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12-029C fitzgerald lake conservation10 -DAY EMERGENCY BEAVER OR MUSKRAT PERMIT Name: _-. L� �f/ `�/ f l/� < 7/G 1, ry , ; sS Permit No. Address: Authorized Agent Name (if applicable): A Complaint Location: �� - i /'x In accordance with and pursuant to provisions contained in chapter 131 of the Massachusetts General Laws section 40, 80A and 321 Code of Massachusetts Regulation 2.08 and 10.00 (Wetlands Protection Act), the permittee(s) above named may immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage -type traps for the taking of beaver or muskrat, subject to the regulations promulgated by the Division of Fisheries and Wildlife (see back) (b) the breaching of dams, dikes, bogs or berms, so- called* (c) employing any non - lethal management or water -flow devices* *If the permittee chooses option(s) b and/or c, he /she must appear before the local conservation commission to obtain an emergency certification regarding specifications for breach size and/or water - flow device installation in accordance to M.G.L. c. 131, s. 40 (Wetlands Protection Act). The Board of Health has determined that said beaver or muskrat problem poses a threat to public health or safety as stated in M.G.L. c.131, s.8OA. Specify: Board of Health Official Name: �L42R s A c a I n Board of Health Official Signature: Date: _ 14 1"1 0 1 The above signature validates this permit for 10 consecutive days from the date shown for option (a) only. If the permittee chooses options (b) and /or (c), he /she must return to the Board of Health for a final signature after obtaining an emergency certification from the conservation commission. Please attach the emergency certification to this permit and return to the Board of Health for final approval. (See Back) C•*I /r,' P o N 1St!- vj /o) s-/ y ;30 1- a! s / a� a �,� �� /�i. <<�� . -•'fit �Sr `�-� 9. ,) APPLICATION FOR 10 -DAY EMERGENCY BEAVER OR MUSKRAT PERMIT TO BE FILLED OUT BY APPLICANT Fee (if applicable): $ Name: Date: /O G /c/ Address: a /v ^ *,*-% f �, /Zn // Town: 11 Daytime Tel. # S k 7— /-) 6.5 Evening Tel. # Agent Name: �!� �,<✓.� /= �- �r� (if applicable) Complaint Location: 0 9 9 5 -" l -q/J o �o < Tel. # !• -- ( L- r,--,C Is the problem entirely on your property? Yes: X No: Don't Know: Note: If the problem does not occur entirely on the applicant's property, consent forms from all other property owners must be obtained. Type of Complaint: Provide a detailed description of the perceived threat to public health and safety ez f to /r Under M.G.L. c. 131, s. 80A, an emergency permit authorizes the applicant or his duly authorized agent to immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage -type traps for the taking of beaver or muskrat, subject to regulations; (b) the breaching of dams, dikes, bogs or berms; and /or (c) employing any non - lethal management of water -flow devices. The emergency permit will be good for 10 days from the date of issue. Zip Code: Dw Go Signature of Applicant: Date: kill- C/ °Z NOTE: Options (b) and/or (c) above require applicant to get conservation commission approval prior to such work in accordance with the wetlands protection act. Commonwealth of Massachusetts Department of Environmental Protection Wetlands Protection Act MGL c.131 §40 310 CMR 10.00 CERTIFICATION OF EMERGENCY Location of Work (resource area): BVW, marsh Street Address: Boggy Meadow Road, Fitzgerald Lake Conservation Area Northampton, 01060 1. The applicant hereby requests the Northampton Conservation Commission (Issuing Authority) certify the following project as an emergency project: Removal of culvert blockage under Boggy Meadow Road created by beaver. (may be old abandoned blockage). Establish permanent measures to prevent this from being blocked in the future. All work to be done by hand with no machinery. 2. The subject property is necessary for the protection of the health and safety of the citizens of the Commonwealth because (attach additional sheets if necessary): If culvert becomes completely blocked, road will flood in next major storm, washing the entire gravel structure into the wetlands. A washout would result in wetland impacts and necessitate use of heavy of equipment in the resource area to rebuild it and provide future beaver management. This road is used for maintaining the dam at the lake and must be kept in good condition. 3. The agency of the Commonwealth that has ordered the project to be performed is: Conservation Commission 4. No work shall be allowed beyond that necessary to abate the emergency. The date work shall be completed by: November 25, 2001 5. Work shall not exceed 30 days without written approval of the Commission. Signature of the Applicant: On the basis of the above information and after a site inspection, the project described above (and in any supplemental information provided) is determined to be a certified emergency pursuant to 310 CMR 10.06. Issuing Authority: Northampton Conservation Commission By: ' �� 7 -vim. , Chair Date: October 25, 2001 Mason Maronn u BOGGY MEADOW ROAD CULVERT - o o o g o - -- Q J 0 - z 0 o O CD CD 0 0 0 v LOCUST PLAN - m o ¢ LLJ � o o � ° 2 Q -- a _ w w �_- w Li 1= U 0 z m 0 c O � o o Q m = � Q w —' z - o Q m 0 U w r-) - - - - -- -- Q w LLJ c� z m ------------------------------- BOGGY MEADOW ROAM CULVERT CONSTRUCTION PLAN N O W V a J W cc W O cc J V o V � 0 O o 0 ono 0 0 oW � o � U U � z� z 5 � N O ct� > O iS N c C) c - o c o .� U - 0 O C i co is a N c a� CU T - N C U) `�- _ O X c c U cz > Ca T3 c a o U p 3 0 z o V � 0 T� �O O� O� O� o 0 ono 0 0 oW � o � U o z� z 5 a T� �O O� O� O� BOGGY MEADOW ROAD CULVERT- 0 O LOCUST PLAN _ cif ° z LLJ per. w w LLI U 0 ° O w O O O Q QW �z z Q -- - - - - -- Q 'so ^ r iii. O O ILU W � Q -- LLJ \ ----------- -- - - -- 310CMR 10.99 DEP File No. (To be pro vid by DEP) Form 5 City /Town Northampton Applicant OFFTCR OF PLAN NING & DEVELOPMENT Commonwealth CITY OF NORTHAMPTON of Massachusetts Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, 540 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To CONSERVATION COMMISSION OFFICE OF PLANNING & DEVELOPMENT (Name of property owner) (Name of Applicant) Address CITY HALL, 210 MAIN STREET Address CITY HALL, 210 MAIN STREET This order is issued and delivered as follows: (date) [X] by hand delivery to applicant or representative on [ J (date) by certified mail, return receipt requested on This project is located in Northampton at FITZGERALD LAKE The property is recorded at the Registry of Hampshire County Book 1951 p age 261 Certificate (if registered) The Notice of Intent for this project was f � filed on 4/28/93 (date) 11A (date) The public hearing was closed on Findings The Northam ton Conservation Commissio4%as reviewed the above - referenced Notice of Intent and plans and has held a public hearing on the project. Based Commission he information available to the Conservation Commission at this time, has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): X Flood Control [ ] Land containing [ J Public water supply [ J shellfish [X Storm damage prevention [ J Fisheries [ J Private water supply X ] prevention of pollution [ ] Protection of [ J Ground water supply [ J Wildlife Habitat 0 Total Filing Fee Submitted none State Share (1/2 fee in excess of $25) City Share 0 State Portion S _ Total Refund Due $ City Portion $ [ (1/2 total) 1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) Therefore, the Northampton Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above. The Conservation Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. S. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings, before the Department have been completed. 8. No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. 9. A sign shall be displayed at the site not less than two square feet or page 5 -2 (memorex \wp \conscom \order.cc) more than three square feet in size bearing the works, "Massachusetts Department of Environmental Protection, File Number 246 - " 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: PLANS TITLE DATED SIGNED & STAMPED BY: FITZGERALD LAKE EMBANKMENT PROFILE (looki downst FITZGERALD LAKE EMERGENCY SPILLWAY PROFILE All Plans on File with Northampton Conservation Commission Special Conditions: 13) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 14) No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in the U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts ". Placement shall be directed at the site by the project engineer in order to accomplish maximum control of erosion and ensure than no eroded materials will reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed in a dug trench with sufficient porosity to allow detained water to pass while trapping suspended sediments; 17) The areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18) This Order of Conditions shall apply to any successor in interest or successor in control; 19) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary for that evaluation; page 5 -3 (memorex \wp \conscom \order.cc) 20) The Applicant shall notify the Commission, in writing, as to the date that work will be commencing on the project. Said notification must be received by the Commission no sooner than ten (10) days and no later than five (5) days prior to the commencement of the approved activity; 21) The owner of the property described in this Order must advise any potential buyer of the property that any construction upon or alteration to said property, including brush clearance, may require action by the Northampton Conservation Commission and any instrument conveying any or all of the owner's interest in said property or any portion thereof shall contain language substantially as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, the Wetlands Protection Act, an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission "; 22) The contractor is responsible with the applicant and property owner for any violation and the penalties under the law for such violation. While all activities regulated by.this Order are being performed and during the construction phase for this project, an on -site foreman, or project engineer, shall have a copy of this permit at the site, be familiar with the conditions of this permit, and adhere to such conditions. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 23) All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, & Building Inspector prior to the start of this project and all permits must be complied with. Army 404 permits and Water Quality Certifications must be obtained prior to the start of projects involving fill within wetlands; 24) Upon completion of the project, the Applicant shall submit a statement that all work has been done in conformance with the provisions of the approved Order of Conditions and request a Certificate Of Compliance. (if checked) Statement shall be by a Professional Engineer or by a Wetlands Consultant who has been approved by the Commission: [ ] YES [X'] NO 25) (if checked) An "As Built" plan shall be included with the project engineer's statement, detailing the Post - development conditions of the site: [ ]YES ( NO. