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2.02 2.2 SERVICES\Solitude Lake Management—Glen Lake Aquatic District for 2018—Waive Purchasing Policy—2-12-18 RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR 2018 LAKE MANAGEMENT CONTRACT IN CONNECTION WITH GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 277,2017, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 85,2017, the Town Board authorized engagement of Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in 2017, which Program provided for Solitude Lake Management's herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and WHEREAS, in Chapter 3(C)(2)(0 of the Town Purchasing Procedures,upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to engage the services of Solitude Lake Management for an Aquatic Vegetation Lake Management program for Glen Lake for the amount of $40,240, and for a "Curtain Installation" to reduce non-target impacts to aquatic vegetation for the additional sum of$2,800, in accordance with Solitude Lake Management's January 1, 2018 through December 31, 2018 Contract presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED, that the Town Board reviewed SEQRA and determines that there shall be a Negative Declaration, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Solitude Lake Management for an Aquatic Vegetation Lake Management program for Glen Lake for the amount of $40,240, plus an additional amount of$2,800 for "Curtain Installation" in accordance with Solitude Lake Management's January 1, 2018 through December 31, 2018 Contract substantially in the form presented at this meeting, contingent upon the Town's receipt of a proper certificate of insurance in form acceptable to the Town, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790- 4400 not to exceed $43,040 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Contract with Solitude Lake Management, Permit Applications with the New York State Department of Environmental Conservation and/or any other needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 12ffi day of February, 2018,by the following vote: AYES NOES ABSENT: SOLITUDE LAKE MANAGEMENT LAKE MANAGEMENT CONTRACT PROPERTY NAME: Glen Lake CONTRACT TERM: January 1, 2018 through December 31, 2018 SUBMITTED TO: Town of Queensbury and Paul Derby, Glen Lake Protective Association SUBMITTED BY: Brad Bowers DATE: November 20, 2017 SPECIFICATIONS: the scope of work described below includes services for managing invasive plant growth in Glen Lake during the 2018 season. This contract includes a spot treatments of Eurasian Water Milfoil in 2018. We guarantee greater than 85% control of EWM within the treatment areas. Permitting: 1. SOLitude staff will be responsible for the following: a. Obtaining any NYSDEC Aquatic Pesticide and Freshwater Wetland permits as needed to perform the work specified in this contract where applicable. b. Filing of any notices or year-end reports with the appropriate agency as required by any related permit. c. Notifying the client of any restrictions or special conditions put on the site with respect to any permit received, where applicable. d. Printing and providing posters for riparian notification requirements Pre-Treatment Survey: 1. An early season survey/inspection will be performed in April or May to determine the distribution and extent of invasive plant growth targeted for treatment. Lake Aquatic Weed Control: 1. Lake will be treated in 2018 using Renovate 3 herbicide for the control of Eurasian Water Milfoil. A spot treatment program will be performed that targets in-water concentrations of 2-2.2 ppb. The initial application is expected to occur during the May. Post Treatment Survey: 1. Post-treatment inspections will be performed following each herbicide treatment to assess treatment effectiveness. 2. Water samples will be collected during inspections for herbicide residue testing, as required by NYSDEC. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Glen Lake Conservation Society_NY Lake Management Contract_BB Page 2 of 6 Year End Report: 1. An end of the year report will be prepared and provided to the client. 2. Annual regulatory compliance reporting will be fulfilled as required. 3. The year-end report is anticipated to be submitted in November. Client Responsibilities: 1. Client will be responsible for the following: a. Providing information required for the permit application process upon request. b. Providing Certified Abutters List for abutter notification where required. c. Perform any public filings or recordings with any agency or commission associated with the permitting process, if required. d. Compliance with any Order of Conditions or other special requirements or conditions required by the local municipality. e. Compliance and enforcement of temporary water-use restrictions where applicable. f. Posting the shoreline with signs warning of the temporary water use restrictions to be imposed following treatment. SOLitude to provide pre-printed posters. General: 1. Contractor is a licensed pesticide applicator in the state in which service is to be provided. 2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is to be provided. 