Massachusetts Department Dredging Feasibility Process of Environmental By Eric Las, P.E., Beals and Thomas, Inc. Protection (MASS DEP) and U.S. Environmental Protection Agency (EPA) Pesticide Permit Update: The National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) for applications of pesticides to waters of the U.S. mandated by the 2009 Sixth Circuit Court of Appeals decision (National Cotton Council, et al. v. EPA) became effective on October 31, 2011. The Circuit Court of Appeals 2009 decision overturned EPA’s 2006 Final Rule on Aquatic Pesticides and found that point source discharges of chemical and biological pesticides that leave a residue into waters of the U.S. are pollutants under the Clean Water Act (CWA). Legislation passed by the U.S. House of Representatives on March 31, 2011, H.R. 872: ‘Reducing Regulatory Burdens Act of 2011’ would eliminate the NPDES permit requirement under the Clean Water Act (CWA) and leave sole authority under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). However, H.R. 872 has been held up in the U.S. Senate by holds placed on the bill by Senators Cardin (D-MD) and Boxer (D-CA). Sixty votes are required to remove the holds. Sixty-eight Senators are in favor of removing the hold but Senate Majority Leader Harry Reid (D-NV) will not take action and bring H.R. 872 to the Senate floor for a vote. Until further action is taken, states are required to implement the NPDES permitting process. In Massachusetts, because EPA NPDES permitting authority has not been delegated to the Massachusetts Department of Environmental Protection (MA DEP), two permitting and reporting processes now exist.
In As a continuation of the article prepared for the Summer 2010 edition of Water Wisdom that outlined the permitting process for lake and pond dredging projects, this article will review the planning and feasibility process. There are numerous factors that must be considered during the feasibility process and these must be assessed before any project permitting can commence. These factors include the water depths and volume, sediment thickness and volume, sediment composition and chemical analysis, inlet and outlet locations, watershed size and pond flushing rates, equipment access and staging areas, wildlife habitat and ecological considerations, sediment disposal options and many other considerations. The comprehensive assessment of these factors will help to determine whether dredging is feasible and if so, which dredging method will be most efficient and effective for meeting the project constraints and goals. Similar to a feasibility study, we will briefly explore how these factors are considered when evaluating conventional versus hydraulic dredging methods that are most commonly utilized on projects in Massachusetts. Conventional vs. Hydraulic: Conventional “dry” dredging involves draining the pond and dewatering the sediment as much possible before utilizing excavation equipment such as bulldozers, backhoes, and/or excavators to remove the dewatered sediment and place it in trucks for disposal. Conventional dredging is typically better suited for smaller ponds with small watersheds and few tributary inlets. This method is also applicable in ponds with broad areas of shallow water depths of two feet or less where hydraulic dredging equipment cannot access. It is important to control pond inflows during conventional dredging projects to prevent re-saturation of sediments and this is typically much more easily achieved in smaller ponds. If the pond occurs on a tributary stream, it will likely be necessary to install a temporary bypass pipe to convey stream flows
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Continued on page 3
By Jeff Castellani
www.macolap.org
Winter 2012
MA COLAP Water Wisdom
Officers & Directors President Al Collings afc@charter.net Vice President Frank Lyons franktlyons@verizon.net Acting Secretary John Reed reedjp123@yahoo.com Treasurer Eric Las elas@btiweb.com Directors-at-Large Mark Briggs markbrggs@yahoo.com
Jeff Castellani jjc1369@verizon.net
Jack Hickey jhickey@jhrcs.com
Erika Haug EHaug@aquaticcontroltech.com
Carol Hildreth hildreth@comcast.net
Newsletter Editor: Frank Lyons franktlyons@verizon.net List of Articles MASS DEP and EPA Permit Update......pg. 1 Dredging Feasibility Process...............pg. 1 Erika Haug New Director........................pg. 2 Membership Feedback Needed!............pg. 2 Call to COLAP Members........................pg. 2 MA COLAP Action Plan..........................pg. 2 President’s Letter ..................................pg. 4
SPECIAL THANKS We would like to extend special thanks to Gerry Smith, Aquatic Control Technology, Inc, Carl Nielsen of ESS Group, Inc., Paul Davis of GZA GeoEnvironmental, Inc., and Will Stevenson of Lycott Environmental, Inc., for providing financial support for the publication of our newsletter.
