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AMTRAK 1991 YEARLY OPERATIONAL PLAN SANFORD ECOLOGICAL SERVICES, Inc. 30 Turnpike Road, Southborough, Massachusetts 01772 Telephone (508) 460.9900 FAX (508) 481.2009 May 1, 1991 4®w6u PlAY 8 Dear Board of Health Members: CITY OF SALENI Enclosed please find a draft copy of the 1:95k1LT-R--WWW Operational Plan prepared for the AMTRAK National Railroad Passenger Corporation. Also enclosed is a copy of the public notice which appeared in the Environmental Monitor dated April 24 , 1991 which describes the procedure set forth by the Department of Food and Agriculture Pesticide Board for the public review of this document. This Yearly Operational Plan was drafted in compliance with the Rights of Way Management Regulations (333 CMR 11. 00) . Department approval of a Yearly Operational Plan, in conjunction with an approved 5-year Vegetation Management Plan, is required before the railroad can perform any vegetative management practices which entail the selective use of herbicides. The enclosed plan identifies areas in your municipality where herbicide spraying has been restricted due to the proximity of certain "Sensitive Areas" , as defined in the Rights of Way Management Regulations. This document is being provided to the Conservation Commission, Board of Health, and head of government in each municipality for review. Please feel free to call me with any questions pertaining to this Yearly Operational Plan or the public review procedure set forth by the Department. Thank you for your attention to this submittal. Sincerely, Richard J. Albano, M.A. Sanford Ecological Services, Inc. enclosure BOURNE OFFICE: 258 Main Street, Unit B,2, Bourne, Massachusetts 02532 • Telephone (508) 759.4407 FAX (508) 759-7808 7 ulq� NOTICE Pursuant to the provisions of the Rights Of Way Management Regulations , 333 CMR 11: 00, in order to apply herbicides to control vegetation along Railroad rights-of-way, a 5-year Vegetation Management Plan (VMP) and a Yearly Operational Plan (YOP) must be approved by the Department of Food and Agriculture (DFA) . Therefore, notice of receipt of a YOP and procedures for public review are hereby given as required by Section 11. 06 (3) . Yearly Operational Plans for AMTRAK National Railroad Passenger Corporation have been prepared by Sanford Ecological Services, Inc. , of Southborough, and have been submitted to the Department. The submitted YOPs concern the following rail lines : the "Northeast Corridor" in Massachusetts which is owned, operated, and maintained by AMTRAK; the "Springfield Line" which is owned, operated, and maintained by AMTRAK; and the "Commuter Rail Lines" which are owned by the Massachusetts Bay Transportation Authority (MBTA) , but operated and maintained by AMTRAK under contractual. agreement. Municipalities identified in the AMTRAK YOPs as locations where treatment of railroad rights-of-way with herbicides will by carried out during the 1991 calendar year are: Northeast Corridor Attleboro, Boston, Canton, Dedham, Foxboro, Mansfield, Sharon, Westwood. S rin field Line Springfield and Longmeadow. Commuter Rail Lines Actoa, Andover, Attleboro, Ayer, Bellingham, Belmont, Beverly, Billerica, Boston, Boxborough, Cambridge, Canton, Chelsea, Concord, Dedham, Everett, Fitchburg, Franklin, Gloucester, Hamilton, Haverhill, Hopedale, Ipswich, Lawrence, Leominster, Lincoln, Littleton, Lowell, Lunenburg, Lynn, Malden, Manchester, Medford, Melrose, Milford, Milton, Needham, Norfolk, North Andover, Norwood, Reading, Revere, Rockport, Salem, Saugus, page 1 of 5 Shirley , Somerville , Stoughton , Swampscott , Tewksbury , Wakefield, Walpole , Waltham, Wenham, Weston , Westwood, Wilmington, Winchester, and Woburn. Sanford Ecological Services has submitted the following summary of the AMTRAK Yearly Operational Plans: The AMTRAK YOP for the 1991 calendar year proposes one post-emergent selective herbicide application targeting vegetation growing in the ballast of the rights-of-way. The Yearly Operational Plans for the "Commuter Rail Line" and "Northeast Corridor" consist of six sections, while the "Springfield Line" has five. Section 1 contains herbicide information relating to the herbicide product and adjuvant proposed , and herbicide application rates , timing and equipment. Section 2 identifies the company who will perform the herbicide application, the qualifications of this company, and the Supervisor for each AMTRAK line. Field procedures are identified in Section 3 - specifically, identification of target vegetation , procedures for identifying and delineating sensitive areas , herbicide management (including procedures for mixing and loading herbicides, sources of water, and safeguards used to prevent contamination) , and a list of emergency contacts. Section 4 lists municipalities included in this plan, as shown above. Section 5 contains an explanation of the maps locating restricted spray zones which have been deemed as such due to the proximity of sensitive areas considered "not readily identifiable in the field" to the area to be treated. These sensitive areas are: surface waters - and wetlands, primary recharge areas of aquifers , surface and ground drinking water supplies, and appropriately identified private wells (for "appropriate" identification techniques, refer to 333 CMR 11. 04 (2) (c) (3) ) . The plan also outlines how "sensitive areas readily identifiable in the field" will be handled within this program. These are considered to be inhabited and agricultural areas. Section 6 describes Layover Yard utility and management. This section is not contained in the "Springfield Line" YOP. The Plan also includes six Appendices ( except the "Springfield Line" which has five) containing information pertinent to the YOP sections . The appendices are as follows: Main Line Maps, Layover Yard Maps (not applicable to the "Springfield Line") , Determinations of Applicability, the . Herbicide Fact Sheet, Massachusetts Rights of Way Management Regulations (333 CMR 11. 