TOWN OF WAYLAND MASSACHUSETIS
01778
CONSERVATION COMMISSION TOWN BUILDING 41 COCHITUATE ROAD TELEPHONE: (508) 358-3669 FAX: (508) 358-3046
March 24, 2008 Michael Lowery 120 Lakeshore Drive Wayland, MA 01778 RE:
Order of Conditions and Chapter 194 Permit for Dudley Pond (DEP 322-698)
Dear Mr. Lowery, Enclosed are the original Order of Conditions and Chapter 194 Permit for Dudley Pond. You are responsible for meeting all the conditions of both the Order of Conditions and the Chapter 194 Permit. The Order and Permit both must be filed at the Middlesex South Registry of Deeds. Thereafter, evidence of the recording must be submitted to the Commission prior to commencing work. Written notice of not less than two nor more than five business days prior to the commencement of any activity on the site must be submitted to the Commission. A form and a summary checklist are enclosed. The applicant shall submit to the Town documentation that there will be a hold aside of not less than 10% of the amount of the payment to be made for the application of herbicides and pelmitted follow-up activities which shall not be released unless the Conservation Commission has made a formal finding that the application of herbicides and follow足 up activities permitted in a given year has complied with the conditions of this Permit.
Please note that any modification of your plans must be reported to the Commission and may necessitate either an amendment to the Order of Conditions or the submission of a new Notice of Intent. If you have any questions, please call 508-358-3669.
SinCerel1ll~ Bri ]. Monahan, nservation Administrator Ene. (2 Original Decisions) cc: Town Clerk w/enc. DEP, Northeast Regional Office w/enc. Building Commissioner w/enc. Frederic E. Turkington Board of Selectmen Board of Health Planning Board Abutters Town Assessor File
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.
1. Conservation Commission
2. This issuance is for (check one): a.
3. To:
[8J Order of Conditions
b.
D
Amended Order of Conditions
Applicant:
Michael P.
Lowery
a. First Name
b. Last Name
Town of Wayland - Surface Water Quality Committee c. Company
vQ
~
Wayland
From:
120 Lakeshore Drive d. Mailing Address
Wayla==n-.:..:d=---
_
e. CitylTown 4.
MA
01778
f. State
g. Zip Code
Property Owner (if different from applicant): Frederic E.
Turkington
Town of Wayland
a. First Name
-b-.L-a-s-tN ""-a-m-e----Â
c. Company
41 Cochituate Road d. Mailing Address
5.
6.
7. 8.
Wayland
MA
01778
e. CitylTown
f. State
g. Zip Code
Project Location: Dudle Pond
Wayland
a. Street Address
b. CitylTown
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known (note: electronic filers will click for GIS locator):
42d 19' 49.56" N
71 d 22' 18.93" W
e. Latitude
f. Longitude
Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): a. County
b. Certificate (if registered land)
c. Book
d. Page
Dates:
--bW()...V1 31/ J..ooy a. Date NOiiCeJof Intent Filed
}l\AR..c.b \ 3 I aGoS-b. Date Public Hearing Closed
~ c,b ~y 'd..OQ~
l
c.
te of Issuance
Final Approved Plans and Other Documents (attach additional plan or document references as needed): a. Plan Title b. Prepared By
c. Signed and Stamped by
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
g. Date
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number.
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, 搂40
B. Findings 1.
Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
a.
D
Public Water Supply
b.
D
Land Containing Shellfish c.
Prevention of Pollution
f.
D D
d.
D
Private Water Supply
e.
D
Fisheries
g.
D
Groundwater Supply
h.
D
Storm Damage Prevention i.
D
Flood Control
2.
This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Protection of Wildlife Habitat
Approved subject to: a.
D the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control.
Denied because: b.
c.
D the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. 0 the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
0
Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) Proposed Permitted Proposed Resource Area Alteration Alteration Replacement
3.
4. 5.
6.
wpaform5.doc路 rev. 311105
0 0 0
Bank Bordering Vegetated Wetland Land Under Waterbodies and Waterways
linear feet
a. linear feet
Permitted Replacement
a. linear feet
b. linear feet
C.
d. linear feet
a square feet
b. square feet
c. square feet
d. square feet
a. square feet
b. square feet
c. square feet
d. square feet
e. cu.yd dredged
f. cu.yd dredged Page 2 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
~
Massachusetts Wetlands Protection Act M.G.L. c. 131, 搂40
B. Findings (cant.)
Resource Area 7.