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 26) page 5 -4 (memorex \wp \conscom \order.cc) Issued By Northampton Conservation Commission Signatures: Notary PublicMy commission expires MY COMMISSION EXPIRES JAN. 18. 1996 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the City or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE - -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. .............................................. ............................... To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at FTm , RALD LAK7 File Number 246- has been recorded at the Registry of Hampshire County and has been noted in the chain of title of the affected property in accordance with General Condition 8 on , 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant page 5 -5 (memorex \wp \conscom \order.cc) Tnis urger must be signed by a majority of the Conservation Commission. On this lGth day of May 1993, before me personally appeared , t o me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act aJO & FEIDEN 'NOTARY PUBLIC 310 CMR 10.99 Form 3 NINE COPIES OF THIS FORM, COMPLETE WITH PLANS, TO CONSERVATION COMMISSION TWO COMPLETE COPIES TO DEP, SPRINGFIELD commonweal tb of Xassacbusetts Department of Defense Un-ited States. N otice of Intent of America Under the Massachusetts Wetlands Protection Act, G.L. c. 131,. $ -0 and Application for a Department of the Army permit & NORTHAMPTON WETLANDS PROTECTION ORDINANCE Part I: General Information 1. Location: Street Address Fitzgerald Lake Conservation Area Assessor' s ?dap TD - 12 '�9 :2. Project: Type Description vegetation control on Fitzgerald Lake Dam by application herbicide - five yea vegetation control plan. 3. Registry: County Ha mpshir e Current Book 1951 page 261 Certificate (if Registered Land) 4. Applicant Office of Planning & Development Tel. 586 -6950 Address City Hall 210 Main St Northampton MA 01060 5. Property owner Conservation Commission Tel. 586 -6950 Address City Hall, 210 Main St, Northampton, MA 01060 6. Representative Tel. Address , 7. a. Have the Conservation Commission and the Department's Regional office each been sent, by certified mail or hand deliver, 2 copies of completed Notice-of Intent, with supporting plans and documents? Yes ® No ❑ (9 COPIES TO CONSERVATION COMMISSION) b. Has the fee been submitted? Yes 04 No ❑ C. Total Filing Fee Submitted None - Munici'nal Applicant d. City /Town Share of Filing Fee 0 State Share of Filing Fee 0 (sent to City /Town) (S of fee in excess of S3, sent to DEP) •.e. Is a brief statement attached indicating how the applicant calculated the fee? ❑ Yes ® No No Fee" f. Permit requested under: Mass. Wetlands Protection Act (.310 CMR 10) - X Northampton Wetlands Protection Ordinance: X Effective 11/20/92 3 - 1 DEP File Na 1 2 4 6 (lo be ptovAai by DEP) agyrown Northampton i y o APPlicant P l a n n i n g && De ve lgy?m n Dept S. Rave all obtainabla permit , vaxiarces and anp_rvalr: reou-.re�1 by local by -Inv b ?en .:btai::ed? Yes El No ❑ None required obtained Applied tor: Not Applied For: 9. Is any portion of the site subject to a Wetlands strict' n order pursuant to G.L. c. 131, 540A or G.L. c. 130, 51057 Yes No if 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter Title, Date Locus Map Locus Map showing application area 11. check those resource areas within which work is proposed: (a) ® Buffer Zone (b) Inland: ❑ Bank* Land Subject to Flooding ❑ Bordering vegetated Wetland* ❑ Bordering ❑ Land Under Water Body i Waterway* ❑ Isolated *Likely �o involve U.S. Army corps of Engineers concurrent jurisdiction. See General Instructions for completing Notice of Intent. 3 -Z 12. I+ the projazt within estimated habitat which is indicated on the most recent Estimated Habitat map of state - Listed Rare wetlands wildlife (if any) published by the Natural Heritage and Endangered Species Program? YES [ No Date printed on the Estimated Habitat map [ ) (if any) Januarv, 1993 If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP regional office? YES [ NO [ ] If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered Species Program. Part Its sits Description Indicate which of the following information has been provided (on a plan, in narrative description or Calculations) to clearly, completely and accurately describe existing site conditions. Identifying Number /Letter (of plan, narrative or calculations) • Natural Features Soils Vegetation X Topography X open water bodies(including ponds and lakes) X Flowing water bodies (including streams and rivers) Public and private surface water and ground water supplies. on or within 100 feet of-site maximum annual ground water elevations with dates and X location of test Boundaries of resource areas checked under Part 1, item 11 above .other Man-made Features: Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems •' Underground utilities 3 -3 Roadways and parking areas Pr..p; rty bounc ri eK • cas » :.%entz and ri :hts -of -:Jay other Part III: Work Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number /Letter (of plan, narrative or calculations) alanview and Cross Section of_: Structures(such as buildings, piers, towers and headwalls) Drainhge and flood control facilities, including culverts and open channels(with inverts), dams and dikes subsurface sewage disposal systems & underground utilities Filling, dredging and excavating, indicating volume and composition of material compensatory storage areas, where required in accordance with Part III, Section 10.57(4) of the regulations. wi:.dli`-e hahita restorarion or :ep:icaticn areas X Other Herbicide application point Source Discharge Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within resource area checked under Part I, item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre -and post - development peak run-off from the drainage area, at the point of discharge, for at least the 10 -year and 100 -year frequency storm; 3. Pre- and post- development rate of infiltration contributing to the resource area checked under Part I, item 11 above; 4. Estimated rater quality characteristics of pre - and post-developmemt run-off at the point of discharge. 3 -4 Part IV: Mitigating Messu;r= '. Clea -L..alate!y rnd accurs,:ety descri`+e, with reference to supporting plans and calculations where necessary (a) All measures and designs proposed to meet the performance standards set forth under each resource area specified in Part II or Part III of the regulations; or (b) Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations do not apply. 3 _ Resource Area Type: ■ Inland Identifying number or letter of support documents �. Resource Area Type: It Inland - Identifying number or letter of support documents 3 -5 - Resource Area Type: / Inland .pntifying number or letter of support documents Man-made slope of dam needs to be maintained as gras 2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part 1, section 10.020)(a) of these regulations; or (b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet •H� perfor:,.ar :e standards :st.- Uisheo for the adjacnn* resource area, specified in Part 11 a Resource Area Type Bordered Inland By 100 -Feet Discretionary Zone: Identifying number or letter of support documents Man-made slope of dam needs to be maintained as gras to preserve the dam, Fitzgerald Lake, and associated wetlands and habitat. Application of Herbicide "accord" or "Rodeo" or equivalent will be done on da , spillway, and with 25 feet of base of dam but NOT within 25 feet of the lake or the outlet stream. 3 -b part v: Additional Information for a Department of the Army Permit 1. COE Application No. (to be provided by COE) 2. (Name of waterway) 3. Names and addresses of property owners adjoining your property: 4. Document other project alternatives (i.e., other locations and /or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). S. 8 1 1" x 11" drawings in planview and cross - section, showing the resource area and the proposed 'activity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal permit can be issued. Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is ,:onsistent with the approved proqrsm. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information is not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and 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. For the office of Planning and Deve l opment. yL --_ 4/28/93 L signature of Applicant Date Signature of Applicant's Representative Date FORM "Exception to ERG Form 4345 approved by HOUSACE, 6 May 1982" NED 100 (TEST) 1 MAY a2 "This document contains s joint Department of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in United States waters. The Office of Management and sudget(OMS) has approved those questions required by the US Army Corps of Engineers. CMS Number 0702-0036 and expiration date of 30 September 1983 applies ". This statement will be set in 6 point type. 3 -7 City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 - (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission FIVE YEAR VEGETATION CONTROL PLAN FITZGERALD LAKE DAM Accord, Rodeo, or other equivalent herbicide approved by the Conservation Commission to be applied to: Entire Fitzgerald Lake Dam, Spillway, and within 25 feet of the base of the dam All applications in accordance with product label recommendations, by a licensed herbicide applicator in accordance with State Pesticides Bureau regulations. Except for: Areas within 25 feet of Fitzgerald Lake or the Fitzgerald Lake outlet stream Treatment: 1993 Dam, Spillway, and base to be treated 1994 Dam & Spillway to be treated Inspect base and spot treat if necessary 1995 Inspect and spot treat if necessary 1996 Dam & Spillway to be treated Inspect base and spot treat if necessary 1997 Inspect and spot treat if necessary k '� ** i rF n ^ ntc MATERIAL SAFETY DA Page 1 of 5 MONSAN PRODUCT NAME ACCORD T M HERBICIDE MONSANTO COMPANY 800 N. LINDBERGH BLVD. ST. LOUIS, MO 63167 Emergency Phone No. (Call Collect) 314 - 694 -4000 PRODUCT IDENTIFICATION Synonyms: Chemical Name: Active Ingredient: Inert Ingredients: CAS Reg. No.: CAS Reg. No. Active Ingredient: EPA Reg. No.: DOT Proper Shipping Name: DOT Hazard Class! I.D. No.: DOT Label: Reportable Quantity (RO) Under Clean Water Act U.S. Surface Freight None. Not Applicable, Formulated Product 'Isopropylamine salt of glyphosate .... ............................... 41.5% ............................................................ ............................... 