2011 LCWC Notice of Intent - Lake Cochituate - Framingham by Wayland Surface Water Quality Committee

Provided by MassDEP:

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

MassDEP File Number

WPA Form 3 – Notice of Intent

Document Transaction Number

Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Framingham City/Town

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): Lake Cochituate

Framingham

a. Street Address

b. City/Town

Latitude and Longitude:

01701 c. Zip Code

42.296933

-71.369441

d. Latitude

e. Longitude

n/a

f. Assessors Map/Plat Number

g. Parcel /Lot Number

2. Applicant:

Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance.

Michael

Lowery

a. First Name

b. Last Name

Lake Cochituate Watershed Council c. Organization

Post Office Box 183 d. Street Address

Natick

01760

e. City/Town

f. State

g. Zip Code

508-397-8828

508-370-4509

lowery.mike@gmail.com

h. Phone Number

i. Fax Number

j. Email Address

3. Property owner (required if different from applicant):

Check if more than one owner

Tom

Flannery

a. First Name

b. Last Name

MA Department of Conservation & Recreation - Lakes & Ponds Program c. Organization

251 Causeway Street d. Street Address

Boston

02114

e. City/Town

f. State

g. Zip Code

617-626-1250

617-626-1455

Tom.Flannery@state.ma.us

h. Phone Number

i. Fax Number

j. Email address

4. Representative (if any): Michael

Lowery

a. First Name

b. Last Name

Lake Cochituate Watershed Council, Inc. c. Company

Post Office Box 183 d. Street Address

Natick

01760

e. City/Town

f. State

g. Zip Code

508-397-8828

508-370-4509

lowery.mike@gmail.com

h. Phone Number

i. Fax Number

j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 waived

$237.50 waived

$262.50 waived

a. Total Fee Paid

b. State Fee Paid

c. City/Town Fee Paid

wpaform3.doc • rev. 11/16/09

Page 1 of 8

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP: MassDEP File Number Document Transaction Number

Framingham City/Town

A. General Information (continued) 6. General Project Description: Removal of non-native Eurasian watermilfoil in the waters of Lake Cochituate within the Town of Natick thru diver hand-pulling and diver-assisted suction-harvesting (DASH).

7a. Project Type Checklist: 1.

Single Family Home

Residential Subdivision

Limited Project Driveway Crossing

Commercial/Industrial

Dock/Pier

Utilities

Coastal Engineering Structure

Agriculture (e.g., cranberries, forestry)

Transportation

10.

Other

7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1.

Yes

If yes, describe which limited project applies to this project:

310 CMR 10.53 (4) - improving the natural capacity of a resource area to protect interests of Wetlands Protection Act. 8. Property recorded at the Registry of Deeds for: 2. Project S.Limited Middlesex a. County

b. Certificate # (if registered land)

c. Book

d. Page Number

B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1.

Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated.

Size of Proposed Alteration

Proposed Replacement (if any)

Bank

1. linear feet

2. linear feet

Bordering Vegetated Wetland

1. square feet

2. square feet

wpaform3.doc • rev. 11/16/09

Land Under Waterbodies and Waterways

See Attachement A2 1. square feet

2. square feet

3. cubic yards dredged Page 2 of 8

Provided by MassDEP:

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

MassDEP File Number

WPA Form 3 – Notice of Intent

Document Transaction Number

Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Framingham City/Town

B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Resource Area

Bordering Land Subject to Flooding

Isolated Land Subject to Flooding

Size of Proposed Alteration

Proposed Replacement (if any)

1. square feet

2. square feet

3. cubic feet of flood storage lost

4. cubic feet replaced

1. square feet 2. cubic feet of flood storage lost

Riverfront Area

f. 2.

3. cubic feet replaced

1. Name of Waterway (if available)

Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects

Total area of Riverfront Area on the site of the proposed project:

Proposed alteration of the Riverfront Area:

a. total square feet

b. square feet within 100 ft.

square feet

c. square feet between 100 ft. and 200 ft.

Has an alternatives analysis been done and is it attached to this NOI?

Yes

Was the lot where the activity is proposed created prior to August 1, 1996?

Yes

Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.

Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.

Resource Area a.

Designated Port Areas

Land Under the Ocean

Size of Proposed Alteration

Proposed Replacement (if any)

Indicate size under Land Under the Ocean, below 1. square feet 2. cubic yards dredged

Barrier Beach

Indicate size under Coastal Beaches and/or Coastal Dunes below

Coastal Beaches

1. square feet

2. cubic yards beach nourishment

Coastal Dunes

1. square feet

2. cubic yards dune nourishment

wpaform3.doc • rev. 11/16/09

Page 3 of 8

Provided by MassDEP:

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

MassDEP File Number

WPA Form 3 – Notice of Intent

Document Transaction Number

Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Framingham City/Town

B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Size of Proposed Alteration f.

Coastal Banks

Rocky Intertidal Shores

Proposed Replacement (if any)

1. linear feet 1. square feet

Salt Marshes

Land Under Salt Ponds

1. square feet

2. sq ft restoration, rehab., creation

1. square feet 2. cubic yards dredged

Land Containing Shellfish

1. square feet

Fish Runs

Land Subject to Coastal Storm Flowage

Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged

1. square feet

Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW

b. square feet of Salt Marsh

Project Involves Stream Crossings a. number of new stream crossings

b. number of replacement stream crossings

C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/priority_habitat/online_viewer.htm. a.

