HomeMy WebLinkAboutVegetation Control 2020E TECASSOCIATES ECONSULTIN
NGINEERSG
16 April 2020
Mansfield Conservation Commission
Mansfield Town Hall, 15' Floor
6 Park Row
Mansfield, MA 02048
RE: Massachusetts Coastal Railroad
2020 Vegetation Control Program
Dear Commission Members:
Enclosed is the Massachusetts Coastal Railroad's 2020 Yearly Operational Plan
prepared in accordance with the Massachusetts Rights -of -Way Management Regulations
(333 CMR 11.00) along with a copy of the Environmental Monitor notice scheduled for
publication on April 22, 2020. The maps provided with this plan reflect those approved
in the Request for Determination filed by our company in 2016. These maps and
updates thereof continue in effect unless modified and should be retained in your files.
The identification on the maps of private drinking water supply wells remains an ongoing
process. Please notify TEC Associates and the Department of Agricultural Resources
of any omissions. Please also review your mailing address and the ten -digit police
department emergency telephone number listed in the Plan and notify us of any revisions.
The herbicide application as proposed in the 2020 Yearly Operational Plan is scheduled
as follows:
Rights -of -Way 12 June - 30 June and 27 July — 7 August 2020
The location of signs marking the limited and no -spray zones will be verified prior to the
application. Please call TEC Associates with any questions about this Plan.
Very truly yours,
TEC ASSSOOOCIAT
Thomas W. Lewis
Enclosure
cc: Board of Health
Select Board
DAR Rights -of -Way Program
Chris Podgurski, MCRR
46 Sawyer Street South Portland, Maine 04106
(207) 767-6068 FAX (207) 767-7125
Yearly Operational Plan
2020
MASSACHUSETTS COASTAL RAILROAD
eI i
m6SSGCHU Ells to&$101 RMAOAD
12 HARDING STREET, SUITE 201
LAKEVILLE, MA 02347
Prepared by:
TEC ASSOCIATES
46 SAWYER STREET
SOUTH PORTLAND, MAINE 04106
ABSTRACT:
This Yearly Operational Plan (YOP) describes the vegetation management
operations for the Railroad's rights -of -way scheduled for vegetation maintenance
during this calendar year in compliance with the Commonwealth of
Massachusetts Rights -of -Way Management Regulations 333 CMR 11.00.
This YOP is a companion document to the Vegetation Management Plan (VMP)
which has been approved by the Department of Agricultural Resources.
INTRODUCTION
Both Federal and State laws require railroads to manage vegetation to help ensure the
safe passage of people, material, and goods.
The Code of Federal Regulations mandates the safety of the railroad must be
guaranteed by regular inspection and maintenance. Vegetation must be controlled so
that it does not become a fire hazard, does not interfere with visibility, or impede direct
visual inspections of the track structure. Vegetation must also be managed to allow for
proper drainage of the track and ballast structure, to prevent tree and branch damage to
cargo, and to provide safe footing and working conditions for trackside personnel.
Vegetation growing along side the rails can prevent effective and adequate braking,
especially in emergency situations.
The purpose of 333 CMR 11.00, Rights of Way Management, is to promote the
implementation of Integrated Pest Management techniques and to establish standards,
requirements, and procedures necessary to minimize the risk of unreasonable adverse
effects on human heath and the environment associated with the use of herbicides to
maintain rights -of -way. These regulations establish procedures which guarantee ample
opportunity for public and municipal agency review and input on rights -of -way
maintenance plans.
A Yearly Operational Plan or YOP must be submitted to the Department of Agricultural
Resources every year herbicides are intended for use to maintain rights -of -way. The
YOP provides a detailed program for vegetation management for the year. This YOP is
a companion document to the Vegetation Management Plan (VMP) approved by the
Department. The VMP is the long-term management plan for the railroad which
describes the intended program for vegetation control over a five year period.
