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B & M RAILROAD RIGHT-OF-WAY - CONSERVATION COMMISSION
o - o a �� — g+nh 12�l�trr.� ��yq}—�-wzr I � _ `� - - - \ _ - G l I SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Sign ure ,I item 4 if Restricted Delivery is desired. AAOAgent IIIPrint your name and address on the reverse X J� Ile ❑Addressee so that we can return the card to you. B. Received by(Print d Name) ate De' ry ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 e 1. Article Addressed to: If YES,enter delivery address below: 0 No 6+/K 'Clod. �/n I0NSC 3. Servide Type $,Certified Mail ❑Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2410 0003 2794 5781 (rmnsfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • I c ,TED STATES POSTAL SERVICE Firs[-eaass Ma; APR 21 20 os &Feesaid Perm'.•Tfo'G-¢B�a„� • Sender: Please print your name, address, z U w o a o a N J Salem Conservation Commission Lo `y 120 Washington Street,3rd A a CD Salem,MA 01970U rz o j W az I � � I m K04 I ,ilit1I1dLIld111kildid!I Hid III dM — SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION . ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the re erse 0 Addressee so that we can return the card to you. -fU ce d-b n ted ne) Date of Delivery ■ Attach this card to the back of the mai iece, or on the front if space permits. D. Is delivery address differen from item ❑Ye s 1. Article Addressed to: If YES,enter delivery add ss below: 0 No AEP 1 APR 2 1 2005 O&ZO - loo-Vanls 4. 4Ja/N(wjyt� DEP I� �. OAL. Wlh}A JT1 3. �evicF Fr,Ra�M BCgirMdiAefrh1a021 GBExpress Mail ys / �� O�Ov egistemd Return Receipt for Merchandise /� U ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2410 .0003 2794 5774 ' (Transfer from service/abeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-oam-t Sao UNITED STATES POSTAL SERVsl P4 'a c PS • Sender: Please print"*n:� �accress, nZ +4box-* b Ln Salem Conservation COMM18610r, *4 C: 120 Washington Street 3rd rl cl: SAM,MA 01970 L) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Boston & Maine Corportaton (B&M) return key. Name Name Iron Horse Park Q Mailing Address Mailing Address +' North Billerica MA 01862 ® City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Salem Track Chart-Spray Zones Title Date Title Date Title Date 2. Date Request Filed: 4/4/05 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Vegetation control along the Boston & Maine Railroad Right-of-Way, will conform to the guidelines set forth in the Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00)and the preface to the Wetlands Protection Regulations (333 CMR 10.00) relative to the rights-of-way management Project Location: Boston & Maine Railroad Right-of Way Salem Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number wpafa m1doc•rev.7/13104 Page 1 of 5 _, l Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2 doc•rev.7/13/04 Page 2 of 5 e L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2ticc•rev.7MI04 Page 3 of 5 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts c usetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ® 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: 310 CMR 10.03 (6)(b) Presumption Concerning Application of Herbicides 310 CMR 10.58 (6) (a) Exempted from Requirements for the Riverfront Area Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on y�21L Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve theapplicant from complying with all other applicable federal state or local statutes ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Attachment)and the property owner(if different from the applicant). Signatures- . � j April 14, 2005 Date wpafor 2.doc•rev.1/13/04 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office(see Attachment)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2,doc•rev.7113104 Page 5 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131 40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cumminglon Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Manson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchenown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardstcn Egremcnt Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leveret) Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfeld Great Samngton Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Bane Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2786 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngskc=gh Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duzbury Halifax New Bedford Rochester Wellfieet Phone:508-946-2700 Barnstable Faill Hanover North Attleborough Rockland West Bridgewater Berkley East Bndgawater Hanson Norton Sandwich Westport Fax:508-947-6557 p Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Etlgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Manan Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Rantlolph Walpole Arington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billenca Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburypod Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaformi•DEP Addresses•rev.7/13/04 Page lot Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor- do not use the Boston & Maine Corportaton (B&M) return key. Name Name Iron Horse Park VQ Mailing Address Mailing Address r North Billerica MA 01862 ® City/Town State Zip Code Citylfown State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Salem Track Chart-Spray Zones Title Date Title Date Title Date 2. Date Request Filed: 4/4/05 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Vegetation control along the Boston & Maine Railroad Right-of-Way, will conform to the guidelines set forth in the Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and the preface to the Wetlands Protection Regulations (333 CMR 10.00) relative to the rights-of-way management Project Location: Boston & Maine Railroad Right-of Way Salem Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number wpafor 2.doc•rev.7113104 Page 1 of 5 7 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform24oc•rev.7/13/04 Page 2 of 5 Massachusetts Department of Environmental Protection �� Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.aoc•rev.7/13/04 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ® 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: 310 CMR 10.03 (6)(b) Presumption Concerning Application of Herbicides 310 CMR 10.58 (6) (a) Exempted from Requirements for the Riverfront Area Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on y1�9/�s Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Attachment) and the property owner (if different from the applicant). Signatures- April 14, 2005 Date wpafao Q.doc•rev.7113/04 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office(see Attachment)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpa(oo 2 doc•rev.7113104 Page 5 0!5 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 - Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandafield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Malborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leveret) Orange Southwick Wilon-sburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Pew Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston MfNille Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Bane Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Wnchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipstion Townsend Boylston Holden Mention Princeton Tyngsborwgh Brookfield Hopedale Milford Royalstion Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbu y Halifax New Bedford Rochester Wellf eet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Boume Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edganown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Artington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nall Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburypon Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham WlmingtOn Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfeld Wpalorri-DEP Addresses•rev.7113104 Page lot 1 CD �v CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Boston & Maine Corporation Railroad, Iron Horse Park, North Billerica, MA 01862. The purpose of the hearing is for a determination of work related to vegetation control along the B & M Railroad Right-of-Way. This hearing will be held on Thursday, April 14, 2005 at 6:00 p.m. in City Hall Annex, Room 313, 120 Washington Street. • Kevin P. ornacchio Chairman Please print ad on: April 7, 2005 Please send bill to: Boston &Maine Corp. Iron Horse Park N. Billerica, MA 01862 (978) 663-1218 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM i Keith L. Morris Michael F. Gragnolati 622 Spring Street 45 North Street Leeds, Massachusetts 01053 Windsor Locks, Connecticut 06096 Tel/Fax (413) 584-0633 Tel/Fax (860) 623-2588 March 25, 2005 Salem Conservation Commission City Hall 1 Salem Green Salem, MA 01970 RE: Boston & Maine Corporation Request for a Determination of Applicability Dear Commission Members: On behalf on Boston and Maine Corporation (B &M), we are pleased to submit a Request for a Determination of Applicability and accompanying track plans for B &M rights-of-way- in your community. The applicant is requesting verification of sensitive areas as they pertain to the Massachusetts Wetlands Protection Act (MWPA) MGL, Chapter 131, Section 40, and the Massachusetts Department of Agricultural Resources (MDAR) Pesticide Board Regulations 333 CMR 11.00. Each year, Boston and Maine Corporation's rights-of-ways will be treated with herbicides, as allowed, for weed control. The actual application of herbicide is regulated by the Massachusetts Department of Food and Agriculture. The enclosed Request for a Determination of Applicability is for verification of sensitive areas only, and not application of herbicides. This verification was last done in the year 2000. We are asking for approval of the same boundaries approved by your commission in 2000. Please notify the undersigned of the date and time of the public meeting and, if necessary, site inspection for this application. If you have any questions concerning this matter, please do not hesitate to contact our office. Sincer Pllk— Keith - L. Morris Environmental Consultant cc. Boston and Maine Corporation Regional Office -DEP Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Boston and Maine Corporation (B &M) computer, use Name only the tab key E-Mail Address to move your Iron Horse Park cursor-do not Mailing Address use the return North Billerica MA 01862 key. -C-it-y-/Town State Zip Code 978 663-1218 978 663-1262 Phone Number Fax Number(if applicable) 2. Representative (if any): Keith Morris &Michael Gragnolati Firm Keith Morris Keithlmorris@comcast.net Contact Name E-Mail Address 622 Spring Street Mailing Address Leeds MA 01053 City/town State Zip Code 413 584-0633 same Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ® b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. ❑ c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). weatorml.doc•rev.07114/04. Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem • / WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): B& M Rights of of Way Street Address City/town see attached plans Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The area consists of B& M Rights of Way in the community. See the attached plans and site locus for location. c. Plan and/or Map Reference(s): Right of Way track Map Boston & Maine Corporation. Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The applicant is requesting verification of the wetland boundaries as defined in the Massachusetts Wetlands Protection Act(MWPA) MGL Chapter 131 Section 40 and the Massachusetts Department of Agricultural Resources (MDAR) Pesticide Board Regulations 333 CMR 11.00. The sensitive areas have been delineated in the field by a color coded system approvedc by the MDAR. The system involves painting the railroad ties as described in the attached additional information and Figure 2. This application is for the verification of wetland boundaries only and not for the actual application of herbicides. Prior to the application of herbicides a Yearly Operational Plan (YOP) is submitted to each community and there is a 45 day review and comment period. wpaforml.doc.rev.07114/04. Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability cttyrrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). MWPA 310 CMR 10.03 (6) 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaforml.doc•rev.07114/04. Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem • r WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Attachment) were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Boston and Maine Corporation Mr. John Collins Name Iron Horse Park Mailing Address North Billerica Citycrown MA 01862 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accord ce witZS ' 10.05(3)(b)(1) of the Wetlands Protection Act regulations.1ZA 3-18-05 S" ature o Applicant I Date 3-18-05 Sig l/0 A� —ure of Re resentative(if any) Date wpaforml.doc•rev.07/14/04. Page 4 of 4 ADDITIONAL INFORMATION BOSTON & MAINE CORPORATION Purpose The purpose of this Request for a Determination of Applicability (RFDA) is for verification of sensitive areas along Boston & Maine Corporation's rights-of-way (ROW) as per Massachusetts Department of Food and Agriculture (DFA) Pesticide Board Regulations 333 CMR 11.00. The purpose of these regulations is for the use of herbicides, as allowed, in the maintenance of the ROW within the state of Massachusetts. Sensitive areas, as they pertain to the Massachusetts Wetlands Protection Act (MWPA) MGL Chapter 131, Section 40, include: (a) Any bank, the ocean any freshwater wetland any estuary any coastal wetland any creek any beach bordering on any river any dune any stream any flat any pond any marsh or any lake or any swamp (b) Land under any of the water bodies listed above (c) Land subject to tidal action Marking System Used To Identify Sensitive Areas in Field A color coded marking system was implemented in the field to allow herbicide applicators to identify the locations of sensitive areas adjacent to the roadbed. Specific railroad ties and rails were painted according to the following color scheme: Yellow- Limits of no spray zone. Represents a point on the railroad tracks that is a minimum 10 feet away from an area subject to protection under the MWPA 310 CMR 10.02 (1) (a) - (e) (bordering vegetated wetlands, streams, ponds, etc.). No spraying is allowed between the yellow ties. Blue- Limits of buffer zone and restricted spray zone. Represents a 100 foot buffer zone from a resource area or no spray (yellow) marker. In the restricted spray zones, herbicides can only be applied selectively by low pressure (< 60 psi) foliar application or stem application. White - Sensitive area warning marker. Indicates that the applicator is either entering or leaving a restricted spray zone. White markers are always adjacent to a blue tie. See Figure 2 for further information. DRAINAGE DITCHES Drainage ditches are an important component of the railroad right-of-way. If properly maintained, these ditches carry stormwater away from the tracks insuring that the bearing capacity of the soils under the rail bed is not reduced. Proper maintenance of the road bed includes keeping the ballast free of vegetation and sediments, and insuring that flow in the drainage ditches is not impeded. There are areas where ditches were not maintained in the past. In these areas water tends to pond and hydrophytic (water loving) vegetation predominates. This condition reduces the bearing capacity of the soils under the rail bed which decreases the stability the tracks. In the wetland delineation process, drainage ditches which contained wetland vegetation and a direct hydraulic connection to a viable wetland were considered regulated and the tracks marked accordingly. Drainage ditches that were not connected hydraulically shall be maintained with herbicides or by mechanical means. No herbicides shall be applied to any ditches if water is present. WETLAND AREA -\lilc Aila AIL 'AL A& �l!< o f RESTRICTED �` �o RESTRICTED SPRAY ZONE �� SPRAY ZONE NO SPRAY ZONE f NO SPRAY ZONE White Blue Yellow Yellow Blue White Tie Marker Key _ Figure Yellow = Limits of No Spray Zone SPRAY ZONES Blue = Limits of Buffer / Restricted Spray Zone N. T. S. White = Sensitive Area Warning Marker , — Wetland Area Am 0 WA &OCR! o MEW f''J� a►�0�� �_ row All r s �.l �.• ��� � 3�: �; ���r�T vii •Q ����� � � ! ��1��� �� ht ui' ��iri Faisl llip Im , , ; , rad "I all ftfblRNSITE LOCUS Figure - 111 • • • • .1,..SABF MAB%IIVG KEY Field Plan Symbol Color Code 4Il White Senstive Arra Warning Marler Blue - Limits of Restricted Spray Zone ■ Yellow Limits of No'Spray Zone NOTES: Sensitive areas delineated by Environmental Compliance Services, Inc., Agawam, Massachusetts, September 1992. Locations shown on plans are approximate. SCALE 1" = 100' fi Y <r { - if �. b 5 e f { (B' { r 'i I. I. . 1 I . r. �E ' rle f , '.I rt ..S ? r . 