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18 Sunset Drive
Ashburnham, MA 01430
Phone: 508-397-0033
April 24, 2015
Secretary Richard K. Sullivan, Jr.
Executive Office of Energy and Environmental Affairs (EEA)
Attn: MEPA Office
Holly Johnson EEA No. 15354
100 Cambridge Street, Suite 900
Boston MA 02114
Dear Ms. Johnson,
Aquatic Restoration Consulting, LLC (ARC) submits the following comments regarding the
proposed Ramshorn Pond Dam Rehabilitation project proposed by the Town of Millbury. The
Ramshorn Pond Association (Association) contracted ARC to review the proposed project and
provide comments to ensure protection of this important resource. ARC concludes that the project,
as proposed and evaluated, will not require an Environmental Impact Statement. However, the
project does not meet the basic and fundamental requirements of the Clean Water Act. The project
does not evaluate all practical alternative to avoid and minimize impacts to waters of the United
States. In addition, the applicant did not perform an alternative analysis for mitigation. ARC offers
the following to consider in response to the applicant to improve the project such that it avoids and
minimizes impacts before considering mitigation.
Ramshorn Pond Affected Environment
Ramshorn Pond is listed as a Great Pond with superior water quality. Because the dam was built
in the 1800’s there is no record of the original pool area1. Ramshorn Pond nutrient concentrations
are very low. Phosphorus concentrations since 2000 are well below levels known to harbor
harmful algal blooms and impair designated uses. Concentrations over the last 15 years have
been reported less than the detection limit of 10-20 µg/L (micrograms per liter - parts per billion).
Ramshorn Pond concentrations are comparable to the 25th percentile for phosphorus
concentrations (8 µg/L) throughout Ecoregion XIV and below the level expect to exhibit symptoms
of eutrophy (24-48 µg/L; characterized by reduced clarity, increase algal concentrations,
decreased oxygen)2. The applicant must ensure that short term, long term and cumulative effects
of the project do not degrade the existing water quality of Ramshorn Pond.
The residents are familiar with invasive aquatic plants, especially Eurasian watermilfoil
(Mryiophyllum spicatum). They report that the pond does not contain any milfoil or other invasive
plant species. It is of utmost importance to lake ecology to prevent the introduction of any nonnative invasive species. Unfortunately the neighboring waterbody, Lake Singletary, is heavily
infested with Eurasian watermilfoil, fanwort (Cabomba caroliniana) and curly leaf pondweend
(Potamogeton crispus). Lake Singletary is listed on the Massachusetts list of impaired waters due
1
2
Massachusetts Fish and Wildlife lake and pond files; Westborough, MA
EPA 2001. Ambient Water Quality Criteria Recommendations, Lakes and Reservoirs in Nutrient Ecoregion XIV. EPA 822-B-01-011
to milfoil3. Aquatic Control Technology, a licensed herbicide applicator, routinely applies herbicide
to reduce plant densities in Lake Singletary. The proximity of this lake (0.8 miles) to Ramshorn
Pond makes introduction of invasive species highly probable. The risk of introduction is greatly
increased by constructing a formal boat ramp and parking area. Boats and fishing equipment are
one of the primary modes of transport and introduction of plants into waterbodies. It is imperative
that actions resulting from this project to not degrade the waterbody by increasing the probability
of invasive species introduction. These aggressive plants out compete the native plant
assemblage and reduce biodiversity, disrupting the entire ecology of the lake that is often
irreversible. Invasives are rarely eradicated in lakes, thus prevention is the focus of protection.
Proposed Project Purpose and Need
The applicant proposes to provide a parking area and a boat launch that will require additional
discharge of fill material into waters of the United State than is required to meet the intent of the
project’s stated purpose. The additional fill is an avoidable impact without a justified purpose and
need. The description on the Environmental Notification Form (ENF), is titled Ramshorn Pond
Dam Rehabilitation and its purpose is “…to rehabilitate and improve performance of the
Ramshorn Dam and appurtenances.” Several consultants reported there are uncontrolled
seepage issues at Ramshorn Dam. The engineers recommend further evaluation along with
structural alternative to control seepage. However, the applicant presents an alternative that
provides for a boat launch and parking. The applicant failed to provide adequate information to
demonstrate a need that justifies filling waters of the United States as mandated by the Clean
Water Act (CWA). Lake Singletary provides ample recreational opportunities with a large boat
ramp and parking facilities for 20 vehicles maintained by the Massachusetts Department of
Conservation and Recreation. Thus, the purpose and need for a new boat ramp and parking at
Ramshorn Pond is minimal. There have been no petitions to the Commonwealth to provide
access to Ramshorn Pond in accordance with Chapter 91 Section 18a, further demonstrating that
the need is minimal.