58.5% 'Contains 480 grams per liter or 4 pounds of the active 100.0 070 ingredient isopropylamine sal: of N- (phosphonomethyl) glycine per U.S. gallon. Equivalent to 356 grams per liter or 3 pounds per U.S. gallon of the acid, glyphosate. Not Applicable, Formulated Product 38641 -94 -0 524 -326 Not Applicable Not Applicable Not Applicable Not Applicable Classtfication: Weed Killing Compound, N.O.I.B.N. The substance listed below is identified as a hazardous chemical under the criteria of the OSHA Hazard Communication Standard (29 CFR 1910.1200): Isopropylamine, (CAS Reg. No. 75- 31 -0), <3% WARNING STATEMENTS Keep out of reach of children. CAUTION! MAY CAUSE EYE IRRITATION. REFORMULATION AND REPACKAGING IS PROHIBITED. PRECAUTIONARY MEASURES Avoid contact with eyes, skin or clothing. Do not contaminate water by disposal of waste or cleaning equipment. Y r C' J" IR a n 0 O O Z 0 m M MATERIAL SAFETY DATA age r o 5 g EMERGENCY AND FIRST AID PROCEDURES FIRST AID: IF IN EYES, flush with plenty of water for at least 15 minutes. Call a physician. IF ON SKIN, flush with water. Wash clothing before reuse. OCCUPATIONAL CONTROL PROCEDURES Eye Protection: Accord'" herbicide does not present significant eye irritation or eye toxicity re- quiring special protection. Avoid eye contact as good industrial practice. Skin Protection: Accord herbicide does not present significant skin concern requiring special protection. Respiratory Protection: Respiratory protection is not required under normal handling and use condi- tions. During periods of abnormal exposure to heavy spray or mist, use of NIOSH /MSHA approved cartridge respirator for pesticides is advised. Consult respiratory manufacturer to determine appropriate type equipment for given application. Respirator use limitations specified by NIOSH /MSHA or the manu- facturer must be observed. Ventilation: No special precautions recommended. Airborne Exposure Limits: Product: Accord herbicide - 100% by wt. OSHA PELTWA and ACGIH TLV/TWA/STEL not established. LU 0 m cc W O U U Q Q C F_ LL L`. U? rr w c Isopropylamine - <3% by wt. OSHA PEL/TWA: 5 ppm ACGIH TLV/TWA: 5 ppm ACGIH TLV /STEL: 10 ppm FIRE PROTECTION INFORMATION Flash Point: >200 °F. Method: Tag Closed Cup Extinguishing Media: Water spray, foam, dry chemical or CO or any Class B extinguishing agent. Special Fire Fighting Procedures: Firefighters and others who may be exposed to mist or products of combus- tion should wear a selfcontained breathing apparatus and full protective clothing. Equipment should be thoroughly cleaned after use. Unusual Fire and Explosion Hazards: None. f MATERIAL SAFETY DATA Page 3 of 5 REACTIVITY DATA Stability: Stable for at least 5 years under normal conditions of warehouse storage. Heated facilities are not required. Incompatibility: This product and spray solutions of this product should be mixed, stored and applied only in stainless steel, aluminum, fiberglass, plastic and plastic -lined containers. DO NOT MIX, STORE OR APPLY THIS PRODUCT OR SPRAY SOLU- TIONS OF THIS PRODUCT IN GALVANIZED OR UNLINED STEEL (EXCEPT STAINLESS STEEL) CONTAINERS OR SPRAY TANKS. This product or spray solutions of this product react with such contain- ers and tanks to produce hydrogen gas which may form a highly com- bustible gas mixture. This gas mixture could flash or explode, causing serious personal injury, if ignited by open flame, spark, welder's torch, lighted cigarette or other ignition source. Hazardous Decomposition Products: None. Hazardous Polymerization: Does not occur. to liberate heat. neutralization in This product can react with caustic (basic) materials This is not a polymerization but rather a chemical an acid -base reaction. HEALTH EFFECTS SUMMARY The following information presents both human experience and the results of scientific experiments used by qualified experts to assess the effects of Accord herbicide on the health of exposed individuals and to support the Precautionary Statements and Occupational Control Procedures recommended in this document. To avoid misunderstanding, the data provided in this section should be interpreted by individuals trained in evaluation of this type of information. Human Experience Inhalation and dermal contact are expected to be the primary routes of occupational exposure to Accord herbicide. Occupational exposure to this material has not been reported to cause significant adverse human health effects. On the basis of available information, exposure to Accord herbicide is not expected to produce significant adverse humai health effects when recommended safety precautions are followed. Toxicological Data Data from Monsanto studies with Accord herbicide and with Glyphosate, the active herbicidal ingredient of Accord, indicate the following: Oral LD (Rat): >5,000 mg /kg, Practically Nontoxic Dermal LD (Rabbit): >5,000 mg /kg, Practically Nontoxic Eye Irritation (Rabbit, 24 -hr.): Score = 0.0 on a scale of 110.0, Practically Nonirritating Skin Irritation (Rabbit, 24 -hr.): Score = 0.1 on a scale of 8.0, Practically Nonirritating Patch testing of guinea pigs with Accord herbicide produced no irritation following initial application; es- sentially no dermal responses were observed in the guinea pigs during subsequent repeated exposures in the induction phase. On challenge, animals did not exhibit a positive dermal response. Accord herbi- cide is not considered a dermal sensitizing agent in the guinea pig. r r J D D O O Z 1 O m (Health Effects Summary Continued On The Next Page) Min into MATE - HIAL SAFETY DATA _ Page 4 of 5 HEALTH EFFECTS SUMMARY (Continued) Toxicological Data (Continued): Solutions of Accord (0.8% v/v and 4.0% v /v) were applied to the intact and abraded skin of rabbits at a dosage of 2 ml /kg for 6 hours /day, 5 days /week for 3 weeks. Irritation of the skin at the site of applica- tion was apparent at all dose levels tested. Repeated dermal application did not produce systemic ef- fects as determined by hematology, clinical chemistry and histopathologic evaluations. In a 6 -month oral toxicity study, beagle dogs were administered Accord herbicide, at dosages of 10, 60 and 300 mg /kg /day. Slightly reduced body weight gains and increased alkaline phosphatase activities were observed in high -dose males. No other changes in histopathological, opthalmological, biochemical or clinical evaluations were noted. Glyphosate Glyphosate, the active herbicidal ingredient of Accord herbicide, has been tested in mutagenicity, teratogenicity, reproductive, acute, subchronic and chronic toxicity studies. For toxicity information on gyphosate. refer to the Glyphosate Technical Material Safety Data Sheet. W O V to cc W. cc D O V Q H Q w UL U Q J _Q Lam.! F-- Q A Threshold Limit Value (TLV) has been established by the American Conference of Governmental Industrial Hygienists for isopropylamine, a component of Accord herbicide. For further information on this material, please refer to the current edition of the Documentation of Threshold Limit Values. Additional Information PHYSICAL DATA Appearance: Colorless solution Odor: Essentially odorless pH: 4.6-4.8 Specific Gravity (Water = 1): 1.22- 1.25 SPILL, LEAK & DISPOSAL INFORMATION SP/LL/LEAK: Observe all protection and safety precautions when cleaning up spills — See Occupational Control Procedures. Liquid spills on floor or other impervious surfaces should be contained or diked, and should be absorbed with attapulgite, bentonite or other absorbent clays. Collect contaminated absorbent, place in plastic lined metal drum and dispose of in accordance with instructions provided under DISPOSAL. Thoroughly scrub floor or other impervious surfaces with a strong industrial type detergent solution and rinse with water. Liquid spills that soak into the ground should be dug -up, placed in plastic lined metal drums and disposed of in accordance with instructions provided under DISPOSAL. Leaking containers should be separated from non - leakers and either the container or its contents transferred to a drum or other non - leaking container and disposed of in accordance with instructions provided under DISPOSAL. Any recovered spilled liquid should be similarly collected and disposed of. Do not contaminate water, foodstuffs, seed or feed by storage and disposal. (Spill, Leak & Disposal Information Continued On The Next Page) ! IJ �0 L �Aa . MATERIAL SAFETY DATA Page 5 of 5 SPILL, LEAK & DISPOSAL INFORMATION (Continu DISPOSAL: Wastes resulting from the use of this product that cannot be used or chemically reprocessed should be disposed of in a landfill approved for pesticide disposal or buried on site in a safe place away from water supplies. All disposal should be in accordance with applicable Federal, State or local procedures. Empty container retains vapor and product residue. Observe all labeled safeguards until container is destroyed. Do not reuse container, destroy when empty. Do not reuse container. Return emptied container per the Monsanto container return program. If not returned, triple rinse container, then puncture and dispose of in a sanitary landfill, or by incineration, or, if allowed by State and local authorities, by burning. If burned, stay out of smoke. STORAGE: STORE ABOVE 10=F. (- 12 °C.) TO KEEP FROM CRYSTALIZING. Crystals will settle to the bottom. If allowed to crystalize, place in a warm room at 68'F. (20 0 C.) for several days to redisolve and mix well before using. ADDITIONAL COMMENTS Environmental Toxicity Information: 96 -hr LC Bluegill: >1,000 mg/l, Practically Nontoxic 96 -hr LC Trout: >1,000 mg'I, Practically Nontoxic 96 -hr TL Carp: >10,000 ppm, Practically Nontoxic 48 -hr EC Daphnia: 930 mg /I, Practically Nontoxic r , For environmental toxicity information on glyphosate, the active herbicidal ingredient of Accord herbicide, refer to the Glyphosate Technical Material Safety Data Sheet. i r— DATE: January, 1987 SUPERSEDES: None MSDS NO.: S00011151 FOR ADDITIONAL NON - EMERGENCY INFORMATION, CALL: 314- 694 -4000 Although the information and recommendations set forth herein (hereinafter "Information ") are presented - in good faith and believed to be correct as of the date hereof, Monsanto Company makes no representations as to the completeness or accuracy thereof. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Monsanto Company be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO INFORMATION OR THE PRODUCT TO WH ICH INFORMATION REFERS. r T D D a n n 0 0 z m P%wuro is a trademark oI Monsanto Company. .. . - r' This sample label is current a. amber 1. 1989. The product descriptions and n endations provided in this sample label are for background information only. Always refer to the label on the product container bef using Monsanto or any other agrichemical product. 