Legislative History for Connecticut Act

PA 16-141 HB5583 Senate 2928-2931, 2955-2956 6 Environment 1376-1388, 1464-1466, 92 1869, 2016-2090 House Transcripts have not been received. They are available 98 on CGA website, but are not the Official copy. Contact House Clerk for assistance (860) 240-0400

Transcripts from the Joint Standing Committee Public Hearing(s) and/or Senate and House of Representatives Proceedings

Connecticut State Library Compiled 2017 S - 699

CONNECTICUT GENERAL ASSEMBLY SENATE

PROCEEDINGS 2016

VOL. 59 PART 9 2751 – 3097

002928 /je 178 SENATE May 4, 2016

SENATOR DUFF (25TH) :

Madam President? Madam President?

THE CHAIR:

Yes, Senator Duff.

SENATOR DUFF (25TH):

Thank you, Madam President. Just two quick things. One is on Calendar Page 35, Calendar 369, Senate Joint Resolution Number 36, and Calendar Page 32, Calendar 92, Senate Bill 210, I move for immediate transmittal to the House of Representatives.

THE CHAIR:

So ordered. Mr. Clerk.

THE CLERK:

Page 19, Calendar Number 514, House Bill Number 5583, AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

THE CHAIR:

Senator Kennedy.

SENATOR KENNEDY (12TH):

Yes, Madam President, I move acceptance of the Joint Committee's favorable report and passage of the bill in concurrence with the House of Representatives. 0 002929 /je 179 SENATE May 4, 2016

0 THE CHAIR:

Please continue. Please continue, Senator.

SENATOR KENNEDY (12TH):

All right. From the top, I move acceptance of the Joint Committee's favorable- report and passage of the bill in concurrence with the House of Representatives.

THE CHAIR:

Please continue.

SENATOR KENNEDY (12TH):

Thank you, Madam President. The title of this bill really succinctly describes what this bill does. It 0 requires the DEEP commissioner to enter into an agreement with the town of East Haddam and the Bashan Lake Association regarding period drawdowns of Bashan Lake. There is an annual administrative process by which towns are required to ask DEEP to draw down and raise water levels at lakes, but as DEEP is short staffed and this can be slow to respond, this bill simply asks DEEP to enter into an agreement with the town to give the town more control over its water level. I ask my colleagues to pass this bill.

THE CHAIR:

Will you remark? Will you remark further? SENATOR CHAPIN.

SENATOR CHAPIN (30TH): 002930 /je 180 SENATE May 4, 2016

0 Thank you, Madam President. Madam President, I rise in support of the bill before us. I concur with the comments made by the Chair of the Environment Committee, and I encourage my colleagues to support it.

Thank you, Madam President.

THE CHAIR:

Thank you very much. Will you remark? Senator Linares.

SENATOR LINARES (33RD):

Madam President. I rise to support this bill today. I would like to thank the Chairman of the Environment Committee, sorry it's getting late, it's getting late in the session here. I'd like to thank 0 the Chairman of the Environment Committee, Senator Kennedy and the Ranking Member of Environment, Senator Chapin, for their work on this piece of legislation. I'd also like to thank the introducer, Representative Melissa Ziobron, who has joined us in ~he Chamber this evening. She has been working hard and diligently on this issue for her [inaudible]. She first entered the House of Representatives, so she is owed a tremendous amount of credit for passing this bill in the Senate today.

Ultimately, this will do a great thing for the people of East Haddam, the people who live on Bashan Lake, getting them more involved in the process of drawing down the lake so that they can make sure that ultimately it is kept and maintained to the best of their ability so that they can protect the lake and their property. This is a great thing for 0 002931 /je 181 SENATE May 4, 2016

0 the people of East Haddam, and I urge adoption. Thank you.

THE CHAIR:

Will you remark? Will you remark? Senator Kennedy.

SENATOR KENNEDY (12TH):

If there are no further comments, and there is no .objection, I'd ask that this be placed on the Consent Calendar.

'THE CHAIR:

So ordered. Mr. Clerk.

THE CLERK:

0 Page 28, Calendar Number 575, Substitute for House Bill Number 5332, AN ACT CONCERNING THE GOVERNOR'S SCHOLARSHIP PROGRAM, as amended by House Amendment Schedule A, LCO 553, and B, LCO 5714.

THE CHAIR:

Senator Bartolomeo, for what reason do you rise?

SENATOR BARTOLOMEO (13TH):

Hi, Madam President. Madam President, I rise to move acceptance of the Joint Committee's joint favorable report and to urge passage of this bill in concurrence with the House of Representatives.

THE CHAIR:

Please continue. 0 002955 /je 205 SENATE May 4, 2016 0 I'm ready.

THE CHAIR:

Would you please call off the Consent Calendar, sir.

THE CLERK:

On page 6, Calendar 389, House Bill 5177; page 8, Calendar 419, House Bill 5606; page 11, Calendar 448, House Bill 5546; page 11, Calendar 445, House Bill 5328; page 12, Calendar 456, House Bill 5277; page 13, Calendar 474, House Bill 5383; page 14, Calendar 483, House Bill 5279; page 16, Calendar 494, House Bill 5496; page 17, Calendar 495, House Bill 5324; page 19, Calendar 514, House Bill 5583; page 21, Calendar 529, House Bill 5466; page 23, Calendar 543, House Bill 5587; page 23, Calendar 0 542, House Bill 5437; page 25, Calendar 554, House Bill 5642; page 25, Calendar 556, House Bill 5245; page 26, Calendar 561, House Bill 5340; page 26, Calendar 562, House Bill 5247; page 30, Calendar 589, House bill 5469; page 31, Calendar 592, House Bill 5636; page 37, Calendar 397, House Joint Resolution Number 25.

THE CHAIR:

Mr. Clerk. Will you please call for a roll call vote on Consent Calendar 1. The machine will be open.

THE CLERK:

Immediate roll call has been ordered in the Senate. Immediate roll call on Consent Calendar Number 1 has been ordered in the Senate. 0 002956 /je 206 SENATE May 4, 2016

0 THE CHAIR:

All members have voted? All members have voted? The machine will be closed. Mr. Clerk, will you please call the tally on Consent Calendar 1.

THE CLERK:

On Consent Calendar 1,

Total Number Voting 36 Those voting Yea 36 Those voting Nay 0 Absent and not voting 0

THE CHAIR:

The bill passes. Senator Duff.

0 SENATOR DUFF (25TH):

Thank you, Madam President. For some markings, please.

THE CHAIR:

Please proceed, sir.

SENATOR DUFF (25TH) :

Thank you, Madam President. If I could mark three items Go. Calendar page 23, Calendar 541, House Bill 5376; followed by Calendar page 2, Calendar 538, House Bill 5233; followed by Calendar page 3, Calendar 272, Senate Bill 388.

THE CHAIR: JOINT STANDING COMMITTEE HEARINGS

ENVIRONMENT PART 3 1209 – 1746

2016

001376 1 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M. c CHAIRPERSONS: Senator Kennedy and Rep. Albis, Senator Moore and Rep. Arconti, Senator Ch~pin and Rep. Shaban

SENATORS: Linares

REPRESENTATIVES: Byron, Carney, Case, Demicco, Dillon, Dubitsky, Gresko, Hennessy, McGorty, Megna, Miller, Mulligan, Mushinsky, Piscopo, Ryan, Scanlon, Stafstrom, Tong, Tweedie, Urban, Willis, Ziobron

UNIDENTIFIED SPEAKER: I appreciate everybody sticking around today. First, I'd like to call up Phil Aston to testify. Phil Ashton will be followed by Senator Linares. c UNIDENFITIED SPEAKER: Good afternoon sir, could you please hit the red button to turn your microphone one. Thank you.

PHIL ASTHON: Good afternoon. My name is Phil Ashton, I'm a resident of Meriden and I'm a part-time resident of East Haddam and I'm here to speak on RAISED BILL 5583. CONCERNING THE WATER LEVELS ON BASHAN LAKE. As I said, I'm a resident of Meriden, about 67 years ago, I discovered Bashan Lake, one of the finest lakes that I've ever seen and a few years later I was fortunate enough to be able to buy a parcel of land on it and we've enjoyed that ever since. I'm President of the Field Stone Association and. past President of the Bashan Lake Association. I'm participating in the activities of the lake and its governess for many, many years. Our problem today, and the problem we c 001377 2 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

want to speak to, is to try and get the town to take over the control of the lake and its drawdown.

The town is proximate to the lake, the dam, and a brand new dam, which we appreciate and they are well geared to handle it in a much more efficient manner than the State does. In fact, the reason that this all came to a head is that when the dam was done, it was late in being completed and still the pond is not filled; it is down about 7 feet and we look towards a nice dry summer where we have lots of beach and not too much water and this is a very serious problem to the lake residents, and we would like to have it changed. There is no reason on earth that it cannot be handled by the town. DEP brings up that they don't dare release it because, they don't say it, but it's a sovereign immunity doctrine, but the State is not and has not handled it well.

I've experienced personally about $10 thousand dollars' worth of damage to walls in front of the cottage where the State was very late in lowering the lake. When we had the dam rebuilt, I appeared before a group of about 120 people who were extremely uneasy about having the drawdown start and the dam work be finished as it was proposed. I argued and I'll tell why, that it let the State do it, they are capable of doing it. Well, I'm a graduate mechanical engineer, licensed electrical engineer, and I've done an awful lot of civil engineering. I have served 20 years as Chairman of a Flood Control Agency and I sit on the Connecticut Signing Counsel and have confronted many professional problems there. I think I'm fully qualified and the State let us down.

The dam was supposed to be finish and the gate closed in February and it wasn't until June that it happened. We had runoff that had to be flushed down the river ------~·~.------001378 3 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

c and that was the cause in fact that now we have an 18 flood deficit, which is about half finished. But, we need a solution permanently and the town has the capability of doing it. They have a capable Director of Public Works and I don't know whether she is going to testify or not, but certainly the town can handle it. This is not rocket science. The State is welcome certainly to dictate how far down the lake should be drawn to protect everything that is natural, but the public and the residence have the right to have their properties protected and that's why I'm here pleading for favorable action on this Bill, which will transfer the drawdown to the town, nothing changes as far as the "creepy crawly" things go, quite to the contrary, I think that they will get a better deal out of this. We need your help.

UNIDENTIFIED SPEAKER: Can you please summarize.

PHIL ASTHON: I'm summarizing right now. We need your c help and I hope you will approve the bill. Thank you very much.

REP. ALBIS (99TH): Thank you. Thank you for coming to testify today. Are there any questions for Mr. Ashton? Representative Demicco.

REP. DEMICCO (21ST): Thank you Mr. Chairman. Mr. Ashton, just so that I'm clear and understand. Is the State currently doing an inadequate job of this procedure? Would you say?

PHIL ASHTON: The state has done an inadequate job for many years. They did not drawdown the lake at all about 20 years ago and the upshot was the walls along the front of my cottage were destroyed and the figure for repair was $10 thousand bucks back then, it's not going to get done now. It has been a nonresponsive c 001379 4 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

reply. We have very qualified, eight members of the Bashan Lake Association who said we would open the gate and close it, per your instructions, but "no, we can't let you get on the dam, it's the doctrine of sovereign immunity that their worried about. But, we are not asking for any change in the overall procedure as seen by the --. We just want absolute assurance, which the town will give us, we believe, that we can get the job done right.

REP. DEMICCO (21ST): Thank you sir. Thank you Mr. Chair.

REP. ALBIS (99TH): Thank you Representative. Any other questions for Mr. Ashton. Seeing none. Thank you very much for your testimony. Next is Senator Linares and he will be followed by Representative Mushinsky. And just as a reminder, as we typically do, we will have the first hour of testimony reserved for public officials and then we will move on to alternating between public officials and members of the public.

SENATOR LINARES (33RD): Senator Kennedy, Representative Albis, Senator Chapin, Representative Shaban, and Members of the Environmental Committee. The Environment Committee, thank you for allowing us to be here today to testify in support of HOUSE BILL 5583, this Bill would have the Department of Energy and Environmental Protection enter into an agreement with the town of East Haddam and the Bashan Lake Association regarding a schedule for annual water level drawdowns of Bashan Lake.

With me today, I have a constituent, his name is William Denya, and I think it's safe to say that he knows more about this lake than most people. He has been living by Bashan Lake since he was an infant and 001380 5 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M. c he is here today. If the Chairs would indulge me, he is here today to speak on this matter and before I yield my time, I would like to thank Representative Melissa Ziobron for her advocacy on this Bill. With that said, it's my honor to introduce Mr. Denya.

WILLIAM DENYA: Thank you Committee Members. Like Mr. Linares said, I've been living on the lake since I was an infant, seasonal and I live there full-time and I want to be in support of. BILL 5583 and what's that's going to do is give us a more solid stance on the annual water level to protect the erosion of the lake walls, destruction of stone walls, cement walls. But, before I even go any further, you've got to remember the design of the lake and the turn of the century, they built a dam that was 18 feet deep, which was replaced shortly, but that dam that was 18 feet, powered the mills in Moodus, which they had 12+ mills, so every year the water would go down and give the property owners opportunity to build walls and protect c the erosion that would fall into the lake. With that said, we want to continue that and not have a hardship with DEP every year to draw the water down.

Also, they just replaced the dam last year and again you heard before, the dam was supposed to be closed and finished, the gate was supposed to be closed on February 1st and DEP didn't finish the project until June 1st, left the whole summer, we had a drought during the summer, so the water was continuing to be down about 14 feet and with that said, we had quite a food weeds come in from cattails to phragmites, which we never had those before in Bashan Lake. Bashan bottom is normally a clear bottom, it's a bank-run gravel, I dove it when I was a kid and very weed-free, one of the cleanest lakes in Connecticut. So, we're looking at an opportunity in front of us with this Bill to lower the water on a flexible level. If we c 001381 6 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

can't control the weeds, that the weeds do not drown out, that say in September, the first week in September, we would have the ability to draw that water down, 6 to 8 feet, treat the weeds, maybe one time, two times, kill that root from the phragmites and then we could lower the lake as a normal level, 3 to 4 feet on an annual consensus with the Town of East Haddam. I think that's pretty much what I want to say, the reason I want "variable again" is I want to be able to control the weeds invasion. We never had them before, Senator Kennedy and Representative Albis; you've been to Bashan Lake and I had an opportunity to meet you and you could see the weed problem that was there. The residents to have the lake the way it was in 2013 and 2014, that's what they want. It was a crystal clear lake, it was a weed-free lake, that's the design of the lake and that's what they want.