The ecological consequences of this secondary action proposed by the applicant by both filling
the pond and increasing the probability of invasive species introduction is irreversible. No amount
of mitigation can replace the lost habitat and biodiversity.
Alternative Analysis
Concern: The applicant failed to evaluate alternatives that minimize or avoid impacts to Land
Under Water Bodies and Waterways (LUW) and Bank. Alternatives exist that would minimize and
potentially avoid impacts to these resources by eliminating or relocating parking and boat access.
Providing enhanced public access is not essential to the project purpose and does not address
dam safety concerns identified during multiple dam inspections4,5,6. The project can accomplish
the goal of dam rehabilitation without additional impacts to the resource. Pare Corporation (Pare)
states in their November 2013 report3 (words emphasized by ARC in bold):
In addition to increasing the stability of the upstream slope to comply with dam
safety regulations, the wall will also provide a number of secondary benefits,
including:
3
3
MA DEP 2013 (4) Final Massachusetts Year 2012 Integrated List of Waters
Tighe and Bond 2012. Department of Conservation and Recreation Office of Dam Safety Poor Condition Dam Follow-up Inspection
Form.
5
Weston & Sampson Engineers, Inc 2011. Ramshorn Pond Dam Phase I Inspection/Evaluation Report
6
Pare Corporation 2013. Schematic Design Report Ramshorn Pond Project No. 13072.00
4
Ramshorn Pond Dam Rehabilitation
Page 2
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Reducing seepage through the embankment. The upstream wall, if
installed to a sufficient depth, will act as a cutoff wall that will assist in
addressing identified seepage concerns.
Widening the crest. While not a consideration to dam safety aspects of
the project, widening the crest could provide a vehicular parking area that
will increase accessibility to the pond for Town residents.
While the repair of the dam is a demonstrated need, the ecological consequences of the
secondary action of filling the waterbody to widen the crest for parking and a boat launch is not
justified. The applicant admits that widening the dam is not necessary for dam rehabilitation. Lake
Singletary provides an off-site alternative for fishing, fowling and swimming. This 330 acre lake
has a paved public boat ramp, parking for 20 vehicles and is located 0.8 miles from Ramshorn
Pond.
Suggested Resolution: There are practicable alternatives that would have less adverse impact on
the aquatic ecosystem. The applicant should eliminate or relocate the parking area and boat
launch and evaluate other practicable alternatives for canoe launch and fishing access. For
example, the applicant could provide access via a small easement with a trail to the lake with a
small fishing pier. Given that there are ample opportunities to fish, fowl and swim nearby, providing
a formal access is not justified. The risk of invasive species introduction into Ramshorn Pond is
greatly increased by providing formal access. The applicant should explore additional options for
addressing seepage and slope stability that avoid or reduce fill in waters of the United States.
Basis of Concern: Both Federal and State regulations require avoidance and minimization of
impacts to the aquatic environment to the maximum extent practicable:
 The Clean Water Act 40 CFR part 230 Section 404 (b)(1) requires “…the permit applicant
to take all appropriate and practicable steps to avoid and minimize adverse impacts to
waters of the United States. Practicable means available and capable of being done after
taking into consideration cost, existing technology, and logistics in light of overall project
purposes.”
 Massachusetts 310 CMR 10.54: Wetlands Protection Act: “…Structures may be permitted
in or on a Bank when required to prevent flood damage to facilities, buildings and roads…
provided that the following requirements are met:
1. The proposed protective structure, renovation or reconstruction is designed
and constructed using best practical measures so as to minimize adverse
effects on the characteristics and functions of the resource area:
2. The applicant demonstrates that there is no reasonable method of
protecting, renovating or rebuilding the facility in question other than the
one proposed.”
As indicated by the applicant, widening of the road is not required in to prevent flood
damage (rehabilitate the dam) and therefore should not be permitted.
