Berkshire Conservation Agent Program

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Berkshire Conservation Agent Program

• Terry Plantier Eucker

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Berkshire ConservationAgent Program

• Created through the efforts of Berkshire
  Regional Planning Commission
• Initially funded by a grant from the Berkshire
  Environmental Endowment Fund of the Berkshire
  Taconic Community Foundation
• Purpose is to provide Berkshire County
  Conservation Commissions with professional
  technical assistance and training that is both
  timely and affordable

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Program Benefits

• Program is available through a municipal
  agency (BRPC) therefore, the Commission does NOT
  have to request bids to obtain the services it
  needs
• Available at the Commissions convenience,
  including nights and weekends

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Program Benefits

• Program has a set rate that is affordable to
  Commissions and applicants (25.00/hour including
  travel time and current IRS mileage rate - .40
  cents per mile travel expenses)
• Cost of the program can be covered by the
  applicant
• Under the original grant each Town received 7
  hours of free service under the grant
• Large or regionally important projects may be
  funded through the grant upon approval of BRPC

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Program Benefits

• Work is performed solely for conservation
  commissions so that there is never a concern
  about any conflicts of interest
• Program can provide Commission with written
  comments and recommendations

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Staff Qualifications

• Staffed by Terry Plantier Eucker

Qualifications include
Masters of Science degree in Biology
Wetland Circuit Rider for Massachusetts
Department of Environmental Protection
Experience as a Conservation Agent for several
Berkshire County Cities and Towns
Experience as an Environmental Consultant
18 years experience with the Wetland Protection
Act and
Regulations and training
in plant identification, soils, hydrology,
wildlife, etc.
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Program Services

• Application review
• Review of Resource area delineations
• Site inspections
• Review of Wildlife Habitat Evaluations
• Drainage calculation -stormwater review
• Written review recommendations

• Suggested Orders of Conditions
• Computerized permit review tracking
• Project compliance monitoring
• Commission training
• Enforcement
• Writing and adopting Rules and Bylaws
• Grant writing

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Application review

• Review applications and plans

Attend hearings and site meetings
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Review of Resource area delineations

• Walk site to inspect resource area delineations
  such as wetland flagging, 200 riverfront
  boundaries, bank

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Site inspections
Determine whether land is in agricultural use

• just give us an idea if we might have
  wetlands on our land

Forestry activities and Forest cutting plans
Vernal pools
Emergencies
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Wildlife habitat evaluation review
Review written Wildlife Habitat Evaluation
Check site for important wildlife habitat features
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Drainage calculation stormwater review
Table of Runoff Curve Numbers (SCS,
1986) Description of Land Use Hydrologic Soil
Group A B C D Paved parking lots, roofs,
driveways 98 98 98 98 Streets and
Roads Paved with curbs and storm
sewers 98 98 98 98 Gravel 76 85 89 91 Dirt 72
82 87 89 Cultivated (Agricultural Crop)
Land Without conservation treatment (no
terraces) 72 81 88 91 With conservation treatment
(terraces, contours) 62 71 78 81
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Written review recommendations
Application completeness, deficiencies,
compliance with Regulations, additional
information required
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Suggested Orders of Conditions
Computerized suggested Conditions easy to edit,
monitors construction, protects resource areas,
tracks cumulative impacts, easily understood by
applicant and contractor, withstand appeal and
DEP intervention
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Computerized permit review and tracking
MASSGIS
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Project compliance monitoring

