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HomeMy Public PortalAboutWQRC Packet 5 26 23 Town of Brewster Water Quality Review Committee 2198 Main St., Brewster, MA 02631 (508) 896-3701 AMENDED WATER QUALITY REVIEW COMMITTEE MEETING AGENDA 2198 Main Street May 26, 2023 at 9AM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly. Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 869 1743 3374 Passcode: 443208 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/86917433374?pwd=WFNNWktuKzROempqU1FjWDNlazhXUT09 Passcode: 443208 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. Continued for Approval Certificate Renewal – Dream Day Cape Cod- M132 L9 165 Nan- Ke-Rafe Path 6. WQRC Certificate Renewal - Camp Mitton Crossroads- M38 L36 46 Featherbed Road 7. Viewing of Former Cape Cod Sea Camps Long Pond Property Video 8. Presentation by Brewster Conservation Trust of Sea Camps Pond Property Hydrogeological Analysis Report 9. Approval of Minutes – 2/24/23 & 3/24/23 10. For Your Information 11. Matters Not Reasonably Anticipated by the Chair 12. Next Meeting: 13. Adjournment Date Posted: Date Revised: Received by Town Clerk: 5/23/23 5/24/23 WATER QUALITY REVIEW COMMITTEE Cynthia Baran Chair Amy von Hone Vice Chair Ned Chatelain Kimberley Crocker Pearson Robert Michaels Chris Miller Davis Walters '��\\\\\\1% e IIw,s ).!/i* off ''a PORt`l /Jllllltlllllllll19 R4\1\\\VA�VAA�� TOWN F A' R QUALITY RE '2.198 of .Siit'et Brows!. ie . cift.itit tts 117(,31 189g ( 0t) t,9(,-370)7 FAX (U ) 89.6-S()St) APPLICATION CERTI 'ATE O WATER QUALITY COMPLIANCE rewster A1QPI) Zoning 3ylaw 179.53 T f,-/zkA2-- APPLICATION FEE New: $100.00 Renewal: $50.00 w w MS w w w r w w NM r w w r w w w (Please Print) PROPERTY LOCATION 1 GIS AM-A/ gc(,1"e, Par rrwrrpwrewwwrgewrrwMrrwwwrwirrKwrrmwrsrwwwwrwrwwww■ PROPERTY OWNER,,,..,,. MAILING ADDRESS (if different)__, BUSINESS NAME , y%2 N.qt.,.dt uu � � f� PHONE 77 H' / H._ 7 cod MAP 3q-05 PARCEL 5 '((� PHONE .. ...k_1. QLL.7.... APPLUCCANT''MAi`7Ai f7•R 17 ell 41 EMAIL ADDRESS CAC I /t rfP / . "euiYf o{ BUSINESS APPLICANT: EXPIRATION DATE OF LAST CERTIFICATE g� c A COMPLETED APPLICATION must be submitted with supportin approved certificate. Please check YES, NO, or N/A (not appIicabi Property Owner t(Tenant .11,cyllS- Of documentation for any changes made since the last ) for each category below: CATEGORY 1 Engineered Site Plan Yes loo N/A a, Property line changes? b. Structural changes: regrading, paved parking, landeapinc ? / c. Surface Drainage treatment system changes? Septic System _...__. __ ___..__.. _ _. . a. Upgrades/repairs or system pumped? b. Potable well tested? 3. Change of Use? Specify: 4. Agricultural Use a. Increase in # or type of animals? b. Active Fertilizer and Pest Management Plan? Active Waste Mana ement PIan7 Equipment Storage Plan changes? , Fuel/Chemicals/Hazardous Materials Change in existing spill containment or iemediation proc �.. . .. .... .. .. b Chan e in existin disposal methods?- c. Any hazardous material spills onsite since lastcertificate`? d. Any new type of wastewater generated due to change of use`? 7, Floor Drains Pre -Existing # 7 New # 0 WQRC CERTIFICATE APPLICATION FINAL 4:ik1,22 N:\OiherComaiiII Miler (nudity Re y mititioe\\4'(RC 4ri22,wqttt. RENEW \V \E , ,Ajiirlk'arl�ai 1.04, 1dtx; - 1 - APPLICANT SELF -CERTIFICATION CHECK LIST Please read and check each staternent to indicate acknowledgement of the requirements of your Certificate of Water Quality Compliance Permit, and to certify that your existing operation is compliant with the Brewster WQPD Zoning Bylaw 179-53: I certify that use of the property remains consistent with the conditions of the Certificate of Water Quality Compliance Permit, and any changes have been submitted for review and approval by the Town of Brewster Building Department/Planning Board/Water Quality Review Committee. I certify that the existing septic system(s) servicing the property has been maintained and is in proper operating condition, Any repairs, expansions, pumpings, inspections, or sewage failures have been reported to the Town of Brewster Health Department/Board of Health. :k/ I certify that any onsite hazardous materials release, since the lass certificate renewal, was properly reported to the Town of Brewster Fire Department and was rernediated or is currently under a remediation action plan, Any j additional reporting required by state or local regulations has been completed, I certify that there are no outstanding violation orders or rri mitted activities occurring on the property in violation of the Brewster WQPD Zoning Bylaw 179-53, I understand that any future change of use, septic violation, or occurrence of toxic or hazardous materials spill must be reported immediately to the Town of Brewster Building Department/Planning Board/Water Quality Review Committee, Health, and Fire Departments, APPLICANT SIGNATURE: _ DATE: PRINT NAME/POSITION: S �A v�- L1417A4 Cr. �`[ 5 �%Cloi WQRC CERTIFICATE APPLICATION FINAL 4.04.22 N,\(Aher Commit s\Wnt ' Cj,tllty Reviinv Connnittee\WQRC 2022Awgic RF.('IL\VAL Application FINAL 4.04.22 dm: 2 7981 Dream Day on Cape Cod 165 Nan-Ke-Rafe Path Brewster, MA 02631 PAY TO THE Town of Brewster ORDER OF Fifty and 00/100********************************************************************************************* DOLLARS BANKNORTH, NATIONAL ASSOCIATION 53-7054/2113 12/20/2022 1 $ **50.00 Town of Brewster Certificate of Water Quality Compliance 000798 Log 1:2LL3?054Si: 06033?920Lu® 1 Amy von Hone From:Steve Modrak <facilities@dreamdayoncapecod.org> Sent:Tuesday, May 2, 2023 9:51 AM To:Amy von Hone Subject:Re: FW: WQRC Certificate - Dream Day Cape Cod Hi Amy to ensure compliance, we will halt further fertilizer application. We do not have any reserve fertilizer in storage. Thank you for bringing this to our attention. If there is any follow up process or questions, please let us know. sincerely Steve On Mon, May 1, 2023 at 5:23 PM Amy von Hone <avonhone@brewster-ma.gov> wrote: Hi Steve- I apologize for the delay in our response. Prior to final approval of the 3 Year WQRC Certificate, the Committee is requesting clarification on the fertilizer being used and its compliance with our local Fertilizer Nutrient Control Bylaw (attached). It appears that the type of fertilizer being used contains a larger amount of nitrogen allowed by our bylaw. Another option for you would be to have the soil tested to confirm the existing deficiency in the soils that would warrant the need for the higher density fertilizer. The Cape Cod Cooperative Extension has a soil testing program that would be available to you. The WQRC is also open to recognizing you may have a limited supply of existing fertilizer that you plan to use up this season and will buy compliant fertilizer products for future use. Please advise of your plans moving forward and either Davis Walters, Building Commissioner X1226, or I would be happy to speak with you in person. Thank you for your patience. Amy Amy L. von Hone, R.S., C.H.O. Brewster Health Director (O) 508.896.3701 X1120 Town of Brewster, MA Monday, May 1, 2023 Chapter 119. Fertilizer Nutrient Control [HISTORY: Adopted by the 11-17-2014 Fall Yearly Town Meeting, Art. 11. Amendments noted where applicable.] GENERAL REFERENCES Flooding — See Ch. 100. Water — See Ch. 112. Illicit connections and discharges — See Ch. 115. Pollution — See Ch. 135. Water betterment — See Ch. 171. Wetlands protection — See Ch. 172. § 119-1. Findings. The Town of Brewster herein makes the following findings: A. There is sufficient scientific evidence demonstrating that excessive nutrient enrichment of the region's water resources can have numerous, significant negative impacts. B. Public health risks from excessive loading of nutrients to water resources may include direct detrimental effects on drinking water sources by increased concentrations of nitrates that can violate safe drinking water standards. C. Degradation of the quality of water resources can have significant negative impacts to the local and regional economy, and the fiscal well-being of the Town. D. The Town has significant amounts of glacially deposited coarse, sandy soils that are subject to rapid water infiltration, percolation, and leaching of nutrients. E. The Town's soil characteristics mean that agronomic practices of soil fertilization common in other parts of the region, state and country may not always apply in the Town, as these practices vary by soil type. F. Scientific literature demonstrates that a significant potential source of nutrient loading to water resources is from inappropriate and/or improper use of turf fertilizer. § 119-2. Purposes. It is the overarching goal of the Town of Brewster to provide a regulatory framework that results in the planting and maintenance of minimally managed turf areas. Consistent with this goal, and based on the findings provided in § 119-1, the Town provides this bylaw to achieve the following purposes. A. To ensure application of fertilizer shall be performed in a manner consistent with best management practices (BMPs), which from time to time may undergo changes in response to scientific research. B. To provide a legal mechanism for enforcement against the inappropriate and/or improper use of fertilizer. C. To incorporate, by reference, the University of Massachusetts Extension's Turf Management BMPs as the primary standard for the content and application practices related to turf fertilizer. D. To provide a regulatory tool that will help Brewster to achieve compliance with the total daily maximum loads (TMDL) for the Town's water resources prescribed by the Commonwealth of Massachusetts. E. To provide standards that will allow reasonable use of fertilizers for the enhancement and maintenance of turf quality. F. To conserve valuable waterways and other resources that increase property values, protect the unique environment vital to our economy, and reduce the financial burden on taxpayers and property owners by regulating the outdoor application of nitrogen on turf. G. To help achieve the goals of the Brewster Water Protection DCPC, the Cape -Wide Fertilizer Management DCPC, and the Local Comprehensive Plan. § 119-3. Authority. This bylaw is adopted by the Town of Brewster as implementing regulations pursuant to and as authorized by the Fertilizer Management District of Critical Planning Concern designation, Barnstable County Ordinance 13-07, and by Section 9 of Chapter 262 of the Acts of 2012. § 119-4. Applicability. A. This bylaw shall apply to and regulate any and all applications of nitrogen through fertilizer on managed turf areas within the Town of Brewster with the exception of public and private golf courses. B. Applications of fertilizer for agriculture and horticulture uses are exempt from the provision of this bylaw as they are regulated by the MDAR fertilizer regulations. C. Applications of fertilizer to vegetated areas that do not include managed turf areas are not subject to the provisions of this bylaw as they are regulated by the MDAR fertilizer regulations. § 119-5. Definitions. For the purposes of this chapter, the following terms are defined as provided below: AGRICULTURE/AGRICULTURAL USE Includes farming in all its branches, generally as the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, floricultural, viticultural or horticultural commodities, and shellfishing, including preparations and delivery to storage or to market or to carriers for transportation to market. BEST MANAGEMENT PRACTICES (BMP) A sequence of activities designed to limit a nonpoint pollution source. For the purposes of this bylaw, BMP means the "Best Management Practices for Soil and Nutrient Management in Turf Systems," prepared by University of Massachusetts Extension, Center for Agriculture, Turf Program. The version of this document that applies to this bylaw shall be that which was most recent at the time of the adoption of this bylaw or any subsequent versions that are adopted as an amendment to this bylaw through a majority vote at Town Meeting. COMBINATION PRODUCTS Sometimes known as "weed and feed," any product that, in combination with fertilizer, contains pre - or post -emergence herbicides, insecticides other pesticides or plant growth regulators. COMPOST or ORGANIC COMPOST The biologically stable, humus -like material derived from composting or the aerobic, thermophilic decomposition of organic matter. ENFORCEMENT AUTHORITY The party designated by the Select Board to oversee and enforce the provisions of this bylaw. [Amended 11-13-2017 FYTM, Art. 13] FERTILIZER A substance that enriches the soil with elements essential for plant growth, such as nitrogen, phosphorus, potassium or other substances; fertilizer does not include those nutrients that are normally excluded from fertilizer such as chemicals that are part of horticultural gypsum, dolomite, limestone, lime, Jersey greensand, grass clippings, or compost topdressing. FERTILIZER APPLICATOR Any person who applies fertilizer to