BUILDING
PLANNING
COMMUNITY DEVELOPMENT ZoNING
CONSERVATION
VIA Certified Mail: 7010 1670 0002 1315 3209
April26, 2011
Mr. Michael Lowery Lake Cochituate Watershed Council Post Office Box 183 Natick, MA 01760 Dear Mr. Lowery: Enclosed please find the Order of Conditions issued by the Natick Conservation Commission.
Project Location:
Lake Cochituate, Natick, MA, DEP File #233-676 路
Chapter 131 Section 40 of the Massachusetts General Laws requires that this Order 路 of Conditions be recorded in the Registry of Deeds for the District in which the land is located before any work commences. A copy of such recording, showing Book and Page number, is to be furnished to the Natick Conservation Commission. Work may not begin until the petitioner has duly recorded the Order of Conditions and until the ten (1 0) day period for appeals has elapsed. Work may also not begin until after all agreements or covenants as required by this Order of Conditions have been received and approved by the Natick Conservation Commission.. If you have any questions, please call. Sincerely, T07 OF NATICK
~!dL.Sue Calhoun路 路 Administrative Assistant Cc Mass DEP
13 East Central Street, Natick, MA 01760
phone: 508-647-6450 I fax: 508-647-6444 "vehsitP_'
'MJUJUJ
nntirlrau1 .., ........
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676 MassDEP File #
WPA Form· 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction #
Natick City/Town
A. General Information Please note: this form has been modified with added space to accommodate the Registry of Deeds Requirements
Important: When filling out forms on the computer, use only the tab key to move your cursor- do not use the return key.
Natick
1. From:
Conservation Commission
2.
This issuance is for (check one):
3.
To:
a. [g)Order of Conditions b.
D Amended Order of Conditions
Applicant:
Michael
Lowery
a. First Name
b. Last Name
Lake Cochituate Watershed Council c. Organization
Post Office Box 183 d. Mailing Address
4.
Natick
MA
01760
e. City/Town
f. State
g. Zip Code
Property Owner (if different from applicant): Tom
Flannery
a. First Name
b. Last Name
MA Department of Conservation & Recreation - Lakes & Ponds Program c. Organization
251 Causeway Street d. Mailing Address
Boston
MA
02114
e. City/Town
f. State
g. Zip Code
s. Project Location: Lake Cochituate
Natick
a. Street Address
b. City/Town
N/A
N/A
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known:
wpaform5.doc • rev. 0511912010
d d. Latitude
m
s
d
m
s
e. Longitude
Page 1 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676 MassDEP File#
WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ยง40
eDEP Transaction #
Natick City!Town
A. General Information (cont.) 6.
Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): South Middlesex a. County
b. Certificate Number (if registered land)
c. Book
d. Page
January 10, 2011
January 18, 2011
April 26, 2011
a. Date Notice of Intent Filed
b. Date Public Hearing Closed
c. Date of Issuance
7.
Dates:
8.
Final Approved Plans and Other Documents (attach additional plan or document references as needed): NOI Filing January 10, 2011 a. Plan Title b. Prepared By
c. Signed and Stamped by
d. Final Revision Date
e. Scale g. Date
f. Additional Plan or Document Title
B. Findings 1.
a. d.
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 (the Act). Check all that apply: [:g) Land Containing Shellfish c. [:g) Prevention of [:g) Public Water Supply b. Pollution [:g) Protection of f. [:g) Private Water Supply e. [:g) Fisheries Wildlife Habitat
D
D
g.
[:g) Groundwater Supply
2.
This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
h.
Storm Damage Prevention i.
Flood Control
Approved subject to: a.
[:g) 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.
wpaform5.doc โ ข rev. 05/19/2010
Page 2 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676 MassDEP File #
WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Natick City/Town
B. Findings (cont.) Denied because: b.
c.
3.
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 the interests of the Act, 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. D 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). D Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a)
a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area 4. 5. 6.
7.
D D
Bank·
Bordering Vegetated Wetland ~ Land Under Waterbodies and Waterways Bordering Land Subject to 'Flooding
D Isolated Land Subject to Flooding Cubic Feet Flood Storage
9.
Permitted Alteration
Proposed Replacement
Permitted Replacement
a. linear feet
b. linear feet
c. linear feet
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. ely dredged
f. ely dredged
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
D
Cubic Feet Flood Storage a.
