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Home My WebLink AboutPerera Pond Permit 2023.pdf4L■ - Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 - 617-292-5500 Maura T. Healey Rebecca L. Tepper Governor Secretary Kimberley Driscoll Gary Moran Lieutenant Governor Acting Commissioner License No.: WM04-0001108 LICENSE TO APPLY CHEMICALS FOR CONTROL OF NUISANCE AQUATIC VEGETATION Applicant: COLIN J GOSSELIN Name of Waterbody: PERERA POND Location of Waterbody: YARMOUTH PORT Project Proponent: RONALD PERERA AUTHORITY FOR ISSUANCE Pursuant to the authority granted to the Department of Environmental Protection, by Massachusetts G.L.c. 111, s5E, the following license is hereby issued to COLIN GOSSELIN, Water and Wetland (hereinafter called the "licensee"), authorizing the application of chemicals for the control of nutrients, algae or aquatic plants to PERERA POND, YARMOUTH PORT; such authorization being expressly conditional on compliance by the licensee with all terms and conditions of the license hereinafter set forth. This license shall become effective on the date of the Director's signature and shall expire on the 12/31/2023. Sincerely, License Effective Date: 02/17/2023 Stephanie Moura v1.0 02/17/2023 Page 1 of 5 4L■ - Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 - 617-292-5500 Maura T. Healey Rebecca L. Tepper Governor Secretary Kimberley Driscoll Gary Moran Lieutenant Governor Acting Commissioner Director, Division of Wetlands and Waterways Department of Environmental Protection License No.: WM04-0001108 02/17/2023 Page 2 of 5 4L■ - Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 - 617-292-5500 Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor License No.: A. Application Condition(s) Chemical Information Rebecca L. Tepper Secretary Gary Moran Acting Commissioner WM04-0001108 Product Brand Name/Trade Name Chemical Form (dry/liquid) Total Weight/Volume Applied Units of Measurement (lbs/gallons) Acres Treated Application Rate JIM Planned Maximum Concentration (ppm) Captain xtr liquid .9 gal .5 .6 gal/acre/ft Reward liquid .75 gal .5 1.5gal/acre Clipper dry 1 lb .5 2lbs/acre AquaPro liquid .25 gal .25 1 gal/acre Treatment Method: Treatments will be performed throughout the summer on a as needed basis( May - September) using a back pack sprayer. Foliar treatment of the Phragmites will be performed in September. B. Application Report By December 31 st of the year of this treatment, the licensee shall submit a written report to the Department certifying the treatment date, application rate and the total weight/volume for each chemical used in the treatment, in accordance with requirements of Section I.A. of this license. Please send the report to the Massachusetts Department of Environmental Protection (David.W.Wong@mass.gov). C. Modification of Application Conditions The licensee shall not apply chemicals in a manner contrary to, or inconsistent with, the application conditions set forth in Section I.A. of this license without the prior written approval of the Department. D. Special Condition(s) Flumioxazin Special Treatment Conditions: In addition to label instructions, the MDAR, MADFW and MassDEP have developed special treatment conditions that supersede some label restrictions. 1) The maximum permissible application concentration is 200 ug/L. 2) In order to limit the spatial extent of non -target damage from the toxicity of flumioxazin, no more than '/4 of the water body may be treated in any one year. v1.0 02/17/2023 Page 3 of 5 4L■ - Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 - 617-292-5500 Maura T. Healey Rebecca L. Tepper Governor Secretary Kimberley Driscoll Gary Moran Lieutenant Governor Acting Commissioner License No.: WM04-0001108 3) Treated areas may not be retreated with flumioxazin or any herbicide with a similar mode of action (i.e., light dependent peroxidizing herbicide) for three consecutive years in order to prevent the development of herbicide resistance in treated plants and allow for the recolonization of mussels and other native biota. The exception to this restriction is repeat targeted treatments in consecutive years in the immediate vicinity around shoreline structures (e.g., boat launches, docks, swimming beaches, dams, water intake pipes) and drainage ditches, ponds entirely internal to golf courses, etc. 4) Flumioxazin is excluded from use in State -listed aquatic species habitats, unless otherwise authorized in writing on a case -by -case basis by the MA Division of Fisheries and Wildlife pursuant to the Massachusetts Endangered Species Act, MGL c.131A and its implementing regulations 321 CMR 10.00. General Conditions A. The licensee is hereby notified that chemical treatments to control aquatic nuisances in public or private lakes and ponds of the Commonwealth involve the alteration of wetland resource areas protected under both Massachusetts G.L.c. 131, s40, the Wetlands Protection Act and 310 CMR 10.00, Massachusetts Wetlands Protection Regulations. B. The licensee is hereby notified that issuance of this license does not in any way constitute the Department's approval of the chemical treatment as it related to the provisions of the Wetlands Protection Act. C. The licensee shall obtain either a final Order of Conditions or a negative Determination of Applicability from the YARMOUTH PORT Conservation Commission(s) prior to application of chemicals authorized under this license. D. Shoreline areas of the lake or pond must be posted with signs warning the general public of any water use restrictions stated on the chemical label minimum for one week. This is especially important at bathing beaches and other areas of common access. These signs shall clearly state that the chemical treatment is being conducted pursuant to a license issued by the Department of Environmental Protection, "DEP". A new sign shall be posted for each treatment event. E. The Department may require the licensee to cease application of chemicals to a body of water at any time following the issuance of a license if the Department determines that the chemical treatment will be ineffective, or will result in unreasonable restrictions on current water uses, or will produce unnecessary adverse side effects on nontarget flora or fauna. F. Chemical applications shall be performed in accordance with the manufacturer's label directions, existing pesticide use laws, and any conditions imposed by other local or state agencies. v 1.0 02/17/2023 Page 4 of 5 4L■ - Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 - 617-292-5500 Maura T. Healey Rebecca L. Tepper Governor Secretary Kimberley Driscoll Gary Moran Lieutenant Governor Acting Commissioner License No.: WM04-0001108 G. Chemical treatments to water using general use pesticides shall only be performed by an applicator currently licensed by the Massachusetts Department of Agricultural Resources Pesticide Program in the aquatics category. Chemical treatments to Bordering Vegetated Wetlands (310 CMR 10.55(2)(a)) and Salt Marsh (310 CMR 10.32(2)) using general use pesticides and techniques that insure chemicals are not applied to water shall only be performed by an applicator currently licensed in Massachusetts Department of Agricultural Resources Pesticide Program. Chemical treatments using restricted use pesticides shall only be performed by an applicator currently certified by the Massachusetts Department of Agricultural Resources Pesticide Program. H. Issuance of this license does not release the licensee from liability resulting from the use of chemicals or from negligent or reckless application of chemicals specified in Section I.A of this license. 1. Electronic notification of treatment must be made to the Massachusetts Division of Fisheries and Wildlife Oason.stolarski@mass.gov, jason.carmignani@mass.gov ). Notification that the treatment was performed shall be made within 24 hours of treatment. The notification message should include waterbody, town, license number and chemicals used. J. No chemical treatment shall be conducted while a Massachusetts Department of Public Health advisory is in effect. K. In general, less than 1/3 of the lake area and less than of the littoral zone should be targeted for herbicide treatment when native plants (particularly low growth forms) are dominant. v1.0 02/17/2023 Page 5 of 5