turf and soils. HEAVY RAIN A rainfall greater than 0.25 inch per hour during a given twenty -four-hour period or a rainfall of greater than one inch total in the next twenty -four-hour period. IMPERVIOUS SURFACE Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes concrete, asphalt, paver blocks, gravel, decks, patios, elevated structures, and other similar structures, surfaces, or improvements. LANDSCAPE PROFESSIONAL A person, either as a sole proprietor or as part of a company, who, in exchange for money, goods, services, or other consideration, performs landscaping services. A landscape professional can include turf management staff at a private golf course operation or other private entity. MANAGED TURF AREA An area of turf that is periodically maintained through mowing, fertilizing, aerating, irrigation or other similar activities designed to maintain or enhance the health, functionality and/or aesthetic appeal of the turf. MDAR FERTILIZER REGULATIONS The most recent regulations of the "Plant Nutrient Application Requirements for Agricultural Land and Land Not Used for Agricultural Purposes," developed by the Massachusetts Department of Agricultural Resources (MDAR) pursuant to its authority under MGL c. 128, §§ 2(k) and 65(A), as amended by Chapter 262 of the Acts of 2012, 330 CMR 31.00. MUNICIPAL APPLICATOR A public employee of a town, the county, or the state or federal government (or an employee of a department of and within such public entity) who fertilizes and manages turf located on property owned or controlled by a town, the county, the state or federal government (including publicly owned golf courses and athletic fields) within the scope of their official public employment responsibilities. NITROGEN An element essential to plant growth. For the purposes of the bylaw, nitrogen may be available as slow -release, controlled -release, timed -release, slowly available, or water -insoluble nitrogen, which means nitrogen in a form that delays its availability for plant uptake and use after application and is not rapidly available to turf and other plants; and/or quick -release, water-soluble nitrogen which means nitrogen in a form that does not delay its availability for turf and other plant uptake and is rapidly available for turf and other plant uptake and use after application. NUTRIENT Any of the following 17 elements needed for growth of a plant: the three non -mineral elements: carbon, hydrogen, and oxygen; the six macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium, and sulfur; and the eight micronutrients: boron, copper, iron, chloride, manganese, molybdenum, nickel and zinc. SATURATED GROUND Soil soaked with moisture so that it cannot absorb any more liquid. TURF Any non -crop land area that is covered by any grass species, excluding meadows, grasslands, flower or vegetable gardens, pasture, hay land, trees, shrubs, turf grown on turf farms or any form of agricultural production or use. § 119-6. Performance standards for fertilizer application. All application of fertilizer to turf shall comply with the following standards: A. The application of fertilizer containing nitrogen is prohibited between November 15 and April 15 unless specifically permitted by the enforcement authority as set out below. Based on early spring or fall weather conditions, soil temperature and degree of turf emergence from dormancy, or other relevant condition, and using the guidelines of the BMP, the enforcement authority may permit earlier or later application of fertilizer containing nitrogen, in which case such extended period shall be announced by notice or publication. A working group may be established by the Select Board to assist in undertaking the duties referenced in this subsection. [Amended 11-13-2017 FYTM, Art. 13] B. Nitrogen from any fertilizer application shall not be to applied to, or otherwise be deposited on, any impervious surface, including parking lot, driveway, roadway, sidewalk, frozen soil or ice. Any fertilizer applied, spilled, and/or deposited on any impervious surface, either intentionally or accidentally, must be immediately and completely removed and contained and either legally applied to turf or any other legal site or returned to an appropriate container. C. Fertilizer shall not be applied within 24 hours before or during a heavy rain event nor shall fertilizer be applied onto saturated ground. D. An application of fertilizer should be watered in with no more than 0.25 inch of irrigation or natural rain within the twenty -four-hour period following application. Where irrigation systems are used, the volume and rate of irrigation water applied shall be performed in a manner that reduces runoff to the greatest extent practicable. Where an irrigation system uses sprinkler heads or other similar spray devices, these devices shall direct irrigation water in a manner that reduces runoff to the greatest extent practicable. E. Unless the Town's existing laws and regulations, including its Wetland Bylaw or Regulations,11 contain a stricter standard or other enforcement or approval mechanism such as through the Town's Conservation Commission, which shall control, fertilizer shall not be applied closer than 100 feet to any water body, or within the Zone I of a public drinking water well (as defined in 310 CMR 22.02), unless permission is obtained through the enforcement authority set out in § 119-6A herein allowing such activity. [1] Editor's Note: See Ch. /72, Wetlands Protection. F. Fertilizer that contains phosphorus shall not be used unless a soil test taken not more than three years before the proposed fertilizer application indicates that additional phosphorus is needed for growth of that turf, or unless establishing new turf or re-establishing or repairing turf after substantial damage or land disturbance, in which case the application shall be in compliance with the BMP. G. A single application of fertilizer that contains nitrogen shall not exceed 1.0 pound of actual nitrogen per 1,000 square feet, shall consist of at least 20% slow -release nitrogen fertilizer and the annual rate shall not exceed 2.0 pounds of actual nitrogen per 1,000 square feet. Single applications shall be done at intervals of no less than four weeks until the annual maximum is reached. H. The fertilizer application requirements of this subsection shall apply with the same limitations to combination products as defined by this bylaw. § 119-7. Noncriminal disposition; violations and penalties. Whoever violates any provision of this regulation may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D, and the Town's noncriminal disposition bylaw. If noncriminal disposition is elected, then any person who violates any provision of this regulation shall be subject to a penalty in the amount of $300 per day for each day of violation, commencing 10 days following day of receipt of written notice from the enforcement authority. A warning in lieu of a fine or other enforcement action for the first offense can be issued at the discretion of the enforcement authority. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. § 119-8. Other remedies. The enforcement authority may enforce this bylaw or enjoin violations thereof through any lawful process, and the election of one remedy by the enforcement authority shall not preclude enforcement through any other lawful means. § 119-9. Education. A. The Town may rely on Cape Code Cooperative Extension to assist in maintaining a program of fertilizer and turf management education that is based on BMPs. B. The Town may rely on Cape Cod Cooperative Extension to assist with or administer an assessment to determine an applicator's proficiency of BMPs. C. Fertilizer education may consist of, but is not limited to, collaboration with retailers to post in-store information on Town fertilizer regulations, the BMP requirements; mailings and flyers for the general public concerning Town fertilizer regulations, the BMP requirements; and outreach to landscape professionals and municipal applicators concerning fertilizer -related laws and the BMP requirements. § 119-10. Severability. Should any section, part or provision of this bylaw be deemed invalid or unconstitutional, such decision shall not affect the validity of the remaining terms of this bylaw as a whole or any part thereof, other than the section, part or provision held invalid or unconstitutional. TOWN OF BREWSTER WATER QUALITY REVIEW COMMITTEE 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 APPLICATION FEE New: $100.00 Renewal: $50.00 APPLICATION CERTIFICATE OF WATER QUALITY COMPLIANCE Brewster WQPD Zoning Bylaw 179.53 re sl,z3 312 rr�� (Please Print) PROPERTY LOCATION 46 rea" becl L2 ,ZceoS`ter, � , 02631 MAP PARCEL PROPERTY OWNER CassCon cS (got 4 -.1 (IS PHONE II-14,6-5166 MAILING ADDRESS (if different) II . µ e.. Street UX'I� c rVli } 02 332 BUSINESS NAME CCM? It -04 PHONE 6 }jam, -516-6 APPLICANT/MANAGER M1CkQ2 I C ku'1C E-MAIL ADDRESS a\`dAat� 0Crassrcaciscv. arc ❑ Property Owner ❑ Tenant BUSINESS APPLICANT: EXPIRATION DATE OF LAST CERTIFICATE 2023 A COMPLETED APPLICATION must be submitted with supporting documentation for any changes made since the last approved certificate. Please check YES, NO, or N/A (not applicable) for each category below: CATEGORY Yes No N/A 1. Engineered Site Plan a. Pro ert line chap es? =- b. Structural chan_ges: regrading, paved parking, landscaping? c. Surface Drainage treatment system changes? Lf 2. Septic System a. U rades/re airs or s stem um ed? b. Potable well tested? 3. Change of Use? Specify: N t{4 4. Agricultural Use a. Increase in # or type of animals? ec . 4....." b. Active Fertilizer and Pest Management Plan? c. Active Waste Management Plan? 5. Equipment Storage Plan changes? \/ 6. Fuel/Chemicals/Hazardous Materials a. Change in existing spill containment or remediation processes? I./ b. Change in existing disposal methods? ,/ c. Any hazardous material spills onsite since last certificate? d. Any new type of wastewater enerated due to change of use? 7. Floor Drains Pre -Existing # K New # WQRC CERTIFICATE APPLICATION FINAL 4.04.22 N:\Other Committees\Water Quality Review Committee\WQRC 2022\wqrc RENEWAL Application FINAL 4.04.22.doc -1- APPLICANT SELF -CERTIFICATION CHECK LIST Please read and check each statement to indicate acknowledgement of the requirements of your Certificate of Water Quality Compliance Permit, and to certify that your existing operation is compliant with the Brewster WQPD Zoning Bylaw 179-53: I certify that use of the property remains consistent with the conditions of the Certificate of Water Quality Compliance Permit, and any changes have been submitted for review and approval by the Town of Brewster Building Department/Planning Board/Water Quality Review Committee. I certify that the existing septic system(s) servicing the property has been maintained and is in proper operating condition. Any repairs, expansions, pumpings, inspections, or sewage failures have been reported to the Town of Brewster Health Department/Board of Health. I certify that any onsite hazardous materials release, since the last certificate renewal, was properly reported to the Town of Brewster Fire Department and was remediated or is currently under a remediation action plan. Any additional reporting required by state or local regulations has been completed. I certify that there are no outstanding violation orders or unpermitted activities occurring on the property in violation of the Brewster WQPD Zoning Bylaw 179-53. I understand that any future change of use, septic violation, or occurrence of toxic or hazardous materials spill must be reported immediately to the Town of Brewster Building Department/Planning Board/Water Quality Review Committee, Health, and Fire Departments. APPLICANT SIGNATURE: PRINT NAME/POSITION: Kc-Lcie\ ClCbACil DATE: Z/' 3 12--o23 aim? Ntil(ector- WQRC CERTIFICATE APPLICATION FINAL 4.04.22 N:\Other Committees\Water Quality Review Committee\WQRC 2022\wgrc RENEWAL Application FINAL 4.04.22.doc -2- crossroads PAY TO THE ORDER OF CROSSROADS 119 MYRTLE ST. DUXBURY, MA 02332-2903 (617) 765-7556 FAX 1-(781) 834-2701 CHECK DATE CHECK NO. EASTERN BANK 53-179/113 63003 **Fifty and 00/100 Dollars** Town of Brewster Health Department 2198 Main Street Brewster, MA 02631-1898 03/21/2023 63003 CHECK AMOUNT $ ** 50.00 M' AUTHORIZED SIGNDyTURE 006300 3?i' 1:0 L L30 L 7981: 06 00 5 2 5 6 6 L?i' I! 0 c L=' 7 208 S. Great Road · Lincoln, MA 01773 · 781-259-9500 · fax 781-259-8899 · massaudubon.org April 5, 2022 Peter Lombardi, Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631 Dear Peter, Mass Audubon is offering the attached Ecosystem Services Assessment and Educational Program Plan as informational resources for the Town of Brewster’s master planning process. Both documents are intended to help the committees make informed decisions regarding the future use of the Long Pond parcel. In regards to the Ecosystem Services Assessment, this is a standard natural resource inventory