Proposed Alteration
D
Riverfront Area Sq ft within 100 ft Sq ft between 100200 ft
wpaformS.doc • rev. 05/19/2010
Page 3 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
233-676
Bureau of Resource Protection -Wetlands
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ยง40
MassDEP File# eDEP Transaction #
Natick City!Town
B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Alteration
D Designated Port Areas 11. D Land Under the Ocean 10.
12.
D
Barrier Beaches
13.
D
Coastal Beaches
14.
D
Coastal Dunes
15.
D D
Coastal Banks
D D
Salt Marshes
16.
17. 18.
19.
20.
21.
Rocky Intertidal Shores
Land Under Salt Ponds
D Land Containing Shellfish D
Fish Runs
D Land Subject to Coastal Storm Flowage
wpaformS.doc โ ข rev. 05/19/2010
Permitted Alteration
Proposed Replacement
Permitted Replacement
Indicate size under Land Under the Ocean, below a. square feet
b. square feet
c. ely dredged
d. ely dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet
b. square feet
cu yd c. nourishment
cu yd d. nourishment
a. square feet
b. square feet
cu yd c. nourishment
cu yd d. nourishment
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. ely dredged
d. ely 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. ely dredged
b. ely dredged
a. square feet
b. square feet
Page 4 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676
WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G. L. c. 131, §40
MassDEP File # eDEP Transaction#
Natick Cityrrown
B. Findings (cont.)
D
* #2 2. If the 22. Restoration/Enhancement*: project is for the purpose of restoring or a. square feet of BVW b. square feet of salt. marsh enhancing a wetland resource area 23. Stream Crossing(s): in addition to the square a. number of new stream crossings b. number of replacement stream crossings footage that has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1· Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
0
3.
authorize any injury to private property or invasion of private rights. 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.
If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order·of Conditions and the Order will expire on 4-26-14 unless extended in writing by the Department.
7.
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.
8.
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.
wpaform5.doc • rev. 05/19/2010
Page 5 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ยง40
MassDEP File# eDEP Transaction #
Natick City!Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9.
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 the 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.
10. 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, "MassDEP"] "File Number
233-676
11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate ofCompliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 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. 15. 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. 16. 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. 17. 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.
wpaform5.doc โ ข rev. 05/19/2010
Page 6 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676
WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
MassDEP File # eDEP Transaction #
Natick Cityffown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order (the "Project") is (1) f.Zl is not (2) D subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted . to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; · iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
wpaform5.doc • rev. 05/19/2010
Page 7 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
MassDEP File # eDEP Transaction #
Natick City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance .. and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control.shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform5.doc • rev. 05/19/2010
Page 8 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
. MassDEP File # eDEP Transaction #
Natick City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g)
The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance, repair, and/or replacement of BM Ps shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): See special conditions
wpaform5.doc • rev. 05/19/2010
Page 9 of 12
Findings of Fact: Lake Cochituate is a 614-acre lake located in the towns of Framingham, Natick and Wayland. Including Fiske Pond, the total surface acreage in Cochituate State Park is 686 acres. It is owned by the Commonwealth of Massachusetts and managed by the Department of Conservation and Recreation (DCR). The lake is divided into four distinct basins - North Pond (western half is located in Framingham; eastern half is located in Wayland with a small portion in Natick), Middle Pond (Wayland and Natick), South Pond (Natick), and Fiske Pond (Natick). Water flows in a northerly direction from Fiske Pond, through South Pond, through Middle Pond, to North Pond where it discharges out a dam on the western shoreline into Cochituate Brook, a tributary to the Sudbury River. Water depths reach a maximum of approximately 69 feet, with an average depth over the entire lake of 22 feet. The lake is an important fresh water habitat for native plant and animal species and a fresh water resource for the protection of groundwater for the metro-west area. Surrounding land use includes Cochituate State Park, municipal open space and recreational lands, and densely-developed commercial and residential areas. In addition, the lake is bisected by several major roadways; the MassPike (1-90) and Cochituate Road (Route 30) separate the North and Middle Ponds, while Worcester Road (Route 9) divides the Middle and South Ponds, and West Central Street (Route 135) separates South and Fiske Porids. Several non-indigenous invasive plant species have become established and threaten to compromise the lake's native plant and animal communities and increase the rate of lake eutrophication. Recent invasive plant surveys report increasing populations of Eurasian milfoil, variable milfbil, curly-leaved pondweed, and water chestnut at various densities throughout the lake's three ponds. The most recent lake-wide plant survey completed in August of 2009 found invasive plants in various densities on 10% of North Pond, 20 % of Middle Pond, and 30% of South Pond. Over the past two years a combination of vegetation management techniques have been completed to control the growth of invasive plants in North and Middle Pond. In the past two years, the efforts to control invasive plants included the following: •