Yes

NHESP 2008 b. Date of map

wpaform3.doc • rev. 11/16/09

If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581

Page 4 of 8

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP: MassDEP File Number Document Transaction Number

Framingham City/Town

C. Other Applicable Standards and Requirements (cont’d) If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review Percentage/acreage of property to be altered:

1. (a)

within wetland Resource Area

(b)

outside Resource Area

percentage/acreage percentage/acreage

Assessor’s Map or right-of-way plan of site

2. 3.

5 acres

Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** (a)

Project description (including description of impacts outside of wetland resource area & buffer zone)

(b)

Photographs representative of the site

MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address

(c)

Projects altering 10 or more acres of land, also submit:

(d)

Vegetation cover type map of site

(e)

Project plans showing Priority & Estimated Habitat boundaries

OR Check One of the Following 1.

Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.)

Separate MESA review ongoing.

1/4/2011 a. NHESP Tracking #

b. Date submitted to NHESP

Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 11/16/09

Page 5 of 8

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP: MassDEP File Number Document Transaction Number

Framingham City/Town

C. Other Applicable Standards and Requirements (cont’d) Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan.

2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a.

Not applicable – project is in inland resource area only

Yes

If yes, include proof of mailing or hand delivery of NOI to either: South Shore - Cohasset to Rhode Island, and the Cape & Islands:

North Shore - Hull to New Hampshire:

Division of Marine Fisheries Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694

Division of Marine Fisheries North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930

Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.

Yes

If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website.

b. ACEC

4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? Yes

5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? Yes

6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. 1.

Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3)

A portion of the site constitutes redevelopment

Proprietary BMPs are included in the Stormwater Management System. No. Check why the project is exempt:

b. 1. wpaform3.doc • rev. 11/16/09

Single-family house Page 6 of 8

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

Provided by MassDEP:

WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

MassDEP File Number Document Transaction Number

Framingham City/Town

C. Other Applicable Standards and Requirements (cont’d) 2.

Emergency road repair

Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas.

D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1.

USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)

Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.

Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.

List the titles and dates for all plans and other materials submitted with this NOI. a. Plan Title

Lake Cochituate Watershed Council

Michael P. Lowery

b. Prepared By

c. Signed and Stamped by

d. Final Revision Date

e. Scale

Project Summary

1/10/2011

f. Additional Plan or Document Title

g. Date

If there is more than one property owner, please attach a list of these property owners not listed on this form.

Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.

Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.

Attach NOI Wetland Fee Transmittal Form

Attach Stormwater Report, if needed.

wpaform3.doc • rev. 11/16/09

Page 7 of 8

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP: MassDEP File Number Document Transaction Number

Framingham City/Town

E. Fees 1.

Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.

Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number

3. Check date

4. State Check Number

5. Check date

6. Payor name on check: First Name

7. Payor name on check: Last Name

F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1/10/2010 1. Signature of Applicant

2. Date

1/10/2010 3. Signature of Property Owner (if different)

4. Date

5. Signature of Representative (if any)

6. Date

For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent.

wpaform3.doc • rev. 11/16/09

Page 8 of 8

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

A. Applicant Information 1. Applicant: Michael

Lowery

a. First Name

b. Last Name

Lake Cochituate Watershed Council, Inc. c. Organization

P.O. Box 183 d. Mailing Address

Natick

01760

e. City/Town

f. State

g. Zip Code

508-397-8828

508-370-4509

lowery.mike@gmail.com

h. Phone Number

i. Fax Number

j. Email Address

2. Property Owner (if different): Contact: Mr. Tom

Flannery

a. First Name

b. Last Name

MA Department of Conservation & Recreation - Lakes & Ponds Program c. Organization

251 Causeway Street d. Mailing Address

Boston

02114

e. City/Town

f. State

g. Zip Code

617-626-1250

617-626-1455

Tom.Flannery@state.ma.us

h. Phone Number

i. Fax Number

j. Email Address

3. Project Location: Lake Cochituate a. Street Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent).

B. Fees

Natick (also Framingham, Wayland) b. City/Town

The fee should be calculated using the following six-step process and worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.

Wpaform3.doc • Wetland Fee Transmittal Form • rev. 2/21/08

Page 1 of 2

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

B. Fees (continued) Step 1/Type of Activity

Step 2/Number of Activities

Limited Project - Category 2

Step 3/Individual Activity Fee $500

Step 4/Subtotal Activity Fee

$500

Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee:

$500 a. Total Fee from Step 5

waived b. 1/2 Total Fee less $12.50

waived c. 1/2 Total Fee plus $12.50

C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)

Wpaform3.doc • Wetland Fee Transmittal Form • rev. 2/21/08

Page 2 of 2

Notice of Intent Lake Cochituate â&#x20AC;&#x201C; Wayland, Natick, Framingham Diver hand-pulling of Eurasian Milfoil

PROJECT SUMMARY Project Overview & Purpose: Lake Cochituate is owned by the Commonwealth of Massachusetts and under the jurisdiction of the Conservation Commissions of Wayland, Framingham, and Natick with review and oversight from the Massachusetts Department of Environmental Protection. Lake Cochituate is administered for the Commonwealth by the Department of Conservation and Recreation (DCR). Lake Cochituate suffers a growing problem with the invasive species Eurasian Watermilfoil (Myriophyllum spicatum) which reaches throughout the littoral zone of South and Middle Ponds, and threatens to return in North Pond. While the state and municipalities are severely constrained financially, sponsors and abutters are willing to pay for the removal of milfoil along the shorelines by non-chemical diver-hand pulling and diver assisted suction harvesting (DASH) â&#x20AC;&#x201C; methods allowed by the Commonwealth. Sponsors and Abutters face a substantial, costly, and time-consuming regulatory process to obtain state permission as owner, and local orders of condition from conservation commissions under local regulations and the Wetlands Protection Act. These barriers are so substantial they make it effectively impossible for abutters and sponsors to commit their own funds to remove milfoil from Lake Cochituate. For more than a year the Conservation Commissions of Wayland, Framingham, and Natick have been collaborating with the Massachusetts Department of Conservation and Recreation to find a simpler and cost effective means to permit abutters and sponsors to remove milfoil using techniques allowed by the DCR. This NOI from the Lake Cochituate Watershed Council (LCWC) and similar notices in Framingham and Natick are the result of that collaboration. This NOI seeks to enable and encourage private funds to be used to combat milfoil at no cost to the Commonwealth or the municipalities. We seek to enable this process for the 2011 season, and we hope all three Conservation Commissions will issue Orders of Conditions to permit the proposed activities.