• Review site for compliance with approved plans
  and Order of Conditions

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Commission training
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TRAINING TOPICS CURRENTLY AVAILABLE - OR PICK A
TOPIC AND ONE CAN BE PREPARED ESPECIALLY FOR YOUR
COMMISSION
RDAS THE WETLAND PROTECITON ACT RIVERFRONT
REGULATIONS RIVERFRONT EXEMPTIONS RIVERFRONT
REDEVELOPMENT LIMITED PROJECTS REVIEWING PROJECTS
IN LAKES, PONDS AND STREAMS ESTABLISHING
JURSIDICITON BVW DELINEATION BANKS (10.54) VERNAL
POOLS DRAINAGE CALCULATIONS CLEARWATER
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BEAVERS ENFORCEMENT STORMWATER WEST NILE
VIRUS THE BASICS OF THE WETLAND REGULATIONS
SINGLE FAMILY HOMES AND THE RIVERFRONT JURSIDICTI
ON AND THE RIVERFRONT CONSERVATION COMMISSION
RESOURCES WRITNG AN AFFIRMABLE ORDER OF
CONDITIONS TITLE V AND THE WETLAND PROTECTION
ACT PROTECTING THE PUBLICS RIGHTS BROWNFIELDS
AND RIVERFRONT REDEVELOPMENT
MORE TRAINING TOPICS CURRENTLY AVAILABLE
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Enforcement
Site inspection, photographs, administrative
search warrants, restoration orders
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Writing and adopting Rules and Bylaws
Grant writing
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How has it worked so far?
One Commission used the Program to review a
complex NOI. The Commission felt it was likely
that an abutter would appeal the Order. The
applicant had threatened to sue if DEP intervened
or the Order was appealed The purpose of the
review was to to ensure compliance with the
regulations and 1) leave no grounds for an
abutter to appeal 2) ensure DEP would not
intervene 3) ensure that DEP would affirm their
Order on appeal. The result was DEP did not
intervene, the Order was not appealed, the
applicant did not sue.
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How has it worked so far?
One Commission used the Program to review an NOI
and site for a riverfront redevelopment project
where the applicant claimed that the work did not
require any mitigation or restoration.
It was determined that mitigation and restoration
actually were required. As a result, almost
91,000 sf of restoration/mitigation was provided
that was not in the original NOI. In addition,
at the site visit an intermittent stream and bvw
were found that the applicant had missed. These
were in the area of proposed work so the
applicant had to do a wildlife habitat evaluation
of the bank and replicate the wildlife habitat of
the bank and replicate the bvw.
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How has it worked so far?
One Commission used the Program to review a high
priority NOI for a dam repair filed by the
State. The applicant was filing for limited
project status and did not perform a wildlife
habitat evaluation for gt 50 ft. of bank
alteration, and no wetland replication.
The review found that the project did qualify for
limited project status and required the applicant
to meet any performance standards it could.
Therefore, a wildlife habitat evaluation and
restoration for bank alteration and a bvw
replication plan were provided. Also, in review
of the projects attempts to avoid, minimize,
mitigate impacts it was determined that further
minimization could be attained by reducing
clearing on the site.
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How has it worked so far?
Currently BCAP is working with a Commission to
review a large proposal for a golf course. During
the site visit with the applicant BCAP felt that
the plans were not accurate and requested that
the applicant survey in the field the exact
location of some of the holes.
As it turned out, these holes were located in the
middle of a wooded wetland that was never flagged
or shown on the plans. When asked, the
consultants wetland person said he was never
asked to look at that far end of the site! Yet
somehow, they designed the golf course there. The
plans are obviously being revised.
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How has it worked so far?
inspections
One Commission is using the program to review the
application and plans and perform site
inspections with the Commission and the applicant
for every application they receive.
enforcement
Another Commission is using the program for help
writing Orders of Conditions and for assistance
with a difficult Enforcement case.
Another Commission is using the program for
training of Commission members on topics they
feel they need assistance with or when there are
changes in the regulations.
training
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So how do we start using the services of BCAP?
Once you have your consultant rules and
consultant fee account set up, check with your
communities purchasing agent or town accountant
for any standard procedures specific to your
community. Complete the contract and scope of
services (a copy is in the appendix) and submit
to BRPC and BCAP. Contact Terry Eucker to arrange
the details of the work you need performed, any
time limits, funding limits, work the Commission
wants to perform themselves, site visit
procedures, etc. Inform the applicant of the
procedure. An example document of the procedures
is included in the appendix that can be provided
to applicants. Billing will be sent to you from
BRPC. Use the fee to pay the bill, which you
should collect from the applicant prior to the
start of any consulting work.
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HOW TO OBTAIN SERVICES
CALL US and well come running Terry Plantier
Eucker 698-2172 Tom Matuszko 442-1521
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HOW TO OBTAIN SERVICES
Terry Plantier Eucker at BCAP_at_nycap.rr.com Tom
Matuszko at tmatuszko_at_berkshireplanning.org
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HOW TO OBTAIN SERVICES
Terry Plantier Eucker BCAP 12 Oak Rd. Pittsfield
MA 01201-8788
Tom Matuszko BPRC 1 Fenn St. Pittsfield MA 01201
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Someday, all of this will be yours.
THE END