• • •
small-scale area-specific physical methods have been undertaken o 2009 benthic mats and hand-pulling at swim beach o 2009 diver-assisted suction harvesting (DASH) in Middle Pond channel small-scale area-specific chemical treatment o 2009 trychlopyr at Wayland Town Beach large-scale regional chemical treatment o 2010 periphery chemical treatment in North Pond small-scale area specific physical methods o 2010 DASH at boat ramp and swim beach o .2010 hand-pulling at Boat Ramp
The applicant proposes to allow OCR-approved contractors, hired by the Lake Cochituate Watershed Council (the "LCWC"), to hand-pull and/or utilize DASH methods to manage invasive aquatic plant species from land located under Lake Cochituate. The proposed removal of invasive plant species through hand-pulling and DASH is considered a limited project under the provisions of 310 CMR 10.53(4) and as such, allows the Natick, Wayland, and Framingham Conservation Commissions to issue an Order Of Conditions for the proposed work to improve the natural capacity of the wetland resource area, Land Under Water-bodies and Waterways, to protect the interests identified in the state Wetland Protection Act and local Wetland Bylaws.
The proposed removal of invasive aquatic plant species through hand-pulling and DASH will meet the performance standards to protect Land Under Water Water-bodies and Waterways, as found in 310 CMR 10.56(4) to the extent practicable. This "blanket permit" will allow OCR-approved contractors, hired by Lake Cochituate Watershed Committee, to hand-pull and/or utilize DASH methods to manage invasive aquatic plant species from the periphery of Lake Cochituate as long as they abide by: • • • •
the the the the
standard DEP conditions, 1-19, incorporated herein; DCR conditions, 20-41, incorporated herein; NHESP conditions, 42-46, incorporated herein; and, Natick Conservation Commission conditions 47-56 incorporated herein.
The Natick, Wayland, and Framingham Conservation Commissions held a joint hearing on January 18, 2011 to review this project. The Natick Conservation Commission closed its hearing on January 18, 2011 approving the project subject to the Order of Conditions approved by the Natick Conservation Commission issued on April 20, 2011. This Order of Conditions is valid for 5 years.
MA OCR Special Conditions and Standard Operating Guidelines for Hand-Pulling and Diver-Assisted Suction Harvesting (DASH) in Lake Cochituate Special Conditions Pre-Harvesting
20. The Lake Cochituate Watershed Council (LCWC) must present the contractor with this valid Order of Conditions (OOC) and must possess the document at all times during the project. The LCWC is responsible to ensure that the contractor follows all conditions and standard operating guidelines provided in this document. 21. As stated above, LCWC must ensure that the contractor follows all standard operating guidelines for hand-pulling or DASH. Applicable guidelines from the Practical Guide for Lake Management in Lakes and Ponds (GEIR) and Department of Environmental Protection (DEP) Guidance for Aquatic Plant Management in Lakes and Ponds are provided in this document. 22. Contractor must be pre-approved for hand-pulling and DASH by DCR Lakes and Ponds Program. The contractor is approved if he/she is on DCR Lakes and Ponds Assessment and Management (388a) Master Service Agreement list or provides sufficient documentation for insurance (see Memorandum of Agreement), licensing and certifications (SCUBA certification from a National organization, formal DASH and/or hand-pulling experience), and experience in the field of aquatic plant management including hand-pulling and DASH for at least five (5) years. 23. LCWC must ensure that the electronic pre-harvesting application is complete prior to beginning each project. (insert link when available]. 24. Pre-harvesting survey must include the following at a minimum: Pre-management aquatic vegetation survey/map/narrative by qualified personnel, plant biovolume or relative density, species composition, total area proposed for management (acres/sq. feet, etc.), water depths and substrate type, methodology proposed, disposal of plants, contact names and numbers for field staff and manager, and anticipated date(s) for work. This must be submitted electronically to DCR and all three Conservation Commissions (Natick, Wayland, and Framingham). 25. Definitive date(s) for work must be submitted to DCR Lakes and Ponds Program, Cochituate State Park Supervisor, and the Conservation Commissions at least 48 hours prior to beginning work to allow for site inspections if desired. 26. At that time, contractor must submit their equipment decontamination protocol before entering · and after leaving Lake Cochituate. DCR staff will be allowed an opportunity to inspect equipment if desired. 27. Also at that time, the contractor must provide a copy of their current insurance coverage, listing DCR and LCWC as an additional insured. This official document can be obtained from the contractor's insurance provider.