0
Bordering Land Subject to Flooding Cubic Feet Flood Storage
8.
0
Isolated Land Subject to Flooding Cubic Feet Flood Storage
9.
0
Riverfront area Sq ft within 100 ft
Sq ft between 100-200 ft
Proposed Alteration
Permitted Alteration
Proposed Replacement
Permitted Replacement
a. square feet
b. square feet
c. square feet
d. square feet
e. cubic feet
f. cubic feet
g. cubic feet
h. cubic feet
a. square feet
b. square feet
c. cubic feet
d. cubic feet
e. cubic feet
f. cubic feet
a. total sq. feet
b. total sq. feet
c. square feet
d. square feet
e. square feet
f. square feet
g. square feet
h. square feet
i. square feet
j. square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10.
0
Designated Port Areas
11.
0
Land Under the Ocean
12.
0
Barrier Beaches
13.
0
Coastal Beaches
14.
0
Coastal Dunes
15.
0
Coastal Banks
16.
0
Rocky Intertidal Shores
17.
0
Salt Marshes
18.
0
Land Under Salt Ponds
19.
0
Land Containing Shellfish
20.
0
Fish Runs
21.
0
Land SUbject to Coastal Storm Flowage
wpaform5.doc路 rev. 3/1105
Indicate size under Land Under the Ocean, below a. square feet
b. square feet
c. cu.yd dredged
d. cu.yd dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet
b. square feet
c. ely nourishmt.
d. ely nourishml.
a. square feet
b. square feet
c. ely nourishmt.
d. c/y nourishmt
a. linear feet
b. linear feet
a. square feet
b. square feet
a. square feet
b. square feet
c. square feet
d. square feet
a. square feet
b. square feet
c. cu.yd dredged
d. cu.yd dredged
a. square feet
b. square feet
c. square feet
d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. cu.yd dredged
b. cu.yd dredged
a. square feet
b. square feet Page 3 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, 搂40
c. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number
wpaformS.doc路 rev. 3/1/05
322-698
Page 4 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, 搂40
C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more space for additional conditions, select box to attach a text document
0
wpaform5.doc路 rev. 3/1/05
Page 5 or 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, 搂40
D. Findings Under Municipal Wetlands Bylaw or Ordinance 1.
Is a municipal wetlands bylaw or ordinance applicable? DYes
2.
The
3
0
-=-W_a~YL-la_n_d Conservation Commission
_
D
No
hereby finds (check one that applies):
that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw
b. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4.
D
that the following additional conditions are necessary to comply with a municipal ordinance or bylaw:
a. Municipal Ordinance or Bylaw
b. Citation
The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for additional conditions, select box to attach a text document
c.
The special conditions relating to municipal ordinance or bylaw are as follows:
D
wpaform5.doc路 rev. 3/1/05
Page 6 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
Mf\a.&
This Order is valid for three years, unless otherwise specified as a special ;;1:', ;lOO K' condition pursuant to General Conditions #4, from the date of issuance. 1.'Date of Issuance Please indicate the number of members who will sign this form: _ _ _ f) _ This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. ..=c~
Signatures:
~rH/SacL~
Notary Acknowledgement Commonwealth of Massachusetts County of
2~~ -:::------"-----'--------"-----of
On this
Day
Before me, the undersigned Notary Public, personally appeared proved to me through satisfactory evidence 0
'2 tS> 0
(}-{ 6..1J..r-.