3. Contractor is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for site specific water quality management prescriptions, and utilizes an integrated approach that encompasses all aspects of ecologically balanced management. Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water quality enhancement products necessary to properly treat our clients' lakes and ponds as part of an overall integrated pest management program. 4. Contractor guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling. 5. All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests as specified in this contract will meet or exceed all of the contractor's legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA. Contractor will perform treatments that are consistent with NPDES compliance standards as applicable in and determined by the specific state in which treatments are Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM • Glen Lake Conservation Society_NY Lake Management Contract_BB Page 3 of 6 made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law. 6. Contractor will furnish the personnel, equipment, materials, and other items required to provide the forgoing at his expense. Equipment will include trucks, boats, amphibious vehicles, all-terrain vehicles, utility vehicles, high volume tank sprayers, low volume tank sprayers, back- pack sprayers and other small equipment as required to properly access and perform treatments in the designated areas. 7. Contractor will maintain general liability and workman's compensation insurance. 8. Customer understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat their lakes and ponds. The customer is responsible for notifying the contractor in advance of the contract signing and the start of the contract treatment if they utilize any of the water in their lakes or ponds for irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the customer for irrigation without the consent or knowledge of the contractor. 9. Although there is rarely direct fish toxicity with the products used for treatment when applied at the labeled rate, any time there is an extreme infestation of algae and aquatic weeds, there is a risk of dissolved oxygen drops as a result of large masses of algae and aquatic weeds dying and decomposing simultaneously. This risk is most severe in times of extremely hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen levels are naturally at their lowest levels. Often times lakes and ponds will experience natural fish kills under these conditions even if no treatment is performed. Every effort, to include the method and timing of application, the choice of products, and the skill and training of the applicators is made to avoid such problems. This risk is especially mitigated by the use of systemic herbicides wherever possible, which results in a very slow steady control of the target weed species. However, the customer understands and accepts that there is always a slight risk of the occurrence of adverse conditions outside the control of the contractor that will result in the death of some fish and other aquatic life. The customer also understands and accepts that similar risks would remain if the algae or submersed invasive vegetation present in the lake goes uncontrolled, as it will over time interfere with the health and well being of the existing fish population. The customer agrees to hold the contractor harmless for any issues with fish or other aquatic life which occur as described above, or are otherwise outside the direct control of the contractor, unless there is willful negligence on the part of the contractor. 10. Contractor is not responsible for treatment failures that result from dam or other structural failures, severe storms, flooding, or other acts of God that are outside of the control of the contractor. 11. Contractor shall be reimbursed by the client for any non-routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on the contractor by the client that are not covered specifically by the written specifications of this contract. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (52531 I SOLITUDELAKEMANAGEMENT.COM Glen Lake Conservation Society_NY Lake Management Contract_BB Page 4 of 6 12. The customer agrees to pay penalties and interest in the amount of 2% per month for all past due invoices and related account balances in excess of 30 days past due from the due date as specified by the contract and as stated on the relevant invoice presented to the customer. 