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Lake and Pond Management under the MA Wetlands Protection Act WPA MGL CH 131 s 40

History of Lake and Pond Management in MA. 1973-8 EIR started by Dept. of Environmental Health1994 DEM established Lake and Pond Grant Program2001 EOEA published MA Lakes and Ponds Watershed Action Strategy2001 DCR staffs AIS prevention

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Lake and Pond Management under the MA Wetlands Protection Act WPA MGL CH 131 s 40

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    1. Lake and Pond Management under the MA Wetlands Protection Act (WPA) MGL CH 131 s 40 Berkshire Conservation Agent Program (BCAP) March 2 2011 Terry Plantier Eucker

    2. History of Lake and Pond Management in MA

    3. HOW BIG IS THE AIS PROBLEM? >3530 lakes and ponds 20% surveyed for AIS, most of these are owned by DCR Of those surveyed 95% had AIS Of those surveyed 30% do not have submerged AIS, but do have emergents (either loosestrife or Phragmites)

    4. Know where your jurisdiction lies

    6. spatterdockspatterdock

    8. 500+ pages GEIR Lengthy Designed to satisfy MEPA requirements Relief from MEPA filing This report presents a brief summary of the science of limnology (the study of freshwater ecosystems), describes procedures for lake management, and reviews case studies of lake management in Massachusetts. The major focus of the report involves problem identification, problem prevention and successful management of lakes. The report reviews lake management techniques for effectiveness and impacts and provides a summary and general recommendations. It should be noted that lake management is not a one size fits all process, and apparent conflicts between uses, goals, techniques and policies do exist and must be considered on a case by case basis. Where general truths appear evident, we endeavor to highlight them, but a cookbook approach to problem resolution is seldom possible in lake management. GEIR500+ pages GEIR Lengthy Designed to satisfy MEPA requirements Relief from MEPA filing This report presents a brief summary of the science of limnology (the study of freshwater ecosystems), describes procedures for lake management, and reviews case studies of lake management in Massachusetts. The major focus of the report involves problem identification, problem prevention and successful management of lakes. The report reviews lake management techniques for effectiveness and impacts and provides a summary and general recommendations. It should be noted that lake management is not a one size fits all process, and apparent conflicts between uses, goals, techniques and policies do exist and must be considered on a case by case basis. Where general truths appear evident, we endeavor to highlight them, but a cookbook approach to problem resolution is seldom possible in lake management. GEIR

    9. User friendly version of the GEIR User friendly version of the GEIR

    11. From GEIR appendices performed by an applicator currently licensed (in the aquatic weed category) by the Massachusetts Department of Food and Agriculture Pesticide Bureau. Chemicals used for treatments must be currently approved for use in the state by the Pesticide Bureau. BRP WM 04 permit from DEP to apply pesticides to water, except private pond with no outlet, and except when treatment is undertaken by employees and agents of the Departments of Environmental Protection, Environmental Management, and Fisheries, Wildlife and Environmental Law Enforcement, or of the Reclamation Board, or of related Federal agencies, while in the conduct of their official duties; or when treatment is undertaken with algicide approved by MassDEP and used by legally established water supply agencies to control taste and odors; Valid for 9 months Copy of ooc has to go to DEP office of watershed management in WorcesterFrom GEIR appendices performed by an applicator currently licensed (in the aquatic weed category) by the Massachusetts Department of Food and Agriculture Pesticide Bureau. Chemicals used for treatments must be currently approved for use in the state by the Pesticide Bureau. BRP WM 04 permit from DEP to apply pesticides to water, except private pond with no outlet, and except when treatment is undertaken by employees and agents of the Departments of Environmental Protection, Environmental Management, and Fisheries, Wildlife and Environmental Law Enforcement, or of the Reclamation Board, or of related Federal agencies, while in the conduct of their official duties; or when treatment is undertaken with algicide approved by MassDEP and used by legally established water supply agencies to control taste and odors; Valid for 9 months Copy of ooc has to go to DEP office of watershed management in Worcester

    15. Some Key points of the GEIR Emphasize nutrient control for prevention of algal blooms. Excess algal growth is possible only if nutrient levels are adequate, and thus nutrient control is recommended as the best long-term strategy. Nutrient controls include non-point source controls, point source controls, hydraulic controls, phosphorus precipitation and inactivation, artificial circulation and aeration, and dredging. Plants play a vital role in the ecology of lakes and some level of plant coverage is essential for a healthy lake. In all cases it is important to determine a reasonable level of control for aquatic plants. The need for frequent re-application of a technique should prompt an evaluation of alternative long-term approaches.