6 r :6T " Monsarto Complete Directions for Use in Forestry and Utility Rights -of -Way. EPA Red Nn 524.326-AA AVOID CONTACT WITH FOLIAGE, GREEN STEMS, OR FRUIT OF CROPS, DESIRABLE PLANTS AND TREES, SINCE SEVERE INJURY OR DESTRUCTION MAY RESULT. mAccord is a registered trademark of Monsarrto Company. This product has been approved for we in California except as sta o on page 2IL 1989 -2 892.65. 00028 /CG Read the entire label before using this product Use only according to label instructions Read - LIMIT OF WARRANTY AND LIABILITY" before buy. ing or using. If terms are not acceptable return at once unopened. REFORMULATION IS PROHIBITED. SEE CONTAINER LABEL FOR REPACKAGING LIMITATIONS LIMIT OF WARRANTY AND LIABILITY This Company warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes set forth in the Complete Directions for Use label booklet ('Directions') when used in accordance with those Directions under the conditions described therein_ NO OTHER EXPRESS WARRANTY OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY IS MADE This warranty is also sub- ject to the conditions and limitations stated herein. Buyer and all users shall,promptty notify this Company of any claims whether based in contract; negligence. strict liability, other tort or otherwise Buyer and all users are responsible for all loss or damage from use or handling which results from conditions be- yond the control of this Company including, but not limited to, incompatibility with productsotfier than those set forth in the Directions, application to or contact with desirable vegetation, unusual weather, weather con& tions which are outside the range considered normal at the application site and for the time period when the product is applied. as well as weather conditions which are outside the application ranges set forth in the Oirec- tiocns, application in any manner not explicitly set forth in the Directions, moisture conditions outside the moisture range specified in the Directions, or the presence of products other than those set forth in the Directions in or on the soil, crow or treated vegetation. THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE LIMIT OF THE LIABILITY OF THIS COMPANY OR ANY OTHER SELLER FOR ANY AND ALL LOSSQ INJURIES OR DAMAGES RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT (INCLUDING CLAIMS BASED IN CON- TRACT. NEGLIGENCE. STRICT LIABILITY, OTHER IORTOR OTHERWISE) SHALL BE THE PURCHASE PRICE PAID BY THE USER OR BUYER FOR THE QUANTITY OF THIS PRODUCT INVOLVED. OR, AT THE ELECTION OF THIS COMPANY OR ANY OTHER SELLER, THE REPLACEMENT OF SUCH QUANTITY, OR, IF Nor ACQUIRED BY PUR- CHASE, REPLACEMENT OF SUCH QUANTITY. IN NO EVENT SHALL THIS COMPANY OR ANY OTHER SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. Buyer and all users are deemed to have accepted the terms of this LIMIT OF WARRANTY AND LIABILITY which may not be varied by any verbal or written agreement PRECAUTIONARY STATEMENTS Hazards to Humans and Domestic Animals Keep out of reach of children. CAUTION! MAY CAUSE EYE IRRITATION. Avoid contact with eyes, skin or clothing, Wash thoroughly with soap and water after handling. FIRST AID: IF IN EYES, flush with plenty of water for at least 15 minutes Get medical attention. IF ON SKIN, flush with wateE Wash clothing before reuse In case of an emergency involving this product_ Call Collect, day or night (314) 6944000. Environmental Hazards Do not contaminate water when disposing of equipment washwaters Treatment of aquatic weeds can result in oxygen lens from decomposition of dead plants This lens can cause fish suffocation. In case of: SPILL or LEAK, soak up and remove to a landfill. Physical or Chemical Hazards Spray solutions of this product should be tuned, stored and applied only in stainless steel, aluminum, ribergtass, plastic and plastic -lined steel cDnbkw s. DO NOT MIX, STORE OR APPLY THIS PRODUCT OR SPRAY SOLUTIONS OF THIS PRODUCT IN GALVANIZED STEEL OR UNLINED STEEL (EXCEPT STAINLESS STEEL) CONTAINERS OR SPRAY TANKS This product or spray solutions of this product [Oct with such containers and tanks to produce hydrogen gas which may I" a high- ly combustible gas mixture. This gas mi rtm could flash or explode causing serious personal iniM, if ignited by open flame spark, welder's torch, lighted cigarette or other ignition source ACTIVE INGREDIENT 'Glyphosate, N{phosphonometfoltycme in the form of its isopropytamine salt .... 41_54 INERT INGREDIENTS: ................. 58.54 100.0 'Contains 480 grams per litre or 4 pounds per U.S. gal- lon of glyphosate. N{phosphonomeorfQ gtycine in the form of the isopropyiamine salt Equiwlent to 356 grans per litre or 3 pounds per U.S. gallon of the acid. glyphosate. DIRECTIONS FOR USE It is a violation of Federal law to use this product in at manner inconsistent with its caw ing. Storage and Disposal Do not contaminate water, foodstuffs, feed or seed b storage or disposal. STORAGE STORE ABOVE 10 0 F(- 12 KEEP PRODUCT FRON CRYSTALLIZING. Crystals will settle to the bottom If allowed to crystal lize. place in a warm room 68 F (20 °C) for several dap. to redissolve and roll or shake container or recirculate it mini -bulk containers to mix well before using. For bull containers, see container label. DISPOSAL Wastes resulting from the use of this product that can, not be used or chemically reprocessed should be disposed of in a landfill approved for pesticide disposal or in accordance with applicable Federal, state or local procedures. Emptied container retains vapor and product residue Ob- serve all labeled safeguards until container is cle2ned, reconditioned or destroyed. (See the individual container label for dis;csal information.) GENERAL INFORMATION This product a water soluble liquid. mixes readily with water and nonionic surfactant to be applied as z foliar spray for the control or destruction of most herbaceous and woody plants This product moves through the plant from the point of foliar contact to and into the root system. Visible effects on most herbaceous weeds occur within 7 days but on most woody plants may not occur for 30 days or more After any site disturbance, such as logging, mechanical brush mmoval or mowing, allow stump sprouts, resprouts and foliar regrowth from woody brush and perennial her- baceous weeds sufficient time to regrow before treatment Always use the higher recommended rates of this product and surfactant when treating dense multicanopied sites of woody vegetation or difficult-bo- control woody and her- baceous plants Reduced control may result when woody brush, trees and herbaceous weeds are treated under poor growing cor►- ditions caused by drought, disease or insect damage Reduced control may result if the foliage of undesirable vegetation is covered with dust at the time of treatment Rainfall occurring within 6 hours after application may reduce effectiveness. Heavy rainfall within 2 hours after application may wash the product off the foliage and a repeat treatment may be required. Buyer and all users are responsible for all loss or damage in connection with the use or handling of matures of this product with herbicides or other materials that are not expressly recommended in this label. Mixing this product with herbicides or other materials not recommended on this label may result in reduced performance F0RESTRY SITE PREPARATION AND UTI LITY RIGHTS -OF -WAY This product is recommended for the control or partial -control of woody brush, trees and herbaceot weeds This product is labeled for use in forestry and utility sites, in- cluding utility rights -of -way. This product is also recom- mended for use in preparing or establishing wildlife openings and maintaining logging roads. In forestry, this product is recommended for use in site preparation prior to planting any tree species. including Christmas trees and silvicultural nursery sites In utility rights -of -way, this product is recommended for use along power. pipeline, telephone and in other utili- ty sites such as substations, etc APPLICATIO RAT AND TIMING SPRAY VOLUME BROADCAST ACCORDO GAL /A Aerial 2 to 5 gts/a 5 to 30 Ground 2 to 5 guru IO to 60 SPRAY -TO -WET Handgun. Backpack. 3/4 to 2'. spray- to-wet Mistblower by volum In forestry site preparation and utility rights-of -way ap- plication this product requires use with a nationic sur- factant. Use a nonionic surfactant labeled for use with herbicides Use of this product without surfactant will result in reduced performance See the "MIXING AND APPLICATION INSTRUCTIONS section of this label for more information. For surfactants with greater than 50 percent active ingredient- mix 2 or more quarts of the nonartic surfac- tant per 100 gallons of spray solution (0.5 percent or more by spray volume). Use of surfactant concentrations greater than 1.5 percent by spray volume with handgun .applications or 2-5 percent by spray volume with broad- -3st applications is not recommended. For surfactants with up to 50 percent active ingredient. mix 4 or more quarts of the nonionic surfactant per 100 gallons of spray solution (I percent or more by spray volume). Use of surfactant concentrations greater than 3 percent by spray volume with handgun applications or 5 percent by spray volume with broadcast applications is not recommended. Less than complete coverage of weeds may result from the use of spray equipment designed for motorized spot treatments Where less than complete coverage occurs, use a 5 percent solution. For low volume mistblower applications up to a 5 per- cent solution may be used. Use higher rates of this product within the recommended range for control or partial control of woody brush, trees and hard -to -control perennial herbaceous weeds In- crease rates within the recommended range for control of perennial herbaceous weeds any time after emergence For best results, apply to actively growing woody brush and trees after full leaf expansion and before fall color and leaf drop Use the lower rates of this product within the recom- mended range for control of annual herbaceous weeds Apply to the foliage of actively growing annual herba- ceous weeds any time after emergence. For hest results; apply to the actively growing foliage of perennial herba- ceous weeds after seedheads, flowers or buries appear This product has no herbicidal or residual activity in the soil. Where repeat applications are necessary. do not ex- ceed 10.6 quarts of this product per acre per year. FORESTRY CONIFER RELEASE POSTDIRECTED SPRAY In established forestry conifer sites, including Christmas tree plantations and sihriculturaf nurseries. use a 2 per- cent spray solution for the control of undesirable woody brush and trees To control herbaceous weeds use a I to 2 percent solution. Avoid contact of spray drift or mist with foliage or green bark of desirable species For.surfactants with greater than 50 percent active ingredient, mix 2 or more quarts of the nonionic surfac- tant per 100 