Upon receipt of this YOP, the Department publishes a notice in the Environmental
Monitor. The applicant has provided a copy of the YOP and Environmental Monitor
notice to the Board of Health, Conservation Commission, and the chief elected
municipal official for the city or town in which the herbicide treatment is proposed.
The Department allows a 45-day comment period on the proposed YOP beginning with
publication of the notice in the Environmental Monitor and receipt of the YOP and
Environmental Monitor notice by each municipality.
Public notification of herbicide applications to the right-of-way is made by certified mail
under separate cover at least 21 days in advance of the treatment. Notice is made to
the Department of Agricultural Resources; the Mayor, City Manager or chairman of the
Board of Selectman; the Board of Heath; and the Conservation Commission of the
municipality where the right-of-way lies.
Any comments on this YOP should be directed to:
Thomas W. Lewis
TEC Associates
46 Sawyer Street
South Portland, ME 04106
(207) 767-6068
MUNICIPALITIES WHERE TREATMENT DESCRIBED IN THIS YOP WILL BE MADE
Attleborough
Barnstable
Berkley
Bourne
Dartmouth
Fall River
Falmouth
Foxborough
Framingham
Freetown
Lakeville
Mansfield
Medfield
Middleborough
New Bedford
Norton
Raynham
Rochester
Sandwich
Seekonk
Sherborn
Taunton
Walpole
Wareham
Westport
Westwood
Yarmouth
YOP REQUIREMENTS AND TABLE OF CONTENTS
�i:
I.
The Company which will perform any herbicide treatment
1
II.
Individual representing applicant and supervising the YOP
1
III.
Herbicides proposed including application rates, carriers, and adjuvants
2
IV.
Herbicide application techniques and alternative control procedures
4
V.
Identification of target vegetation
4
VI.
Flagging methods to designate sensitive areas on the ROW
6
VII.
Procedures and locations for handling, mixing and loading of
8
herbicide concentrates
Vill.
Emergency contacts
9
APPENDICES
A. Herbicide Fact Sheets as approved by the Department of Agricultural Resources,
herbicide labels, and SDS.
B. Maps locating the ROW and sensitive areas not readily identifiable
in the field.
This company or contractor will perform the herbicide treatment. Applicators are
certified by the Department of Agricultural Resources in the applicator category Right -
of -Way Pest Control.
Company Name RWC, Inc.
Address Lockhouse Road
Westfield, MA 01086
Telephone # (413) 562-5681
Contact Person(s) Brian Chateauvert
II. INDIVIDUAL REPRESENTING APPLICANT AND SUPERVISING THE YOP
Individual supervising execution of the YOP and representing the railroad.
Name & Title Chris Podgurski, President & COO
Address 12 Harding Street, Suite 201
Lakeville, MA 02347
Telephone # (508) 291-7116
III. HERBICIDES PROPOSED INCLUDING APPLICATION RATES, CARRIERS,
ADJUVANTS, AND APPLICATION TECHNIQUES
Weed Control Herbicide Program for the Roadbed
The roadbed herbicide program is aimed primarily toward keeping the ballast section
and shoulder, yards, switches, signals, and highway grade crossings weed free. Areas
scheduled for weed control treatments have been inspected for density of target
vegetation to determine appropriate control methods. Access to Herbicide Fact Sheets
for the herbicides proposed can be found in Appendix A.