    16. Some Key points of the GEIR The effects of lake management actions should be studied as part of each management program, at a scale appropriate to the problem and lake. Current data collection on effectiveness and impacts in Massachusetts is largely limited to cursory examination and anecdotal information, although some more intensive efforts have been made and Conservation Commissions now often require follow-up monitoring. Documentation of benefits and adverse impacts, or the lack thereof, with reliable data would be a great aid to future lake management planning and permitting.

    17. Monitoring To fully evaluate the effectiveness of various lake management techniques, conduct surveys of pre- and post-management conditions resulting from each type of treatment. These studies should incorporate surveys as warranted to quantify the level of success in achieving the objective of each implementation, any impacts to non-target species or habitat, and the specific effects on regulatory interests, such as the 8 interests of the Wetlands Protection Act. Monitoring for chlorophyll, transparency, total phosphorus, total nitrogen and dissolved oxygen, aquatic macrophyte diversity and density to document the range of non-native species and nuisance conditions.

    18. Monitoring

    19. Each chemical or treatment has this list and performance guidelines in the practical guide Each chemical or treatment has this list and performance guidelines in the practical guide

    23. Alternatives to Avoid or Minimize Impacts. Site Specific Work Description. Identify Specific Estimated Habitats. Use Most Recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife. Information Required for All Projects (Continued)

    24. Lake Management Projects with Herbicides: Survey the waterbody, make a map plant locations, relative densities, and significant wildlife habitat NHESPs Estimated and Priority habitat maps, ACEC Must Obtain License to Apply Herbicides Issued by DEPs Office of Watershed Mgmt. (Form BRP WM 04) Before Filing for License: Applicator Must be a DAR Licensed Applicator Chemicals Must be Approved by Pesticide Bureau Must Obtain WPA Approval (Applicant include Copy of BRP WM 04 License in NOI or Condition OOC to Get Copy of License before treatment)

    25. Projects to Monitor OR Eradicate Pioneer Infestations of Non-Native Aquatic Species Use of DCR Standard Operating Procedures dated January 2007 (approved by DEP) On the web Hand Pulling or Benthic Barriers. DEP Endorses Issuance of Negative Determination of Applicability. Projects to Monitor OR Eradicate Pioneer Infestations of Non-Native Aquatic Species Use of DCR Standard Operating Procedures dated January 2007 (approved by DEP) On the web Hand Pulling or Benthic Barriers. DEP Endorses Issuance of Negative Determination of Applicability.

    26. Information Required for Drawdown Projects Parties Should Request a 5-year Order of Conditions, Even if Done Historically: Monitor for Dam Safety,Wildlife/Fisheries To Protect Fisheries: Best to Commence Between Nov. 1 Dec.1. Refill Water No Later Than April 1. Consult with Division of Fish & Game.

    27. To Protect Fisheries (continued) Avoid Fish Spawning Periods. Maintain Presence of Deep-Water Pool or Other Refuge Area. Additional Information Required for Drawdown Projects (continued)

    28. To Protect Fisheries, DFW Recommends Drawdowns Not Exceed: 4 Cubic Feet per Second per Square Mile (cfsm) of Drainage Area as Measured at the Outlet Structure OR 3 Inches of Lake Elevation Change Per Day, Whichever is Lower. During Refill, Maintain 0.5 cfsm at Outflow. Must Consider Individual Lake Features Such as Size Additional Information Required for Drawdown Projects (continued)

    29. Drawdown Projects (continued) Address Impacts to: Water Supplies. Impacts to Adjacent BVW (Hydrology Change). Downstream Flooding & Erosion. DCRs Office of Dam Safety Recommends: Drawdown Rates Should Not Exceed 6 inches/day (Note: If Fisheries Present, Conform to DFG Guidelines). Conduct Drawdown Slowly, Minimize Timeframe. Contact DCR-ODS for Comment.