What I don't want, is to keep the level high, keep the water level high and now we have problems with swimmers and you heard, or I heard in the past, the swimmers getting tangled up in the weeds and in some cases dying because they drown. So, that is what we don't want. With that said, I urge you to support this Bill. I will take any questions. When, if this Bill does come out, and you do have language change, I and the Association would like to be involved in that language change. And, I will take any questions.

REP. ALBIS (99TH): Thank you very much for your testimony today. Senator Kennedy.

SENATOR KENNEDY (12TH): Thank you very much for taking the time to come to the Environment Committee today. I have a question regarding, I was intrigued by what you said about how the lake used to power a lot of industry along the Connecticut River in the Town of Moodus, and the implication was that it was 001382 7 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M. c built up very quickly. My impression when I came out to visit you and Representative Ziobron was that the lake was filling up very slowly. So, can you please clarify like how quickly the lake can fill up? Because, you're talking about wanting to draw this down and fill it up, kind of on a routine basis, and I don't know if you have any data on how quickly a lake like this could be filled up?

WILLIAM DENYA: I do, normally annually the DEP would draw the water down and this is currently in the last 10 years; prior to that the town would take and do it themselves. We would draw it down, right around October; November we would draw it down 3 to 4 feet; it would protect the walls and come February 1st or March 1st, I make a phone call and call up the DEP and they close the dam. I've been tracking it for the past 7 years and how quickly, depending on the rainfall; we do have a small watershed, but it is c spring fed from February 28th, March 1st one year because we had a lot of rain and we filled up in 10 days. This past year, because it got closed in June, all of Connecticut was in a drought, all the way until late in the season. So, that's where we are now. On a normal basis, we close the dam, February 28th the dam was closed; remember that date, February 28th/March 1st and the third week in April is fishing season and that is when the lake is full.

SENATOR KENNEDY (12TH): Thank you very much.

REP. ALBIS (99TH): Thank you very much. Any further questions? Representative Mushinsky.

REP. MUSHINSKY (85TH): Thank you. Did you do the usual procedure for asking for the dam closure in February? There is an administrative procedure in c place, did you use it? II

0013~3 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

WILLIAM DENYA: They normally would close the dam, DEP would close the dam February 28th to the first week of March and I would make a phone call up there.

REP. MUSHINSKY (85TH): Okay, so what happened this time? Did they say no?

WILLIAM DENYA: No, no. They would close the dam. This past season they couldn't do anything because the water was still down 14 feet. They were supposed to have, again the dam closed and project completed February 1st and they were going to close the dam on February 1st; this was last year of course and the project didn't get completed until June 1st, so you lost all that snow fall and rainfall, that if the water came in the lake and they did complete their contract as they expressed and stated to all the residents of East Haddam, not only on the lake, then we would've had all that rainfall that would come in and all the snow fall would have melted out and we would have probably gained another maybe 6 or 8 feet of water, so we wouldn't have been down 14 feet, we would've been down maybe 7 feet. So, because the water was down so low and the lakebed is so fertile, that is when the phragmites came in and we called DEP, the representative there and came out and we are trying to control these phragmites.

What I and the residents fear the most is what happened to Lake Beseck. The same thing happened, the phragmites came in, they said they were going to be drowned out, but they don't drown out, they growing in up to 6 feet of water that State Representative Buddy Altobello went up there and actually was in the news on that. That's what I don't want to happen to Bashan. 001384 9 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M. c Now, Lake Beseck has a law there now that they will draw the water down on November 1st and close the dam again on February 28th. Had they had a flexibility like we're asking, they would've drawn the water down the first week of September, draw it down 6 or 8 feet, treat those phragmites, kill the root, and then be able to draw the water back up. So, now Lake Beseck is in quite of a mess right now.

REP. MUSHINSKY (85TH): Thank Mr. Chairman. I'm just trying to determine how this could have happened. DEP's testimony is that they want to manage the resources and they have just a few staff and they can't spend all their deployment of resources on one lake and I'm wondering if you worked out an arrangement with them, on what should happen every year, could a contractor or a consultant do it instead of the agency? That the agency would agree to the consultant and that they would do the actual drawdown? c WILLIAM DENYA: I believe that 15 years ago, up to 10 years ago, said that the town had control of the dam. Probably in October they would draw the water down. And, remember when you're going to draw a lake that size down 260 acre lake, it's going to take a month to draw the water down 3 to 4 feet. Normally, they went to 4 feet. Now, it gave the property owners a chance to shore up their walls. And, what is also did, is that, that 4 feet that was gone, now you have shoreline and that would eliminate the weeds, especially where you're swimming. Come February 28th/March 1st the dam would always be closed and we would always, always, always, except for one year when I was tracking it, we would also have a full lake come fishing season and that was most important for the fisherman because there is a State boat launch on Bashan Lake. c 001385 10 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

As far as having DEP do it, or a separate contractor do it, it doesn't matter that much. The town did not and does not have permission to go on State property and we have a new dam that they have boards, the pretty thick boards, maybe 6 to 8 inches and what DEP will do, is if we say we want to go down 4 feet, they will take out 4 feet of those boards, and believe me, it's only going into an area that is 3 feet by however deep the lake is and it is still going to take a month to draw that water down and that is depending on the rainfall. Once those boards are taken out, it's going to maintain all the way until March 1st and then you put the boards in and we want to assure a full lake for the third week in April which is fishing season.

REP. MUSHINSKY (85TH): Okay, I'm just thinking that you might be able to work this out with the criteria that are important to you and to saving the aquatic animals as well, and work something out and then have a contractor help you with the timing. Because, I know just in my area, there have been problems when somebody takes it upon themselves to open up the dam at the wrong time. For example, in Meriden, they just stocked all the trout and then somebody opened the dam for a sporting event and all the trout went down the river, which if somebody had coordinated that better, we wouldn't have lost the resources. So, I think that DEP must probably, I'll let them speak for themselves, but I'm sure they're concerned about unintended consequences for the resource as well.

WILLIAM DENYA: Let me clarify this. We don't open the dam; no one has the key to the dam. The State has the key to that dam, to pull the boards out. We're not asking for that key. If they want to work something out with the Town, but the Bashan Lake Association, we're its members; I don't believe we want the responsibility on that. So, it would either 001386 11 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M. c be the Town or the State. The person that was doing it was the same fellow was helping run Gillette Castle, maintaining that and maintaining Devil's Hopyard; it was the same person that would check levels and whatnot.

REP. ALBIS (99TH): Thank you Representative. Any further questions? Representative Ziobron.

REP. ZIOBRON (34TH): Thank you Mr. Chair and welcome Bill and thank you Senator Linares for being here to talk about this issue. You know, I think it is just worth also saying how much I really appreciate the Co Chairs of this committee visiting my district and seeing the condition of the lake, which brings us here today. And, while I have the utmost for DEP Staff and certainly commissioner, to be frank DEP dropped the ball on this issue in my community and they did so in a way that was devastating to the lake, not just the residents of the lake, but the natural species inside c of the lake. And, I just got done reading the testimony that Representative Mushinsky just pointed out. It was just posted today; otherwise I would've had some prepared remarks about it. But, I want to give Mr. Denya an opportunity to just clarify. The reason why this is such an issue is because they are trying to deal with invasive weeds in the lake, as much without chemicals as possible, which is why they agreed to the extensive drawdown, in order to freeze the lakebed. And, when the dam was not completed on time, it exposed the lakebeds to all kinds of seedlings. And so, I think just to clarify and Mr. Denya maybe can explain why it's so similar to Lake Beseck, that that was the first time the lake had exposed at that limit and had an opportunity for weeds to germinate and maybe you could talk just quickly about that for a moment and why that exacerbated existing problems. c 001387 12 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

WILLIAM DENYA: Like I said earlier, the lakebed was bank-run gravel at the turn of the century, hand dugout the coves and whatnot, but being down initially 18 feet and with the drought that came in, and DEP not completing their obligation that they said to the residents in meetings, prior meetings to this. They were going to close that dam February 1st, which would have given Bashan the opportunity to raise that water level. That didn't happen and the weeds flourished, as tall as me in some of the coves. There is pictures on top of pictures. You take a cove that was drawn down 18 feet, it was in November. It was pretty much down and all's you saw was the bottom of the lake with no seedlings, no phragmites, no cattails, no small trees, and like I said, we wanted that to happen. We wanted it to freeze the milfoil that is in the lake. Everything would've probably went a lot better if the contract was completed by DEP, February 1st. Again, it wasn't until June 1st that it was completed and we had a drought through the summer. But, it's essential right now to put the lake back to where it is and that is why we need the flexibility to draw the water down and treat these weeds accordingly.

REP. ZIOBRON (34TH): Thank you Mr. Denya. And, if I may, through you Mr. Chair, just to follow up. So, the legislation is not being done in a vacuum. If, I recall the legislation is in consultation with DEP and the Town of East Haddam and the Bashan Lake Association, and I think this legislation was mirrored with existing State law regarding Lake Beseck and that's why the wording of flexibility was added. And so, I hope that people recognize this isn't just about stone walls and people's property, but it's really about restoring the lake to its natural habitat. This is one of the most used lakes in the area, not just by residents, by hundreds of people throughout the State 001388 13 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M. c of Connecticut that come to Bashan Lake for fishing and for other opportunities and I appreciate you being here today, Mr. Denya, and thank you Senator Linares for your advocacy. Thank you, Mr. Chair.

REP. ALBIS (99TH): Thank you Representative. Any further questions from members of the Committee? Seeing none. Thank you very much for your testimony Mr. Denya. Thank you Senator. Next on our list is Representative Linda Orange followed by Senator Tony Guglielmo.

REP. ORANGE (48TH): Good afternoon Chairman, ranking members, and distinguished members of the Environment Committee. For the record, my name is Linda Orange and I represent the 48TH Assembly District and I just want to put in a plug before we start with this Bill, about Bashan Lake.

Bashan Lake, I used to represent the Town of East c Haddam/Moodus and Bashan Lake, we worked on that lake; Eileen Daily, former State Senator, the late Eileen Dailey and I, years and years ago and it was pristine, so I hope that you can help out.

But, actually I'm here with my friend, Arthur Liverant from Colchester and we are here opposing HOUSE BILL --~578, AN ACT PROHIBITING THE SALE AND TRADE OF IVORY AND RHINOCERUS HORNS. And so I know these hearings are running late today and everything, so I will relinquish my time, if I may, to Arthur.

ARTHUR LIVERANT: Than you Linda. Thank you Chairman Albis, Chairman Kennedy, and members of the esteemed Environment Committee; as Linda introduced me, my name is Arthur Liverant and I'm a resident of Colchester and proprietor of our family antique shop in Colchester which spans three generations and 96 years. c ------l~d------001464 89 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M. c a destructive process. The only noninvasive process to identify ivory is visual and there are elements of the material that will help you identify the difference between elephant ivory, whale ivory, walrus ivory. They all have a different grain pattern and so that will help us. So, any sort of scientific test will be destructive to the object.

REP. ALBIS (99TH): Are you all set representative? Any other questions for Mr. Tulirnieri? Seeing none. Thank you very much for your testimony.

KEVIN TULIMIERI: You're welcome. Thank you all.

REP. ALBIS (99TH): Next up is Sue Deguzis and she will be followed by Eric Brown.

SUE DEGUZIS: Hi, my name is Sue Deguzis. I have a seasonal horne on Bashan Lake and I'm here speaking in favor of HOUSE BILL 5583. Thank you all for hearing c us today. This Bill would guarantee an annual water level drawdown of the lake, so that residents can address walls and weeds. I'd like to speak about invasive weeds. We bought our house one October, deep in one of the coves on the lake and the following April, a boat carne by and threw a float out right in front of dock that said "heavy rnilfoil area, keep out." Milfoil is an invasive aquatic weed that grows close to the surface of the water. It encroached on our swim area that year and in six short years it overtook the entire cove. Invasive weeds are just that, they take over. So, draining Bashan Lake and leaving the coves there from November 2014 through January 2015, in order to complete the darn project was expected to be a way to eliminate rnilfoil in the coves. Unfortunately, due to DEP's mismanagement of that project, the darn wasn't closed until June 1, 2015 c and the coves remained empty all surnrn@r and turned I I 001465 90 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

into wetlands area. Now, another extremely aggressive and invasive weed has taken hold in the coves. Phragmites, supposedly a wetlands weed, has proven itself to be able to grow in water up to 6 feet deep. It grows tall above the surface of the water. Bashan Lake is at risk of losing it shorelines, the ends of the coves, and the State Boat Launch to this aggressive and invasive weed. My waterfront is only 3 feet deep and is at risk.

DEP will tell you that there is nothing to worry about. That, when the water returns, the coves will change from a wetlands ecosystem back into a lake ecosystem and the weeds will die, but they are sticking their heads in the sand by not acknowledging this problem. The fact is, Lake Beseck, due to another delayed dam project by DEP, has cattails and phragmites growing in deep water and it's been a year and a half since the dam was completed.

I'd like to read a quote that I received from the President of the Lake Beseck Association this past Tuesday. uYes, we still had phragmites growing in 4 to 5 feet of water at the end of the season, in the area that we are concerned about, as it is problematic with residents navigating to and from properties, creates recreational issues, and will continue to spread according to our limnologist." Please vote this Bill through so that we can have the flexibility to draw the water down in Bashan Lake as needed, to fight these aggressive and invasive weeds. Please help us to save Bashan Lake.

REP. ALBIS (99TH): Thank you very much for your testimony. Representative Ziobron.

REP. ZIOBRON (34TH): Thank you very much Mr. Chair, and I would just note, I think he pronounces your last ------'1-'"''------001466 91 March 11, 2016 lam/me ENVIRONMENT COMMITTEE 12:30 P.M.

c ·name better than I do, which is pretty remarkable. I just wanted to ask you, I see you just got this update from the President of Lake Beseck, was that recent that they still have them? And, how deep are those phragmites still surviving in?