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Erika Haug New Director Please welcome Erika Haug as our newly elected MA COLAP Director. Erika grew up on Emerald Lake in Hillsboro, NH and graduated in 2008 from McGill University, Montreal, Quebec with a major in biology and a minor in environmental science. In 2005 and 2006 she interned with the New Hampshire Department of Environmental Services Exotic Species Division, and in 2007 worked in the Plant Science Department at McGill studying phragmites growth patterns. Currently, she is an Aquatic Biologist with Aquatic Control Technology, Inc. Erika will be working with Director Jeff Castellani to revise and update our website.
Membership Feedback NEEDED! On January 28—at our 25th Annual Conference-- The Board of Directors invite you to join in a group discussion and planning session regarding the future and direction of our organization. Your ideas and input will be vitally important in formulating an action plan to coordinate, advocate for or against and adjust to and inform the lake management exigencies facing us all, today and tomorrow.
Call to COLAP Members and Interested Parties Focus on the many issues associated with Massachusetts’ 3,000+ lakes and ponds can only and will certainly increase as time goes by. Some basic considerations: real estate taxes for shorefront owners being assessed higher values; ownership of dams by municipalities, or by private owners, mill companies, the State, various trusts, associations, watershed districts etc.; wetlands protection and declining water quality; invasive species control; the poor or lack of flood and stormwater control; are just some of the challenges that face lakes and ponds stewardship with ever more urgency. We must become stronger, more effective advocates.
MA COLAP ACTION PLAN In order for MA COLAP to increase its presence and drive its mission (The purpose of the Massachusetts Congress of Lake and Pond Associations, Inc. is to preserve, protect, maintain and enhance the environmental, aesthetic, recreational and economic values of lakes and ponds, and to promote watershed management, within the Commonwealth of Massachusetts), an executive director with staff support, as is sanctioned under Section 8 the Bylaw, will be essential and whose functions would include, but would not be not necessarily limited to: www.macolap.org
Massachusetts Congress of Lake and Pond Associations, Inc. (MACOLAP PO Box 873 West Brookfield, MA 01585
Put Postage Here
BRING LOTS OF FOLKS!
Lake Management 101 (LAKE & POND RESTORATION TECHNIQUES for the Novice)— FRESHWATER DREDGING—Debunking the MYTHS ESSENTIAL STORMWATER SOLUTIONS AQUATIC INVASIVE SPECIES update MassDEP 10 Stormwater Management STANDARDS AQUATIC WEED CONTROL Center Pond 6-species Progress REMOVING nutrients (esp. PHOSPHOROUS) –2 methods MASTEP 7-yr findings on Effectiveness of Pollution Removal MIRROR LAKE--3 WATERSHED MGT PLAN Models Life-history based mgt of FANWORT, WATER CHESTNUT, and 2 MILFOILS— Discussing and Planning MACOLAP’S FUTURE!
Exhibits and Workshops Include:
Business Meeting Discussion and Planning of MACOLAP’s Future
Jim Straub, Mass DCR Lakes & Ponds Update Ed Himlan, MWC Billion Gallons a Year Project
KEYNOTE SPEAKER: Representative Anne Gobi, Chair, Joint Committee on Environment, Natural Resources and Agriculture
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Stormwater, Policies, Regulations, & Legislation Affecting our Lakes & Ponds Senator Stephen Brewer
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www.macolap.org
You may register and pay online
From Highland Street: While on Highland Street, stay in the right hand lane. Stay on Highland Street for 1.5 miles. (past Elm Park and Doherty High School on the left.) At the rotary, bear left onto June Street. At the second traffic light, turn right onto May Street. The main entrance to the College will be three blocks up on your left. Follow COLAP signs to the Student Center.