that Mass Audubon undertakes. Our organization and the Brewster Conservation Trust hope that it can serve as an objective accounting of the various benefits that the natural features of this property might provide, or continue to provide, to the community. The assessment includes discussions on drinking water supply, sensitive habitat, and basic facts on the ecology of the land. To be clear, the report is merely intended to serve as an educational resource for the master planning committee. Hopefully the report will help the committee make decisions on how to best accommodate multiple uses of the land, such as affordable housing or public recreational use, in a way that minimizes negative impacts on its natural qualities. The aim of the Educational Program Plan is to provide a snapshot of what types of programming could be offered on the Sea Camps properties by Mass Audubon for the benefit of the community. While not comprehensive, we hope it will also serve as a reference document for potential activities on the property that may operate in harmony with other uses and activities of the land. We hope the attached add to a robust and thoughtful visioning process by the Town of Brewster. Sincerely, Bob Wilber Director of Land Conservation Mass Audubon 4 May 2022 Long Pond Water Resources Sole Source Consulting Page 1 Thomas C. Cambareri Hydrogeologist -Water Resource Management Certified Ground Water Professional Licensed Site (Cleanup) Professional Sole Source Consulting LLC 62 Joan Road Centerville, MA 02632 508-364-2644 tomcambareri@gmail.com April 25, 2022 Hydrogeological Analysis, 66 acres, Town of Brewster property, Long Pond (formerly, CC Sea Camps) I have been asked by the Brewster Conservation Trust (BCT) to provide an analysis of the current hydrogeological status and significance of the above-referenced property. I understand the purpose is to inform the Town’s Long Pond Advisory Committee with this data as it evaluates potential uses of the property. No development proposal has been offered for evaluation; the site conditions as they are today is the focus of this report. No new research has been conducted; this is a review of existing scientific literature. The Town of Brewster acquired this property, stretching from State Route 137 to frontage on Long Pond, in November 2021 for “habitat protection, watershed protection, open space, conservation and passive recreation, active recreation, community housing and/or general municipal purposes.” (Deed Book 34698 Page 91). Forest Cover, Surficial Geology, Soils, and Hydrogeology The property is mostly upland forest with a mix of pitch pine, white and black oak, with scattered red maples and American beech, with an understory (shrub layer) of black huckleberry, highbush blueberry, viburnum and other native Cape Cod woodland species that thrive on the sandy, low-nutrient, acidic soils. Most o f the property is flat to slightly rolling until it drops steeply to Long Pond. There are two isolated freshwater wetlands at the pond shore, both grown up from prior cranberry bog activity into highbush blueberry swamp with red maples and black tupelo trees. A borrow pit, used to mine sand for the active bogs, is located adjacent to the swamps. Long Pond Water Resources Sole Source Consulting Page 2 The retreating Wisconsin Glacier deposited the coarse sands and gravel associated with the Harwich Outwash Plain 10,000 – 12,000 years Before Present (Figure 1). The outwash plain slopes broadly from north to south across Brewster and Harwich. The land surface elevation of the parcel ranges from a high plateau of 100 feet beginning at Long Pond Road to 30 feet from at the shore of Long Pond. The outwash plains of Cape Cod are pockmarked by numerous kettleholes and channels that are now freshwater ponds or streams when they intersect the water table. The western portion of the parcel is dissected1 by a north to south glacial outwash channel, which is now used as a dirt road access leading to homes on the Pond (W.H. Besse Cartway). Coarse Deposits Swamp and Marsh Deposits Cranberry Deposits Carver coarse sand, a name assigned by the US Natural Resources Conservation Service, dominants the upland area; this is the most common soil type found on Cape Cod. Minor areas of Swamp and Marsh and Cranberry Bog are shown in the two shades of purple on the map. The Service defines the Carver series as being “very deep, excessively drained sandy soils... saturated hydraulic conductivity is very high.” 1 A dissected plateau is a plateau area that has been severely eroded such that the relief is sharp. Figure 1 Surficial Geologic Quadrangle Long Pond Water Resources Sole Source Consulting Page 3 The property is located on the Monomoy Lens of the Cape Cod Aquifer, which was designated a Sole Source Aquifer in 1982 (Figure 2). Groundwater lenses can be thought of as a gentle mound of freshwater floating atop the underlying saltwater basin of the aquifer. This groundwater mound or “lens” (like the shape of a contact lens) is thickest in the middle of the Cape and gets thinner and thinner as it approaches the coasts. There are six separate groundwater lenses under Cape Cod. The size and elevation of the groundwater lenses is proportional to the land mass, so the Monomoy Lens, beneath the Lower Cape, is the second largest and highest next to the Sagamore Lens beneath the Upper and Mid-Cape. The Monomoy Lens at its highest elevation is about 34 feet above mean sea level and has a maximum saturated thickness of only 350 feet. The groundwater lens supports all life on Cape Cod and is extremely thin and vulnerable. Walter, D.A., McCobb, T.D., Masterson, J.P., and Fienen, M.J., 2016, Potential effects of sea-level rise on the depth to saturated sediments of the Sagamore and Monomoy flow lenses on Cape Cod, Massachusetts: U.S. Geological Survey Scientific Investigations Report 2016–5058, 55 p., http://dx.doi.org/10.3133/sir20165058. The elevation of the water table ranges from approximately 34 feet above mean sea level near Long Pond Road on the east to 31 feet, the surface water elevation of Long Pond (Figure 3). The depth to groundwater ranges from approximately 67 feet near Long Pond Road to zero at the Pond interface. The groundwater flow is generally to the southwest towards Long Pond. The high transmissivity of the glacial sands results in a fairly fast groundwater flow velocity of one foot per day. The time of travel for water flowing from the eastern border of the locus parcel to Long Pond is approximately nine years. Figure 2 Cape Cod Aquifer Watertable Map Figure 3 Water Table Map of the Parcel Area Long Pond Water Resources Sole Source Consulting Page 4 The rapid drainage due to the high permeability of the glacial sands ensure that the groundwater will be quickly replenished by rainfall and snowmelt. The water table and pond elevations can fluctuate as much as 6.5 feet through the year in response to climatic variations. It also means, however, that any surface or subsurface contaminants released to the ground will quickly drain through the coarse soil too, resulting in impacts to the water quality of the aquifer and its downgradient water resources. Examples of highly transmissible pollutants in glacial sands include nitrogen, volatile organic compounds, and emerging compounds of concern like, Poly and PerFluoroAlkyl Substances (PFAS). Many of these compounds derive from the release of wastewater, stormwater and managed turf associated with residential and commercial development. Long Pond With 715 acres of surface water, Long Pond is the largest lake on Cape Cod. It is considered a Coastal Plain Pond, which are shallow, highly acidic, low nutrient groundwater ponds in sandy glacial outwash, typically with no outlet or inlets. They are characterized as having distinct herbaceous pond shore communities, with rare plants such as Plymouth gentian, inhabiting the narrow beach margin. Long Pond has a mean depth of 29 feet and a maximum depth of 70 feet; it holds more than 20,000 acre-feet of water. Groundwater interactions for most kettlehole ponds on Cape Cod consist of groundwater flow into one side of the pond and groundwater discharge back into the aquifer on the downgradient side. But with its central location straddling Brewster and Harwich, Long Pond is unique in having recharge from almost all sides (Figure 4). The reason for this characteristic lies in the pond being situated between higher lands that contain several groundwater highs that collectively define the top of the Monomoy Lens. At 31 feet, the surface of Long Pond is higher above sea level than any other pond east of Bass River. Long Pond drains into the Herring River system through small surface flow outlets and groundwater to the southwest (Figure 4). The total flow of water through Long Pond is estimated at 5,700 acre-feet per year, suggesting a total volume turnover of three to four years.2 2 Management Study of Long Pond, ENSER Intn’l, 2001 Figure 4 Long Pond Recharge Area showing Groundwater Flow and Discharge into the Herring River System (Hinckley’s Pond) Long Pond Water Resources Sole Source Consulting Page 5 According to watershed delineations based on groundwater flow models provided by the US Geological Survey (USGS), all of the 66-acre property (our study area) is within the recharge area (upgradient) Long Pond. Absent any artificial influences (such as the Town’s pumping wells to the east, discussed later), every drop of water that falls on the 66 acres that drains into the aquifer below will end up in Long Pond (Figure 4). The release of contaminants from land use within the recharge area is a primary factor affecting the quality of water in the Pond (owing to the sandy, well-drained glacial soils). Surface runoff of storm water and or pond surface pollutants (waterfowl, boats) are secondary considerations. With almost all of the Long Pond shoreline developed residentially and most of the recharge area similarly built out, the 66-acre property is the largest undeveloped parcel in the pond’s watershed and, in conjunction with the adjoining 41-acre Robinson parcel purchased by the Town in 2018, can contribute significantly to the pond’s water quality, particularly in the northeast cove on which they are situated. Pond Water Quality Concerns Despite its size and depth, Long Pond has been unfortunately highlighted for a long time (since 2004) as an “impaired” water body by the US Environmental Protection Agency.3 It is one of twenty Cape ponds that have a combination of low dissolved oxygen, excessive nutrients, organic enrichment, a presence of metals, noxious aquatic species and high turbidity. An application of alum in the pond in 2007 to bind the phosphorus causing algal blooms has not produced a marked measure of success. Low oxygen levels in the water column continue to be a problem. Additional development in the Long Pond recharge area could exacerbate these issues in one of the most widely-used recreational ponds on Cape Cod. Town Water Supply As noted above, the entire Long Pond property is within the natural recharge area of Long Pond, absent any other influence. But there is a big influence: the pumping of the Town’s #1 and #2 Wells off Route 137. All things being equal, drinking water supply wells are best located where the aquifer is thickest to have a greater quantity of water to draw from. Pumping induces groundwater to flow to a well by drawing down the water table. Pumping of the Town’s wells are shown through the Zone II analysis to distort the natural aquifer flow to the pond to the wells. More than half (38 of 66 acres) of the Long Pond property is included in the Zone II 4 to the Town’s main wellfield (Figure 5). About half of the Town water supply comes from this wellfield, active since the first two wells were installed in the 1970s. During the summer season, when the population of Brewster surges and irrigation increases demand for 3 https://www.epa.gov/tmdl/overview-listing-impaired-waters-under-cwa-section-303d. 3“A Zone II is the area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (i.e., 180 days of pumping at approved yield with no recharge from precipitation). Any contamination of groundwater in a Zone II could impact drinking water quality at the public well drawing water from that area. Land acquisition in the Zone II areas to public drinking water wells is a pro-active approach to protecting drinking water quality. [emphasis added]” p. 43, Brewster Open Space and Recreation Plan, April 2021 draft.” Long Pond Water Resources Sole Source Consulting Page 6 water, this entire Zone II area of South Brewster contributes groundwater to the drinking water supply of the town. Future Water Supply Because the 66-acre parcel was acquired for unspecified uses by the Town, it might be considered as a possible source of future drinking water supply –a site for a new town well or two. The Massachusetts DEP-Water Supply Program requires that the water supplier (in this case, the Brewster Water