SUE DEGUZIS: They have a significant problem. It is still growing in 4 to 5 feet of water. DEP was out there last year and they looked at it, they wrote a report about how it's going to change and everything is going to die. Their limnologist has reputed that report, and gone back to DEP, but they're not getting any response.

REP. ZIOBRON (34TH): Thank you and I think that it's important for us to understand. I mean, phragmites, we think of it typically as a coastal invasive plant, having it in these inland waters is concerning, and I think for us as a legislative body, I know there is many of us who are very supportive of the lake, that c invasive species grants for lake management, and I believe that for whatever reason, phragmites is not listed as one of the species that you can apply to have financial support to mitigate. So I think we need to look more at phragmites, not just as a coastal impact, but in inland waters as well. And, I really appreciate you doing your research and bringing this information forwarded, and I just want to thank you for being here, I know you have been here probably about six hours today and I really appreciate your advocacy on behalf of Bashan Lake, and for everybody who not only lives there but enjoys it. Thank you.

REP. ALBIS (99TH): Any other questions? Seeing none. Thank you very much for your testimony. Eric Brown is next followed by Shannon Laun. c JOINT STANDING COMMITTEE HEARINGS

ENVIRONMENT PART 4 1747 – 2103

2016

'•Ill 001869

1 Mark B. Walter ,d~:dm:ett s ®ffit:e First Selectman TOWN OFFICI; BUILDING Susan C. Link EAST HADDAM Ernest P. Malavasi CONNECIIctiT Selectmen 06423 Office: 860-873-5021 Fax: S60-873-5D25 Email: [email protected] March 10, 2016

Environment Committee Legislative Office Bu1fding Hartford, CT

Reference: RAISED HOUSE BILL, NO. 5583 AN ACTCONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADOAM

Members oftlie Environment Committe?,

Thank you for the oppo@mity to comment on Raised H. S. No. 5.583 "An Act Concerning an Agreement Reg~rding Annual Water Level Draw Downs at Bashan Lake in the Town of East Haddam".

I am writing this testimony in support of H. B. No. 5583. The Town of East Haddam Is very involved with the Bashan Lake Association in helping keep the lake water clean for all residents. The Town helps with water runoff needs, clearing of storni drains and diverting water into marsh land. The Town also supports our lakes with monetary contributions to help fund weed control.

The· main purpose of the bill Is for the Bashan Lake AssoCiation and the ToWn of East Haddam to have the flexibility to determine when and how much the water will be drawn down at Bash an Lake. Lake draw downs are critical in preventing damage to the retaining walls which keep most soil erosion from entering into the lake. Draw downs are also necessary to maintain our weed control measures which assures~ access to recreational areas; provides a safe environment for ail swimmers, prevents hazardous boating situations and protects property values.

The Bash an Lake Association and the Town of East Haddam would be responsible partners in evaluating and accomplishing whatever actions are in t.he best interest of our lakes. Please don't hesitate to contact me at 860-873-5021 if you have any questions or concerns.

Sincerely, /~d,d~, Mark .B. Walter First Selectman

Equal Opportunity Employer ~ 002016

"" ". :-~ I . ·: ... :c: ... J ···.:: .·-

Good Day,

My name is Martha Santoemma and I am writing to let you know that I finuly support of House Bill .55f!3, An Act concerning the agreement regarding the annual water level drawdowns of Bashan Lake in the Town of East Haddam Connecticut.

This bill is important to more than just d1e residents of Bashan Lake and hope that improvements can be made in the management of Bashan Lake in East Haddam. I have owned lake front property for over 10 years, and like other owners, visitors and residents of Connecticut, want to keep this crystal clear body of water abundant with wildlife and all fisheries of the lake. We can do this by d1e state allowing us to actively participate in ensuring that it stays that way.

Even though recent activity concerning the Dam restoration was needed and gready improved the safety of the lake for years to come, the project was delayed over the previous winter and the effects on the lake were devastating. The lakes drawdown resulted in water levels never retutning which made it very difficult to prevent invasive weeds from taking over all of the shoreline and the fish we have lost. Why is it that when lake owners tried to be pro-active, the state stepped in and prevented this from happening? The Bashan Lake Association had a fund drive that was supported by the town to raise the neede<:l funds tQ help in d1e removal of these weeds.

Over the years, we have managed to have the state agree to let the lake down iliree to five feet in the fall to protect waterfront walls and docks from being destroyed by the cmshing effects of ice while also tt:ying to resolve invasive weed problems at d1e same time. Tllis drawdown also allows the stewards of the lake to clean up of areas along the shoreline. For several years now it has always been the concerning to the community that the people in charge of the drawdown are not monitoring the process to ensure the proper levels. We now see that is apparent even more so, due to the previous stoppage of the state helping us control the invasive weed problem that was created because the state did not do their part.

I would ask you now that the control and monitoring of the water level be the responsibility of the Town of East Haddam and the Bashan Lake Association. We are ve1y responsible human beings with a big cause to bring back recreation, habitat for wildlife and a lot of whole family fun to one of the cleanest, clearest lakes in Connecticut.

In closing, I would like to thank both Senator Kennedy and Representative Albis for visiting the lake dlis past sUU11ller and ask for their support in voting this Bill out of C61ll1llittee.

Sincerely,

Mard1a Santoemma 1 Juniper Drive Nord1 Haven, CT 06473 IIIII· 002017

I am a property owner at Bashan lake and support the annual drawdown. I urge you to do so as well. Thank you.

Patricia E Smith IIIII> 002018

17 Acorn Lane Bristol, CT 06010

March 3, 2016

Environment Committee Legislative Office Building, Room 3200 Hartford, CT 06106

Dear Committee Members:

I'm writing in support of House Bill number 5583. An Act Concerning An Agreement Regarding the Annual Water Level of Bashan Lake in the Town of East Haddam.

I'm a seasonal resident on Bashan Lake in East Haddam. In the 20 plus years that I've been on the lake, I've seen first hand how quickly invasive milfoil took over the cove that my house is on. We went from a small patch in front of my house to having the entire cove filled in less than 6 years.

So, when residents first learned in 2012 that the DEEP was planning a dam repair that would require lowering the lake by 18 feet, many people were thinking that this could be what was needed to eliminate the milfoil. But little did we know that the dam project would leave us with an even worse problem. Although we were originally told that the dam would be completed by February 1, 2015, the dam wasn't actually closed until June 1, 2015. By then the lake was still down 14 feet and the coves turned into wetland areas that became infested with a variety of wetland weeds, including cat tails and invasive phragmites.

Those 2 weeds are capable of growing in deeper water and grow tall above the water. On Lake Beseck those weeds have cut residents off from their docks and recreation areas. Cat tails spread through the coves like wild fire last summer and phragmites is an extremely aggressive invasive weed that if left unchecked will out perform the cat tails. So, as the water level rises and the cat tails and phragmites continue growing in deeper water there may be a need to lower the level of water in the lake by various amounts and during various times to ensure proper remediation.

We need to have the lake drawn down on an annual basis and we need a flexible approach to the water draw down. The water draw down will protect waterfront walls from being destroyed by ice damage and it will allow for continued remediation of invasive weeds.

Bashan Lake residents and members of the Bashan Lake Association (BLA) are passionate about our lake and have shown over the years what they're willing to do to ensure the proper care of this lake. The BLAis ready and willing to relay to the Town of East Haddam when and how much the lake should be lowered and they can be relied on to take that responsibility seriously.

Thank you for raising this bill and I strongly urge that you vote to pass it.

Sincerely,

Susan E. Deguzis IIIII' 002019

Please pass bill - it is very important to the upkeep of our beautiful lake.

Susan Wasowicz

property: 75 Lakeside Drive East Haddam

Home Address: P.O. Box 115 Rockfall, Ct. 06481 002020

12 Fieldstones Rd East Haddam, CT 06423

February 24, 2016

Environment Committee legislative Office Building, Room 3200 Hartford, CT 06106

Dear Committee Members:

I'm writing in support of House Bill number 5583. An Act Concerning An Agreement Regarding the Annual Water level of Bashan lake in the Town of East Haddam.

I'm a lifelong resident of Bashan lake in East Haddam and as president of the Bashan lake Association, I represent approximately 200 members of the association. My concern is that we need the lake's water to be drawn down on an annual basis and we need a flexible approach to the water draw down. The water draw down will protect the property owner's waterfront walls from being destroyed by ice damage and it will allow for continued remediation of invasive weeds to ensure the safety of our swimmers.

Having grown up on the lake, I know that the water was drawn down every year because that was the "design" of the lake years ago. The water was drawn down to power the Mills in Moodus Center. The property owners knew this and took the time and money to invest in building stone and concrete walls in order to prevent top soil erosion on their waterfronts. This has enabled Bash an lake to remain one of the cleanest lakes in the State. Unfortunately we have evidence of the damage done to these walls by ice when the lake has not been lowered in more recent years.

In 2014 the DEEP undertook a project to repair the dam on Bash an lake. This project necessitated the lowering of the lake by 18 feet, leaving all the coves bare. Unfortunately due to multiple delays in the contracting and building processes the project wasn't completed as expected by February 1, 2015. In fact the dam wasn't closed to start collecting water until June 1, 2015. Because we missed capturing the snow run off and because of the draught last summer, the coves were turned into wetland areas and became breeding grounds for a multitude of wetland weeds, including cat tails and invasive phragmites.

Due to lack of hurricane rains last fall and minimal snow fall this winter, the expectation is that water will still be down in our coves during the summer of 2016. So the coves are at high risk to have an ongoing issue with these wetland weeds. Experts have told us that it will takes years to resolve this problem. Cat tails will grow in 2 -3 feet of water and can form floating mats in deeper water. Phragmites is an aggressive, invasive species that has the ability to adapt to growing in deeper water. Both weeds grow tall and extend above the surface of the water. So, as the water level rises and the cat tails and phragmites start growing in deeper water there may be a need to lower the level of water in the lake by various amounts and during various times to ensure proper remediation.

Residents of Bash an lake, members of the Bash an lake Association (BLA), and the Town of East Haddam are passionate about our lake. The BlA has worked hand in hand with the Town of East Haddam for -years and both have spent countless hours and large sums of money to ensure the proper care of this lake. We are the best stewards of the lake and best suited to determine when and by how much the lake needs to be lowered. ,,,., 002021

Environment Committee Public Testimony March 11, 2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

I am writing as a property owner in the Bashan Lake Association to ask that you support House Bill 5583 which would allow the BLA to instruct the Town of East Haddam on when and how much to lower the Bashan Lake water level and when to close the dam in the winter. The BLA does not want to be under pressure every year to continue to beg the DEEP to lower the water level. It is important to lower the water level every year to protect the docks and walls from winter damage, when we need a weed control program, or when work on existing walls needs to be addressed.

It is important that this bill give the power to the Town of East Haddam and lake residents to make decisions regarding our lake. No one is more investing in making sure that the lake remains a pristine and environmentally sound body of water than the residents of the lake, both year-round and summer residents. As property owners, we paid money out-of-pocket last year for weed control due to problems with the opening and closing of the dam due to construction by the State of Connecticut and DEEP. We do not want to see this happen again. It is critical that the residents who know best be given the power to decide what is best for the lake and for the properties surrounding it. For many years, Bashan Lake has been one of the cleanest lakes in the State of Connecticut, and we'd like to keep it that way. Since Bashan Lake serves as a State boat launch, we are sure you do too.

Special thanks to both Sen. Kennedy and Rep. Albis for visiting the lake this past summer. Please support this bill.

Thank you for your support,

Eileen M. Washburn (John Magel, Janice Washburn) 149 Lakeside Drive Sunset Acres, Bashan Lake East Haddam, CT 06423

12AcomWay Wethersfield, CT 06109 002022

March 7, 2016

To: Enviroment Committee

From: Dan D' Addeo

Regard: House Support of Bi115583, AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDDAM.

Living full time on the lake for the past five years, along with weekend and vacationing on this lake for over fifty years, I believe it is in the best interest of the State and everyone involved to past Bi115583. My experience, as well as I believe most people's belief, is the people closest to a situation will have the best vantage point in decision regarding the issues at hand.

Case in point: regarding the States recent lack of insight regarding the Bash an Lake Dam repair. Local representatives requesting weed control measures during dam repairs were refused (told not in the budget). Resulting in having wide spread evasive weed problem enter the lake (Fragmities australis). To understand this problem you can research what this weed as done to lakes and wetlands in our state as well as national treasures such as Lake Huron. This weed does not give up and we will likely be fighting it for the foreseeable future.

The people living on this lake have a vested interest (that does not conflict with the state) only closer to the issue. Please pass Bill 5583.

Regards,

Dan D'Addeo 002023

3-7-2016

To whom it may concern,

It is our understanding that the DEEP is reluctant to perform an annual drawdown of Bashan Lake in East Haddam. We feel that this is critical to the well-being of the lake and the surrounding lake properties.

The drawdown protects the property owners' walls from ice damage in the spring, which in turn protect the lake from run-off and erosion. It also helps with invasive weed control, a problem that we have been fighting for many years, by allowing the weeds in shallow areas to be exposed and frozen during the winter months. This problem has been exacerbated by the extremely low water level last summer following the repair to · the dam on Bashan Lake. The lake now has new species of invasive plants which will need to be dealt with. Again, treatment of these weeds is critical to the health of the lake and to property values around the lake.

We ask your support for House Bill 5583 titled: AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

Respectfully,

Richard and Paula Robinson Wildwood, Inc. #4 74 Smith Rd. E. Haddam, CT

21 Barry Lane Simsbury, CT 002024

Connecticut Department of ENERGY & ENVIRONMENTAL PROTECTION

STATE OF CONNECTICUT DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Public Hearing- March 11, 2016 Environment Committee

Testimony Submitted by Commissioner Robert J. Klee

.. House__Bjll No. 5583- AN ACT CONCERNING AN .AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM

Thank you for the opportunity to present testimony regarding House Bill No. 5583 - AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM. The Department of Energy and Environmental Protection (DEEP) welcomes the opportunity to offer the following testimony.