From Rt. 290 East: Take Exit 17 (Rt. 9). Turn left onto Rt. 9 West which will turn into Highland Street at bottom of the hill. Proceed up the hill onto Highland Street. (see from Highland St.)
From Rt. 290 West: Take Exit 18 (Rt. 9 West); turn right off exit ramp and stay in center lane, following directions for Rt. 9 West. Turn right onto Rt. 9 West, also known as Highland Street. (see from Highland St.)
From Rt. 190 South: Take Rt. 290 West. (see from 290 West)
From Rt. 146 North: Take Rt. 146 North to Rt. 290 East. (see from 290 East)
From Rt. 9 West: Follow Rt. 9 West into Worcester. (see from Highland St.)
From Rt. 495: Take Exit 25 to Rt. 290 West. (see from 290 West)
From Massachusetts Turnpike (I-90): Take Exit 10 (Auburn) to Rt. 290 East. (see from 290 East)
486 Chandler Street, Route 122, Worcester, Mass.
Directions: Worcester State University
8:00 AM to 3:00 PM (Snow Date: Sunday, January 29) [Call 508-429-5085 for message]
Saturday, January 28, 2012
MACOLAP’s 25th ANNUAL LAKE and POND MANAGEMENT WORKSHOP Student Center, Worcester State University
MACOLAP 25th Annual Winter Workshop January 28, 2011, Worcester State University (Snow date, Jan 29) 8:00 Registration and Continental Breakfast (Included) 8:30—10:15 Plenary Session
Stormwater, Policies, Regulations & Legislation Affecting Massachusetts Lakes & Ponds Senator Stephen Brewer KEYNOTE SPEAKER: Representative Anne Gobi, Chair, Joint Committee on Environment, Natural Resources & Agriculture
Jim Straub, NALMS Update & Mass Lakes and Ponds Update Ed Himlan, Billion Gallons a Year Pollution Reduction Project Christine Odiaga, MassDEP River & Stream Continuity Project
Break and Exhibit Time
Business Meeting: Discussion and Planning of MACOLAP;s FUTURE.
10:15—10:30 10:30-11:30 CONCURRENT WORKSHOP SESSIONS A,B,C,D,E1 (Choose 1) Sessions are repeated, Except E A1. For new people LAKE & POND RESTORATION TECHNIQUES-—BRING SPECIFIC QUESTIONS FROM YOUR LAKE-- Jim Straub, MassDCR Lakes & Ponds Program B. FRESHWATER DREDGING—Debunking the MYTHS— Dan Herzlinger and Carl Nielsen, ESS Group C "PHOSLOCK" -- A new product to remove free reactive phosphorous (FRP) from the water and bottom sediments, may become the preferred tool for TREATING NUISANCE ALGAE-Speaker TBA, Aquatic Control Technology, Inc. (ACT) D. ESSENTIAL STORMWATER SOLUTIONS for Lakes and Ponds--- Ed Himlan, MWC Executive Director E1. Aquatic Invasive Species—ESTABLISHED and POTENTIAL --Tom Flannery, Aquatic Ecologist, DCR L&P Program
Break
E2. Massachusetts DEP 10 STORMWATER MANAGEMENT STANDARDS, What Lake and Pond Folks Need to Know— Christine Odiaga, DEP Circuit Rider 11:30—11:45
11:45—12:45 Repeated CONCURRENT SESSIONS A,B,C,D, E2 (Choose 1 of Above)
12:45—1:45 LUNCH BREAK, EXHIBITS & NETWORKING 1:45—2:45 CONCURRENT SESSIONS F, G, H, J, K,, L (Choose 1) F. REMOVING Internal Loading Nutrients (PHOSPHOROUS) from Your Lake—Results from a Pilot Study on Lake Attitash, Amesbury – Jon Higgins, HEA Assocs. G. MASTEP Findings from 7 Years Research into Pollution Removal Effectiveness of Several Stormwater Treatment Systems— Jerry Schoen, WRRC, UMass Amherst
MA COLAP 25th Annual Lake and Pond Management Workshop January 28, 2012 (Snow date January 29)
Student Center, Worcester State University Please pre-register as soon as possible, by January 23: We expect a large turnout.