Department) own or control a minimum of 400 feet in all directions from the well head. As seen in Figure 6, the width of the Long Pond parcel, even by itself is greater than 800 feet, providing multiple options for siting new wells. Because the Town owns the adjoining 41-acre ex-Robinson parcel for conservation, some of the 800-foot diameter protection circles could intrude onto that parcel, though any well would need to be sited on the 66 acres. Figure 5 Zone II to the Freeman Way Public Supply Wells Long Pond Water Resources Sole Source Consulting Page 7 In 1999, the Cape Cod Commission, with technical support from the USGS, identified only five percent (5%) of the Cape’s land mass that could support new public supply wells, based on size, aquifer characteristics and land use. There were 35 tracts or assemblages of undeveloped parcels in Brewster that qualified as suitable for accommodating new wells, based on this analysis, including the 100+ acre tract at Long Pond.5 The Cape Cod Commission’s Regional Policy Plan recognizes this parcel as a potential Future Water Supply Site that has more stringent protection standards than a Wellhead Protection Area. The Brewster Water Department would need to conduct exploratory well drilling and test the quantity, flow and chemistry of the groundwater in this tract to determine actual usefulness for a new water supply here. One advantage for water supply development is the thickness of the ground water lens here. With the scarcity of natural tracts large enough to accommodate new wellfields, this option should not be ignored. The rate of residential and commercial development since the plan was prepared in 1999 has removed many of the other tracts from potential consideration. Protection of Water Quality Brewster Town Meeting voters have made a concerted effort over many years to focus its land purchases in these Zone II areas to protect the natural filter offered by the forest cover on protected land-- the cheapest, most efficient way to prevent aquifer degradation. This preventive strategy is in stark contrast to other Towns that have had to provide a multi-million- dollar treatment process and/or sewers after finding contamination from inappropriate land use activities. The Brewster Water Department has received regional awards for its excellent quality drinking water. In 2008 the Town nominated its Zone II areas (about 4000+ acres) as a District of Critical Planning Concern (DCPC), which was approved by the voters and codified with the Cape Cod Commission and Barnstable County. Development within the DCPC is supposed to hew to 5 Cape Cod Commission, Priority Land Aquifer Assessment Program, Water Supply Development Potential of Priority Property Tracts Based on Existing Conditions -- Town of Brewster, June 1999 800+ � diameters Figure 6 Potential Water Supply Well Suitability Siting Long Pond Water Resources Sole Source Consulting Page 8 zoning overlay regulations 6 to reduce density, while providing flexible subdivision layout patterns. The purpose of the District is to “protect water resources and preserve the open space of Brewster.” The DCPC adoption signaled another step Brewster has taken to ensure top quality of its drinking water supply, in addition to aggressive land purchases in Zone II. The 38 acres of the Long Pond property that are within the DCPC/Zone II should be considered important to aquifer protection to the Town’s main wellfield. All of Brewster is currently unsewered, so every development employs subsurface disposal systems for its untreated sewage and wastewater. As noted above, the highly transmissible soil associated with the glacial coarse sands and gravel of this site provides the potential for contaminants from development like nitrogen, phosphorous, metals, volatile organic compounds, and emerging compounds of concern to reach the Town wells off Route 137. Summary My review of the 66-acre parcel indicates that it is a pivotal piece in the water quality protection strategy of the Town. Consideration of potential future uses of the property should prioritize the environmental benefits derived from keeping the land in its natural wooded state. All of the parcel is important for water quality protection, either for recharging the waters in Long Pond or in the Town’s main wellfield. A future potential wellfield on the property is not out of the realm of possibility if the land remains undeveloped. Thomas C. Cambareri is a Water Resources Specialist and Hydrogeologist. He has 40 years of experience in Cape Cod water resources issues and is engaged in providing expert reviews and opinions, data collection in field, groundwater modeling and water quality analysis for several clients. He managed the Water Resources Office of the Cape Cod Commission for 30 years and provided guidance to the 15 towns on Cape Cod on water resource planning and regulatory protection. He and his staff reviewed all Development of Regional Impact projects on the Cape for their water quality considerations. Mr. Cambareri has also served on the Massachusetts Water Resources Commission since 2007, appointed by Governor Romney to guide water resource planning in the state. He has an M.S. in Geology with a focus on hydrogeology from UMass-Amherst (1986). He is a Certified Ground Water Professional (#360) and a Mass. Licensed Site Cleanup Professional (# 3778). 6 Article XIII Natural Resource Protection Design, Brewster Zoning Bylaws, https://ecode360.com/14371915 ECOSYSTEM SERVICES ASSESSMENT CAPE COD SEA CAMPS LONG POND PARCEL In Brewster, Massachusetts Prepared by Massachusetts Audubon for Town of Brewster December 2021 1 SUMMARY AND PURPOSE Mass Audubon with support from the Brewster Conservation Trust has prepared this ecosystem services assessment for the 66-acre Long Pond parcel of the former Cape Cod Sea Camps holding in Brewster Massachusetts. This is a standard inventory that Mass Audubon undertakes. It is intended to serve as an objective accounting of the various benefits that the natural features of this property might provide, or continue to provide, to the community. The assessment includes discussions on drinking water supply, sensitive habitat, and basic facts on the ecology of the land. To be clear, the report is merely intended to serve as an educational resource for the master planning committee. It is not intended to serve as a document in opposition to any other use of the property. The report is intended to help the committee make decisions on how to best accommodate multiple uses of the land, such as affordable housing or public recreational use, in a way that minimizes the impact on its natural qualities. This property contains significant ecological value and is the adjacent 42.25-acre Long Pond Woodlands already protected by the Town of Brewster. The combined acreage will be more than 122 acres (plus 19.4 acres of adjacent land with conservation restriction protection and the nearby 5-acre Brewster Conservation Trust land) with mixed forest and Coastal Plain Pond shore habitats. The land contains land important for Brewster’s public drinking water supply. 2 FIGURE 1 – CAPE COD SEA CAMPS: LONG POND - SOURCE MASSGIS LAND ACKNOWLEDGEMENT Land that is well managed sustains us in many ways. A few examples of what land provides when it is managed sustainably include: • The air we breathe • The water we drink • The food we eat • Sequestration of carbon • Climate moderation • Protection from flooding • Recreation that renews our spirits 3 • Habitats for a diversity of plants and animals The land at Long Pond is part of the ancestral territory of the Sauguatuckett and Nauset Nations. It helped sustain them for thousands of years before its occupation by Europeans. How we care for the land will determine how well it will sustain us and our descendants. ECOLOGICAL SIGNIFICANCE SUMMARY A primary focus of this report is to document the ecological values of this 66-acre parcel of land on Long Pond. The land abuts the 715-acre Long Pond which is the largest freshwater pond on Cape Cod. The parcel has roughly 1,020 feet of shoreline along Long Pond, a rare and significant habitat. The shoreline of this parcel is designated as Critical Natural Landscape and Core Habitat in BioMap2. This is part of a 2,403-acre Core Habitat featuring Wetland Core, Aquatic Core, and Species of Conservation Concern.1 While the shoreline on Long Pond is its most significant natural community, the parcel also features upland deciduous and pitch pine oak forest, and freshwater wetlands. It is also adjacent to Brewster’s Long Pond Woodlands (an area of about 42 acres protected in 2018) and is an expansion of that town- owned protected area resulting in a block of 120 acres of protected land. In addition to its ecological features, the eastern half of the land is within a Zone II wellhead protection area for the Town of Brewster’s drinking water supply. Protecting the Long Pond parcel in its natural state will help keep additional phosphorous, generally associated with development (i.e., septic systems and lawn fertilizers), from entering Long Pond and help prevent algal blooms and oxygen depletion. Keeping the area natural also helps protect Brewster’s drinking water supply; the forest and its vegetated floor allow filtered precipitation to replenish the aquifer. Its forest also plays a role in absorbing carbon and combating climate change as the trees take in carbon dioxide and produce oxygen. The more than 60 acres of forest included in the Long Pond parcel will add to the 41-acre Long Pond Woodlands and other adjacent land with conservation restrictions and will result in well over 120 acres of protected forest. See Figure 1. Forest habitats with larger width and breadth to them are more valuable for feeding, sheltering and nesting wildlife than smaller, fragmented tracts of similar acreage. HISTORY Native Americans lived in the area now known as Brewster for thousands of years. They had villages along the shore, rivers, and ponds where they fished and hunted game in the rich floodplains and uplands, and they cleared extensive areas for agriculture. They practiced land management, sometimes including using fire to promote more open forests with an herbaceous understory that provided good habitat for game like deer and rabbits. Their land stewardship helped to sustain them. 1 See description in Appendix A 4 It is unknown what the site was used for specifically following European settlement. Much of the Cape’s interior forests were cut over for lumber, firewood, and fencing by the mid-1800s and the resulting clearings used for sheep pasture. Historic aerial photographs suggest that the site has been re-forested since at least 1938. A small cranberry bog operated here, using Long Pond as a source of irrigation, presumably from the late 1800s to the 1960s (see Figure 2). The property was purchased by Camp Wono, Inc., a part of Cape Cod Sea Camps in 1967 and had been used for camp activities until the camp closed in 2020. FIGURE 2 - SURFICIAL GEOLOGY SHOWING HISTORIC CRANBERRY BOGS IN RED CIRCLE 5 PROPERTY DESCRIPTION The property consists of a single parcel of land totaling about 66 acres (See Figure 1). Its address is 500 W. H. Besse Cartway. ACCESS Access to the property is primarily from Long Pond Road (Route 137) or through the town-owned Long Pond Woodlands via W.H. Besse Cartway, an unimproved dirt road. A graded but unsurfaced, road bisects the site and provides access to the camp facilities at the pond and some neighboring homes. Near the camp facilities there is also a driveway and drop-off area used by the camp operation for buses to drop off campers when it was being used by Cape Cod Sea Camps. REGIONAL SETTING AND LOCATION The Long Pond site is in South Brewster near the intersection of Long Pond Road (Route 137) and Freemans Way. The site abuts the town-owned Long Pond Woodlands and is near other protected land owned by the Brewster Conservation Trust and lands with Conservation Restrictions (see Fig. 1). Brewster’s main wellfield and Nickerson State Park (indicated in Figure 4) are both less than 4,500 feet away. This locale is sometimes referred to as part of Brewster’s “Ring of Bright Waters,” encircling the town from Quivett Creek in the northwest, up through the Stony Brook Valley to the chain of mill ponds, around through Seymours Pond to Long Pond and up through the ponds of Nickerson State Park to Namskaket Creek in the northeast corner. In his classic book Cape Cod, Thoreau referred to these as the “noble ponds of Brewster.”