13. The customer covenants and agrees to pay reasonable attorney's fees and all other related costs and expenses of SOLitude Lake Management®for collection of past due invoices and account balances and for any other actions required to remedy a material breach of this contract. Service & Payment Schedule: Task 1: Prepare and file Pesticide Permit applications with NYSDEC - inclusive of three (3) products and a meeting with the NYSDEC. (Note:any changes to the 2017 permitting process, may incur additional charges.) Jan/Feb $2,060.00 Payment due with contract signing Task 2: Perform pre-treatment survey and prepare final treatment maps. April/May $1,440.00 Payment due upon completion Task 3: Perform chemical treatment of up to 16 acres with Renovate 3 @ herbicides inclusive of all labor, chemical & equipment needed for the treatment. (Note:should less acreage require treatment or a different herbicide application rate be required the cost will be adjusted accordingly) May $30,395.00 Payment due upon completion Task 4: Post-treatment survey, herbicide residue testing assuming 2 sampling round and analysis of 5 samples is required, preparation and submittal of the required written project completion report to the State. (Note:The number and frequency of post-treatment herbicide residue samples is determined by the NYDEC following approval of the NYDEC final treatment map. SOLitude is only responsible for coordination of sample collection and has no influence on the number of samples required by the NYSDEC Permit. Should additional sampling be required, there will additional charges of $150-$250/sample analyzed and$350-$650 per sample collection round.) June - $2,095.00 Payment due upon completion Task 5: Late Season Vegetation Survey and Year End Report, including annual regulatory compliance reporting. August/September $4,250.00 Payment due upon completion Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Glen Lake Conservation Society_NY Lake Management Contract_BB Page 5 of 6 Total: $40,240.00* *Note: adjustments to the program cost will be confirmed with the Client in advance; payment is due within 30 days of an invoice date APPROVED: SOLitude Lake Management® Town of Queensbury (Authorized Client Signature) (Print Name and Title) (Date) Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Glen Lake Conservation Society_NY Lake Management Contract_BB Page 6 of 6 ADDITIONAL RECOMMENDATIONS: Curtain Installation, Glen Lake: Our 2018 permit to treat Glen Lake requires the installation of two curtains to reduce non- target impacts to aquatic vegetation. Below is the contract price for the installation of 2 (two)-4 (four) curtains which will be installed in the inlet of the Main Inlet. SOLitude Lake Management will install the curtains prior to treatment and remove once the permit requirements have been met. ADDITIONAL PRICE: $2800.00 *NY Sales Tax will be added if applicable* APPROVED: SOLitude Lake Management® Town of Queensbury (Authorized Signature) (Print Name and Title) (Date) Thee Stewards ofWater Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Town of Queensbury Name of Action or Project: Glen Lake Project Location(describe,and attach a location map): Glen Lake,Queesnbury,Warren County,NY Brief Description of Proposed Action: The proposed action is to control the nuisance,invasive plant species Eurasian water milfoil(Myriophyllum spicatum)in the 2018,2019 and 2020 season. Eurasian water milfoil has negatively effected recreation and property values and a control program using aquatic herbicides and hand harvesting is proposed for the 2018-2020 season. This permit seeks to allow for the use of herbicide active ingredients Triclopyr, Endothall,2-4D,Fluridone or Arylpicolinate(Waiting NYS Registration)within the proposed time frame. A maximum of up to 75 acres annually is proposed for the treatment area and the program is to control Eurasian water milfoil while allowing for native vegetation to increase in abundance. The 2018 proposed action is to treat a maximum of 20 acres with Renovate 3(Triclopyr). The proposed plan for 2019 and 2020 will be based on the success of the 2018 treatment and potential approval of Procellacore(Arylpicolinate). Name of Applicant or Sponsor: Telephone: 518-623-1285 Town of Queensbury E-Mail: - iohns@queensbury.net Address: 53 Lake Shore Drive City/PO: State: Zip Code: Queensbury NY 12804 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ n may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: NYSDEC-Aquatic Pesticide and Freshwater wetland permits. Notice of Intent permit-NYSDEC 7 3.a.Total acreage of the site of the proposed action? 320 acres b.Total acreage to be physically disturbed? Up to 75 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 320 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban m Rural(non-agriculture) ❑Industrial 0 Commercial m Residential(suburban) OForest ❑Agriculture 10Aquatic mOther(specify): Public Recreation and Wildlife Habitat ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ ✓❑ b.Consistent with the adopted comprehensive plan? ❑ a ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 0 El 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:CEU-Glen Lake and surrounding areas Ri 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES a ❑ b.Are public transportation service(s)available at or near the site of the proposed action? 0 ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? J n 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 111 ❑ N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 0 ❑ N/A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? 0 ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? 