TOWN OF WAYLAND MASSACHUSETTS
01778
CONSERVATION COMMISSION TOWN BUILDING 41 COCHITUATE ROAD TELEPHONE: (SOB) 3SB-3669 FAX: (SOB) 3SB-3046
May 31,2011 Mr. Michael Lowery Lake Cochituate Watershed Council P .O. Box 183 Natick, MA 01760 RE:
Order of Conditions and Chapter 194 Permit for Lake Cochituate (DEP 322-751)
Dear Mr. Lowery: Enclosed are the original Order of Conditions and Chapter 194 Permit for the work proposed at Lake Cochituate in Wayland. You are responsible for meeting all the conditions of both the Order of Conditions and the Chapter 194 Permit. The Order and Permit must both be filed at the Middlesex South Registry of Deeds. Thereafter, evidence of the recording must be submitted to the Commission prior to commencing work . The filing of the decisions is on the title to the
property and there is a need, upon completion of the work, to close this application by seeking and receiving a Certificate of Compliance. :written notice of not less than two or 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. All submissions must refer to the DEP file number and condition or conditions, which the submission is intended to address. There are a number of conditions requiring attention and submittals before work can start on the site. No work may begin until the performance guarantee is submitted . Also there are required inspections while the work is being done.
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. Sincerely,
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Brian J. Monahan, Conservation Administrator Enc. (2 Original Decisions) cc: Town Clerk w/encs. DEP NERO w/encs. Mass DCR w/encs. Board of Selectmen Board of Health Abutters File
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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 Lake Cochituate Watershed Council Vegetation Management Plan Using Hand-Pulling and Diver Assisted Suction Harvesting (DASH) May31,2011 (Also DEP File 322-751) Project Description: An application was filed for Decision: The Wayland Conservation Commission approves the proposed work, as conditioned herein pursuant to Wayland's Wetland and Water Resources Bylaw, Chapter 194. This decision is subject to the16 conditions below and based upon the findings 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: 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 checked above. The Commission orders that all work shall be performed in accordance with said 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.
Special Conditions Issued by the Wayland Conservation Commission: 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 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.
3.
All written submissions to the Conservation Commission shall include: a date, the DEP File Number (322-751 ), and the condition or conditions that the submission is intended to meet.
4.
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.
Wayland's Wetlands & Water Resources Bylaw, Chapter 194 Permit - May 31 , 2011 LCWC Lake Cochituate Nuisance Vegetation Management Using Hand-Pulling, DASH (Also DEP File 322-751) Assessor's Map 55, Page 2 of 4
5.
The work permitted shall be done by a contractor approved by the Department of Conservation and Recreation.
6.
The activities 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 permitted by this decision the applicant shall provide the name of the property owner associated with the permitted work and the name and address of the contractor doing the work .
10. Prior to commencing any work at a particular portion of the land the name, address of property owner and name and address of the contractor shall be provided, not less than two business days before work commences, to the Wayland Conservation Commission. Both the owner and contractor, if work is not done in compliance with this decision, may be assessed a noncriminal penalty of not less than $300 for each violation. There may also be a cease and desist order issued for non-compliant work. 11. The applicant shall provide quarterly written reports to the Conservation Commission detailing what efforts have been done during the past quarter, as well as the results of these efforts, both positive and negative. Reports are to be submitted by the end of the months of January, April, June and October. 12.
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.
13. This Permit incorporates the Conditions of DEP File 322-751 . Failure to comply with a condition in the Order of Conditions shall be deemed a violation of this Permit and subject to the applicable penalities. 14. No dumping and/or com posting are permitted within 100' of a wetland or water body. This shall be noted on the Certificate of Compliance when it is issued .
Wayland's Wetlands & Water Resources Bylaw, Chapter 194 Permit -May 31, 2011 LCWC Lake Cochituate Nuisance Vegetation Management Using Hand-Pulling, DASH (Also DEP File 322-751) Assessor's Map 55 , Page 3 of 4
15. Activities shall be documented, in part, with dated photographs of the area and method being implemented . 16.
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.
Findiings: a. The resource areas that have been identified at the site are bank, land under a water body, vegetated wetlands , stream, and buffer zone . b. This application and this decision are not intended to define the limits of resource areas regulated by the Bylaw. c. Work is in the buffer zone, lake and vegetated wetlands all resource areas regulated by Chapter 194. d. 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. e. A joint public hearing, with the towns of Natick and Framingham , was opened for this application under the Wayland Wetlands and Water Resources Protection Bylaw, Chapter 194 on January 18, 2011 . This hearing was continued to February 17, 2011 , March 16, 2011 and March 31 , 2011 at which time it was closed . f. The minutes of the Commission meetings are incorporated as part of the record for this decision . g. 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. h. The Commission finds that recreational use within resources areas , though desirable in certain situations , is not a stated interest of the Wayland Wetlands and Water Resources Protection Bylaw. i. The Conservation Commission generally seeks the treatment of nuisance vegetation by methods other than the application of herbicides.