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(860) 623-2588 File No. 03-074 ' ' January 2005 ' TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 GENERAL DESCRIPTION OF THE SPRINGFIELD TERMINAL/BOSTON ' AND MAINE RAILROAD 2 3.0 GOALS AND OBJECTIVES OF THE VEGETATION MANAGEMENT PLAN 3 4.0 INTEGRATED PEST MANAGEMENT TECHNIQUES 4 ' 5.0 RIGHT-OF-WAY COMPONENTS AND JUSTIFICATION FOR HERBICIDE USE 5 5.1 ROADBED 5 ' 5.2 DRAINAGE DITCHES 5 5.3 BRIDGES AND ABUTMENTS 6 5.4 SWITCH BOXES, SIGNALS, AND SIGNPOSTS 6 5.5 COMMUNICATION LINES 6 6.0 IDENTIFICATION OF TARGET VEGETATION 7 ' 6.1 WEEDS 7 6.2 BRUSH 7 6.3 TREES 7 ' 6.4 VINES 7 6.5 DESIRABLE VS UNDESIRABLE VEGETATION 8 ' 7.0 METHODS OF VEGETATION MANAGEMENT 9 7.1 VEGETATION CONTROL TECHNIQUES 9 7.2 HERBICIDE APPLICATION EQUIPMENT 9 7.2.1 HY-RAIL EQUIPMENT AND USES 9 7.2.2 FOLIAR APPLICATION 10 7.2.3 STUMP TREATMENT 11 7.3 MECHANICAL EQUIPMENT 11 7.4 WEED CONTROL AS A SECONDARY BENEFIT 12 ' 7.5 SELECTION AND TIMING OF HERBICIDE APPLICATIONS 12 7.5.1 PRE-EMERGENT HERBICIDE PROGRAM 12 7.5.2 POST-EMERGENT HERBICIDE PROGRAM 13 7.6 TOUCH-UP APPLICATIONS 13 8.0 METHODS FOR IDENTIFICATION OF SENSITIVE AREAS AND CONTROL STRATEGIES PROPOSED FOR SENSITIVE AREAS 14 8.1 REGULATORY DEFINITIONS OF SENSITIVE AREAS AND ASSOCIATED RESTRICTIONS 14 ' 8.2 IDENTIFICATION, DELINEATION AND MARKING OF SENSITIVE AREAS 15 TABLE OF CONTENTS (Cont'd) 8.2.1 WETLANDS, WATERBODIES AND WATERCOURSES 15 8.2.2 PUBLIC WATER SUPPLIES AND AQUIFER RECHARGE AREAS 16 ' 8.2.3 PRIVATE WATER SUPPLY WELLS 17 8.2.4 SENSITIVE AREAS READILY IDENTIFIABLE IN THE FIELD 17 ' 8.3 SENSITIVE AREA MARKING SYSTEM 17 8.3.1 WETLAND, WATERCOURSES AND WATERBODIES 18 8.3.2 PUBLIC AND PRIVATE WATER SUPPLIES 18 ' 9.0 OPERATIONAL REQUIREMENTS OF APPLICATORS 19 9.1 LICENSING REQUIREMENTS OF APPLICATORS 19 9.2 INSPECTIONS AND RECORD KEEPING 19 ' 9.3 CONFORMANCE WITH REGULATORY NOTIFICATION REQUIREMENTS 19 9.4 APPLICATORS' COMPLIANCE GUIDELINES 20 ' 10.0 EMERGENCY AND CONTINGENCY PLANNING AND RESPONSE 21 ' 11.0 ALTERNATIVE LAND USE PROVISIONS OR AGREEMENTS 22 12.0 QUALIFICATIONS OF PERSONS DEVELOPING THE PLAN 22 APPENDICES: tAPPENDIX A—FIGURES APPENDIX B—REQUEST FOR DETERMINATION OF APPLICABILITY (FORM 1) APPENDIX C—OFFICIAL WETLAND BOUNDARY DETERMINATION (FORM 2) ' APPENDIX D—APPLICATORS' DAILY REPORT AND SPRAYING LOG APPENDIX E—PESTICIDE BOARD REGULATIONS 333 CMR 11.00 AND MASSACHUSETTS WETLANDS PROTECTION ' REGULATIONS REGARDING RIGHTS-OF-WAY MANAGEMENT APPENDIX F—EMERGENCY SPILL RESPONSE PLAN ' APPENDIX G—RESUMES OF PERSONS PREPARING THE VEGETATION MANAGEMENT PLAN APPENDIX H—SITE LOCI Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 1 1.0 INTRODUCTION ' This document details a five (5) year Vegetation Management Plan (VMP) for Rights-Of- Ways of the Springfield Terminal/Boston and Maine Railroad (The Railroad), a Division of ' Guilford Transportation, Inc. of North Billerica Massachusetts. The VMP addresses the intended program to be carried out by the Railroad for the control of nuisance vegetation within their Rights-Of-Way(ROW) that may interfere with safe railroad operations. The plan includes: a statement of goals and objectives related to vegetation management; a description of the ROW; identification of components and vegetation categories targeted for control; the ' methods intended for control and management of vegetation; the rationale and justification for the proposed vegetation management techniques and herbicide applications; timing of herbicide applications; the operational strategies and requirements to be followed by the Railroad and application contractors; equipment used for vegetation control; the techniques used for identification of sensitive areas and control strategies for sensitive areas; Integrated Pest Management Techniques and alternative control techniques used to minimize the ' frequency of herbicide applications; emergency/contingency measures to be implemented to prevent, control, or clean up a possible spill of herbicides; alternative land use provisions and the qualifications of the people preparing this plan. ' Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 2 2.0 GENERAL DESCRIPTION OF THE SPRINGFIELD TERMINALBOSTON AND MAINE RAILROAD The railroad has been in operation for approximately 145 years and has for the past 19 years been owned and operated by Guilford Transportation, Inc. The Railroad main line passes through eighty-five (85) Massachusetts communities. It runs north to south from the Massachusetts/Vermont State line in Northfield to Springfield and from Ayer south to ' Worcester. The railroad also runs from Boston and other easterly points northward to the Massachusetts/New Hampshire State Line in Haverhill and westward to the Massachusetts/New York State Line in Williamstown. A list of communities in which the ' Railroad has right-of-way ownership, and therefore may be effected by vegetation management activities is as follows: ' Acton Adams Andover Ashburnham Athol Ayer Belmont Bernardston ' Billerica Boston Boxborougb Buckland Cambridge Charlemont Charlestown Chelmsford Chelsea Chicopee Clinton Concord ConwayDanvers Deerfield Devens Easthampton Erving Everett Fitchburg Florida Gardner Greenfield Groton ' Harvard Hatfield Haverhill Holyoke Lancaster Lawrence Leominster Lincoln Littleton Lowell Lunenburg Lynn ' Lynnfield Malden Medford Melrose Methuen Montague North Adams North Andover Northampton Northfield Orange Peabody Philli Ston Reading Revere Rowe Ro alston Salem Saugus Shelburne ' ShirleySomerville Springfield Sterling Stoneham Swampscott Templeton Tewksbury T)Tgsborough Wakefield Waltham Watertown ' Wendell West Boylston Westford Westminster Whatley Williamstown Wilmington Winchendon Woburn Worcester ' Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 3 3.0 GOALS AND OBJECTIVES OF THE VEGETATION MANAGEMENT PLAN ' This VMP was prepared in the interests of safety and welfare of Railroad personnel and the general public. These interests are protected by providing the Railroad with operational ' standards and procedures necessary to implement an effective vegetation management program,while providing municipalities and regulatory agencies, as well as Railroad employees,with the information necessary to monitor vegetation management activities for the insurance of a safe and healthy environment. The VMP describes methods utilized by the Railroad to control or eradicate vegetation growing adjacent to and within the road bed using ' herbicides, mechanical equipment,proper planning and management practices, and Integrated Pest Management Techniques in order to minimize the amount of herbicide used. Such a need for vegetation control along the Railroad's ROW stems from regulatory statutes governing the ' railroad industry's safe operation, and from a practical evaluation of the processes,which lead to the degradation of a roadbed. Although the Railroad currently only treats the ballast area, switch boxes, signals and signposts with herbicides, the railroad reserves the right, after expanded sensitive area approval, to treat brush under communication lines. Pursuant to Article 49 Code of Federal Regulations (CFR) ss 213.37, railroads are required to ' control vegetation in order to alleviate the potential of fire, to provide railroad employees with unobstructed visibility of the track and road bed components from their normal duty stations, and, during routine inspections, to allow clear visibility of signs and signals, the safe ' performance of normal duties of Railroad personnel, and to prevent damage to or malfunction of signal and communication lines. The Railroad will incorporate the proposed vegetation control techniques along with sound management, planning and record keeping practices in order to meet or exceed the safety requirements imposed by state and federal regulations. It is also the Railroads' intent to minimize the need for herbicide use as part of their vegetation management program. Subject to approval of this VMP by the Massachusetts Department of Agricultural Resources (DAR), the railroad will prepare on an annual basis a Yearly Operation Plan (YOP) which will provide specific information about the vegetation management program to be carried out for the specified year. This YOP shall contain all information required by the DAR and will be submitted to the DAR for its review, comment and subsequent approval. Copies of the YOP will be submitted to the senior administrative official, Conservation Commission and Board of Health for each affected community listed in the YOP. The municipal officials and general public shall have 45 days, upon receipt, to review the YOP and submit comments to the DAR. Following the review and comment period,the DAR will provide the Railroad with formal notice of approval or denial of the YOP, or request modification as necessary. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 4 4.0 INTEGRATED PEST MANAGEMENT TECHNIQUES In order to reduce the amount and frequency of herbicide application, the Railroad will implement Integrated Pest Management Techniques (IPM). This includes the performance of a survey of the ROW, and elimination from its spray schedule those areas that are not infested with undesirable vegetation. The survey will include the identification of the undesirable vegetation in order to select herbicides most suited for the control of those species. The survey ' shall also include identification and recording of areas adjacent to the roadbed section of the ROW where vegetative conditions are found to be favorable to the interests of the Railroad. Non-selective use of herbicides or mechanical means of vegetation controls will be avoided in these areas. Additionally, the conditions,which appear to contribute to a lack of or abundance of favorable vegetation, will be noted, and efforts made to alter those conditions in order to ' achieve the desired conditions. Such conditions that may effect the presence or absence of undesirable vegetation include regional topography, drainage, availability of sunlight, nutrients, and in the case of the ballast, the potential for soil and detritus accumulation. The ' railroad will implement this integrated approach to vegetation management by encouraging plant communities that hinder the development of target vegetation. The ultimate goal is to minimize the use of and reliance on herbicides. ' The Railroad will also review planned maintenance schedules and evaluate the potential secondary weed or brush control value of the planned maintenance. If it is determined that ' adequate weed control will be gained from the maintenance activity(i.e. replacement of rail ties), those affected areas will be omitted from scheduled herbicide treatment. If a follow-up field inspection of the affected area indicates that weed control was not achieved by the maintenance activity, or if the maintenance activity cannot be achieved until problematic vegetation is dealt with, (e.g. presence of poison ivy in the work area) herbicides will be applied. 1 Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 5 5.0 RIGHT-OF-WAY COMPONENTS AND JUSTIFICATION FOR HERBICIDE USE 5.1—ROADBED ' The railroad ROW is comprised of the roadbed and the areas adjacent to the roadbed. Components of the roadbed are the steel rails and wooden ties that are supported on a bed of crushed traprock, known as ballast. The sloped sides of the ballast are referred to as the shoulder. Figure 1 (Appendix A) depicts a typical roadbed layout. Vegetation growing within the roadbed can cause several safety and functional problems for the Railroad. Excessive vegetation within the roadbed can hinder visibility of the tracks and roadbed components during track inspections and normal operations. Vegetation may also present physical hazards to Railroad personnel while working alongside rail equipment such as boxcars and locomotives. Vegetation may cause personnel to trip, slip or fall, which could result in serious injury or death. Vegetation in the roadbed can also result in the accumulation of soils and organic matter within the ballast section, which may inhibit drainage and weaken the structural ' integrity of the roadbed. As the height and density of roadbed weeds increase, they become crushed against the wheel of trains, thereby reducing the effectiveness of the braking system, which increases the risk of accidents. During dry months, weeds and brush can ignite from sparks created by the wheels and undercarriage of the trains. Brush fires may also be ignited along the roadbed from external sources such as vandals, discarded cigarettes dropped by pedestrians or from passing motor vehicles. Since most wooden rail components such as the rail ties and trestle timbers are treated with creosote or other flammable wood preservatives, brush fires can easily accelerate, resulting in damage to the roadbed components, communication lines and the disruption of the Railroad as a whole. Weed eradication in the early growth stage is essential, as growing root systems tend to assist in the accumulation of soil within the ballast,resulting in additional weed propagation. Based upon the aforementioned factors, weeds growing within the roadbed shall be targeted for complete control by the use of herbicides. 5.2—DRAINAGE DITCHES One of the most important components of the Railroad ROW are drainage ditches, which ' parallel the roadbed on each side of the shoulder. Rapid drainage of stormwater away from the roadbed is essential to maintain its structural integrity. If saturation of the ground below the roadbed occurs, the weight of the trains could cause the roadbed to sink into the underlying ' mud, which results in damage to the track sections and reduces the stability of the passing rail traffic, potentially resulting in a train derailment. For this reason the roadbed is designed to allow for quick stormwater drainage. If the ballast is maintained free of weeds and soil, ' stormwater can pass easily through the roadbed allowing the runoff to collect in the adjacent drainage ditches. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 6 In areas where the drainage ditches are not kept free of sediments and nuisance vegetation, the ' ditches tend to pond water rather than promote free drainage. The problem is compounded by the fact that some drainage ditches have developed hydrophytic (wetland)plant communities. Where no direct hydraulic connection occurs between drainage ditches and viable wetlands, ' the ditches shall be maintained by selective application of herbicides or mechanical trenching equipment. When mechanical means are utilized no herbicide application shall occur. No herbicides shall be applied when standing water is present. Treatment of ditches shall only occur during dry periods using only those herbicides, which have been recommended by the DAR for use in sensitive areas. 5.3—BRIDGES AND ABUTMENTS t Wooden or steel railroad bridges generally do not have the capability to trap soils and allow for vegetative growth and therefore will not be treated with herbicides. Vegetation can grow between gaps and cracks in stone abutments, footings, or foundations and loosen the stone, ' brick, or concrete. Vegetation growing in and around these structures will be maintained by both mechanical cutting and by selective herbicide application, as allowed, when mechanical means are not practical. ' 5.4—SWITCH BOXES, SIGNALS,AND SIGNPOSTS ' Federal law (40 CFR 213.00) requires railroads to control vegetation around switch boxes, signals and signposts to allow for complete visibility by train engineers, inspectors, passing motorists, and pedestrians. Unless this task can be accomplished quickly and effectively by ' mechanical means, these areas will most often be controlled, as allowed,by herbicide application. Herbicides in these areas will be manually applied by the licensed applicator utilizing a hose with spray nozzle attached to the by-rail vehicle. The area within a 10-foot ' radius of switches, signals and signposts will be maintained free of weeds. 5.5—COMMUNICATION LINES ' The Railroad utilizes overhead communication lines that parallel the roadbed. The vegetation present in the areas below the communication lines must be maintained free of dense brush or ' trees to prevent damage and to allow access to the lines and associated poles for periodic and emergency services. Lines may become shorted out if contact is made with tree limbs or creeping vines. They may also be knocked down if struck by falling limbs or branches. Some ' nuisance vegetation, such as tree limbs or branches may be controlled effectively by mechanical pruning, however, other problematic vegetation, such as poison ivy,which may attach itself to the utility poles and continue to spread along communication lines, is better controlled by herbicides. Mechanical means of poison ivy removal may result in direct contact with the plant by the equipment operator, which could pose a risk to the health of the operator. In general, tree limbs will be pruned when they overhang or are near the point of direct contact ' (within 2 to 5 feet)with communications lines. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 7 6.0—IDENTIFICATION OF TARGET VEGETATION 6.1—WEEDS The term "weeds" as used in this plan refers to any vegetation growing within the roadbed section of the ROW. Weeds shall be targeted for complete eradication. Weeds frequently found within the roadbed include grasses, sedges, forbs, tree and shrub seedlings, and creeping vines. Control of weeds within the roadbed can only be achieved cost effectively and efficiently through the discriminate use of herbicides. ' 6.2—BRUSH The term"brush" as used in this plan refers to any low to moderate height woody or non- woody vegetation growing in areas adjacent to the roadbed. Brush present in areas adjacent to the roadbed will be controlled whenever visibility of signals, signposts, crossings and adjacent ' rail lines are obstructed, and when encroaching upon communication lines adjacent to the roadbed. Vegetation along the inside of curves will be managed to provide the train's engineer with adequate visibility of track conditions, persons, animals or foreign objects present ahead ' of the train, and for observation of the train's performance. 6.3—TREES The term"trees" as used in this plan refers to any woody plant species, which are supported by a single stem or trunk, and are capable of reaching heights greater than 10 feet. Trees will be ' targeted for maintenance when limbs or branches encroach upon railroad bridges or the communication lines located adjacent to the roadbed. Tree maintenance will occur when the trees or branches obscure the train engineers vision of the roadbed components, signals, or ' road crossings. Tree maintenance will be achieved using mechanical cutting methods, followed by a stump treatment with herbicides when appropriate. ' 6.4—VINES The term "Vines" as used in this plan shall refer to any creeping or climbing plants. Vines will be controlled through herbicide applications and mechanical cutting when they encroach upon communication lines,utility poles, signals, and the roadbed components. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 8 6.5—DESIRABLE VS UNDESIRABLE VEGETATION "Desirable vegetation"refers to any vegetation,which does not interfere with railroad operations. Conversely"undesirable vegetation"is any vegetation which due to its species characteristics, or location in the ROW, interferes in railroad operations. For example, grasses or other low growing herbs that occur within the roadbed are undesirable, whereas their occurrence in areas below the communication lines is tolerable as they do not interfere with ' the communication lines or obscure the vision of railroad personnel. Shrubs and trees located along the outer limits of the ROW (usually 30 to 50 feet from the centerline of the roadbed) provide an aesthetically pleasing visual barrier between the ROW and nearby residential areas. However, this type of vegetation may pose a visual obstruction at roadway crossings. As mentioned in Section 4, Integrated Pest Management Techniques will be utilized to minimize ' the use of herbicides. 1 Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 9 7.0 METHODS OF VEGETATION MANAGEMENT Before implementing a vegetation control program, the Railroad will periodically re-evaluate problematic areas along the ROW, and select the vegetation control method(s)most suited to conditions encountered. Integrated Pest Management Techniques will be implemented. For areas where herbicides are deemed the suitable means of vegetation control, herbicide selection will be based upon its ability to control the undesirable vegetation present within the target area. The various vegetation control methods to be implemented along the Railroad's ROW are discussed in the following sections. i7.1 VEGETATION CONTROL TECHNIQUES Vegetation can be controlled along the ROW by herbicide applications and mechanical means. However, both techniques have their advantages and limitations depending upon where, when, and how they are implemented. The only available technology feasible for complete eradication of vegetation within the roadbed is through herbicide applications. Mowing or hand weeding around the track components would be an impractical, if not impossible task to accomplish successfully based upon the amount of time and manpower that would be required. Mowing would not remove the entire root system, resulting in regrowth of the plants in a short period of time. Herbicides are currently the most effective and practical means of obtaining total vegetation eradication within the roadbed. However, their use is restricted by weather conditions as well as by regulatory constraints that prohibit their use in certain designated sensitive areas (See Chapter 8.0). Vegetation below communication lines, along inside curves, and at road crossings,will be managed using a combination of herbicide and mechanical control methods. The methods selected will be dependent upon the degree of vegetation control needed, the class and species of vegetation (desirable vs. undesirable, see Chapter 6.0), and sensitive area restrictions that may apply to the target area(see Chapter 8.0). Specific methods of vegetation control to be implemented along the Railroads ROW are discussed in Section 7.2. 