January 10, 2010 - 1

Notice of Intent Lake Cochituate – Wayland, Natick, Framingham Diver hand-pulling of Eurasian Milfoil

Activities Proposed

The proposed activities within Lake Cochituate State Park will enable abutters and sponsors to pay MA DCR-approved contractors using DCR-approved protocols to remove Eurasian Watermilfoil (Myriophyllum spicatum) by using diver-hand pulling. Divers may use a waisthigh suction hose to move the hand-pulled plants to the surface for collection. Disposal will be 100’ from shoreline. The proposed techniques of diver hand-pulling and diver-assisted suction harvesting have been used successfully in Lake Cochituate to remove milfoil from North Pond, between North Pond and Middle Pond, and at the DCR beach, picnic area, and boat launch. There are expected to be at least four possible contractors. Activities will follow DCR Guidelines from its GEIR document with other recommendations specific to this project – which may be revised from time-to-time. The current Guidelines are in Appendix C. The DCR has a set of Special Conditions under which the activity could be permitted. These conditions may be revised from time-to-time and the LCWC understands that the issued Orders of Conditions for this project may be similarly revised. The current Special Conditions are in Appendix D. The DCR and the LCWC will sign a Memorandum of Understanding (MOU) setting out the scope of authority and process to be used. The agreement may be revised from time-to-time by mutual consent. The current MOU is Appendix E.

Process & Responsibilities: Abutters and Sponsors will obtain project permissions from the Lake Cochituate Watershed Council which will be responsible for scheduling, assisting abutters and sponsors with contracting, notifying DCR and Conservation commissions for each abutter/sponsor project, record keeping, contractor supervision, and reporting to DCR and the Conservation Commissions. The DCR will monitor activities and compliance, and certify additional contractors. Yearend reports and statistical data will be provided to Conservation Commissions and DCR by the LCWC

January 10, 2010 - 2

Notice of Intent Lake Cochituate – Wayland, Natick, Framingham Diver hand-pulling of Eurasian Milfoil

II.

Wetlands Resources at or Near the Site

The wetlands resource is within the lake itself extending from the shoreline through the littoral zone; predominantly within 50’ of the shoreline. Commonly, the contractor will be engaged to clear a swimming section of shoreline, and optionally a path to and from a boat dock, allowing boats to reach the dock without creating milfoil fragments. See Appendix C for a DCR-provided detailed description of methods and Appendix D DCRrecommended special conditions. Lake Cochituate is within an NHESP delineation, and an MESA filing has been made - see Appendix B.

III.

Resource Area Impacts

The removal of invasive milfoil through hand-pulling and DASH will benefit the resource area by improving habitat for native plants and slow eutrophication of the lake by removal of nutrients. Proposed activities will slow the spread of invasive plants throughout the lake. Proposed activities will also provide safer recreational uses although we understand that this is not a factor in your considerations. Harvested plants will be contained in mesh bags and surface workers will skim fragments which may have escaped the diver. Disposal of harvested plants will be 100’ from shoreline, and not on DCR property except by expressed consent. If suction-harvesting is used, the suction-hose will be at waist level and be used only to convey hand-harvested plants to the surface.

January 10, 2010 - 3

Notice of Intent Lake Cochituate – Wayland, Natick, Framingham Diver hand-pulling of Eurasian Milfoil

IV.

Alternatives Considered

Whole-lake herbicide treatments have been proposed in the past and have not achieved regulatory approval. The DCR is currently financially unable to fund such activities. Spot herbicide treatment may be considered and if properly located and isolated might achieve regulatory approval – but these methods are not suitable for individual abutters and may not be suitable for all locations. DCR is not prepared at this time to enable abutters to use benthic barriers, although this technique might be considered in the future.

APPENDECES: A. MAPS – Project Proposed Areas (all three towns included) 1. Wayland 2. Framingham 3. Natick B. NHESP - MESA filing C. MA DCR – GEIR Standard Operating Guidelines for Hand-pulling and DASH D. MA DCR – Special Conditions for Hand Pulling and DASH in Lake Cochituate E. MA DCR – Memorandum of Understanding DCR/LCWC F. Abutter Notifications (town-specific) 1. Wayland 2. Framingham 3. Natick