I
Month
=:&<" ~
I"a Name of Document Signer
entification, which
b
Year ~
He t..<.J~
was/~
K
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Wayland As member of Conservation Commission CityfTown
Signature of
tary PU~lic
E!'/ICno
r
,LI {F0no
~
?z
Printed Name of Notary Public
Place notary seal and/or any stamp above
11- 1'$- ZLJO? My Commission Expires (Date)
This Order is issued to the applicant as follows:
fi
~ by hand delivery on
Dat~ c.Jt ~1 Oat
7
wpaform5.doc· rev. 3/1/05
,;J J)Q
y-
by certified mail, return receipt requested, on
~~~~ Da e
Page 7 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, ยง40
F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, ยง 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5doc' rev. 3/1/05
Page 8 of g
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions
322-698
Massachusetts Wetlands Protection Act M.G.L. c. 131, 搂40
G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Wayland Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Wayland Conservation Commission
Please be advised that the Order of Conditions for the Project at: Dudley Pond
322-678
Project Location
DEP File Number
Has been recorded at the Registry of Deeds of: Middlesex South County
Book
Page
for: Frederic E. Turkington, Town of Wayland Property Owner
and has been noted in the chain of title of the affected property in: Book
Page
In accordance with the Order of Conditions issued on: Date
If recorded land, the instrument number identifying this transaction is: Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc路 rev. 311105
Page g of 9
Attachment A- MGL Chapter 131, Section 40
Order of Conditions 322-698
March 24, 2008
2008 Dudley Pond Management Plan including Herbicide Application
Page 1 of 4
Project Description: The Notice of Intent (NOI) was filed for the implementation of a management plan to control nuisance aquatic vegetation, in particular eurasion milfoil, in Dudley Pond, in Wayland, MA - including the use of US EPAIMA DAR registered herbicides. The initial herbicide application is fluridone. There may be limited spot applications of Renovate OTF. Decision: The Conservation Commission approves the management plan as proposed and further conditioned herein. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, these conditions shall control. Therefore, the Conservation Commission hereby finds that the following conditions are necessary, in accordance with Performance Standards set forth in the regulations, to protect those interests noted in this decision. The Commission orders that all work shall be performed in accordance with these conditions. Conditions: 12. The work shall conform to the following special conditions: Un-named figured entitled: "2007 Eurasion Mildfoil Cover", Dudley Pond Wayland, MA, Survey Date 7/3 & 7/1607 Map Date: 12/10/08 (sic), Aquatic Control Technology, Inc.
Conditions 1. - 17 as noted on WPA Form 5 "Order of Conditions"; Pages 1 - 4 Special Conditions Issued by the Wayland Conservation Commission: EFFECTIVE PRIOR TO ANY ALTERATION, EXCAVATION, OR CONSTRUCTION 18. No work shall be undertaken until the original Order has been recorded in the
Registry of Deeds (refer to Condition #8).
19. This Order of Conditions shall apply to any successor in interest or successor in control of this property. The Conservation Commission shall be notified in writing, at the time of such transfer, or any transfer in title for all or part of the property that occurs prior to the issuance of the Certificate of Compliance. Prior to any transfer of title the Order of Conditions shall be filed at the Registry of Deeds. A lack of such required written notification to the Conservation Commission shall delay the issuance of the Certificate of Compliance.
Prior to commencing any work a written notice of the date that the herbicide 20. application is to be applied shall be provided to the Conservation Commission. This notice shall be provided not less than two business days nor more than five business days before the application commences. Prior to commencing any work the applicant shall implement measures to prevent 21. water from being discharged from Dudley Pond. The application of the fluridone shall not be started if water is discharging from the Pond. 22. Prior to the commencement of any application of a herbicide sampling shall be done on downstream water for fluridone. The test results shall be provided to the applicant with a copy to the Conservation Commission before fluridone treatments begin. A schedule for
Attachment A- MGL Chapter 131, Section 40
Order of Conditions 322-698
March 24, 2008
2008 Dudley Pond Management Plan including Herbicide Application
Page 2 of 4
subsequent testing for fluridone at the wellhead shall be provided to the Commission with the first set of test results. Prior to commencing any work at the site the applicant shall give the Commission a 23. written list of the names, addresses, business phone number and home phone number of both the project supervisor who will be responsible for ensuring on-site compliance with this Order and his or her alternate.
24. The herbicide application shall be done by a licensed, insured professional. Copies of the license/s and insurance documentation of applicator/s shall be submitted to the Commission prior to commencing the work. 25
A copy of this Order shall be included in any and all bid documents as applicable.
26. A copy of this Order shall be provided to the project supervisor and shall be available on the site at all times during when an activity permitted by this Order is being conducted. 26. There shall be a pretreatment and post-application conference on the site between the contractor/s who will do the work, the designated project supervisor, and Conservation Administrator/Commissioners. The purpose of the meeting is to allow for final inspection of the site prior to work and to resolve any outstanding issues at that time. All parties shall be provided with a minimum of 72 hours notice of the meeting. 27. Signs shall be posted around Dudley Pond at least two days prior to the use of any herbicide noting its use, limitations on the use of pond water for irrigation, and listing a telephone number or numbers for a person to call for more information on the treatment if they have questions. As follow-up treatment during this year may occur notice shall be given for subsequent applications as well.