Name__________________________________________
Address________________________________________
Organization____________________________________
H. MIRROR LAKE WATERSHED MANAGEMENT PLAN – A Case Study using 3 Different Models to Characterize the Lake— Bob Hartzel, GeoSyntec, Inc.
Tel. No.________________________________________
You may also be able to register and pay online at www.macolap.org Questions? 508-429-5085
MACOLAP c/o CT Hildreth 135 Washington Street Holliston, MA 01746
Make checks Payable to MACOLAP and Send to:
Lunch is covered in the registration fee, except for late registrants.
Registration at the door will be $5 more per category, plus those registering after January 23 should plan to bring their own lunch.
Enclosed $____________
Pre-registration: $25 Members $30 Nonmembers $15 Students
Afternoon Workshops: F G H J K L (Circle one)
Morning: Repeated Workshops A B C D, E1, E2 (Circle 2 of these)
Email__________________________________________
City ______________________State ____ Zip_________
J. CENTER POND Progress Report on 6 Invasive Species, including Hand Pulling combined with Chemical Treatment.— Mercedes Gallagher, Center Pond Weed Project
WATER CHESTNUT, and the 2 INVASIVE MILFOILS-
K. Life-history based management of FANWORT, Joy Trahan-Liptak & Brittany Laginhas, Aquatic Biologists, Lycott Env., Inc.
L. MACOLAP and its Future—Discussion and Planning Session, led by MACOLAP Officers and Directors. 2:45—3:00 Raffle and END Session Topics are subject to change Attention: CONSULTANTS AND LAKE GROUPS with DISPLAY MATERIALS (EXHIBITS) such as posters, Brochures, dioramas, signs, etc. You are welcome to set up a Display. For particulars, and to reserve a display spot, please call Carol Hildreth (508-429-5085).
Display your Wares and Successes!
BRING LOTS OF FOLKS INTERESTED IN TAKING CARE OF THEIR LAKE or POND RESOURCE
Winter 2012
MA COLAP Water Wisdom
Page 3
Dredging Feasibility Process
1. Continuing efforts to increase membership by organizing chapters on the North Shore, Continued from page 1 South Shore, Greater Boston and Cape Cod and the Islands while building on an established base in Central and Western Massachusetts. through the pond between the inlet and outlet, while dewatering and dredging occurs. Depending upon the type of outlet control structure, many small ponds can 2. Heightening awareness and higher visibility of be easily drained by gravity. Often however, pumping lakes and ponds issues through outreach to influence is required to dewater the pond to the sediment layer State and local decisions; becoming a collective voice then a sump is typically excavated at the deepest point for change (200 foot and shoreline buffer zones) (restoration of Lakes and Ponds Grants)(support to further dewater the sediment layer. Since the pond is establishment of sustainable yield and natural flow drained during the conventional dredging process, this regime criteria on a watershed by watershed basis)‌ dredging method often results in greater ecological and wildlife habitat impacts. These environmental impacts 3. Serving as liaison and partner with strategic are usually the most significant factor in determining interest affiliates in promoting use of BMPs like rain whether the project can be successfully permitted. gardens, water quality monitoring, smart and green Hydraulic dredging involves the removal and growth and LID initiatives, proprietary and nonproprietary transportation of sediment via sediment/water slurry. stormwater attenuation and erosion controls. The hydraulic dredging equipment is mounted on a small barge that utilizes a dredge with horizontal cutter 4. Applying for and generating matching grant head and centrifugal pumps that pull the sediment/ funds and/or in-kind services from wide array of water slurry from the pond bottom and convey it through sponsors including the engineering community, BMP flexible discharge piping to a nearby upland location. suppliers and installers, lake and pond associations, Since water is used as a medium for transportation of utility companies, private donors, fellow conservation sediments during the dredging process, it needs to be separated from the slurry at the upland location prior advocacy groups. to final disposal. The various methods for separation of sediments from the slurry include the use of settling basins, filter