January 10, 2010 - 4

APPENDIX A1

Project Area Map - Wayland.png

APPENDIX A2

Project Area Map - Framingham.png

APPENDIX A3

Project Area Map - Natick.png

APPPENDIX B v2

January 3, 2011

Natural Heritage & Endangered Species Program Massachusetts Division of Fisheries & Wildlife One Rabbit Hill Road Westborough, MA 01581 Re: Notices of Intent Filing 2010 â&#x20AC;&#x201C; Lake Cochituate State Park, Natick, MA To Whom It May Concern: Enclosed please find copies of three substantially identical Notice of Intent Applications, submitted by the Lake Cochituate Watershed Council to the Conservation Commissions of Natick, Wayland, and Framingham for diver-hand pulling of invasive aquatic weeds in Lake Cochituate in cooperation with the Massachusetts Department of Conservation and Recreation. Based on the 2008 edition of the Massachusetts Natural Heritage Atlas the project site is located within Estimated and Priority Habitat (EH 95/PH 200). The proposed project within Lake Cochituate State Park will enable abutters and sponsors to pay MA DCR approved contractors and protocols to remove Eurasian Watermilfoil (Myriophyllum spicatum) by using diver-hand pulling. Divers may use a waist-high suction hose to move the hand-pulled plants to the surface for collection. This project will enhance habitat for native species, provide safe recreational uses by abutters and reduce the creation of milfoil fragments from propellers of boats docking at the shoreline. These projects will reduce invasive milfoil at no cost to the Commonwealth. We expect a limited number of abutters will participate initially, since the cost can be considerable. In total approximately 2-5 acres at 10-20 sites per year might be affected. We presume that the proposed project is exempt from MESA review based on the exemption 321 CMS 10.14 (15) â&#x20AC;Ś the active management of State-listed Species habitat, including but not limited to mowing, cutting, burning, or pruning of vegetation, or removing exotic or invasive species, for the purpose of maintaining or enhancing the habitat for the benefit of

APPPENDIX B v2

rare species, provided that the management is carried out in accordance with a habitat management plan approved in writing by the Division and;

We are also including attached correspondence between NHESP and ESS, Inc. A copy of the Boreal Turret Snail Study referenced in the letter has also been attached for your review. We look forward to receiving comments from NHESP on this proposed project. Please feel free to contact me directly should you require any additional information. Sincerely, LAKE COCHITUATE WATERSHED COUNCIL

Michael P. Lowery Project Coordinator 508-397-8828 PDF Copies: Mr. Tom Flannery, MA DCR Mr. Bob Bois, Conservation Administrator, Town of Natick Mr. Brian Monahan, Conservation Administrator, Town of Wayland Mr. Darren Guertin, Conservation Administrator, Town of Framingham

Lake Cochituate Watershed Council Box 183, Natick, Massachusetts 01760

Registered 501(c)(3) ID: 320-303-380 www.lcwcs.org

APPPENDIX B v2

MESA PROJECT REVIEW CHECKLIST Massachusetts Endangered Species Act M.G.L. c. 131A and Regulations (321 CMR 10.00)

Massachusetts Division of Fisheries & Wildlife Natural Heritage & Endangered Species Program

~~~~ CONTACT INFORMATION ~~~~ If you already completed your Notice of Intent- Form 3, you can send page 1 of the NOI in place of questions 1 through 4 in this section

1. Project Location: Lake Cochituate, Cochituate State Park

Natick, Framingham, Wayland

Street Address/Location

City/Town

Assessors Map/Plat Number

Parcel /Lot Number

2. Applicant: Michael First Name

Lowery Last Name

01760 Zip Code

Lake Cochituate Watershed Council Company

P.O. Box 183 Mailing Address

Natick City/Town

508.397.8828 Phone Number

MA State

508.370.4509 Fax Number

3. Property owner (if different from applicant): c/o Mr. Tom Flannery First Name

Last Name

01760 Zip Code

lowery.mike@gmail.com Email address

MA DCR, Lakes & Ponds Program Company

251 Causeway Street Mailing Address

Boston City/Town

617.720.8500 Phone Number

MA State

617.626.1455 Fax Number

02114 Zip Code

Tom.Flannery@state.ma.us Email address

4. Representative (if any): Company Contact Person First Name

Contact Person Last Name

Mailing Address City/Town Phone Number

Revised June 2009

State Fax Number

Zip Code Email address

APPPENDIX B v2

~~~~ADDITIONAL INFORMATION ~~~~ 1. Will this project require a filing with the Conservation Commission and/or DEP?

No Yes ✔

2. Will this project meet any threshold for a MA Environmental Policy Act (MEPA) filing ✔ No Yes

(excluding rare species, 301 CMR 11.03 (2))? 3 . Has this project previously been issued a NHESP Tracking Number (either by previous

No Yes ✔

NOI Submittal or MESA Information Request Form)? If Yes -

~~~~PROJECT DESCRIPTION

Tracking No._________________

(attach separate sheet, as needed) ~ ~ ~ ~

Please note, certain projects or activities are exempt from review, see 321 CMR 10.14. The MESA does not allow project segmentation. Your filing must reflect all anticipated work associated with the proposed project (CMR 321 10.16).

The proposed project within Lake Cochituate State Park will enable abutters and sponsors to pay MA DCR approved ______________________________________________________________________________________________ approved contractors and protocols to remove Eurasian Watermilfoil (Myriophyllum spicatum) by using diver-hand ______________________________________________________________________________________________ pulling. . Divers may use a waist-high suction hose to move the hand-pulled plants to the surface for collection. ______________________________________________________________________________________________ This project will enhance habitat for native species, provide safe recreational uses by abutters and reduce the ______________________________________________________________________________________________ the creation of milfoil fragments from propellers of boats docking at the shoreline. ______________________________________________________________________________________________ The project will reduce invasive milfoil at no cost to the Commonwealth. ______________________________________________________________________________________________

~~~~INCLUDE THE FOLLOWING INFORMATION ~~~~ The NHESP will notify the applicant within 30 days if the materials submitted do not satisfy requirements for a filing and request submission of any missing materials (321 CMR 10.18(1)).

