MONSON CONSERVATION COMMISSION
MINUTES FEBRUARY 20, 2013
MEMBERS PRESENT: Leslie Duthie, Glenn Colburn, Davis Johnson
MEMBERS ABSENT: Audra Staples
7:15 Leslie Duthie stated she read the minutes of January 30, 2013 and for clarity would like the word “that” inserted into the sentence “Leslie Duthie stated a condition of the Order of Conditions could be that if all of the existing asphalt is removed an anti tracking pad must be installed.
Davis Johnson moved to accept the minutes of January 30, 2013 as amended.
Glenn Colburn seconded the motion.
It was so voted unanimous.
7:18 NOI Quaboag Riders, Inc. King Avenue. Ray Mansfield representing Quaboag Riders Inc. requested a continuation of the public hearing, as he was unable to attend the February 20, meeting.
Glenn Colburn moved to continue the public hearing to March 13, 2013 as requested.
Leslie Duthie stated she had spoken with Mr. Mansfield to clarify if it was the intent to leave the stones in the stream and add to them. She stated it was proposed to leave the stones she questioned how the Commission members felt about that, or if they would like to ask for an alternative plan?
Glenn Colburn stated he would prefer the applicant research an alternative, and would suspect the DEP would feel similarly. Traffic will compact the stones over time and it will clog with fines, a better alternative would be a bridge span.
Leslie Duthie stated she would agree, the crossing would be used to bring sand from the bottom to the top of the hill and that would mean significant weight on the crossing. She stated she would call Mr. Mansfield to let him know how the Commission felt.
Davis Johnson seconded the motion to continue the hearing.
It was so voted unanimous.
7:25 Leslie Duthie stated so far the Commission has had two responses for its request for proposal to provide peer review for the project proposed by Cornerstone Power Monson, LLC on Macomber/Upper Palmer Road.
The Commission signed an Order of Conditions for 40 Old Stagecoach Drive Harold Bailey that included a special condition for an anti tracking pad if all of the asphalt driveway is removed.
7:30 NOI Paper City Partners LLC 32 Cushman Street. Melissa Coady, Tighe & Bond was present representing the property owners.
Ms. Coady gave a brief overview of the property, the problems that have occurred and the steps that have been taken so far to address the concerns.
Ms. Coady stated there is an existing unoccupied four story brick building and other manufacturing buildings on the property. On the westerly end of the four story brick building there is a one story structure that has collapsed. In early December 2012 an oil sheen on Chicopee Brook as reported to DEP. DEP issued a notification of release to the property owners who hired Tighe & Bond to address the problems. The immediate response was to contain the oil and this was accomplished by placing absorbent containment booms in the brook and a curtain boom across the brook to stop any release from going downstream. Western Mass Environmental is managing the booms and changing them as needed. Based on observations of the partially collapsed building the release appears to be boiler room
related there are three above ground storage tanks that appear to be the source of the problem. The one story partially collapsed building will be demolished. The oil has infiltrated the ground, hit ground water and out into the stream. Tighe & Bond plan to excavate a small pit down to the groundwater table, allow the pit to fill to see if there are any floating products and pump the water to an onsite closed treatment system. It is also proposed to excavate and analyze for contaminated soil, including a small area of the bank. It is a small access area and it may be necessary to remove some trees along the bank. It is anticipated that access to the property will be through the locked gate on Cushman Street, there is room in the back for a demolition area and Cushman Street will not be affected.
Leslie Duthie stated the Commission would not want to see hazardous materials dragged into the street.
Melissa Coady stated ultimately it is up to the contractor to figure out how to do the work but she thought the demolition and removal would be on the site, and because of the demolition it is proposed to install a 6 foot chain link construction fence.
Leslie Duthie questioned if a chain link fence would be installed along the road?
Melissa Coady stated the chain link fence would surround the site going behind the guard rail along the road but not along Chicopee Brook. Ms. Coady stated she wanted to be very clear it is not proposed to demolish the large four story brick building, only the one story addition on the back. The building will be demolished and the above ground storage tanks removed and then the assessment and remediation of the soils.
Leslie Duthie stated if it is not proposed to put the fence along the bank she would like to see an erosion barrier installed because it would seem stockpiling of material is likely and the stream must be protected.
Melissa Coady stated she would agree stockpiling of material is likely because the material will be analyzed on site. There is a field screening tool that is used to analyze for petroleum hydrocarbons relative to concentration. The limit of excavation is dictated by field screening results and the screening also determines the direction the excavation has to go based on detection levels. Once the stockpile is created composite samples must be sent for laboratory analysis because a disposal facility will not accept the material without the laboratory analysis.
Davis Johnson questioned the amount of seepage?
Ms. Coady stated that has not been quantified at this point it is purely guesswork because no one knows how much was in the tanks.