. FIGURE 3 - ACCESS ROAD FIGURE 4 – SITE LOCATION - BREWSTER AND SURROUNDING TOWNS Nickerson State Park Site Location 6 ECOLOGICAL FEATURES The site includes a variety of significant ecological features, including physical features such as geology, topography, and soils, as well as natural habitats and wildlife. These are described in more detail below. SURFICIAL GEOLOGY Most of the surficial materials (geologic materials at or near Earth’s surface) in Southeastern Massachusetts are deposits of the last two continental ice sheets that covered all New England in the latter part of the Pleistocene ice age. The glacial deposits are divided into two broad categories, glacial till and moraine deposits, and glacial stratified deposits. The surface features of the area around the Long Pond parcel are comprised primarily of sand and gravel with some floodplain alluvium deposits near the pond shore. Coarse sands and gravel transmit nutrients, such as nitrogen and phosphorus often associated with residential development, as well as viruses, rapidly into the water table without filtration. SOILS AND TOPOGRAPHY Soils on the site are generally typical of the Cape’s interior and consist primarily of Carver coarse sands deposited by the glaciers. A small area (2.7 acres) of Freetown coarse sand is located near the pond and is now mostly covered in wetlands and a small area of mowed grass. There is some topographic variation on the site: the highest point near Long Pond Road to be about 100 feet above sea level and the lowest point at the pond shore to be about 39 feet. There are several small depressions and hills in the area in between these extremes, especially closer to the pond. REGIONAL SETTING Cape Cod is located within the Atlantic Coastal Pine Barrens Eco-region of the northeastern United States. The sandy coastal environment supports many different habitat types, or natural communities, which thrive on the nutrient-poor, acidic, and droughty soils. The pitch pine-tree oak forest found here supports plant and animal species not found elsewhere in Massachusetts. The Atlantic coastal pine barrens stretch from Kingston and Carver throughout Cape Cod and to Martha’s Vineyard and Nantucket. Three advances and retreats of the Wisconsin Ice Sheet formed the eco-region. The resulting terminal moraines, outwash plains, and coastal deposits characterize the area with their sandy beaches, grassy dunes, bays, marshes, and scrubby oak-pine forests. There are numerous kettle hole ponds, swamps, and bogs. Much of the surface water is highly acidic. FIGURE 5 - USGS MAP WITH PROPERTY HIGHLIGHTED 7 COASTAL PLAIN POND ECOSYSTEMS2 The property has 1,020+ feet of shoreline along Long Pond, a large kettle hole pond. In fact, the 715-acre Great Pond is the largest freshwater pond on Cape Cod. A portion of the Long Pond site has a history of use as a beach for the Cape Cod Sea Camps and about 300 feet of the shoreline has been disturbed with a cleared sandy beach and outbuildings (see Figure 7). Still the majority of the pond shore (the remaining 790 feet) are in a natural, largely undisturbed state and provides habitat for some of the typical coastal plain pond species. Long Pond is classified as a Coastal Plain Pond and its natural shoreline is a significant ecological feature. Coastal plain ponds are ecologically unique and a globally rare habitat that consist of certain kettle hole ponds and their pond shores that occur because of fluctuating water levels. The kettle hole ponds are bodies of freshwater found in lowland coastal areas of sand and gravels which were deposited as outwash when glaciers melted. These ponds are connected to groundwater, which is recharged only by the rain and snow that falls and soaks into the ground. Unlike other parts of the country where streams and rivers fill the ponds and lakes, it is precipitation that replenishes these waterbodies. When we experience less than normal precipitation, the groundwater lowers and so does the level of water in the ponds. It is this natural fluctuation of water levels that has created a special habitat niche for a remarkable and rare plant community associated with coastal plain ponds. Their naturally low nutrient levels, high acidity, and fluctuating water levels are important for these rare native shoreline vegetation communities that are adapted to these unique conditions and are a priority for conservation. The annual high-water level, usually observed in the spring and year ‘round in some wetter years, inundates the shore. This limits the common woody shrubs found around a pond to this elevation as they do not like to be in standing water on a regular basis. Typical shrubs include high bush blueberry, leatherleaf, and willow. Usually by late summer the water level in the pond drops and more of the shoreline is exposed and this is where the specialized plant community develops. Some of these plants produce seeds and others will remain rooted, only to become submerged beneath the pond’s water with the winter and spring precipitation. But they will patiently wait, dormant for a 2 Natural communities’ information from the Massachusetts Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP). https://www.mass.gov/service-details/terrestrial-palustrine-and-estuarine- community-types and from the State Wildlife Action Plan (SWAP) https://www.mass.gov/service-details/state- wildlife-action-plan- swap#:~:text=State%20Wildlife%20Action%20Plan%20%28SWAP%29%20The%20Massachusetts%20State,to%20co nserve%20them.%20Massachusetts%20State%20Wildlife%20Action%20Plan FIGURE 6 - LONG POND 8 year or maybe several years before the next low water opportunity exposes the shoreline. Only then can the seeds germinate, and the plants grow and flower. The plants that are characteristic of this specialized habitat include both commonly found species and globally restricted species, meaning they are found in very few locations worldwide. Coastal plain pond shores are known to have an abundance of state-protected and globally restricted rare plants. An example of this is the Plymouth gentian, which occurs in significant populations, but only in these limited coastal plain pond shorelines that have not been altered. The coastal plain pond plant community is a gradation of plant species starting with a pitch pine-oak forest in the upland, followed by a shrub border dominated by highbush blueberry, sweet pepperbush, and green briar. The next area around the shore, when exposed with lower water levels, is dominated by the coastal plain flat-topped goldenrod, pond shore rush, pink tickseed, golden pert, and, hopefully, the Plymouth Gentian. Next, at a slightly lower elevation around the pond in the semi-permanently flooded zone, there will be pipewort. Easy to miss, the flower is a tiny white ball held above the water on a slender stem. In deeper water, yellow waterlily and the white waterlily may occur. Not every pond has every zone and zones vary in width and species composition from year to year. These zones are evident along undisturbed sections of the Long Pond shore. FIGURE 7 - BEACH AT FORMER CAPE COD SEA CAMPS SITE The coastal plain pond shore is also important habitat for numerous animal species, some of which are protected by the state as species of special concern, threatened, or rare. The associated fauna includes over 45 species of dragonflies and damselflies and the painted, musk, spotted, and snapping turtles. Coastal plain ponds support warm-water fish and freshwater mussels. Migrating and wintering waterfowl use larger ponds like Long Pond. Bald eagles were documented at the pond in 2021. Development pressure and human use may threaten the coastal pond habitat. Heavy human use, such as foot traffic, off road vehicles and creation or enhancement of beaches, severely impacts plant growth and can result in total decimation of this fragile irreplaceable ecosystem. It has been documented that even a few walking trips can create a dead zone where it can take decades for these distinctive plants to grow again. 9 POND WATER QUALITY Protecting the site will help prevent degradation of the pond’s water quality. Good water quality is important to preserve coastal plain pond habitat. Excess nutrients from fertilizer use, stormwater runoff, septic systems, and even large flocks of overwintering Canada geese (not a natural occurrence – they naturally migrate in winter to the Chesapeake area) serve to put a pond’s chemistry off balance and cause accelerated eutrophication. The surplus of nutrients results in excessive growth of algae and encourages other pond vegetation to grow, which can crowd out the special coastal plain pond plants. And because the wells for drinking water are drawing from the same water table that creates these ponds, excessive drawdown for water consumption can influence the water levels. An unnatural fluctuation of water levels in the pond may result in upland habitat encroaching further into the shore, reducing the area of this specialized habitat. Invasive species, such as phragmites, can quickly take over and crowd out native plants. No invasive plant species were found at the pond shore in a 2021 visit. FIGURE 8 - PANORAMIC VIEW OF LONG POND AT BEACH Long Pond’s average depth is 30 feet, and the maximum depth is 70 feet. Transparency is good, extending to 14 feet, and aquatic vegetation is scarce. The bottom is composed of sand and rubble. The pond’s 6.4 miles of shoreline is moderately developed with houses, seasonal cottages, and beaches. Three small ponds are connected to the main pond by small channels: Black, Smalls and Greenland Ponds. The entire system drains into the Herring River. During the summer, dissolved oxygen levels drop below 2 ppm at depths great than 34 feet. Long Pond is classified as “impaired,” meaning that it has levels of phosphorous that may provide nutrients for algal blooms. Algae-covered water is less attractive for swimming and other aquatic recreation — highly valued pastimes — and degrades the conditions that fish, bugs, insects like damselflies, other wildlife, and desired plants need to thrive. In addition, phosphorus can fuel toxic blue-green algal blooms, which are harmful to people and pets. In recent summers there have not been notable algal blooms at Long Pond. Protecting the Long Pond parcel in its natural state will help keep additional phosphorous, generally associated with development (i.e., septic systems, storm run-off, and lawn fertilizers), from entering the water and help prevent algal blooms. If the beach is to be used for public swimming and boating this protection of the natural land may help maintain good and safe water quality. 10 PITCH PINE – OAK FOREST/WOODLANDS3 The upland forest (about 60 acres) is dominated by typical pitch pine and white and black oaks.4 Found only in scattered locations from New Jersey to Maine, pine-oak forests are characterized by sandy soils that are poor in nutrients and prone to drought. They have a long history of relatively frequent fire and harbor highly specialized plant and animal species, many of which are adapted to fire for their survival. No known forest fires have occurred on this parcel. The Long Pond parcel has a dense understory and more American beech and American holly trees than is common in many other parts of the Cape. This area of forest is becoming a mixed forest with a dense, closed canopy with structural diversity in the form of well-developed understory, shrub, and small tree layers including pitch pine, beech, holly, white pine, maples, and a variety of oaks. Few invasive plant species were noted during the site visit. The exception was some Asiatic bittersweet seen near the entrance at Rt. 137. There are no significant patches of blow-downs or dead or blighted trees. All these factors indicate that the forest is in good condition and serving its ecological function for habitat and water filtration. As this site visit was in winter, a visit during the growing season would be needed to more thoroughly document organisms present. Pine-oak woodlands typically provide habitat for many common and listed moths dependent on the oaks, pine, and heath shrubs. Box turtles use these forests as well as others in the southeastern part of the state. The bird fauna is like that of oak woodlands; Eastern Towhee and Pine Warbler are common. Most common species of mammals of Massachusetts have populations that make Pitch Pine – Oak Forests part of their habitat but none are particularly characteristic. Other similar large forests in West Brewster have been identified by Mass. Dept. of Fish and Game as focus areas for the rare New England cottontail. According to the State Wildlife Action Plan, threats to this ecosystem include residential and commercial development, agriculture, energy production, mining of sand and gravel, transportation and utility corridors, some kinds of timber harvesting, human disturbance, water withdrawal, invasive plant and animal species, pollution, and climate change. Many acres have been lost resulting in fragmentation. The relevant threats that apply to this parcel are residential development and human disturbance (e.g., recreation development). The more than 60 acres of forest included in the Long Pond parcel would add to the 41-acre Long Pond Woodlands and other adjacent land with conservation restrictions. If the entire area were protected it would result in over 120 acres of protected and mostly contiguous forest. WETLANDS There are two small wetlands on the site near the camp facilities. A 1.2-acre wooded swamp between the two sections of the camp facilities and a 2-acre shrub swamp to the east of the camp facilities. The 3 Natural communities’ information from the Massachusetts Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP). https://www.mass.gov/service-details/terrestrial-palustrine-and- estuarine-community-types and from the State Wildlife Action Plan (SWAP) https://www.mass.gov/service- details/state-wildlife-action-plan- swap#:~:text=State%20Wildlife%20Action%20Plan%20%28SWAP%29%20The%20Massachusetts%20State,to%20co nserve%20them.