Loading...
HomeMy WebLinkAboutAmtrak Vegetation Control Program - 4/18/2019I CONSULTING 119 I TES ENGINEERS 18 April 2019 Mansfield Conservation Commission Mansfield Town Hall, 1g' Floor 6 Park Row Mansfield, MA 02048 RE: Massachusetts Coastal Railroad 2019 Vegetation Control Program Dear Commission Members: Enclosed is the Massachusetts Coastal Railroad's 2019 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 24, 2019. 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 2019 Yearly Operational Plan is scheduled as follows: Rights -of -Way 16 June - 29 June and 20 July — 2 August 2019 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 ASSOCIAT r� Thomas W. Lewis Enclosure cc: Board of Health Board of Selectmen DAR Rights -of -Way Program Chris Podgurski, MCRR 46 Sawyer Street South Portland, Maine 04106 207/767-6066 FAX 2071767-7125 Yearly Operational Plan 2019 MASSACHUSETTS COASTAL RAILROAD MEMO MISIR101lils SSSSISI SSIISIAS 3065 CRANBERRY HIGHWAY EAST WAREHAM, MA 02538 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 Page 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 3 V. Identification of target vegetation 4 VI. Flagging methods to designate sensitive areas on the ROW 5 VII. Procedures and locations for handling, mixing and loading of 7 herbicide concentrates VIII. Emergency contacts 8 APPENDICES A. Herbicide Fact Sheets as approved by the Department of Agricultural Resources, herbicide labels, and SIDS. B. Maps locating the ROW and sensitive areas not readily identifiable in the field. THE COMPANY WHICH WILL PERFORM ANY HERBICIDE TREATMENT 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 3065 Cranberry Highway E. Wareham, MA 02538 Telephone # (508) 291-7116 -1- III. HERBICIDES PROPOSED INCLUDING APPLICATION RATES, CARRIERS, ADJUVANTS, AND APPLICATION TECHNIQUES Weed Control Herbicide Program for the Roadbed The post -emergent 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. Herbicide Fact Sheets for the herbicides proposed are found in Appendix A. Location Herbicide(s) Carriers or Application Application Adjuvants Technique Rate Aquaneat Foliar 2 qts/acre Milestone Foliar 7 oz/acre Sensitive area Oust XP Foliar 4-6 oz/acre buffer zone Drift Control Foliar 8-16 oz/acre Spreader Sticker Foliar 8-16 oz/acre Aquaneat Foliar 2 qts/acre Milestone Foliar 7 oz/acre Non -sensitive Oust XP Foliar 4-6 oz/acre areas Drift Control Foliar 8-16 oz/acre Spreader Sticker Foliar 8-16 oz/acre Aquaneat Foliar 2 qts/acre Milestone Foliar 7 oz/acre Touch-up Oust XP Foliar 4-6 oz/acre applications Drift Control Foliar 8-16 oz/acre Spreader Sticker Foliar 8-16 oz/acre Brush Control Program for Areas Adiacent 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. Herbicide Fact Sheets for herbicides proposed may be found in Appendix A. Location Herbicide(s) Carriers or Adjuvants Application Technique Application Rate Aquaneat Foliar 3-4 qts/acre Milestone Foliar 10 oz/acre Patriot Selective Foliar 2 oz/acre Non -sensitive -OR- areas Escort XP Foliar 2 oz/acre Drift Control Foliar 8-16 oz/acre MSO Foliar 8-16 oz/acre -2- Brush Control Program for Areas Adjacent to the Roadbed (continued) Location Herbicide(s) Carriers or Adjuvants Application Technique Application Rate Aquaneat Foliar 3-4 qts/acre Milestone Foliar 10 oz/acre Patriot Selective Foliar 2 oz/acre Touch-up OR - applications Escort XP Foliar 2 oz/acre Drift Control Foliar 8-16 oz/acre MSO Foliar 8-16 oz/acre IV. HERBICIDE APPLICATION TECHNIQUES AND ALTERNATIVE CONTROL PROCEDURES Herbicide applications within the Railroad right-of-way will be preformed 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)]. .3.. 