Archive for October, 2009

Report on Public Meeting October 14th

Friday, October 16th, 2009

About 40 people attended our meeting at the West Fairlee Community Center.  Many of them had attended one of the prior meetings, but there were several new faces as well.  We held the meeting to discuss the Aquatic Vegetation Report prepared by Lycott Environmental at our request.

Lycott was represented by Lee Lyman, the principal, and Will Stevenson.  Lyman explained his forty plus years working first as a pesticide researcher then as a lake and pond manager. [more here] He spoke briefly about the survey his firm had undertaken at our request, noting that scientists had visited the lake three times this summer to observe and collect data.  He explained a little about the sampling methodology and how the sampling locations were chosen.  Stevenson discussed the “rake toss” method of sampling aquatic plants, and spoke to why sometimes no milfoil showed up at a location where residents know it is present.

The stated purpose of the meeting was to discuss the Aquatic Vegetation Report prepared by Lycott Environmental, Inc.  Some of the questions that followed addressed this specific topic, but many more related more generally to the issue of the safety of the proposed herbicide treatment, the details of the permit process, and the way the proposed introduction of chemicals into the lake would proceed.  Two environmental scientists from the Vermont DEC were in attendance, and answered questions about the permit requirements and the application process.  Several times they referred to the language of Lake Morey’s herbicide permit as a source of authoritative information on these subjects, so we have attempted to summarize this document here.

There were many questions about the safety of triclopyr for humans and pets.  The scientists from both Lycott and the State explained that the concentration of the chemical once introduced in the lake would be only a few parts per million, and that it breaks down quickly in water.  They spoke about the layers of testing and research trials that an herbicide had to survive first to be licensed by the EPA and then to be found acceptable to the Vermont Department of Health.  Suzy Kerr, President of the Lake Fairlee Association, reported that all five MD’s who live around the lake support our decision to use a herbicide.

The question of how far downstream of our lake might be affected was raised.  It was noted that Lake Morey’s permit required notice, testing, and use  restrictions down to where the outflow passes under Route 5, less than a mile.  Susan Brittin, from the DEC, suggested that this determination is made by the State on a case by case basis, and that we might have to go two or three miles, but certainly not down to the Connecticut River.

One property owner asked about the possibility of contamination of water from his well, which is located close to the lake, and is not deep.  It was explained that groundwater flows downhill towards the lake, and that hydrostatic pressure would keep lakewater from contaminating his well — unless the lake level somehow would rise a couple of feet.

Doug Sonsalla, a member of the West Fairlee Selectboard, asked what his town’s part in the application process should be?  Skip Brown replied that The Town of Thetford’s Selectboard had asked the same question, and he had given it some thought.  The State will accept a permit application from either a town or a lake association.  Because Lake Fairlee is abutted by three towns and there is no other entity ready to step forward, the Lake Fairlee Association is the logical applicant.  He said that if West Fairlee or one of the other towns wanted to join in the application or take it over he would be more than willing.  Answering whether the question of herbicides should be put to a democratic vote, Brown suggested that the votes of each town at their town meetings for or against continuing funding for Lake Fairlee’s milfoil program could provide that opportunity.

There was discussion of just who must be notified prior to the actual treatment.  A prescribed informational notice must be mailed to property owners adjoining the lake and downstream.  The same notice will be mailed to parents of children attending summer camps on the lake.  There will be signs posted around the lake (and downstream) every 1000 feet.

The question was raised just who decides whether the herbicide can be used.  There was discussion about the permit application process, the notice and period for comment, and the possibility of appeals.  Although the proposal has to be developed by the consultant and the application filed by the applicant town or lake association, the ultimate authority rests with the State.  The Department of Environmental Conservation, in consultation with the Department of Health and the Department of Fish and Wildlife, has to make a determination of the necessity and safety for the treatment to go ahead.

This meeting does not end the process, but many questions were answered and all left with greater understanding.  Members of the Association will be meeting with Lycott to hear their recommendation for a treatment plan.  We will share this information here, and will use it as the basis for a permit application to the State.  We will be making additional presentations to the Conservation Commissions and the Selectboards of the three adjoining towns.  We are trying to keep this process as open as possible so that no one will be surprised.  Please feel free to contact us with questions of concerns.

The Permit Application Process

Thursday, October 15th, 2009

Frequently when scientists from the State are asked questions about chemical treatment of our lake they suggest that we look to Lake Morey’s aquatic herbicide permit for guidance.  This document is available on the Department of Conservation’s website, and we have previously provided a link to it on this blog. Because it is 34 pages long and may seem daunting, we will try to summarize the parts of it that might apply to Lake Fairlee’s permit process.

Lake Morey’s Herbicide Permit

A.  DECISION AND REPORT
There are two sections to the document.  The first 9 pages contain the actual terms of the permit,  There are 36 sections and numerous subsections spelling out the requirements under which the herbicide application may proceed.  Among many other terms are included

  • Specifications about the herbicide to be used
  • Instructions for the disposal of surplus herbicide and containers
  • Detailed instructions to ensure actual notice of abutting and downstream landowners
  • Requirements for posting signs every 1000 feet around the lake
  • Who may actually put the herbicide in the lake
  • A requirement that all benthic barriers be removed from treated areas
  • Restrictions on swimming/boating/fishing for two days
  • Restrictions on use of lake water for irrigation for up to 120 days
  • Frequent water sampling and testing
  • Reporting requirements

B. FINDINGS
The second section is called Findings.  It enumerates the conclusions that the Department of Environmental Conservation has come to that provide the legal justification for the issuance of the permit.  There are five ‘findings’ that they have to determine in the alternative before a chemical permit can be issued.