Location
Herbicide(s)
Carriers or
Application
Application Rate
Adjuvants
Technique
Aquaneat
Foliar
1-2 qts/acre
Sensitive area
Esplanade 200SC*
Foliar
4-5 oz/acre
buffer zone
And (Milestone
Foliar
7 oz/acre
-OR- Opensight)
Foliar
3.3 oz/acre
Drift Control
Foliar
8-16 oz/acre
Spreader Sticker
Foliar
8-16 oz/acre
Aquaneat
Foliar
1-2 qts/acre
Non -sensitive
Esplanade 200SC*
Foliar
4-5 oz/acre
areas
And (Milestone
Foliar
7 oz/acre
-OR- Opensight)
Foliar
3.3 oz/acre
Drift Control
Foliar
8-16 oz/acre
Spreader Sticker
Foliar
8-16 oz/acre
Aquaneat
Foliar
1-2 qts/acre
Touch-up
Esplanade 200SC*
Foliar
4-5 oz/acre
applications
And (Milestone
Foliar
7 oz/acre
-OR-Opensight)
Foliar
3.3 oz/acre
Drift Control
Foliar
8-16 oz/acre
Spreader Sticker
Foliar
8-16 oz/acre
*Esplanade 200SC herbicide is currently not listed as an approved product on the
Massachusetts Rights of Way Sensitive Area Materials List but is under review by the
Department. In the event that Esplanade 200SC is not approved prior to the roadbed
herbicide application then the program will change to the following:
Location
Herbicide(s)
Carriers or
Adjuvants
Application
Technique
Application Rate
Aquaneat
Foliar
1-2 qts/acre
Sensitive area
(Milestone
Foliar
7 oz/acre
buffer zone
-OR- Opensight)
Foliar
3.3 oz/acre
And (Oust XP -OR-
Foliar
4 oz/acre
Polaris AC Complete)
Foliar
2 pts/acre
Drift Control
Foliar
8-16 oz/acre
Spreader Sticker
Foliar
8-16 oz/acre
-2-
Weed Control Herbicide Program for the Roadbed (Continued)
Location
Herbicide(s)
Carriers or
Adjuvants
Application
Technique
Application Rate
Aquaneat
Foliar
1-2 qts/acre
Non -sensitive
(Milestone
Foliar
7 oz/acre
areas
-OR- Opensight)
Foliar
3.3 oz/acre
And (Oust XP -OR-
Foliar
4 oz/acre
Polaris AC Complete)
Foliar
2 pts/acre
Drift Control
Foliar
8-16 oz/acre
Spreader Sticker
Foliar
8-16 oz/acre
Aquaneat
Foliar
1-2 qts/acre
Touch-up
(Milestone
Foliar
7 oz/acre
applications
-OR- Opensight)
Foliar
3.3 oz/acre
And (Oust XP -OR-
Foliar
4 oz/acre
Polaris AC Complete)
Foliar
2 pts/acre
Drift Control
Foliar
8-16 oz/acre
Spreader Sticker
Foliar
8-16 oz/acre
Brush Control Program for Areas Adjacent to the Roadbed
The brush control program is designed to prevent the re -growth of trees and other
woody vegetation in areas adjacent to the roadbed. Areas scheduled for brush control
treatments are limited to target vegetation which obscures visibility or interferes with
railroad signs, signals, or communication wires. Access to Herbicide Fact Sheets for
herbicides proposed can be found in Appendix A.
Location
Herbicide(s)
Carriers or
Adjuvants
Application
Technique
Application Rate
Aquaneat
Foliar
3-4 qts/acre
(Milestone -OR-
Foliar
10 oz/acre
Non -sensitive
Opensight)
Foliar
6 oz/acre
areas
And Escort XP
Foliar
2 oz/acre
Drift Control
Foliar
8-16 oz/acre
MSO
Foliar
8-16 oz/acre
Aquaneat
Foliar
3-4 qts/acre
(Milestone -OR-
Foliar
10 oz/acre
Touch-up
Opensight)
Foliar
6 oz/acre
Applications
And Escort XP
Foliar
2 oz/acre
Drift Control
Foliar
8-16 oz/acre
MSO
Foliar
8-16 oz/acre
3-
IV. HERBICIDE APPLICATION TECHNIQUES AND ALTERNATIVE CONTROL
PROCEDURES
Herbicide applications within the Railroad right-of-way will be performed using low
pressure application from a specialized by -rail truck equipped with a spray boom. This
method is suitable for application within the buffer zone, or restricted application zone of
sensitive areas, as defined in 333 CMR 11.04. The spray vehicle is equipped with
spray nozzles and controls to allow for treatment of the entire roadbed, or to selectively
treat individual sections of the ballast and ballast shoulders. Within sensitive areas, a
container will be used to catch any accidental dripping of herbicide. It is a trough -
shaped apparatus mounted just behind and above the boom, and will be hydraulically
lowered to sit underneath the spray nozzles while the vehicle is traveling through areas
where herbicide spraying is prohibited.