0 a If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Wetland GF-71 The final of the project is to control the invasive arivatin plant species Eurasian water milfnil- 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: El Shoreline ❑Forest 0 Agricultural/grasslands ❑Early mid-successional El Wetland 0 Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ ❑✓ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, 0 Ela.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO OYES Page 2 of 4 • 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ T7 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: , ri 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: C I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? Lj 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate r Ti reasonably available energy conservation or renewable energy opportunities? L- 7. Will the proposed action impact existing: TiI a.public/private water supplies? I , b.public/private wastewater treatment utilities? I I Ti 8. Will the proposed action impair the character or quality of important historic,archaeological, I I architectural or aesthetic resources? I I 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, l l Elwaterbodies,groundwater,air quality,flora and fauna)? I Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? n Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ✓❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. • Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 S1T . D .. LAKE MANAGEMENT 2018 Permit Application Instructions • In this envelops should be one or more of the NYSDEC permit applications that will require signature. It may also include other documents that need signatures. • Please sign and date any of the areas that are highlighted on the permit applications or other documents that require signature. These areas will also be marked with a signature sticker. • If you are mailing out letters of notifications to residents, please be sure to include the date in which they were sent in section 11. of the permit application. This area will also be marked with a signature sticker. • Please send an updated list of addresses in the return envelope to be used in the final permit application unless SOLitude Lake Management is generating the list. • If you are doing the mailing, please make sure the date the letters are sent out is on or before the date that is recorded in the signature portion of the letter. For example: if the letters were mailed out on 2/4/2018 the signature pages cannot be dated 1/31/2018. • If SOLitude Lake Management is doing the mailing it will be filled in for you. • Only the documents requiring signatures will be included in this envelope. • Please return all signed documents using the pre-addressed FedEx envelope that is included. • Check https://local.fedex.com for your nearest FedEx drop off location. If you have any questions feel free to email or call. Jason Luce JLuce@solitudelake.com 607-217-8712 TX-NEW YORK Department of STATE OF AQV(11/2016) OPPORTUNITY Environmental Conservation FOR DEC USE: Application Number NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION(DEC) Water Body Name DIVISION OF MATERIALS MANAGEMENT-BUREAU OF PEST MANAGEMENT APPLICATION FOR A PERMIT TO USE A PESTICIDE Date Received FOR THE CONTROL OF AN AQUATIC PEST-TITLE 6 NYCRR PART 327/328/329 Fee Receipt Number htto://www.dec.nv.00vichemica1/8530.html Type of Application SUBMIT THE APPLICATION 3 MONTHS BEFORE THE PROPOSED TREATMENT New Previous# A CHECK OF$100 MUST ACCOMPANY THE PERMIT APPLICATION REFER TO THE ATTACHED APPLICATION INSTRUCTIONS NYCDEP/APA/Other 1. PERMIT APPLICANT INFORMATION Name of Permit Applicant/Association/Agency:Town of Queensbury Name of Authorized Person signing the Application: (if on behalf of an Association/Organization) John Strough, Town Supervisor Mailing Address 742 Bay Road City:Queensbury State: NY Zip Code: 12804 Telephone Email: Website: Number: 518-761-8229 johns@queensbury.net www.queensbury.org The Permit Applicant is a (check appropriate): Riparian Owner: ✓ Lessee: Association of Riparian Owners: 17 If the Permit Applicant is an Association of Riparian Owners/Lessees, a copy of the Board of Directors resolution in support of the proposed pesticide application must be attached Other: (please explain) 2. PESTICIDE APPLICATOR INFORMATION Name of Pesticide Business/Agency performing application (ifapplicable):SOLitude pplicable):SOLitude Lake Management LLC Business/AgencyTelephone 888-480-5253 Contact: Brad Bowers Registration Number: 6505 Number: Business Mailing Address:338 Mather Road, Suite 1 City:Oneonta State: NY Zip Code: 13820 Email: Website: bbowers@solitudelake.com www.solitudelakemanagement.com Name of Certified Applicator(s) Certified Applicator(s) performing application: TBD - See attached list Identification Number: Mailing Address: Same as above (if different than Business Address) City: State: Zip Code: Telephone Number: 1 3. PERMIT HISTORY Have you previously been issued an aquatic permit for this water body? Yes ✓ No If Yes, provide the prior permit number(s)..5-5234-00521/00012, 00013, 00014,00015,00016,00017 Is the application identical to one covered by a previous permit? Yes No If Yes, provide the prior permit number: Iv Describe any other permitted projects, alternative pest management projects, or relevant studies concerning the water body? (attach separate documentation) A previous aquatic plant management plan has been submitted and is attached.Yearly aquatic vegetation surveys have also been conducted since 2009. What are the goals of the proposed permit application? The goal of the pesticide application is to reduce the incidence of aquatic invasive plant species and promote the growth and regeneration of more desired native aquatic plant species.The goal is to continue to reduce the density of Eurasian Watermilfoil(Myriophyllum spicatum) to a level where alternative lake management strategies can be used to maintain low levels of invasive plant species. 