2021.05.13 Staff Report.pdf
Conservation Commission Staff Report 1 May 13, 2021
To: Conservation Commission From: Sarah LaValley
RE: Staff Report, May 13, 2021 Commission Meeting
5:30 PM Request for Determination of Applicability to determine whether resource
area boundaries are accurately delineated in accordance with MDAR Pesticide Board
Regulations for use of herbicides in right of way maintenance. Pan Am Railway Rights of Way in Northampton Application Overview:
The request is submitted in accordance with 333 CMR 11, which concerns applications of pesticides within
right of way. The Commission is asked to confirm the boundaries of the no-spray zones. Herbicide
application itself is done under a Yearly Operational Plan, which is currently under a public comment
period.
The spray zones indicated are the same as those previously approved by the Commission.
‘No spray zones’ are defined in the regulations as areas within the right of way (ROW) and:
(a) any Zone I;
(b) 100 feet of any Class A Surface Water Source;
(c) 100 feet of any tributary or associated surface water body where the tributary or
associated surface water body runs within 400 feet of a Class A surface water source;
(d) ten feet of any tributary or associated surface water body where the tributary or
associated surface water body is at a distance greater than 400 feet from a Class A surface water source;
(e) a lateral distance of 100 feet for 400 feet upstream, on both sides of the river, of a Class
B Drinking Water Intake; (f) 50 feet of any identified Private Well;
(g) ten feet of any Wetlands or Water Over Wetlands;
(h) ten feet of the mean annual high-water line of any river; and (i) ten feet of any Certified Vernal Pool.
Staff Recommendations: Commission staff confirmed that markings are painted as described, and also visited the Oxbow area to
investigate resource areas in that location. The areas appear to comply with the regulations. There are additional areas where the right of way boundary is within 10 feet of a resource area, but these boundaries
are well beyond the area of the tracks and no spraying will occur here. A determination to confirm
resource area boundaries under 333CMR11 only can be issued.
If possible, staff would recommend a YOP to include pre-emergent spraying that would subsequently
eliminate the use of heavy-metal based, non-discriminatory foliar sprays that are currently used, but that is not within the Commission’s jurisdiction.
Review Revised Construction Plan, 176 Turkey Hill Road, DEP File 246-751
The Commission issued an Order of Conditions for construction of a single family home on March 25. The Commission should review the revised plans (not yet provided at the time of this report) to
confirm that they are in accordance with the Order, and with discussion at the hearing.