Special Conditions Effective upon Commencement of Alteration, Excavation or Construction (Issued by the Wayland Conservation Commission):
28. The target species, eurasion milfoil, shall be clearly defined. Measures shall be taken to avoid the destroying of non-target plants and fauna. Reports provided to the Conservation Commission shall include a discussion as to how non-target species were avoided during the permitted activities. 29. Immediately before the initial application of fluridone to the entire pond dissolved oxygen, pH, and temperature of the water shall be measured. The results of these measurements shall be provided to the Conservation Commission within two business days of the application. 30. Equipment shall not be refueled or serviced within 100 feet of the Dudley Pond except as conditioned herein. Prior to commencing any activity within the buffer zone or a resource area the applicant shall provide documentation to the Conservation Commission as to how they will achieve compliance with this Condition. The Commission may permit, on a restricted basis, some refueling within the buffer zone, if a spill containment kit is proVided on the site at all times. 31.
Equipment shall be properly cleaned after the use of chemicals.
Attachment A- MGL Chapter 131, Section 40
Order of Conditions 322-698
March 24, 2008
2008 Dudley Pond Management Plan including Herbicide Application
Page 3 of 4
32. Within 45 days of the application of fluridone to Dudley Pond, dissolved oxygen, pH, and temperature of the water shall be measured and the results provided to the Conservation Commission. 33. At the end of the treatment season a report shall be prepared and submitted to the Conservation Commission detailing the activities undertaken, the perceived level of success, an assessment of impacts to aquatic life, and any suggestions for the subsequent year's activities. This report shall be submitted by December 15, 2008. 34. The herbicides shall be applied in accordance with the manufacturers specifications. Herbicides shall not be applied simultaneously. The applicant shall submit a statement from the Licensed Applicator attesting to the time, amount, and type of herbicide applied within 15 days of its application. 35. This decision was voted by the Conservation Commission to allow application of fluridone with limited follow-up spot applications of renovate OTF. 36. Prior to commencing any follow-up application of renovate the Commission shall be notified in writing. 37.
The permitted dosing of fluridone shall not exceed 12 ppb.
38. The Commission shall be given two days written notice prior to commencing any
handpulling of vegetation.
Special Conditions Taking Effect after Completion of the Project (Issued by the Wayland Conservation Commission): 39. The applicant shall use [WPA Form 8A] to request a Certificate of Compliance. A copy of the final report shall be submitted with this request.
This Order expires on March 24, 2013 If necessary, an extension must be filed before February 10,2013 Findings MGL Chapter 131, Section 40: a. The resource areas where the proposed activity will take place are: Land Under Water body, Bank, Land Subject to Flooding, Bordering Vegetated Wetlands, and Buffer Zone to Bordering Vegetated Wetland. b. These areas have values relating to: the protection of public and private water supplies; prevention of pollution, wildlife habitat, prevention of flooding, prevention of storm water damage, protection of ground water, and fisheries. c. A Public Hearing was opened on February 14, 2008. After a great deal of discussion the hearing was continued to March 13, 2008 with the permission of the applicant. On March 13, 2008 after hearing additional testimony for more than an hour the hearing was closed.
Attachment A- MGL Chapter 131, Section 40 Order of Conditions 322-698 March 24, 2008 2008 Dudley Pond Management Plan including Herbicide Application Page 4 of 4 d. e. f. g. h. i. j. k. I. m. n.
o.
p. q.