In order to assist in rapid identification of sensitive areas in the field, a pilot vehicle will
proceed approximately 1/4 mile ahead of the applicator vehicle in order to signal ahead
the location of sensitive areas.
In order to provide greater mobility and decrease the amount of time required to apply
the herbicide mixture in the railroad yard areas, a vehicle equipped with hoses will be
used in these areas. In compliance with the Regulations for herbicide application in
sensitive areas, the spray pressure from the hoses will not exceed 60 psi.
ALTERNATIVE CONTROL PROCEDURES
No alternative vegetation control methods are feasible within the track areas of the right-
of-way. No vegetation control is proposed in ballast areas where herbicide use is
prohibited.
Touch-up techniques controls any target vegetation within the ballast that may have
been missed or not treated during the initial phase. Control of vines and other
vegetation that might creep onto the ballast from roots growing outside the original
treatment boundaries can be managed as a selective, foliage, or spot spray. No more
than 10% of the initially identified target vegetation on the right-of-way in any
municipality may be treated during a touch-up application and the total amount of
herbicide applied in any one year shall not exceed the limits specified by the label or
YOP [per 11.03(8)(c)].
V. IDENTIFICATION OF TARGET VEGETATION
Whenever and wherever possible an integrated approach to vegetation management
will be implemented by encouraging plant communities that hinder the growth of target
vegetation. Prior to an herbicide application, a review will be made noting location,
density, and type of vegetation present. This information will be used to develop an
herbicide application program that will be effective against target vegetation and
minimize the amount of herbicide used.
In accordance with the Code of Federal Regulations, 49 Part 213 - Track Safety
Standards, all vegetation growing in the ballast and ballast shoulder; in yards; and
-4-
around switches, signals, signs and highway grade crossings is considered target
vegetation and must be controlled so that it does not:
a) become a fire hazard to track -carrying structures;
b) obstruct visibility of railroad signs and signals;
c) interfere with railroad employees performing normal trackside duties;
d) prevent proper functioning of signal and communication lines; and
e) prevent railroad employees from visually inspecting moving equipment form
their normal duty stations.
Woody vegetation growing in areas adjacent to the shoulder will be managed to
promote the growth of low growing shrubs. Targeted woody vegetation will be that
which has the potential to block visibility or invade the roadbed and/or overhead
communication lines. Target vegetation will include but not be limited to the following:
Ailanthus
Black Walnut
Honey Locust
American Basswood
Buckthorn
Maple
American Beech
Butternut
Northern Catalpa
American Hornbeam
Cherry
Oak
Apple
Eastern Hophornbeam
Pine
Ash
Eastern Red Cedar
Poplar
Aspen
Elm
Sassafras
Birch
Flowering Dogwood
Shadbush
Black Locust
Hawthorn
Spruce
Black Tupelo
Hickory
Sumac
-5-
VI. FLAGGING METHODS TO DESIGNATE SENSITIVE AREAS ON THE ROW
Sensitive areas are defined in the Rights -Of -Way Management Regulations (333 CMR
11.02) are as defined in 333 CMR 11.04, any areas within the Right -of -Way, including
No -Spray and Limited -Spray Areas, in which public health, environmental or agricultural
concerns warrant special protection to further minimize risks of unreasonable adverse
effects. These include but are not limited to the following:
No Spray Area, any area that is both within a Right -of -Way and within:
(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) 10 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) 10 feet of any Wetlands or Water Over Wetlands;
(h) 10 feet of the mean annual high-water line of any river; and
(i) 10 feet of any Certified Vernal Pool.