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 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 American Basswood American Beech American Hornbeam Apple Ash Aspen Birch Black Locust Black Tupelo Black Walnut Buckthorn Butternut Cherry Eastern Horphornbeam Eastern Red Cedar Elm Flowering Dogwood Hawthorn Hickory Honey Locust Maple Northern Catalpa Oak Pine Poplar Sassafras Shadbush Spruce Sumac 21 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. -5- 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 shall elapse between herbicide applications. yellow no spray zone 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. 7- 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 BASF Specialty Products Bayer Environmental Science Dow AgroSciences 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) 832-4357 (800)334-7577 (800)992-5994 (800) 345-3330 (617) 626-1700 (888) 304-1133 I:0� z .. IR (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 RE 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 CROP OUST EXTRA SULFOMETURON METHYL 432-1557 SCIENCE METSULFURON METHYL BASF ARSENAL ISOPROPYLAMINE SALT 241-273 SPECIALTY R.R. OF IMAZAPYR PRODUCTS HERBICIDE BAYER CROP ESCORT XP METSULFURON METHYL 432-1549 SCIENCE NUFARM PATRIOT METSULFURON METHYL 228-391 AMERICAS SELECTIVE DOW MILESTONE AMINOPYRALID 62719-519 AGROSCIENCES BAYER CROP OUST XP SULFOMETURON METHYL 432-1552 SCIENCE NUFARM RAZOR PRO GLYPHOSATE 228-366 AMERICAS LABELS & SIDS SHEETS: To access the labels and SIDS 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 MAPS M 7 •c •Si/ � l lq {\ Yv -� >> ij NOe \ v q N N M � A 0 S `o I� I a Arm IS Rd •�• t (� v i A w Flo I Y a Q, / \ ) �> � ( oN oN /) } ? \ / IX >CD / v� m 75 . Xx:xx %\ / c o , lX 4vi/ XX �> 9 ,� /)T./ i </ jm w w w 1l,/X/ O O NCJ ���iIICCCIjj e(\ , 4 \04 6 pn1S3 o 03 N C— K19 N., aIS S_.�.. N x y\ p J J Z 0 z � 'hieI S St J Sal»40 4 o Q C/� g I , is sand 1 Ja\\d ./ o S Z. °o o fn QO> � �. coo. S and e,' �-e1199 > 1 cp o1S Ila4�wa� ' m St ➢ N C / W ,. N N (� O Is4am4O 0 o UI Q\ and \nWMOU$ N o I •� ��I 9 $pnO0 s >edLij =i THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 617-626-1700 fax: 617-626-1850 www.mass.gov/agr �� FAA OFASGvi{vsensvcvxw,vrn or mcwrunar prsuuness CHARLES D. BAKER KARYN E. POLITO MATTHEW A. BEATON 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 2019 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 lirnited 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 2019 will be consistent with the VMP as approved by the DAR and involves an Integrated Pest Management (IPM) approach. In the 2019 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 2019: 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 Page 2 of 4 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: htlo:/hvww.mass.�ot�leealagencies/as /pesticideslveeetation-manaeemeut-and-�earh'-oUeration-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 V South Portland, Maine 04106 2 2 ZGi9 A copy should also be sent to the Rights -of -Way Program at the above address. COMMENT PERIOD ENDS AT 5 PM, FRIDAY, JUNE 7, 2019. Page 4 of 4 I CONSULTING ED ASSOCIATES ENGINEERS 29 March 2017 Mansfield Conservation Commission Mansfield Town Hall 6 Park Row Mansfield, MA 02048 RE: Amtrak 2017 Vegetation Control Program Dear Commission Members: Enclosed is Amtrak's 2017 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 5, 2017. The maps provided with this plan reflect those approved by the Commission 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 2017 Yearly Operational Plan is scheduled as follows: Rights -of -Way Touch-up application Brush Application (non -sensitive areas) 30 May - 12 June 2017 23 July — 13 August 2017 23 July — 13 August 2017 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 jAfSSSOC tS Thomas W. Lewis Enclosure cc: Board of Health Board of Selectmen DAR Rights -of -Way Program Jim Cisneros, Amtrak 46 Sawyer Street South Portland, Maine 04106 Yearly Operational Plan 2017 AMTRAK (NATIONAL RAILROAD PASSENGER CORPORATION) NORTHEAST CORRIDOR SPRINGFIELD LINE TWO SOUTH STATION, 2ND FLOOR BOSTON, MA 02110 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 