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HomeMy WebLinkAboutRequest for amended Order of Conditions 7 September RED LILY POND PROJECT ASSOCIATION, INC. 39 Prospect Avenue, Centerville, MA 02632 September 7, 2022 By hand delivery and delivery by email Darcy Karle and Kimberly Cavanaugh Barnstable Conservation Commission 230 South Street Hyannis MA 02601 Re: Request for Amended Order of Conditions, SE3-5862, Agenda Item for Sept. 27, 2022 Meeting of Barnstable Conservation Commission Dear Darcy and Kim, The Red Lily Pond Project Association, Inc., requests that the Barnstable Conservation Commission amend the Order of Conditions dated June 27, 2022 in file number SE3-5862. The Notice of Intent for the cutting and removal of macrophytes in selected areas of Lake Elizabeth and the Red Lily Pond in Craigville Village, Centerville, was predicated on the use of a large mechanical barge, called an Eco Cutter, during the operation. Subsequent to issuance of the Order of Conditions, a detailed bathymetry chart was prepared and submitted to the Conservation Department, and the water depths in both ponds are insufficient to permit use of the Eco Cutter. Therefore, the cutting and removal of macrophytes will be performed manually, at least this year, using nonmotorized watercraft (a 15’ flat-bottomed fishing platform, a rowboat, and kayaks and canoes). As a result, far less turbidity or disturbance of the pond ecosystems will occur. In summary, the changes requested are to amend the representative of the applicant to reflect a change in the Presidency of the RLPPA, to amend the Special Conditions to clarify that manual cutting and removal of macrophytes is permissible, and to remove the prohibition on manual cutting between September 1 and October 31. Manual cutting will not disturb herring or other aquatic life, and eliminating this date restriction has been cleared with the Barnstable Herring Warden. Name of Applicant and Mailing Address Red Lily Pond Project Association, Inc. Patricia Deyton, President 39 Prospect Avenue Centerville, Massachusetts 02632 Project Owner, Location, Assessor’s Map and Lot number Owner: Commonwealth of Massachusetts, Dept. of Environmental Protection 1 Winter Street, 5th Floor, Boston, Massachusetts 02108 Project location: Red Lily Pond & Lake Elizabeth Assessors Map/Plat Number: 226/227 Detailed Description of Modification and Analysis of Impacts Specifically, we ask that the representative of the Applicant be changed to Patricia Deyton, President, 39 Prospect Street, Centerville, MA 02632, and that the Special Conditions be amended as follows (relevant language is highlighted in yellow): Condition number 16 currently states: Macrophyte material may be cut to a minimum of six (6) inches from the bottom by eco cutter. We request that this condition be amended to add the following language: Alternatively, in designated areas, macrophyte material may be removed manually, either by cutting the material or pulling it up, using rakes and specialized pond vegetation-cutting equipment approved by the Conservation Administrator. Condition number 18 includes the following restriction: Time of year restrictions (TOYs) for this project run from March 15-June 30th and September 1st to October 31st. We request that this condition be amended to state: Time of year restrictions (TOYs) for this project run from March 15-June 30th, and, if the Eco Cutter or similar equipment is used, from September 1st to October 31st. Permitting the manual cutting and removal of macrophytes during September and October should have no impact on fish, other aquatic animals, or birds, or on the ecosystem, since turbidity will be minimal, in the absence of motorized watercraft and of mechanical cutting and collection equipment. The presence of herring fry will be nonexistent or minimal, since only a handful of herring have been spotted during repeated herring monitoring observations of the Lake Elizabeth herring run over the last two spawning seasons (the failure of the dam and fish ladder in 2018 destroyed the pathway for herring to migrate into Lake Elizabeth and from Lake Elizabeth into Red Lily Pond). We have checked with Herring Warden Amy Croteau, and she said that she does not object to the changes discussed herein, although she deferred to the Conservation Department about whether there would be other reasons not to grant the requested modifications. Condition number 21 includes the following requirement: There shall be a pre mowing meeting with the operator of the eco cutter, Conservation Agent and herring Warden/designated MEA staff person, to go over special conditions prior to any mowing. We request that this condition be amended to state: There shall be a pre operation meeting with the operator of the eco cutter (if applicable), Conservation Agent and herring Warden/designated MEA staff person, to go over special conditions prior to any mowing or manual cutting. Condition number 24 states: This Order of Conditions is granted with the understanding that mechanical mowing of aquatic vegetation will be performed with an Eco-Cutter belonging to the Town of Brewster, operated by an employee of the Town of Brewster, with the knowledge and cooperation of the Town of Barnstable Department of Public Works, and with all costs paid by the Red Lily Pond Project Association, Inc. If alternative arrangements are made with a private contractor to perform any mowing, the private contractor must