Limited Spray Area, any area that is both within a Right -of -Way and within:
(a) any Zone II or IWPA;
(b) a distance of between 100 feet and 400 feet of any Class A Surface Water
source;
(c) a distance of between 10 and 200 feet of any tributary or associated surface
water body where the tributary or associated surface water body runs outside
the Zone A for the Class A surface water source;
(d) a lateral distance of between 100 and 200 feet for 400 feet upstream, on both
sides of the river, of a Class B Drinking Water Intake;
(e) a distance of between 50 and 100 feet of any identified Private Well;
(f) a distance of between 10 and 100 feet of any Wetlands or Water Over
Wetlands;
(g) a distance of between 10 feet from the mean annual high water line of any river
and the outer boundary of the Riverfront Area;
(h) a distance of between 10 feet from any Certified Vernal Pool and the outer
boundary of any Certified Vernal Pool Habitat; and
(i) a distance of 100 feet of any Agricultural or Inhabited Area.
Non -Sensitive Areas are upland areas and/or track not in proximity to sensitive areas
and do not require specific precautions or herbicide restrictions.
6-
Sensitive areas, no -spray areas, limited -spray areas, and non -sensitive areas will be
marked at their boundaries with permanent color -coded markers. Sensitive areas
considered to be readily identifiable in the field (i.e. agricultural and inhabited areas) will
not be marked. The markers will be one or any combination of the following:
color -coded signs attached to posts
color -coded signs attached to the railroad ties
color -coded painted rail sections
Sensitive and non -sensitive areas will be designated by the following color -codes
white non -sensitive areas
blue sensitive area in which a minimum of 12 months shall elapse
between herbicide applications
double blue sensitive areas in which a minimum of 24 months shal
elapse between herbicide applications.
yellow no spray zone
-7-
VII. PROCEDURES AND LOCATIONS FOR HANDLING, MIXING, AND LOADING
OF HERBICIDE CONCENTRATES
The herbicide application crew will wear protective clothing and personal safety
equipment when mixing, handling, loading, or applying herbicide, including standard
work clothing or coveralls, work gloves, and work boots. Latex or nitrile rubber gloves,
as well as eye goggles are recommended to be worn during mixing of herbicide
concentrate as some herbicides may cause mild eye and skin irritations.
Mixing and use of herbicide shall be consistent with the labeling instructions included on
the packaging. The herbicide mix will be prepared from herbicide concentrate and
water. In compliance with the regulations, the handling, mixing and/or loading of this
material will not occur within 100 feet of any sensitive area. Wherever and whenever
possible, the herbicide applicator will prepare the herbicide mix on non -porous surfaces,
such as pavement or concrete.
Sources of Water and Safeguards to Prevent Contamination
Water used for herbicide mix will be obtained from hydrants and freshwater sources.
During the herbicide mix preparations and during herbicide application, strict adherence
to the following safeguards will be maintained:
1) Water will be obtained using hoses equipped with anti -siphon devices to
eliminate herbicide backflow.
a) Hoses used to extract water from water bodies will be equipped with two
such devices: one will be found directly behind the mouth of the hose and
another will be at the coupling that joins the hose to the mix tank.
b) Hoses used to extract water from the hydrant will utilize the same setup as
described above, except that a third anti -siphon device will be found within
the coupling joining the hose to the hydrant.
2) The herbicide concentrate will not be added to the tank until the water has been
obtained and the application apparatus is at least 100 feet outside a sensitive
area.
Disposal of Herbicidal Wastes
Disposal of all herbicidal wastes will be the responsibility of the licensed applicator. It is
the applicator's responsibility to ensure that such disposal will be carried out in an
environmentally sensitive manner, in compliance with all Federal and State regulations
and guidelines.
