Meeting March 15th
DEP, NHESP, Town and SBA

SU offers this overview as background for the public to better understand the issues surrounding Lake Management

Among those present were:

• Brian Harrington, DEP
• Misty Ann Marold, NHESP
• Roxanne McCaffrey Select Board (SB), member SBSC and SB representative to SBA
• Patrick White SB
• Michael Canales, Town Administrator
• Ron Brouker, Chair, Stockbridge Conservation Commission
• Attorney Ray Miyares, representing the Town of Stockbridge
• Pat Kennelly, President, SBA
• Ira Golub, SBA, Board of Directors
• Dominic Meringolo, Solitude
• Attorney Elisabeth Goodman, representing SBA

Both Michael Nathan, SBA representative to SBSC, and Jamie Minacci, Chair, SBSC, asked to be invited but were not invited.

Points of discussion:

1. The purpose of the meeting was to discuss changes to the Final Order of Conditions which offers specifics for implementing the four-year herbicide test and treatment in Stockbridge Bowl.
2. Background:
   1. Four-year plan to test for and treat Eurasian milfoil commenced in 2020
   2. Requirement was to identify three sites with more than 50% Eurasian milfoil
   3. In 2020 and 2021, there was not enough milfoil in the lake to meet the minimum criteria to move to Step Two (treat a small area)
   4. Letter from SBA to DEP regarding Final Order of Conditions posted in SU January 1, 2022 issue at www.stockbridgeupdates.com appears to begin this process of changing the OOC
3. SBA wants changes to the existing Final Order of Conditions (OOC) for:
   1. Maximum flexibility to evaluate and select potential test sites
   2. Selecting extra site as back-up if once again cannot find milfoil
   3. Selecting potential test sites in May 2022
   4. Precluding Town from harvesting in test areas
4. The SBA proposed to change the herbicide used from Fluridone to ProcellaCOR
   1. Description of ProcellaCOR at https://www.walpa.org/waterline/june-2019/procellacor
   2. This also would require a change to the OOC
   3. OOC can only be changed by the grantor (DEP) when warranted by conditions: Go to https://www.mass.gov/guides/wetlands-program-policy-85-4-amended-orders for requirements to change an OOC
5. Question posed about permission to harvest aquatic vegetation, use herbicide, and dredge in the same year.
   1. Representatives of the DEP and the NHESP said their preference was to permit just one lake intervention at any given time. They pointed out the Bowl already has two active permits: Town’s harvesting and SBA’s herbicide program.
   2. When asked whether they would permit dredging as a third concurrent intervention, they indicated it would be highly unlikely, though their policy was only to answer definitely when actual NOI (Notice of Intent) is before them and an NOI for dredging has not been submitted.
   3. They indicated it would be up to SBA, the applicant, and applicant’s consultant to justify three concurrent interventions but observed the approval of three simultaneously was “unprecedented”.
   4. State regulators asked if there was overlap between the potential herbicide test/control plots and the dredging areas. Map displayed by Solitude indicated likely plots around the causeway and the island that overlap dredging areas.

Editor’s Notes: 1. What is whole lake treatment? Putting herbicide in the entire lake to kill aquatic vegetation. Testing is required to demonstrate the Eurasian milfoil problem is severe enough to justify whole-lake treatment. 2. “Dredging is the removal of sediments and debris from the bottom of lakes, rivers, harbors, and other water bodies. It is a routine necessity in waterways around the world because sedimentation—the natural process of sand and silt washing downstream—gradually fills channels and harbors. Early SBA fundraising materials explained it best, prevent going from “Bowl to Bog”