BCAP introduction for Conservation Commissions 200

Berkshire Conservation Agent Program: 

Berkshire Conservation Agent Program Terry Plantier Eucker

Slide2: 

NOTE: To read a copy of the full text that accompanies this presentation please open presentation with Microsoft Powerpoint and click view, normal, and read the speaker notes below each slide To just view the slides click slide show, view show

Berkshire ConservationAgent Program: 

Berkshire Conservation Agent Program Created through the efforts of Berkshire Regional Planning Commission Initially funded by a grant from the Berkshire Environmental Endowment Fund of the Berkshire Taconic Community Foundation Purpose is to provide Berkshire County Conservation Commissions with professional technical assistance and training that is both timely and affordable

Program Benefits: 

Program Benefits Program is available through a municipal agency (BRPC); therefore, the Commission does NOT have to request bids to obtain the services it needs Available at the Commission’s convenience, including nights and weekends

Program Benefits: 

Program has a set rate that is affordable to Commissions and applicants ($25.00/hour including travel time and current IRS mileage rate - .40 cents per mile travel expenses) Cost of the program can be covered by the applicant Under the original grant each Town received 7 hours of free service under the grant Large or regionally important projects may be funded through the grant upon approval of BRPC Program Benefits

Program Benefits: 

Program Benefits Work is performed solely for conservation commissions so that there is never a concern about any conflicts of interest Program can provide Commission with written comments and recommendations

Staff & Qualifications: 

Staff & Qualifications Staffed by Terry Plantier Eucker Qualifications include: Master’s of Science degree in Biology Experience as a Conservation Agent for several Berkshire County Cities and Towns Wetland Circuit Rider for Massachusetts Department of Environmental Protection Experience as an Environmental Consultant 18 years experience with the Wetland Protection Act and Regulations and training in plant identification, soils, hydrology, wildlife, etc.

Program Services: 

Application review Review of Resource area delineations Site inspections Review of Wildlife Habitat Evaluations Drainage calculation -stormwater review Written review & recommendations Suggested Orders of Conditions Computerized permit review & tracking Project compliance monitoring Commission training Enforcement Writing and adopting Rules and Bylaws Grant writing Program Services

Application review: 

Application review Review applications and plans Attend hearings and site meetings

Review of Resource area delineations : 

Review of Resource area delineations Walk site to inspect resource area delineations such as wetland flagging, 200’ riverfront boundaries, bank

Site inspections: 

Site inspections “just give us an idea if we might have wetlands on our land” Determine whether land is in agricultural use Forestry activities and Forest cutting plans Emergencies Vernal pools

Wildlife habitat evaluation review: 

Wildlife habitat evaluation review Review written Wildlife Habitat Evaluation Check site for important wildlife habitat features

Drainage calculation – stormwater review: 

Drainage calculation – stormwater review Table of Runoff Curve Numbers (SCS, 1986) Description of Land Use Hydrologic Soil Group A B C D Paved parking lots, roofs, driveways 98 98 98 98 Streets and Roads: Paved with curbs and storm sewers 98 98 98 98 Gravel 76 85 89 91 Dirt 72 82 87 89 Cultivated (Agricultural Crop) Land*: Without conservation treatment (no terraces) 72 81 88 91 With conservation treatment (terraces, contours) 62 71 78 81

Written review & recommendations: 

Written review & recommendations Application completeness, deficiencies, compliance with Regulations, additional information required

Slide15: 

Suggested Orders of Conditions Computerized suggested Conditions – easy to edit, monitors construction, protects resource areas, tracks cumulative impacts, easily understood by applicant and contractor, withstand appeal and DEP intervention

Computerized permit review and tracking : 

Computerized permit review and tracking MASSGIS

Project compliance monitoring: 

Project compliance monitoring Review site for compliance with approved plans and Order of Conditions

Slide18: 

Commission training

Slide19: 

TRAINING TOPICS CURRENTLY AVAILABLE - OR PICK A TOPIC AND ONE CAN BE PREPARED ESPECIALLY FOR YOUR COMMISSION RDA’S THE WETLAND PROTECITON ACT RIVERFRONT REGULATIONS RIVERFRONT EXEMPTIONS RIVERFRONT REDEVELOPMENT LIMITED PROJECTS REVIEWING PROJECTS IN LAKES, PONDS AND STREAMS ESTABLISHING JURSIDICITON BVW DELINEATION BANKS (10.54) VERNAL POOLS DRAINAGE CALCULATIONS CLEARWATER

Slide20: 