ALL Applicants must submit: ✔

USGS map (1:24,000 or 1:25,000) with property boundary clearly outlined Project plans for entire site (including wetland Resource Areas, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work)

✔

Project description

Photographs representative of the site

Assessor’s map or right-of-way plan of site Statement/proof that applicant is the Record Owner or that applicant is a person authorized in writing by the record owner to submit this filing

Projects altering* 10 or more acres, must also submit:

A vegetation cover type map of the site Project plans showing Priority Habitat boundaries

The NHESP may request additional information, such as, but not limited to, species and habitat surveys, wetland reports, soil map and reports, and stormwater management reports (321 CMR 10.16). *Alteration: Any physical alteration of land, soils, drainage or destruction of plant life, see “Project or Activity” (321 CMR 10.02). Revised June 2009

APPPENDIX B v2

~~~~ FILING FEES ~~~~ See Fee Schedule below

700+ 5.0 a. Total MESA Fee Paid____________ b. Acreage of Disturbance*___________ c. Total Site Acreage____________

~~~~ REQUIRED SIGNATURES~~~~ I hereby certify under the penalties of perjury that the foregoing MESA filing and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge.

Signature of Property Owner/Record Owner of Property

Date

Signature of Applicant (required, if different from Owner)

Date

Please send form, required information, and filing fee (payable to â&#x20AC;&#x153;Comm. of MA - NHESPâ&#x20AC;?) to: Regulatory Review Natural Heritage & Endangered Species Program 1 Rabbit Hill Road Westborough, MA 01581

Questions regarding this form should be directed according to the county that the property is located: Berkshire, Essex, Franklin, Hampshire, Hampden, Middlesex & Worcester Counties call: 508-389-6361 Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth & Suffolk Counties call: 508-389-6364

PROJECT REVIEWS 321 CMR 10.18 Project Definition Simple

Project Criteria Less than 5 acres of disturbance*

Fee

Response Time

$ 300.00

60 days from determination of complete filing

Intermediate (Moderate)

5 to 20 acres of disturbance*

$ 1800.00

60 days from determination of complete filing

Complex

More than 20 acres of disturbance* or project requires wetlands variance

$ 4000.00

60 days from determination of complete filing

Projects greater than 1 mile in length.

$ 4000.00 per Priority Habitat intersected

60 days from determination of complete filing

Linear

* Disturbance means direct physical disturbance of the land surface or waterbody, soil and/or vegetation, if only a portion of the project site is located within Priority Habitat, indicate total area of disturbance for site as a whole. Revised June 2009

APPPENDIX B v2

MESA Area of Inquiry marked USGS.png

APPPENDIX B v2

February 17,2009

Natural Heritage & Endangered Species Program Massachusetts DIvision of Fisheries & Wildlife One RabbIt Hitl Road Westborough, MA 01581 Re: Notice of Intent Filing 2009 - Lake Cochituate State Park - Natick, MA To Whom It May Concem: Enclosed please find a copy of the Notice of Intent Application submitted by the Department of Conservation & Recreation for an Aquatic Management Program at Lake Cochltuate State Park in Natick. Based on the 2008 edition of the Massachusetts Natural Hentage Atlas the project site on Middle Pond site is located within Estimated and Pnonty Habltat(EH 95/PH 200). The proposed project at Lake Cochltuate State Park is designed to target control of Eurasian waterrnllfoil (Myriophyllum spicatum) In the area of the State mamtained, beach, boat ramp and kayak rental facJ!lty In order to maintain safe recreational access and reduce the potential for mllfoil spread to nearby waterbodies from exiting watercraft. The milfoil control project will also enhance edge habItat Increasing foraging habitat for game species and create beneficial open water habitat for fish and wildlife. A reduction of plant biomass 111 this area will also increase water cIrculation and should help to reduce bactenal counts which according to Park officials have been high 111 the SWlm area. The proposed management plan will focus on the control of the milfoil using aquatic herbicides and hand-pulling in an approximately 5 acre area in the northwestern extent of Middle Pond. Although we presume that the proposed project is exempt from MESA review based on exemption 321 CMR 10.14 (11) and the attached correspondence between NHESP and ESS, Inc.; we have submltted this filIng with the required MESA review fee ($300) to initiate the review process in the event that our presumptions are incorrect. A copy of the Boreal Turret Snail Study referenced In the letter has also been attached for your reVlew. We look forward to receiv111g comments from NHESP on thlS proposed proJect. Please feel free to contact me dIrectly, should you reqUIre any additional information. S1l1cerely, LOGY, INC.

Michael Lennon Biologist

Aquatic Control Technology, Inc. 11 John Road • Sutton, MA 01590-2509 • (508) 865-1000 • Fax (508) 865-1220 • info@aquaticcontroltech.com

APPPENDIX B v2 Commonwealth ofMassacl/llsetls

Mass Wildlife

Diwilion 01 filherriel '" Vildli'e Wayne F. MacCallum, Director

July 21, 2005 Thomas Liddy ESS Group, Inc. 888 Worcester Street, Suite 240 Wellesley, MA 02482 Re:

Lake Cocbituate Data Request Framingham, Natick, and Wayland, MA NHESP Tracking Number: 05-18215