Wayland 's Wetlands & Water Resources Bylaw, Chapter 194 Permit - May 31, 2011 LCWC Lake Cochituate Nuisance Vegetation Management Using Hand-Pulling, DASH (Also DEP File 322-751) Assessor's Map 55, Page 4 of 4
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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 sheen on the surface of Lake Cochituate is reportable as well as "sludge or emulsion beneath the surface or deposited on the shore line". Section 311 (a)(2) of the Clean Water Act requires reporting for any discharge. In addition, for the transporter delivering fuel at the shoreline, is the consideration of 49 CFR Part 130 where any discharge is reportable , not only to navigable waters and shorelines, but also to land with natural resources "under the exclusive authority of the United States". Any deviation from the approved work will require a formal determination by the Conservation Commission as to whether this decision may be modified or a new filing will be required. The Conservation Commission will not permit the use of herbicides if there is not a good faith effort, based in part upon implementation of the various nuisance vegetation management strategies outlined in this application, by the applicant. Section 194-9 of the Wetlands and Water Resources Bylaw permits 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.
This decision is not valid without a notarized signature sheet. The page numbering does not include the notarized sheet. This Permit expires on May 31,2015. If necessary, an extension must be filed Apri115, 2016.
TOWN OF WAYLAND MASSACHUSETTS
01778
CONSERVATION COMMISSION TOWN BUILDING 41 COCHITUATE ROAD TELEPHONE: (508) 358-3669 FAX : (508) 358-3606
CHAPTER 194 PERMIT WETLANDS AND WATER RESOURCES PROTECTION BYLAW Signature Sheet
Lake Cochituate (DEP 322-
-]
tion Commission:
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Date issued: _ __ _ _ _ __
This Permit is issued to the applicant as follows: _
by hand delivery on _ _ __ _ __ by certified mail on _ _ _ _ _ _ __
Page I of
Provided by MassDEP:
Massachusetts Department of Environmental Protection
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Bureau of Resource Protection -Wetlands
MassDEP File#
WPA Form 5- Order of Conditions
------
Massachusetts Wetlands Protection Act M.G. L. c. 131, ยง40
eDEP Transaction # 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.
Wayland
1.
From:
2.
This issuance is for (check one):
3.
To:
Conservation Commission
a. ~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 and Ponds PrQ9IยงII'!l_ c. Organization
251 Causeway Street_ d. Mailing Address
Boston
MA
02114
e. City!Town
f. State
g. Zip Code
s. Project Location: Lake Cochituate
YJayla=-n_d_ _ _ __
a. Street Address
b. City!Town
- - - - -
n/a --------------C.
n/a
--------------
Assessors Map/Plat Number
Latitude and Longitude, if known:
wpaform5.doc โ ข re,_ 05/19/2010
d. Parcel/Lot Number
42.2d969m33s d. Latitude
--------
-71.3d694m41s e. Longitude
Page1of12
Provided by MassDEP:
Massachusetts Department of Environmental Protection
3:.7 z_ ~ ._l~L-
Bureau of Resource Protection - Wetlands
MassDEP File #
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction # City!Town
A. General Information (cont.) 6.
Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Middlesex South
- - - - - - - - - - - - - - - - - -
a. County
b. Certificate Number (if registered land)
c. Book
d. Page
7.
Dates:
8.
Final Approved Plans and Other Documents (attach additional plan or document references as needed):
a. Date Notice of Intent Filed
b. Date Public Hearing Closed
c. Date of Issuance
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
B. Findings 1.
a.
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: Prevention of Public Water Supply b. G( Land Containing Shellfish c. Pollution f. Cil.-Protection of Private Water Supply e. Fisheries Wildlife Habitat
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d.
d
g.
IT!
2.
This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
r:r
Groundwater Supply
h.
B
Storm Damage Prevention i.
51.51ood Control
Approved subject to: a.
~ the following conditions which are necessary in accordance with the performance §tandards 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· rev. 0511912010
Page 2 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Provided by MassDEP:
"32? -. ]:~ I
MassDEP File #
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G .L. c. 131, ยง40
eDEP Transaction # City!Town
B. Findings (cont.) Denied because:
D
b.
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.
c.
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 Jacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.
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
5.
D D
6.
rg]
4.
7.
Bank Bordering Vegetated Wetland Land Under Waterbodies and Waterways
0
Bordering Land Subject to Flooding
Cubic Feet Flood Storage 8.
9.