%20Massachusetts%20State%20Wildlife%20Action%20Plan 4 See https://www.mass.gov/doc/pitch-pine-oak-forestwoodland/download and https://www.mass.gov/doc/nature-conservancy-pine-barrens-of-se-mass-brochure/download 11 east swamp has some ditching from a time when it was used for cranberry cultivation into the early 1960s. These two wetlands include red maples and black gum (tupelo) trees. The communities have a dense shrub layer with highbush blueberry, sweet pepperbush, and cat brier. There is some evidence that the parking area associated with the camp beach was filled wetland or at least hydric soil; it dries out only in high summer and soft rush is growing in it. While small, the wetlands contribute variety to the site provide different habitat for wildlife. The dense shrub layers provide cover and nesting locations for many species of birds and small mammals as well as a source of winter food. Reptiles and amphibians tend to use these wet areas for breeding and feeding. PRIORITY HABITAT AND BIOMAP2 Much of Long Pond is designated as Priority Habitat of Rare Species by the Massachusetts Natural Heritage and Endangered Species Program (NHESP). Priority Habitats represent the geographic extent of known state- listed rare species. Included in the designation are two non- listed species, five species of Special Concern; three Threatened species; and one Endangered species5. Interestingly, the subject parcel is on the only cove that is not part of the designated Priority Habitat. This cove is no more disturbed than other parts of the pond and less so than most (Figure 10). 5 See Appendix A for a full listing of species. FIGURE 10 - PRIORITY HABITAT (YELLOW HATCH), BIOMAP2 NATURAL LANDSCAPE (TAN) FIGURE 9 - SHRUB SWAMP IN BLUE AND WOODED SWAMP IN GREEN 12 The BioMap2 project has been designed by the Natural Heritage and Endangered Species Program and The Nature Conservancy to strategically guide conservation of biodiversity in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. The entire pond, its shoreline, and a 250-foot buffer are also within BioMap2 Critical Natural Landscape. Critical Natural Landscape identifies and prioritizes intact landscapes in Massachusetts that are better able to support ecological processes and disturbance regimes, and a wide array of species and habitats over long time frames. Protecting land in BioMap2 Critical Landscape, including this property, is a State priority for conservation and informed stewardship.6 WATERSHED PROTECTION Protection of the forest at this site will help maintain the quality of town’s drinking water supply. A large portion of the Long Pond site near Long Pond Road is in a Zone II Drinking Water Protection Area. A Zone II is a wellhead protection area that has been determined by hydro-geologic modeling and approved by the Department of Environmental Protection’s Drinking Water Program. Certain land uses that could adversely affect the public water supply may be either prohibited or restricted in this area. 6 See Appendix A for description of BioMap2 Core 444. FIGURE 11 DRINKING WATER FEATURES 13 Within this area, there are three drinking water wells that supply east Brewster’s drinking water supply (Figure 11). RECREATION The parcel offers an excellent opportunity to build new walking trails and integrate them with existing protected Town land to the north (Figure 1). New trails would provide additional opportunities for Brewster residents to recreate and exercise on public open space. The existing beach on the land would provide access to the largest freshwater pond on Cape Cod. WILDLIFE While no specific wildlife surveys are available, the parcel has two habitats identified in the Massachusetts State Wildlife Action Plan (SWAP) as essential components for 40 important species’ life histories in Coastal Plain Ponds and 47 species in Pitch Pine-Oak Upland Forest7. It is also close to areas that have wildlife information including the Cornell Long Pond eBird hotspot, the Brewster Ponds and Woods Important Bird Area (IBA), MassWildlife fish surveys of Long Pond, and more general information on the wildlife found in these habitats. BIRDS Long Pond is identified as a Cornell University eBird hotspot, and the parcel provides important supporting habitat. Hotspots are shared locations where birders report their bird sightings to eBird. Hotspots provide information about birding locations where birds are seen. Ninety-five species have been observed at Long Pond. Twenty-eight species have been observed during the breeding season, meaning that several of them are likely to nest nearby. See the Appendix for details. Long Pond hosts a great diversity and abundance of ducks in winter, one of the best ponds on Cape Cod in in this respect, presumably owing to its size and rare freeze-ups. Many of these species, like scaup, depend on the mussels, others on the herring. The combination of fish and waterfowl make it one of the easiest places on Cape Cod to see Bald Eagles. The nearby Brewster Ponds and Woodlands IBA is a much larger and more diverse area that includes some of the same habitat types (45% pitch pine/scrub oak forest, 38% lake/pond, 10% oak-conifer 7 See Appendix C and D for listings of species in each habitat. FIGURE 12 - LONG POND PARCEL (IN YELLOW) AND SURROUNDING AREA Brewster Ponds & Woodlands IBA Long Pond eBird Hotspot 14 transitional forest, 5% shrub-scrub wetland, 2% early successional shrubland). Point count surveys in the area indicate significant breeding populations of five, regional, high conservation priority species, and the presence of the Northern Parula, a state threatened species. Waterfowl surveys indicate that the ponds within the area host large numbers of migrant/wintering waterfowl. The site is the location for several long-term monitoring projects. Other important species include Common Merganser, American Black Duck, Baltimore Oriole, Eastern Towhee, Scarlet Tanager, Great-crested Flycatcher, and Eastern Wood Pewee. Some of these species such as the Scarlet Tanager are forest interior birds and require large tracts of forest for habitat. Many of these interior forest species are threatened or in decline. Maintaining large block of forest such as this property and the abutting conservation land help retain this important habitat. Given the proximity of the IBA, it is possible that Northern Parula is a breeder in the Long Pond parcel forest. Singing males have been reported in nearby forests. Other species in this IBA may also occur at Long Pond, and a site visit in spring or summer would be needed to determine this in more detail. MAMMALS The site may provide habitat for mammals typical of a pine-oak forest. Large mammals may include white-tailed deer, coyotes, and reclusive river otters. White-tailed deer are plant-eaters which have proliferated in the Pine Barrens (as elsewhere in the country) due to development pressure and the fragmentation of forests, which creates more edible plants at forest edges than does a continuous, mature forest. This site may provide habitat for red fox, mink, fisher, long-tailed weasel, southern bog lemming, several species of bats, as well as raccoon, muskrat, squirrels, chipmunks, voles, and mice. FISH The following fish species were found during MassWildlife surveys in Long Pond: Alewife (sea-run, a species of herring), Smallmouth Bass, Largemouth Bass, Yellow Perch, White Perch, Pumpkinseed, Tessellated Darter, Banded Killifish, Brown Bullhead, White Sucker, and American eel. Large schools of herring were observed along the beach during the 2021 site visit for this report. AMPHIBIANS Amphibians are dependent on high-quality aquatic habitat for breeding, and some are closely associated with uplands. Some of the more visible and well-known frog species of the Pine-Oak Forest habitat are the Green Frog and the Southern Leopard Frog. Other amphibians that may potentially occur are Eastern Spadefoot Toad, Northern Spring Peeper, Red-backed Salamander, and Spotted Salamander. No vernal pools are documented or suspected on this site. REPTILES The habitat diversity of this parcel suggest potential for a rich community of reptile species such as turtles and snakes. The most common snake may be the Northern Water Snake. Surely the most bizarre snake of the area is the Eastern Hognose, also known as the Puff Adder, since it often spreads its neck, cobra-like, when alarmed. Other potential snakes of this habitat type are Eastern Ribbon Snake, and Northern Black Racer. The Common Snapping Turtle, Eastern Box Turtle, and Eastern Painted Turtle are all likely to occur. 15 CONCLUSION At 66 acres in size, perhaps the largest undeveloped parcel on the Lower Cape, the Long Pond parcel contains valuable natural attributes and provides important services for the community. These fall into three main categories Coastal Plain Pond shore, a large tract of pine-oak forest, and water quality. The Coastal Plain Pond shoreline is a globally rare ecosystem and represents the most important location for rare or endangered organisms. The parcel’s location abutting and near other large pine-oak forest parcels in conservation status indicates its strategic importance for multiple open space and wildlife habitat values. Fragmenting this large pine-oak woodland, for example, would reduce its value for feeding, sheltering and breeding wildlife. The natural land helps maintain good water quality both for Long Pond and for the three public drinking water wells to the east. Mostly seasonal use for passive recreation, including foot trails and recreational programs, can be accommodated without undue disruption of the habitat with thoughtful planning and oversight. The Town of Brewster owns a beautifully intact piece of natural land with numerous natural values, and careful consideration should be made to preserve these key values in the Town’s planning process. 16 APPENDIX A - BIOMAP 2 INFORMATION8 The BioMap2 project has been designed by the Natural Heritage and Endangered Species Program and The Nature Conservancy to strategically guide conservation of biodiversity in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. SPECIES OF CONSERVATION CONCERN, PRIORITY AND EXEMPLARY NATURAL COMMUNITIES, AND OTHER ELEMENTS OF BIODIVERSITY IN BREWSTER Insects Moths Water-willow Stem Borer, (Papaipema sulphurata), T Damselflies Scarlet Bluet, (Enallagma pictum), T Pine Barrens Bluet, (Enallagma recurvatum), T New England Bluet, (Enallagma laterale), Non-listed SWAP species Little Bluet, (Enallagma minusculum), Non-listed SWAP Dragonflies Comet Darner, (Anax longipes), SC Reptiles Diamond-backed Terrapin, (Malaclemys terrapin), T Eastern Box Turtle, (Terrapene carolina), SC Eastern Ribbon Snake, (Thamnophis sauritus), Non-listed SWAP Birds Piping Plover, (Charadrius melodus), T Northern Parula, (Parula americana), T Plants Bushy Rockrose, (Crocanthemum dumosum), SC Common's Panic-grass, (Dichanthelium ovale ssp. pseudopubescens), SC Acadian Quillwort, (Isoetes acadiensis), E Redroot, (Lachnanthes caroliana), SC Dwarf Bulrush, (Lipocarpha micrantha), T Oysterleaf, (Mertensia maritima), E Adder's-tongue Fern, (Ophioglossum pusillum), T Pondshore Knotweed, (Persicaria puritanorum), SC Maryland Meadow Beauty, (Rhexia mariana), E Seabeach Dock, (Rumex pallidus), T Plymouth Gentian, (Sabatia kennedyana), SC Terete Arrowhead, (Sagittaria teres), SC Mitchell's Sedge, (Carex mitchelliana), T Resupinate Bladderwort, (Utricularia resupinata), T Salt Reedgrass, (Spartina cynosuroides), T Priority Natural Communities Coastal Plain Pondshore, S2 Marine Intertidal: Flats, S2 8 http://maps.massgis.state.ma.us/dfg/biomap/pdf/town_core/Brewster.pdf E = Endangered T = Threatened SC = Special Concern S1 = Critically Imperiled communities, typically 5 or fewer documented sites or very few remaining acres in the state. S2 = Imperiled communities, typically 6- 20 sites or few remaining acres in the state. S3 = Vulnerable communities, typically have 21-100 sites or limited acreage across the state. 17 DESCRIPTION OF BIOMAP2 COREHABITAT AND CRITICAL NATRUAL LANDSCAPE AT LONG POND Blue star indicates approximate location of Long Pond parcel. 