Dear Mr. Liddy, Thank you for contacting the Natural Heritage and Endangered Species Program ("NHESP") of the MA Division of Fisheries & Wildlife for infonnation regarding state-protected rare species in the vicinity of the above referenced site We have reviewed the site and would like to offer the following comments. At tills time we are not aware of any current rare plant or animal records in the vicinity oftbis site. The NHESP has illstorical records of both Bridle Shiner (Notropis bifrenatus) and Boreal Turret Snail (Valvata sincera) located within Lake Cocbituate. The NHESP considers records last observed 25 years ago or more to be "historic" for the purpose of state-listed species regulatory review. The NHESP understands that surveys for the Boreal Turret Snail may be performed in Lake Cochituate this summer. If the species is found, this project's plans must be reviewed by the NHESP for compliance with the state-listed rare species protection provisions of MESA (321 CMR 10.00) and/or the WPA (310 CMR 10.00). If the project site is within Estimated Habitat for Rare Wildlife and a Notice ofIntent (N0l) is required, then a copy of the NOI must be submitted to the NHESP in a timely manner, so that it is received at the same time as the local conservation commission. If the proposed project is located within a Priority Habitat, then project plans, a fee, and other required filing materials must be sent to NHESP Environmental Review to determine whether a probable "take" under the MA Endangered Species Act would occur (321 CMR 10.18). For a MESA filing checklist and additional information about the MESA review process, please see our websi.te: www.nhesp.org under the "Regulatory Review" tab. This evaluation is based on the most recent information available in the NHESP database, which is constantly being expanded and updated through ongoing research and inventory. Should your site plans change, or new rare species information become available, this evaluation may be reconsidered. If you have any questions regarding this review please call Joanne Theriault, Environmental Review Assistant, at ext. 310.

Thomas W. French, Ph.D. Assistant Director

www.masswildli[e. org

Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792-7270 Fax (508) 792-7275 An Agel1cy oj the Depar!lIlel1t of Fisheries. Wildlife & El1virol1mell(a/ Law Enjorcel1lel1t

APPPENDIX B v2

Douglas Grant Smith 30 Montague Road Sunderland, MA 01375 25 October 2005 Mike Gildesgame Office Water Resources Massachusetts OCR 25 1 Causeway Street Boston, MA 02114 Dear Mike, The following report provides the results of a survey of Lake Cochi tuate, with the assistance of the Massachusetts DCR (10/20/05), for the presence or absence of Valvata sincera, the boreal turret snail, in the lake. Sampling was at 6 stations throughout the iake and was concentrated in areas characterized by above neutral values and the presence of water mil foil, Myriophyllum sp., a rooted aquatic plant, upon which the snail grazes for microbials. Studies have shown that V. sincera is limited by pH, its preferred range is 7-9, and is intolerant of even slightly acidic water. The table below shows the distribution of snail species encountered in the lake. The station key is on page 2.

Gastropoda (snails) Prosobranchia (operculate snails) Viviparidae Be llamya chinensis Hydrobiidae Amnicola limosa Pulmonata (air breathing snails) Physidae Physa sp. Planorbidae Helisoma anceps Helisoma campanulata Gyraulus sp. (?hirsutus) Pelecypod a (clams) Sphaeriidae Musculium partumeium Pisidium sp.

Key:

(not sampled but observed near shore)

a a

o a a a

o a

a a

a = absent, - = present but rare, + = common

o o

+ +

a a

APPPENDIX B v2

Stations: 1, Boat launch, pH = 5.5-6.0, 4 feet; 2, Beach, pH = 7.1-7.4, 4-5 feet; 3, Middle Pond-Snake Brook, river, pH = 7.2, 2-4 feet; 4, Middle Pond-Snake Brook Cove, pH = 7.2-7.3,3-4 feet; 5, North Pond-pump house, pH = 7.4,2-3 feet; 6, North Pond-dam, pH = 7.5,5 feet. As can be seen, Valvata sincera was not detected. The species is a member of the Valvatidae, a family of operculate snails characterized by a planospiral shell with a round aperture and a distinct multispiral operculum. All me.mbers of the Valvatidae are calciphiles and tend to occur in marl lakes, limited to Berkshire Co. in Massachusetts. Ph values in Lake Cochituate are barely adequate to support populations of this species.

APPPENDIX B v2

Lake Cochituate State Park Boreal turret. snail survey October 2.0,2005 '~)\Q .iJI;,''lhr/~. ..~. ,:,;::~~ . . .:.

.? ".. l;::~路路XF

~I~", ' . l~"

Sample Sites Map Prepared by DCR Lakes & Ponds

APPPENDIX B v2

NOI APPENDIX C

Standard Operating Guidelines for Hand Harvesting and DASH v2.0

Standard Operating Guidelines for Hand-harvesting from the Practical Guide to Lake Management in Massachusetts (GEIR) Performance Guidelines 1. Map the distribution of the target species and any protected non-target species in the lake 2. Train all harvesting personnel to recognize the target species and any non-target species of concern 3. Restrict hand harvesting to areas of sparse density of the target species (<500 stems/acre in most cases) 4. Provide fragment barrier around areas to be harvested and bags in which harvested plants are to be placed 5. Harvest entire plants; pull out root systems to the greatest extent possible 6. Observe safety precautions in areas where boat traffic may be encountered or other risks exist; provide spotters on the surface for all divers 7. Monitor turbidity in the harvest area before, during and after harvest 8. Monitor pre- and post-harvest density of target plants 9. Plan for follow-up inspection and harvesting within the same growing season and in the following growing season

Standard Operating Guidelines for Hand-Harvesting from the Guidance for Aquatic Plant Management in Lakes and Ponds (DEP) Areas of target species for control and areas of non-target species should be identified and indicated on a map of appropriate scale. Methods for minimizing turbidity during harvesting should be identified and implemented when feasible. A method for collection of plant material that is cut and a disposal location of plant material that is to be removed from the water body should be identified in order to prevent decomposition that may result in lower dissolved oxygen in the water column.