    30. Dredging Greater than 100 Cubic Yards Water Quality Certification Required from DEP, Boston. Information: Plans, Calculations of Area to be Dredged & Volume of Sediment to be Removed, Physical & Chemical Characterization, Disposal. Chapter 91 May Apply.

    31. Appendix A of guidance document Sample Conditions Included for Conservation Commissions to Use. Conditions Should be Adapted to Specific Project. Appendix A of guidance document Sample Conditions Included for Conservation Commissions to Use. Conditions Should be Adapted to Specific Project.

    32. From EPA George Papadopolous: The Pesticide General permit, which was drafted in July of 2010 did not authorize pesticide application in Tier III waters (or ORWs). Although this permit has not yet been issued, EPA is under a court deadline of April 9, 2011 to issue this permit. Due to the large number of comments received on the draft regarding Tier III waters, EPA may consider allowing pesticide applications in Tier III waters under certain, limited conditions. Good for 5 yrs for projects over 20 acres The quality of Class A Public Water Supplies (314 CMR 4.06(1)(d)1.) and their tributaries, certain wetlands as specified in 314 CMR 4.06(2) and other waters as determined by the Department based on their outstanding socio-economic, recreational, ecological and/or aesthetic values. Wetlands bordering Class A Outstanding Resource Waters are designated Class A Outstanding Resource Waters. Vernal pools are designated Class B Outstanding Resource Waters. All wetlands bordering other Class B, SB or SA Outstanding Resource Waters are designated as Outstanding Resource Waters to the boundary of the defined area. All other wetlands are designated Class B, High Quality Waters for inland waters and Class SA, High Quality Waters for coastal and marine waters. All active and inactive reservoirs approved by the Departments Drinking Water Program after December 29, 2006 as a source of public water supply are designated Class A, Outstanding Resource Waters, regardless of whether they are listed in the tables to 314 CMR 4.00. From EPA George Papadopolous: The Pesticide General permit, which was drafted in July of 2010 did notauthorize pesticide application in Tier III waters (or ORWs). Althoughthis permit has not yet been issued, EPA is under a court deadline ofApril 9, 2011 to issue this permit. Due to the large number of commentsreceived on the draft regarding Tier III waters, EPA may considerallowing pesticide applications in Tier III waters under certain,limited conditions.Good for 5 yrs for projects over 20 acres The quality of Class A Public Water Supplies (314 CMR 4.06(1)(d)1.) and their tributaries, certain wetlands as specified in 314 CMR 4.06(2) and other waters as determined by the Department based on their outstanding socio-economic, recreational, ecological and/or aesthetic values. Wetlands bordering Class A Outstanding Resource Waters are designated Class A Outstanding Resource Waters. Vernal pools are designated Class B Outstanding Resource Waters. All wetlands bordering other Class B, SB or SA Outstanding Resource Waters are designated as Outstanding Resource Waters to the boundary of the defined area. All other wetlands are designated Class B, High Quality Waters for inland waters and Class SA, High Quality Waters for coastal and marine waters. All active and inactive reservoirs approved by the Departments Drinking Water Program after December 29, 2006 as a source of public water supply are designated Class A, Outstanding Resource Waters, regardless of whether they are listed in the tables to 314 CMR 4.00.

    33. Does it apply?Does it apply?

    36. Chemicals are limited in their use on certain sites and effectiveness on pests. Lists plants each chemical is effective in controlling.Chemicals are limited in their use on certain sites and effectiveness on pests. Lists plants each chemical is effective in controlling.

    37. Be glad you live in MA and not Ohio!Be glad you live in MA and not Ohio!

    38. From dcr lakes and ponds fact sheets duckweedFrom dcr lakes and ponds fact sheets duckweed

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