gallons of spray solution (0.5 percent or more by spray volume). Use of surfactant concentrations greater than L5 percent by spray volume with handgun applications or 2.5 percent by spray volume with broad- cast applications is not recommended. For surfactants with up to 50 percent active ingredient mix 4 or more quarts of the nonionic surfactant per 100 gallons of spray solution (1 percent or more by spray volume.) Use of surfactant concentrations greater than 3 percent of spray volume with handgun applications or 5 percent by spray volume with broadcast applications is not recommended. CONIFER RELEASE Except where specifically recommended below. use only where conifers have been established for more than one year. APPLICATION MUST BE MADE AFTER FORMATION OF FINAL CONIFER RESTING BUDS IN THE FALL OR PRIOR TO INITIAL BUD SWELLING IN THE SPRING. Injury may occur to conifers treated for release esptcially where spray patterns overlap or the higher rates are ap- plied Damage an be accentuated if applications are made when conifers are actively growing, or are under stress from drought flood water insects or diseases This product may require use with a nonionic surfactant For hest result; tank -mix Accord herbicide with Entry II surfactant Follow the instructions under the "Mixing" portion of the "MIXING AND APPLICATION INSTRUCTIONS" section of this label. For release of ttie following conifer species outside the southeastern United States Douglas fir Pine• PSeudotsuga menrfesii Pinus SPA Fr Spruce Abies spR Picas SPA HemWX* Tsuga SPA 'Includes all species except eastern white pine loblolly pint longleaf pine, shortleaf pine or slash pine "Use of additional surfactant is not recommended for release of hemlock species In mixed conifer stands in- jury to hemlock may result it a surfactant is used. Apply 1 to 2 quarts of this product per acre as a broad- cast spray. In Washington and Oregon, use only where conifers have been established for at least one growing season .lease jack pine, red pint; white pint and white spruce apply I to 2 quarts of this product with 2 ounces of Oust" per am Make applications to actively grow- ing weeds as a broadcast spray vier the top of established conifers Applications at these rates should be made after formation of conifer resting buds in the late summer or fall For bat results. ma up to 10 fluid ounces of Entry I I per quart of Accord herbicide applied per acre Injury may occur.to conifers treated with greater than 20 fluid ounces per we of Entry 11, especially where spray patterns overlap Where conifer injury may be a concern. do not erred 20 fluid ounces pa acre of Entry 11. NOTE. In the coastal range and at elevations below 1500 feet in Washington and Oregon, conifer injury may result when rates of Entry II exceed 10 fluid ounces per acre for conifer release When conifer injury may be a concern in these designated areas, use of Entry 11 at rata grater than 10 fluid ounces per acre is not recommended. For release of the following conifer species in the south- eastern United States: Loblolly pine Slash pine Pinus beda Pinus ellidaii Eastern white pine Pinus strobus Apply L5 to 2.5 quarts of this product tiff acre as a broadcast spray during late summer or eark fall after the conifers have hardened off. In the southeastern United States mix up to 20 fluid ounces per acre of Entry 11 with the recommended rate of Accord, always read and follow the manufactures s label recom- mendations for all herbicides and surfactants used- HERBACEOUS RELEASE Vlhen applied as directed. this product plus Oust provides postemergence control of the annual weeds and control or suppression of the perennial weeds listed in this label. and residual control of the weeds listed in the Oust` label Make applications to actively growing weeds as a broadcast spray ever the top of the newly established or established conifers. To release loblolly pines. apply 16 to 24 ounces of this producL plus 2 to 4 ounces of Oust per acre To release slash pines apply 12 to 16 ounces of this product plus 2 to 4 ounces of Oust per acre Mix up to 6 fluid ounces per acre of Entry If with the recommended rate of Accord plus Oust tank mixtures Wad control may be reduced if water volumes exceed 25 gallons per acre for these treatments Always read and follow the manufacturer's label recom- mendations for all herbicide and surfactants used. NOTE Except where specifically prohibited, a nonionic surfac- tant with up to 50 percent active ingredient may be used at the same rates as are given for Entry II for conifer release or herbaceous release applications When using a nonionic surfactant with greater than 50 percent active ingredient use one -halt the amount recommended for Entry 11. Use a nonionic surfactant labeled for use with herbicides. For conifer release or herbaceous release api. do not mix more than one surlactant with Accord. "oust is a tnoemark of E.I. du Pam de Nenoms acrd fompanr. 'Entry n a rnoemark of Monsanto Comoamr_ WETLAND SITES This product may be used in and around crater and wet- land found in forestry and utility rights- of - watsites, in- cluding land adjacent to and surrounding domestic water supply reservoirs, supply streams lakes and ponds. Read and observe the following before making appiiations in and around water. Consult local public water control authorities before ap. plying this product in and araxnd public water Permits may be required to tteat in such areas There is no restriction on the use of heated water for ir- rigation. recreation or domestic purposes Do not apply this product directly to water within 1/2 mile upstream of a potable water intake in flowing water (i.e.. river. stream. etc) or within 112 mile of a potable water intake in a standing body of water such as a lake. pond or resenonr. This restrr_nwn does not apply to terrestrial applications mao: adjacent to potable water intakes Do not spray across open moving bodies of water where woody brush. trees and h weeds do not exist- The maximum =_opiication rate elf 5 quarts per acre must not be exceeded in a single application. APPLY THESE SPRAY SOLUTIONS IN PROPERLY MAIN- TAINED AND CALIBRATED EQUIPMENT CAPABLE Of DELIVERING DESIRED VOLU"ES. HANDGUN APPLICA. TIONS SHOULD 3E PROPERLY{ DIRECTED M AVOID SPRAYING DESIRABLE PUNTS. NOTE: REDUCED RESULTS MAY OCCUR If WATER CONTAINING SOIL iS USED, such as 71ATER FROL1 PONDS AND UNLINED DITCHES. MIXING This product mixes readily with water Mix spray solutions of this product as follows: Fill the mixing or spray tank with the required amount of water while adding the re- quired amount of this product (see the "DIRECTIONS FOR USE" and ' r1EEDS CONTROLLED" sections of this fbel)_ Near the eno of the filling process add the re- quired surfactant and mix well. Remove hose from tank immediately after filling to avoid siphoning back into the water source During mixing and application. foaming of the spray solution may occur: To prevent or minimize foam:[ avoid the use of mechanical agitatm place the filling hose below the surface of the spray solution, ter- minate by -pass and return lines at the bottom of the tank and, if needed. use an approved antifoam or deinaming agent APPLICATION EQUIPMENT AN D TECHNIQUES ATTENTION AVOID DRIFT. EXTREME CARE MUST BE USED WHEN APPLYING THIS PP.ODUC, M PREVENT INJURY TO DESIRABLE PUNTS AND CROPS. Do not allow the heroicide solution to mist drip drift. or splash onto desirable vegexatan since minute quan- tities of this pmouct can cause severe damage or destruc. tion to the crop plants or other areas on which , was not intended. The likelihood of plant or cropinlury occurring from the use of this product is greatest when winds are gusty or in excess of 5 miles per bony or when other conditions, including lesser wind velocities, will al- low spray drift to Omar. When spraying, avoid combina- tions of pressure and nozzle type that will resutt in splatter or fine particles (mist) which are likely to drift AVOID APPLYING AT EXCESSIVE SPEED OR PRESSURE NOTE: Use of this product in any manner not consistent with this label may result in injury to persons animals or crops or other unintended consequences When not in use keep container closed to prevent spills and contamination. ■ AERIAL EQUIPMENT ■ This product is recommended for application by be icop- ter only in forestry sees and utility rights -of -way. Use the recommended rates of this product and surfactant in 5 to 30 gallons of clean water per acre as a broadcast spray. (ACCORD PLUS OUST TANK MIXTURE MAY NOT BE AP PLIED BY AIR IN CALIFORNIA.) IN CALIFORNIA. AERIAL APPLICATION MAY ONLY BE MADE IN NONRESI ;NTIAL, FORESTRY SITES AND CHAPPARAL AREAS. AVOID DRIFT — DG ';GT APPLY DURING INVERSION CONDITIONS. WHEN 'WINDS ARE GUSTY. OR UNDER ANY OTHER CONDIT :J.'i WHICH WILL ALLOW ORIFT: DRIFT MAY CAUSE CANCAGE TO ANY VEGETATION CON- TACTED TO WHICH TREATMENT IS NOT INTENDER TO PREVENT INJURY T< ADJACENT DESIRABLE VEGETA- TION. APPROPRIATE BUFFER ZONES 41UST BE MAIN- TAINED. Coarse sprays are less 4&afy to drift therefore do rot use nozzles or nozzle coni_rations which dispense spray as fine droplets Drift control additives :� be used for forestry site prepa- ration and utility rignt-_f -way applications DO NOT USE DRIFT CONTROL ADC:: LAVES FOR CONIFER RELEASE OR HERBACEOUS RELEA:: APPLICATIONS. When a drift control additive is us::. read and carefully observe the cautionary statement and all other information appear- ing on the additive lacji. Thoroughly wash aircz especially landing gear, after each day of spraying to remove residues of this product accumulated during nrayrng or from spills PROLONGED EXPOSURE Of THIS PRODUCT TO UNCOATED STEEL SURFACES MAY RESL "u IN CORROSION AND POSSIBLE fAIWRE Of THE PART. LANOING GEAR APE MOST SI;S- CEPTIBLE. The maintenance of an organic coating (paint) which meets aerospace specification MIL- C.39413 may prevent corrosion. ■ GROUND BROADCAST EQUIPMENT ■ This product is recommended for broadcast appliati m using suitable ground equipment in forestry sites, ut& ty sites and utility rights -of -way. Use the recommended rates of this product Pius surfactant in 10 to &D gallons of dean water per art- as a broadcast spray. Check for even spray distribution throughout the spray pattern. ■ BACKPACK, HANDGUN OR _ ■ MISTBLOWER EQUIPMENT This product is recommended for application through backpack handgun or nand -held matblower equipment Use the recommended tares of this product plus surfac- tant in clean water as a spray -to -wet application. Spray coverage should be unriarm and complete, but not to the Point of runoff. It is suggested that the recommend amount of this product and surfactant be mixed it Larger container and then added to the sprayer. FEfIR ffINTRfILIFF When applied as recommended under the condition described, this product CONTROLS. PARTIALLY COI TROLS or SUPPRESSES most woody brush, trees and he bacemn weeds, some of which are listed below. WOODY BRUSH AND TREES Aida Nolly, FWda; Anus spA Brazilian Peppedtee Asir schinus fraxinus spA terebinihilolius Aspen, quaking Honeysuckle Popums tremuloides Lonicera spA Beama it (Bearclond Kudzu Chamaebatia foliolasa Pueraria lobata Bach Locust, black Tagus gnndifolia Robinia pseudoacma Birch Madrone Betula spA ti butus menziesit Blackheny Manzanita RubusspA 4.