-8-
VIII. EMERGENCY CONTACTS
In the event of a spill or emergency, information on safety precautions and cleanup
procedures may be gathered from the following sources:
Herbicide Label
Herbicide Fact Sheet
Herbicide Material Safety Data Sheet
Herbicide Manufacturer
Bayer Environmental Science
Corteva AgriScience
Nufarm Americas
Massachusetts Pesticide Bureau
Massachusetts DEP Emergency Response
ChemTrec
EPA National Pesticide Information Center
Massachusetts Poison Control Center
Local Community Chief of Police and/or Fire Chief
Attleborough
Barnstable
Berkley
Bourne
Dartmouth
Fall River
Falmouth
Foxborough
Framingham
Freetown
Lakeville
Mansfield
Medfield
Middleborough
New Bedford
(508)222-1212
(508) 775-0387
(508)822-7040
(508) 759-4420
(508) 910-1700
(508)676-8511
(774)255-4527
(508)543-4343
(508)872-1212
(508) 763-4017
(508) 947-4422
(508)261-7300
(508) 359-2315
(508) 947-1212
(508)991-6300
Norton
Raynham
Rochester
Sandwich
Seekonk
Sherborn
Taunton
Walpole
Wareham
Westport
Westwood
Yarmouth
(800)331-2867
(800)258-3033
(800) 345-3330
(617)626-1700
(888) 304-1133
(800) 424-9300
(800)858-7378
(800) 222-1222
(508)285-3300
(508)824-2716
(508)763-5112
(508) 888-1212
(508) 336-8123
(508) 653-2424
(508)824-7522
(508) 668-1212
(508) 295-1212
(508) 636-1122
(781) 320-1000
(508) 775-0445
9-
APPENDICES
A. Herbicide Fact Sheets as approved by the Department, herbicide labels, and SDS.
B. Maps locating the ROW and Sensitive areas not readily identifiable in the field.
Maps provided with the Yearly Operational Plan shall remain effective for the duration of
the YOP unless modified. Subsequent YOP's will contain any modifications to the maps
made during the previous year.
APPENDIX A
Below find a list of herbicides potentially in use by this Yearly Operational Plan. For a
list of the exact products and rates of application to be used in this year's program
please refer to page 2 of this document.
MANUF.
PRODUCT
ACTIVE INGREDIENT(S)
EPA
NAME
REGISTRATION #
NUFARM
AQUANEAT
GLYPHOSATE
228-365
AMERICAS
BAYER
OUST EXTRA
SULFOMETURON METHYL
432-1557
ENVIRONMENTAL
METSULFURON METHYL
SCIENCE
BAYER
ESPLANADE
INDAZIFLAM
432-1516
ENVIRONMENTAL
2OOSC
SCIENCE
BAYER
ESCORT XP
METSULFURON METHYL
432-1549
ENVIRONMENTAL
SCIENCE
NUFARM
POLARIS AC
IMAZAPYR
228-570
AMERICAS
COMPLETE
CORTEVA
MILESTONE
AMINOPYRALID
62719-519
AGRISCIENCE
BAYER
OUST XP
SULFOMETURON METHYL
432-1552
ENVIRONMENTAL
SCIENCE
CORTEVA
OPENSIGHT
AMINOPYRALID
62719-597
AGRISCIENCE
METSULFURON METHYL
LABELS & SDS SHEETS:
To access the labels and SDS sheets for any of the above products please follow
the directions below:
1. Open your internet browser and enter the following address in the
Address bar: www.cdms.net/label-database
2. On the Product Search bar enter the desired Product Name (as found
above) into the Search bar and hit the Search button.
3. A list of products will appear. Please be sure to reference the
Manufacture and Product Name to locate the correct information.
HERBICIDE FACT SHEET:
To access the herbicide fact sheets for any of the above products please follow
the directions below:
1. Open your internet browser and enter the following address in the
Address bar: http://www.mass.gov/eea/agencies/agr/pesticides/rights-
of-way-sensitive-area-materials-list. html
2. Choose the link that corresponds to the Active Ingredient present in
the product you are interested in.
Hard copies of these documents may also be obtained by calling TEC Associates at (207) 767-
6068.