4.WATER BODY INFORMATION Namwaterebod Glen Lake of DEC water classification B flowing into AA y (e.g. Class A, Class B): Address or location 43° of water body: 21 '50.2"N 73°40'29.2"W County where Town where water body is located:Warren water body is located: Queensbury Are fish present? Yes ✓ No n Are fish stocked? Yes I,/ No If fish are present,see the Instructions for AQV Section#4. Are there any regulated freshwater or tidal wetlands associated with the Yes ✓ No proposed treated waters? Do application sites include lands under the control of the DEC? Yes [1 No If Yes, Fit 1 please specify: Total water bodyAverage Latitude: size in acres: 320 depth in feet: 18 Longitude:43°21'50.2"N 73°40'29.2"W Water body uses (Check all that a ply): Swimming ✓ Irrigation Livestock Potable Domestic Fishing watering water uses I v I water uses 'v I Other uses (list) Boating 5.A DETAILED MAP MUST BE INCLUDED WITH THIS APPLICATION • The exact map scale size and average depths of the water body. • The outline and average depths of the application site(s),with all streams/treated sites/catch basins clearly identified. • Inlets and outlets to the water body. (if the applicant can't control the outflow, also include the downstream watershed map information for Attachment D- Downstream Modeling) • Location of known designated bathing sites, livestock watering sites,water intakes, public lands contiguous to the water body, public boat launches and any other features relevant to the application. • Wetlands contiguous to the water body. 2 6.WATER BODY APPLICATION INFORMATION (FILL OUT THE APPLICABLE LETTERED SECTION) A.Whole or Partial Water Body Application: Total number of 1 application sites: Surface acres of each 150 application site: Total application area 150 in surface acres: Average depth of 1 O each application site: Total numberof acrefeet: up to 1500 acre feet acre B. Stream Application for Black Fly or Lamprey Control: Miles of streams Stream flow estimates treated: n/a in cubic feet per second (cfs): n/a C. Mosquito Larvaciding Application: Number of sitesTotal or catch basins: n/a acreage/sq ft: n/a 7. PESTICIDE APPLICATION INFORMATION (A COMPLETE PESTICIDE LABEL MUST BE ATTACHED TO THE APPLICATION) Pesticide name: Sonar AS Pesticide active ingredient: Fluridone %Active Ingredient: 41 .7 % Pesticide EPA Registration Number: 67690-4, SLN NY-95-0002 Formulation: Liquid Application rate: 0.03 gal I acre foot (e.g. gals/acre ft. or gals/surface acre) Dosage rate: (e.g. ppm, ppb) 45 ppb Total number of applications: to 3 (including bump/split applications) up Approximate date(s) of application: 4/1/2018 - 6/15/2018 (including bump/split applications) Amount of pesticide needed to 45 gallons per application: up Total amount of pesticide needed to 135 gallons per calendar year: up Target pest: (scientific and common name) Eurasian Watermilfoil (Myriophyllum spicatum) Method of application (e.g. sprayed Boat bycalibrated spraynozzles on surface, bag dragged behind boat): If the proposed application involves n/a an aircraft, indicate FAA Number(s): 3 8.WATER USE RESTRICTIONS List all the applicable water use restrictions as stated on the label/SLN, in 6 NYCRR 327.6, or the applicable water quality standards. Swimming 24 horus Irrigation 30/14 days and < 1 ppb concentration for hydroponics Livestock watering None Potable water uses < 50 ppb at time of consumption Domestic water uses < 50 ppb at time of use Fishing None Other 9. OUTFLOW AND DOWNSTREAM MODELING Does this water body have an outlet? Yes ✓ No If yes, can the applicant hold the water during and for the required water use Yes ri No ✓ restrictions after the application? nCheck the box if the applicant proposes to hold the water for the required water use restrictions,fill out Attachment C, and describe how the water will be held. I v Check the box if the applicant cannot hold the water for the required water use restrictions, see Attachment D, and complete the Downstream Modeling spreadsheet. 