 Massachusetts 310 CMR 10.56 & 10.60: Wetlands Protection Act: The project alters more
than 5,000 square feet of Land Under Water and therefore the project shall have no
adverse effects on wildlife habitat. Adverse effects “…means the alteration of any habitat
characteristics listed in 310 CMR 10.60(2), insofar as such alteration will, following two
growing seasons of project completion…substantially reduce its capacity to provide the
important wildlife habitat functions listed in 310 CMR 10.60(2).” The unnecessary fill will
permanently alter 18,060 square feet of topography, soil composition and plant
community. This will permanently eliminate habitat for rooted aquatic plants that provide
food, shelter and breeding habitat for invertebrates, amphibians, reptiles and fish.
Ramshorn Pond Dam Rehabilitation
Page 3
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Massachusetts 310 CMR 9.32: Waterways: Projects are eligible for a license if “Structures
for water-dependent use on submerged lands below the natural high water mark, provided
such structures are designed to avoid unnecessary encroachment in the water” Enlarging
the dam crest is unnecessary and avoidable.
Concern: The applicant failed to perform an alternatives analysis for compensatory mitigation.
There is no in-kind restoration or replication of open water habitat (LUW) being filled. Rather, the
mitigation involves restoration of an emergent wetland that was previously impacted. This was
the only option provided by the application. Also, the applicant classified one of the downstream
wetlands as isolated. Given that the wetland is located immediately downstream of the dam it is
probable that this wetland has a significant nexus (hydrologic and ecological connection) to
navigable waters (Ramshorn Pond) and its outlet.
Suggested Resolution: The applicant should evaluate multiple alternatives for mitigation (other
sites, preservation, in-lieu fee) and provide justification as to why in-kind replication/restoration is
not practical. The applicant should also seek a written jurisdictional determination from the Army
Corps of Engineers for the isolated wetland.
Basis of Concern: Clean Water Act Section 404 (b)(1) requires in-kind mitigation. Jurisdictional
determination is suggested, given the location of the wetland and potential influence of pond
discharge and relationship to pond pool and Ramshorn Brook.
Concern: The applicant failed to provide protection against invasive species or monitoring and
response planning to eradicate plants if identified. Site disturbance provides an ideal environment
for the colonization of non-native invasive species. Specifically, disturbance along the bank of
Ramshorn Pond, downstream wetlands and riverfront and the compensatory mitigation area will
invite colonization of common reed (Phragmites australis) and purple loosestrife (Lythrum
salicaria). These species out compete native plants and reduce diversity and habitat quality. In
addition, the construction of ramp access also increases the chance of transport of aquatic plant
species into Ramshorn Pond. At present, there is no documentation of any invasive species in
the pond. Ramshorn Pond is proximal to waterbodies infested with invasives and lake to lake
transport of these plants via boats is highly likely if a boat ramp is provided. Invasive species
infestations have the potential to reduce property values by lowering the quality of living for
property owners on the pond.
Suggested Resolution: Establish a monitoring plan to assess invasive plant introductions and
prepare a rapid response plan detailing how the applicant will eradicate plants if found (including
acquiring permits and identifying contractors to enable a rapid emergency response). Monitoring
of the disturbed area should continue for at least five years post project completion. Should
invasive species be detected, monitoring and control methods should continue for a period of at
least five invasive-free growing seasons. If public access is provided to allow boats, monitoring of
vegetation by the applicant should continue indefinitely. The applicant should also prepare a rapid
response plan for in-lake and shoreline invasive species detection and eradication. While the
applicant proposed placing signage to educate the public, signage alone is an ineffective deterrent
and does not prevent introductions.
Ramshorn Pond Dam Rehabilitation
Page 4
Basis of Concern: It is well established that invasive species colonize disturbed sites7 and plant
fragments are easily transported and introduced into lakes on boats, motor and fishing gear 8.
Prevention is the most effective strategy9. Many states including Massachusetts have prepared
and implemented rapid response plans for early detection and control of invasives 10. Economic
studies have shown that reduced water quality impacts property values. Studies in Maine and
Minnesota found “…a positive relationship between water clarity and property values.” The
Minnesota study “…found that homebuyers are influenced by water clarity when making
purchases and are willing to pay more for a better environment.”11.
As a Certified Lake Manager I am all too aware of anthropogenic impacts on aquatic resources.
Ramshorn Pond provides valuable habitat for aquatic flora and fauna, terrestrial and avian wildlife
and humans. We understand the importance of dam rehabilitation to maintain the impoundment
and prevent downstream flooding. The Association and ARC believes this project can be
implemented with practicable avoidance and minimization of impacts. Should you have any
questions regarding any of these comments, I can be reached at 508-397-0033 or
[email protected]. Thank you for your attention.