This is a Notice of Intent seeking an Order of Conditions issued for a period of five (5) years. Dudley Pond is within Zone II of the so-called Happy Hollow wells. This application seeks the use of fluridone during the spring/summer of 2008. The Commission discussed monitoring groundwater and the Town's water supply for fluridone. The proposed dosing is not to be greater than 12 ppb in Dudley Pond for a period of time of not more than 120 days. Swimming in Dudley Pond is not recommended on the day fluridone is to be applied. The applicant will post notice to this effect. The use of water from Dudley Pond for irrigation is generally not permitted. Using water with a herbicide for irrigation will have adverse impacts. The applicant stated that water from Dudley Pond will not be used for the duration of the use of fluridone in Dudley Pond. Generally, using water from Dudley Pond for irrigation is not permitted. The applicant and the Commission discussed educational programs to discourage the use of fertilizers within 100 feet of Dudley Pond. Fern Pondweed, Red-headed grass (Potamogeton perfoliatus L.), Wild Celery, and coontail are all listed as Native species in "The Vascular Plants of Massachusetts - A County Checklist". According to the Wetlands Regulations, 310 CMR 10.05 (6)(d) an Order of Conditions is valid for three years. The Commission may issue a maintenance Order for a period of 5 years. This decision is intended to be valid for a period of 5 years subject to the conditions adopted herein. Dudley Pond is a Great Pond. Great Ponds are generally owned by the Commonwealth of Massachusetts. The applicant has indicated that Dudley Pond is owned by the Town of Wayland. The Conservation Commission makes no finding as to the ownership of Dudley Pond.
TOWN OF WAYLAND MASSACHUSETTS
01778
CONSERVATION COMMISSION TOWN BUILDING 41 COCHITUATE ROAD TELEPHONE: (508) 358-3669 FAX: (508) 358-3606
Wayland's Wetlands and Water Resources Bylaw
CHAPTER 194
Surface Water Quality Committee - Dudley Pond
Vegetation Management Plan Including the use of Herbicides March 24, 2008 (Also DEP File 322-698) Project Description: An application was filed for the implementation of a management plan to control nuisance aquatic vegetation, in particular eurasion milfoil, in Dudley Pond, in Wayland, MA - including the use of US EPAIMA DAR registered herbicides - fluridone and renovate. Decision: The Wayland Conservation Commission approves the proposed work, as conditioned herein pursuant to Wayland's Wetland and Water Resources Bylaw, Chapter 194. Fluridone is permitted during the first year of application at a rate of 12 ppb maintained over a period of time not to exceed 120 days. This decision is based upon the findings listed below and subject to the 26 conditions noted thereafter. The Conservation Commission finds that the conditions are necessary, in accordance with the provisions of Chapter 194, to protect those interests noted in the findings. Plan Reference/s: Un-named figured entitled: "2007 Eurasion Milfoil Cover", Dudley Pond Wayland, MA, Survey Date 7/3 & 7/1607 Map Date: 12/10/08 (sic), Aquatic Control Technology, Inc. Therefore, the Conservation Commission hereby finds that the following conditions are necessary, in accordance with Performance Standards set forth in the regulations, to protect those interests noted herein. The Commission orders that all work shall be performed in accordance with said conditions and with the application referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the application, the conditions shall control.
Special Conditions Issued by the Wayland Conservation Commission: 1.
Prior to commencing any work on the site, the applicant shall submit to the Town
documentation that there will be a hold aside of not less than 10% of the amount of the
payment to be made for the application of herbicides and permitted follow-up activities
which shall not be released unless the Conservation Commission has made a formal
finding that the application of herbicides and follow-up activities pelwitted in a given
year has complied with the conditions of this Permit.
Wayland's Wetlands & Water Resources Bylaw,
Chapter 194 Permit - March 24, 2008
DUdley Pond Management Plan Including the Use of Herbicides
Page 2 of 5
2.
Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order.
3.
The decision does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights.
4.
All written submissions to the Conservation Commission shall include: a date, the DEP File Number (322-698), and the condition or conditions that the submission is intended to meet.
5.
This decision does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
6.
The work authorized hereunder shall be completed within five years from the date of this decision unless extended pursuant to Chapter 194.
7.
This decision may be extended by the Conservation Commission for one or more periods of up to three years each upon application to the Conservation Commission at least 30 days prior to the expiration date of the decision.
8.
Prior to commencing any work permitted by this decision a copy of the decision shall be filed at the Middlesex South Registry of Deeds. Evidence that this decision has been filed at the Registry of Deeds must be provided to the Conservation Commission.
9.
Prior to commencing any work the applicant shall submit to the Commission test results for Âą1uridone from water samples taken at or near the Town's wells downstream from Dudley Pond.