-ctcstaph.losspa Blackgum Maple Nyssa spA .4 SPA Bracken Monkey flower Pteridium spA ,limulus guttalus B mmm Oak French Quercus SPA Cytisus Persimmon monspessulanus uiospyros SPA Scotch Pine Cytisus scoparius Finus spQ Buckwheat, California Poison Ivy Etiogortum Rhus radio;:.; fasciculatum Poison Oak Cason Rhus toxicodendron Rhamnus purshiana P oplar, yiw Catsdaw Liriodendron tulipifera Acacia VrUi Raspberry Cean mhos Rubus spA Canol♦mus spA Rose, multiflora Chamise Rosa multiftora Adenastoma Sage black fasciculatum Salim mellifera Ch es t Sagebrush, Cafitornia Bitter Artemisia calilornica Prunus emarginata Safmonberry Bfadt Rubus spectabilis Prunus serotina Saftbush, Sea myrtle Pin Baccaharis haltmifolia Prunus pensylvania Sassafras Coyote brush sassafras albidum Baccharis consanguinea Sourwood Oxydendrum arboreum Creepe, Virginia Parthenocissu Sumac quinquefolia Rhus spQ Dewberry Sweet Gum Rubus Uinalis Liqurdambar styraciflua Elderberry Sainbuuu SPA Elm lllmus spa Eucalyptus, bluegum Eucalyptus ghrtulus Hasardia HaplopaPpus squamosus Hawthorn Crataegus spA Hand Cveytus SPA — Swordfern Polystichum munitum Tallowbee, Chinese Sapium sebiferum Tan Oak Lithocarpus densiflorus Thimbleberry Rubus parvillorus Tobaccq tree Xicotiana gtaua Trompetueepe Campsis radians wa: myrtle, southern Myria ceritera willow Satin spA HERBACEOUS WEEDS Bahiagrass Lambsquarters, common Paspalum notatum Chenopodium album BaLcamappie Momadica charantia Bamyardgrass Echinochloa trus-galli Bassia, fivehook Bassia hyssopilolia Bermudagrass Cynodon dacty1w Bindweed, field Comoivulus arrerrsis Bluegrass, Kentucky Pba pratensis Brackenfern Ptendium aquilinum Brave Bromus spA Bromegrass, smooth Bromus inermis Broomsedge Andmpogen spA Buttercup Ranunculus spA Cheat Bromus sealinus Chickweed, mouseear Cerastium ruigatum Clover, red Trilolium pratense Clovet, white Trifolium repevn Cocklebur Aanthium strumarium Crabgrass Oigitaria spA Dallisgrass Paspalum dilatatum Dock curly Rumer crispus Dwarfdandeiion Krigia cesprtasa falsefla:, snuilseed Camelina m,aoarpa lettuce, prickly Lactua sernota Maningglory 1pomoea spA Muhly, wirestem M. uhlenberg a bondonss Mullein, common verbascum taapsus Mustard, blue Chorispora renella Mustard, tansy Desturainia pinata Mustard, tumble Sisymbrium alussimum Mustard, wild Sinapis anensis Napiergrass Pennisetum purpureum Nightstadr, sihedeaf Solarium elaeagnilolium Nuts-edge: puke, yellow Cypenrs rotundus Cyperus esculentus Oats, wild Avena fatua Drchardgrass Dacfylis glomerata Panicum Panicum SPA Pampasgrass Cartadevia jubate Pennycrea, field 7blaspi arose Pigweed,redroot Amaranthus mtroflexus Pigweed, smooth Amaranthus nybridus Quackgrass Agtopymn reaens Ragweed, common Ambrosia artemrsafolta ftsae Ragweed, giant ji5fucs SPA Ambrosia bilida Fdelleneck Ryegnm perern ial Amsindw spA Lolium perenae Finical fleabane Sandbur, field CaVa bonariensis Cenchrus spA Fleabane Shepherdspurse &igeoo SPA Capsella bursa- pastaris Fostal Signalgrass, broadlaf Sebris SPA Brachiaria platypWis Woaadsd, common Smartweed, Pennsylvania Senetio vulgaris Pkolygonum Guineapass pensylranicum Panicum maximum Sowthistle, annual Homenettle Sonchus ol eraceus SAlaaum arolinese Spanishneedles Horseweed Bidens bipinnata Carya canadenis Spumy, umbrella iwwmnm Holosteum umbellatum Sorghum halepmse Stinkgrass Kanyugrass Eragrustis dhanensis Pennisetum Thistle, Canada dandestinum Cesium anense Knapweed Thistle, Russian Centaurea mpens Salsola kali Kochia yaseygr,s Rarhra stvParia Paspalum urvillei witthgrass Panicum apillare FORESTRY AND UTILITY RIGHTS -OF -WAY INJECTION AND CUT STUMP APPLICATIONS Woody brush and trees may be controlled using injection or cut stump applications of this product INJECTION APPLICATION Apply the equivalent of 1 ml of this product for each 2 inches of trunk diameter This is hest achieved by apply. ing 25 to 100 percent concentration of this product either to a continuous frill around the tree or as ads evenly spaced around the tree below all branches As tree diarrxta increases in size better results are achieved by applying dilute product to a continuous trill or more closely spaced cuttings. Avoid application techniques that allow runoff to occur from frill or cut areas in species that exude sap freely after fnlls or cutting. In species such as this, make frill or cut at an oblique angle so as to produce a cupping effect and use undiluted product. For best result; applications should be made during peri- ods of attire growth and after full leaf expansion. CUT STUMP APPLICATION Woody vegetation may be controlled by treating freshly cut stumps of trees and resprouts with this product Ap. ply this product using suitable equipment to ensure coverage of the entire cambium. Cut vegetation dose to the sod surface Apply a 50 to 100 percent solution of this product to the freshly rent surface immecWely after cut. fing: Delay in applying this product wilt result in reduced performance For bat results, application should be made during periods of active growth and full leaf ex- pansion. When used according to directions for injection or cut stump application, this product will CONTROL PARTIA! XNTROL or SUPPRESS most woody brush and tote species, some of which are listed below: Alder Oak Anus spA Quacus SPA Cgddxush Poplar Baacharis consanguine Populas SPA Dogwood Saftcedu Corpus SPA Tamara spA Eucalyptus Sweetgum Eualyptus spA Liqukwnbar styraaflw Hickory Sycamore cap SPA Platanus ottidentalis Madrone Tan oak Arbutus mentiesit Lithoerpus densillarus Maple willow Ater spA salix SPA CALIFORNIA AcomP herbicide has been approved by the US Emn<on- mmbl Pnrtectim Agency for the usm sups and sites listed on this label and by California under label designa- tion 1989 -1. Approval of the items listed below is pending under the State of California registration requirements with the exception of these items, this booklet contains the material approved by California in label 1989-1. These use cor>dibons, sups and sites may not be treated with this product in California until approval is received • Use of any concentration other than 110 2 pelt for sprayto*-!t applications with handgun or backpack eQolO�t. • H an6held maiblower equipment • Use of this product for control on the following species Beech Pine Broornsedge Russian Olive • Use of this product with Entry II surfa=t. • Use of this product to injection treatments on the !w- lowing sPecim Alder Sattcedar Coo Wxush Tan Oak Eucalyptus 4111low Madmne • Use of this product for cut stump treatments on the following species Co Maple Dogwood Poplar Hickory Sycamore Product protected by U.S. Patent No. 3.799.758 and U.S. Patent No. 4.405.531. Other patents pending. No license granted under any non -U.S. patent EPA Reg. Na 524-326 -AA 892.65- 000.28 /CG In case of an emergency involving this product Call Collect day or night 014) 694 -4000. 0s MONSANTO COMPANY 1989 MONSANTO COMPANY AGRICULTURAL PRODUCTS L'vLl SL LOUIS. MISSOURI. 63167 U.SA (_titer Bulletin Number 1 January 198.q Rodeo® Herbicide: Toxicological and Summary Environmental Properties Water is a vital necessity for all living things and Protection of this essential resource is a major national concern. Ever increasing demands placed upon America's water supply make sound manage. ment of this critical resource essential if commercial and recreational needs are to be met. One of the most serious problems facing America's water resource managers is control of undesirable aquatic vegetation. The aquatic weed infestations in the U.S. are widespread and adversely effect water movement and availability . Aquatic weeds reduce property values, block shipping lanes and provide a breeding place for mosquitoes, rodents and other pests which carry diseases. They can impart an undesirable odor and color - to drinking water in reservoirs and markedly reduce water flow in crop irrigation canals and drainage ditches. In addition, aquatic weeds encourage flooding, decrease the holding capacity of lakes and ponds by causing more rapid silting, destroy fish habitats and interfere with recreational activities such as swimming, boating and fishing. RodeoO herbicide, a broad spectrum aquatic herbi- cide by Monsanto, effectively controls emerged grasses and broadleaf weeds growing in or in close proximity to aquatic sites. Water resource managers can utilize Rodeo herbicide to markedly improve the quality and utility of our water resource without adversely effecting human health, wildlife or the environment. Introduction Aquatic plants growing out -of- control in or near water can be extremely detrimental to the commer- cial and recreational use of aquatic areas. Effective control of these plants dramatically improves the aquatic environment and thereby contributes to optimum commercial and recreational utilization of the water resource. There are various methods of aquatic vegetation management available and which method(s) is (are) selected is determined by the use of the water body, by available resources and by government regula- tions. Aquatic herbicides are among the most effec- tive and economical aquatic vegetation management tools. Mechanical harvesting, environmental changes (water level fluctuation, i.e. drawdown) and biological control methods provide afternative, although fre- Herbicide quently less effective and more costly, approaches for managing undesirable aquatic vegetation. Rodeo herbicide by Monsanto provides effective broad spectrum control of emerged weeds growing in or adjacent to aquatic sites. Extensive scientific data firmly support an extremely favorable health and environmental assessment of this herbicide. Study results show that Rodeo is practically nontoxic to mammals, birds and aquatic species. It is rapid y and completely biodegraded into natural products and does not bioaccumulate in the food chain. Her. when Rodeo herbicide is used according to lab?