Proposed Alteration
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.
e. cubic feet
f. cubic feet
D Isolated Land Subject to Flooding
a. square feet
Cubic Feet Flood Storage
c. cubic feet
D
Riverfront Area Sq ft within 100 ft Sq ft between 100200 ft
wpaformS.doc โ ข rev . 05/19/2 0 10
cubic feet
- - - -- - - -
b. square feet
-- - ------
~------ --
d. cubic feet - - --
---------
a. total sq. feet
b. total sq. feet
c. square feet
d. square feet
e. square feet
f. square feet
square feet
i. square feet
j.
-----
g. square feet
h.
square feet
Page 3 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection -Wetlands
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7
MassDEP File #
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
-l.
-
eDEP Transaction # City!Town
B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Alteration 10. 11.
D Designated Port Areas D Land Under the Ocean
12.
D
Barrier Beaches
13.
D
Coastal Beaches
14.
D
Coastal Dunes
15.
D D
Coastal Banks
16.
17. 18.
19.
Rocky Intertidal Shores
D D
Salt Marshes
Land Under Salt Ponds
D Land Containing Shellfish
20.
D
21.
D
Fish Runs
Land Subject to Coastal Storm Flowage
wpaform5.doc • 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 c. square feet
d. square feet
----~---
a. square feet
b. 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
Bureau of Resource Protection- Wetlands
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP :
_3 )______ 1. - _j:-z_p---1 :)____! __ MassDEP File# eDEP Transaction # City!Town
B. Findings (cont.) D
• #22. 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
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.
If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the orig inal Final Order of Conditions and unless extended in writing by the Department. the Order will expire on
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 .
wpaform5doc • rev . 05/19/2010
Page 5 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Provided by MassDEP:
_'5?~- 9--::LL_
WPA Form 5- Order of Conditions
MassDEP File#
Massachusetts Wetlands Protection Act M.G .L. c. 131, ยง40
eDEP Transaction # 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
32 Z-
91j "
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 of Compliance (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.
wpaformS.doc โ ข rev . 05/19/2010
Page 6 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G .L. c . 131, §40
Provided by MassDEP :
~ ·zz-1-JI MassDEP File # eDEP Transaction # City!Town
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) 0 is not (2) 0 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.
wp aform5 .doc • rev . 05/19/2010
Page 7 of1 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by Mas1DEP:
-~~~Âą-~-'--MassDEP File #
-
eDEP Transaction # 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.
wpaformS.doc â&#x20AC;˘ rev 05/1 9/20 10
Page 8 of 12
Provided by MassDEP:
Massachusetts Department of Environmental Protection
"?'-,2-~(
Bureau of Resource Protection- Wetlands
~ --~ -72___
MassDEP File#
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction # 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 BMPs 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):
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Page 9 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP : MassDEP File # eDEP Transaction # CityfTown
D. Findings Under Municipal Wetlands Bylaw or Ordinance 1.
Is a municipal wetlands bylaw or ordinance applicable?
2.
The
Wayland
. ___
I2SI
Yes
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 m.unicipa 1.
0
:~ce;~ Jla\J:J~ica/&1>[)({ ~---
unicipal Ordinance or Bylaw
il
- -- - - - -
c2,. ~c-,·teya·t·,.L___ l {1 atill~
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.
D that the following additional conditions are necessary to comply with a municipal ordinance or 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):
wpaformS.doc • rev 05/19/2010
Page10 of1 2
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ยง40
Provided by MassDEP:
c: zz--t;5f
MaSSDEP Fie#
eDEP Transaction # 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. Wayland Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Wayl<~m-,d -----c:----:--:--:-- Conservation Commission
Please be advised that the Order of Conditions for the Project at: Lake Cochituate - -- - -- --
MassDEP File Number
Project Location
Has been recorded at the Registry of Deeds of: Middlesex South Book
County
Page
Jgm Flannery
for:
Property Owner
and has been noted in the chain of title of the affected property in : Page
Book
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 re, _05/ 19120 10
Page 12 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 5- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ยง40
Provided by MassDEP:
~22-1?1
MassDEP File # eDEP Transaction # CityfTown
E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the 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.
1. Date of Issuance 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, d th roperty owner, if di erent ' from applicant. Signatures:
D Date
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, ยง 40), and is inconsistent with the wetlands regulations (31 0 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.
wpaformS.doc โ ข rev. 05/19/2010
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"Attachment A" Order of Conditions 322-751 Lake Cochituate May 31, 2011 Page 1 of 7 Project Description: An application for hand pulling and diver assisted suction harvesting in areas of Lake Cochituate infested with invasive plants. ---There is a separate local wetlands bylaw decision for this work. Decision: The Conservation Commission approves the project, based upon the findings listed below and subject to the 57 conditions listed in this decision. The Conservation Commission finds that the conditions are necessary, in accordance with Performance Standards set forth in the Wetlands Regulations (310 CMR 10.00) to protect the interests in the findings. The Commission orders that all work shall be performed in accordance with said 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. Conditions for Approval: The Conservation Commission approves the project, based upon the findings noted above and subject to the 57 conditions listed below. The Conservation Commission finds that the conditions are necessary, in accordance with Performance Standards set forth in the regulations and/or in Chapter 194, to protect those interests noted above in the findings. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent t hat the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. Conditions 1 -56 as noted on WPA Form 5 "Order of Conditions"; Pages 1 - 4 The applicant is urged to review these conditions.