10. Prior to commencing the herbicide application the applicant shall implement measures to prevent water from being discharged from Dudley Pond into the perennial stream that Âą1ows to the Sudbury River. The pond outlet shall be blocked in a manner, using sand bags or other device, for the duration of the Âą1uridone treatment to Dudley Pond. 11. Prior to commencing any work at the site the applicant shall give the Commission a written list of the names, addresses, business phone number and home phone number of both the project supervisor who will be responsible for ensuring on-site compliance with this Order and his or her alternate. 12. The herbicide application shall be done by a licensed, insured professional. Copies of the license/s and insurance documentation of applicator/s shall be submitted to the Commission prior to commencing the work. 13. The applicant shall provide written repOlis to the Conservation Commission detailing what efforts have been made during the treatment/management cycle, as well as the results of these efforts, both positive and negative. A report is required by December 15, 2008 as specified in the applicant's submission.
Wayland's Wetlands & Water Resources Bylaw,
Chapter 194 Permit - March 24, 2008
DUdley Pond Management Plan Including the Use of Herbicides
Page 3 of 5
14. Equipment shall not be refueled or serviced within 100 feet of the wetlands, any other resource area or within the buffer zone except as conditioned herein. Prior to commencing any activity within the buffer zone or a resource area the applicant shall provide documentation to the Conservation Commission as to how they will achieve compliance with this Condition. The Commission may permit, on a restricted basis, some refueling within the buffer zone, if a spill containment kit is provided on the site at all times. 15. No dumping and/or composting are permitted within 100' ofa wetland or pond. This shall be noted on the Certificate of Compliance when it is issued. Abutters to Dudley Pond shall be made aware of this restriction and the fact that these activities are a violation of Chapter 194 subject to action by the Commission including non-criminal penalties in the amount of $300 for each infraction. 16. The applicant shall prepare notice or signs for abutters within 100 feet of Dudley Pond attesting to the adverse impact of the use of lawn fertilizers.
17. The applicant shall submit a plan for the proposed deployment and monitoring of the circulators, previously approved by the Conservation Commission, for use in Dudley Pond within four months ofthe date of this decision. 18. A small supply of containment equipment shall be stockpiled for emergency use only. The applicant shall immediately control any spills erosion/sedimentation problems that occur on the site. The Conservation Commission shall also immediately (within 12 hours) be notified by written notice if any con'ective action has been required.
19. Hand pulling is a component of the applicant's management plan. The Commission shall be given two days written notice prior to commencing any handpulling of vegetation. Hand pulling, under this condition, is permitted in any year that this pem1it is valid. 20.
Prior to any application of Renovate OTF the Conservation Commission shall be notified. The use of Renovate OTF shall be limited to spot applications as defined in the Notice of Intent and shall not exceed five (5) acres. Repeat applications of Renovate shall be subject to review and approval or approval with modifications by the Conservation Commission under this decision.
21.
Pond water shall not be used for irrigation.
22.
The application of fluridone is restricted to not more than 12 ppb. Monitoring to maintain this level of fluridone shall confonn to the testing protocol outlined in the Notice of Intent.
23. The applicant shall provide written reports to the Conservation Commission after monitoring of the pond. Copies of digital photographs taken during the treatment shall be provided to the Conservation Commission. 24. This decision does not pennit the use of herbicides for algae growth.
Wayland's Wetlands & Water Resources Bylaw,
Chapter 194 Permit - March 24, 2008
DUdley Pond Management Plan Including the Use of Herbicides
Page 4 of 5
25. This Permit shall apply to a~y successor in interest or successor in control of this property. The Conservation Commission shall be notified in writing, at the time of such transfer, or any transfer in title for all or part of the property that occurs prior to the issuance of the Certificate of Compliance. Prior to any transfer of title the Permit shall be filed at the Registry of Deeds. A lack ofsuch required written notification to the Conservation Commission shall delay the issuance ofthe Certificate of Compliance and the imposition ofnon-criminal penalties. 26. The applicant shall submit a request for a Certificate of Compliance not more than 4.5 years after the effective date of this decision. That request shall include the following items: a)
b)
A detailed narrative prepared by a qualified professional specifically addressing each condition and certifying compliance with the approved plans referenced above and this Order of Conditions and setting forth any deviations that exist with a note as to how it may be corrected. Work that is not complete shall be detailed in a schedule of planned completion dates prior to expiration of the Order with a certification to the commitment of resources by an authorized official representative of the applicant to complete the work prior to expiration of the Order. The required set of reports prepared that summarize the efforts implemented and the results of such efforts as permitted by this decision.