Sincerely,
Wendy C. Gendron, CLM
Aquatic Ecologist/Owner
7
http://www.fws.gov/GOMCP/pdfs/phragmitesQA_factsheet.pdf
http://www.mass.gov/eea/docs/dcr/watersupply/lakepond/downloads/aquatic-species.pdf
9
http://www.fs.fed.us/invasivespecies/prevention/
10
http://www.mass.gov/eea/agencies/czm/program-areas/aquatic-invasive-species/
11
http://water.epa.gov/type/lakes/upload/healthy_lakes_and_higher_property_values.pdf
8
Ramshorn Pond Dam Rehabilitation
Page 5
April 27, 2015
Secretary Richard K. Sullivan, Jr.
Executive Office of Energy and Environmental Affairs (EEA)
Attn: MEPA Office
Holly Johnson EEA No. 15354
100 Cambridge Street, Suite 900
Boston MA 02114
Dear Ms. Johnson,
I am writing to you on behalf of the Ramshorn Pond Association. Our main
goal for the last forty years has been to maintain a high quality of water with no
invasive weeds in Ramshorn Pond. While you are reviewing the plans to repair the
Ramshorn dam we urge you to consider a plan design that will help keep the high
quality of the water. The current design includes filling in land underwater and
providing a canoe ramp which will inevitably introduce weeds into the pond. This is
beyond the scope of dam repair.
Singletary Lake has a boat ramp that fills the need for fishing and canoeing.
Singletary Lake boat ramp is only .8 miles from the Ramshorn dam. Singletary Lake
is listed as an impaired lake in the state of Massachusetts because of weeds. We urge
you to encourage the applicant to minimize the project to protect the pond from
invasive weeds and to preserve the high quality of water.
This letter is a representation of the Ramshorn Pond Association and the
opinions of all the residents of Ramshorn Pond. Our conservation efforts over the
past forty years have remarkably resulted in the high quality of water and the
absence of invasive weeds. No other lakes in the area have been able to accomplish
this. Please seriously consider our concerns when reviewing the plan design.
Sincerely,
Kathleen Crewe
President, Ramshorn Pond Association
33 Ramshorn Rd.
Millbury, MA 01527
Email: [email protected]
Cell: (508)277-1767
April 27, 2015
Secretary Richard K. Sullivan, Jr.
Executive Office of Energy & Environmental Affairs (EEA)
ATTN: MEPA Office
Holly Johnson EEA No. #15354
100 Cambridge Street, Suite 900
Boston, MA 02114
Dear Mr. Sullivan
As a resident living on Ramshorn Pond in Millbury, I am most concerned with the impact the dam
rehabilitation project will have on the quality of our waterway. Because of the expansion in addition to
the rehabilitation, I am concerned our water quality will be greatly impaired. Water quality results each
year (and our association tests our water quality each year) have yielded very high quality ratings. My
hope would be to optimize and maintain the high quality status we currently have. Currently, Ramshorn
Pond water quality results show very low nitrates and no invasive plant life which is remarkable and
makes our pond the gem that it is. The introduction of invasive plant life as a result of this project is just
that: INVASIVE. It is concerning and alarming to know that the quality of our waterway could become
impaired. Once invasive plants are introduced, and I do believe they will be introduced as a result of this
project, it is very difficult to eliminate and eradicate them.
Less than 2 miles from our waterway is Lake Singletary. This body of water has been deemed as “an
impaired waterway” by the state and poses as a threat to the water quality of our resource. The clear
and defined planned boat launch as part of this rehabilitation and expansion project, the threat
heightens as visitors from Lake Singletary can and will inhabit our waterway, carrying with them the
strong possibility of introducing invasive plant life to Ramshorn. We would expect to know and
understand the clear plan the applicant has for prevention and ratifications should any invasion occur.
Ramshorn Pond will attract many people and boats to our waterway. I am concerned the influx of
people with kayaks, canoes, and fishing boats would create and introduce the dreadful invasion of
milfoil, impairing our pristine water quality. The Association has worked very diligently to maintain our
high quality status. We have been good stewards of our resource and will continue to do. We educate
homeowners and visitors. We use low phosphate detergents and do not promote fertilization of our
lawns. We host lake clean up events and promote a safe and clean waterway. We fear that the water
quality will become impaired.
Thank you.
Doreen Thornburg
Secretary, Ramshorn Pond Association