During Harvesting
28. Only traditional diver hand-pulling or DASH methods for removing non-native aquatic vegetation is allowed under this permit. Intentional removal of native plant species is not allowed at any time and is considered a violation of this permit. Mechanical harvesting, hydro-raking, benthic barriers, herbicides, or any other technique are not allowed under this permit. 29. DASH is to be used only to assist the transport of plants to the surface and is not to be used as a suction dredge at any time. The diver must remove the root structure by hand first and then feed the plant into the suction tube for transport. 30. The mesh collection bags on the DASH unit must be fine enough to capture all plantfragments. 31. For DASH projects specifically, the consultant must monitor basic water quality parameters (dissolved oxygen and turbidity at a minimum) before, during, and after the DASH operation is complete. 32. Methods for minimizing turbidity during harvesting should be identified and implemented. 33. Anyone physically conducting diver hand-pulling or DASH must possess at least open-water SCUBA certification from a National organization (PADI, NAUI, etc.) and must be trained/certified in the specific technique utilized. 34. Contractor will possess o[I-Containment materials on-board the vessel at all times and will report all spills immediately. . 35. Every effort must be made to remove the entire root structures of non-native plants harvested and to collect plant fragments created by the harvesting activities. 36. There must be at least one worker on the surface for safety and plant fragment collection at all times. 37. Contractor must collect data during the harvesting project to track amount of material removed. At a minimum, data should include a volume (gallons, etc.), an estimate of number of plants removed, diver log, hours worked, etc. 38. Proper disposal of harvested materials is the responsibility of the contractor and LCWC. Harvested material is not to be disposed on State Park property. 39. No work is to be done on weekends or holidays unless pre-approved by the Cochituate State Park Supervisor. As mentioned previously, the State Park Supervisor is to be notified by the contractor regarding date(s) of work and the Supervisor reserves the right to deny work on any date(s) above and beyond weekends or holidays. Post-Harvesting
40. LCWC must ensure that a concise final report is submitted within 60 days of the completion of the project and must include at a minimum: Acreage/square footage of the site, depths, substrate type, plant species, relative abundance (percent cover), amount/volume removed, number of plants removed, basic water quality parameters (D.O. and .turbidity pre/during/post-harvesting), where disposed, time to complete, costs, pre and post maps, etc. The report must be submitted electronically to OCR, the three Conservation Commissions, and the Natural Heritage & Endangered Species Program. Standard Operating Guidelines
