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Conservation Commission Minutes Minutes of the Taunton Conservation Commission January 22, 2018 Present: Chair Steven Turner, Vice Chair Debra Botellio, Commissioners Richard Enos, Luis Freitas, Marla Isaac, and Jan Rego. Motion to table the minutes from December until the meeting on 2/12/18, DB, second RE, so voted. Certificate of Compliance 1. 1619 Somerset Ave., Malloch Group, Inc., (COC), SE73-2666 Field report states that this filing was for the proposed construction of a single family home with attached garage, driveway, 12’ x 16’ shed, utilities, and associated grading. An existing shed was razed in the construction process. All work has been completed in significant compliance to the order of conditions which was issued on 8/16/16. The lawn is stable and there is no indication of disturbance into the adjacent wetland area. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second MI, so voted. 2. 50 Paige Way, Bairos, (COC), SE73-2579 Field report states that this filing was for the construction of a single family home, garage, driveway, utilities, and associated grading within the 100 foot buffer zone of a BVW. All work has been completed in significant compliance to the order of conditions issued on 5/13/14. The lawn is stable and there is no indication of siltation into the wetlands. MR recommends that the TCC issue a COC for this project. Motion to approve, DB, second RE, so voted. Continued Public Hearing 1. Run Brook Circle, Aspen Properties Group, LLC, (ANRAD), SE73-2727 Motion to continue to 2/12/18, DB, second MI, so voted. 2. Massasoit State Park, MA DCR/Straub, (NOI), SE73-2735 Field report states that this filing is for the restoration of Middle Pond to its pre-drawdown conditions by removing vegetation to create a safe swimming environment. In 2009, Middle Pond beach campground was closed and the pond drawn down to discourage public swimming. The drawdown decreased the open water area from 28 acres to 22 acres, and lowered the water elevation from 43 feet to 38 feet. Over time, vegetated wetlands developed in the exposed soils previously part of the land under water (LUW). Vegetation has also grown within the beach area as well. The beach area fell into disrepair due to lack of funding. DCR has received funding to rehabilitate and reopen the Park campground, beach, and pond. The goals are 1) to return Middle Pond and the beach area to its pre- existing (2009) condition as much as possible and 2) manage the process of eutrophication in the Middle Pond to maintain the system as an ecologically valuable open water resource. The DCR proposes to meet these goals in three phases. The first is to remove the existing woody and emergent vegetation and the associated root and rhizome systems within the upper two feet of soil from about a .42-acre area of the former beach. The material removed will be de-watered and re-used in an upland location and clean sand will be placed in the beach location at the original grade. Approximately .39 acres within this area is located within BLSF. Approximately 1,040 cubic yards of material will be removed. The area will be replenished with the same amount of clean sand and graded to original grade. There will be no net change in the volume of material or ground surface elevations within the BLSF or 100 foot buffer zone. No new material will be placed within the BVW or LUW. Second, the flashboards at the Middle Pond dam will be replaced thus restoring the pond to its pre-drawdown conditions. This will raise the water level five feet and expand the surface area approximately 6 acres, from 22 acres to 28 acres. Third, DCR will use a hydro-rake to remove rooted vegetation within and around the former swimming area once the water level returns to historic conditions to ensure a safe environment, free of vegetation, for swimming. Targeted vegetation includes broad-leaf cattail and common reed. The vegetation growth will need to be managed to maintain the beach and swimming area and then transported to an upland area within the park for composting. Future use of the hydro-rake may be necessary to maintain/control the growth of vegetation within the swimming area. The project is projected to take place in the Spring of 2018 and will take approximately four weeks to complete. The construction sequence is as follows: 1) Site access, 2) Establishment of temporary stockpile and dewatering area and erosion/sedimentation controls, 3) excavation of old beach sand from Middle Pond beach, 4) dewatering of excavated material, 5) transportation of dewatered material to location within the park for re-use, 6) replenishment of beach with new, clean sand at the beach, 7) replacement of flashboards, 8) allow pond to return to pre-drawdown levels, 9) hydro-raking vegetation in the vicinity of the swimming beach, and 10) site cleanup and restoration of access points. Siltation barriers and turbidity curtains will be put up along the work area to limit the spread of suspended solids and any turbidity within the adjacent wetland areas. Construction equipment will access the work site via a temporary gravel drive which will trap loose soil from tires and treads. When leaving the site, vehicles will be cleaned of sand and debris. The removed material will be transported from the work footprint and brought to the temporary stockpile and dewatering area. Once dewatered, the material will be transported by dump trucks to the final re-use site within the park. The DCR Office of Dam Safety intends to make minor modifications and repairs to the four Middle Pond Dams, all of which are in poor condition. The dam repair work will be permitted separately from the work described in the project narrative. The project will require review by the Executive Office of Energy and Environmental Affairs pursuant to the MEPA, approval by the NHESP, and authorization by the New England District of the USACE under the MAGP in addition to an order of conditions issued by this Commission. MR recommends that the TCC approve this project and issue an order of conditions to include the attached special conditions. Present Alex Paterson. This is a 3 phase project. They will be removing and replacing degraded sand. DB on going project to keep out the growth of the invasive species? They feel with ongoing public use the invasive species should not regrow or at least not very fast. ST questioned if the hydro-raking will hurt any species under water? Not fish, sometimes turtles can get caught up in it but they will have an environmental monitor on site who will monitor for this. The work will begin in the spring, beach and campground set to be open for the season. ST asked if a lifeguard will be on duty at the beach? Alex does believe so. Motion to approve with conditions 1, 2, 3, 4, 5, 19, 21, 25, 26, 27, and 28- copy of WQC should be sent into ConComm office to be put in as part of the file, DB, second MI, so voted. 3. 1580 Glebe Street, Faria, (NOI), SE73-2731 Field report 2 states that this project is for the construction of a single family home with attached garage, 16’ x 40’ in-ground pool, grading, septic system, and utilities. The wetlands were delineated by karl Drown on 9/24/17. One wetland, located on an adjacent property, was flagged but the owner removed the flags. A second BVW was flagged along the southwesterly property line, orange flags WF 1 to WF 9. The entire site is also within NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife. There have been concerns brought up that the applicant cannot build a house or put in a septic system because they are within a surface water protection area. Nowhere in the regulations does it state that a home cannot be built within this area, nor does it state that a septic system cannot be built, if it meets Board of Health and State setbacks. The Board of Health regulations does not prohibit building a system within this area, but there are restrictions as to the design of the system. This is not in a coastal zone, velocity zone, or regulatory floodway. The site is not within 200 feet of a perennial stream, and no ponds or lakes are in the vicinity. The home will be more than 600 feet from the tributary to the Segreganset River. There was much disagreement over this project and a request for a letter from DEP to clarify the situation resulted in a continuation to the 1/22/18 hearing date. Bruce Bouck from DEP has been out to the site and on 12/13/17 wrote the following (synopsis-entire document is attached): Zone A protection is 400 feet around the actual surface water public water supply but is only 200 feet from any tributary to that surface water supply. In the case of 1580 Glebe Street, Taunton, Bouck states he was out on the site with MR on 11/17/17. Based on that filed visit, Bouck had asked for Karen and Mike to survey elevations along the channel in question to determine the high point. This would indicate the divide where surface water flowed north back into the small pond and south to the stream that eventually flowed into the surface water supply. That divide was provided to me at coordinates N: 2787019.6772’ E: 740430.0468’ with an elevation of 154.573 feet.
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