Boston Canton Dedham Foxborough Longmeadow Mansfield Sharon Springfield Westwood YOP REQUIREMENTS AND TABLE OF CONTENTS Page I. The Company which will perform any herbicide treatment 1 IL 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 3 V. Identification of target vegetation 4 Vl. Flagging methods to designate sensitive areas on the ROW 5 VII. Procedures and locations for handling, mixing and loading of 7 herbicide concentrates Vill. Emergency contacts 8 APPENDICES A. Herbicide Fact Sheets as approved by the Department of Agricultural Resources, herbicide labels, and SIDS. B. Maps locating the ROW and sensitive areas not readily identifiable in the field. I. THE COMPANY WHICH WILL PERFORM ANY HERBICIDE TREATMENT 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 P.O. Box 876 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 Jim Cisneros Address AMTRAK Engineering 30th Street Station Philadelphia, PA 10904 Telephone # (215) 828-5817 III. HERBICIDES PROPOSED INCLUDING APPLICATION RATES, CARRIERS, ADJUVANTS, AND APPLICATION TECHNIQUES Weed Control Herbicide Program for the Roadbed The post -emergent 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. Herbicide Fact Sheets for the herbicides proposed are found in Appendix A. Location Herbicide(s) Carriers or Application Application Rate Adjuvants Technique Sensitive area Aquaneat Foliar 2 qts/acre buffer zone Opensight Foliar 3.3 oz/acre Oust Extra Foliar 4 oz/acre More Foliar 2-5 oz/acre Grounded Foliar 1-4 pts/acre Aquaneat Foliar 2 qts/acre Non -sensitive Opensight Foliar 3.3 oz/acre areas Oust Extra Foliar 4 oz/acre More Foliar 2-5 oz/acre Grounded Foliar 1-4 pts/acre Aquaneat Foliar 2 qts/acre Touch-up Opensight Foliar 3.3 oz/acre applications Oust Extra Foliar 4 oz/acre More Foliar 2-5 oz/acre Grounded Foliar 1-4 pts/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. Herbicide Fact Sheets for herbicides proposed may be found in Appendix A. Location Herbicide(s) Carriers or Adjuvants Application Technique Application Rate Aquaneat Foliar 4 qts/acre Escort XP Foliar 2 oz/acre OR - Non -sensitive Aquaneat Foliar 3 qts/acre areas Opensight Foliar 6.6 oz/acre More Foliar 2-5 oz/acre Grounded Foliar 1-4 pts/acre WA Brush Control Program for Areas Adjacent to the Roadbed (continued) Location Herbicide(s) Carriers or Adjuvants Application Technique Application Rate Aquaneat Foliar 4 qts/acre Escort XP Foliar 2 oz/acre OR - Touch -up Touch-up Aquaneat Foliar 3 qts/acre Opensight Foliar 6.6 oz/acre More Foliar 2-5 oz/acre Grounded Foliar 1-4 pts/acre 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 in accordance with 333 CMR 11.03(8)(c). -3- 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 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 tall 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 American Basswood American Beech American Hornbeam Apple Ash Aspen Birch Black Locust Black Tupelo Black Walnut Buckthorn Butternut Cherry Eastern Horphornbeam Eastern Red Cedar Elm Flowering Dogwood Hawthorn Hickory Honey Locust Maple Northern Catalpa Oak Pine Poplar Sassafras Shadbush Spruce Sumac [E 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. 5 - 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 between herbicide applications double blue sensitive areas in which a minimum elapse between herbicide applications. yellow no spray zone months shall elapse of 24 months shall 6- 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 Herbicide Waste 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. r� Vill. 