7.2 HERBICIDE APPLICATION EQUIPMENT AND METHODS 7.2.1 Hy-rail Equipment and Uses Hy-rail vehicles are trucks or utility vehicles that are equipped with roller wheels that lower onto the steel rails of the track allowing the vehicle to ride on the track. The by-rail equipment allows for performance of herbicide applications to the ROW from the railroad tracks thereby alleviating the need for traversing rough terrain. The spray truck is equipped with a water tank, and a separate herbicide mixing tank. In addition to the spray vehicle, a by-rail spotter vehicle, which is in radio contact with the applicator, will ride ahead of applicator to assist in the identification of sensitive areas. i t Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 10 Hy-rail vehicles are equipped with spray booms that have a series of spray nozzles that apply a low-pressure (30 to 60 pounds per square inch) spray of herbicide directly to the roadbed from a height of approximately 18 inches above the ballast. The boom is equipped with drip pans to prevent any drips from falling to the ground or, in the case of bridge crossings, to underlying wetlands,watercourses or roadways where herbicide treatment is not desired. The boom is also equipped with side spray guards that prevent drift of herbicide to non-target areas. The ' spray boom is controlled from within the cab of the spray vehicle. Multiple controls allow the applicator to direct the spray of herbicide to any portion of the roadbed, or to the entire surface area. For example, if weeds are present in the center of the roadbed, but the shoulder areas are free of vegetation, the applicator can selectively treat the center of the roadbed, thereby eliminating unnecessary herbicide application to the shoulders. The maximum width of the spray boom is variable depending upon the by-rail equipment used,but is generally between 16 and 20 feet. Some by-rail spray vehicles are also equipped with spray hoses and extended nozzles that can be used to apply herbicides, via low pressure spray, to vegetation growing around switches, signals, and sign posts. The by-rail equipment can also be affixed with extension booms capable of reaching drainage ditches and areas below communication lines. To further control drift of herbicide, anti-drift agents are added to the herbicide solution. All ' herbicide applications shall be conducted by a qualified certified applicator in the Commonwealth of Massachusetts. I7.2.2 Foliar Application Foliar application refers to the application of herbicides to the leaves and stem of plants using a low-pressure spray. Low-pressure spray equipment used by applicators is operated at pressures between 30 and 60 PSI. Proper application of herbicides by low-pressure spray equipment allows for complete coverage of the target vegetation and the reduction of overspray or airborne drift which can result from high-pressure spray equipment. High- pressure spray equipment is generally used for herbicide treatment to high branches of trees, or for reaching vegetation from a significant distance. Since high-pressure herbicide applications do not allow for selective treatment to the target vegetation, and do not allow for adequate control of herbicide drift, high-pressure herbicide application methods to the ROW will not be performed. The method of herbicide application to the roadbed as described in the previous subsection, is one method of foliar application performed as part of a post-emergent spray program. Selective foliar application may also be performed to control vegetation around signals, sign posts, switch boxes, or around buildings. As mentioned previously, all applications of herbicides shall be performed by a certified applicator with hose and sprayer either attached to the spray vehicle or small tank. 1 ' Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 11 This method may also be used for side trimming trees to eliminate nuisance branches without destroying the entire tree. Side trimming using herbicides shall not be performed to trees at heights greater than 20 feet, and will only be performed when the Railroad's Vegetation Control Engineer or contractor determines the method to be more suitable than alternative control methods, such as hand pruning. 7.2.3 Stump Treatment ' When mature trees are removed along the ROW, a stump treatment may be applied to the cut surface to prevent re-sprouting of the tree. The herbicide stump treatment can be "painted" onto the stump using a brush or applied by squirting the stump using a low-pressure spray. Trees to be removed shall be marked by personnel in the field prior to treatment. 7.3 MECHANICAL EQUIPMENT Mechanical means of vegetation control is implemented along the Railroad ROW when the use of herbicides is prohibited, or when a combination of mechanical cutting and herbicide applications is found to be the most suitable means of achieving total pest control. Throughout the term of this VMP, the railroad shall work to incorporate Integrated Pest Management practices. Examples of this may include the introduction of grasses or low growing shrubs to control undesirable vegetation under communication lines. Mechanical means of vegetation control will be limited to nuisance woody and brush species that are found to be interfering with railroad operations occurring in the areas adjacent to the roadbed. No mechanical means of vegetation control is feasible within the ballast area of the roadbed. ' Mechanical management of vegetation along the areas adjacent to the roadbed is most frequently and effectively performed by the use of high power mowing equipment. The mowing equipment is comprised of specialized cutting heads mounted on hydraulic arms ' which extend laterally, and are capable of reaching and pruning high branches or limbs which may obstruct communication wires, signals,bridges or trestles, the view of personnel, passing motorists, and pedestrians. Mowing equipment can also be mounted on all-terrain vehicles to allow for movement and access through areas beyond the reach of by-rail equipment. Mechanical means of vegetation control may also be performed using chain saws and other ' hand tools, as well as portable weed cutters,when the use of rotary mowing equipment is not practical, and/or when selective vegetative management is desired. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 12 It is important to note that mechanical cutting equipment may pose a threat of risk to the health and safety of the operators as well as bystanders, especially if used by inexperienced persons. Therefore, only qualified individuals will use mechanical cutting and pruning equipment. ' 7.4 WEED CONTROL AS A SECONDARY BENEFIT ' As part of the Integrated Pest Management, certain non-vegetation control activities may result in control or eradication of vegetation as a secondary benefit. Such activities may include periodic repair or replacement of rails, ties, or ballast. Scouring or retrenching drainage ditches will also eliminate weeds immediately adjacent to the roadbed and reduce the spreading of weeds via shoots, vines, or windblown seeds onto the roadbed. Trenching or other railroad maintenance activities other than herbicide applications may be subject to ' approval under Massachusetts Wetland Regulations, if performed in or within the regulated distance of a wetland. ' 7.5 SELECTION AND TIMING OF HERBICIDE APPLICATIONS Selection of herbicides to be used in a given season will be dependant upon the timing of the ' application, the location of the target area with regard to sensitive area boundaries, and the species of nuisance vegetation present within the ROW. An evaluation of vegetation density and species identification along the roadbed of the main lines and branches will be made either during the late summer or fall preceding the scheduled vegetation management season or during the early months of the growing season. Based upon the evaluation, the type of herbicide best suited for controlling observed nuisance vegetation will be selected. ' 7.5.1 Pre-Emergent Herbicide Program 1 The pre-emergent herbicide program involves the application of herbicides at the beginning of the growing season before weeds have emerged from the ground. The herbicide takes effect after the newly developed roots of seedlings absorb it. The pre-emergent program is restricted to highly problematic sections of the roadbed. Pre-emergent herbicides selected will be highly immobile and have moderate residual presence in the soil after application. Only those herbicides that are on the approved list for pre-emergent application shall be utilized. Problematic roadbed areas that are scheduled for treatment shall be inspected in the late summer or fall of the preceding year. The inspection shall estimate the density of the vegetation and identification of the target species. Herbicide selections shall be based on this inspection. The pre-emergent program will be scheduled for the spring. Herbicide application will not take place under frozen ground conditions. 1 Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 13 7.5.2 Post-Emergent Herbicide Program The post-emergent herbicide program involves the application of herbicides to the roadbed from a by-rail truck after the target vegetation has emerged from the ballast. A selective application to areas adjacent to the roadbed shall be manually applied by the licensed applicator using a hose and spray nozzle attached to the by-rail vehicle. Herbicides that are absorbed through the roots, stems, or leaves of the target vegetation may be used. The post- emergent program shall be performed after mid-May. No-post emergent herbicide applications shall occur after the end of the regional growing season. Ideally, the post- emergent program is most effective when performed within the time period from June through ' August, as most nuisance plant species have reached full emergence and can be readily targeted by the herbicide applicator. ' 7.6 TOUCH-UP APPLICATIONS Following a post-application survey of ROW conditions, it may be necessary to perform touch-up applications of herbicides to densely vegetated areas during the same growing season. No more than 10% of the initially identified target vegetation on the ROW in any municipality may be treated during a touch-up application and the total amount of herbicide in any year shall not exceed the limits specified on the label or the YOP (per 11.03 [8](C). ' Touch-up applications shall be performed using low pressure foliar or stem application methods. Touch-up applications will be performed within 12 months of initial treatment to a designated sensitive area. 1 1 Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 14 8.0 METHODS FOR IDENTIFICTION OF SENSITIVE AREAS AND CONTROL STRATEGIES PROPOSED FOR SENSITIVE AREAS 8.1 —REGULATORY DEFINITIONS OF SENSITIVE AREAS AND ' ASSOCIATED RESTRICTIONS The Massachusetts Pesticide Board Regulations 333 CMR 11.00, defines sensitive areas for the purpose of implementing a vegetation management program involving the application of herbicides as any area within the ROW, including but not limited to the following, in which public health, environmental or agricultural concerns warrant special protection to further minimize risk of unreasonable adverse effects: ' (a) within the primary recharge zone of a public drinking water supply well; (b) within 400 feet of any surface water used as a public water supply; (c) within 100 ft of any identified private drinking water supply well; ' (d) within 100 feet of any standing or flowing water; (e) within 100 feet of any wetland; (f) within 100 feet of any agricultural or inhabited area. ' The Massachusetts Pesticide Board Regulations establish restrictions pertaining to herbicide applications within designated sensitive area boundaries. The regulations further require the ' ROW owner to identify and delineate sensitive areas,which are not readily identifiable in the field, and to affix permanent markings to identify appropriate no spray and restricted spray setbacks. Those areas that are not considered to be readily identifiable in the field are (a) through(e) above. Agricultural and inhabited areas are generally readily visible from the ROW; therefore no permanent markings are required. It is important to note that"agricultural areas"includes, but is not limited to, actively grazed pastures, private gardens, animal pens ' and corrals, as well as active commercial food crop and non-food crop fields. Pursuant to 333 CMR 11.00,no herbicides shall be applied on or within 10 feet of standing or ' flowing surface water(other than surface water supplies), or within 10 feet of a wetland. Herbicides can be applied between 10 feet and 100 feet of the aforementioned areas provided that 12 months has elapsed between application. The herbicide must be applied selectively by ' low-pressure foliar techniques or stem application and the DAR must have approved the herbicide for use in sensitive areas. No herbicides shall be applied within 100 feet of any surface waters used as a public water supply, including tributary streams. Herbicides maybe applied between 100 and 400 feet of a surface water supply or its tributaries provided that the herbicides are applied selectively by ' low-pressure foliar techniques. The herbicide used must be approved by the DAR for use in sensitive areas and the application can only occur once every 24 months. 1 Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 15 No herbicides shall be applied within 400 feet of a public groundwater supply(Recharge Protection Zone 1). Herbicides may be applied within the primary recharge area of a public well (Zone II) provided that the herbicide is applied selectively by low-pressure foliar techniques. This herbicide must be approved by the DAR for use in sensitive areas and at least ' 24 months must have elapsed from the last application. No herbicide shall be applied within 100 feet of an agricultural or inhabited area unless the ' herbicide is approved for use in sensitive areas using low-pressure foliar techniques and a minimum of 12 months has lapsed since the last application. 8.2—IDENTIFICATION,DELINEATION AND MARKING OF SENSITIVE AREAS ' 8.2.1 —Wetlands. Waterbodies, and Watercourses ' The Massachusetts Wetlands Protection Act Regulation 310 CMR 10.02 (1) (a)-(e) define resource areas subject to protection under the act as ' (a) Any bank, the ocean any freshwater wetland, any estuary any coastal wetland, bordering any creek ' any beach, on any river any dune, any stream any flat, any pond any marsh, or any lake or any swamp (b) Land under any of the waterbodies listed above ' (c) Land subject to tidal action (d) Land subject to coastal storm flowage (e) Land subject to flooding ' For the purposes of managing the Railroad's ROW, (a) through(c) above shall be afforded the same degree of protection and considered sensitive areas under Rights of Way ' Management Regulations 333 CMR 11.00. The following are brief definitions of(a) through (c) above as defined in 310 CMR 10.00: (a) Bordering Vegetated Wetlands—are freshwater wetlands which border on creeks, rivers, streams,ponds and lakes. Types of freshwater wetlands include ' wet meadows, marshes, swamps, and bogs. (b) Land Under Waterbodies and Waterways—consists of the land beneath any creek, river, stream,pond or lake. ' (c) Land Subject to Tidal Action—means land subject to the periodic rise and fall of a coastal waterbody, including spring tides. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 16 Land subject to coastal storm flowage (d) and land subject to flooding (e) are not defined as ' wetlands under 333 CMR 11.02. Floodplains, or Bordering Land Subject to Flooding are defined as "an area with low, flat ' topography adjacent to and inundated by floodwater rising from creeks, rivers, streams,ponds or lakes. It extends from the banks of these waterways and waterbodies; where a bordering vegetated wetland occurs, it extends from said wetland". Floodplains may or may not meet the ' defining characteristic of a wetland and therefore may not be subject to the herbicide application restrictions established in 333 CMR 11.00; unless standing water is present at the time of herbicide application. Each year that a YOP is prepared a copy shall be sent to the Natural Heritage and Endangered Species Program (NHESP) for their review. Any recommendations made by NHESP with respect to avoidance, minimization, or mitigation of impacts to endangered, threatened, or special concern species will be incorporated into the program. ' For each community in which the Railroad ROW is scheduled for treatment with herbicides, the wetlands, watercourses, and waterbodies within 100 feet of the ROW were located in the field by wetland specialists. Wetland boundaries were determined as described in 310 CMR 10.00. The limits of the 10 foot no spray and the 100 foot"restricted application"buffer zones were measured and marked on the roadbed with a color-coded marking system approved by the DAR. This marking system will be discussed in section 8.3. The locations of these markings were drawn on a map of the ROWS,which is carried in both the spotter vehicle and the spray vehicle. Upon completion of the mapping a Request for Determination for approval of the wetland boundary was filed with each affected community. Determinations issued by the conservation commissions are valid for 5 years or the life of the VMP. ' 8.2.2—Public Water Supplies and Aquifer Recharge Areas . Public water supplies for each of the affected communities are identified on a yearly basis by reviewing Groundwater Protection Atlas Overlays and Resource Priority Maps available at the Massachusetts DEP regional offices. Public water supply information is also available from ' local health officials and water departments. Aquifer protection zone maps identify Zone II for public water supply wells. For those communities that have not delineated the Zone H recharge areas for their water supplies,the Zone II boundaries shall be considered the area within a one half mile radius of the well head. For each public water supply well identified within 400 feet of the ROW the well head was located in the field and a 400 ft. no spray zone was marked on the rail bed utilizing the approved color coded making system identified in section 8.3. ' Public surface water supplies and their tributaries identified within 400 feet of the ROW were located in the field, and the 100-foot no spray and 400-foot restricted spray zone marked on the rail bed. ' Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 17 The location of no spray and restricted spray areas are depicted on the ROW maps (scale 1"_ 100') showing the locations of sensitive areas. 