APPENDIX B
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THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
_Q\
Department of Agricultural Resources
251 Causeway Street, Suite 500, Boston, MA 02114
MASSACHUSETTSEPARTMENT
y' 617-626-1700 fax: 617-626-1850 www.mass.gov/agr XURNIh, OF AGRICUIRAtRESOURCES
CHARLES D. BAKER KARYN E. POLITO KATHLEEN A. THEOHARIDES JOHN LEBEAUX
Governor Lieutenant Governor Secretary Commissioner
NOTICE
Pursuant to the provisions of the Rights -of -Way Management Regulation, 333 CMR 11.00, in order to apply
herbicides to control vegetation along railroad rights -of -way, a five-year Vegetation Management Plan (VMP) and
a Yearly Operational Plan (YOP) must be approved by the Department of Agricultural Resources. Therefore,
notice of receipt of a YOP and procedures for public review are hereby given as required by Section 11.06 (3).
A Yearly Operational Plan has been submitted for: Massachusetts Coastal Railroad.
This plan has been prepared and submitted to the Department of Agricultural Resources by: TEC Associates of
South Portland, Maine.
Municipalities identified in the Massachusetts Coastal Railroad YOP as locations where the rights -of -way will be
treated with herbicides during the 2020 calendar year are:
Attleboro, Barnstable, Berkley, Bourne, Dartmouth, Fall River, Falmouth, Foxborough, Framingham,
Freetown, Lakeville, Mansfield, Medfield, Middleborough, New Bedford, Norton, Raynham, Rochester,
Sandwich, Seekonk, Sherborn, Taunton, Walpole, Wareham, Westport, Westwood, and Yarmouth.
One selective herbicide application will take place in the non -sensitive and sensitive area buffer zones along the
roadbed portion of the right-of-way using a DAR approved herbicide mixture. This post -emergent program is
targeted toward the eradication of woody and herbaceous plant species germinating within the roadbed and around
other fixtures including but not limited to: switches, signals, signs, and highway grade crossings. This application
will be followed by a late summer touch-up application in areas of heavy vegetation growth, if necessary.
Mass Coastal Railroad's vegetation control program for 2020 will be consistent with the VMP as approved by the
DAR and involves an Integrated Pest Management (IPM) approach. In the 2020 program, brush control will be
limited to manual or mechanical cutting in sensitive areas and sensitive area buffer zones. In non -sensitive areas,
one foliar application will be conducted to selectively treat brush adjacent to the shoulder using a DAR approved
herbicide mixture.
Hi -rail vehicles equipped with herbicide application equipment will be used to treat the rights -of -way. This post
emergent program is targeted toward the eradication of woody and herbaceous plant species germinating within the
railroad roadbed and around other fixtures including but not limited to: switches, signals, signs, and highway grade
crossings.
"Sensitive" areas as defined by the Rights -of -way Management Regulations will receive the full protection afforded
by those Regulations. All herbicide applications will be done by an applicator properly licensed by the Department
of Agricultural Resources Pesticide Bureau and fully trained in herbicide mixing, handling, and application
methods.
The applicant has described the following rights -of -way as sites that have been scheduled for herbicide treatment in
2020:
CAPE MAIN LINE
Middleborough to Barnstable
Middleborough Rochester Wareham
Bourne Yarmouth Sandwich
Barnstable
SOUTH DENNIS BRANCH
Yarmouth
FALMOUTH BRANCH
Bourne to Falmouth
Bourne Falmouth
FALL RIVER SECONDARY
Berkley to Fall River
Berkley Freetown Lakeville
Fall River
NEW BEDFORD SECONDARY
Taunton to New Bedford
Taunton Berkley Lakeville
Freetown New Bedford
WATUPPA RUNNING TRACK
Westport to Dartmouth
Dartmouth Westport
FRAMINGHAM SECONDARY
Framingham to Mansfield
Framingham Sherborn Medfield
Walpole Foxborough Mansfield
MIDDLEBOROUGH BRANCH
Attleborough to Middleborough
Attleborough Norton Taunton
Raynham Lakeville Middleborough
DEAN STREET INDUSTRIAL TRACK
Taunton
EAST JUNCTION
Attleborough to Seekonk
Attleboro Seekonk
WESTWOOD INDUSTRIAL TRACK
Westwood
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PUBLIC REVIEW
The Department of Agricultural Resources (DAR) in particular seeks the verification of sensitive area locations
reported in the Yearly Operational Plan (YOP). The Department itself has a limited ability to survey the
geography, land use, and the water supplies, in all the communities through which the rights -of -way are located.