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 BASF Specialty Products (800) 832-4357 Dow AgroSciences, LLC (800) 992-5994 Dupont (general) (888) 638-7668 Dupont (medical emergency) (800) 441-3637 Dupont (transportation emergency) (800) 424-9300 Monsanto (314)694-4000 Nufarm Turf & Specialty (800) 345-3330 Massachusetts Pesticide Bureau (617) 626-1700 Massachusetts DEP Emergency Response (888) 304-1133 ChemTrec (800) 424-9300 EPA National Pesticide Information Center (800) 858-7378 Massachusetts Poison Control Center (800) 222-1222 Local Community Chief of Police and/or Fire Chief Attleboro (508) 222-1212 Boston (617) 343-4500 Canton (781) 821-5090 Dedham (781) 751-9338 Foxborough (508) 543-4343 Longmeadow (413) 567-3311 Mansfield (508) 261-7300 Sharon (781) 784-1587 Springfield (413) 787-6310 Westwood (781) 326-1903 0 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 SPECIALTY DUPONT OUST EXTRA SULFOMETURON METHYL 352-622 METSULFURON METHYL BASF ARSENAL ISOPROPYLAMINE SALT 241-273 SPECIALTY R.R. OF IMAZAPYR PRODUCTS HERBICIDE DUPONT OUST XP SULFOMETURON METHYL 352-601 DUPONT ESCORT XP METSULFURON METHYL 352-439 DOW OPENSIGHT AMINOPYRALID 62719-597 AGROSCIENCES NUFARM POLARIS ISOPROPYLAMINE SALT 228-534 SPECIALTY OF IMAZAPYR NUFARM RAZOR PRO GLYPHOSATE 228-366 SPECIALTY 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 Product Name (as found above) you wish to be informed about 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.govleea/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 any of these documents may also be obtained by calling TEC Associates at (207) 767-6068. u�� t Hcr,d ?l \i «...,' 2 `���� f\� a '. � efF y ./1 J \ � O � ���r �^""-•) �� � t� 4��x�'�X3 e 1 x5�� „`': �w_' _-, r' , ) woo w o v �I/� � � Z t.i1T,1AMjLL}.� l�tvd( m` m 7 N, 1, vc nsnavmUt�v��`` a 5 „ z o va m n �..., C� P t� Y A 0 F t 1ia`v ` N N I \fir, n I (�M r� �MMi q !Jg )) w�/ r 9 � � t � �• w O CD G/ GREAT W N THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS ADAR Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 617-626-1700 fax: 617-626-1850 www.mass.gov/agr 'UP avnanicuu eninisa RCE9 CHARLES D. BAKER KARYN E. POLITO MATTHEW A. BEATON IOHN 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: AMTRAK National Railroad Passenger Corporation. This plan has been prepared and submitted to the Department of Agricultural Resources by: TEC Associates of South Portland, Maine. Municipalities identified in the AMTRAK YOP as locations where the rights -of -way will be treated with herbicides during the 2017 calendar year are: Attleboro, Boston, Canton, Dedham, Foxborough, Longmeadow, Mansfield, Sharon, Springfield, Westwood. AMTRAK's vegetation control program for 2017 will be consistent with the VMP as approved by the DAR and involves an Integrated Pest Management (IPM) approach. In the 2017 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. 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. Hi -rail vehicles equipped with herbicide application equipment will be used to treat the rights -of -way. Public notification (by certified mail) will be provided to the chief elected official, Board of Health, and Conservation Commission in each affected municipality at least twenty-one days prior to any herbicide application. "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 2017: NORTHEAST CORRIDOR Attleboro to Boston Attleboro Sharon Dedham Mansfield Canton Boston Foxborough Westwood SPRINGFIELD LINE Longmeadow to Springfield Longmeadow Springfield 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 at the following web address: littp://www. mass.gov/eea/agencies/agr/pesticides/vegetation-management-and-yearly-operation-plans.litml 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 and where applicable the Massachusetts Water Resource Authority and the Massachusetts Department of Conservation and Recreation will receive a YOP or an internet address where the YOP could be viewed. 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. Page 2 of 3 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. 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 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 THE CLOSE OF BUSINESS, FRIDAY, MAY 19, 2017 Page 3 of 3