10. RIPARIAN OWNER/USER NOTIFICATIONS If there is more than one riparian owner, or vested riparian users, these riparian owners and users must be notified in writing of the application and the water use restrictions, and their right to object. (See Attachment A- Sample Riparian Letter) If there will be outflow of treated waters through lands owned by other than the sole water body riparian owner, they too must be notified. (See Attachment D - Downstream Modeling) 11. CERTIFICATION OF NOTIFICATION OF RIPARIAN OWNERS AND USERS The applicant must complete and sign the Certification of Notification of Riparian Owners and Users below. A copy of the notification letter and a list of riparian owners/users to whom the notification letter was sent must accompany this application. Check all appropriate statements: All owners of real property abutting the body of water proposed to be treated pursuant to this application, a list of whom is attached to this application, have been notified by letter of the proposed ripesticide permit. This list includes property owners abutting the outflow from this body of water, if the water is not to be held in the treated water body for the period of time during which use of water is restricted. Such letters were mailed or personally delivered on / / . A copy of the letter is attached. flA review of the appropriate real property tax records indicates that no person other than the applicant owns any real property abutting the water body proposed to be treated. A person(s), not owning abutting real property, possesses vested legal right to use the water body proposed to be treated. All such persons, and the nature of their right to use of the water proposed to be treated is attached. Such letters were mailed or personally delivered on / / . A copy of the letter is attached. To my knowledge, no person other than the applicant possesses any vested legal right to use the water body treated pursuant to this application. Name: If Applicant is not an individual,include the title of signatory: Signature:. Date:; 4 12.AFFIRMATION: The applicant/applicator guarantees that they will employ the listed pesticides in conformance with all conditions of the permit and agrees to accept the following conditions as a prerequisite to the issuance of a permit: that the issuance of the permit is based on the accuracy of all statements presented by the applicant/applicator; that damage resulting from the inaccuracy of any computations, improper application of the pesticide, or legal responsibility for the representations made in obtaining approvals or releases, or the failure to obtain approvals or releases from the riparian owners/users likely to be affected is the sole responsibility of the applicant/applicator. I hereby affirm under penalty of perjury that information on this form is true to the best of my knowledge and belief. False statements made herein are punishable as a Class "A" misdemeanor pursuant to Section 210.45 of the Penal Law. Signature of Permit Applicant or'Representative:: Title Date: Signature of Certified Applicator: Title Date: 13. NOTES Do not treat more than 1/3 to 1/2 of the water area in a single operation and wait at least 10 to 14 days between treatment. Begin treatment along the shore and proceed outwards in bands to allow fish to move into untreated areas. A DO test will be performed prior to treatment to ensure acceptable levels within the water. 5 YO K Department of Office of Department TATE Environmental General Services of State L �o Conservation US Army Corps of Engineers a JOINT APPLICATION FORM For Permits for activities activities affecting streams,waterways,waterbodies,wetlands, coastal areas,sources of water, and endangered and threatened species. You must separately apply for and obtain Permits from each involved agency before starting work. Please read all instructions. 1. Applications To: >NYS Department of Environmental Conservation ✓ Check here to confirm you sent this form to NYSDEC. Check all permits that apply: Dams and Impound- Tidal Wetlands Water Withdrawal Stream Disturbance ment Structures I I Wild, Scenic and Long Island Well Excavation and Fill in 401 Water Quality Recreational Rivers Incidental Take of Navigable Waters Certification Coastal Erosion Endangered/ Docks, Moorings or ✓ Freshwater Wetlands Management Threatened Species Platforms >US Army Corps of Engineers Check here to confirm you sent this form to USACE. Check all permits that apply: Section 404 Clean Water Act Section 10 Rivers and Harbors Act Is the project Federally funded? n Yes El No If yes, name of Federal Agency: General Permit Type(s), if known: Preconstruction Notification: F-1 Yes El No >NYS Office of General Services Check here to confirm you sent this form to NYSOGS. Check all permits that apply: State Owned Lands Under Water Utility Easement(pipelines,conduits,cables,etc.) n Docks, Moorings or Platforms >NYS Department of State Check here to confirm you sent this form to NYSDOS. Check if this applies: Coastal Consistency Concurrence 2. Name of Applicant Taxpayer ID(if applicant is NOT an individual) John Strough Mailing Address Post Office/City State Zip 742 Bay Road Queensbury NY 12804 Telephone 518-761-8229 Email johns@queensbury.net Applicant Must be (check all that apply): Owner ✓ Operator Lessee 3. Name of Property Owner(if different than Applicant) Mailing Address Post Office/City State Zi Telephone Email A For Agency Use Only Agency A pP Application Number. �.;, ` JOINT APPLICATION FORM 08/16 Page 1 of 4 JOINT APPLICATION FORM—Continued. Submit this completed page as part of your Application. 