8.2.3 —Private Water SuoDly Wells Pursuant to 333 CMR 11.00e, the DAR shall request the locations of private drinking water supplies located along the ROW from the Department of Environmental Management and ' local Boards of Health. The Railroads shall consult with the DAR with regard to private well locations and accordingly locate any registered private wells in the field. The railbed was marked in the field as described in section 8.3 and the location of these wells referenced on ROW maps indicating sensitive areas. 8.2.4—Sensitive Areas Readily Identifiable in the Field ' Sensitive areas readily identifiable in the field include agricultural areas and inhabited areas as described in Section 8.1. Due to their visibility,these areas are not depicted on the maps of ' sensitive areas. During herbicide application, a sensitive area spotter vehicle will proceed along the ROW in front of the spray vehicle and provide warning via radio of any upcoming t sensitive areas. The applicator shall abide by all spray restrictions established in 333 CMR I le and incorporated into this plan. 8.3—SENSITIVE AREA MARKING SYSTEM No spray areas are those in which herbicide spraying is prohibited. It includes track within 400 feet of a public water supply wellhead, 100 feet from a public surface water supply, a 50- foot radius around a private well, and 10 feet from the edge of standing or flowing water, or wetlands. ' Limited-spray areas are those in which spraying is restricted to one annual application of herbicides through low-pressure foliar techniques. This includes track between 10 and 100 feet from the edge of standing or flowing water, or wetlands, lengths of track within the primary recharge area around a public water supply wellhead, between 100-400 feet from the edge of a public surface water supply and between 50 and 100-foot radius around a private well. Spraying is restricted to one application every other year of a herbicide approved by the DAR through low-pressure foliar techniques for water supply areas. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 18 Non-sensitive areas, which are upland areas and/or lengths of track without proximate sensitive areas do not require specific precautions or herbicide restrictions. The limits of sensitive areas, no-spray areas, limited-spray areas and non-sensitive areas are marked in the field with permanent color-coded markers. These markers are reviewed yearly to insure visibility during spraying operations. Sensitive areas considered to be readily identifiable in the field(i.e. agricultural and inhabited areas) will not be marked. The markers ' will be one or any combination of the following: r • color-coded signs attached to posts. • color-coded signs attached to railroad ties. • color-coded painted rail sections. ' 8.3.1 Wetland,Watercourses and Waterbodies ' Yellow- Limits of No Spray Zone. Represents a point on the railroad tracks that is a minimum of 10 feet away from an area subject to protection under Massachusetts Wetlands Protection Act (MWPA) 310 CMR 10.02 (1) (a)-(e) (bordering vegetated wetlands, streams, ponds, etc.) Blue- Limits of Buffer Zone and Restricted Spray Zone. Represents a 100-foot buffer zone from a resource area. In restricted spray zones, only DAR recommended herbicides can be applied selectively by a low pressure (60 psi) foliar or stem application. ' White- Sensitive area warning maker. This color indicates that the applicator is either entering or leaving a restricted spray zone. For wetland areas, white markers are always adjacent to a blue tie. See Appendix C of this document for clarification. It should be noted that a blue and yellow plate on the outside of the tie represents a no spray zone on that side only. 8.3.2 Public and Private Water Supplies ' Red- Zone 11 or private well recharge zone or buffer zone of public surface water supply. This color indicates that the applicator is in an aquifer recharge zone or the buffer zone of a public surface water supply. In this zone only DAR recommended herbicides can be applied by low pressure foliar or stem applications, with a minimum of 24 months between applications. ' Yellow-Limits of No Spray Zone. Represents a point on the railroad tracks that is a minimum of 400 feet from public groundwater supply wellhead; 100 feet from surface water supplies; or 50 feet from a private drinking water well. White- Sensitive area warning marker. This color indicates that the applicator is either entering or leaving a restricted spray zone. 1 Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 19 See Appendix B of this document for clarification. For public and private water supply herbicide application, white and yellow markers are always adjacent to a red marker. Red ' zones can only be sprayed once every 24 months. 9.0—OPERATIONAL REQUIREMENTS OF APPLICATORS ' 9.1 —Licensing Requirements of Applicators ' No railroad personnel or contractor may apply or supervise the application of herbicides to the ROW unless they are certified by the DAR in the category of Rights-of-Way Pest Control, pursuant to Massachusetts Pesticide Board Regulations 333 CMR 11.00. ' 9.2 —Inspections and Record Keeping ' Several weeks prior to the application of herbicides the vegetation control engineer or other qualified personnel shall perform a review of the ROW in order to evaluate the need for herbicide treatment, and identify target vegetation. Conditions shall be noted on a form that asks for the following information: The date and time of the review and the person conducting the review, Location of the ROW, which includes the town the ROW is located in and the mile post where the vegetation is located. A description of the density of the vegetation within the problem area and identification of nuisance species. Type of herbicide previously applied and the date it was applied. General condition of the area where the nuisance vegetation occurs. ' All evaluation forms will be kept by the railroad and utilized in the development of the YOP. For each day of herbicide application, the applicator shall complete a daily field report which shall include as a minimum, the location of the areas sprayed, date of application, weather conditions, equipment used, herbicides, carriers, and adjuvents used, quantities used, people on site, and the starting and completion time. Sample copies of a typical field report and spray ' log are included in Appendix D, courtesy of Railroad Weed Control, Inc. of Westfield, Massachusetts. 9.3 —Conformance with Regulatory Notification Requirements The railroad shall comply with all regulatory requirements concerning notification to affected municipal agencies. At least twenty-one (21) days prior to commencing herbicide applications, the railroad, or its designated representative, shall submit written notification of Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 20 the intended spray program and application date, to the senior ranking town or city official ' (Mayor, Town Manager,First Selectman, or Board of Selectmen) and conservation commission of each municipality. Formal notification shall be made by registered mail (as per Chapter 85 of Act of 2000), and include the approximate date and time of application. A copy ' of the DAR approved YOP and Environmental Monitor notice will be sent under separate cover(via certified mail)to the senior ranking town or city official,board of health, and conservation commission. Notification may coincide with the last 21 days of the YOP review and comment period, provided that all changes to the YOP, as requested by the DAR are made and that each ' municipality receives the revised YOP and sensitive area maps prior to commencing with the spray program. In addition a public notice shall be printed in a widely circulated newspaper ' 48 hours prior to pesticide application. Appendix E includes reproduction of 333 CMR 11.00, Pesticide Board Regulation and applicable section of 310 CMR, Wetland Regulations pertaining to Rights-of-Way management. 9.4—Applicators' Compliance Guidelines ' Any applicators contracted to implement the herbicide management program to the ROW shall do so in accordance with all applicable state, federal, and local by-laws and will abide by the standards set forth in this plan and the YOP. The applicator will be thoroughly familiar with the contents of the VMP and YOP and shall cavy a copy of the VMP and YOP at all times while performing herbicide application on the ROW The herbicide applicator shall abide by the sensitive area restrictions set forth in 333 CMR 11.00. During herbicide application, a railroad spotter vehicle shall proceed ahead of the spray truck and alert the applicator of any upcoming sensitive areas. ' The herbicide applicator shall not handle, mix, or load herbicide concentrate on a ROW within 100 feet of any sensitive area. Water for mixing the herbicide maybe obtained, subject to local ordinances, from ponds, lakes, or streams adjacent to the ROW,provided that tanks and hoses are equipped with DEP approved anti-siphon devices to prevent backflow of herbicides into the water source. Hoses and pumps utilized for filling the dispensing tank with water ' shall not be used for any purpose that could result in contact of the equipment with the herbicide concentrate or solution. Herbicide concentrate shall only be added to the dispensing tank after the tank is filled with water, at a location at least 100 feet from any sensitive areas. No cleaning or rinsing of tanks, nozzles or other equipment shall be performed within 100 feet of a sensitive area. Rinse water or excess herbicide mixture shall be disposed at an approved waste disposal facility. Mixing and use of herbicides shall be consistent with the label instructions included on the packaging. Sample labels for herbicides and associated carriers and adjuvents shall be included as Appendices to each YOP. The herbicide applicator shall wear protective clothing and personal safety equipment when mixing,handling, loading or applying herbicides. Latex or nitrile rubber gloves as well as eye goggles should be worn during the mixing of herbicide ' concentrate. Vegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 21 10.0 EMERGENCY AND CONTINGENCY PLANNING AND RESPONSE The herbicide applicator is experienced in the containment, cleanup, and reporting of any herbicide spills or related accidents. Application crews must cant'with them at all times the ' following materials;a broom, shovel, heavy duty plastic bags, absorbent clay, activated charcoal, a suction system equipped with a hose adequate for picking up liquids, Material Safety Data Sheets and a list of emergency contact people and their phone numbers. In the event of a spill, the applicator shall contain the release, as well as possible using the equipment and materials previously mentioned. Soil berms will be dug if necessary to contain the flow of the release. Absorbent materials and the suction hose will be used to pick up the released materials. Although the containment of the release is the first priority of the application crew, notification of the release to the Massachusetts Department of Environmental ' Protection Emergency Response Unit may be required within two (2)hours of the occurrence. Notification is dependent on the type and quantity of material released (e.g. reportable release of non-herbicide). The YOP shall include a complete list of federal, state and local emergency contacts and telephone numbers. ' Most commercial application contractors have developed guidelines of emergency procedures that must be followed by the application crew in the event of a release or related emergency. The applicators spill response and cleanup guidelines will be appended to the YOP. ' In addition the Railroad has developed its own emergency response procedures to be followed in the event of any oil or hazardous materials release on Railroad property and ROW. A copy of this document is included in Appendix F and will be attached to each YOP. 1 tVegetation Management Plan January 2005 Springfield Terminal/Boston&Maine Railroad Page Number 22 11.0 ALTERNATIVE LAND USE PROVISIONS OR AGREEMENTS The Railroad will take into consideration any requests by state or local officials and private citizens concerning protection of areas not already protected under 333 CMR 11.00. Such requests may include provisions for additional no spray setbacks for certain sensitive areas, or avoidance of vegetation removal in areas adjacent to the roadbed where vegetation may provide an aesthetic barrier between the ROW and abutting residences. Other examples may include the avoidance of herbicide applications at heavily used crossings, or near parks and recreation areas. Any such requests will be considered on a case by case basis. The requesting party must provide to the railroad evidence that: • Herbicide applications or other means of vegetation control within the area of concern ' could reasonably jeopardize the welfare and/or safety of the public, or otherwise would create an unreasonable hardship to the concerned party. ' • The vegetative conditions in the area of concern do not significantly interfere with railroad operations or present a safety hazard to railroad personnel or to the general public. ' Any requests for special consideration should be made in writing and sent to: Boston and Maine Corporation Iron Horse Park North Billerica, Massachusetts 01862 Attention: Vegetation Control Department. 12.0 QUALIFICATIONS OF PERSONS DEVELOPING THE PLAN The Springfield Terminal Railway Company/Boston and Maine Corporation Vegetation Management Plan was prepared by environmental consultants Keith L. Morris and Michael F. Gragnolati of Leeds, Massachusetts and Windsor Locks, Connecticut. They were part of the I team that developed the previous VMPs that were approved on July 14, 1992 and June 1999. Since the approval of those VMPs, they have been responsible for the preparation and administration of the YOP for the Boston and Maine Corporation. The professional resumes of the above personnel are included as Appendix G. Railroad personnel Jesse Gawrys, Environmental and Project Manager, and Jeffrey Rose, Operations Engineer and Environmental Coordinator provided the operational methods that have been incorporated into this plan for the Boston and Maine Corporation. ' Herbicide handling, application, and record keeping requirements were provided by Railroad Weed Control of Westfield, Massachusetts. 1 APPENDIX A FIGURES Areo Adjocent Area Adjacent To Shoulder To Shoulder P od lied I I I I A I I I I I I I I I I I I I 1 I I l I I L P-4H©►I I I l C I I Communications I I Lines I I lin u I my i 0 y,mV 0 1 J I mLn I I I c, 1 I I I I I I I I Ballast I I I Imo_-- ►' I I 9 Ft 9 Ft 40 Feet 40 I-re,rl -- J Spray Pattern A = 18 Feet Figure I B = 6.5 Feet CROSS SECTION OF ROADBED C = 5 Feet N. T. S. I& ML WETLAND AREA A alL -ills .1k �JL Ju AU o � RESTRICTED ° RESTRICTED SPRAY ZONE �� Bio SPRAY ZONE �o NO SPRAY ZONE ter" NO SPRAY ZONE White Blue Yellow Yellow Blue White Tie Marker Key — Figure 2 Yellow = Limits of No Spray Zone SPRAY ZONES Blue = Limits of Buffer / Restricted Spray Zone N. T. S. White = Sensitive Area Warning Marker , = Wetland Area .tea 777 -7 /Municipal Well and/or Pumphouse � pO0 OO CD a Zone II Zone II Primary Recharge Area NO SPRAY ZONE Primary Recharge Area Red Yellow — NO SPRAY ZONE Yellow Red White White Figure 3 Tie Marker Key 400 FOOT SETBACK Yellow = limits of NO SPRAY Zone N. T S. Red = Limits of Aquifer Recharge Zone White = Sensitive Area Warning Marker magnum i ;♦ �. AQUIFER I I 1 Limits of Primary I Zone II Recharge Area j 1 1 I I I � i 1 I 1 1 I ' 1 1 Herbicide Application Restrictions: � i — 24 month time lapse between herbicide applications I — use of herbicides approved for sensitive areas t I 1 I 1 White j Red Red j White AQUIFER i I Figure 4 Tie Marker Key PRIMARY AQUIFER RECHARGE ZONE N. T. S. Red = Limits of Aquifer Recharge Zone White = Sensitive Area Warning Marker I ` Limits of ' Surface Water Supply j , � O N 300' Sensitive Area `0� 300' Sensitive Area Buffer Zone NO SPRAY ZONE Buffer Zone White Blue Yellow — NO SPRAY ZONE — Yellow Blue white Figure 5 Tie Marker Key _ 100 FOOT SETBACK Yellow = Limits of NO SPRAY Zone N. T. S. Blue = Limits of Buffer / Restricted Spray Zone ' White = Sensitive Area Warning Marker B y Wetland or �IIIL other Sensitive Area �L I WEN Y—Yellow-No spray zone between yellow 3 markings B—Blue-Restricted spray zone between blue markings NOiEE This scenario may allow for restricted appffcation to the road bed. provided that the road bad Is greater than 1011 from the wetland. SRINGFIELD TERMINAL R.R. Sensitive Area Marking BOSTON & MAINE R.R. for Areas Adjacent to the Road Bed Dlvisions of Guilford Transportation Inc. North Billerica, Massachusetts Flgure — 6 APPENDIX B REQUEST FOR DETERMINATION OF APPLICABILITY 1 o ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Cityrrovm WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important When filling out t Applicant: t forms on the computer, use only the tab key Name E-Mail Address to move your cursor-do not Mailing Address use the return key. City/Tom State Zip Code QPhone Number Fax Number(A applicable) 2. Representative ('If any): �i Finn Contact Name E-Mail Address Mailing Address CityfT) n State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the make the following determination(s). Check any that apply: Conservation Commission „' ❑ a. whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or maps) referenced below are accurately delineated. ❑ c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). r 02/OC Page t yr a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Detennination of Applicability crtylro Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Street Address cityrrovm . ' Assessors Map/Ptat Number ParoeVLot Number b. Area Description (use additional paper, if necessary): c. Plan and/or Map Reference(s): Title Date Title Date ' Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): ' +varoi*m aoc•rev 02100 Pag�2ofa ■ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands cdylroy WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper. if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ' ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ' ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ' ❑ District. county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) WParv,n,ooc-rer m_oo Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1 - Request for Determination of Applicability ceyrrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability ' and accompanying plans. documents. and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Appendix A)were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. ' Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. ' Name and address of the property owner: Name ' Mailing Address ' Cnyrrown State Zip Code ' Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense ' in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative(if any) Date 1 1 ' wp8lorm,m rev 02/00 Pte¢a pf a APPENDIX C ' OFFICIAL WETLAND BOUNDARY DETERMINATION 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information ' Important When filling out From: fors on the computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the ' return key. Name Name -Q Mailing Address Mailing Address City/Twm State Zip Code - c@yrrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Tile Date Trtle Date True Date ' 2. Date Request Filed: B. Determination ' Pursuant to the authority of M.G.L. c. 131. §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. ' Project Description (if applicable): ' Project Location: ' Street Address cityrrown Assessors Map/Plat Number Paroel/Lot Number ' wabrm2 ooc rev 12J1 SAO Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' B. Determination (cont.) ' The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of ' Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this 1 Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. t ' ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or atter that area. Therefore, said work requires the filing of a Notice of Intent ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will atter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality ' Pursuant to the following municipal wetland ordinance or bylaw: ' Name Ordinance or Bylaw Citation ' wpafp�.aoc•rev 12/15= Paye 2&5 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands ' WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.