DEEP has serious concerns abo!Jt the proposal that would require the Commissioner of DEEP to enter into an agreement with the town of East Haddam and the Bashan Lake Association regarding a schedule for annual water level drawdowns of Bashan Lake. The draw down is intended to control weeds, prevent property damage and erosion into said lake and prevent reduction in association property values. However, such drawdowns impact the environmental and ecological resources and may have significant, unintended consequences.

The DEEP already has an administrative process for the request of a winter draw down of an impoundment controlled by a state-owned dam. Such process requires a municipality to submit a request on behalf of their residents. DEEP evaluates these requests on an annual basis to balance concerns of the lake community and the municipality with all· natural resource and environmental . concerns.

We understand the value of this impoundment, as evidenced by the $1.5 Million repair project completed last year, funded with state tax-payer monies, which directly benefits homeowners on the lake as well as the municipality. However, given such a significant investment, the DEEP needs to manage the impoundment in a way which balances all issues.

Typically, these drawdowns require DEEP staff to physically operate a gate or manipulate an outlet structure and monitor the lake level to insure it does not get too low. Monitoring includes not only the current .lake level, but tracking the ground conditions to determine runoff potential, current and

1 of2 11'·'1 002025

predicted weather and other variables. Given that DEEP has fewer and fewer resources to respond to these requests and to ensure the drawdowns are executed correctly, we do not support additional legislation that would dictate the deployment of our limited resources to one lake.

In summary, DEEP opposes House Bill No. 5583 - AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

Thank you for the opportunity to present testimony on this proposal. If you should require any additional information, please contact Robert LaFrance, DEEP's Director of Governmental Affairs, at 860.424.3401 or [email protected] or, Elizabeth McAuliffe, ·DEEP Legislative Liaison, at 860.424.3458 or [email protected].

2 of2 lid

002026 ( Lt\ 7

$tatt of ~omttditut SENATE SENATOR ART LINARES ASSISTANT MINORITY LEADER THIRTY-THIRD DISTRICT RANKING MEMBER PLANNING AND DEVELOPMENT COMMITTEE LEGISLATIVE OFFICE BUILDING CHAIR 300 CAPITOLAVENUE, SUITE 3400 INTERNSHIP COMMITTEE H~RTFORD, CONNECTICUT06106-1591 CAPITOL: (800) 842-1421 MEMBER E-MAIL: [email protected] EDUCATION COMMITTEE WEBSITE: www.SenatorUnares.com JUDICIARY COMMITTEE March 11, 2016

House Bill5583: (RAISED) AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

Senator Kennedy, Representative Albis, Senator Chapin, Representative Shahan, and members of the Environment Committee,

I'm Sen. Art Linares of the 32nd District, and I am testifying in support o~House Bi115583.

Bashan Lake in East Haddam is one of the many beautiful natural assets in my district. The lake is a very popular recreational water resource which is enjoyed by residents and visitors.

The volunteers of the Bashan Lake Association are tremendous advocates for this gem. They love the lake and its wonderful and diverse natural species that call it home. They are invested in its future.

The lake has had challenges due to some of the invasive species that are becoming more prevalent across the state.

This bill would have the Department of Energy and Environmental Protection enter into an agreement with the town of East Haddam and the Bashan Lake Association regarding a schedule for annual water level draw downs ofBashan Lake. The agreed upon draw down level will help to control weeds, prevent property damage and erosion, and prevent reduction in association property values. The Bashan Lake Association will monitor Bashan Lake and submit any petition concerning such a draw down to the town of East Haddam not later than 60 days prior to the date of start of any draw down.

This legislation is a terrific example of how the state can work with towns and local stakeholders to improve our environment while making lasting improvements which benefit everyone.

I thank Rep. Melissa Ziobron for her advocacy on this issue, and I thank East Haddam and the Bashan Association's taxpayers for their work on doing what's best for the lake over the long-term.

CHESTER, CLINTON, COLCHESTER, DEEP RIVER. EAST HADDAM, EAST HAMPTON, ESSEX, HADDAM, LYME, OLD SAYBROOK, PORTLAND, WESTBROOK 111,1 002027

Environment Committee Public Testimony March 4, 2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

My name is Francis Brancieri, and I am writing in support o~House Bill 5583, AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

As a Bashan Lake homeowner since 1979, my wife and I want to thank the committee in advance in hopes that you will support House Bill5583. It is imperative that the Town of East Haddam and the Bashan Lake Association have the ability to control water levels ofBashan Lake for several reasons, primarily, weed control, protection of walls and docks, and the shoreline. The biggest concern is weed control for the safety of swimmers. After last summer's dry lake, the coves and shoreline were heavily infested with Phragmites, Cattails, and just about every other weed imaginable. Phragmites is difficult to control because the roots grow deep, and, most times, several attempts are needed to eradicate the root system. Phragmites, Cattails, etc, have never been on our shoreline until this past dam repair. My main concern is for the swimming safety of my children and grandchildren, as well as all children on the lake. Phragmites is a weed that grows ten to twelve feet high with thick stalks in two to three feet of water. These weeds will greatly reduce visibility for people on shore to spot swimmers and can cause entanglement, creating an unsafe condition for swimmers.

I would like to thank Senator Kennedy and Representative Albis for touring Bashan Lake last summer with Representative Ziobron. Unfortunately, what you saw was a mud hole infested with Phragmites, Cattails, and other weeds. Bashan Lake is one of the cleanest, most pristine bodies of water in the State of Connecticut, and, as a homeowner, we would like the ability to keep it that way. By giving the Town of East Haddam and Bashan Lake Association the ability to control the water level, hopefully, we can bring our lake back to its original state, and all lake residents can continue our stewardship of our lake and the environment.

Thank you, Francis and Constance Brancieri 14 Bailey Road East Haddam, CT 06423 11,1 002028

State of Connecticut Legislators: As a member of the Bas han Lake Association, and Officer of the Sunset Acres Association of Bas han Lake Incorporated and a resident citizen of the town of East Haddam CT, I would like to express my support in favor of passing.,House Bill It 5583 "an act concerning an agreement regarding annual water level draw downs at Bashan Lake of East Haddam".

Sincerely,

Donald G. Lorusso President Sunset Acres Association of Bashan Lake Inc. 47 Bashan Rd. East Haddam CT 06423 II II 002029

Greetings,

My name is Daniel Roberts and I am writing in support of House Bill5583, An Act concerning the agreement regarding the annual water level drawdowns of Bashan Lake in the Town of East Haddam Connecticut.

I am writing you in hopes that improvements can be made in the management of Bashan Lake in East Haddam. I have owned lake front property for over 25 years, and like all my neighbors love and care for this wonderful place. It has Crystal clear water and abundant wildlife, and all that live here are .stewards of the lake and actively participate in ensuring that it stays that way.

The recent activity concerning the dam restoration was needed and greatly improved the safety of the lake for years to come. The project over the previous winter seemed to be delayed and the effects on the lake were devastating. The lake never recovered from the drawdown and the results were that the water levels never returned to prevent invasive weeds from taking over all of the shoreline areas. The Bashan Lake Association had a fund drive that was supported by the town to raise the needed funds to help in the removal of these weeds. The state stepped in and prevented this from happening. Many home owners took it upon themselves to remove the weeds and did more damage than good.

Over the years the lake has been drawn down anywhere from three to five feet in the fall to protect waterfront walls and docks from being destroyed by the crushing effects of ice. The one year that the dam was closed to early caused many homeowners to have property damage that was both costly and avoidable. This drawdown also allows the stewards of the lake to clean up of areas along the shore line as well as inspection to ensure the septic systems are working properly. Over the years it has afways been the concern ofthe community that the people in charge ofthe draw down are not monitoring the process to ensure the proper levels.

I would ask you now that the control and monitoring of the water level to be the responsibility ofthe Town of East Haddam and the Bashan Lake Association.

In closing, I would like to thank both Senator Kennedy and Representative Albis for visiting the lake this past summer sk for their support in voting this Bill out of Committee.

Daniel Roberts Lake Address 1699 Middletown Ave. 131 Lakeside.Drive Northford, CT 06472 East Haddam, CT 002030

Environment Committee Public Testimony March 11, 2016

TESTIMONY IN SUPPORT OF HOUSE BILL 5583

Good Morning Co-Chairs Senator Kennedy, Representative Albis; Vice Chairs Senator Moore, Representative Arconti; Ranking Members Senator Chapin, Representative Shahan; and esteemed members of the committee. My name is Barbara Jesudowich and I am writing in SUPPORT ofHOUSE BILL 5583 -AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM. I have enjoyed Bashan Lake for more than 60 years. Bashan Lake has been identified as the cleanest lake in Connecticut for more years than I can remember. The previous dam project has been the cause of a significant invasive weed problem. I spent many weekends this past summer and fall spraying phragmites and pulling out weeds from my water front area. Many of the lake property owners donated money to All Habitat Services, a company that treated the weed problem. Senator Kennedy and Representative Albis, thank you fro visiting the lake this past summer. I hope it can return to its pristine, clean, former state. Please pass House Bill 5583.

Thank you Barbara Jesudowich 002031

To Whom it May Concern,

I am writing in support of House Bil15583 allowing the town of East Haddam and the Bashan Lake Association to have the ability to say when and how much the level of the water will be drawn down on Bashan Lake on a yearly basis.

The residents of Bashan Lake are passionate about the preservation of our beautiful Lake. Many of us have summered on Bashan Lake our entire lifetimes and have invested years of hard work and money into our homes and summer cottages. The respect and love the residents have for our once pristine lake has been demonstrated time and time again, from policing hazardous conditions to town meetings, to raising tens of thousands of dollars on a moments notice for the good of our Lake.

Allowing residents to have a say in the water levels will benefit our Lake in many ways, from safe boating to weed control which is crucial at this time. Contamination of the water due to erosion and run off will be reduced. Property damage and the value of our properties will be maintained.

It has been proven time and again, that allowing people to have a voice in concerns, whether in their workplace or their own lives, creates a happy cohesive existence for many. As our Governor continues to cut budgets in the state of CT, I am sure his biggest concern is not going to be the health of lakes and ponds. Allowing the residents of Bashan Lake control of the water level will only assist in reducing some ofthe financial burden of State Committees, DEP and DEEP.

We are seriously PROUD of Bashan Lake and hope you will consider House Bill 5583 as a viable alternative for the State of CT.

Susan Sabo-Bengtson 28 Little Fawn Trail Higganum, CT 06441-4361

19 Lakeside Drive E. Haddam, CT. 06423 002032

To Whom It May Concern,

We are writing in support of House Bill5583 allowing the town of East Haddam and the Bashan Lake Association the ability to control the draw down of Bashan Lake on a yearly basis.

Allowing the residents to have a say in the water levels has many benefits for the lake including weed control, and preventing property damage to our walls that prevent erosion into the lake ..

Thank you for your consideration of House Bill 5583.

Sincerely,

Ron and Rutt/~~ 7 Lakeside Dr~ East Haddam, CT 06423 I I 002033

Environment Committee - Testimony in SUPPORT of House Bill 5583 For Meeting of March 11, 2016

House Bill 5583 -AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM

Submitted By: Randall Miller Board Member - CT Federation of Lakes Facilitator - East Haddam Lakes Association Board Member - Friends of CT State Parks Physical Address: 22 Forest Way, East Haddam , CT 06423 .Mailing Address: 22 Forest Way, Colchester, CT 06415 Email Address: [email protected]

I am in full support QLHouse Bill 5583 as it will facilitate the ongoing health of Bashan Lake in East Haddam, CT. Water levels and invasive weeds have been problematic for Bashan Lake over this past summer, due to the extended dam repair project conducted by the State. This bill will require the Department of Energy and Environmental Protection to enter into an agreement with the town of East Haddam and the Bashan Lake Association enabling water drawdowns at Bashan Lake. · If water levels are not lowered, lakefront walls of individual property owners will more readily crumble due to the ice and erosion will follow very quickly such that the soils behind these walls will end up in the lake, thus changing the lake in negative ways. These vulnerable shorelines could be restabilized, but at great expense for the property owners affected and subsequent to erosion having delivered sediment and debris into the lake. Minimal seasonal drawdown, which has been the practice since the 1940s, will prevent these issues.

Drawdown will also act as a deterrent to the growth of aquatic invasive species in the exposed lake bottom as winter temperatures will kill, or at least significantly weaken, the weeds, thus saving the property owners the expense of having to take measures to mitigate these aquatic invasive plants.

A thank you is offered to both Senator Kennedy and Representative Albis for visiting the lake this past summer and we ask for their support and that of the entire Environment Committee in voting the bill out of committee.

Thank you for your support. I I 002034

3-7-2016

To whom it may concern,

The drawdown protects the property owners' walls from ice damage in the spring, which in turn protect the lake from run-off and erosion. It also helps with invasive weed control, a problem that we have been fighting for many years, by allowing the weeds in shallow areas to be exposed and frozen during the winter months. This problem has been exacerbated by the extremely low water level last summer following the repair to the dam on Bashan Lake. The lake now has new species of invasive plants which will need to be dealt with. Again, treatment of these weeds is critical to the health of the lake and to property values around the lake.

We ask your support for House Bill 5583 titled: AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

Respectfully,

Richard and Paula Robinson Wildwood, Inc. #4 74 Smith Rd. E. Haddam, CT

21 Barry Lane Simsbury, CT ·1 I' 002035

My husband and I are residents of East Haddam and live on Bashan Lake. I am writing to you in support of the Bashan Lake Drawdown bill (HB 5538) being introduced to the Legislative Environmental Committee. It is important to the vitality and environmental well being of our lake and its surrounding properties that the Town of East Haddam be granted the authority to make decisions regarding when and how much our lake should be drawn down to make necessary property repairs and control weeds, as specified in the proposed bill.

Thank you for your support,

Cheryl Duey & Jim Ingala 75 BashanRd East Haddam, CT I I

002036

To Whom it May Concern,

I am writing in support of _Hrn •se RU! ~allowing the town of East Haddam and the Bashan Lake Assodation to have the ability to say when and how much the level of e water will be drawn down on Bashan Lake on a yearly basis.