NOI APPENDIX C

Standard Operating Guidelines for Hand Harvesting and DASH v2.0

Standard Operating Guidelines for Hand-Harvesting from the Standard Operating Procedures: Using Hand-Pulling and Benthic Barriers to Control Pioneer Populations of Non-Native Aquatic Species- A Guide for Volunteers (DCR) A. CONTROL OF SUBMERGED AQUATIC PLANTS HANDPULLING SUBMERGED SPECIES SUMMARY This inexpensive technique is favored for controlling small pioneer infestations or where a large pool of volunteer labor is available. Although this technique is very species specific and causes minimal damage to non-target species or other biota, many submerged non-native species spread by fragmentation, so extreme caution must be exercised when hand pulling to prevent additional spread. Although hand pulling is an inexpensive management technique, the use of SCUBA divers may increase the cost, and post monitoring is essential. SAFETY CONSIDERATIONS It is essential to carry out this technique with a partner, rather than alone, and to take into consideration weather conditions, such as extreme heat or approaching storms. Life jackets are strongly recommended, and always follow the boating/water rules and regulations. If SCUBA divers are required, the divers will follow the safety guidelines outline by PADI, SCUBA or the certifying company. MATERIALS · Plant bags & nets · Spotter boat (if needed) · Scuba divers (if needed) · Plant guide, note pad and markers (permanent ink) · Life vests · Water, sunscreen, polarized glasses, hat with a brim PROCEDURE 1. If plants are in deep water, arrange for a spotter boat and two volunteers: one to drive and one to net any fragments that may float up. If the plants are confined to shallow waters, waders and view scopes (or mask/snorkel) may suffice. 2. Have a volunteer on shore keep notes on the amount of plants removed, the time spent on removal, names of participants etc. It is important to have volunteers sign in and out so that they are accounted for. 3. Begin at the furthest boundary of the defined area and line up the volunteers along the boundary. Work towards the shore with the volunteers maintaining the line formation. Volunteers should go no more than chest deep, depending

NOI APPENDIX C

Standard Operating Guidelines for Hand Harvesting and DASH v2.0

on the slope of the shore and type of bottom. 4. Remove target plants from the base, removing the entire root while disturbing the sediment as little as possible. Place the removed plants carefully in a collecting bag, and take care not to fragment the plants or leave any fragments in the water. The spotter boat should remain nearby, down wind/current, and have a volunteer with a net collect any fragments and place them in a storage bag. The boat operator needs to be very cautious of the volunteers in the water. 5. Repeat steps 3 and 4 until all the target plants have been removed. Depending on the number of volunteers, type of sediment, depth of water and other factors, expect this project to take a few days since the removal of the plants can create turbidity and make visibility very difficult. 6. Once the removal is complete, dispose of the contents of the storage bags far from the water so that they cannot cause a re-infestation. 7. Record the final details of the procedure and include date, time, site, town, volunteers involved, size of area pulled, approximate volume of plants removed, how they were disposed of and other relevant notes. 8. To ensure effectiveness of treatment, monitor the site monthly during the growing season for reappearance of the non-native species. Remove any surviving plants. B. Control of Floating-leaved Non-native Plants HAND PULLING FLOATING LEAVED SPECIES SUMMARY This inexpensive technique is favored for small to medium sized infestations or where a large pool of volunteer labor is available. Since the floating-leaved plants do not spread by fragmentation, this technique is very species specific with minimal risk of additional spread. Although hand pulling is an inexpensive management technique, post monitoring for re-growth and new plants is essential because many plants drop seeds that remain viable for years. SAFETY CONSIDERATIONS It is essential to carry out this technique with a partner and to take into consideration weather conditions. Life jackets are recommended and always follow the boating regulations. MATERIALS

NOI APPENDIX C

Standard Operating Guidelines for Hand Harvesting and DASH v2.0

es, hat with a brim

PROCEDURE 1. Timing: Mid-June is the best time to pull floating-leaved plants since they are visible at the waterâ&#x20AC;&#x2122;s surface, are still small, and have not produced seeds. Water Chestnut must be pulled prior to August, before the nuts have formed. If hand pulling after August is inevitable, then take care to pull plants very carefully and to turn them upside down during retrieval to prevent the seeds from dropping into the water. 2. Boats: Kayaks and canoes are ideal vessels for hand pulling floating leaved species. Kayaks are easier to transport to remote locations, and are more maneuverable, especially in shallow water and dense plant growth. Since kayaks only require one person to paddle, their use maximizes the use of available volunteers. Canoes have the advantage of being able to carry a greater quantity of pulled plants, but generally require two volunteers to paddle and steer. Pontoon boats increase the efficiency of the hand pulling project in several ways. They can carry all the supplies, volunteers and kayaks/canoes to the location and then once unloaded, can be used to store and transport the plants. (ex. An average pontoon boat can carry around 1000 pounds of water chestnut plants.) Kayakers and canoes can save time and energy by trading full laundry baskets for empty ones at the pontoon boat, instead to traveling to and from shore each time. 3. If plants are confined to shallow waters near shore, then volunteers with waders may suffice. 4. Plastic laundry baskets are ideal collection containers because they are inexpensive, light weight, can be secured to the kayak with bungee cords and drain excess water. Two handled plastic tubs also work well in canoes. For hand pulling projects near shore, Leaf Tip bags will suffice. 5. Prior to beginning a hand pulling event, give volunteers a brief history of the species, its impacts, and emphasize species identification. Keep a list of the names of participants and have volunteers sign in and out so that they can be accounted. 6. Remove target plants from the base, removing the entire root and stem.