&L. c. 131, §40 ' B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following aftematives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within ' the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed ' at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act. but will ' not remove, fill. dredge, or after that area. Therefore, said work does not require the filing of a Notice of Intent. ' ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not after an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, ' unless and until said work alters an Area subject to protection under the Act. wPa(am2 Om•rev 12/15/M Page 3 o 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands ' WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work ' described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: ' Exempt Act"(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: ' Name of Muniapality Pursuant to a municipal wetlands ordinance or bylaw. ' Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ❑ by certified mail. return receipt requested on Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). --Signatures: 1 ' Date ' woaform2 am•rev 1Z15tM Page 4 a!5 Massachusetts Department of Environmental Protection — Bureau of Resource Protection - Wetlands ' WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office (see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Departrnent, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. 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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands ' Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. 1 1 ' wpalorm2 tloc•rev 12/t S00 Page 5 of 5 i APPENDIX D APPLICATORS' DAILY REPORT AND SPRAYING LOG 1 1 i 1 i KAILHUAU WttU UUN I ttUL, INU . DAILY FIELD REPORT JOB NO. TOAD DATE - 19—TRUCK/TRAIN NO. SHEET NO.—OF STATION MP TO STATION MP DIVISION SUBDIVISIONS LOCOMOTIVE NO. HEAD MILEAGE SC ROAD MILEAGE H. R. RAIL MILES H. R. • CHEMICAL RECEIVED TODAY CHEMICALS LEFT/FORWARDED TODAY turn GrNo. ChamlcJl o.Conla, LbflGJla. Ta Car No. Chem¢al o.LonlameH LpLG13 InChe3 =no's WEATHER wind V.locrty 6 9 12 7 6 T.mpoet.re 6 9 12 3 6 N W Wind DL.cti.n 6 ❑ 9 ❑ 12 ❑ 7 ❑ 6 [D Rein 6 9 IZ ] 6 (lr.dicm. by ora-, rind ..l.c.ly by mph, t.ngrerv.by'F.rain by inclr. of lime. .iu.e) ACRES SPRAYED DAILY SUMMARY Daily Beginning Ooomter Reading ING LINE Tim Reported to Work COMPANY PERSON ON JOB S Time Finished Work 1. BRANCH - Hwrs Spaying 1 2. GES Total Hwis Reported 7• DS List All Gra In Train e• •CROSSINGS RAILROAD PERSON ON JOB AL ACRES 1• ARKS 2. ]. e• DAILY SUMMARY CHEMICALS APPLIED • Name EPA Establishment No. Regiflrallon No. Concentrate:GaIsJtbs Rallote SokitionfACre Stale Applied In • MIXES ` Tank a Ust Each Chemical and Amoant Added to Tank If No. Water Water Watr r r_ISTRUCTIONS: Complete and attach to Railroad Emilia,« spr.yoil.rage ; ' Spray Log daily. Dare _ .. ... I&TIONS SPRAYED (List Yard Tracks by Name or No. & Main Line by Mile Post & Town) Sheet No. Pg. Of Trp. Solution Gal. Type Ch..nical Got. Trp• Ch.mice) Col. • _ MP' wR.m./k r; $Pray Plen, City. Vegetation, ion, p.r pu vee Piece hl.r.r R.edinq MilM.rer Reodinq Mile M.t.r R.odin9 Mil. Slate Linea. 'Weather. Etc. e It It it It1 iIlonoge figures shown on these sheets are unofficial and may not be some as shown on invoices,which are official measurements corrected for parature variation." RWC OFFIr.F a ' APPENDIX E PESTICIDE BOARD REGULATIONS 333 CMR 11.00 & MASSACHUSETTS WETLANDS PROTECTION REGULATIONS REGARDING RIGHTS-OF-WAY MANAGEMENT 333 CMR: PESTICIDE BOARD 333 CMR 11.00: RIGHTS OF WAY MANAGEMENT Section 11.01: Purpose 11.02: Definitions 1103: General Provisions 11.03: Sensitive Area Restrictions 11.05: Vegetation Management Plan(VMP) 11.06: .Yearly Operational Plan(YOP) 11.07: Public Notification 11.08: Notice of Modification and Revocation 11.09: Right-of-Appeal 11.10: Penalties 11.01' Pu=ce The purpose of 333 CMR 11.00 is to promote the implementation of Integrated Pest Management(IPM)Techniques and to establish those standards.requirements and procedures necessary to minimize the nsk of unreasonable adverse effects on human health and the em ironment associated with the use of herbicides to maintain rights-of-way and to establish a statewide and uniform regulatory process. 333 CMR 11.00 establishes procedures which guarantee ample opportunity for public and municipal agency review and input on rightof--way maintenance plans. I LU Definitions For the purpose of 333 CMR 11.00.the following definitions shall apply. Amicul rtal Area shall refer to.but not be limited to.actively cultivated gardens.greenhouses. orchards. fields. pastures. and other areas where herbicides might impact adversely on the aegetation under cultivation or agricultural management. r .M11=1.shall refer to any person representing federal.state or local governments or agencies. utilities.railroads•pipelines,that intend to maintain a right-of-way by the application of herbicide. ' Bad- shall refer to the coarse gravel or crushed rock onto which the ties. tracks and any switching.signaling and communication devices of a railroad are laid. Broadcast. shall refer to any non-selective herbicide application technique which results in application to all vegetation within a target area. lkparr ent shall refer to the Department of Food and Agriculture. Foliar Treatment. shall refer to any technique which applies herbicide to leaves of the target vegetation. ' Inhabited Area. shall refer to. but not be limited to residences. schools. hospitals. parks and recreational facilities or other areas in which humans generally live.work or gather. 1 ow�ure.shall refer to pressure under 60 psi. Mam.shall refer to maps which are of such accuracv and scale.as determined by the Department. to provide sufficient detail so that sensitive areas can be delineated or which show bench marks or other permanent structures located on the right-of-way which allow the delineation of sensitive areas. 1 ' S 1796 333 CMR-69 333 CMR: PESTiC10E BOARD 11.02: continued Person. shall refer to.but is not limited to.an individual.association.partnership.corporation, company, business organization. trust, estate. the Commonwealth or its political subdivision. administrative agencies,public or quasi-public corporation or body.or any other legal entity or its legal representarices.agent or assignee,or a group of persons. - Person ar,meved. shall refer to any person who. because of an act or failure to act by the Department may suffer an injury in fact which is different either in kind or magnitude from that suffered by the general public and which is within the scope of the interests identified in 333 CMR 11.00.Such person must specify in writing sufficient facts to allow the Department to determine whether or not the person is in fact aggrieved Priman�Rdg Area that land area delineated by Zone tl as defined in 310 CMR 24.06 or in such cases as when the primary recharge area has not been designated it shall be,in the interim. be defined as a one half mile radius from the public drinking water supply well unless otherwise determined by the Department of Environmental Protection. R phust-of-Way IROW). for the purpose of 333 CMR 11.00 shall refer to any roadway. or thoroughfare on which public passage is made and any corridor of land over which facilifies such as railroads.powerlines-pipelines.conduits.channels or communication lines are located. Selective Application-shall refer to the application of herbicide.in such a manner that the delivery to the target vegetation is optimized and delivery to non-target vegetation and the environment is minimized 'd Sens tineas shall refer to anv areas,within rights-of-way. including but not limited to the following, in which public health, environmental or agricultural concerns warrant special protection to further minimize risks of unreasonable adverse effects: (a) within the primary recharge area of a public drinking water supply well: '(b) within 400 feet of any surface water used as a public water supply: (c) within 100 feet of any idenfified private drinking water supply well: (d) within 100 feet of anv standing or Flowing water: (e) within 100 feet of anv wetland: (f) within 100 feet of any agricultural or inhabited area. Stmt Tre=enL shall refer to any technique inchiding sttmtp.basal,stem,injection.banding„frill. girdle and any other treatment which delivers herbicide at low pressure to the stump,base or stem of the target vegetation. ' Target Vegetationshall refer to any plant species which has the potential to interfere with the operation of the rights-of-way. Touch-up pI21 canon. shall refer to limited application of herbicides following an initial treatment.which is necessary to,achieve the desired vegetation control Ver,etation Management Plan NMP), shall refer to a long tens management plan for the applicant's right-of-way system which describes the Intended program for vegetation control over a five year period VMP AdvisoryPanel.shall refer to the Vegetation Management Plan Advisory Panel as set forth in 333 CMR 11.05(4). Yearly Operational Plan(YOP).shall refer to the yearly operational plan which describes the detailed vegetation management operation for the calendar vear consistent with the terms of the long term Vegetation Management Plan. 5 17% 333 CMR-70 333 CMR: PESTICIDE BOARD 11.03: continued Water SlU .shall refer to any raw or finished water source that is presently used-reserved for future use.or under investigation for future use by a public water system as defined in 310 CMR .. 22.02.or used as a source of private drinking water by one or more persons. This shall include all land and waters used as.or tributary to.a public water system except those exempted under 310 CMR 22.20. with the exception of land subject to flooding shall refer to areas subject to protection under M.G.L.c. 131.a 40 which include the following area;as defined in 310 CMR 10.0211 Nal Icl: lal An} bank. the ocean any freshwater wetland, any estuatti_� any coastal wetland. any creek any beach. bordering any mer an}'dune. on anx'stream anc flat. any pond any marsh. or any lake or any swamp Ibl Land under any of the water bodies listed above Icl Land subject to tidal action ' ILO:: General Provisions 111 No person shall use an herbicide for the purpose of clearing or maintaining a rightof--way unless appropriately certified by the Department or unless appropriately licensed by the Department and working under the on-site supervision of an appropriately certified applicator. 121 No person shall use an herbicide for the purpose of clearing or maintaining a rightof-way except in accordance with a Vegetation Management Plan IVMPI and a Yearly Operational Plan IYOPI as approved by the Department Such documents shall be available at the work site at all times during herbicide applications and be made available to the Department and municipal officials including the Conservation Commission and Board of Health upon reasonable request. 131 No person shall handle.mix or load an herbicide concentrate on a right-of-way within 100 ft.of a sensitive area. 131 The perimeter of any sensitive areas which are not readily identifiable on the ROW shall be appropriately marked prior to any herbicide applications. The precise method used in marking these areas shall be identified in the VNIP. UI No foliar application of herbicides shall be used to control vegetation greater than 12 ft. in height except for side trimming. 161 No herbicide shall be applied when the wind velociry is such that there is a high propensity to drift off target andor during measurable precipitation. 171 No person shall apply herbicides by aircraft for the purpose of clearing or maintaining a rightof-wa}'. 181 No touch-up applications shall be carried out except under the following conditions: (a) Touch-up applications mus occur within 12 months of the date of approval of the YOP. Ibl The Department.the Conservation Commission.the Board of Health.and Chief elected official of the municipalinshall be notified by certified mail at least 21 days prior to any application. i 1796 333 CMR- 71 333 CMR: PESTICIDE BOARD 11.03: continued Ic) No more than 10% of the initially identified target vegetation on the applicant's right-of-way in any municipalityamount of may be treated and the total amouof herbicide applied in any one year shall not exceed the limits specified by the label or Pearly Operational Plan. (d) The Department may impose such additional restrictions or conditions on the use of herbicides as it deems necessary to protect public health and the environment. (9) The Department will maintain mailing lists of individuals and groups desiring to obtain notices on various aspects of the Program. 1 11.01: Sencitiy Area Restri tions Ill )General (a) No rare than the minimum labelled rate of the pesticide product for the appropriate site. pest.and application method shall be applied (b) Herbicides applied in sensitive areas shall be applied selectively by low pressure foliar techniques or stem application- (c) pplication(c) No person shall apply herbicides for the purpose of clearing or maintaining a right-of-way in such a manner that results in drift to any area within ten feet of standing or flowing water in a wetland or area within 400 feet of a public drinking water supply well:or area within 100 feet of any surface water used as a public water supply:or area within 50 feet of a prate drinking water supply identified in accordance with 333 CMR 11.0112 Ne N3). (d) The Department.in cooperation with the Department of Environmental Protection,and subject to a Memorandum of Understanding will evaluate herbicides currently registered for use on rightsof-way and will distribute a list of herbicides recommended for use in sensitive areas and guidelines for their use. The Memorandum of Understanding will set forth a procedure for this evaluation based on all available data relative to environmental fate and 1 toxicity. Such list.guidelines and procedures will be subject to review and comment by the Department of Public Health provided that such comments are provided to the Department within a reasonable time. The Department, on August 15 of the calendar year. will make _ available the list and guidelines to applicants and to the \TIP Advisory Committee. I Applicants proposing to use an herbicide which has been registered for use on rightsof-way but has not yet been evaluated pursuant to the provisions of the Memorandum of Undetsmnding may request that such herbicides be evaluated pursuant to said provisions. For an herbicide which has been evaluated pursuant to the provisions of the Memorandum of Understanding.applicants proposing to use such herbicide in a manner inconsistent with the terms and conditions of use imposed in the guidelines may request a modification or waiver of such terms or conditions. A request for such modification or waiver shall provide a derailed rationale for use.including all relevant data including but not limited to environmental I fare.efficacy and human health effects of the proposed herbicide. Such herbicides and or uses shall be subject to the evaluation standards adopted by the Departments of Food and Agriculture and Environmental Protection in the Memorandum of Understanding. Commentary Applicants subject to the provisions of the Wetlands Protection Act. who wish to apply pesticides registered for use in Massachusetts to rights-of-way. may choose to apply herbicides determined to be suitable for use in sensitive areas to accordance with the provisions of the Memorandum of Understanding mentioned above or, altemativeiv. applicants may proceed pursuant to the provisions of 310 CMR 10.00 as authorized by M.G.L.c. 131. §40. 5.1796 333 CMR-77 333 CMR: PESTICIDE BOARD 11.04: continued (e) The Department mac impose such additional restrictions or conditions on the use of herbicides within or adjacent to sensitn a areas as it determines necessary to protect human health or the emironrnent.Such changes may be proposed by a municipal agency or indisidual during the public comment period. (2) Water$SWC la) Public Ground Water S moues I. No herbicides shall be applied Within 400 feet of any public ground water supply well. 2 No herbicides shall be applied within the primary recharge area of a public ground water supply well except under the following conditions: a. A minimum of 24 months shall elapse between applications:and b. Herbicides shall be applied selectively by stem application or low pressure foliar techniques. (b) Liblic Surface Water Supplies 1. No herbicide shall be applied within 100 feet of any surface water used as a public water supply. _ 2. No herbicide shall be applied between 100 feet and 400 feet of any surface water used as a public water supply except under the following conditions: a. A minimum of 24 months shall elapse between applications:and b. Herbicides shall be applied selectively by low pressure foliar techniques or stem application. (c) Private Drink ru,Water SuMlies 1. No herbicide shall be applied on or within 50 feet of any private drinking water supply identified in accordance with 333 CMR 11.04421lr:0). 2 No herbicide shall be applied between 50 feet and 100 feet of any private drinking water supply identified in accordance with 333 CMR I1.0412XcX3)except under the following conditions: a. A minimum of 24 months shall elapse between applications:and b. Herbicides shall be applied selectively by low pressure foliar techniques or stem application. 3. It shall be the responsibility of the applicant to adhere to the sensitise area restrictions around identified pmate wells. The applicant shall consult with the Department to identify timate wells that are located within 100 feet of the rights-cif-way. The Department shall request the location of private wells along the right-of-way from the Department of Emironmental Management and local Boards of Health. Wells identified to be widun 100 feet shall be kept on file by the applicant for delineation on the maps to the YOP and be listed in the YOP. The VMP most include the method of locating identified private wells in the field prior to the application of herbicides. (3) Surface Waters (a) No herbicide shall be applied on or within ten feet of any standing or flowing surface water which is nota public water supph. \o herbicides shall be applied between ten feet and 100 feet of any standing or flowing surface water which is not a public water supply except under the following conditions: 1. A minimum of 12 months shall elapse between application:and 2. Herbicides shall be applied selectively by low pressure foliar techniques or stem application. (4) W'etl n s lal No herbicide shall be applied on or within ten feet of a wz[land (b) No herbicide shall be applied between ten feet and 100 feet of a wetland except under the following conditions: 1. A minimum of 12 months shall elapse between applications:and 2 Herbicides shall be applied selectnely by low pressure foliar techniques or stem application. 