► directions, there is little likelihood of adverse health or environmental effects. Because of its efficacy and favorable toxicological and environmental properties, Rodeo may be used for weed control in all bodies of fresh water and in all types of aquatic sites. The purpose of this Bulletin is to provide a com- prehensive review of the extensive toxicological and environmental study data which demonstrate'_' ^.at Rodeo herbicide can be used to control aquatic weeds without adversely effecting human and animal health or the environment. Safety /Hazard Assessment Before any new herbicide can be marketed in the United States for control of undesirable vegetation, years of extensive testing and evaluation are recuired to define its potential impact on human health, 'wild. ► life and the environment. Factors evaluated in the safety/hazard assessment of Rodeo herbicide include: use rates; nature and degree of exposure to man, animals and the environment and acute (siriort term) toxicity. Factors evaluated in the safety/'hazard assessment of glyphosate, include: environmental fate; degradation mechanism; potential for bioaccumula lion in the food chain; and tests to assess acute effects and long term (chronic) adverse effects such as development of tumors, heritable mutations, birth defects, nerve damage and reproductive changes. Toxicological Evaluations Both Rodeo herbicide and glyphosate were evalu. ated in numerous toxicological tests with laboratory animals using concentrations at and far in excess of the normally anticipated exposure levels. Results of these tests define the toxicity of the herbicide. Using these data, an evaluation can be made of the likeli. TABLE 2. ENVIRONMENTAL TOXICITY DATA Rodeo" Herbicide: 96 hr. LC50 Bluegill Sunfish = >1000 mg /l, practically nontoxic 96 hr LC50 Trout = >1000 mg /l, practically nontoxic 96 hr. L C50 = Carp >10,000 mg/l, practically Trout nontoxic 48 hr. LC50 = Daphnia 930 mg /l, practically nontoxic magna = 780 mg /1, practically nontoxic Glyphosate: 96 hr. LC50 Bluegill Sunfish = 120 mg /1, practically nontoxic 96 hr. LC5o = 86 mg /I, slightly toxic Trout 96 hr. LC5o Carp = 115 mg /I, practically nontoxic 48 hr. LC Daphnia = 780 mg /1, practically nontoxic magna 48 hr. TL. Atlantic Oyster = >10 mg /I, slightly toxic 96 hr. LC = Shrimp 281 mg /1, practically nontoxic 96 hr. LC = Fiddler Crab 934 mg /I, practically nontoxic 96 hr. LC = Harlequin Fish 168 mg /l, practically nontoxic 5 day LC = Mallard Duck >4640 mg /I, practically nontoxic 5 day LC 50 =. Bobwhite Quail >4640 mg /l, practically nontoxic 48 hr. LD = Honeybee >100 1,g/bee, practically nontoxic Rodeo Herbicide Does Not Bioaccumulate Extensive studies were performed to evaluate the potential of the glyphosate to bioaccumulate in the food chain. The high water solubility and low lipid solubility of glyphosate indicate that it should not bio- accumulate and, in fact, experimental findings confirm that glyphosate does not bioaccumulate. There is minimal tissue retention and rapid elimina- tion of glyphosate residue from several animal species including mammals, birds and fish. The lack of retention in tissues and the rapid elimination of glyphosate from animals indicates that even in the event of repetitive exposures, glyphosate will not bioaccumulate in the body. Because glyphosate binds to soil particles very tightly and also because natural lakes, streams and other bodies of water are in constant movement, it is virtually impossible to achieve a glyphosate concen- tration in natural water systems sufficient to produce toxic levels or residues in fish. This conclusion is firmly supported by results of laboratory studies in which a variety of fresh water fish (catfish, trout, bass) were exposed for 10-14 days to water contain. ing glyphosate at concentrations that were as much as 4 -times greater than the maximum instantaneous concentration at the water surface under normal use conditions. Analysis of the exposed fish showed that the bioconcentration values for glyphosate in tissues were insignificantly low fn the range of 0.1 -0.3) and that most of the small amount of glyphosate which could be detected was localized in the nonedible portions of the fish. These results confirm that glyphosate does not bioaccumulate in fish even after a prolonged, high level of glyphosate exposure. The potential for glyphosate to bioaccumulate was also evaluated using other animal species in addition to fish. When milk and eggs from cows and chickens fed diets containing glyphosate were analyzed, glyphosate residue was not detectable (i.e., less than 0.025 ppm). Feeding studies with chickens, cows and swine showed that ingestion of up to 75 ppm glyphosate resulted in nondetectable glyphosate residue levels (i.e., less than 0.05 ppm) in muscle tissue and fat Results obtained in the various studies performed with mammals, birds and fish confirm that glyphosate will not bioaccumulate in the food chain. Rodeo Does Not Persist in the Environment Results of the environmental fate and laboratory studies show that glyphosate binds to soil particles very tightly and does not leach from soil. Under laboratory conditions, no detectable glyphosate was' leached from soil contained in columns that were eluted with water continuously for 45 days. Microorganisms normally present in soil biode- grade glyphosate rapidly (average soil half -life = 60 days) and completely into natural products_ carbon dioxide, nitrogen, phosphate and water. Microbial biodegradation of glyphosate proceeds under both aerobic and anaerobic conditions. Glyphosate does not photodegrade under laboratory conditions and photodegradation of glyphosate in the field is considered to be negligible. Loss of glyphosate due to chemical decomposition and volatilization is also considered to be negligible. The breakdown of glyphosate takes place primarily by microbial degradation. Soil and water micro- organisms are not harmed, however, because of Participation in or as a result of glyphosate decom- position. Microorganisms in soil exposed to 5 ppm and 25 ppm of glyphosate, for example, showed no adverse effects in terms of nitrogen fixation, nitrifica- lion or degradation of protein, starch and leaf litter. The stability of glyphosate in water has been studied under both sterile and nonsterile conditions. As expected, glyphosate was found to be completely stable in sterile water since no microorganisms were present to degrade it and chemical degradation does not occur. Based on results of laboratory expert• ments, once bound to suspended soil particles or deposited in bottom soil, glyphosate dissipates rapidly from water (half-life= approximately 2 weeks). Water temperature, degree of water movement, water pH and the type of soil present in the water are among the key determining factors in the water half - life value obtained for glyphosate. For example, somewhat longer water half -rife values have been reported for various norflowing natural water systems, including: sphagnum bog (pH 4.23), 7 weeks; cattail swamp (pH 6.25), 9 weeks; and pond water (pH 7.33). 10 weeks. Ordinarily, however, natural water systems are constantly moving and glyphosate is rapidly dissipated from them by both microbial degradation and dilution. Exposure /Environmental Fate Review The potential for glyphosate exposure to humans and animals together with the environmental fate characteristics of glyphosate have been systematically evaluated. Results obtained in these investigations coupled with the relatively low inherent toxicity of glyphosate support the conclusion that Rodeo herbi- cide will not adversely effect humans, wildlife or the environment when used in accordance with label instructions. Glyphosate has a very low vapor pressure and does not volatilize. This desirable physical proper-ty eliminates the possibility of human and animal exposure due to glyphosate vaporizing from a site treated with Rodeo herbicide and then moving into nontarget areas. Exposure of humans, livestock and wildlife to glyphosate as a consequence of consump- tion of food is also very low because glyphosate does not bioaccumulate in the food chain. Using toxicological data, the Environmental Protection Agency (EPA) has established the human acceptable daily intake (ADI) value for glyphosate at 0.10 mg /kg body weight/day. This ADI value translates into a maximum permissable intake (MPI) value of 6 mg glyphosate /day for the entire human life span. Based on this MPI value, it is essentially impossible for a person to consume the amount of glyphosate that would be necessary to cause adverse effects by drinking water or eating food (meat. fish, fruits, vegetables, grain, milk, eggs, etc.) obtained from areas treated with Rodeo herbicide according to label instructions. Health and Environmental Conclusions RodeoO herbicide is a postemergence herbicide developed by Monsanto for use in controlling unde- sirable vegetation growing in and adjacent to aquatic sites. Rodeo is an efficacious herbicide having excellent toxicological and environmental properties. When used according to label instructions, Rodeo will effectively control aquatic vegetation without adversely effecting human and animal health or the environment. Based on the massive body of scientific datz developed by Monsanto and submitted to govern- ment regulatory agencies, it can be concluded that when used in accordance with label instructions: • Rodeo is a highly effective aquatic herbicide. • Rodeo can be used to control weeds growing in and adjacent to all bodies of fresh water and all types of aquatic sites which contain flowing o. nonflowing water. • Rodeo is practically nontoxic to mammals. birds and fish following single exposures. Following prolonged animal exposures, glyphosate does not cause tumors, heritable mutations, nerve damage or reproductive changes. • Rodeo is rapidly and completely biodegraded into natural products by microorganisms present in soil and water. • Rodeo does not persist in the environment • Rodeo does not bioaccumulate in the food chain. • Rodeo will control aquatic weeds without adversely effecting human health, wildlife or the environment. Written by E. J. Brandt, Ph.D., Monsanto Agricultural Products Company, Environmental Practices. Monsanto MONSANTO AGRICULTURAL PRODUCTS COMPANY St. Louis, Missouri 63167 USA. Rodeoz a a refired aademark d Monsanto company. Litho U.S.A. C hood that a toxic effect would occur under normal conditions of herbicide use. This evaluation also includes a determination of the environmental fate of the herbicide and an extrapolation of the data to estimate the safety/hazard to man. Short term (acute) toxicological studies were per- formed at high dosage levels using Rodeo herbicide and glyphosate. These studies are designed to assess the response to a one -time chemical exposure. Results of oral and dermal toxicological tests are expressed as LD (50% lethal dose) values. The LD value is the calculated dose of test material (usually expressed as milligrams (mg) /kilogram (kg) of body weight) which will theoretically induce mor- tality in 50% of the test animals. Similarly, the LC (50% lethal concentration) is the concentration of test material (usually expressed as milligrams (mg)/ liter 0) of water) that will theoretically induce