41. Contractor must follow the guidelines for hand-harvesting 路and DASH found in Appendix 1 of this Order of Conditions.
Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries & Wildlife Special Conditions Natick, Middle Basin Only
42. The NHESP finds that the proposed project requires conditions to avoid impacts to the Eastern Pondmussel in the southern portion of the Middle Basin only (see Appendix 2 attached "Lake Cochituate - Middle Basin Shoreline South of Red Line Follow Mussel Protective Conditions", hereinafter "indicated area"). Rare mussels are likely to be in the shoreline areas of this basin and could be subject to inadvertent harm through trampling, siltation and displacement. To avoid impacts, the Contractors must comply with Condition 43-46. 43. Contractors must comply with Appendix 1, the "MA DCR Special Conditions and Standard Operating Guidelines for Hand-Pulling and Diver-Assisted Suction harvesting (DASH) in Lake Cochituate" with the following modification:
A. The NHESP shall be added to the notification list in "Pre-Harvesting" condition number 24. Contractor shall be aware that NHESP staff may be onsite, including diving or snorkeling, to inspect the work. B. The NHESP shall be added to the distribution list to receive the Post-Harvesting report required in condition number 40. 44. Contractors shall minimize trampling along the indicated pond shore shone in Appendix 2 by minimizing egress and ingress and minimize dragging of hoses along the indicated area by personnel. 45. During work in the indicated area, care shall be taken to avoid dislodging mussels. Any mussels dislodged, shall be gently replaced on the pond-bottom in an area nearby to the area they originated from. Mussels shall not be moved into deeper water or into other areas of the basin without NHESP written approval. 46. Contractors shall collect a representative sample of spent mussel shells from the middle basin including a record of the location, using GPS, of each individual shell or midden and submit to the NHESP, c/o Marea Gabriel. Alternatively, NHESP staff can pick up the samples from the Park Supervisor. The name and contact number of the individual who collected the spent shell shall be provided to the NHESP and that individual may be required to fill out a "Rare Animal Observation Form" if the NHESP identifies any rare mussels in the collected shells
Natick Conservation Commission Special Conditions 47. The Commission reserves the right to impose additional conditions or require the submittal of additional information as necessary to protect the interests of the Massachusetts Wetlands 路 Protection Act, M.G.L. c. 131, 40 ("Act") and the Town of Natick Wetland Bylaw. 48. Pursuant to General Condition No. 9, this Order of Conditions must be registered in the Registry of Deeds (Middlesex) within (30) days of the date of this notice, and prior to the start of work. Notice of the registration must be filed with The Natick Building Department and Conservation Commission no later than thirty (30) days from the date of registration. Failure to comply with this condition shall be cause to revoke this Order of Conditions. 49. If any change is made or intended to be made in the plans, the applicant shall file a new Notice of Intent, or shall inquire in writing of the Commission whether the change necessitates a new filing. 50. The applicant shall submit to the Commission a written request for a Certificate of Compliance. The following documents shall accompany the request:
A letter listing all final reports completed as required in conditioned number 40 over the five year term of the Order of Condition.
The applicant shall submit the above documentation within six months of completion of the work described in the Notice of Intent.
51. The Natick Conservation Commission and the Commission's agents shall have the right to enter and inspect the premises to evaluate compliance with this Order of Conditions, and may require the submittal of any data necessary for such evaluation. 52. The Natick Conservation Commission and the Commission's agents shall have the authority to inform the applicant or the applicant's representative of violations of the erosion and sediment control measures of this Order of Conditions. Upon such notification, the owners shall take immediate action to correct the violation. 53. The applicant shall notify the Commission in writing of any changes in Personnel so responsible, together with appropriate names, addresses, and phone numbers. 54. The applicant shall provide 48 hours no.tice to the Commission prior to beginning activities on-site. All site mitigation measures must be in place prior to beginning construction activities. 55. This order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 56. In any unforeseen problem occurs during the project which affects any of the statutory interests of the Wetlands Protection Act, Chapter 131, Section 40 and/or the Natick Wetland Bylaw, upon discovery, the applicant shall notify the Commission, and an immediate meeting shall be held between the Commission, the applicant, the engineer, contractor, and other concerned parties to determine the corrective measures to be employed. The applicant shall then act to correct the problem using corrective measures agreed upon.
Appendix 1: Standard Operating Guidelines for Hand-Harvesting and DASH
Standard Operating Guidelines for Hand-harvesting from the Practical Guide to Lake Management in Massachusetts (GEIR) Performance Guidelines 1.
Map the distribution of the target species and any protected nontarget species in the lake 2. Train all harvesting personnel to recognize the target species and any non-target species of concern 3. Restrict hand harvesting to areas of sparse density of the target species (<500 stems/acre in most cases) 4. Provide fragment barrier around areas to be harvested and bags in which harvested plants are to be placed 5. Harvest entire plants; pull out root systems to the greatest extent possible 6. Observe safety precautions in areas where boat traffic may be encountered or other risks exist; provide spotters on the surface for all divers 7. Monitor turbidity in the harvest area before, during and after harvest 8. Monitor pre- and post-harvest density of target plants 9. Plan for follow-up inspection and harvesting within the same growing season and in the following growing season
Standard Operating Guidelines for Hand-Harvesting from the Guidance for Aquatic Plant Management in Lakes and Ponds (DEP) 1. 2. 3.