5'17'96 333 CMR- 73 333 CMR: PESTICIDE BOARD 11.64: continued (c) Notwithstanding 333 CMR 11.6414Na).public utilities prodding electric.gas. water. telephone.telegraph and other telecommunication sen ices may apply herbicides on or within ten feet of a wetland in accordance with the following conditions: 1. Submission of a study. the design of which is subject to prior approval by the Departments of Food and Agriculture and Environmental Protection.evaluating impacts of proposed vegetation management programs on wetlands:and 2. A finding by the Department.after consultation with the Advisory Commirtee.that the proposed vegetation management program will result in less impacts to the wetland than mechanical control. 3. Notwithstanding the above.no herbicides shall be applied on or within ten feet of am' standing or flowing water in a wetland. (S) Inhabited and Asrncultural Areas (a) No high pressure foliar herbicide applications shall be carried out within 100 feet of anv inhabited area or any agricultural area during the growing season. (b) No foliar herbicide shall be applied within 100 feet of any inhabited area or any agricultural area during the growing season except under the following conditions: 1. A minimum of 12 months shall elapse between applications:and 2. Herbicides shall be applied selectively by low pressure foliar techniques or stem application. 11 0i Vegetation Management Plan(VMPI (1) General. la) Unless otherwise specified by the Department. all VMPs should be submitted by the applicant no later than September I prior to the calendar year of the proposed first year of maintenance. All approved VMPs shall take effect on January 1 unless otherwise specified by the Department.and shall be effective for a five year period unless otherwise modified or revoked by the Deparnnem. (b) The VW shall be presented on forms and,or format approved by the Department. 121The VMP shall include but not be limited to the following: Rea rrm n .c g (a) General statement of goals and objectives of the VMP. (b) Identification of target vegetation. (c) Intended methods of vegetation management and rationale for use.including vegetation control techniques.equipment proposed for use and timing of applications and alternative control procedures. (d) Justification of herbicide applications proposed (e) Methods.references and sources for identifying sensitive areas and control strategies proposed for sensitive areas. (f) Operational guidelines for applicators relative to herbicide use. (g) Identification and qualifications of individuals developing and submitting a plan. (h) A description of Intetmated Pest Management Programs or other techniquesprograms to minimize the amount and frequency of herbicide application. Ii 1 Description of alternative land use provisions or agreements that may be established with individuals.state. federal or municipal agencies that would minimize the need for herbicide. including the rationale for accepting or denying any reasonable request made by any individual. 0) Remedial plan to address spills and related accidents. !I 13) Public Notice. Review nd Comment. (a) Upon receipt of the proposed NMP.the Department shall schedule and hold appropriate ' regional public hearings affording all interested pames the opportunity to comment on the proposed plan. (b) At least 21 days prior to the public hearings.the Department shall publish notice of the hearings in the Err ironmenral Monitor and regionally located newspapers.and send notice to municipalities covered by the plan and to the appropriate mailing list. The notice will include locations where copies of the VMP can be reviewed. 5,17'96 333 CMR- 74 1 333 CMR: PESTICIDE BOARD ' 11.05: continued (c) The public shall have no less than JS days.starting from publication of the Environmental Monitor notice. to comment upon proposed `,MPs. unless the Department extends the comment period for good cause. (d) At least 21 days prior to the end of the public comment period the applicant shall send a copy of the proposed VMP to the chief elected official. the Board of Health and the Consenation Commission to affected communities upon their request. (3) VNIP Advisor Panel (a) There shall be a VMP Advisory Panel charged with the responsibility of reviewing Vegetation Management Plans and the accompanying public comments. The Panel shall recommend approval.denial or modification to the Department. (b) The Panel shall consist of the Commissioners) or designees of the following Departments: Department of Food and Agriculture.non-voting Department of Environmental Protection Department of Public Health Department of Public works and Division of Fisheries and R"ildlife.Natural Heritage Program a representative appointed by the Commissioner of DFA from each of the following groups: Massachusetts Association of Conservation Commissions: Massachusetts Association of Health Boards: University of Massachusetts Extension Senice: railroads: utilities: applicator:and an environmentalist A member shall be appointed for a tern of one.two or three years.Appointed members shall serve at the discretion of the Commissioner.No member shall serve more than six consecutive years. .Appointed panel members shall serve without compensation and shall not be reimbursed for any expenses incurred by them in the performance of their duties. The Commissioner of the Department or designee shall sene as an ex officio non-noting member to the VMP Advisors Panel. (c) The Department of Food and Agriculture's Representative shall chair the VMP Advisory Panel.This chairperson shall coordinate efforts of the Department and the Panel to process the VMPs. (d) The VNIP Advisory Panel shall conduct business in accordance with the time.place and procedures agreed upon. (e) The VMP Advisory Panel shall review all complete `v MPs including all written and public hearing comments.The Ad%ison Panel may,if necessary,request from the applicant additional information.within 30 days of the end of the comment and review period unless extended for good cause,the VMP Ad%isory Panel shall recommend to the Department to writing approval denial or modification of each VMP. (S) Disposition of NMP. (a) 30 copies of the proposed VMP shall be submitted to the Department.The Department shall distribute copies of the proposed iW to each member of the Advisory Panel. (b) within 30 days of the end of the public cornrnent period unless extended for good cause. the INiP Advisor Panel shall review the VMPs and recommend in wasting to the Department approval.denial or modification of each VMP: if necessary.the Panel may request from the applicant additional information. j ' (c) within 21 days of the end of the VMP Advisor Panel review period unless extended by the Department for good cause.the Department will notify the applicant and the Advisor Panel in writing one of the following: 1. request for additional information or modification:or 2. denial of SMP:or 3. approval of VMP. ' 5 17.96 333 CMR-75 333 CMR: PESTICIDE BOARD ' 11.05: continued (d) The\TIP may be modified.withdrawn or amended by the applicant through a written request sent by certified mail to the Department. (e) Resubmission of a denied VMP.updating of a VMP.or a significant amendment to an approved VMP shall be processed according to 333 CMR 11.05 (f) The applicant must send a copy of the approved VMP to the chief elected official.Board of Health.and Conservation Commission in each municipaliry covered by the plan. (6) Time for Action. Non action on a Vegetation Management Plan within time specified herein does not constitute approval of the submitted plan.In the event that the Department fails to notify the applicant of a decision within the time specified above and upon written request from the applicant the Commissioner must issue a finding within ten days of receipt stating the reason for the delay and providing an estimated completion date. 11.D6: YearlyQperational Plan(YOP) (1) General. (a) The applicant is responsible for the accuracy and completeness of all information submitted with the YOP.The YOP shall be consistent with the objectives of the VMP and shall describe the intended operational program for that calendar year. (b) The YOP shall be presented on forms andor format approved by the Department. (2) Requirements. The YOP shall include but not be limited to the following: (a) Maps locating the ROW and Sensitive areas not readily identifiable in the field. (b) Herbicides proposed including application rates.carriers.adjuvants. (c) Herbicide application techniques and altematne control procedures proposed. (d) The company which will perform any herbicide treatment. (e) Identification of target vegetation. (I) Individual representing applicant supervising YOP. (g) Flagging methods to designate sensitive areas on the ROW. (h) Herbicide Fact Sheets as approved by the Department. ' (i) Procedures and locations for handling.miring and loading of herbicide concentrates. (3) Public Notice.Review and Comment. (a) upon submittal of the YOP for appmval.the Department will publish a notice in the ' Environmental Monitor.Said notice shall be provided by the applicant and shall include the information on the municipalities through which the rights-of-way pass.a brief description of the intended program.and the procedure for public review and comment.The Department will distribute copies of the Environmental Monitor notice to the appropriate mailing list and ' the applicant. (b) The applicant shall provide by certified mail under separate cover to the Board of Health. Conservation Commission and chief elected municipal official a copy of the proposed YOP and the Environmental Monitor notice for the city or town in which the herbicide treatment is proposed. The applicant shall maintain copies of the packet sent to municipalities and certified mail receipts as part of the recordkeeping requirements.333 CMR 10.15. (c) The Department shall allow a 45 day comment period on proposed YOPs. unless extended for good cause.commencing with the publication of the nonce in the Environmental Monitor and receipt of the proposed YOP and Environmental Monitor notice by each municipality. (d) The Department may approve.deny or modify YOPs afier the 45 day comment period ' has expired (4) Di'position of YOP. ' (a) The YOP shall be submitted by the applicant to the Department at least 90 days prior to the proposed commencement of application to allow completion of the comment period and review. (b) The Department shall review the YOP to ensure that the YOP is consistent with the approved VMP. Any inconsistencies or deficiencies will be noted by the Department and returned to the applicant. 5 17%96 333 CMR-76 333 CbIR: PESTICIDE BOARD _ 11.06: continued ' (c) Where practical. the Department shall approve or den% the YOP within 90 dans of receipt. The Department will provide notice of the decision to the applicant. municipal agencies and commentators in writing. (d) The approved YOP in conjunction with the VMP shall govem the application of herbicide for a period not to exceed 12 months in accordance with other laws and regulations of the State and Federal go%emments and impose such conditions as necessary to minimize the risk of adverse effects on human health and the environment. (5) Time for Action. Non action on a Yearly Operational Plan within the time specified herein does not constitute constructive approval of the submitted plan. In the event that the Department fails to notify the applicant of a decision within the time specified above and upon a written ' request from the applicant the Commissioner must issue a finding within ten days of receipt staring the reason for the delay and providing an estimated completion date. 11.07, Public Notification The applicant shall provide by certified mail under separate co%er.at least 21 days in advance of the application of herbicide to the right-of-way.a notice to the Department and to the Mavor. City Manager or Chairman of the Board of Selectman.the Board of Health.and the Consen ation ' Commission in the municipality where the right-of-way lies.The notice shall include but not be limited to the approximate date on which such spraying shall occur.provided however,that said spraying shall not conclude more than ten days after said approximate date:a copy of a DFA approved Herbicide Fact Sheet on the active ingredient(s)of the herbicide(s)used;the name and address of contractor who will make the application or the name of the certified employee who will make the application. This notice may run concurrently with the public notice and comment period in 333 CMR 11.06(3)provided the application is made after the close of the public notice and comment period and all modifications to the YOP are made before the application takes place and approval is granted by the Department. 11.08: Notice of Modification and R % ation (1) The Department may suspend approval of any VMP or YOP. be written notice to the applicant and applicator, halting the application of herbicide to that right-of-way of the above mentioned YOP. After 21 days if the applicant does not request a hearing.the Department map revoke or modiN the and YOP.if it finds: (a) that the terms,conditions of restrictions thereof.are being violated or are inadequate to avoid unreasonable adverse effects on the environment or on human health:or 1 (b) that the applicant has made a false or misleading statement in the VMP or YOP:or (c) that the applicant has violated any provision of the Massachusetts Pesticide Control Act or FIFRA.or any regulations.standards.orders or license issued under either. (2) Upon notice of revocation or modification.the applicant may modify the YOP by written request to the Department. Applications to modifv the YOP shall be submitted in the manner set forth in 333 CMR 11.06 and disposed of in the manner set forth in 333 CMR 11.06. The ' Department may wai%e all or part of the requirement if it determines that the proposed changes do not significantly change the terms of the approved YOP. 11.09: Rightsof_Anneal Any person aggrie%ed by the decision of the Department to appro%e.deny.modify or revoke a Vegetation Management Plan or a Yearly Operational Plan ma} request an adjudicatory hearing. The request for a hearing most be sent to the Department by Certified mail or hand delivered within 21 days after the date of decision or notice be the Department. At the same time the request for a hearing most be sent by Certified mail or hand delivered to the applicant and the Pesticide Board The request should state clearly and concisely the facts of the proceeding.the ' reasons the decision is alleged to be inconsistent with 333 CMR 11.00 and the relief sought by the adjudicator.hearing.The adjudicatory hearing before the Pesticide Board shall be conducted as set forth in M.G.L.c. 30A and M.G.L.c. 1326.@ 13. ' 5'17'96 333 CMR- 77 333 CMR: PESTICIDE BOARD ' I LI I J�lties ' Anv person who violates any provision of 333 CM1IR 11.00 shall be subject to the criminal and civil penalties set forth in M.G.L.c. 132B. 3 14. REGULATORY AUTHORITY 333 CMR 11.00: M.G.L. c. 132B. 1 1 1 1 1796 333 CbtR- 79 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION PREFACE TO WETLANDS REGULATIONS RFI ATIVE TO RIGHTS OF WAY MANAGFMFNT 1987 REGULATORY REVISION In 1983,the Massachusetts Pesticide Control Act,M.G.L.c. 132B,was amended to require notification of conservation commissions prior to application of herbicides on rights of way. Many conunissions became aware for the first time that application of herbicides on rights of ' way may result in alteration of wetlands and,with the exception of exempt utilities,may require action under the M.G.L.a 131, §40. On July 18, 1986,the Department issued a final derision after adjudicatory hearing in DEP Hearing Docket Nos. 83-28 and 83-35(Clinton and Leverett) finding that the application of specific herbicides by the railroads to track and ballast within 100 ' feet ofwGland areas would alter those wetlands and was therefore subject to jurisdiction under M.G.L. c. 131, § 40, requiring the filing of Notices of Intent with the local conservation commissions. The Department of Food and Agriculture(DFA)initiated a Generic Environmental Impact Report(GEM)evaluating alternatives for rights of way management. A technical advisory task force of environmentalists, agencies and rights of way managers assisted in the GEIR ' preparation and,based on results of the study,recommended to the Secretary of Environmental Affairs a framework for a coherent state-wide rights of way regulatory program. DFA published draft regulations to implement this program in 1986 and received extensive public commentary. Final regulations,333 CMR 11.00,became effective on July 10, 1987. The DFA regulations require persons proposing to apply herbicides to rights of way to first receive approval of a five year Vegetation Management Plan(VMP)and Yearly Operating Plan (YOP). These regulations identify certain"sensitive areas",including wetlands and public and _ private surface and groundwater supplies, where the application of herbicides is, in most instances, prohibited, and areas adjacent to the sensitive areas where use of herbicides is curtailed. DEP worked closely with DFA to include provisions which give maximum protection for water supplies and provide protection for wetlands at least equal to that provided under the M.G.L.c 131,§40 and 310 CMR 10.00. To eliminate duplicate review under M.G.L. a 131, §40,DEP has adopted changes to the wetlands regulations which allow herbicide applications on rights ofway in accordance with the DFA regulations without filing a Notice of Intent under the M.G.L.c. 131,§40. However,non-exempt applicants will sell be required to file a Request for Determination of Applicability to the appropriate conservation commission to establish ' boundaries ofwetlands on or near the right of way. Specifically,these regulations presume that work performed in accordance with a VMP and YOP, as may be required under DFA regulations,will not alter an area subject to protection under M.G.I..c. 131,§40. During the public comment period on its proposed regulations, the Department identified several issues of major concern After consideration of all comments, the Department has determined that, except for minor points of clarification and the addition of an automatic expiration date,no further changes in the regulations are warranted at this time. A discussion ' of these issues follows. A Pretiurrintien vs Limited Project. Several commentators suggested that conservation commissions should retain the authority to review each herbicide application on rights of way through the usual Notice of Intent process. These regulations