Municipalities, however, have most of this information readily available, and the particular knowledge with which
to better certify the sensitive areas in their communities. Therefore, the Department requests, and urges, the
assistance of the affected municipalities, in reviewing the completeness and accuracy of the maps contained in the
submitted document. The DAR has established the following procedures for this review:
The YOP may be viewed online at the following web address:
littp://www.mass.gov/eea/alzencies/alr/pesticides/vegetation-management-and-vearly-operation-plans html
Yearly Operational Plans (YOP) and a copy of this notice will be sent by the applicant to the Conservation
Commission, Board of Health (or designated health agent), and to the Head of Government (Mayor, City Manager,
Chair of the Board of Selectman) of each municipality where herbicides are to be applied along the Rights -of -Way
during the calendar year. Municipal agencies and officials will have (45) forty-five days, following receipt of the
Yearly Operational Plan to review the maps contained in the document that indicate the location of "sensitive areas
not readily identifiable in the field" for inaccuracies and omissions. "Sensitive Areas" will be defined as in Section
11.01 a-f.
Municipal agencies and officials are requested to forward the YOP to the appropriate officials(s) in their
municipality qualified to certify the accuracy of sensitive area locations as indicated on the maps. The maps should
be "corrected" and returned to the applicant, also a copy of the maps with these corrections indicated should be sent
to the Department of Agricultural Resources at the address listed below within the forty-five day review period. If
a city or town needs more time to carry out this review, it should send a written request for an extension to the DAR
and cite why there is a "good cause" for requesting additional time.
All corrections will be required to be made by the applicant, and corrected maps sent back to the city/town before
the YOP can be considered "approved" by the Department for vegetation maintenance in that municipality. Any
dispute on the part of the applicant regarding corrections made by the municipal authorities, should be indicated in
writing to the Department and to the city/town which requested the disputed changes within (15) fifteen days of
receipt of the request. The Department will decide whether or not the YOP should be approved without the
requested changes. The DAR will consider the "final approval" of a YOP individually for each municipality.
The final (21) twenty one days of the public review period may serve concurrently to provide public notification as
required by section 11.07 of the Rights -of -Way Management regulation, if the applicant has an approved VMP and
if all the requisite city/town offices which have received copies of the YOP have completed their review and
corrections have been duly made by the applicant and approved by the Department.
A failure by the city/town to respond to the applicant's submission of the YOP within the forty five (45) day public
review period, will automatically be considered by the DAR to indicate agreement by municipal officials with the
sensitive area demarcations as provided by the applicant in their YOP.
The Massachusetts Pesticide Bureau now has the Private Well Registry online. Residents can go to
www.mass.gov/agr then to the Rights -of -Way page and enter their well information into the Department's database.
Any questions or comments on the information provided in this Notice and the procedures established for the
municipal review as outlined above should be addressed to:
Rights -of -Way Program
Massachusetts Pesticide Bureau
251 Causeway Street, Suite 500
Boston, Massachusetts 02114-2151
Page 3 of 4
Any additional questions or comments on any information provided as part of the proposed YOP should be
addressed in writing to:
Thomas W. Lewis
TEC Associates
46 Sawyer Street
South Portland, Maine 04106
A copy should also be sent to the Rights -of -Way Program at the above address.
COMMENT PERIOD ENDS AT 5 PM, FRIDAY, DUNE 5, 2020.
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