be certified as qualified to remove aquatic vegetation and the private contractor and the operating plan for the mowing must be cleared with the Brewster Conservation Administrator, or her designee. We request that this condition be amended to state: This Order of Conditions is granted with the understanding that macrophytes will be cut and removed manually or by mechanical mowing of aquatic vegetation performed with an Eco-Cutter belonging to the Town of Brewster, operated by an employee of the Town of Brewster, with the knowledge and cooperation of the Town of Barnstable Department of Public Works, and with all costs paid by the Red Lily Pond Project Association, Inc. If alternative arrangements are made with a private contractor to perform any other form of mechanical mowing, the private contractor must be certified as qualified to remove aquatic vegetation and the private contractor and the operating plan for the mowing must be cleared with the Brewster Conservation Administrator, or her designee. If cutting and removal of macrophytes will proceed manually, operations will be discussed and approved in advance with the Barnstable Conservation Administrator or her designee. We also attach items previously submitted to the Conservation Administrator as required by the Order of Conditions. We will submit the Abutters List, Notice to Abutters, and Proof of Service information under separate cover within the next few days. Sincerely, Douglas Farquhar, Vice President Red Lily Pond Project Association, Inc. Submission Required by Order of Conditions SE3-5862 Macrophyte Cutting and Removal in Red Lily Pond And Lake Elizabeth, Craigville, Massachusetts 02632 In compliance with the above-referenced Order of Conditions, issued by the Barnstable Conservation Commission, the Red Lily Pond Project Association, Inc. (“RLPPA”) submits the following description of the operation scheduled to begin September 26, 2022, to cut and remove macrophytes from designated portions of Red Lily Pond and Lake Elizabeth in Craigville Village, Centerville, Massachusetts. Area to be harvested RLPPA has staked two areas in each of the ponds for harvesting. These areas are depicted in aerial photographs on the next four pages. The Order of Conditions limited harvesting to 25% of the vegetation in the ponds. The approximate area of Red Lily Pond is 202,000 square feet (about 4.5 acres); the approximate area of Lake Elizabeth is 245,000 square feet (about 5.5 acres). Nearly all of each body of water contains either subsurface or above-water vegetation. The approximate area of each of the areas where vegetation is planned to be harvested is as follows: Lake Elizabeth Area 1: less than 6,000 square feet Lake Elizabeth Area 2: less than 23,000 square feet Red Lily Pond Area 1: less than 4,000 square feet Red Lily Pond Area 2: less than 7,500 square feet The area to be addressed in this operation is therefore well below 25% of the vegetated area, as calculated below: Total area in Lake Elizabeth: <12% (29,000 square feet/245,000 square feet) Total area in Red Lily Pond: <6% (11,500 square feet/202,000 square feet) Diagrams of areas to be harvested in Lake Elizabeth Current state of vegetation, as of August 5, 2022 (to orient, a portion of Lake Elizabeth Drive in front of 105 Lake Elizabeth Drive can be seen in the lower right-hand corner; the causeway between the two ponds and the little beach near that causeway are in the lower left-hand corner): Proposed areas of Lake Elizabeth where macrophyte removal operations will take place (surrounded in yellow: red-bordered rectangles show the areas where the detailed inset photographs that follow were taken): Lake Elizabeth, area 1 Lake Elizabeth, area 2 Detailed photographs showing proposed areas of Lake Elizabeth where macrophyte removal operations will take place (periphery of areas to be harvested has been staked: areas are surrounded in yellow) (photographs taken on August 22, 2022): Lake Elizabeth, area 2 Lake Elizabeth, area 1 Diagrams of areas to be harvested in Red Lily Pond Current state of vegetation in Red Lily Pond, as of August 5, 2022 (to orient, the causeway between the two ponds is in the far left -hand side of the photo collage; the Craigville Inn and dining room are at the top of the photo just to the left of center): Proposed areas in Red Lily Pond where macrophyte removal operations will take place (surrounded in faint yellow line: red-bordered rectangles show the areas where the detailed inset photographs that follow were taken): Red Lily Pond, area 1 Red Lily Pond, area 2 Detailed photographs showing proposed areas of Red Lily Pond where macrophyte removal operations will take place (periphery of areas to be harvested is surrounded in yellow; area has been staked and stakes are circled in red) (photographs taken on August 23, 2022): Red Lily Pond, area 2 Red Lily Pond, area 1 Training of Individuals for Macrophyte Harvesting On Monday, September 26, 2022, in the morning, we will hold a training session for the individuals who will be participating in the harvesting operation. The training will be conducted by Ken Wagner, whose resume was attached in our submission dated August 23, 2022. If you wish to attend the training, please let us know. The training will ensure that all those working on the operation understand the extremely important environmental concerns about disturbance of the pond ecosystem, and ensure that the operation is performed within