The residents of Bashan Lake are passionate about the preservation of our beautiful Lake. Many of us have summered on Bashan Lake our entire lifetimes and have invested years of hard work and money into our homes and summer cottages. l1le respect and love the residents have for our once pristine lake has been demonstrated time and time again, from polidng hazardous conditions to town meetings, to raising tens of thousands of dollars on a moments notice for the good of our Lake.

Allowing residents to have a say in the water levels will benefit our Lake in many ways, from safe boating to weed control which is crudal at this time. Contamination of the water due to erosion and run off will be reduced. Property damage and the value of our properties will be maintained.

I hope to be able to provide my young children the same joys of summers at the lake that 1had growing up.

We are seriously PROUD of Bashan Lake and hope you will consider House Bill 5583 as a viable alternative for the State of CT.

Thomas J. Quirk 658 Ridge Rd Middletown, CT 06457

19 Lakeside Drive E. Haddam, CT. 06423

[email protected] 860-984-8077

------·------······ I I

002037

March 9, 2016

Chairperson, Environment Committee State of Connecticut- DEEP Hartford, CT 06106

SUBJECT: Hguse Bill 5583, proposed by Rep. Melissa Ziobron

Sir/Madam:

Just recently I learned about your upcoming hearing on House Bill 5583 which proposes that the Town of East Haddam and the BLA (Bashan Lake Assn) be authorized to work with the DEEP to regulate the. winter water level on Bashan Lake. As a waterfront landowner since 1982, I applaud this legislation since it will help preserve the well-being and land values around the lake.

My family strongly supports the bill's dialogue "draw downs are critical to prevent damage to walls that prevent erosion into the lake and for weed control which is necessary to ensure access to recreation areas, for the safety of all swimmers, to prevent hazardous boating, and to protect property values."

We know how destructive ice would be on our vulnerable stone walls and dock base and propose that a 4' drawdown start at the end of each fall foliage season- mid October.

We also know how invasive weeds are all over the state's lakes today. Future drawdowns will lessen the use and cost of invasive weed control agents, a big expense currently to both the town and the BLA

As long term waterfront residents and tax payers, we encourage the state to devise a town-state-BLA plan which fully utilizes an expensive new gate system sold to us for safety and water control purposes.

Respectfully,

Robert Biega & Jacqueline Festa-Biega 44 Laurel Cove Rd East Haddam, Ct 06423 I I 002038

Edmund Gubbins 98 Smith Road East Haddam, CT 06423 Environment Committee Legislative Office Building, Room 3200 Hartford, CT 06106

Dear Committee Members: I'm writing in support of House Bill number 5583, An Act Concerning An Agreement Regarding the Annual Water Level of Bashan Lake in the Town of East Haddam.

I am a lifelong resident of Bashan Lake in East Haddam. I am also the president of the Laurel Cove Beach Association located on Bashan Lake. I believe we need the lake's water to be drawn down on an annual basis, and we need a flexible approach to the water draw down. The water draw down will protect property owner's waterfront walls from being destroyed by ice damage. It will also allow for continued remediation of invasive weeds

Having grown up on the lake, I know that the water has been drawn down every year. The water was originally drawn down to power the Mills on the Moodus River. Based on this draw down schedule, property owners around the lake took the time and money to invest in building stone and concrete walls in front of their property to prevent top soil erosion on their waterfronts. This enabled Bashan Lake to remain as one of the cleanest lakes in the State. Unfortunately we have evidence of the damage done to these walls by ice when the lake was not lowered in more recent years.

In 2014 the DEEP unde~ook a project to repair the dam on Bashan Lake. This project necessitated the lowering of the lake by 18 feet, leaving all the coves bare. Unfortunately, due to multiple delays in the contracting and building processes, the project wasn't completed as expected by February 1, 2015. The dam wasn't closed to start collecting water until June 1, 2015. Since we missed capturing the snow run off, and because ofthe drought last summer, the coves were turned into wetland areas. They became breeding grounds for a multitude of wetland weeds, including cat tails and invasive plants which need eradicating. I I' 002039

The expectation is that the lake will still be down several feet in our coves during the summer of 2016 due to a lack of rain over the past season. The coves are at high risk to have an ongoing issue with these wetland weeds. Experts have told us that it will take years to resolve this problem. Cat tails will grow in 2 -3 feet of water and. can form floating mats in deeper water. Phragmites is an aggressive, invasive species that has the ability to adapt to growing in deeper water. Both weeds grow tall and extend above the surface of the water.

Residents of Bashan Lake and the Town of East Haddam are passionate about our Jake. The Bashan Lake Association and Town residents have worked hand in hand with the Town of East Haddam for years. Both have spent countless hours and Ja_rge sums of money to ensure the proper care of this lake. We are the best stewards of the lake and best suited to determine when and by how much the Jake needs to be lowered. We have the best interests of the quality of the Jake in our hearts. Thank you for raising this biJI. I am in favor of this bill, and I strongly urge you to pass it.

Sincerely,

Ed Gubbins I I'

002040

I I Gteetings, . I My ~eisFred Hetzer and I am, 'Wtitingin support oflioU® Bill 55'83)1An Act . . . . COliCel:1Un8 the agr~ep;Ientregarding the annum water level draw downs lfBashan Lake m The Town of East Haddam .

.I atn. writillgyou today in the ~opes ~t some improvements can be mJ. mthe . I.Il@agement ofBasban Lake m East Haddam. I have owned a house on tb,e lake S11lce 1981 andlike all tlie people on the lake and in the area love this wond~ lake. It has crystal clearwater and alihere are stewards of the lake and actively participate in el1SUI'in.g that it v.ill stay that way~ The,teeent ~ti,Vity. concerning the Dain restoration was w~lcomC(I, but t; so heartbreaking for us. The p:rqjeci;wbich had been talked about for sever~ years appe.~ to have gotten . bogged, down a.Qd as a result the Work started to late and With a bad Will · the WOi:k cou):d not be completed ill atimely fashion. The Water kvel W&S so low that m!my of the coves had no -water last Slliil.IUer and almost instant:ly :filled in with tall y.reeds,~ome of which ate veryii;lv~ive. Th.e Bashan. Lake As. so·c·iation had a fun.d dri.·v.e so the. could hire a fum to help remove the weeds only to be told that th.ey weren't allowed to d. that.

Over the yelit$ the lake has been ''drawn down" about three fe~t fu the fall to protect waterfront wails and docks fj:om being destroyed by the ctushihg effec~.of ice. This also allowed the patrolling and clean up of fue areas mfront of homes, {?'eac es and the state boat launch as well as al~owing inspection to ensure there ru:<:

Over the past several years there has been constant concern over ifthe · ter will he lowered, how much it will be lowered and if it will be properly monitor. d to en5ure itis uot lowered to much. 1

I woU14, aslc yo'i;l at this. time to' pass the control and monitoring ofthe w1t¢r ievel to the 1 Town of East Haddam to make this activity easier fot the citizens ofJ.'Haddam and the state ofConnecticut.

fu cJosing, I would to fuank both Senator Kennedy and Representative · bis for visiting the lake this past $I!lllllet and ask for their support in voting this bill out of Committee.

Sincerely.

d{ce C 1/fA FredHei:ze;- 132 Lakeside Drive Ea$t Haddam, Ct 06423 I I'

002041

To: CT DEEP Environment Committee RE: House Bill 5583 I Water Levels Bas han Lake East Haddam, CT From: Linda Baccaro

As a property owner on Bashan Lake in East Haddam, I am in full support of House Bill 5583.

I have personally seen spring rains bring the level of the lake up to homes and cause not only damage to water front property, but cause massive erosion to the lake.

Giving The Bashan Lake Association and Town of East Haddam the flexibility to say when and how much the water will be drawn down is critical to prevent damage to walls and as I have stated above erosion to the lake.

A draw down is also critical to help in weed control. If the weeds are not in control, you will loose all access to the state boat launch, and access to recreation areas. This will cause a safety issue for swimmers, and a potential for hazardous boating

Thank you

Linda Baccaro Bashan Lake Property # 14 7 4 Smith Road East Haddam, CT ·1 I' 002042

Environment Committee Public Testiffiony March 11,2016

TESTIMONY IN SUPPORT OF HOUSE BILL 5583

Greetings Co-Chairs Senator Kennedy, Representative Albis;, Vice Chairs Senator Moore, Representative Arconti; Ranking Members Senator Chapin, Representative Shahan; and esteemed members of tne Committee.

My name is Sharon Trombley and I am writing in SUPPORT of House Bill 5583 AN ACT CONCERNING AN AGREEAJENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE INTHE TOWN OF EAST HADDAM

First of all, I want to thank Senator Kennedy and Representative Albis for visiting Bashan Lake this past summer. For those of you on the Committee who have never visited Bashan Lake, I urge you to do so. Bashan Lake is a pristine, 273 acre, clear water lake and is ideal for recreational activities such as swimming, boating, and fishing. My family has owned a cottage on Bashan Lake for over 70 years. It's such a wonderful place to visit and enjoy that I could not bring myself to ever move away from the lake. I know my children feel the same and I am hoping that by continuing to fight for the health of the Bashan Lake my children and their children will be able to visit and enjoy the beauty and splendor ofBashan Lake.

Secondly, I would like to voice my concerns regarding my frustration with the most recent dam repair completed by the State of Connecticut, Department of Energy and Environmental Protection. It was our hope at the beginning of this project that the dam would be completed in a timely manner thus avoiding any damage to the lake by invasive weeds and possible loss of aquatic life. Unfortunately, the dam repair took much longer than expected and the invasive weeds did indeed invade the lake. Private citizens such as lake residents, BLA members , and others have already spent thousands of dollars on attempting to control the weeds which were caused by the delay in the dam repair. The loss of aquatic life has yet to be determined since Bashan Lake has not returned to its normal water levels. 002043

Thirdly and most importantly, I would like express my thoughts on the draw down at Bashan Lake. I feel it is critical for the State of Connecticut to continue to draw down Bashan Lake in order to prevent damage to the retaining walls that, in turn, prevent erosion into the lake. My husband recently purchased a piece of property on Bashan Lake and spent over $5000.00 building a rip-rap stone wall that satisfied the DEEP and the East Haddam Inland Wetlands and Watercourses Commission. In addition to building the wall we are required to plant certain plantings that help to prevent erosion into the lake. As land owners, we are committed to securing the environmental wellbeing of the lake. We hope the State will do the same by continuing the draw down.

I also feel the draw down is important to control the invasive weeds which are destroying Bashan Lake's beauty, its aquatic creatures and natural plant growth, as well as recreational uses enjoyed by lake residents and visitors. We must continue to control the invasive weeds such as milfoil and those that have invaded Bashan Lake as result of the recent dam repair such as Phragmites, cattails, and others. If not, the weeds will certainly take over Bashan Lake and destroy any uses of the lake-natural and recreational.

Thank you,

Sharon K. Trombley 102 Meeting House Hill Road North Franklin, CT 06254 (860)642-6819

Lake Address: 66 Lakeside Drive East Haddam, CT 06423 , , I' 002044

Environment Committee Public Testimony March 11,2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

My husband has been on Bashan Lake since 1961 when his parents bought the cottage. Most years the water is let down to avoid damage to docks and retaining walls. However, there were also times when we thought the lake would not be let down because of issues of getting the correct person from the state involved. If the water is not let down ori a yearly basis, the damage to both docks and retaining walls would be significant and the repair costs would be large. However, this can easily be avoided if the water was let down every year. We need to ensure that the lake water will be drawn down every year in order to eliminate the potential damage caused by ice. We do not believe there are any families on the lake that can afford the extensive repairs on a yearly basis. The house bill5583 proposed by Melissa Ziobron would guarantee that the lake would be lowered every year and. we would like to see this bill pass.

The dam repair looks great. However, when the dam project didn't' start on time and caused the project to fall behind they had to let the water out again. Letting the water out again is causing this year and it looks like next year before the lake might be back up to capacity.

Because the water level is down, this contributed to all the weeds that grew and they grew very tall and thick. With the weeds, we couldn't get close to the water. If it is going to take another year or two before the lake regains the water, the weed issue will continue to get worse for the next two years. Bashan Lake has always been one of the cleanest lakes in Connecticut and we would like to keep it that way but we are afraid that the water will have issues with all the weeds and as the weeds start to decay as the water returns to the lake. We want to keep the lake as , I' 002045

clean as possible so everyone can enjoy it. We love this lake and want to continue to enjoy it with our children and grandchildren.

Senator Kennedy and Representative Albis, we are hoping for your support of the bi115583 to help us protect the lake and the land around the lake. Thank you very much for visiting Bashan Lake last summer to get an understanding of how critical the issues are and to see how beautiful the lake truly is.

Sincerely,

Mike and Diane Widger 'I'

002046

ENVIROTECH LABORATORY, LLC 77 COOK HILL ROAD • WINDSOR, CONNECTICUT 06095

MATWELLEN D•Ll.JZ!O TELF.PHONE (860) 688-7249

March 7, 2016 Maryellen DiLuzio 122 Lakeside Dr. East Haddam, CT 06423

TO: Members, The Environment Committee

Regarding: House Bill #5583, An Act Concerning An Agreement Regarding Annual Water Level Draw Downs At Bashan Lake In the Town of East Haddam

Dear Members,

Please give your support to House Bill #5583 and allow the Town of East Haddam and the Bashan Lake Association (BLA) to have control over the drawn down of our beloved Bashan Lake. As an environmental professional and lifelong resident of the Bashan Lake community, I fully support local control. Over the past 35 years I have personally analyzed the lake water and can attest to its quality. Bashan Lake is well known to be in the top three cleanest lakes in Connecticut.

Local control is not a new concept. It was maintained this way ever since the original dam was put in place. However, State government took over more and more local control. This lead to the inconvenience ofa yearly application processes for permission to perform tasks that had been in place for over 50 years. The application process was cumbersome and lengthy and caused problems for the BLA.