Leslie Duthie stated Sheet # 2 of the plans shows straw waddles and mulch logs along the limit of work behind the building to the north. That is fine but where the land slopes back to the river something more substantial such as hay bales and silt fences are needed especially along the stream.
Ms. Coady stated that would not be a problem, standing on the bridge on Cushman Street a uniform channel can be seen.
Leslie Duthie stated information has been provided for restoring the bank but what about plans to restore the trees that are removed?
Ms. Coady stated the trees would be replaced with saplings and a list of species has been included in the Notice of Intent. The list contains different species to allow for some flexibility of native stock available at the time the restoration takes place. One positive note in this is that there are a lot of invasive plants in the area proposed for excavation and the invasive plants will be removed during that process.
Leslie Duthie questioned where the wet meadow seed mix would be used?
Ms. Coady stated the whole footprint of area treated will receive wet meadow seed mix.
Leslie Duthie questioned when it was proposed to start the work?
Ms. Coady stated they hoped to start work in April. DEP had some comments after reviewing the NOI and Tighe & Bond has responded. A copy of the response was given to the Conservation Commission. One of the comments from DEP pertained to work within the jurisdiction of the Army Corps of Engineers that occurred below the annual mean water line. The work proposed to the bank of the stream will be done between July 1st and August 31st.
Davis Johnson questioned what was proposed if seepage was found below the mean annual water level of the stream?
Ms. Coady stated if that were the case they would regroup and come up with a new plan, but they do not anticipate that scenario.
Leslie Duthie questioned how long it would take to do the demolition and excavation?
Ms. Coady stated 4-6 weeks for the demolition and the excavation would be done somewhat concurrent.
Leslie Duthie stated the Commission would like to have regular reports on the soil excavation so it has an idea of where the flow is coming from and where it is going to, also how deep is the contamination.
Glenn Colburn stated he did not remember if the area behind the building where it is proposed to stock pile material is paved or not?
Ms. Coady stated it is not paved.
Glenn Colburn stated he was concerned about stockpiling soils without covering the ground and covering the stockpiles.
Ms. Coady stated poly sheeting would be laid on the ground and used to cover the piles.
Leslie Duthie stated the Commission would include this as a condition of the Order of Conditions.
Glenn Colburn questioned if anything had migrated under the four story brick building?
Ms. Coady stated an abutter called about taking down the large brick building but that is not part of this plan. The work proposed under the Notice of Intent is to remove and restore the areas affected by the release of heating oil.
Leslie Duthie stated the Commission would not close the hearing until DEP had the opportunity to review Tighe & Bonds’ response.
Leslie Duthie moved to continue the hearing to March 13, 2013, if there were additional questions from DEP the Commission would ask a representative of Tighe & Bond to be present, if no further comments were received the Commission would close the hearing and issue an Order of Conditions.
Glenn Colburn seconded the motion.
It was so voted unanimous.
8:06 NOI Dean Pond, Sutcliffe Road, from Massachusetts Dept. of Conservation & Recreation.
Also Present: Tom Flannery, DCR, Robert Hartzel, Geosyntec, Ian Lydon, Brimfield Conservation Commission and Angela Panaccione, Brimfield Conservation Commission.
Tom Flannery stated this is the second phase of a project to restore Dean Pond recreation area. The Conservation Commission in Brimfield and Monson has permitted the first phase which was algaecide treatments. In order to open the beach area to the public and make it safe for swimmers the beach must be replaced and the invasive plants and root systems removed. It is proposed to dewater an area approximately 100’ x 100’ remove approximately one foot of mucky sand and replace with an equal amount of beach sand. Mass Wildlife has recommended this approach.
Robert Hartzel stated it is better to do a drawdown to restore the existing grades.
Tom Flannery stated there are no Natural Heritage issues but they do not have the Army Corps permits in place, hopefully they will be in place early March. The sediment samples that have been run look good.
Robert Hartzel stated the specific plant species are variable milfoil and water shield which grows and spreads horizontally. The idea is to excavate the root structure, go down approximately a foot and remove that material and replace it with screened washed sand.
Davis Johnson questioned how often would it be necessary to repeat the process?
Tom Flannery stated with the preventative maintenance in place (the algaecide treatments) he did not believe this encroachment would happen again. The herbicide treatments will be as necessary and will take care of these species.
Leslie Duthie stated water shield is a native species but the variable milfoil is a non native species and can be a real problem. She questioned the time it would take for the draw down?
Robert Hartzel stated there is a drawdown formula that is based on the water shed size. Once the target level is reached the work will only take a day or two.
Tom Flannery stated he believed it would take approximately 4 days for the drawdown and two days for the work, re-grade and stock pile the material in Brimfield State forest. The location of the stock pile will be determined by the park supervisor.
Leslie Duthie questioned if they would continue to run the pump after the sand and grading is completed?
Robert Hartzel stated they have to mimic the stream flow both the minimum flow and maximum flow.