This decision is not valid without a notarized signature sheet. The page numbering does not include the notarized sheet. This Permit expires on March 24, 2013.
If necessary, an extension must be filed February 10,2013.
Findings: a. The resource areas that have been identified at the site are a pond, land under a water
body, vegetated wetlands, stream, and buffer zone.
b. There is not a formal plan showing the resource areas. c. This application and this decision are not intended to define the limits of resource areas regulated by the Bylaw. d. Work is in the buffer zone, lake and vegetated wetlands all resource areas regulated by Chapter 194. e. These resource areas identified have values relating to: the protection of public and private water supplies, prevention of pollution, wildlife habitat, prevention of flooding, prevention of storm damage, protection of ground water, unusual plants, wildlife, wildlife habitat, and passive recreation. f. A public hearing was opened for this application under the Wayland Wetlands and Water Resources Protection Bylaw, Chapter 194 on February 14, 2008. g. The public hearing was continued to March 13, 2008 to pennit time for additional
information to be gathered and reviewed by the Conservation Commission.
h. The minutes ofthe Commission meetings are incorporated as part of the record for this decision.
Wayland's Wetlands & Water Resources Bylaw, Chapter 194 Permit - March 24, 2008 DUdley Pond Management Plan Including the Use of Herbicides Page 5 of 5 I.
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This decision is more stringent than the Order of Conditions. The Commission finds that the work is of a nature that potentially adversely impacts the resource areas if not conducted as conditioned herein. Dudley Pond is a great pond. The applicant represented that the Town had some form jurisdiction or ownership of Dudley Pond. This decision makes no finding of ownership or jurisdiction. Dudley Pond is within Zone II of the so-called Happy Hollow wells. The Commission received a letter from the wellhead protection group expressing concern about the timing of the application of the herbicide in Dudley Pond. The Commission discussed monitoring groundwater and the Town's water supply for fluridone. The proposed dosing of fluridone is not to exceed 12 ppb. The proposed duration ofthis dosing is not to exceed 120 days. During work precautions must be taken to avoid accidental spills of oils or hazardous materials in or near the wetlands or other resource areas. Precautions include limiting where equipment is serviced and refueled, having spill containment kits at the site, and taking steps to avoid spills and accidents. Any deviation from the approved management plan will require a formal determination by the Conservation Commission as to whether this decision may be modified or a new filing will be required. Section 194-9 of the Wetlands and Water Resources Bylaw pern1its the Commission secure the performance and observance of the conditions imposed herein by a proper bond or deposit of money or negotiable securities. Failure to comply with the conditions of this permit is a violation of the Wetlands Bylaw. Violations of Chapter 194 may result in the imposition of non-criminal penalties in the amount of $300 in addition to other remedies available. Each day the violation exists may be considered a separate violation of the Bylaw. Any required approval by the Conservation Commission will be provided within 21 business days unless additional information is requested. The Conservation Commission may consider revoking this decision in the event the material presented during the hearing and/or on the plans is found to be different from material provided to another Board, Commission or official for work other than that described to the Conservation Commission during the public hearings. Commission finds that chemical treatments have not proven effective as a long-term solution for management of these invasive species. The Commission continues to encourage the investigation and development of alternative technologies for control of invasive aquatic plants. The applicant had obtained funding to explore the use of circulators at Dudley Pond. These were to be used for a period of 1-2 years before determining the effectiveness of their control of eurasian milfoil. They were in place continuously for less than the time period recommended by the manufacturer of the devices. The Commission would like to see the circulators evaluated more consistently with the original plan presented to the Commission. This decision is for five years. The decision permits the application of fluridone in the first year, some limited spot applications of renovate OTF in subsequent years, and hand pulling of mil foil in all years. Pond water is not to be used for irrigation. Swimming is to be prohibited on the day/s that fluridone and/or renovation OTF.
TOWN OF WAYLAND MASSACHUSETTS 01778
CONSERVATION COMMISSION TOWN BUILDING 41 COCHITUATE ROAD TELEPHONE: (508) 358-3669 FAX: (508) 358-3606
CHAPTER 194 WETLANDS AND WATER RESOURCES PROTECTION BYLAW PERMIT Dudley Pond (DEP 322-698)
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Date issued:
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