create a presumption that herbicide application carried out in accordance with an approved VMP and YOP under the DFA regulations will not alter wetlands and that the filing of a Notice of Intent is therefore not t required: This procedure was established pursuant to the recommendation of the GEIR task force which states: 10/3/97 (Effective 10/6/97) - 310 CMR-450 ' 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION _ 10.00: continued The regulations which provide for approval of Vegetation Management Plans by.the Department of Food and Agriculture should be conditioned on review and approval by the Department of Environmental Protection(DEP) of those portions of the Plans that deal with wetlands. The ' DEP should be required to certify to the DFA that these portions of the Plans will result in compliance with the substantive and procedural provisions which protect the interests of the M.G.L. c. 131,§40. If the regulations are so drawn,activities under a Plan approved by DEP ' would not constitute an alteration of wetlands as defined under 310 CMR 10.00. Since the DFA regulations provide that DEP is a member of the VMP advisory panel which reviews and makes recommendations on the approval of VMPs, the GEIR task force ' recommendations have been fully implemented. Therefore,the Department has determined that it would be duplicative to require the filing of individual Notices of Intent in each municipality for each application of herbicides to rights of way. ' B. Adequacy of Setback from Wetlands. The DFA rights of way regulations prolubit application of herbicides on or within ten feet of wetlands and strictly limit herbicide application from ten feet to 100 feet of wetlands. Many commentators questioned the adequacy of these setback requirements and suggested that a 50 or 100 foot no spray zone would be more appropriate. Several commentators suggested that the proposed setback requirements were inconsistent with the Department's adjudicatory hearing decision in the Clinton and Leverett cases. The no spray zone surrounding wetlands is necessary for three reasons: to compensate for mapping errors,to compensate for applicator errors and to assure that herbicides will not migrate into wetlands after application on the adjacent uplands. During the public comment period,the ' Department received no evidence demonstrating that the ten-foot setback established in the DFA regulations will not be adequate. The DFA regulations establish a procedure for selecting a limited number of herbicides that may be applied in the limited spray zone(from 10 to 100 feet from wetlands)which is adjacent to the no spray zone. Herbicides that will be selected for use in these limited spray zones under the DFA regulations are those which available data demonstrate will not migrate further than ten feet. The applicators have argued that they can maintain a level of accureey in mapping of ' wethmds and in application of herbicides to assure that herbicides will not be inadvertently applied within ten feet of wetland areas. The Department is not convinced that these claims are unreasonable;however,in order to confirm their accuracy;the Department has included in the final regulations an automatic expiration date two years from the effective date, which is ' coterminous with the expiration date of the DFA regulations. During the two-year effective period of these regulations,the Department expects applicators to conduct studies monitoring herbicide application operations and to submit a report concerning impacts of herbicide ' application on wetlands under these new regulations detailing the accuracy of wetlands mapping, the accuracy of herbicide application,and the extern of herbicide migration. The results of this study wig provide a basis for recommendations by the Department for amendments to the DFA regulations and a decision on reauthorization of these amendments to the Departments wetland ' regulations. Finally, the Department does not find the setbacks requirements established in the DFA regulations to be inconsistent with its decision in the Clinton and Leverett cases. In that ' derision,the Department assumed a worst-case analysis in terms of an herbicide known to be highly mobile which was applied to the track and ballast area adjacent to wetlands. The Department found, based on the particular facts of these cases and the particular herbicide ' proposed for application that there would be a migration of that herbicide into the wetlands from application within the 100-foot buffer zone that would be sufficiently concentrated to cause alterations of the wetlands plants However,the DFA rights of way management regulations set up a procedure for identification of herbicides which are relatively immobile and which are preapproved for applicatior on the buffer zone in order to avoid alteration of wetlands plants. Furthermore, guidelines for application of the selected herbicides will also be established. Finally,no herbicides may be applied within ten feet of ' 10/3/97 (Effective 10/6/97) - 310 CMR-451 ' 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.00: continued ' wetland areas. In light of the strict controls placed on application of herbicides within the 100-foot buffer zone under the DFA regulations, the Department finds that adoptions of the proposed regulatory scheme is fully consistent with its previous adjudicatory hearing decision ' in the Clinton and Leverett cases. C. Impacts of Herbicides Application on Wildlefe Habitat. The Department is currently developing regulations under M.G.L. c. 131, §40 to protect wildlife habitat, The effective date ' of these regulations is November 1, 1987. One commentator expressed concent regarding the impact of herbicide application on wildlife habitat in wetlands,and particularly on the habitat of rare,"state-fisted"wildlife species. As discussed above,the Department has determined that ' the DFA regulations provide for protection of wetlands from alterations due to herbicide application. However, the OFA regulations do not include floodplain in their definition of wetlands, although those regulation do prohibit herbicide application within 10 feet of any standing or flowing surface water. Beyond that, there is no specific protection of wildlife habitat,including rare species,in floodplain areas. The Department is concerned that the DFA regulation do not specifically address protection of wildlife habitat in floodplain, in particular those rare, "state-fisted" wildlife species. ' Therefore, as a member of the VMP advisory panel, the Department will review VMPs for potential effect on wildlife habitat and specifically will recommend disapproval of any VMP that will have an adverse effect in areas mapped by the Natural Heritage and Endangered Species Program as habitat of airy rare, "state-listed" wildlife species. Furthermore, the Department expects applicators to incorporate into the previously discussed two-year monitoring study a, section detailing the effects of herbicide application on wildlife habitat in floodplain and on the habitat of rare,"state-listed"wildlife species. The Department will use the results of this study ' as the basis for recommending any amendments to the DFA regulation and a decision on reauthorization of these amendments to the Department's wetlands regulation. ' 10/3/97 (Effective 10/6/97) 310 CMR-452 ' APPENDIX F ' EMERGENCY SPILL RESPONSE PLAN 1 ' BOSTON AND MAINE CORPORATION MAINE CENTRAL RAILROAD COMPANY ' PORTLAND TERMINAL COMPANY SPRINGFIELD TERMINAL RAILWAY COMPANY ' PROCEDURE .MANUAL FOR REPORTING OF A RELEASE OR THREAT OF RELEASE OF OIL OR HAZARDOUS SUBSTANCES SECTION III ' Original - March 1989 IN MASSACHUSETTS Revised - September 1990 LSP-ERM May 1991 John Drobinski July 1992 (W) (617) 267-8377 February 1994 (H) (978) 443-3526 August 1994 (BPR) (617) 719-5866 January 1995 December 1996 February 1997 ' July 1998 December 2002 1 PROCEDURES TO BE FOLLOWED IN THE EVENT OF A RELEASE/THREAT OF RELEASE OF OIL OR HAZARDOUS MATERIAL OR POLLUTING DISCHARGE BY ' THE SPRINGFIELD TERMINAL RAILWAY COMPANY/BOSTON AND MAINE CORPORATION OR OTHERS ON SPRINGFIELD TERMINAL RAILWAY COMPANY/ BOSTON AND MAINE CORPORATION AND OWNED PROPERTY. ' 1. Immediately: Notify the Asst. Superintendent of Operations in No. Billerica by calling: (978) 663-9317 / 9318 or (800) 955-9208 . REPORT ' a. The location of the release/threat of release. b. The correct shipping name with STCC Code if Hazardous Material. C. Petroleum products, although not considered by DOT to be hazardous material, must also be reported. d. If a release occurred, the quantity of spill by best ' estimate. e. Approximate distance to nearest stream body of water or swamp. f. Can released material reach such stream, body of water or swamp? g. If release/threat of release is associated with train derailment, give the following data also: 1 . Car number of all cars involved in derailment containing hazardous materials or petroleum products. 2 . Correct shipping name with STCC Code for all hazardous material cars involved in derailment and their status (leaking or not leaking) . 3 . Give quantities as best can estimate of various items released. ' 4 . Give numbers of cars in train containing hazardous materials even though they are not involved in derailment. Correct shipping names with STCC Code should be indicated with car numbers . 5. If fire involved, what is the distance to all hazardous material cars, and shipping name of the ' commodity contained therein. 2. The Asst. Superintendent of Operations shall then follow ' "Instructions on Receipt of a Release/Threat of Release of Oil or Hazardous Substance Spill or Polluting Discharge" . ' INSTRUCTION ON RECEIPT OF RELEASE/THREAT OF RELEASE OF OIL OR HAZARDOUS MATERIAL OR POLLUTING DISCHARGE. ' Upon receipt of notification at Billerica that a Release/Threat of Release of Oil or Hazardous Material or Polluting Discharge has occurred, the following procedure is to be followed: 1. If the release/threat of release involves a train, determine if there are any cars in the train containing a hazardous material whether involved in a derailment or not. 2. Immediately report the release/threat of release of oil of hazardous material to the United States National Spill Response Number: (800) 424-8802 Chemtrec Number: (800) 424-9300 (for hazardous material only) 3. Immediately notify the B&B Supervisor for the area involved. ' (see page 3 for supervisory areas) a. For spills in Area "A" : ' Mr. David Cary, Supv. B&B East Deerfield Office (413) 774-6135 B&M Radio - 113 ' Beeper No. (413) 290-7195 Home: 723 S. Church Street No. Adams, MA (413) 663-9746 B. For spills in Area "B" : Mr. Michael Davis, Engr. - B&B No. Billerica Office (978) 663-6958 B&M Radio - 111 Beeper No. (978) 316-4852 1 Home: 8 Granite Way Somersworth, NH (603) 692-3737 4. In either area immediately notify the Environmental Director and the Massachusetts LSP: ' Environmental Program Director LSP-ERM Jesse Gawrys John Drobinski ' Office (978) 6631218 (W) (617) 267-8377 (H) (978) 443-3526 B & B SUPERVISORY DISTRICTS AREA A: D.CARY 1, AREA B: M.DAVIS AREA i B AREA A_ • � �s ` I f ' • -Y BOSTON a MAINE COF CfM OF M Y['(PftS WT HOLO / MAW •�.• I twat EKe OK"Tm t [T� �•t••rY.T+.to•I.n M- I 00000 CY•-Y•A•t��••� ••O•• .� to••.P/OYYIYA ® iY.••••r•t OP..A a� rtr•att tto.t� ' S. In the event that none of the Area Supervisors can be reached, contact the designated Area Hazardous Waste Cleanup Contractor. (see map on page 6) . Area of Spill 1 ' Area bounded by Boston, Worcester, Gardner and MA/NH state line east to Salisbury, MA Call Clean Harbors (800) 645-8265 24 hrs/day (617) 269-5616 (fax) OR Area of Spill 2 ' Area bounded by all western MA, west of Gardner including Canaan, CT. ' Call - Clean Harbors (800) 645-8265 24 hrs/day (617) 269-5616 (fax) Area of Spill 3 Area bounded by Pownal, VT; Rotterdam, NY; Windsor, VT and Keene, NH. Call - West Central Environmental (518) 272-6891 24 hrs/day (518) 272-0108 (fax) Area of Spill 4 Franklin, NH to White River Jct. Call - Clean Harbors (800) 645-8265 ' (617) 269-5616 (fax) I Area of Spill 5 Portland, Me to MA/NH border MLE&W. All NH areas south of ' Franklin and east of Keene. Call - Clean Harbors (800) 645-8265 24 hrs/day ' (617) 269-5616 (fax) Area of Spill 6 All Connecticut areas except Canaan, CT. 1 Call - Clean Harbors (800) 645-8265 24/hrs/day (617) 269-5616 (fax) NOTE: Clean Harbors is also available to serve all of New England and New York. r r r r5. Report must be made to the State in which the spill occurred. a. Massachusetts r All Regions (617) 556-1133 or Toll Free (888) 304-1133 r b. New Hampshire - during work hours 0800 - 1600 hours- Petroleum spills (603) 271-3440 Hazardous materials (other than above) (603) 271-2944 or (603) 271-2942 General (603) 271-3503 rNights, holidays and weekends contact State Police: (603) 271-3636 or (800) 346-4009 (in State) tC. Maine - during work hours 0800 - 1700 hours. Portland (207) 822-6300 Augusta (207) 287-7800 Nights, weekends and holidays (in State) (800) 482-0777 r Outside State call State Police (800) 228-0857 Contact State Police in State r (207) 657-3030 A written report must be submitted to the DEP within fifteen (15) days of the incident. Refer to page 16 for information to be included in report. d. Connecticut - 24 hrs/day (860) 424-3338 re. New York - 24 hrs/day (518) 457-7362 (in State) (800) 457-7362 rf. Vermont - 24 hrs/day (800) 641-5005 or OR (800) 347-0488 rState Police (802) 244-8721 The following names and telephone numbers are provided for information only: Environmental Program Director John Collins ' Office (978) 663 1218 t ------------------------------- James Patterson Vice President- Engineering (978) 663-6955 -------------------------------- Mr. Roger Bergeron Assistant Vice President - Engineering (978) 663-6918 (office) (978) 316-4856 (beeper) 41 Longfellow Drive Newburyport, MA 01950 (508) 465-0118 Mr. George S. Thayer Asst. Chief Engineer - Construction (978) 663-6973 (office) 1 (978) 316-4857 (beeper) 26 Burley Avenue Danvers, MA (978) 777-4769 (home) --------------------------------- Mr. Jeffrey H. Rose Survey Supervisor ' (413) 774-6166 (office) (978) 316-4851 (beeper) 52 East Buckland Road Shelburne Falls, MA(413) 625-8294 (home) AREA 4 CLEAN HARBORS � ` 1-800-645-8265 � � \ C-_ i • ..��. !. AREA 5 AREA 3 _ CENTRAL ENVIR NMENTAL 18) 272-6891 •, '- JETLINE (207)799-0850 1 CLEAN HARBORS 1-800- 645-826E 1 _ Ole bm AREA 1 AREA 2 '� rrr� i /'_ �' w �' CLEAN HARBORS 1-800-645-82 HAMPTON SANITAb - _ r - . JETLINE (617)344-2510 NGINEERING 13) 532-3878 i BOSTON a MAINE CORP. AREA 6 , _�. p�aMLvaw�n �L.. ` I t - i ....�v0 K. pr(II.Tm T � L[.O! AND ENVIRONMENTAL._ seems 31 735-1817 ® `�"•"�' "�� EPA GENERATOR IDENTIFICATION NUMBERS When calling a Hazardous Waste Cleanup Contractor you must provide the following EPA Generator Identification No. for the following locations . These numbers only apply to that specific location. MAD 006951610 Boston Engine Terminal - Millers River & North Station including freight yards in Boston area. MAD 051787323 No. Billerica Shops and Yard MAD 991289018 East Deerfield Yard MED 006949333 Portland Yard MED 097731806 Waterville Area NYD 986963494 Colonie, NY Yard Facility When spill occurs at any location other than those listed above, a new provisional identification number must be acquired by telephone at the time of spill. EPA Region I (MA, ME, NH, VT, RI, CT) All Hours (617) 223-7265 24-hours/day 1 EPA Region II (NY) All Hours (908) 548-8730 As new permanent identification numbers are acquired for specific sites, this sheet will be revised. INSTRUCTIONS ON RECEIPT OF RELEASE/THREAT OF RELEASE OF OIL OR HAZARDOUS MATERIAL OR POLLUTING DISCHARGE. Upon receipt of notification at Billerica that a Release/Threat of Release of Oil or Hazardous Material or Polluting Discharge has occurred, the following procedure is to be followed: 1. If the release/threat of release involves a train, determine if there are any cars in the train containing a hazardous material whether involved in a derailment or not. 2. Immediately report the release/threat of release of oil or hazardous material to: United Stated National Spill Response No. (800) 424-8802 ChemTrec No. (800) 424-9300 (for haz mat only) 3. Immediately notify the B&B Supervisor for the area involved. (See page 13 for Supervisory areas) a. For spills in areas "A" and "B" . Mr. L. G. Perkins, Jr. , Supervisor B&B j Portland office: (207) 828-6425 MEC Radio: Unit #114 Beeper No. (978) 316-4853 Home: P. 0. Box 1104 Gray, ME (207) 865-4991 ' If Billerica, headquarters is unable to contact Mr. Perkins, the following B&B area General Foreman MUST be contacted: a. For spills in area "A" . Mr. Roger Sanders, Gen. Foreman P&H Waterville office: (207) 873-6912 Home: 14 South St. Freeport, ME 04032 (207) 865-6193 b. For spills in area "B" . Mr. C.D. Gessman Portland Office: (207) 828-6425 Beeper No. (978) 316-4854 Home: L1 Yarmouthwood Yarmouth, ME 04096 ' (207) 846-9901 4. In either area immediately notify the Environmental Director and the Massachusetts LSP: ' LSP-ERM Environmental Program Director John Drobinski John Collins (W) (617) 267-8377 office (978)6631218 (H) (978) 443-3526 Beeper (617) 719-5866 5. In the event that none of the Area Supervisors can be reached, contact the designated Area Hazardous Waste Cleanup Contractor. (see map on page 14) Area of Spill 1 Call - CLEAN HARBORS (800) 645-8265 24 hours/day OR (207) 799-8111 FAX (207) 799-0349 Area of Spill 2 Call - ALLWASTE ENVIRONMENTAL SERVICE NORTH ATLANTIC INC. 22 Alden Street (207) 945-0087 Bangor, ME 04401 FAX (207) 797-0013 CLEAN HARBORS (800) 645-8265 All Hours 1 (207) 799-8111 FAX (207) 799-0349 1 pc •/ ,J-ti � •y 1 - 3 it L W rn CO a C14 M y J •_ • • V co W (31 QI I Y • O i— Y� N N •1 vl 1 � ► � v .. e o . r ga o � ' ` 0 1i�+a•Y �� QD WW tA i Z ~' Z 1) N • YVf- ; W' n r mOD Y }( s • ? f 1 , F ; co LL O J N JQ O ZZ O --- ------- - ---- ----- - < ---- O _ _ t 2 Q w m c(n -- r ':� CO W QIIJ Q Z � Z o� �\• aCCa N a o W Ln CL LL tlV Cil LJ 14 rot ti���J�Cti G • /4 // •J "¢ L z •• V 06 :5 i 2.a a CDi I • M % i W J r . i • r y /O i Zj V • . t s - x . ' iz` _ �. \ _ __-'a _I Q � / . {.• X01 O ♦ I j u'^ U e 4 N co { L o y !{• r 3 % • o Q CS N 'L' ' ' •'x L.-. - ' N' -.V-.• - .. LOi1 •�``F' �,A Wf t fe a w r C r � Z_ 1, • �• •lj I � r OD 10 cc L o o w o \ cc f cr ir o J Q r U f'_ a � L o< i -13- 1 The following names and telephone numbers are provided for information only: �. Michael Davis - Engineer B&B Office No. (978) 663-6958 Beeper No. (978) 316-4852 B&M Radio: 111 Home: 8 Granite Way Somersworth, NH ---- (603) 692-3737 ----------- -------------------- Tim Cobb Design Engineer Office No. (207) 828-6420 Home: 133 Cambell Shore Rd. Gray, ME (207) 759-0493 ----------------------------------------- Environmental Program Director Jesse Gawrys (9781663-1218 ---------- ..