BEAVERS ENFORCEMENT STORMWATER WEST NILE VIRUS THE BASICS OF THE WETLAND REGULATIONS SINGLE FAMILY HOMES AND THE RIVERFRONT JURSIDICTION AND THE RIVERFRONT CONSERVATION COMMISSION RESOURCES WRITNG AN AFFIRMABLE ORDER OF CONDITIONS TITLE V AND THE WETLAND PROTECTION ACT PROTECTING THE PUBLIC’S RIGHTS BROWNFIELDS AND RIVERFRONT REDEVELOPMENT MORE TRAINING TOPICS CURRENTLY AVAILABLE

Enforcement: 

Enforcement Site inspection, photographs, administrative search warrants, restoration orders

Writing and adopting Rules and Bylaws: 

Writing and adopting Rules and Bylaws Grant writing

Slide23: 

How has it worked so far? One Commission used the Program to review a complex NOI. The Commission felt it was likely that an abutter would appeal the Order. The applicant had threatened to sue if DEP intervened or the Order was appealed The purpose of the review was to to ensure compliance with the regulations and: 1) leave no grounds for an abutter to appeal 2) ensure DEP would not intervene 3) ensure that DEP would affirm their Order on appeal. The result was; DEP did not intervene, the Order was not appealed, the applicant did not sue.

Slide24: 

How has it worked so far? One Commission used the Program to review an NOI and site for a riverfront redevelopment project where the applicant claimed that the work did not require any mitigation or restoration. It was determined that mitigation and restoration actually were required. As a result, almost 91,000 sf of restoration/mitigation was provided that was not in the original NOI. In addition, at the site visit an intermittent stream and bvw were found that the applicant had missed. These were in the area of proposed work so the applicant had to do a wildlife habitat evaluation of the bank and replicate the wildlife habitat of the bank; and replicate the bvw.

Slide25: 

How has it worked so far? One Commission used the Program to review a “high priority” NOI for a dam repair filed by the State. The applicant was filing for limited project status and did not perform a wildlife habitat evaluation for > 50 ft. of bank alteration, and no wetland replication. The review found that the project did qualify for limited project status and required the applicant to meet any performance standards it could. Therefore, a wildlife habitat evaluation and restoration for bank alteration and a bvw replication plan were provided. Also, in review of the projects attempts to avoid, minimize, mitigate impacts it was determined that further minimization could be attained by reducing clearing on the site.

Slide26: 

How has it worked so far? Currently BCAP is working with a Commission to review a large proposal for a golf course. During the site visit with the applicant BCAP felt that the plans were not accurate and requested that the applicant survey in the field the exact location of some of the “holes”. As it turned out, these holes were located in the middle of a wooded wetland that was never flagged or shown on the plans. When asked, the consultant’s wetland person said he was “never asked to look at that far end of the site”! Yet somehow, they designed the golf course there. The plans are obviously being revised.

Slide27: 

How has it worked so far? One Commission is using the program to review the application and plans and perform site inspections with the Commission and the applicant for every application they receive. Another Commission is using the program for help writing Orders of Conditions and for assistance with a difficult Enforcement case. Another Commission is using the program for training of Commission members on topics they feel they need assistance with or when there are changes in the regulations. inspections enforcement training

Slide28: 

So how do we start using the services of BCAP? Once you have your consultant rules and consultant fee account set up, check with your communities’ purchasing agent or town accountant for any standard procedures specific to your community. Complete the contract and scope of services (a copy is in the appendix) and submit to BRPC and BCAP. Contact Terry Eucker to arrange the details of the work you need performed, any time limits, funding limits, work the Commission wants to perform themselves, site visit procedures, etc. Inform the applicant of the procedure. An example document of the procedures is included in the appendix that can be provided to applicants. Billing will be sent to you from BRPC. Use the fee to pay the bill, which you should collect from the applicant prior to the start of any consulting work.

Slide29: 

HOW TO OBTAIN SERVICES CALL US and we’ll come running Terry Plantier Eucker 698-2172 Tom Matuszko 442-1521

Slide30: 

HOW TO OBTAIN SERVICES Terry Plantier Eucker at BCAP@nycap.rr.com Tom Matuszko at tmatuszko@berkshireplanning.org

Slide31: 

HOW TO OBTAIN SERVICES Terry Plantier Eucker BCAP 12 Oak Rd. Pittsfield MA 01201-8788 Tom Matuszko BPRC 1 Fenn St. Pittsfield MA 01201

Slide32: 

THE END “Someday, all of this will be yours.”