Areas of target species for control and areas of non-target species should be identified and indicated on a map of appropriate scale. Methods for minimizing turbidity during harvesting should be identified and implemented when feasible. A method for collection of plant material that is cut and a disposal location of plant material that is to be removed from the water body should be identified in order to prevent decomposition that may result in lower dissolved oxygen in the water column.
Standard Operating Guidelines for Hand-Harvesting from the Standard Operating Procedures: Using Hand-Pulling and Benthic Barriers to Control Pioneer Populations of Non-Native Aquatic Species-A Guide for Volunteers (OCR) CONTROL OF SUBMERGED AQUATIC PLANTS HANDPULLING SUBMERGED SPECIES SUMMARY This inexpensive technique is favored for controlling small pioneer infestations or where a large pool of volunteer labor is available. Although this technique is very species specific and causes minimal damage to non-target species or other biota, many submerged non-native species spread by fragmentation, so extreme caution must be exercised when hand pulling to prevent additional spread. Although hand pulling is an inexpensive management technique, the use of SCUBA divers may increase the cost, and post monitoring is essential. SAFETY CONSIDERATIONS It is essential to carry out this technique with a partner, rather than alone, and to take into consideration weather conditions, such as extreme heat or approaching storms. Life jackets are strongly recommended, and always follow the boating/water rules and regulations. If SCUBA divers are required, the divers will follow the safety guidelines outline by PADI, SCUBA or the certifying company.
MATERIALS 1. Plant bags & nets 2. Spotter boat (if needed) 3. Scuba divers (if needed) 4. Plant guide, note pad and markers (permanent ink) 5. Life vests 6. Water, sunscreen, polarized glasses, hat with a brim PROCEDURE 1. If plants are in deep water, arrange for a spotter boat and two volunteers: one to drive and one to net any fragments that may float up. If the plants are confined to shallow waters, waders and view scopes (or mask/snorkel) may suffice. 2. Have a volunteer on shore keep notes on the amount of plants removed, the time spent on removal, names of participants etc. It is important to have volunteers sign in and out so that they are accounted for. 3. Begin at the furthest boundary of the defined area and line up the volunteers along the boundary. Work towards the shore with the volunteers maintaining the line formation. Volunteers should go no more than chest deep, depending on the slope of the shore and type of bottom. 4. Remove target plants from the base, removing the entire root while disturbing the sediment as little as possible. Place the removed plants carefully in a collecting bag, and take care not to fragment the plants or leave any fragments in the water. The spotter boat should remain nearby, down wind/current, and have a volunteer with a net collect any fragments and place them in a storage bag. The boat operator needs to be very cautious of the volunteers in the water. 5. Repeat steps 3 and 4 until all the target plants have been removed. Depending on the number of volunteers, type of sediment, depth of water and other factors, expect this project to take a few days since the removal of the plants can create turbidity and make visibility very difficult. 6. Once the removal is complete, dispose of the contents of the storage bags far from the water so that they cannot cause a re-infestation. 7. Record the final details of the procedure and include date, time, site, town, volunteers involved, size of area pulled, approximate volume of plants removed, how they were disposed of and other relevant notes. 8. To ensure effectiveness of treatment, monitor the site monthly during the growing season for reappearance of the non-native species. Remove any surviving plants.
Control of Floating-leaved Non-native Plants Hand Pulling Floating Leaved Species SUMMARY This inexpensive technique is favored for small to medium sized infestations or where a large pool of volunteer labor is available. Since the floating-leaved plants do not spread by fragmentation, this technique is very species specific with minimal risk of additional spread. Although hand pulling is an inexpensive management technique, post monitoring for re-growth and new plants is essential because many plants drop seeds that remain viable for years. SAFETY CONSIDERATIONS It is essential to carry out this technique with a partner and to take into consideration weather conditions. Life jackets are recommended and always follow the boating regulations. MATERIALS 1. Laundry baskets/Leaf Tip bags (or other containers to transport plants)
2. 3. 4. 5. 6. 7. 8.