----------------------------- ' James Patterson Vice President - Engineering (978) 663-6955 -------------------------------- ------- John Law Director of Safety Office: (978) 663-6900 Home: 28 Cl River Road Farmington, NH 03836 ------- (603) 859-4176 Beeper: (603) 467-6592 -------- --------------------- Walter Zacadelli Mgr. of Safety Office: (207) 873-6943 Home: 1834 Washington Rd. Waldoboro, ME 04572 (207) 832-4674 Beeper: (207) 759-0932 ----------------------------------------- i� 1 i Roger Bergeron Assistant Vice President of Engineering Office: (978) 663-6918 Beeper: (978) 316-4856 Home: 41 Longfellow Drive Newburyport, MA 01950 (978) 465-0118 i i i i 1 1 1 i 1 i 1 1 5. Report must be made to the State in which the spill occurred: ta. Maine - 24 hours/day Augusta (207) 287-2651 ' Portland (207) 822-6300 OR (800) 482-0777 ' b. New Hampshire During work hours 0800 - 1600 hours (603) 271-3503 & (603) 271-3644 Nights, holidays and weekends (603) 271-3636 C. Vermont - 24 hours/day (800) 641-5005 OR (800) 347-0488 d. Canada (800) 565-1633 OR (902) 426-6030 6. A written report must be submitted to the Department of ' Environmental Protection within fifteen (15) days of the incident and shall include the following information: ' a. Name and telephone number of the reporter. b. Name and address of facility. C. Time and type of incident. ' d. Name and quantity of materials released. e. Injuries, if any, and. . . . f. Possible hazards to human health or the environment. _1 1 ' EPA GENERATOR IDENTIFICATION NUMBERS When calling a Hazardous Waste Cleanup Contractor, you must ' provide the following EPA Generator ID No. for the following locations. These numbers only apply to that specific location. MED 097731806 - Waterville Area MED 006949333 - Portland Area ' When spill occurs at any location other than those listed above, a new provisional identification number must be acquired by ' telephone at the time of spill. EPA Region I (MA, ME, NH, VT) ' All Hours (617) 223-7265 EPA Region II (NY) All Hours (908) 548-8730 ' As new permanent ID Nos. are acquired for specific sites, this sheet will be revised. ADDRESSES AND TELEPHONE NUMBERS OF AGENCIES TO BE NOTIFIED ' To Be Called By MDEP - Maine Dept. of Environmental Protection B&B Dept. So. Portland, ME (207) 482-0777 (in State) Portland, ME (207) 822-6300 of If ' Augusta, ME (207) 287-2651 it Bangor, ME (207) 941-4570 " If Maine State Police (Dept. of Public Safety) B&B Dept. Augusta, ME (800) 452-4664 (in State) (207) 624-7000 (24 hours) ' NHWSPC - New Hampshire Water Supply & Pollution Control Concord, NH B&B Dept. ' (603) 271-3503 (business hours) (603) 271-3636 (nights, etc. ) VTDWR - Vermont Dept. of Water Resources B&B Dept. ' Montpelier, VT (802) 244-8702 (business hours) Chief Investigator ' (800) 641-5005 (nights, etc. ) State Police 1 Vermont State Police B&B Dept. St. Johnsbury, VT (802) 748-3111 ' CDE - Canadian Dept. of the Environment B&B Dept. (800) 565-1633 or (902) 426-6030 USCG - U.S. Coast Guard Safety ' USEPA - National Response Center (800) 424-8802 OR (202) 426-2675 (this number reached) ' USEPA U. S . Coast Guard U. S. DOT NTSB or if unable to contact above, call: ' USEPA Regional Response Center Safety Lexington, MA (617) 223-7265 (24 hours/day) B&B Dept. U. S. Coast Guard - Portland (So. Coast) B&B Dept. (207) 799-1680 (24 hours/day) U. S. Coast Guard - Captain of Port of .Portland B&B Dept. (207) 780-3251 Chemtrec (800) 424-9300 Gen.Supt. * If Safety Dept. is not available to make call, initial ' reporting of incident to response center will be by B&B Dept. ' The above calls are to be made for the purpose of reporting spills only. Incidents which require reporting to authorities for assistance in evacuation of areas, serious derailments, or ' injury will be reported to the proper authority by the Operating Dept. FEDERAL AND STATE LAWS AND PENALTIES IN THE EVENT OF OIL OR HAZARDOUS SUBSTANCE SPILL OR POLLUTING DISCHARGE Federal and State laws require that immediate action must be taken in the event of a spill, prohibited discharge or potential ' discharge of oil or hazardous substances into or upon the waters of the United States, adjoining shorelines or the contiguous zone. PENALTIES AND FINES ' Up to $10, 000 for failure to immediately notify the Federal Government of a Spill of oil or Hazardous Substance. Liability of up to $8, 000, 000 in cleanup costs for each Spill of Oil or Hazardous Substance by the Federal Government. ' A civil penalty based on the quantity spilled and the category of the hazardous material can be assessed by the Federal Government up to $5, 000 for failure to notify the respective State authority ' for each spill . REPORT A DISCHARGE OF OIL OR HAZARDOUS SUBSTANCE The Federal Register of Thursday, March 25, 1976, Volume 41, No. 59; Part VI : - Dept. of Transportation - Coast Guard Pollution by Oil and Hazardous Substances. ' Paragraph 153.203.4 (b) states: "After December 31, 1976, any person in charge of a vessel ' or an on-shore or off-shore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from that vessel or facility in violation of the FWPCA, immediately notify by telephone, radio communication or a similar means of rapid communication the Duty Officer, National Response Center, U. S . Coast Guard, 400 Seventh ' Street, SW, Washington, DC 20590, toll free number (800) 424-8802 . " 1 ' DEFINITIONS ' Threat of Release - includes, but is not limited to, any incident or occurrence which results in a situation where a potential exists for a subsequent release of oil or a hazardous substance ' and requires action to prevent or mitigate damage to the environment. ' Oil spill or discharge - includes, but is not limited to, any accidental spilling, leaking, pumping, pouring, emitting, emptying or dumping of oil onto or on any land or water. Oil - means petroleum of any kind or in any form including but Tot limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil. Hazardous Substance - means any substance designated by the Administrator of the Environmental Protection Agency. Spill Event - means a discharge of oil or discharge substance into or upon the navigable waters of the United States or ' adjoining shorelines in harmful quantities . Harmful Quantities - are discharges of oil or hazardous ' substances into or upon the navigable waters of the United States or adjoining shorelines which: ' a. Violate applicable water quality standards or; b. Cause a film or sheen upon or discoloration of the ' surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. ' Applicable Water Quality Standards - means State water quality standards adopted by the state and approved by the EPA. ' Sheen - means an iridescent appearance on the surface of the water. Sludge - means an aggregate of oil or oil and other matter of any kind in any form other than dredged spoil having a combined specific gravity equivalent to or greater than water. On-Shore Facility - means a facility of any kind (including, but not limited to, motor vehicles and rolling stock) located in, on, ' or under any land within the United States other than submerged land. Ideep draft vessels, the contiguous zone and the other waters of the United States subject to tidal influence. ' In-Land Waters - are those waters upstream from coastal waters. Navigable Water - mean, coastal waters, inland waters, interstate waters, intrastate travelers for recreational or other purposes and intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce. FWPCS - means Federal Water Pollution Control Act (Public Law 92-500) . Remove and Removal - refers to removal of oil or hazardous substances from the waters and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage ' to the public health or welfare, including but not limited to fish, shellfish, wildlife and public and private property, shorelines and beaches . Mechanical Removal - means the use of pumps, skimmers, booms, earth moving equipment, and other mechanical devices to contain ' the discharge of oil and hazardous substance and to recover the discharge from the water or adjoining shorelines. Sorbent - means materials essentially inert and insoluble used to remove oil from water through a variety of sorption mechanisms. Examples include straw, expanded perlite, polyurethane foam, reclaimed paper fibers and peat moss. Hazardous Waste - means any material that is subject to the hazardous waste manifest requirements of the EPA specified in ' 40CFR Part 262 or would be subject to those requirements absent of an interim authorization to a state number 40CFR Part 123. ' Manifest - means the EPA designated shipping papers mandatory for use when transporting a hazardous waste to identify the quantity, composition, origin, routing and destination of the Hazardous ' Waste from the site of generation to the point of disposal, treatment or storage. ' Hazardous Material - means a substance or material which because of its characteristics has been determined by the Secretary of Transportation, to be capable of posing an unreasonable risk to health, safety, and property when transported in Commerce, and which has been so designed (49 CFR Part 171 .8) . 1 ' E .P.A. GUIDELINES 1. No chemicals may be employed in the cleanup of a spill or - ' discharge without approval. If you submitted plan (s) contains a list of chemicals that may be used in cleanup operations, the use of such chemicals is subject to express 1 Environmental Conservation involved. 2. The use of sorbents shall be limited to the cleanup of small spills and the final cleanup of large spills. 3. Disposal of all recovered petroleum products and oil-soaked ' debris shall be in accordance with appropriate State regulations. ' 4. The owner or operator shall at all times maintain in good repair any facilities for the prevention and control of discharges and the containment and removal thereof when a discharge occurs. 5. No major addition, major changes or major rehabilitation in the structures or equipment of the on-shore major facility, ' which would materially affect the potential for a petroleum discharge, shall occur except in accordance with plans approved in advance of construction by the appropriate State agency. 6. It is required that all spills must reported immediately to the proper State agency in the State in which they occurred. (see pages 8 and 16) ' 7. Any contractor listed that may be transporting and/or disposing of recovered oil and/or debris after a spill must be a "Registered Waste Hauler" . 1 ' APPENDIX G RESUMES OF PERSONS PREPARING THE VEGETATION MANAGEMENT PLAN KEITH L. MORRIS ENVIRONMENTAL CONSULTANT 622 Spring Street Leeds,Massachusetts 01053 TellFax 413 584-0633 PROFESSIONAL EXPERIENCE Private Consultant,Januar- 1996 to present Principal ' Agent, Town of Suffield Conservation Commission, April 1991 to Jul} 2002 ' • Technical review of proposed applications for potential wetland impacts.alternatives.and possible mitigating measures. • Administrative review of all applications for completeness and compliance with the Town of Suffield's ' Wetland Regulations. • Technical input at all Commission meetings for each application. • Advising the Commission on procedural requirements in comph ing with the State of Connecticut ' Inland Wetlands and Water Courses Act. • Conduct site inspections of all ongoing projects for compliance with soil and erosion control regulations and permit conditions ' Environmental Compliance Services,Inc., March 1989 to December 1995 Project Manager/Wetlands Specialist • Responsible for division marketing. cost estimates. and direct project management of all aspects of wetlands investigations. • Conduct federal and state wetland permitting and boundary determinations. • Responsible for preparation of technical reports and communication with federal. state. and local authorities. • Design and implication of wetland replacement and restoration areas. including on-site coordination and supervision. • Filing of Notices of Intent with local conservation commissions for both private and commercial properties. including single-family subdivisions. gas stations. bridge repair work_etc. • Client representation at public hearings and site inspections with local conservation commissions and ' state personnel. • Provide ongoing consulting services to local cities and towns. including file review.site inspections. recommendations.etc. ' • Conduct vegetative inventories.flood plain assessments. and wildlife habitat evaluations. • Utilization of the SCS TR-55 Macrocomputer program for stormwater drainage calculations. • Preparation of Environmental Notification Forms and input on Environmental Impact Statements in Accordance with the Massachusetts Environmental Polic} Act. ' • Compliance with Massachusetts Contingency Plan Chapter 21 E. including environmental site assessments and remediation. 1 KEITH L. MORRIS Page 3 Environmental Consultant Associated Environmental Scientists, Inc.,April 1984 to March 1989 • Preparation and filing of various forms and reports in compliance with federal.state.and local wetland regulations. ' • Flood plain management and assessment. client representation at public meetings.and supervision of technical staff. • Massachusetts and federal wetland boundary delineation. ' • Other responsibilities included design of erosion control measures.drainage analysis.conducting topographic surveys.and project management. • Conducted air sampling and testing for various private and commercial clients. • Participated in projects involving compliance with Massachusetts"Right To Know''regulations. including review of Product Material SaferData Sheets(MSDS). EDUCATION University of Massachusetts B.S. in Environmental Science. 1984 Holxoke Community College A. S. in Environmental Science. 1982 GRADUATE STUDIES ' University of Massachusetts. Department of Plant and Soil Sciences .Weiland Identification and Delineation Course" PROFESSIONAL SOCIETY MEMBERSHIP Society of Wetland Scientists Soil and Water Conservation Society PROFESSIONAL ACTIVITIES 40 OSHA Training. updated March. 1995 Erosion and Sediment Control Site Plan Workshop.October 1994 Short course on the Environmental Impact Review Process in Massachusetts. 1990 References available upon request. 1 1 ' MICHAEL F. GRAGNOLATI Environmental Consultant 45 North Street PO Box 3127 Windsor Locks,Connecticut 06096 860-623-2588 PROFESSIONAL EXPERIENCE Private Consultant; January 1996 to Present Principal Environmental Compliance Services,Inc.; April 1990 to December 1995 Senior Project Manager/Environmental Scientist/Soil Scientist • Responsible for cost estimates,marketing,proposal generation,and direct project management for all aspects of wetland investigations,wetland remediation and mitigation,and construction projects that involve wetland resource areas. • Performs wetland delineations by state and federal methods,vegetative analysis,wildlife habitat evaluation and general ecological assessments for the private and public sectors. • Design and implementation of wetland replacement and restoration areas,including on-site coordination and supervision. • Representation of clients and proposals at public meetings and site visits with governmental agencies and their representatives. ' • Conducted Limited site and remedial investigations pursuant to the Connecticut Transfer Act and Massachusetts General Laws,Chapter 21-E • Conducts hydrologic assessments utilizing(USDA-SCS)TR-55 computer programs. • Provides detailed soils investigations of projects that range from hazardous waste sites to proposed building sites. • Performs order 1 soils mapping. Town of Windsor Locks Inland Wetlands and Watercourses Agency; November 1988 to present • Responsible for technical review of proposed projects submitted to the agency. • Provides technical input to the commission and applicants. • Field check of work done by applicant's environmental consultants. • Inspections of on-going construction sites for compliance with erosion and sedimentation regulations and provisions of permits. Land Planning Consultants,Inc.; March 1989 to April 1990 Environmental Analyst/Soil Scientist Assoc.Environmental Scientists and Engineers,Inc.; June 1988 to Mar. 1989 Senior Soil Scientist • Project manager of up to 20 concurrent projects with the supervision of 5 multi-disciplined professionals. • Conducted limited site investigations and remedial investigations pursuant to the Massachusetts Contingency Plan and Massachusetts General Laws,Chapter 21-E and the Connecticut Transfer Act. • Performed wetland delineations using state and federal regulations. ' Performed vegetative analysis,wildlife habitat evaluations,and general ecological assessments for the private and public sectors. • Designed and implemented wetland replacement and restoration plans. • Prepared and presented oral and written technical reports before local,state and federal agencies. • Prepared Environmental Notification Forms(ENF)and provided technical input into Environmental Impact Reports(EIR). ' MICHAEL F. GRAGNOLATI Page 2 Registered Professional Soil Scientist SHampden and Hampshire,Massachusetts Conservation Districts; January 1985 to June 1988 Soil Survey Party Member/Soil Scientist • Worked in cooperation with the United States Department of Agriculture(Soil Conservation Service)in the preparation of the"Soil Survey of Hampshire and Hampden Counties,Massachusetts(Western Part)". • Responsible for approximately loo,000 acres of order 2 and 3 soils mapping. • Provided technical assistance to local municipalities,state and federal agencies and the public sector. • Responsible for the development of technical reports,descriptive legends and interpretive tables. • Participated in the Environmental Protection Agencies 1987-1988 acid rain study. • Conducted workshops in soil survey manuals and soil suitability for on-site septic system for Franklin County and the Massachusetts Department of Environmental Quality Engineers. • Letter of Commendation for exceptional performance,US Department of Agriculture,December 1987. University of Connecticut,Department of Plant Sciences; June 1982 to January 1985 Research Assistant • Worked under multi-year grant from the"National Cooperative Soil Survey". • Performed experimental design and personnel management for environmental research projects. • Coordinated field sampling and laboratory analysis of selected soils through Connecticut. • Conducted extensive literature reviews in many facets of soil science,geology,and the life sciences. • Teaching and laboratory assistant for introductory and advanced soil science courses. EDUCATION University of Connecticut,Storrs BS Agronomy,cum laude, 1982 GRADUATE STUDIES University of Connecticut,Storrs Thesis: "The Characterization of Two(2)Well Drained Connecticut Soils and their Relationship to the Regional Till Stratigraphy" Completed course work for MS in Soil Science PROFESSIONAL SOCIETY MEMBERSHIP Society of Soil Scientists of Southern New England Society of Wetland Scientists Alpha Zeta PUBLICATIONS Luce,H.D.and Gragnolati,M.F.,"Characterization of Two Well Drained Till Soils in Connecticut",Proceedings of Northeast Branch American Society of Agronomy,Lavalle University,Quebec,Canada, 1984. 1 APPENDIX H SITE LOCI 1 1 I GIarYMna w�. •_. ^ Cl arenont NOchNtar I Per�oeook _•.,rte I Chvrl Ntovn tOeleraor[h ib be � I ry ROI ITnefortl G�inyN i CONCORD DOVER Bar Memory tnw 1'tl Bel Ion Fel I• G.rna - fbekNett N.Aemket cP:� v I WMtmrneW I RmkfninJet. 8—rnGto' > mlMANCHESTER Evv<er oltO Putney ' to E.Kinpl r,. f Gre°nfi°Itl ,a+ �, Nsetmt. ja 9B ? ^sP tP� YrattlObOre R rimaN Plw II N9em inN[df WrItM wwNil l` Atk irw{ � A U l fora Sala NweTlll t NA$HUA Bradford 1;6 NJi .r - 'Bd'B�dS,d ------1-- _ley LAWRENCE EJbrNfr.lo Iwt B°rmrbton ,a1�O,Nyq�✓!` '� t N.,CfQrlm.for Y111ninpton Jct. •^ ZYlonite !v �f7 F�1'd' 9 +` � ft% .1ct" A'x>§'A t s♦'+ t, GZ rola d O{ Littleton $ .n}.I'*r t� tp shall ala n nr�/� �. 0, t oro s.fetan 4. 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