With the introduction of invasive weeds to the lake, the BLA was faced with its most critical mission to date: saving our lake from being choked by these weeks and dying. The lake residence, along with support from the Town of East Haddam and the assistance of the Connecticut Agricultural Experiment Station, rose to the challenged and saved the lake. It has been necessary for the BLA to bare the primary cost of the continued fight against invasive weeds for the benefit of all State residence as we have a public access. ··

Our latest set back to water quality was the replacement of the dam last year. Due to delays in the permitting process the replacement work was delayed and not finished in time to reap the benefits of the massive snow melt. Consequently, the lake level was down 18 feet all spring and summer. Once again, we are battling invasive weeds as the newly exposed shoreline became over grown and allowed the establishment of species never before seen, the most troubling was the noxious weed Phragmites. BLA again rose to the challenge and in the matter of weeks raised the necessary funds to combat the problem. .

As you are very well aware, the State of Connecticut has reduced support of the DEEP. We no longer have a full time lake manager (the only State in New England not to have at least one person dedicated to the protection of lakes). This watch dog responsibility has again has fallen upon the high tax paying citizens to safe guard.

The residences ofBLA have proven time and time again to be good stewards ofBashan Lake. We deserve the right to maintain draw down conditions. Property owners have invested time and money on docks that need to be protected from ice damage. They have a vested interest in protection of the water quality by treating invasive weeds with small drawn downs. I ask for your support of House Bill #5583.

Respectively Submitted, EnviroTech Laboratory, LLC "}~ ~/!Mcfo

Maryellen DiLuzio, a member PH 0464 002047

Environment Committee

Testimony in Support ofHouse Bill 5583 An Act Concerning An Agreement Regarding Annual Water level Draw Dons at Bashan Lake in the Town of East Haddam

My name is Kathleen Bahe and I am the owner of property on Bashan Lake, East Haddam, Ct.

This document is to offer written support of the above cited bill concerning water draw down for Bashan Lake.

My property has been in my family for one hundred (100) years and many generations hiwe enjoyed the wonderful quality oflife the lake affords.

I support of this bill for both personal and environmental reasons.

Personally, the lack of consistent and timely draw downs of the lake has long impacted our ability to maintain our property and make necessary repairs to docks and waterfront. This is especially true if/when town permits are required before making repairs or improvements as this can be a lengthy process that needs advance planning. My property is an island and therefore access to the property from the water is also critically important. Without knowing if or when a draw down might occur in advance, it is impossible to plan around water levels, weather conditions, etc.

In addition, draw down of water levels on a consistent annual basis will help greatly to protect the property from the damage and the erosion that winter storms and ice formations have caused on numerous occasions. Therefore it is extremely important that the lake be drawn down every year- something that DEEP has not been consistently willing to commit to.

From an environmental perspective an annual draw down will help to control the invasive weeds that are threatening the lake and the quality of its water. This threat has been exacerbated by the recent repair work on the dam . The repairs required that the lake be draw down over 16 feet (emptying the lake is all but the deepest middle ) which allowed the invasive weeds to take hold and grow vigorously this past summer. It will require aggressive and long term action to try to undo this damage and restore the lake to its previous condition. The weed invasion all along the shore has also impeded access tothe lake lake from shore (especially the public boat launch area) that many Connecticut residents use to access this lake for fishing, water sports, etc. Annual draw downs will greatly assist with this effort.

The Bashan Lake Association in cooperation with the Town of East Haddam are in the best position to manage the timeliness and extent of water draw down ofBashan Lake. I urge the committee to support this bill.

Thank you Kathleen Balle (resident ofFairfield, Ct and property owner in East Haddam , Ct) 002048

Enviromnent Committee Public Testimony March 11,2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

Hello Co-Chairs Senator Kennedy, Representative Albis; Vice Chairs Senator Moore, Representative Arconti; Ranking Members Senator Chapin, Representative Shahan; and esteemed members of the Committee. My name is Kenneth Crouse and my wife is Wendy Crouse and we are writing in SUPPORT of House Bill5583 ANACT CONCERNING ANAGREEMENT REGARDING ANNUAL WA11?RLEVELDRA W DOWNS ATBASHAN LAKE IN THE TOTVN OFEAST HADDAM.

We have waterfront property on Bashan Lake at 155 Lakeside Drive in East Haddam. It is extremely important that we create annual drawdowns of about 5 feet before the winter months. It would save a lot of time and money if the town of East Haddam had control of the dam to perform these annual drawdowns. The drawdowns would save the docks and sea walls for everyone with waterfront property on Bashan Lake. Bashan Lake is a beautiful lake and well maintained waterfronts would keep the property values high, which will consequently keep the property taxes high for the town.

Last year was frustrating for everyone that enjoys Bashan Lake. The delayed repair of the dam kept the water level low all summer so no one could launch boats to enjoy the lake. To make matters worse, the low water level created an opportunity for groves of cattails and other invasive weeds to grow in the coves and perimeter of the lake. Since we all experienced the pain of the dam repairs, I hope that we can now enjoy the functionality of the new dam with annual winter drawdowns performed by the town for the Bashan Lake association.

There is minimal environmental impact when the lake is only 5 feet lower and it allows property owners to treat any weeds in the shallow areas of the lake. Visitors to our Bashan Lake property are always impressed about how the water is crystal clear without any weeds making the lake very inviting for swimmers.

We understand that both Sen.Kennedy and Rep. Albis visited the lake this past summer and we ask for their support in voting the bill out of committee.

Sincerely,

Kenneth and Wendy Crouse 155 Lakeside Drive East Haddam, CT ·'It

002049

Enviromnent Committee Public Testimony March 11,2016

TESTIMONY IN SUPPORT of HOlJSE BilL 5583

Good Morning Co-Chairs Senator Kennedy, Representative Albis; Vice Chairs Senator Moore, Representative Arconti; Ranlcing Members Senator Chapin, Representative Shahan; and esteemed members of the Cmmnittee'

Our names are Lynn & Frank Pulito and we are writing in SUPPORT of House Bill 5583 ANACI'CONCERNJNGAN AGREEMENT REGARDING ANNUAL WA1ERLEVEL DRAWDOWNSATBASHA.N LAKE IN THE TOWN OFEAST HADDAM.

The drawdown is needed for the good of the lake. We were frustrated with the previous dam project, the type of weeds, your stewardship of the lake, your commitment to the environment etc. Bashan Lake is a treasure to our State and we hope you will recognize this by supporting this bill.

Thank you to both Sen. Kennedy and Rep. Albis for visiting the Bashan lake this past summer and we specifically ask for both of your support in voting the bill out of committee.

Thank you,

Lynn & Frank Pulito

78 Bidwell Street Glasonbury, CT 06033 'I'

002050

use Bill5583 An Act Concerning An Agreement Regar mg nnual Water Level Draw Downs at Bashan Lake In The Town of East Haddam March 4, 2016

Dear Co-Chairs of the Environment Committee, State Senator Ted Kennedy, Jr. and State Representative James Albis, all State Senator and State Representative Members of the Environment Committee, St. Rep. Ziobron, St. Sen. Linares, St. Sen. Gerratana, St. Rep. Lopes and BLA President Bill Denya,

The Town of East Haddam wishes to manage the Fall drawdown and Spring refill of Bashan Lake for two purposes.

One is to protect and repair as needed the shoreline walls built in the 1940s, 1950s and 1960s to prevent shoreline erosion. Property owners 40 - 60 plus years ago with lots on steep slopes down to the water needed to build retaining walls to prevent their property from eroding away from runoff and lake wave action. Without these walls many, many property owners would have lost significant chunks of land into the lake bottom such that very expensive lake dredging would have been necessary years ago.

The second purpose is to help control the ever expanding infestations of invasive aquatic weeds which reduce Bashan Lake's recreational desirability and the amount of open, weed-free water available for swimming and boating.

The Town and its taxpayers in the Bashan Lake watershed are heavily invested stakeholders. Large sums of money are spent each year for weed control and consultants, lake scientists and PhD limnologists to advise the Town and all the lake property owners how to prevent and reduce the lake's inevitable decline into cultural eutrophication. East Haddam and all stakeholders strive to perform all the best lake management practices (BMPs) as encouraged by the Connecticut Federation of Lakes, the DEEP and the EPA to properly care for this precious and fragile lake.

In other words, East Haddam and Bashan's taxpayers are very responsible Bashan Lake stewards. They are conscientious and trustworthy, and can be relied upon to properly manage the "when to open" and "when to close" Bashan's dam gate. So please pass this law to grant the Town of East Haddam the control of its water level in the best interests of Bashan Lake and all its local and statewide users.

Thank you, Bruce T. Fletcher, DMD

Home 62 Dover Rd. New Britain, CT 06052-1916

Lake 44 Bailey Road East Haddam, CT 06423 'I'

002051

ENVIROTECH LABORATORY, LLC 77 COOK HILL ROAD • WINDSOR, CONNECT£CUT 06095

MA!WELLEN D1LUZ!O TeLEPHONE (860) 688-7249

March 7, 2016 Maryellen DiLuzio 122 Lakeside Dr. East Haddam, CT 06423

TO: Members, The Environment Committee

Regarding: Ho\lse Bill #5583, An Act Concerning An Agreement Regarding Annual Water Level Draw Downs At Bashan Lake In the Town of East Haddam

Dear Members,

Local control is not a new cortcept. It was maintained this way ever since the original dam was put in place. However, State government took over more and more local control. This lead to the inconvenience of a yearly application processes for permission to perform tasks that had been in place for over 50 years. The application process was cumbersome and lengthy and caused problems for the BLA.

Our latest set back to water quality was the replacement of the darn last year. Due to delays in the permitting process the replacement work was delayed and not finished in time to reap the benefits of the massive snow melt. Consequently, the lake level was down 18 feet all spring and summer. Once agai!l, we are battling invasive weeds as the newly exposed shoreline became over grown and allowed the establishment of species never before seen, the most troubling was the noxious weed Phragmites. BLA again rose to the challenge and in the matter of weeks raised the necessary funds to combat the problem.

Respectively Submitted, EnviroTech Laboratory, LLC '1~ i£L/M? Maryellen DiLuzio, a member PH 0464 002052

Environment Committee· Testimony in SUPPORT of House Bill 5583 For Meeting of March 11, 2016

House Bill 5583 • AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM

Submitted By: Randall Miller Board Member - CT Federation of Lakes Facilitator - East Haddam Lakes Association Board Member - Friends of CT State Parks Physical Address: 22 Forest Way, East Haddam , CT 06423 Mailing Address: 22 Forest Way, Colchester, CT 06415 Email Address: [email protected]

I am in full support of J:fouse Bill 5583 as it will facilitate the ongoing health of Bashan Lake in East Haddam, CT. Water levels and invasive weeds have been problematic for Bashan Lake over this past summer, due to the extended dam repair project conducted by the State. This bill will require the Department of Energy and Environmental Protection to enter into an agreement with the town of East Haddam and the Bashan Lake Association enabling water drawdowns at Bashan Lake. · If water levels are not lowered, lakefront walls of individual property owners will more readily crumble due to the ice and erosion will follow very quickly such that the soils behind these walls will end up in the lake, thus changing the lake in negative ways. These vulnerable shorelines could be restabilized, but at great expense for the property owners affected and subsequent to erosion having delivered sediment and debris into the lake. Minimal seasonal drawdown, which has been the practice since the 1940s, will prevent these issues.

Thank you for your support. I I 002053

Matk B. Walter ~l!l~dtmm' s ®ftttt First Selectman TOWN OFFICE BUILDING Susan c. Link EAST HADDAM Ernest P. Malavasi CONNECTICUT Selectmen 06423 Offic;; 860-873•5021 Fa>:: 860-873-5025 Ema,l: [email protected] 1\llarch 10, 2016

Environment Committee Legislative Office Building Hartford, CT

l~eference: RAISED HOUSE BILL NO. 5583 AN ACT CONCERNING AN AGREEMENT REGARDiNG ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADD.AM

Members of the Environment Committee,

Thank you for the opportunity to comment on,Rals~d H. a~ No. 5583 "An Act Concerning an Agreement Regarding Annual Water Level Draw Downs at Bashan Lake in the Town of East Haddam".

am writing this testimony In support of H. B. No. 5583 The Town of East Hadda.m Is very involved with the Bash an Lake Association in helping keep the lake water clean for all residents. The Town lielps with water runoff needs, clearing of storm drains and diverting water into marsh land. The Town also supports our lakes with monetary contributions to help fund weed controL

The· main purpose of the bill is for the Bashan La:ke AssoCiation and the Town of East Haddam :o have the flexibility to determine when and how much the water will be drawn down at Bashan i_ake.. Lake draw downs are critical in preventing damage to the retaining walls which keep most soil ero$ion from entering into the lake. Draw downs are also neoessary to maintain our weed control measures which assures· access to r~crea~ional areas; provides a safe environment for all swimmers, prevents hazardous boating situatioils and protects property -.ta:lues.

The Bashan Lake Association and the Town of East Haddam would be responsible partners in ·avaluating t;lnd accompiishing whatever actions are in the best interest of our lakes; Please don't 1esitate to contact meat 860~873&5021 ifyou have any questions or concerns.

Sincerely, /~ad~. Mark B. Walter First Se!ectm~n

Equal Opportunity Employer ~ I' I II 002054

Environment Committee Public Testimony March 11, 2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

The Br-)oks family has owned our land on Bashan Lake since the original dam was built. My father and now my brother and sister and I have done our best to maintain the 35 acres of property and the 90 year old home as best we can. 1:V..' e are especially concerned with maintaining the land without allowing development and to maintain it by following acceptable environmental standards. We are in the process of building a new wall on the lakefront to protect the land. It has taken us over a year to locate a landscape developer and to obtain the permits to complete the process by following procedures acceptable to DEEP, the Land Use Officer and the Wetlands Committee. They have proposed a Hybrid Shoreline Stabilization project that would include topsoil over riprap stone to support plantings supported by coir logs and covered with woven geo textile filter fabric. The cost of this project may be as high as $65,000. We hope that this project will last for the next 50 years! However, if the new shoreline stabilization is subjected to the movement of ice build up each spring, we do not anticipate that our investment will survive for an appreciable length of time. We strongly urge you to pass House Bi115583 to allow annual water level draw d)wns at Bashan Lake in the town of East Haddam.

Thank you for your attention to this matter.