Kayak/canoe Pontoon boat (optional) Plant guide, note pad and pens Life vests Water, sunscreen, polarized glasses, hat with a brim Waders, mask/snorkel, view scope (optional) 100 lb limit hanging scale (optional)
PROCEDURE 1. Timing: Mid-June is the best time to pull floating-leaved plants since they are visible at the water's surface, are still small, and have not produced seeds. Water Chestnut must be pulled prior to August, before the nuts have formed. If hand pulling after August is inevitable, then take care to pull plants very carefully and to turn them upside down during retrieval to prevent the seeds from dropping into the water. 2. Boats: Kayaks and canoes are ideal vessels for hand pulling floatingleaved species. Kayaks are easier to transport to remote locations, and are more maneuverable, especially in shallow water and dense plant growth. Since kayaks only require one person to paddle, their use maximizes the use of available volunteers. Canoes have the advantage of being able to carry a greater quantity of pulled plants, but generally require two volunteers to paddle and steer. Pontoon boats increase the efficiency of the hand pulling project in several ways. They can carry all the supplies, volunteers and kayaks/canoes to the location and then once unloaded, can be used to store and transport the plants. (ex. An average pontoon boat can carry around 1000 pounds of water chestnut plants.) Kayakers and canoes can save time and energy by trading full laundry baskets for empty ones at the pontoon boat, instead to traveling to and from shore each time. 3. If plants are confined to shallow waters near shore, then volunteers with waders may suffice. 4. Plastic laundry baskets are ideal collection containers because they are inexpensive, light weight, can be secured to the kayak with bungee cords and drain excess water. Two handled plastic tubs also work well in 路 canoes. For hand pulling projects near shore, Leaf Tip bags will suffice. 5. Prior to beginning a hand pulling event, give volunteers a brief history of the species, its impacts, and emphasize species identification. Keep a list of the names of participants and have volunteers sign in and out so that they can be accounted. 6. Remove target plants from the base, removing the entire root and stem. Place the removed plants carefully in the collecting baskeUbag. 7. Once the basket is full return to shore (or a stationary pontoon boat) and turn in the basket to be weighed (or plants counted). Assign a volunteer to keep notes on the weight or number of plants removed. This data is helpful for tracking population decreases year to year as a result of the hand pulling effort. If uniform bags or baskets are used, 10 loads can be averaged to determine the approximate weight and plant courit per load. This will eliminate the need to weigh or count plants for every load collected. Plants should be disposed of on dry land, far above the high water mark. Some towns or local companies may be willing to haul away and compost or incinerate the removed plants. 路 8. Record the final details including date, weather, beginning and end time, site, town, number of volunteers, size of area pulled, number (or weight) of plants removed, how they were disposed of and other relevant notes. 9. Return to the site in one month and hand pull any new growth. Continue to monitor the site monthly (if possible) during the growing season.
Appendix 2: Shoreline Map
Lake Cochituate - Middle Basin Shoreline South of Red Line Follovv Mussel Protective Conditions
j N 105
210
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676 MassDEP File #
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G. L. c. 131, §40
eDEP Transaction #
Natick City!Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance 1.
Is a municipCJI wetlands bylaw or ordinance applicable? ~ Yes
2.
The
Natick
D
No
hereby finds (check one that applies):
Conservation Commission
a.
D that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw
2. 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. · b.
~ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Natick Wetland Protection Bylaw 1. Municipal Ordinance or Bylaw
3.
2. 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See special conditions
wpaformS.doc • rev. 0511912010
Page 10 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
233-676
WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
MassDEP File # eDEP Transaction # Natick City!Town
E. Signatures
'-1-- .2l, -II
This Order is valid for three years, unless otherwise specified as a special 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. This Order must be signed by a majority of the Conservation Commission.
2. Number of Signers
S
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
:;g:~ffice, if not filing electr~~~fferent~
-~~
#rb~·
D
by hand delivery on
Date
·;'~-" D
by certified mail, return receipt requested, on
Date
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 MassDEP 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 providing written information to the Department prior to issuance of a Superseding Order. 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, § 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.
wpaform5.doc • rev. 05/19/2010
Page11 of12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands
233-676
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ยง40
MassDEP File# eDEP Transaction #
Natick City!Town
G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Conservation Commission
Please be advised that the Order of Conditions for the Project at: Project Location
MassDEP File Number
Has been recorded at the Registry of Deeds of: County
for:
Book
Page
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 โ ข rev. 05/19/2010
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