18 Species of Conservation Concern Commons's Panic-grass (Dichanthelium ovale ssp. Pseudopubescens) SC Plymouth Gentian (Sabatia kennedyana) SC Pondshore Knotweed (Persicaria puritanorum) SC Redroot (Lachnanthes caroliana) SC Terete Arrowhead (Sagittaria teres) SC Water-willow Stem Borer (Papaipema sulphurate) T Little Bluet (Enallagma minusculum) Non-listed SWAP New England Bluet (Enallagma laterale) Non-listed SWAP Pine Barrens Bluet (Enallagma recurvatum) T Scarlet Bluet (Enallagma pictum) T Least Bittern (Ixobrychus exilis) E Property is adjacent to a 2,403-acre Core Habitat featuring Wetland Core, Aquatic Core, and Species of Conservation Concern. Wetland Cores are the least disturbed wetlands in the state within undeveloped landscapes—those with intact buffers and little fragmentation or other stressors associated with development. These wetlands are most likely to support critical wetland functions (i.e., natural hydrologic conditions, diverse plant and animal habitats, etc.) and are most likely to maintain these functions into the future. The Wetland Core is among the largest 20% of Wetland Cores statewide and in this ecoregion. Aquatic Cores are intact river corridors within which important physical and ecological processes of the river or stream occur. They delineate integrated and functional ecosystems for fish species and other aquatic Species of Conservation Concern. Commons's Panic-grass grows in dry, sandy fields and barrens on the coastal plain. It is also found in dry pitch pine-oak woods, colonizing openings and disturbed soil where there is little or no leaf litter. Plymouth Gentian is a globally rare, showy perennial herb of the gentian family, with striking pink and yellow flowers and opposite lance-shaped leaves. It inhabits the sandy and peaty shorelines of coastal plain ponds. Pondshore Knotweed is a globally rare, trailing, annual wildflower of the Buckwheat family, found on the upper shores of coastal plain ponds in the Northeast. In Massachusetts, Pondshore Knotweed inhabits the sandy, peaty, or cobble upper shores of acidic, low-nutrient, coastal plain ponds. It requires pronounced water level fluctuation, acidic, nutrient-poor water, and substrate, and an open, exposed shoreline, free from major soil disturbance. Redroot, a slender, erect perennial in the bloodroot family, inhabits the exposed sandy to peaty shores of Coastal Plain ponds. It is usually found in linear bands along the middle to upper margins of the shore or in coves. Terete Arrowhead is a perennial emergent aquatic plant of the water-plantain family, which grows in shallow water along the muddy, sandy, or peaty margins of coastal plain ponds. 19 The Water-willow Stem Borer is a yellowish moth with purple-brown shading that inhabits shallow portions of coastal plain wetlands where water-willow grows. It is endemic to southeastern Massachusetts. The Little Bluet, a very small damselfly, inhabits ponds with sparse emergent or aquatic vegetation and a sandy substrate. New England Bluets are damselflies whose habitat includes coastal plain ponds, open water in swamps, and other ponds and lakes. It occurs only in the northeastern United States and is most common from eastern Massachusetts into Connecticut. Pine Barrens Bluets, small damselflies, are restricted to coastal plain ponds and similar wetlands. Scarlet Bluets are small (just over an inch long) damselflies with red eyes and orange bodies. They inhabit acidic sandy ponds with floating vegetation. Least Bitterns are heron-like birds that typically nest in cattail marshes interspersed with open water and are very sensitive to disturbance. 20 APPENDIX B - LONG POND HOTSPOT EBIRD LIST (OBSERVED AT LONG POND)9 Waterfowl Snow Goose Mallard x American Black Duck (hybrid) Greater White-fronted Goose Northern Pintail Canada Goose* Green-winged Teal Mute Swan Canvasback Wood Duck Redhead American Wigeon Ring-necked Duck Mallard* Tufted Duck Lesser Scaup Greater Scaup Waterfowl (cont.) Surf Scoter Barrow's Goldeneye White-winged Scoter Hooded Merganser Black Scoter Common Merganser Long-tailed Duck Red-breasted Merganser* Bufflehead Ruddy Duck Common Goldeneye Grebes Shorebirds Pied-billed Grebe Spotted Sandpiper* Alcids Horned Grebe Red-necked Grebe Pigeons and Doves Dovekie Gulls, Terns, and Skimmers Mourning Dove* Laughing Gull* Swifts Ring-billed Gull Chimney Swift* Herring Gull* Rails, Gallinules, and Allies Great Black-backed Gull American Coot Loons Cormorants and Anhingas Red-throated Loon Great Cormorant Common Loon Double-crested Cormorant* Tits, Chickadees, and Titmice Herons, Ibis, and Allies Black-capped Chickadee* Great Blue Heron Tufted Titmouse* Black-crowned Night-Heron* Martins and Swallows Vultures, Hawks, and Allies Barn Swallow* Turkey Vulture Kinglets Osprey* Golden-crowned Kinglet Cooper's Hawk Nuthatches Bald Eagle Red-breasted Nuthatch Red-tailed Hawk White-breasted Nuthatch Owls Treecreepers Great Horned Owl Kingfishers Brown Creeper Wrens Belted Kingfisher* Carolina Wren Woodpeckers Starlings and Mynas 9 https://ebird.org/barchart?byr=1900&eyr=2021&bmo=1&emo=12&r=L5278254 21 Red-bellied Woodpecker European Starling Downy Woodpecker* Catbirds, Mockingbirds, and Thrashers Hairy Woodpecker Gray Catbird* Northern Flicker* Thrushes Falcons and Caracaras Eastern Bluebird Peregrine Falcon American Robin* Tyrant Flycatchers: Pewees, Kingbirds, and Allies Waxwings Eastern Phoebe* Cedar Waxwing Great Crested Flycatcher* Old World Sparrows Eastern Kingbird* House Sparrow Jays, Magpies, Crows, and Ravens Finches, Euphonias, and Allies Blue Jay House Finch American Crow Red Crossbill Common Raven Pine Siskin New World Sparrows American Goldfinch* Chipping Sparrow* Wood-Warblers White-throated Sparrow Ovenbird Song Sparrow* Magnolia Warbler Eastern Towhee Yellow Warbler Blackbirds Pine Warbler Baltimore Oriole* Yellow-rumped Warbler Red-winged Blackbird* Cardinals, Grosbeaks, and Allies Brown-headed Cowbird Northern Cardinal Common Grackle* *= species observed during the breeding season 22 APPENDIX C – STATE WILDLIFE ACTION PLAN (SWAP)- COASTAL PLAIN POND ECOSYSTEM10 SPECIES OF GREATEST CONSERVATION NEED IN COASTAL PLAIN PONDS Taxon Grouping Scientific Name Common Name Reptiles Pseudemys rubriventris Northern Red-bellied Cooter Mussels Alasmidonta undulata Triangle Floater Anodonta implicata Alewife Floater Lampsilis radiata Eastern Lampmussel Leptodea ochracea Tidewater Mucket Ligumia nasuta Eastern Pondmussel Odonates Rhionaeschna mutata Spatterdock Darner Anax longipes Comet Darner Enallagma pictum Scarlet Bluet Enallagma recurvatum Pine Barrens Bluet Plants Amphicarpum amphicarpon Annual Peanutgrass Carex striata Walter's Sedge Coleataenia longifolia ssp. longifolia Long-leaved Panic-grass Coreopsis rosea Rose Coreopsis Dichanthelium dichotomum ssp. mattamuskeetense Mattamuskeet Panic-grass Dichanthelium wrightianum Wright's Panic-grass Eleocharis microcarpa var. filiculmis Tiny-fruited Spike-sedge Eleocharis tricostata Three-angled Spike-sedge Eupatorium novae-angliae New England Boneset Hypericum adpressum Creeping St. John's-wort Isoetes acadiensis Acadian Quillwort Isoetes lacustris Lake Quillwort Juncus debilis Weak Rush Lachnanthes caroliniana Redroot Lipocarpha micrantha Dwarf Bulrush Ludwigia sphaerocarpa Round-fruited Seedbox Panicum philadelphicum ssp. philadelphicum Philadelphia Panic-grass Persicaria puritanorum Pondshore Smartweed Persicaria setacea Swamp Smartweed Rhexia mariana Maryland Meadow-beauty Rhynchospora inundata Inundated Horned-sedge Rhynchospora nitens Short-beaked Bald-sedge Rhynchospora scirpoides Long-beaked Bald-sedge Rhynchospora torreyana Torrey's Beak-sedge Rotala ramosior Toothcup Sabatia campanulata Slender Marsh Pink Sabatia kennedyana Plymouth Gentian Sabatia stellaris Sea Pink 10 https://www.mass.gov/files/documents/2016/12/wh/ma-swap-public-draft-26june2015-chapter4.pdf 23 Scientific Name Common Name Sagittaria teres Terete Arrowhead Utricularia subulata Subulate Bladderwort 24 APPENDIX D – STATE WILDLIFE ACTION PLAN (SWAP)- PITCH PINE – OAK FOREST WOODLAND ECOSYSTEM11 SPECIES OF GREATEST CONSERVATION NEED IN PITCH PINE – OAK WOODLAND Taxon Grouping Scientific Name Common Name Amphibians Scaphiopus holbrookii Eastern Spadefoot Reptiles Coluber constrictor North American Racer Heterodon platirhinos Eastern Hog-nosed Snake Terrapene carolina Eastern Box Turtle Birds Antrostomus vociferus Whip-poor-will Asio otus Long-eared Owl Circus cyaneus Northern Harrier Colinus virginianus Northern Bobwhite Pipilo erythrophthalmus Eastern Towhee Pooecetes gramineus Vesper Sparrow Setophaga americana Northern Parula Setophaga discolor Prairie Warbler Toxostoma rufum Brown Thrasher Mammals Sylvilagus transitionalis New England Cottontail Beetles Cicindela patruela Barrens Tiger Beetle Nicrophorus americanus American Burying Beetle Lepidoptera Abagrotis nefascia Coastal Heathland Cutworm Acronicta albarufa Barrens Dagger Moth Apodrepanulatrix liberaria New Jersey Tea Inchworm Callophrys irus Frosted Elfin Catocala herodias gerhardi Herodias Underwing Chaetaglaea cerata Waxed Sallow Cicinnus melsheimeri Melsheimer’s Sack-bearer Cingilia catenaria Chain-dotted Geometer Eacles imperialis Imperial Moth Erynnis persius persius Persius Duskywing Euchlaena madusaria Scrub Euchlaena Hemaris gracilis Slender Clearwing Hemileuca maia Buck Moth Heterocampa varia Sandplain Heterocampa Hypomecis buchholzaria Buchholz’s Gray Lycia rachelae Twilight Moth Lycia ypsilon Woolly Gray Metarranthis apiciaria Barrens Metarranthis Psectraglaea carnosa Pink Sallow Ptichodis bistrigata Southern Ptichodis Speranza exonerata Pine Barrens Speranza Stenoporpia polygrammaria Faded Gray Zale lunifera Pine Barrens Zale 11https://www.mass.gov/files/documents/2016/12/wh/ma-swap-public-draft-26june2015-chapter4.pdf 25 Scientific Name Common Name Zanclognatha martha Pine Barrens Zanclognatha Taxon Grouping Scientific Name Common Name Plants Aristida purpurascens Purple Needlegrass Calamagrostis pickeringii Pickering’s Reedgrass Corema conradii Broom Crowberry Crocanthemum dumosum Bushy Rockrose Cyperus houghtonii Houghton's Flatsedge Dichanthelium ovale ssp. pseudopubescens Commons’ Panic-grass Malaxis bayardii Bayard's Adder's Mouth WQRC Meeting Minutes 2-24-2023 1 Date Approved: Vote: TOWN OF BREWSTER MINUTES of WATER QUALITY REVIEW COMMITTEE Friday, February 24, 2023 at 9:00 AM VIRTUAL MEETING Attending Committee Members: Vice Chair Amy von Hone convened the Water Quality Review Committee meeting at 9:00AM with members Kimberley Crocker Pearson, Chris Miller, Robert Michaels, and Davis Walters (9:05) and deemed there to be a quorum. Members Absent: Chair Cynthia Baran, Ned Chatelain Guests: John Tadema-Wielandt, Natural Systems Utilities; Daniel Serber, NextGrid, Inc. Item 1: Continued Discussion and Possible Vote on 989 Freemans Way – Solar Array and Landfill Closure, John Tadema-Wielandt of Natural Systems Utilities Amy said, in conversation with the Town Planner, for clarity moving forward this committee will reference this property by the assessor’s Map 119 and parcels 6 & 8, as 989 Freemans Way refers to the Brewster VFW property. She then went on to give a brief summary of this Agenda Item: she took part in a meeting on Feb 10th where we met with John and Dan from National Grid to discuss the process of the landfill closure along with Jon Idman, Town Planner, and Dave Bennett. They discussed where the landfill closure process was currently and how the site would be monitored going forward. John Tadema-Wielandt then addressed the committee and introduced his client, Dan Serber from NextGrid. At our last meeting, we discussed the requirements for the sampling of the pit, as outlined in the post closure use permit and that includes soil sampling for various analysis after the wood waste material is removed. Groundwater is sampled on an annual basis on the four monitoring wells. We have collected two soil samples and the results report everything as non-detect or below any standards. Groundwater has also been sampled and those results report all concentrations as non- detect or below any standards. Moving forward, NextGrid has agreed to continue groundwater monitoring beyond the submittal of the post closure completion permit until that time where jurisdiction transfers to the WQRC. Then the WQRC can make any changes they deem necessary to the monitoring plan. The soil sampling will continue as per the permit and the removal of material is scheduled to begin on Monday. TOWN OF BREWSTER Water Quality Review Committee 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x1121 FAX (508) 896-8089 WQRC Meeting Minutes 2-24-2023 2 Amy said John had submitted an updated letter included in the packet explaining what he just reviewed, and she included a sample of a deed recording of a property off Cape that went through a landfill closure through DEP to give an idea of requirements. Amy then asked Davis to comment on the modifications of what is going on at the site because of the additional fill that was found and is being addressed. They didn’t believe the changes would warrant a change in the Planning Board decision. She wanted to give Davis an opportunity to weigh in on that as it is his final decision