1.  There is no reasonable non-chemical alternative.  Here they enumerate the various milfoil control methods and explain why each is ineffective or inappropriate in this situation.

2.  There is acceptable risk to non-target environment.  Here exhaustive evidence is presented to explain how and why triclopyr will not adversely affect other plant or animal species.  This section is nine pages long, and relies on Vermont’s growing body of experience with chemical control methods, including tables of data from Lake Morey itself.  Its primary concern is that other plant species in the lake do not suffer as the result of our actions.  It talks about the timing of the treatment and the concentration of chemical to be used.  It also addresses specific concerns raised by VT Department of Fish and Wildlife about toxicity to fish eggs that might be in the targeted areas.

3.  There is negligible risk to public health.   This section is the result of the Department of Health’s review of the proposed treatment.  It prescribes many of the restrictions that find their way into the requirements of the first section of the permit, like how far downstream must be placarded and tested, and when various water uses may resume.  It concludes that if all of the restrictions are met, there will be negligible risk to public health.

4.  A long range management plan has been developed which incorporates a schedule of pesticide minimization.  Here the state seems to be concerned that the chemical treatment is an integrated part of a macro health plan for the lake.  In particular, they want a five year plan that employs non-chemical measures where they can be effective.

5.  There is a public benefit to be achieved from the application of the pesticide.   This section seems to be a recitation of the environmental and economic harm done by milfoil that the proposed treatment will alleviate.

Our Comments

The State of Vermont is very strict in its regulation of pesticides.  There seems to be quite a lot of requirements and restrictions built into the process.  While we are not glad for the amount of work  to complete the application, we support the State’s generally restrictive attitude towards chemicals.  We cannot be sure how nearly Lake Fairlee will track Lake’s Morey’s process.  Nonetheless we are grateful for their proximity and their similarity.  As we proceed in the process we will learn more, and will share it with you here.

Consultant’s Report Now Available

Wednesday, October 7th, 2009
Click here to download report

Click above to download report

The Lake Fairlee Association Board has received the Aquatic Vegetation Report prepared by Lycott Environmental, Inc., and has begun to discuss its implications.  This report will be the subject of our third public meeting, to be held on Wednesday, October 14th. (details here)  You can download the whole report HERE.  It is a pdf file and is eighteen pages long.  We invite you to read it so that you will better understand our deliberations.

This report is the result of several surveys of the lake conducted this summer.  It includes scientifically collected data from over 200 locations around the lake, including the kinds and density of various species, and particularly of Eurasian milfoil.   It concludes that “approximately 120 acres, or about 26% of the lake’s surface area is infested” with Eurasian milfoil.

What this report does NOT include are recommendations about what we should do.  In private conversations the consultant has said that our lake is a good candidate for herbicide treatment.  But the decision is ours.  If we decide to apply for a permit for next summer the details of our proposal will be hammered out with the State regulators.  We will be continuing to explore this possibility, gathering information about what the treatment would consist of, how long it might take, and what it would cost.

Please read the report and come to one of our public meetings.  The lake may be “owned” by the State of Vermont, but it is our lake, and it needs our care.

Thetford considers a “Buffer Zone” requirement

Tuesday, October 6th, 2009

Landscaping choices made by landowners near the lake can affect the quality of the lake.  Construction of houses, driveways, and lawns can increase runoff.  Runoff increases erosion, aquatic weed growth, and sediment, while reducing water clarity.  An area of vegetation along the lake shore can lessen the adverse effects of development on lake quality.  The Lake Fairlee Association strongly supports the maintenance of these buffer zones.  See the category labeled “Lake Environment” in the column to the right.

The Town of Thetford, which adjoins the southern “half” of our lake, is evaluating its zoning ordinances and considering revisions.  Its Planning Commission has been discussing proposed new language, which includes requiring buffer zones for new construction along the lake.  The Thetford Planning Commission has invited input from the Lake Fairlee Association, which we gladly provided.  Its proposals will require adoption by the Selectboard for approval.

Neither Fairlee nor West Fairlee, the other two towns that border our lake, have such requirements.  We urge their consideration.

The Town of Thetford can be contacted at their website or at 802-785-2922.

Consultant’s Report Received

Monday, October 5th, 2009

Lycott Environmental, Inc., has prepared a report of the comprehensive survey of Lake Fairlee they conducted at our request.   The report, titled Aquatic Vegetation Report for Lake Fairlee, details the methods and results of two days of surveys, during which they cataloged the aquatic flora at 206 randomly selected locations in the lake.

This report is an important step towards our possible request for a permit to use an herbicide in the lake next summer to kill the milfoil.  It also promises to replace our rough estimates of the extent of milfoil’s spread with actual numbers.  As soon as the LFA board has had an opportunity to receive and review it I hope to make it available to you here.

Meanwhile, here is a photo of this years spectacular fall colors around our lake.img_6564-2

This is the hill in back of old Camp Norway.