Glenn Colburn questioned if any minor flooding was anticipated downstream?
Robert Hartzel stated no they would maintain the normal flow rate of the stream and the existing laddered tier structure would work perfectly to dissipate the energy.
Glenn Colburn questioned if the level would be maintained downstream when filling back up the pond?
Robert Hartzel stated they would follow the formula the numbers are not negotiable.
Glenn Colburn questioned how far up and down stream would be affected?
Tom Flannery stated there is a beaver dam by the existing little bridge once the water hits there the level will hold.
Davis Johnson questioned how the cold water fisheries would react to the chemical treatments, trout in general are more sensitive to conditions?
Tom Flannery stated herbicides have no great affect on trout, they are not killed by exposure to herbicide but by lack of oxygen and that will be addressed by doing split treatments. Fisheries and Wildlife has approved this approach.
Angela Panaccione stated the low water level could affect trout oxygen levels.
Tom Flannery stated the plan is to do this before the stream is stocked.
Angela Panaccione stated the performance standards for a drawdown are not met with this proposal.
Robert Hartzel stated the performance standards describe the classic drawdown this is a different project and the performance standards are not relevant to this project.
Tom Flannery stated the proposed work is undertaken under the heading of beach re-management. The performance standards Ms. Panaccione refers to apply to an extended drawdown when the drawdown is for an extended period of time to freeze the roots of plants for plant control. This is a temporary brief drawdown to perform maintenance on the beach area at Dean Pond not to freeze for plant control.
Angela Panaccione stated she made a site visit with Ian Lydon to the dam and they both have extreme concerns because beyond Dean Pond is the tornado zone and sedimentation in the stream is already happening because of the clean up. She questioned how long the refill would take?
Tom Flannery stated at best it would be an estimation because it depends on weather but this is a tiny lake it will come up quickly.
Leslie Duthie stated if there is a dry period the pumping would have to continue to keep the flow in the stream.
Robert Hartzel stated there are contingencies that must be accepted one is that you cannot control the weather. The construction contractor would have to put more labor hours in to deal with the pumps.
Leslie Duthie stated a big concern for her is that the project starts early enough to minimize the affect on the water and fish in the stream. Ms. Duthie stated in general she did not favor a drawdown but this was proposed to be for a very short time but the concern is how long would the water be down at the pond. Another option would be to postpone the work until fall, but that would not get the recreation area open for the 2013 season.
Tom Flannery stated the area has been closed for about 10 or 11 years even if there is a dry spell the pond is flat and would still have about 6 feet of water.
Angela Panaccione questioned if a 404 water quality permit had been issued?
Robert Hartzel stated they expected to get the permit in late March, by which time the ice would be thin.
Tom Flannery stated lakes and ponds thaw from the bank in.
Ian Lydon stated because of the shade this is one of the last ponds to ice out.
Angela Panaccione stated the Brimfield Conservation will hold a meeting on this project next week in Brimfield and both Towns would require a copy of the 404 water quality. Ms. Panaccione questioned how realistic it would be to put together a general environmental impact report to address the potential erosion and habitat impacts downstream?
Tom Flannery stated he could only reiterate that what is proposed is a brief drawdown to allow work on the existing beach and not a protracted drawdown for plant control. It is intended to manage the plants with herbicide and both Towns have permitted that work.
Robert Hartzel stated to be compliant with DEP they must stay below the maximum flow and above the minimum flow the assumption is if the flow is maintained in this manner the downstream habitats are not adversely affected. The habitat and food source is not affected because the drawdown is so brief, wetland plants are adaptive.
Angela Panaccione stated that may be true under natural conditions but because of the tornado half of the stream is dammed up by the state forest and the banks are eroding on the other half.
Robert Hartzel stated if things go wrong the Commission can stop the project and issue a cease and desist. A lot of things can go wrong on a project but the strongest argument is that the agency whose job it is to protect streams and fisheries habitat has approved this project and it is the preferred method.
Leslie Duthie stated that for about a ¼ to ½ a mile the water has backed up into the State forest, but over the years there must have been times when there was a lot of rain and the stream overtopped into the forest. Ms. Duthie stated she did not see this as a big issue of greater concern for her was the sediment and that has been addressed. Ms. Duthie stated she would attend the hearing in Brimfield.
Angela Panaccione stated originally the disturbance was 4000 square feet now it is 10,000 square feet.
Tom Flannery stated they could do a better job going deeper plus encroachment is more of a problem with a small area.
Glenn Colburn moved to continue the hearing for a water quality certification to March 13, 2013.
Davis Johnson seconded the motion.
It was so voted unanimous.
9:00 MAIL
- PVPC information to communities re: adoption of the Community Preservation Act.
- Copy of the Monson Town Bylaw re: payment of all monies due to the Town prior to the issuance permits, special permits etc.
- Various building permits.
9:05 Davis Johnson moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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