as Zoning Officer. Davis addressed the committee. He feels strongly that the project as proposed doesn’t warrant any changes to the Planning Board decision or related permits. The changes are not significant relative to zoning matters. Rob asked what change of use might trigger a Planning Board re-visit. Amy said it was more an issue of change in topography which would have tied in to any additional berming to be done with excess material to stay on site. Davis agreed and said there is no change to the extent of the impervious surface, he doesn’t see the changes as significant. He doesn’t anticipate any changes in effect on the site. Chris said he doesn’t think there are any significant changes. He likes the fact that the organic portion of the material found is going to go into a berm and not be buried. He likes the comments in the DEP letter where they are going to try to segregate out any of the waste products like plastic and trash, and again, as he reiterates what he said last time that if anything like telephone poles are found, that might have a chemical material on it, that you segregate it and get it off site. That is just good practice as they do it anyway. He is satisfied. Davis agreed with that as well. There is nothing else to consider. Amy said Jon Idman was hoping to be here, but at the meeting a couple weeks ago, he recommended to the applicant that they try to maintain as much of a tree buffer as possible with the plans proposed. Kim asked if there would be additional soil sampling as the project goes forward. John T-W answered, yes, as the material is removed, the natural material underneath will be collected and sampled, screened for any organic vapors and then we will submit a discreet sample if we get a hit on that; if everything is pretty consistent, we will composite the samples and submit that to the lab. Kim said she has mixed feelings about composites, if you are trying to decide if this rises to a level of contaminations of concern, she has questions. She wondered how they would decide which they would do. John T-W said it is usually obvious as they go through it, and it will go to the lab separately. Kim asked if someone with his experience would be onsite to interrogate further. John T- W answered, yes. Amy said she wanted to emphasize the project is so much more environmentally better than what has been going on for years at that site and would like to express her support for what is going on now. MOTION to support the revised letter that NSU has provided to us that has also been submitted to DEP for their inclusion in the process of the landfill closure. And to support the decision of the Building Commissioner that this does not need to be resubmitted back to Planning Board for modification of their original decision and the WQRC anticipate our usual review of Certificate Renewals at the time that this is ready to be done. Future monitoring will be discussed and determined at WQRC certificate renewal. MOVED by Chris Miller. Kim Pearson second. Roll Call Vote: Kimberley Pearson – yes, Robert Michaels – yes, Chris Miller – yes, Davis Walters – yes, Vice Chair von Hone – yes VOTE: 5-yes 0-no Chris said we talked about a Water Quality permit – he doesn’t think we need a new permit until after construction of the new facility. Amy agreed. She asked about the issuance of the original certificate as it came from the Planning Board, but it hasn’t been issued yet so the WQRC would not yet take WQRC Meeting Minutes 2-24-2023 3 over review. Davis agreed. Everyone else was comfortable with that. Rob asked about the voluntary continuance of the groundwater monitoring – do we want to quantify the time period? Amy said as far as time frame, she believes once we take over review of the certificate renewal, we will be making the determination prior to our WQRC renewal. Chris said he doesn’t have the Planning Board Certificate, but he doesn’t think anything has changed. Amy said the applicant has volunteered even though it isn’t required by DEP. Davis asked John if he was comfortable with the idea of looking at one more round of well sampling? John T-W said he was comfortable with that if Dan was as well. He said we are expecting to move quickly. He then said the DEP called him and said DEP wanted to make sure the Town was comfortable with placing a deed note on the property for the material remaining on site. Chris said he isn’t sure how much concern we would have, it might be more that the Board of Health could review it. Amy said that was fine, and she would consult with Jon Idman as a regulatory board to review it, not WQRC. The committee agreed. Amy said she could discuss with John T-W about when they would need something in writing. John T-W answered the project can process regardless but within a few weeks would be good. Item 2: Continued Discussion and Possible Vote on 3 Year Certificate Renewal for Dream Day on Cape Cod Amy said this came before us last month and there was a question about the fertilizer being used on the property. She reached out to the facilities manager at the camp, and he confirmed the fertilizer being used is for the ball field that they have and is the only green they have over there. Amy included the email in the packet. They fertilize in the spring and then at the end of the season. Chris said they indicated the fertilizer they are using, and it is phosphorus containing. Under State Law, you must do soil testing before each application of fertilizer and can only go in if it is required by the test. If they would change that fertilizer to a non-phosphorus containing type, he would be satisfied. It has been outlawed to use except for starting a new lawn. This isn’t new, they are just maintaining. It has been quite a few years since the State has outlawed this type of fertilizer. Davis said we are talking about such a small quantity; it may be old fertilizers. If there would be a requirement for testing, perhaps the county extension could help with that. Chris said it is near Nickerson State Park in a remote area near our wells. Amy said we need to keep this in perspective. Chris said our local bylaw prohibits the application of fertilizer with phosphorus for this kind of property. A golf course has different rules under the State than a recreational ball field. We should ask them to change the type of fertilizer. Rob asked if we might ask if he has a 10-year supply or if it is easy for him to purchase a different type. Chris said we cannot allow him to use the last few bags because it is against State and local bylaws. Kim said maybe he just needs to be made aware. Amy said she agreed with that and said between Davis and Amy they would contact the applicant to clarify. Davis agreed. MOTION to approve Dream Day on Cape Cod Certificate renewal. MOVED by Kimberley Pearson. Rob Michaels second. Roll Call Vote: Kimberley Pearson – yes, Robert Michaels – yes, Chris Miller – yes, Davis Walters – yes, Vice Chair von Hone – yes VOTE: 5-yes 0-no Item 5: Matters Not Reasonably Anticipated by the Chair - none Next Meeting: March 24, 2023 9AM WQRC Meeting Minutes 2-24-2023 4 MOTION to adjourn the meeting at 9:39AM. MOVED by Kim Pearson. Robert Michaels second. Roll Call Vote: Kimberley Pearson – yes, Robert Michaels – yes, Chris Miller – yes, Davis Walters – yes, Vice Chair von Hone – yes VOTE: 5-yes 0-no Respectfully Submitted by: Beth Devine Action items: Davis - keep the committee informed about CS&R and the high levels of manganese and their continued groundwater monitoring (carry-over) keep committee updated re: boat storage violation and next steps (carry-over) Amy - look into Grow Lab Certificate and next steps (carry-over) touch base with Dream Day regarding fertilizer use on property (Amy & Davis) work with Jon Idman and other staff to come up with a new procedure or recommendations for certificate renewals to bring to the committee to consider at a future meeting (carry-over) Beth - send email to approved certificate applicants Packet of additional documents available on the website for public review WQRC Meeting Minutes 3-24-2023 1 Date Approved: Vote: TOWN OF BREWSTER MINUTES of WATER QUALITY REVIEW COMMITTEE Friday, March 24, 2023 at 9:00 AM WQRC MEETING AGENDA Attending Committee Members: Chair Cynthia Baran convened the Water Quality Review Committee meeting at 9:01AM with members Kimberley Crocker Pearson, Ned Chatelain, Chris Miller, Davis Walters, and Robert Michaels and deemed there to be a quorum. Members Absent: Vice Chair Amy von Hone Guests: Item 1: WQRC Certificate Renewals a. Pleasant Bay Nursing and Rehabilitation Facility - M45 L66 South Orleans Road b. Secure Storage - M46 L41-1 28 Commerce Park Pleasant Bay Nursing and Rehabilitation Facility – Amy sent Cyndi an email saying she had no issues with the renewal. They just had their wastewater treatment facility update before the BOH with no problems to report, and they continue to meet their State GPD requirements. MOTION to approve Pleasant Bay Nursing and Rehabilitation Facility’s Water Quality Renewal Certificate. MOVED by Ned Chatelain. Rob Michaels second. Roll Call Vote: Kimberley Pearson – yes, Ned Chatelain – yes, Robert Michaels – yes, Chris Miller – yes, Davis Walters - yes, Chair Baran- yes VOTE: 6-yes 0-no Secure Storage – Amy mentioned to Cyndi that there were no issues she was aware of through the BOH. Robert asked if it was required that they check the property owner or tenant on the application. Chris said they don’t own the property because it is a part of Commerce Park. They are the leaseholders/tenants. It is a long-term lease. MOTION to approve Secure Storage at 28 Commerce Park renewal certificate. MOVED by Ned Chatelain. Davis Walters second. Roll Call Vote: Kimberley Pearson – yes, Ned Chatelain – yes, Robert Michaels – yes, Chris Miller – yes, Davis Walters - yes, Chair Baran- yes TOWN OF BREWSTER Water Quality Review Committee 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x1121 FAX (508) 896-8089 WQRC Meeting Minutes 3-24-2023 2 VOTE: 6-yes 0-no Item 2: Approval of Minutes from 1/27/23 Cyndi said they were very well done and comprehensive. MOTION to approve the 1/27/23 Meeting Minutes as written. MOVED by Ned Chatelain. Seconded by Robert Michaels. Roll Call Vote: Kimberley Pearson – yes, Ned Chatelain – yes, Robert Michaels – yes, Chris Miller – yes, Davis Walters - yes, Chair Baran- yes VOTE: 6-yes 0-no Item 4: For Your Information a. Memorandum – MA Department of Transportation – Winter Recovery Chris said this was a great use of funds. They bring this to boards and committees, so everyone is aware. b. Solid Waste Facility Report – Cape Sand & Recycling Year 2022 Item 5: Matters Not Reasonably Anticipated by the Chair Carol Marie Anderson lives on Long Pond Road addressed the Committee – when they do approvals, like the Nursing Home, do you do chemical test?. How do you determine water quality? Cyndi answered that this is more of a planning tool. This committee does not test the water quality at a site, we look at preventative measures to reduce or prevent any potential pollution from that construction or project. If there are concerns, then we would request the property owner do testing. The Planning Board is the first review – they would put any special conditions they saw fit on the application. We would review it as well and give recommendations. Kim also said the BOH would review testing that was done by the facility prior to this type of meeting taking place. If there are questions about the kind of testing or what is being reviewed such as the septic, etc., the BOH would be the place to address that question. Next Meeting: TBD Robert asked about the January Minutes and what Jon Idman had said at that meeting. Chris said we wouldn’t define our own regulations; it would be the Planning Board. Cyndi said she believed it was in the works with Department Heads. We can place it on another meeting Agenda to follow-up. Cyndi would invite the Planner to attend the next meeting to discuss. MOTION to adjourn the meeting at 9:14AM. MOVED by Ned Chatelain. Chris Miller second. Roll Call Vote: Kimberley Pearson – yes, Ned Chatelain – yes, Robert Michaels – yes, Chris Miller – yes, Davis Walters – yes, Chair Baran - yes VOTE: 6-yes 0-no Respectfully Submitted by: Beth Devine WQRC Meeting Minutes 3-24-2023 3 Action items: Cyndi - Talk with Town Planner and invite to next meeting for follow-up discussion Davis - keep the committee informed about CS&R and the high levels of manganese and their continued groundwater monitoring (carry-over) Amy - look into Grow Lab Certificate and next steps (carry-over) work with Jon Idman and other staff to come up with a new procedure or recommendations for certificate renewals to bring to the committee to consider at a future meeting (carry-over) Beth - send email to approved certificate applicants send updated certificates to approved applicants with copy of approved Minutes Packet of additional documents available on the website for public review