bags, geotextile tubes (“geotubesâ€?) and mechanical dewatering. Given the need to dewater the sediment at an upland area, a larger staging area is often needed for hydraulic dredging projects. Abutting property access and usage is therefore an important consideration. Since at least two feet of water depth is usually required to float a small barge, this method is best suited to deeper areas of a lake or pond. Depending upon the type of outlet control structure, it may be possible Continued from page 1 to install additional flashboards to temporarily raise the The current MA DEP permitting process which includes water level during the dredging process to achieve better the yearly submittal of a permit application (MA DEP access to shallow areas. There are many advantages to Form BRP 04 WM) with an $80 fee and annual usage hydraulic dredging in larger lakes and ponds since this method does not require drawdown of the lake. There is reporting will remain in place. Authorization under the EPA NPDES PGP will be no need to control hydrologic inputs or bypass stream required if a water body will exceed the annual treatment flows and typically there are fewer ecological impacts as threshold of 20 linear miles or 80 acres of surface many motile organisms in the pond ecosystem are able area. Activities required under this process include to move away from areas disturbed by dredging. the preparation and submittal of the PGP application Given the large number of factors that must be (EPA Form 6100-22), also known as the EPA Notice of considered, it is clear to see the importance of Intent (NOI), annual reporting (EPA Form 6100-25) and performing a thorough feasibility study as the first step preparation of a Pesticide Discharge Management Plan in the dredging process. Once the feasibility study has (PDMP). Although the EPA will not charge an application been completed and a preferred dredging method has fee for the issuance of the five-year permit, For-Hire been selected, the process of determining the required Applicator businesses may charge an administrative fee permitting and estimated dredging costs can begin. The discussion of dredging cost will be the subject of a future for the preparation of these documents. More information can be viewed on this permit program Water Wisdom article, so stay tuned. at: www.epa.gov/npdes/pesticides
PLEASE COME HELP US HELP YOU!!
MASS DEP and EPA Pesticide Permit Update:
www.macolap.org
Massachusetts Congress of Lake and Pond Associations, Inc. (MA COLAP) P. O. Box 873 West Brookfield, MA 01585 Return Service Requested
Winter 2012 President’s Letter Winter 2012
By Al Collings, MA COLAP President Dear members and friends of MA COLAP, This is such an important topic, that I want to repeat my summer 2011 Presidents letter. We have a challenge before us. MA COLAP has been revitalized and the board of directors is now discussing the next phase of growth and outreach to lake and pond associations across the commonwealth. The initial intent of the organization was to have an umbrella state wide association with chapter associations in various regions. The very active and successful Lake and Pond Associations of Western Mass. (LAPA West) is the only current regional association. We had a central Mass. Association for brief time, but had to suspend its activities to concentrate on the rebuilding of the state wide organization. Now, the board of directors is discussing how to proceed with developing COLAP chapters in the north east, south east and central areas of the state. As part of the effort, we are also again discussing the creation of an executive director position (alternatively, could be the next president of MA COLAP) that could concentrate on this regional development work.
Such a position would also take the lead in monitoring and testifying on legislative and regulatory proposals. Like everything else in life, this increased effort will take time and money. Already, members of the board of directors are looking at potential funding sources as well as discussing a paid position with individuals who might want to take on the challenge of leading MA COLAP in the future. Want to learn more and help? Talk to me at the January Workshop or call me at 508.867.7165 or e-mail me at afc@charter. com.
www.macolap.org
Have a safe and enjoyable winter season. Al Collings, President