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 (DE P) 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 OCR Lakes and Ponds Program . The contractor is approved if he/she is on OCR Lakes and Ponds Assessm ent 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 orga nization , formal DASH and/or hand-pull ing experience), and experience in the field of aquatic plant management including hand-pulling and DASH for at least five (5) years.
23. 24.
25.
26.
27.
"Attachment A" Order of Conditions 322-751 Lake Cochituate May31,2011 Page 2 of 7 LCWC must ensure that the electronic pre-harvesting application is complete prior to beginning each project. [insert link when available]. 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 OCR and all three Conservation Commissions (Natick, Wayland, and Framingham). Definitive date(s) for work must be submitted to OCR 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. At that time, contractor must submit their equipment decontamination protocol before entering and after leaving Lake Cochituate. OCR staff will be allowed an opportunity to inspect equipment if desired. Also at that time, the contractor must provide a copy of their current insurance coverage, listing DCF< 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 plant fragments. 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 oil-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
"Attachment A" Order of Conditions 322-751 Lake Cochituate May31,2011 Page 3 of 7 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. LCVVC 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 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 OCR 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. Please 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
"Attachment A" Order of Conditions 322-751 Lake Cochituate May 31, 2011 Page 4 of 7 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 47 . If by chance a diver finds an Eastern Pondmussel along a shoreline the NHESP is to be notified. The dislodged mussel replaced on pond bottom, if possible a spent shell should be submitted, location recorded with GPS and submitted to NHESP. Wayland Conservation Commission Special Conditions 48. 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 Protection Act, M.G.L. c. 131,40 ("Act") and the Town of Wayland Wetland Bylaw. 49. Pursuant to General Condition No. 9, this Order of Conditions must be registered in the Re9istry 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 Wayland 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. 50. 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. 51. 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. 52. The Wayland 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. 53. The Wayland 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. 54. The applicant shall notify the Commission in writing of any changes in Personnel so responsible, together with appropriate names, addresses, and phone numbers. 55. The applicant shall provide 48 hours notice to the Commission prior to beginning activities on-site. All site mitigation measures must be in place prior to beginning construction activities. 56. 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. 57. 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 Wayland 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.
"Attachment A" Order of Conditions 322-751 Lake Cochituate May31,2011 Page 5 of 7 This Order expires on May 31, 2014 If necessary, an extension should be filed before The request evaluation of compliance specified in this decision should be filed by before.
Findings-
MGL Chapter 131, Sec. 40:
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 (OCR). 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 Ponds. 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 milfoil, 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
"Attachment A" Order of Conditions 322-751 Lake Cochituate May31,2011 Page 6 of 7 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; OCR 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. This Order of Conditions is valid for 5 years. a.
b. c.
d.
e. f. g. h. i. j. k.
The resource area where the activity proposed is: Bordering Vegetated Wetlands and buffer zone according to the Notice of Intent filed with the Conservation Commission. There are other resource areas on the property including riverfront area and bordering land subject to flooding. Work is proposed in the bordering vegetated wetlands. The resource areas 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, and fisheries. The public hearing was opened on January 18, 2011 and continued, with the permission of the applicant to February 17,2011, March 16,2011 and March 31,2011 at which time it was closed. The minutes of these meetings are considered part of the record for this decision. It is the responsibility of the applicant to ensure that the Conservation Commission's record is complete, up to date, and accurate. Equipment will be decontaminated and the wash water from the decontamination site will be treated with the dewatering treatment system. Material will be removed from the site and disposed of legally. The Commission will require documentation of compliance with this requirement. Other permits may include, but are not limited to; subdivision approval, building permits; street opening permits, Board of Health approvals, state and federal permits. The Commission's decision is not intended to permit a person or activity to infringe upon the property of others without permission. During construction precautions must be taken to avoid accidental spills of oils or hazardous materials in or near the wetlands or other resource areas. Precautions
I.
m.
"Attachment A" Order of Conditions 322-751 Lake Cochituate May31,2011 Page 7 of 7 include limiting where equipment is serviced and refueled, having spill containment kits at the site, and taking steps to avoid spills and accidents or permitted activity. The Conservation Commission must review changes in plans before they are implemented. A change may require the filing of a new Notice of Intent or an Amendment to the Order of Conditions either of which necessitate a public hearing. 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.