Sincerely,

Allis Brooks Hanley Birch Acres LLC 182 Alger Road East lhddam, CT 06423 I I' 002055

Janette & Jeffrey Lange 60 Beverly Rd New Haven CT 06515 203 389 6360

and

182 Alger Rd East Haddam CT

Re: 1:185583 East Haddam lake drawdown

Dear Members of the Environment Committee:

For many years the water level of Bashan Lake has been lowered in the winter to reduce damage to lake walls that prevent erosion, and more recently to help with milfoil weed control. The State of Connecticut has just finished repairing the dam, which is part of that drawdown process.

We were therefore surprised to hear that the DEEP is now unwilling to lower the lake levels at any time, for all three of those reasons!

In particular, we are interested in preventing wall damage, as we are completing a major restoration of our lake wall which had partially collapsed because of 50 years of wave damage.

We take maintenance of the lake quality seriously and would hope the State of Connecticut and DEEP would do the same. The drawdown level and schedule has always been done in a cooperative and responsible manner between the state and local officials and Bashan Lake Association members. Passage of H85583 would allow this to continue.

Sincerely,

Janette and Jeffrey Lange 'I!' 002056

AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

Bill5583

Date: March 4, 2016

From: John and Christine Mozonski 60 Bailey Road East Haddam, CT 06423 I •I II 002057

To: CT DEEP Environment Committee

RE: House Bill 5583 I Water Levels Bashan Lake, East Haddam, CT

From: Martha Stockman

As a property owner on Bashan Lake in East Haddam, I am in full support of House Bill 5583

I support giving the Bashan Lake Association (BLA) and the Town of East Haddam the flexibility to determine the timetable for and the amount of water to be drawn down to prevent damage to shoreline properties, prevent shoreline erosion and control invasive weeds.

I have been witness to spring flooding on the lake which not only damaged lakefront homes but alsowalls and shoreline, leading to erosion into lake. Such erosion will lead to the deterioration of water quality, which will adversely affect recreational activities like fishing, boating and swimming.

A draw down is also a critical tool in the control of invasive weeds now present in the lake. As witnessed this past year, improper timing of draw down (associated with the dam rebuilding project) prevented the lake from refilling on schedule and led to an overabundance of invasive weed growth. Such weed growth, if not controlled will cause loss of access to the state boat launch, loss of recreational use of a public body of water and hazardous swimming and boating conditions.

Thank for your consideration,

Martha Stockman Bash an Lake Property #14 74 Smith Road East Haddam, CT 'I II 002058

Ladies and Gentlemen of the Environment Committee:

We have lived as year-round residents on Bashan Lake for 30 years. It's been sad to see what has happened to the coves around our beautiful lake. They look more like wild fields of weeds. It's even sadder to see idiot motorcyclists and dirt bikers race on what should be environmentally protected (as well as an area likely rich in historical artifacts) lake bottom. There is no protection for the lake, its residents or the water fowl that help make this a special place.

While we understand the necessity of repairing the coffer dam, we also feel the state that ordered the repair and which owns this lake needs to be actively and immediately involved in restoring Bashan Lake to its rightful pristine condi.tion.

We pay a high tax for the privilege of living on (all right, along the shoreline of) such a glorious body of water. The state must now bear its fair share to help restore and maintain its beauty. Not sharing the financial burden might mean fewer residents along the lake and might mean fewer taxes paid into a state reeling under an already well-publicized deficit. Failing to adequately restore the lake will have a deleterious effect on property values ... and will not help bring in much needed funds to a depleted treasury.

Please consider the natural and ethical benefits of keeping Bashan Lake the jewel that it is. It is a wonderful place to live and one of the best things about living in CT.

Sincerely, Janie Pittendreigh ''1,1'' 002059

March 9, 2016

I am writing in support of House Bill 5583 allowing the town of East Haddam and Bashan Lake Association to have the ability to say when and how much the level of the water will be drawn down on Bashan Lake on a yearly basis.

Allowing residents to have a say in the water levels will benefit the Lake in Many ways, from safe boating to weed control which is crucial at this time. Contamination of the water due to erosion and run off will be reduced. Property damage and the value of the properties will be maintained.

It has been proven time and again, that allowing people to have a voice in concerns, whether in their workplace or their own lives, creates a happy existence for many. As our Governor continues to cut budgets in the state of Ct, I am sure his biggest concern is not going to be the health of lakes and ponds. Allowing the residents of Bashan Lake control of the water level will only assist in reducing some of the financial burden of State committees, DEP and DEEP.

We are SO proud of Bashan Lake and hope you will consider House Bill 558~_as a viable alternative for the State of Ct.

Kathy Palmer 254 Skinner Lane Hebron, Ct 06248 ' I ' ~ I 002060

March 9, 2016

Dear Sirs,

I am in support of passing bill 5583 which will allow the Town of East Haddam control of the water level draw down at Bashan Lake.

Sincerely,

Patricia Marra 121 Lakeside Drive, East Haddam, CT 002061

LEVEL DRAW DOWN AT BASHAN LAKE IN THE TOWN OF EAST HADDAM

My name is Marjorie Kimball. I own property at 21 Lakeside Dr. On Bashan Lake. I am in favor of the passage of Bill 5583. 002062

Environmental Committee/State of Connecticut

I am writing in support of Bill 5583 allowing the town of East Haddam to draw down the water in Bashan Lake each fall to prevent damage to stone walls and docks.

Property owners have invested heavily on stone walls and drawing the lake down a few feet each Fall is crucial to prevent damage from ice. For many years some of our own residents monitored the drawdown-opening and closing the dam as needed. This worked out very efficiently.

Property owners very recently came up with thousands of dollars in a short period of time to help treat the overload of weeds from the recent 18ft. drawdown to repair the dam. Proof that the residents are truly concerned about what happens to Bashan Lake.

This is a serious environmental issue. Please give this Bill careful consideration.

Alice Sabo 48 William F. Palmer Road-Apt. 27 Moodus, Ct. 06469

Summer residence 19 Lakeside Drive East Haddam, Ct. 06423 'I' 002063

3/9/2016

Daniel J. Kehoe 43 Aspinall Dr. Andover, Ct 06232

Environment Committee CT State Capitol RE: House Bill 5583

Dear Committee Members,

I am writing this letter to urge your support of House Bill5583. As a lifelong (54 yrs.) summer resident of Bashan lake and current property owner, I believe this bill has merit to help keep Bas han lake as one of Connecticut's most beautiful. I have many wonderful memories of time spent at this pristine lake- both as a child and an adult introducing my own children to the wonders and enjoyment of Bash an lake. My mother's family has enjoyed this area since the 1930's.

In order to maintain my property and lakefront, it is imperative that the Town of East Haddam and the BLA be allowed to lower the level of the lake as needed. lower levels help save docks and retaining walls from winter ice damage. It also allows clean up and vegetation control of the lake bottom. This in turn will lead to safer swimming and boating and protect property values. Bashan lake can remain a prime recreational area for years to come. I look forward to bringing my own grandchildren there some day. I'm sure all the residents of Bashan lake will appreciate you support of this bill.

Thank you,

Daniel J. Kehoe 'I' 002064

March 9, 2016

To Whom It May Concern:

We are writing to offer support for House Bill 5583 which will allow the town of East Haddam and the Bashan Lake Association the ability to regulate the drawn down on Bashan Lake each year.

Residents feel strongly that it is in the best interest of the state and Bash an Lane property owners to allow us to have the flexibility to say when and how much the water will be drawn down. The lake draw down protects our cottages from damage to retaining walls as well as weed control.

Please consider supporting House Bill 5583 as a positive step towards the future of Bashan Lake.

Thank you for your consideration.

Peter J. Sabo Dana Lamb

19 Lakeside Drive East Haddam, CT 06423

22 Devon Drive Pawcatuck, CT 06379 002065

As a resident ofBashan Lake, E. Haddam, CT., I support passing House bill5583.

Patrick Bengtson 19 Lakeside Drive E. Haddam, CT 06423

44 Prospect Terrace Meriden,CT 06451 , I' 002066

To whom it may concern:

As a resident ofBashan Lake, E. Haddam, CT I support passing House bil15583.

Ryan Bengtson 19 Lakeside Drive E.Haddam, CT 06423

28 Little Fawn Trail Higganum, CT 06441 'I• 002067

To whom it may concern:

As a resident ofBashan Lake, E. Haddam, CT I support passing House bill5583.

Dennis K. Bengtson, Sr 19 Lakeside Drive E.Haddam, CT 06423

28 Little Fawn Trail Higganum, CT 06441 'I• 002068

To whom it may concern:

As a resident ofBashan Lake, E. Haddam, CT I support passing House bill558J.

Dennis Bengtson, Jr. 19 Lakeside Drive E.Haddam, CT 06423

28 Little Fawn Trail Higganum, CT 06441 'I' 002069

To whom it may concern:

As a resident ofBashan Lake, E. Haddam, CT I support passing House bill5583.

Thank you, Tim

Tim P. Sabo 19 Lakeside Drive E.Haddam, CT

18 Hillside Drive Amston,CT 06231 "I II 002070

To Whom it May Concern:

I too, am writing in support of_ House Bill #5583 allowing the town of East Haddam and the Bashan Lake Association to have the ability to say when and how much of the level of the water will be drawn down on Bashan Lake on a yearly basis. As an extended family member of a homeowner on Bashan Lake, it saddens me to even think that the possibility of NOT signing this Bill, will negatively impact so many people and the joy that they share for generations to come. The residents and the Bashan Lake Association respect and take pride in their lake community and work closely together to help maintain the environment and its natural inhabitants and resources. Allowing the residents to support their community will help to preserve the environment, which will increase property values, (generating a strong tax base for the state), while promoting a safe and healthy recreational spot for many families who have spent generations of enjoyment at the Lake. Thank you for considering the signing of House Bill #5583.

Barbara 5 Giangreco 41 Harris Street Kensington, CT 06037

19 Lakeside Drive East Haddam, CT 06423 I I' 002071

To Whom it May Concern:

I am writing in support ofijouse Bill5583 allowing the town of East Haddam and the Bashan Lake Association to have the ability to say when and how much the water level will be drawn down on Bashan Lake.

Allowing residents to have a say in water levels has many benefits for the Lake including reducing the amount of contamination due to erosion and run off as well as preventing property damage due to ice which will help to maintain our property values.

Thank you for your time and I hope that you will seriously consider the voices of the residents of Bashan Lake in making your decision to support House Bill5583.

-Eric Goodwin Lifetime summer Resident of 21 Lakeside Dr 'I< 002072

Environment Committee Public Testimony March 11,2016

TESTIMONY IN SUPPORT OF HOUSE BILL 5583

My name is Kathleen Hutchinson and I am writing in SUPPORT of House Bill5583 AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

My family has owned a cottage on the lake for more than 70 years. Bashan Lake has been an integral and important part of my family's life. My Mom grew up going to the lake every summer, as did I, and then my son. I am hoping that someday my grandchildren will get to do the same. I feel the draw down is important to control the invasive weeds that have been wreaking havoc on Bashan Lake.

In recent years weeds such as milfoil, Phragmites, cattails, and others have invaded the lake. If we do not continue to draw down the lake on regular basis, the weeds will certainly take over Bashan Lake and eventually destroy the ability to partake in the many activities we now enjoy. As it is, we have lost 2 summers at the lake already because of the recent dam repair and subsequent lack of water and growth of these weeds.

I would like to thank both Senator Kennedy and Representative Albis for visiting the lake this past summer and ask I am asking for your support in voting the bill out of committee.

Thank you, 'I' 002073

Kathleen Hutchinson 44 Chestnut Street Hopkinton, MA 01748

Lake Address: 74 Smith Road Cottage #5 East Haddam, CT 06423 , I• 002074

To: Environment Committee From: Donald Massoni 172 Lakeside Dr. East Haddam, Ct.

Subj. : House Bill# 5583, concerning water levels In Bashan Lake, East Haddam.

As a 55 year seasonal resident of East Haddam at Bashan Lake, I would encourage your support of Bill# 5583. Lowering the lake water level during winter months is essential to protect all shore line man made and natural appurtenances from damage due to shifting ice sheets on the lake. The yearly cost for repairs required when the ice moves at the lake high water level can be substantial for lake residents. 002075

Environment Committee Public Testimony March 11,2016

Good morning to all of you that are at this meeting to discuss House Bill 5583 and have shown support for this very important bill. My name is Vincent G. Cmuchowski and I have a summer residence at 128 Lakeside Drive, East Haddam, Ct.. This property is part of Sunset Acres on Bashan Lake.

I have been going out to Bashan Lake since 1967 and have seen many changes. One of the worse changes was the most recent one. The drawdown of 18ft to repair the dam. In my opinion the big drawdown should never have happened and we could have simply used the coffer dam without drawing the whole lake down so low.

Now, since the drawdown and repairs to the dam we have a new invasive weed problem. It is called Phragmites and is a nasty weed. Previously we had a problem with Milfoil which we in conjunction with the DEEP were treating this problem. Our association (BLA) has recently raised over $70,000 (our donations) to defeat this new invasive weed. I was just at the lake last week and it appears that it is about 8 feet down at this point and you can see that the weeds are still in sight.

Bashan Lake was always a very beautiful lake and the water always was of a very high quality. I don't know if that will be possible anymore. With the new weed issue I do not see a bright future for our lake unless we get help to defeat this weed. Future, drawdowns and treatments will be needed.

Please help us out and support House Bill 5583

Thank you, Vincent G. Cmuchowski • I I• 002076

March 8, 2016

To Whom It May Concern:

RE: Bill 5583: An Act Concerning An Agreement Regarding Annual Water Level Draw Downs At Bashan Lake In The Town Of East Haddam.

As homeowners of Bashan Lake waterfront property, we strongly urge you to pass Bill 5583- An Act Concerning An Agreement Regarding Annual Water Level Draw Downs At Bashan Lake In The Town Of East Haddam.

I have been a year round resident of Bas han Lake all of my life and my husband and his family has owned seasonal property for at least that long, or longer. As many of the properties around the lake, we have a retaining wall that was built many years ago. One year that we had a lot of rain and the water level was not monitored properly, we suffered significant damage by the ice. The wall deteriorated very quickly after and was a safety hazard.

With the recent draw down for the dam repairs we had the wall rebuilt, not knowing that we would have to fight for the water draw down, let alone the weed issues we are facing. We need the draw down to be done each year to ensure that our properties can be maintained properly and for the safety of all.

