flows to the brook and wetlands that could affect aquatic life.

j.benson@theday.com

If you go

What: Waterford Conservation Commission public hearing on Kobyluck Construction Co. proposal

When: 7 p.m. Jan. 26

Where: Town Hall