mortality in 50% of the test subjects. Eye and skin irritation studies are performed using rabbits. The test results are expressed as a numerical value (Federal Hazard- ous Substances Act (FHSA) Score) which is based on a scale that reflects an increasing degree of irritation and ranges from 0 (no effect level) to 110.0 (maximum irritation) for eye and 0 to 8.0 for skin. Results obtained in acute toxicological studies with Rodeo herbicide and glyphosate are shown in Table 1. The data (table 1) clearly show that Rodeo herbicide is practically nontoxic following both oral (rat) and dermal (rabbit) exposure. Moreover. Rodeo is practically nonirritating to rabbit eyes and skin. Similar studies (T 1) carried out using glyphosate showed that glyphosate is practically nontoxic following oral (rat) and dermal (rabbit) exposure and is practically nonirritating to rabbit skin. Glyphosate is slightly irritating to rabbit eyes but the irritation observed is fully reversible and all treated eyes returned to normal appearance in less than one week after glyphosate exposure. The acute toxicological effects of exposure to Rodeo herbicide and glyphosate were also assessed using honeybees and various animal species normally found living in the environment. The results (table 2) show that Rodeo herbicide is practically nontoxic to all aquatic species tested. Similarly, glyphosate is practically nontoxic to honeybees and to all aquatic species evaluated except for trout and atlantic oys- ter in which it was found to be slightly toxic. In actual application and use of Rodeo herbicide, it is highly improbable that the levels of glyphosate would ever approach the high concentrations used in laboratory testing conditions. Hence, with labeled use of Rodeo, it is very unlikely that the concentrations of glyphosate would ever reach levels that could be harmful to aquatic animal species. In addition to the acute toxicological studies, long term studies were carried out in order to determine the effects of prolonged glyphosate exposure. These TABLE 1. ACUTE TOXICOLOGICAL DATA Rodeo= Herbicide': Oral LD50 (Rat) >5000 mg /kg, practically nontoxic Dermal LD50 (Rabbit) : >5000 mg /kg, practically nontoxic Eye Irritation (Rabbit) : (FHSA) Score = 0.0 on a scale of 110.0, practically nonirritating Skin Irritation (Rabbit): (FHSA) Score = 0.1 on a scale of 8.0, practically nonirritating Glyphosate: Oral LD50 (Rat) 5600 mg /kg, practically nontoxic Dermal LD50 (Rabbit) : >5000 mg /kg, practically nontoxic Eye Irritation (Rabbit) : (FHSA) Score = 6.9 on a scale of 1 10.0, slightly irritating Skin Irritation (Rabbit): (FHSA) Score = 0.1 on a scale of 8.0, practically nonirritating IRodeo° herbicide formulation contains 53.5% of glyphosate in the form of its isopropylamine salt (equivalent to 5.4 pounds of isopropylamine salt of N— (phosphonomethyl) glycine per U.S. gallon or 4 pounds per U.S. gallon of the acid, glyphosate). studies were conducted using rats, mice and dogs. Doses of glyphosate as high as 100 parts per million (ppm) incorporated into feed provided on a daily basis for the average lifetime of rodents (rat, 2 years; mouse, 1.5 years) and for two years to beagle dogs did not cause tumor formation or other adverse effects in any of the treated animals. In a more recent lifetime chronic toxicity /carcinogenicity study which was performed in compliance with 1978 Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Guidelines, glyphosate was fed to rats at dosages up to 31 mg /kg body weight/day (equiva- lent to a dietary concentration of about 600 ppm in adult animals) and no adverse chronic or carcino- genic effects were observed. Results from these and other toxicological studies using various animal species demonstrate that glyphosate does not cause tumors, heritable mutations, nerve damage, birth defects or adverse reproductive changes. The combined results of the short term and long term toxicological studies firmly support the conclusion that Rodeo herbicide is practically nontoxic and will not adversely effect human or animal health when used in accordance with label directions. r C -vu g o( o 2 1 Z O O ME M u J a. O z z cc W NI M 0 X 00 7 JU( ' � � ��:::: €'a � � �� d�� ............ .... . .... P-z MEN no a a IMMIR IMME ■ as ra ME a a a am a Ml MEN IMIIOMM= MEEMS WEEM ■■■■■■ �mmom IMM IM OEM MIN �m ■ a mo�mms 0 ONMEM EMMONS ■ a sm�mm ■IMMEM 8 0 ■ EM WEIROMIs a MESONS a a a SO ■■■n ■■W■ W■■■■ SM 0 ��mEWom Wommosm ■ a noW■■■■ ■n =Emmons= ■ am a �mn�m �mossono ONE �■■■■■■ ME MORRIMMS 0 0 MOOSE ■■■■■■ a ■on ■■ ■m■�■ Erommommom a MENIMEM EMMONS 0 ■MAE ■ EM 0 IMIMMIS! 0 ■MENUS ■ a ME ■ Ommus a 0 Emma a= ■ ESSIMMI ■■ ■nENMENES 0 IRE■ =moms= mMmMM- ■ ESMIMMO ■ ■ SEEME ■ ■■■ mmom� ME SOMIS =ME �m ==a somommmso WE a ��M� m�ro-a a —a Form 5 oEQEReNo. 246- 224 ..� (To be 0 MVIdOa by oEQE) !� r CiryiTown Northampton Commonwealth of Massa chusetts Applicant Northampton Planning Department Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From Northampton Conservation Commission To Northampton Planning Department City of Northampton (Name of Applicant) (Name of property owner) City Hall, 210 Main Street Address Northampton, MA 01060 Addre SAME This Order is issued and delivered as follows: CS by hand delivery to applicant or representative on 5/1/89 (date) C by certified mail, return receipt requested on M-1, V'o Rnnri This project is located (date) The property is recorded at the Registry of Hampshire Count v Map 29 Parcel 12 Boo 1951 Page 261 Certificate (if registered) The Notice of Intent for this project was filed on 4/4/89 The public hearing was closed on 4/4/89 (date) Findings (date) The — Northampton Conservation Commission has reviewed the above - referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Conservation Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): ® Public water supply ® Private water supply ® Ground water supply ❑ Flood control ® Storm damage prevention ® Prevention of pollution 5 -1 ❑ Land containing shellfish © Fisheries ❑ Protection of wildlife habitat Effective 11 /1 /87 Therefore, the Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Conservation Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or diff er from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes. ordinances, by - ;aws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act, or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth �n this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. f ~_ 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, piaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until ail administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until ail proceedings before the Oepartment have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Oeeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Oepartment of Environmental Quality Engineering, File Number 246- 224 10. Where the Oepartment of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to ail agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a = Certificate of Compliance be issued stating that the work has been satisfactorily completed. :y 12. The work shad conform to the following plans and special conditions: 5 -2 Plans. Title Fitzgerald Lake 1" =200' Dated Signed and Stamped by: On File with: Speeial Conditions (Use additional paper if necessary 1) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 2) No areas within the 100 year floodplain *.ior within 100 feet of a wetland area, as defined in Chapter 131, Section, K.G.L., shall be per=i.ssable disposal sites, unless otherwise approved by the Conservat,on Commission; 3) Excavated material and topsoil stoc4i.les shall be located and stabilized so as to minimiz w ashing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas; 5) This Order of Conditions shall apply to any successor in interest or successor in cont_ 6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by the Commission for that evaluation; 7) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project Engineer that all work has been done in conformance with the provisions of the approved Order of Conditions. ( ) YES ( X) YO ............................................................ ............................... (Leave Space BLAME) 5-3A DEQE File No. 246- 224 Special Conditions (continued) 8) The Applicant shall notify the Conservation Commission, in writing, as to the date that work will be commencing on the project. Said written notification must be received by the Commission no sooner than ten (10) days and no later than seven (7) days prior to the commencement of the approved activity. 9) (if checked) The Applicant shall complete and execute the attached ATTACHMENT "A" /NOTICE OF POSSIBLE WETLANDS RESTRICTIONS UNDER M.G.L. C. 131, 5.40 relative to Said ATTACHMENT "A" shall be attached to, become a part of, and shall be filed with this Order Of Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized ATTACHMENT "A" to the Conservation Commission when the bottom portion of Page 5 -4A of this Order of Conditions Of Conditions' is returned. ( ) YES (X) NO 10) Any fill used in this project shall be clean fill only, which can include earth, sand, gravel, rock, and loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse. 11) No work shall be done until approved by the Conservation Commission, in its role as manager /owner of the property. 5 -38 r^ Issued girtbampton Conservation Commission This Order must be signed by a majority of the Conservation Commission. t D On this d D 7 day of 4 R AG 19 before me personally appear -5 41c"// /;?0 se , to me known to be the person described in and who executed the foregoing instrument and acimowiedged that helshe execrated the same as hiWher free act and deed. Gv 41. Ft.: _ Notary Pu iic Wayne M. Feiden January 18, 1996 My commission expires The applicant, the owner. any pawn aggrieved by this Order. any owner of Nand abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land is iocated are hereby notified of their right to request the Department of Environmentai Quality Engineering to issue a Superseding Order. providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shad at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Oetaeh on dotted Me and submit to the North ton Conservation Commis sioj;rW to commencement of work - To Northa=ton Conservation Commission IssuingAuthonty Reasebe advised Mat the Order of Conditions for Meprgec :a Fitzgerald Lake Conservation Area F7e Number 246— 2 2 4 has been recorded at the Registry of uam125 hi r e and has been noted in the chairs of title of the affected property in accordance with General Condition 8 an 19 If recorded land. the instrument number which identifies this ttansactkxt is It registered land. the document number which identifies this transaction is Signature 5 -4A Applicant