Please relinquish this responsibility to the ones who are most concerned about keeping and maintaining this as one of Connecticut's greatest assets by passing Bill5583!

Sincerely,

Lori and Jeff Olson

2 Hickory Lane, East Haddam, CT 06423 I !I 002077

MARCH 8, 2016

TO: CT ENVIRONMENT COMMITTEE

WE ARE WRITING THIS LETTER IN SUPPORT OF HOUSE BILL 5583

WE ARE LAND OWNERS ON BASHAN LAKE IN EAST HADDAM. WE HAVE BEEN THERE FOR 11 YEARS AND MOST RECENTLY HAVE WITNESSED THE DEVASTATION OF THE THE LAKE BY THE STATES PROJECT TO REPLACE THE DAM.

WE WANT TO EMPHASIZE THE NEED FOR THE TOWN OF EAST HADDAM AND THE BAS HAN LAKE ASSOCIATION TO HAVE FLEXIBILITY IN WHEN AND HOW MUCH WATER WILL BE DRAWN DOWN AT BASHAN LAKE.

THESE DRAW DOWNS ARE CRITICAL TO PREVENT DAMAGE TO WALLS THAT PREVENT EROSION INTO THE LAKE AND FOR WEED CONTROL WHICH IS NECESSARY TO ENSURE ACCESS TO RECREATION AREAS, FOR THE SAFETY OF ALL SWIMMERS, TO PREVENT HAZARDOUS BOATING, AND TO PROTECT PROPERTY VALUES.

THE TOWN OF EAST HADDAM FOR DECADES WAS IN CONTROL OF OPENING AND CLOSING THE GATES TO THE DAM. RESIDENTS WORKED WITH THE TOWN TO COORDINATE THE PROCESS TO MAINTAIN THE HEALTH OF THE LAKE. PLEASE APPROVE THIS IMPORTANT BILL AND GIVE THE RESPONSIBLITY BACK TO THE TOWN.

SINCERELY,

DR. GREGORY EGNACZYK ROBERTA EGNACZYK I I' 002078

Environment Committee Public Testimony March 11, 2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

Good Morning Co-Chairs Senator Kennedy, Representative Albis; Vice Chairs Senator Moore, Representative Arconti; Ranking Members Senator Chapin, Representative Shahan; and esteemed members of the Committee. My name is Craig Chalifoux and I am the President of Wildwood, INC a cooperative community of 38 lake front cottages on Bashan Lake. I am writing in SUPPORT of . House Bill 5583 ANACT CONCERNING ANAGREEMENT REGARDING ANNUAL WATER IEVELDRA W DOWNS ATBASHAN LAKEINTIIE TOWN OF EAST HADDAM.

The annual draw down of Bashan Lake is considered a necessary and important function to our membership. We have experienced that the drawdown protects our docks and waterfront from damaging winter ice flows and controls the invasive weeds that are close to our shore.

Wildwood, Inc. consists of 38 seasonallakefront cottages along the southwest · shore of Bas han Lake. Bashan Lake is a treasure that our community is dedicated to preserving. Since its incorporation in 1981 Wildwood has been a good steward of the lake maintaining our mainly undeveloped 146 acre parcel as an important watershed to Bashan Lake. We are committed to the fight against the invasive weeds that plague the lake and our membership has provided considerable financial support to the Bashan Lake Association for treatment.

Invasive weeds have been a long standing problem at Bashan Lake and the control of these weeds has been·seriously threatened by the recent dam reconstruction project. Prior to the dam reconstruction, DEEP held several public meetings for residents to voice their concerns. The public was assured that the project would be completed timely and that there would be no adverse effect to the lake. However, the project timing did not go as described in those meetings and as a result we now have a new invasive weed, Phragmites. Additionally, this has caused concern that existing invasive plant, milfoil, may be able to root in deeper areas of the lake and be harder to treat.

In closing, I would like to thank both Sen.Kennedy and Rep. Albis for visiting the lake this past summer and ask for their support in voting the bill out of committee.

Sincerely,

Craig Chalifoux President, Wildwood, Inc. , I' 002079

Environment Committee Public Testimony March 11, 2016

TESTIMONY IN SUPPORT qf HOUSE BILL 5583

For over 50 years my family has enjoyed this pristine crystal clear Bashan Lake and 6 years ago I was blessed to own a waterfront cottage of my own, ever since I could remember every fall the lake was drawn down to protect the docks and structures near the water.· The draw down also had a more vital function and that was to stop invasive weeds such as Cattails & Phragmites which is necessary to ensure access to recreation areas, for the safety of all swimmers, to prevent hazardous boating, and to protect property values.

The past state dam project was extended therefore the explosive invasive weeds overtook almost the entire lake, the BLA association had to pay $40,000 to control these weeds and there is no guarantee no harm will come to the water with the massive amount of Herbicide used. I strongly urge you to support HOUSE BILL 5583!!!

Thanks to both Sen. Kennedy and Rep. Albis for visiting the lake this past summer and I ask for their support in voting the bill out of committee.

Thank you for your Consideration, Sincerely, Phillip Zwick 153 Lakeside Dr. East Haddam 002080

House Bill 5583

March 7, 2016

We would like the Environment Committee to vote forl;!ouse Bill 5583.

Bashan Lake has had seasonal drawdowns since the 1940s. The drawdowns are critical to prevent damage to walls that prevent erosion into the lake and for weed control which is necessary to ensure access to recreation areas, for the safety of all swimmers, to prevent hazardous boating and to protect property values.

Thank you,

John A and Barbara A Hoban

Home: 415 Westchester Road

Colchester, CT 06415

Lake: 72 Bailey Road

East Haddam, CT 06423 002081

House Bill 5583

AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM

[email protected]

ATTN: Environment Committee

To whom it may concern:

We are strongly in favor of this bill regarding the drawdown of Bash an Lake each fall. We have been property owners on Bashan Lake for over fourteen years. We have seen firsthand the damage that ice can do along the shoreline to our walls and docks if the lake is not lowered.

It is important for the Town of East Haddam to have the flexibility to say when and how much the water will be drawn down each year. Drawdowns are critical to prevent ice damage and allow for the control of invasive weeds.

We ask that you please support and approve this bill.

Respectfully,

Ronald and Deborah Kapushinski

64 Bailey RD,

East Haddam, CT 002082

Environment Committee Public Testimony March 11, 2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

Testimony in support of House Bill5583

Good Morning, Co-Chairs Senator Kennedy, Representative Albis; Vice Chairs Senator Moore, Representative Arconti; Ranking Members Senator . Chapin, Representative Shaban; and esteemed members of the Committee.

My name is Thomas Novak and I am writing in Support of House Bill 5583 AN ACT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

I have been living at Bashan Lake since 1957. I have seen what damage ice has caused along the waterfront.

Drawing the water level down helps control the spread of shallow water weeds.

Please pass this bill and help save waterfront properties and our beautiful clean lake.

Thank You,

Thomas Novak 79 Lakeside Drive East Haddam, CT

ntom [email protected] 'I I• 002084

March 8, 2016

Environment Committee Public Testimony

Testimony in SUPPORT of House Bill 5583 s

Good morning Co-Chairs Senator Kennedy, Representative Albis, Vice Chairs Senator Moore, Representative Arconti, Ranking Members Senator Chapin, Representative Shaban and esteemed members of the Committee.

My name is Linda Dewhurst and I am writing in SUPPORT of Bill 5583 AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

The drawdowns are critical to prevent damage to walls that prevent erosion into the lake and for weed control which is necessary to ensure access to recreation areas, for the safety of all swimmers, to prevent hazardous boating and to protect property values.

I am in agreement of this proposed bill that would require the Department of Energy and Environmental Protection (DEEP) to enter into an agreement with the town of East Haddam and the Bashan Lake Association and enable water drawdowns at Bashan Lake.

This bill accomplishes that and I am grateful for the support of the Environmental Committee who agreed to raise the bill.

I'd like to thank Senator Kennedy and Representative Albis for visiting our beautiful lake this past summer and ask for their support in voting the bill out of committee.

Sincerely,

Linda Dewhurst

77 Lakeside Drive

East Haddam, CT 06423 'I• 002085

March 8, 2016

Environment Committee

To whom it may concern,

We are writing in support of House Bill 5583.

We believe it is very important to have the water in Bashan Lake drawn down in the winter months. Not only does a draw down help in killing invasive species during a freeze, it also helps with erosion and property damage that occurs when the lake is left full. If property is damaged with the lake left full, it certainly has a bigger impact on the water quality if residents have to try and do repairs from ice damage while the water is high in the spring.

Thank you for your consideration of House Bill 5583. ·

Edward and Nancy Smith 92 Laurel Cove East Haddam, CT 06423

Ed cell: 860-884-6436 ,, I• 002086

Janice Czapiga

1 Viney Drive

Cromwell, CT 06416

Dear Environment Committee;

I have been a summer resident in Sunset Acres at Bashan Lake for over 40 years. Always at the end of summer we have a drawdown of the lake. With this drawdown many of the water front property owners are able to work on their properties or retaining walls. Also the drawdown protects the walls and some docks from ice damage during the winter which is very important to the property owners. In the past few years the BLA was under pressure to continue to beg the DEEP to lower the water level

As a member of the BLA, I would like to see that the Bill# H.B.5583 be passed. This way, The BLA and the Town of East Haddam can control the drawdown in a timely manner in the fall.

As a summer resident, Sunset Acres member and BLA member, I support the Bill# H.B.5583.

Sincerely,

Janice Czapiga

I , I• 002087

Arnold Olson

25 Kazersky Drive

Wallingford, CT 06492

To Whom It May Concern:

I am a cottage owner at Lake Bash an in East Haddam, CT and am part of the Wildwood Association, Cottage #18. I highly encourage you to support HB 5583, An Act Concerning An Agreement Regarding Annual Water Level Draw Down At Bash an Lake In The Town Of East Haddam. There are several reasons why this bill is needed. By drawing down the lake, docks and walls will be protected from ice damage which has the potential of costing property owners hundreds if not thousands of dollars. Non-native weeds are killed when the lake is lowered. I'm sure that you are very familiar with the milfoil difficulties that most Connecticut lakes face. By not lowering the lake, this plant left unchecked will cause swimming hazards near the shoreline as well as boating difficulties. Also, when the lake is lowered, property owners can repair existing walls and docks in the fall. For the above reasons, please give your support to this proposal. Thank you for your help in this matter!

Sincerely,

Arnold Olson 'II 002088

We are writing in support g_f House Bill 5583 concerning Bashan lake levels and the DEEP administration of such levels. I am in support of those concerned with Bashan lake having the right to drawn down the lake when needed.

The drawdowns are critical to prevent damage to walls that prevent erosion into the lake and for weed control, which is necessary to ensure access to recreation areas, for the safety of all swimmers, to prevent hazardous boating, and to protect property values. In addition the State of CT just completed the project of building of a new dam at Bashan Lake to ensure it can be opened and closed as required. The dam should be used for its intended purpose.

We support Melissa Ziobron and the Bill she is proposing

Wildwood Cottage Owners Lynne Frick Jayne Pearson 'I• 002089

Environment Committee Public Testimony March 11, 2016

TESTIMONY IN SUPPORT of HOUSE BILL 5583

Good Morning Co-Chairs Senator Kennedy, Representative Albis; Vice Chairs Senator Moore, Representative Arconti; Ranking Member~ Senator Chapin, Representative Shahan; and esteemed members of the Committee. Our names are Peter and Kelly Reiter and we are writing in SUPPORT of House Bill 5583 AN ACT CONCERNING AN AGREEMENT REGARDING ANNUAL WATER LEVEL DRAW DOWNS AT BASHAN LAKE IN THE TOWN OF EAST HADDAM.

The main purpose of the bill is for the BLA and the Town of East Haddam to have the flexibility to say when and how much the water will be drawn down at Bashan Lake. The draw downs are critical to prevent damage to walls that prevent erosion into the lake and for weed control which is necessary to ensure access to recreation areas, for the safety of all swimmers, to prevent hazardous boating, and to protect property values.

I also wanted to bring up my other issue of how the DEEP did wrong by our lovely Bashan Lake. My husband and I have owned a seasonal cottage at 3 Abbe Lane since 2008. Our lakehouse is located on the cove where the dam was repaired. Our house has 3 sides facing the water. Summer 2 015 our house sat on what looked like a cliff with dirt and rocks surrounding it. We of course never used the house this past summer since we didn't have water to enjoy. Our fear is that this summer the lake will still not be deep enough for us to be able to open up our house and use. This was one of the most beautiful lakes in the state of CT, pure, clean and weed free. This past fall it was in terrible shape and the shores were choked with weeds that the DEEP and the lake owners had to need to deal with in a time consuming and costly manner. The saddest truth of this story is it could have been avoided. If only the dam repair had been completed fall of 20 14like originally proposed before the snow melt and spring rains in spring 2015 then the lake wouldn't have this issue now in spring ~016. When we as owners were told of this dam repair it was explained to us to close up our houses by labor day 2014 (which then already shortened our season since most of the seasonal homes get closed up in late Sept/early October) so that they could start emptying the lake right away and get the dam repaired before the winter snows arrived. The plan explained to us was that it would be completed BEFORE winter so that the lake could start filling back up right away with the help of snow melt and spring rains. And with how much snow we got in winter 2015 it would have been almost filled 002090

completely. I'm not sure why it was so behind schedule when it was finally started in the spring. I don't want to know how much money we have lost in the value of our home with the way the lake is now. Even after we treated the weeds I'm not sure this lake will ever be in the pristine shape it was before this dam repair. We have 3 daughters that are growing up fast and they now will most likely lose at least 1 more summer of lake enjoyment on top of this past summer. Please recognize your department's fault in this situation and do right by the owners of the homes on this lake which was a CT treasure, now a weed filled bog and remedy this situation in a timely fashion. Please vote on allowing the BLA to decide when the lake needs drawdowns on Bashan Lake. Sincerely, Kelly and Peter Reiter

3 Abbe Lane East Haddam, CT

307 Sun Dance Road Stamford, CT

Thank both Sen.Kennedy and Rep. Alb is for visiting the lake this past summer and ask for their support in voting the bill out of committee.