00) , and the Preface -to Wetland Regulations Relative to Rights of Way Management (310 CMR 10. 00) . - This program will commmence only after- final approval has been granted by the DFA, preferably by May 1991. page 2 of 5 Following approval , no spraying will occur without the proper 21-day notification to all parties specified in Section 11. 07 (333 CMR 11. 00) . The applicant has further described the "Commuter Rail Lines" that have been scheduled for treatment and the municipalities they pass through as follows: GLOUCESTER BRANCH (Gloucester to Beverly [connects to Eastern Route M.L. ] ) Rockport Manchester Gloucester Beverly EASTERN ROUTE MAIN BRANCH (Ipswich to Boston) Ipswich Swampscott Chelsea Hamilton Lynn Everett Wenham Saugus Somerville Beverly Revere Boston Salem NEW HAMPSHIRE MAIN LINE (Haverhill to Boston) Haverhill Wilmington Melrose North Andover Tewksbury Malden Lawrence Reading Somerville Andover Wakefield WESTERN ROUTE MAIN LINE (Lowell to Boston) Lowell Woburn Tewksbury Winchester Billerica Medford Wilmington Somerville FITCHBURG MAIN LINE (Fitchburg to Boston) Fitchburg Boxborough Waltham Leominster Acton Belmont Lunenburg Concord Cambridge Shirley Lincoln Somerville Ayer Weston Boston Littleton STOUGHTON BRANCH _ (Stoughton to canton [connects to Amtrak N.E.- Corridor Line] ) Stoughton Canton page 3 of 5 C s DORCHESTER BRANCH Boston FRANKLIN BRANCH (Milford to Boston) Hopedale Norfolk Westwood Milford Walpole Dedham Bellingham Norwood Boston Franklin NEEDHAM BRANCH (Needham to Boston) Needham Dedham Boston Public Review The Department of Food and Agriculture (DFA) in particular seeks the verification of sensitive area locations reported in - the YOP. The Department itself has a limited ability to survey the geography, land use, and the water supplies in all the communities through which the rights-of-way are located. Municipalities, however., have most of this information readily available, and the particular knowledge with which to better certify the sensitive areas in their communities. Therefore, the Department requests, and urges , the assistance of the "affected" municipalities in . reviewing the completeness and accuracy of the maps contained in the submitted document. The DFA has established the following procedures for this review. Yearly operational plans (YOPs) and a copy of this notice will be sent by the applicant to the Conservation Commmission, Board of Health (or designated health agent) , and to the head of government (Mayor, City Manager, Board of Selectmen) of each municipality where herbicides are to be applied. along the rights-of way during the calendar year 1991. Municipal agencies and officials will have forty-five (45) days following receipt of the YOP to review the maps contained in the document that indicate the location of " sensitive areas not readily identifiable in the field" for inaccuracies and omissions. "Sensitive areas" will be defined as in Section 11. 02 (a-f) . Municipal agencies and. officials are requested to forward. the YOP to the appropriate official(s) in their municipality- - -_- qualified to certify the accuracy of sensitive area locations as listed. on the maps. The. maps should be corrected and returned to the applicant, also a copy of the maps with these corrections- indicated should be sent to the DFA to the address listed. below, page 4 of 5 within the forty-five day review period. If a city or town needs more time to carry out this review, it should send a written request for an extension to the DFA and cite why there is a "good cause" for requesting additional time. All corrections will be required to be made by the applicant, and corrected maps sent back to the city/town before the YOP can be considered "approved" by the Department for vegetation maintenance in that municipality. Any dispute on the part of the applicant regarding corrections made by municipal authorities should be indicated in writing to the Department and to the city/town which requested the disputed changes within fifteen (15) days of receipt of that request. The DFA will decide whether or not the YOP should be approved without the requested changes . The Department will consider the "final approval" of a YOP individually for each municipality. The final twenty-one (21) days of the public review period can serve concurrently to provide public notification as required by section 11. 07 of the Rights of Way Management regulations, if the applicant has an approved VMP and if all the requisite city/town offices which have received copies of the YOP have completed their review and corrections have been duly made by the applicant. A failure by the city/town to respond to the applicant' s submission of this YOP within the forty-five day public review period will be considered by the DFA to indicate agreement by municipal officials with the sensitive area demarcations as provided by the applicant in their YOP. Any questions or comments . on _the information provided in this Notice and procedures established for the municipal review as outlined above, should be addressed to: Howard Gold, Director Rights of Way Program Pesticide Bureau Massachusetts Department of Food and Agriculture Leverett Saltonstall- Building, 21st Floor 100 Cambridge Street Boston, MA 02202 Any additional questions or comments on information provided as part of the proposed YOP should be addressed in writing to the AMTRAK National Railroad Passenger Corporation, and a copy should be sent to Howard Gold, Director, Rights of Way Program, at the address indicated above. i { page 5 of 5 L