Protecting Massachusetts Vernal Pools. Leo Kenney Matt Burne Moderated by Marc Bergeron

Size: px

Start display at page:

Download "Protecting Massachusetts Vernal Pools. Leo Kenney Matt Burne Moderated by Marc Bergeron"

Duane Page
6 years ago
Views:

1 Protecting Massachusetts Vernal Pools Leo Kenney Matt Burne Moderated by Marc Bergeron

2 Protecting Massachusetts Vernal Pools Overview of protection available Strategies for implementing existing protection Improvements with bylaws

3 First Step: Finding them all Certified Vernal Pools Potential Vernal Pools Site visits

6 Map of CVPs in Massachusetts, 2016 ca 7300

7 (under the Wetlands Protection Act) Vernal pools may be protected even if they are not certified.

8 Map of PVPs in Massachusetts N~30,000

12 Protecting Massachusetts Vernal Pools What the WPA does and doesn t do Jurisdiction Relevance of certification Performance standards and wildlife habitat evaluation

13 Bordering vegetated wetland Land under water Land subject to tidal action Land subject to coastal storm flowage Land subject to flooding Riverfront area Wetland Types 10.02: Statement of Jurisdiction

14 Vernal Pools are Important Habitat Features Plants important to wildlife for food Standing Dead Trees Tree Cavities Depressions that may serve as vernal pools Sphagnum hummocks or mats...

15 Vernal pools may be any size; may have inlets or outlets; may occur in any type of wetland.

16 Isolated Land Subject to Flooding definition 10.57(2)(b)1: An isolated/closed basin that confines standing water at least once a year to a volume of at least ¼-acre-feet (10,000 cubic feet) and an average depth of six inches.

17 ca 20 x 25, ave. depth ca 2 Volume approx 800 cu ft

18 ca 150 across, max depth ca 6 Volume approx 53,000 cu ft

19 Presumptions for Land Subject to Flooding 10.57(1)(b): Flood control Storm damage prevention Protection of public and private water supply Protection of ground water supply Prevention of pollution And where they are vernal pools, for protection of wildlife habitat

20 Presumptions for Land Subject to Flooding 10.57(2)(b)4: The only [Land Subject to Flooding] which shall be presumed to be vernal pool habitat are those that have been certified as such prior to the filing of [a NOI]. Such presumption is rebuttable and may be overcome upon a clear showing to the contrary.

21 Commission s Discretionary Authority 10.53: General Provisions (1) If the issuing authority determines that a resource area is significant to an interest identified (ie, a functional value) in M.G.L. c. 131, 40 (the Act) for which no presumption is stated in the Preamble to the applicable section, the issuing authority shall impose such conditions as are necessary to contribute to the protection of such interests.

22 Wetland Project Review Establish jurisdiction Determine vernal pool habitat function Set a boundary for the vernal pool Evaluate impacts of the project proposal

23 Evaluating project impacts What species are or could be present What are the habitat functions being provided by the wetland? What are the wetland s characteristics that support the wildlife habitat functions?

24 Wildlife habitat values of vernal pools Breeding Feeding Migration Shelter Overwintering

25 Physical characteristics that provide wildlife habitat values Topography Soil structure Plant community composition and structure Hydrologic regime

26 Performance Standards Bordering Land Subject to Flooding, 10.57(4)(a)3: altering vernal pool habitat may be permitted if it will have no adverse effects on wildlife habitat, as determined by [a wildlife habitat evaluation]. Isolated Land Subject to Flooding, 10.57(4)(b): A project shall not result in an impairment of [the wetland s] capacity to provide wildlife habitat

27 Performance Standards Riverfront Area, 10.58(4)(b): No project may be permitted which will have any adverse effect on vernal pool habitat certified prior to the filing of a Notice of Intent. Riverfront Area, 10.58(4)(d): Work shall not result in an impairment of the capacity to provide vernal pool habitat identified but not yet certified.

28 There is NO THRESHOLD for impacts to vernal pools in Land Subject to Flooding; A Wildlife Habitat Evaluation, Appendix B, is ALWAYS required for projects proposing alteration of vernal pools.

29 Vernal pools do not have a 100-foot buffer or no-touch zone.

32 100 feet

35 Improving Vernal Pool Protection Protect any vernal pool Wetland Protection Bylaw Presume wildlife habitat in isolated wetlands Regulate an upland resource area around vernal pools, as with Riverfront Area; see Sudbury bylaw Use US ACOE MA Programmatic General Permit as a model for setbacks

36 Critical Terrestrial Habitat 750 feet 100 feet: Vernal Pool Envelope

38 Improving Vernal Pool Protection Minimize the Impact Footprint Open Space Residential Development Conservation Design for Subdivisions by Randall Arendt Natural Resources Protection Zoning Model Bylaw Jeff Lacy, DCR Kurt Gaertner, EOEEA

39 Better Subdivision Design

41 17 Lots 2875 of road

42 20 Lots 1400 of road

43 Improving Vernal Pool Protection Minimizing Secondary Impacts Invasive species monitoring and control Prevention of dumping Silt fence removal Mitigating road-related impediments to animal movement

Useful Resources Vernal Pool Association: www.vernalpool.org wickedbigpuddles.blogspot.com Walden Woods Project: www.walden.

49 Useful Resources Vernal Pool Association: wickedbigpuddles.blogspot.com Walden Woods Project: US ACOE Mass Gen. Permit: MA Bylaws list (ca 2006) Sudbury Bylaw: NRP Zoning bylaw model:

A. General Information

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protection A. General Information 1. Project