applicable restrictions and conditions. Doug Farquhar will take responsibility for training anyone who is not present at the training and wishes to harvest vegetation or to transport vegetation that has been harvested. Patricia Deyton, President of the Red Lily Pond Project Association, Inc., who will supervise any cutting and removal operations in my absence, will also attend the training. Timing of Macrophyte Harvesting After the training, the harvesting operation will begin, using the trained volunteers and paid help. The harvesting operation may continue through the week. Once the harvesting operation is completed, we will notify you and again take aerial photographs and provide them, as soon as weather conditions permit. Personnel Individuals who may participate in the harvesting may include two occasional paid employees of our community facilities management (Todd Arruda and Steve Carpenter); myself; Ed Deyton (a Craigville Village resident who has supervised and worked on phragmites removal; community residents Dale Oates, Pam Danforth, Fran Lahey, and Jim Lane; Tom Coyle, who lives nearby on Irving Street, and Nelson Orr, who lives nearby on Long Beach Road. If other individuals join, we will notify you. Water Quality Monitoring The water quality will be measured and recorded prior to commencement of the operation on September 26, 2022, and after its completion in accordance with the Water Monitoring Plan being prepared by Pond Management Expert Ken Wagner. The Water Quality Plan will be submitted within seven days. Logistics The logistics of the operation are discussed below:  For Lake Elizabeth, individuals in chest waders (no more than three at a time) will walk to the harvesting site from the causeway, or from one of the docks. Using hand tools (the Jenlis Weed Razer Express Aquatic Weed Cutter, or the Pond Guy 28 inch weed cutter) or pulling the vegetation by hand, they will cut or pull up the vegetation in the designated areas. The original draft Order of Conditions stated that harvesting using the Eco-Cutter could cut no closer than 6 inches from the bottom of the ponds, but, since the turbulence caused by this manual operation should be negligible, we would plan to uproot the plants that we can, and cut the stems of other plants as close to the bottom as possible. Material that is cut will be gathered using rakes (including the Jenlis Weed Raker Pond and Lake Rake, and ordinary garden rakes) and nets.  For Red Lily Pond, the muck covering the pond bottom is too deep and the vegetation roots are too dense for waders to safely walk to the harvesting sites, cut macrophytes, and gather the cuttings. Accordingly, individuals will stand on a 15’ flat-bottom boat (a Procraft 1510) that will be poled or towed by kayak(s) to the harvesting areas, and will use the tools described above to cut and retrieve plant materials.  Material that is harvested in Lake Elizabeth will be placed in the well of a row boat, kayak, or canoe located near the harvesting operation. Materials harvested in Red Lily Pond will be placed first on the boat, and may then be transported to the offloading site on the boat or transferred to the well of a rowboat or canoe.  At suitable intervals, each kayak, rowboat, pontoon boat or canoe loaded with vegetation will be paddled or pulled back to the little beach on the causeway (or, for materials harvested in Red Lily Pond, on the verge of the causeway). The watercraft will be landed by being pulled manually partially onshore, and the cuttings will be offloaded onto a tarpaulin on the little beach so that they can be staged before being placed in big trash bags.  The cuttings will then be placed in large trash bags so that they can be transported to a different location to partially dry before being disposed of.  The trash bags will then be taken in a pickup truck to the parking lot of Craigville Beach Association (the former cranberry bog directly across Craigville Beach Road from the CBA bathhouses), and inverted, so that some of the moisture is permitted to drain out (this is the same system that has been used to handle phragmites harvested pursuant to the Order of Conditions granted to RLPPA, bearing the number DEP SE-3 5763, effective through March 2023).  In the unlikely event of disturbance to any of the shore areas where materials are transported, the areas shall be restored.  One to three days later, the harvested material will be transported by pickup truck to the yard waste area of the Town of Barnstable Transfer Station and Recycling Center and disposed of there (again, this replicates the logistics of the phragmite operation). Compliance with Other Provisions of Order of Conditions Forms A and B will be filed within seven days. A sign will be erected on the causeway between the two ponds before commencement of the operations, stating the file number of the Order of Conditions, as required. The Order of Conditions will be recorded in the Town of Barnstable property records within the next seven days. Report after Operation We will, within two weeks of the conclusion of the operation, furnish you a detailed written report and photographs of the harvested area, weather conditions permitting. We will simultaneously submit a Certificate of Compliance (Form C), as required by the Order of Conditions. Future Operations Prior to repeating the harvesting operation next year, we will communicate with you anew on planning, operating, and logistics considerations.