NOI APPENDIX C

Standard Operating Guidelines for Hand Harvesting and DASH v2.0

Place the removed plants carefully in the collecting basket/bag. 7. Once the basket is full return to shore (or a stationary pontoon boat) and turn in the basket to be weighed (or plants counted). Assign a volunteer to keep notes on the weight or number of plants removed. This data is helpful for tracking population decreases year to year as a result of the hand pulling effort. If uniform bags or baskets are used, 10 loads can be averaged to determine the approximate weight and plant count per load. This will eliminate the need to weigh or count plants for every load collected. Plants should be disposed of on dry land, far above the high water mark. Some towns or local companies may be willing to haul away and compost or incinerate the removed plants. 8. Record the final details including date, weather, beginning and end time, site, town, number of volunteers, size of area pulled, number (or weight) of plants removed, how they were disposed of and other relevant notes. 9. Return to the site in one month and hand pull any new growth. Continue to monitor the site monthly (if possible) during the growing season.

NOI APPENDIX D

v2.0

MA DCR Special Conditions and Standard Operating Guidelines for Hand-Pulling and Diver-Assisted Suction Harvesting (DASH) in Lake Cochituate Pre-Harvesting 1. The Lake Cochituate Watershed Council (LCWC) must present the contractor with this valid Order of Conditions (OOC) and must possess the document at all times during the project. The LCWC is responsible to ensure that the contractor follows all conditions and standard operating guidelines provided in this document. 2. As stated above, LCWC must ensure that the contractor follows all standard operating guidelines for hand-pulling or DASH. Applicable guidelines from the Practical Guide for Lake Management in Lakes and Ponds (GEIR) and Department of Environmental Protection (DEP) Guidance for Aquatic Plant Management in Lakes and Ponds are provided in this document. 3. Contractor must be pre-approved for hand-pulling and DASH by DCR Lakes and Ponds Program. The contractor is approved if he/she is on DCR Lakes and Ponds Assessment and Management (388a) Master Service Agreement list or provides sufficient documentation for insurance (see Memorandum of Agreement), licensing and certifications (SCUBA certification from a National organization, formal DASH and/or hand-pulling experience), and experience in the field of aquatic plant management including hand-pulling and DASH for at least five (5) years. 4. LCWC must ensure that the electronic pre-harvesting application is complete prior to beginning each project. [insert link when available]. 5. Pre-harvesting survey must include the following at a minimum: Pre-management aquatic vegetation survey/map/narrative by qualified personnel, plant bio-volume or relative density, species composition, total area proposed for management (acres/sq. feet, etc.), water depths and substrate type, basic water quality parameters (D.O. and turbidity pre/during/post-harvesting), methodology proposed, disposal of plants, contact names and numbers for field staff and manager, and anticipated date(s) for work. This must be submitted electronically to DCR and all three Conservation Commissions (Natick, Wayland, and Framingham). 6. Definitive date(s) for work must be submitted to DCR Lakes and Ponds Program, Cochituate State Park Supervisor, and the Conservation Commissions at least 48 hours prior to beginning work to allow for site inspections if desired. 7. At that time, contractor must submit their equipment decontamination protocol before entering and after leaving Lake Cochituate. DCR staff will be allowed an opportunity to inspect equipment if desired.

NOI APPENDIX D

v2.0

8. Also at that time, the contractor must provide a copy of their current insurance coverage, listing DCR and LCWC as an additional insured. This official document can be obtained from the contractorâ&#x20AC;&#x2122;s insurance provider.

During Harvesting 9. Only traditional diver hand-pulling or DASH methods for removing non-native aquatic vegetation is allowed under this permit. Intentional removal of native plant species is not allowed at any time and is considered a violation of this permit. Mechanical harvesting, hydro-raking, benthic barriers, herbicides, or any other technique are not allowed under this permit. 10. DASH is to be used only to assist the transport of plants to the surface and is not to be used as a suction dredge at any time. The diver must remove the root structure by hand first and then feed the plant into the suction tube for transport. 11. The mesh collection bags on the DASH unit must be fine enough to capture all plant fragments. 12. For DASH projects specifically, the consultant must monitor basic water quality parameters (dissolved oxygen and turbidity at a minimum) before, during, and after the DASH operation is complete. 13. Methods for minimizing turbidity during harvesting should be identified and implemented. 14. Anyone physically conducting diver hand-pulling or DASH must possess at least open-water SCUBA certification from a National organization (PADI, NAUI, etc.) and must be trained/certified in the specific technique utilized. 15. Contractor will possess oil-containment materials on-board the vessel at all times and will report all spills immediately. 16. Every effort must be made to remove the entire root structures of non-native plants harvested and to collect plant fragments created by the harvesting activities. 17. There must be at least one worker on the surface for safety and plant fragment collection at all times. 18. Contractor must collect data during the harvesting project to track amount of material removed. At a minimum, data should include a volume (gallons, etc.), an estimate of number of plants removed, diver log, hours worked, etc.

NOI APPENDIX D

v2.0

19. Proper disposal of harvested materials is the responsibility of the contractor and LCWC. Harvested material is not to be disposed on State Park property. 20. No work is to be done on weekends or holidays. As mentioned previously, the State Park Supervisor is to be notified by the contractor regarding date(s) of work and the Supervisor reserves the right to deny work on any date(s) above and beyond weekends or holidays. Post-Harvesting 21. LCWC must ensure that a concise final report is submitted within 60 days of the completion of the project and must include at a minimum: Acreage/square footage of the site, depths, substrate type, plant species, relative abundance (percent cover), amount/volume removed, number of plants removed, basic water quality parameters (D.O. and turbidity pre/during/post-harvesting), where disposed, time to complete, costs, pre and post maps, etc. The report must be submitted electronically to DCR and the three Conservation Commissions.

NOI APPENDIX D

Memorandum of Understanding Between: Massachusetts Department of Conservation and Recreation Lake Cochituate Watershed Council

(document to be supplied by MA DCR)