4. Name of Contact/Agent Brad Bowers, SOLitude Lake Management Mailing Address Post Office/City State Zip 310 E Washington Ave Ste.C Washington NJ 07882 Telephone 888-480-5253 Email SMertes@solitudelake.com 5. Project/Facility Name Property Tax Map Section/Block/Lot Number: Glen Lake Project Street Address, if applicable Post Office/City State Zip 742 Bay Road Queensbury NY 12804 Provide directions and distances to roads, intersections, bridges and bodies of water Intersection Glen Lake Road and Fitzgerald Road Queensbury, NY 0 Town 0 Village D City County Stream/Waterbody Name Queensbury Warren Glen Lake Project Location Coordinates: Enter Latitude and Lon•itude in degrees, minutes,seconds: Latitude: 43 ° 21 ' 50.2 Longitude: 73 ° 40 ' 29.2 6. Project Description: Provide the following information about your project. Continue each response and provide any additional information on other pages. Attach plans on separate pages. a. Purpose of the proposed project: The proposed action is to control the nuisance,invasive plant species Eurasian water milfoil(Myriophyllum spicatum)in the 2018,2019 and 2020 season. A control program is sought using aquatic herbicides and hand harvesting is proposed for the 2018-2020 season. This permit seeks to allow for the use of herbicide active ingredients Triclopyr, Endothall,2-4D, Fluridone or Arylpicolinate. b. Description of current site conditions: Eurasian water milfoil was present throughout sections of the lake and had increased in abundance over the previous two season. c. Proposed site changes: A maximum of up to 75 acres annually is proposed for the treatment area and the program is to decrease the abundance of Eurasian water milfoil while allowing for native vegetation to increase in abundance. • d. Type of structures and fill materials to be installed, and quantity of materials to be used(e.g., square feet of coverage, cubic yards of fill material, structures below ordinary/mean high water, etc.): N/A e. Area of excavation or dredging,volume of material to be removed, location of dredged material placement: N/A f. Is tree cutting or clearing proposed? ❑ Yes If Yes, explain below. C No Timing of the proposed cutting or clearing (month/year): Number of trees to be cut: Acreage of trees to be cleared: JOINT APPLICATION FORM 08/16 Page 2 of 4 JOINT APPLICATION FORM—Continued. Submit this completed page as part of your Application. g. Work methods and type of equipment to be used: Appropriate application equipment(GPS Tracking,Granular Spreaders,Venturi or Calibrated Sprayers)and an air-boat will be used to accurately apply the product over designated treatment areas. h. Describe the planned sequence of activities: A NYSDEC Aquatic Pesticide and Freshwater Wetland permits will be filled. Once the permits are received the treatment will be scheduled with 7 day notice. Following notice the herbicide application will be completed,with post monitoring being conducted in order to assess treatment efficacy and guide further management efforts. i. Pollution control methods and other actions proposed to mitigate environmental impacts: Appropriate product storage and handling will be used to reduce any chance of environmental impacts. Pollution spill kits will also be present on the boats as well as on shore. j. Erosion and silt control methods that will be used to prevent water quality impacts: N/A k. Alternatives considered to avoid regulated areas. If no feasible alternatives exist, explain how the project will minimize impacts: I. Proposed use: Private ✓ Public Commercial m.Proposed Start Date: 4/15/2018 Estimated Completion Date: 8/31/2020 n. Has work begun on project? ❑ Yes If Yes, explain below. E No o. Will project occupy Federal, State, or Municipal Land? Yes If Yes, explain below. ❑ No Part of State Regulated Wetland p. List any previous DEC, USACE, OGS or DOS Permit/Application numbers for activities at this location: 5-5234-00521/00008&00009(2014)00010&00011 (2015)00012,00013&00014(2016),00015(2017) q. Will this project require additional Federal,State, or Local authorizations, including zoning changes? Yes If Yes, list below. E No NYSDEC Aquatic Pesticide and Freshwater Wetlands Permits, Notice of Intent permit NYSDEC JOINT APPLICATION FORM 08/16 Page 3 of 4 JOINT APPLICATION FORM—Continued. Submit this completed page as part of your Application. 7. Signatures. Applicant and Owner(If different) must sign the application. Append additional pages of this Signature section if there are multiple Applicants, Owners or Contact/Agents. I hereby affirm that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. Permission to Inspect- I hereby consent to Agency inspection of the project site and adjacent property areas. Agency staff may enter the property without notice between 7:00 am and 7:00 pm, Monday- Friday. Inspection may occur without the owner,applicant or agent present. If the property is posted with"keep out"signs or fenced with an unlocked gate, Agency staff may still enter the property.Agency staff may take measurements, analyze site physical characteristics,take soil and vegetation samples,sketch and photograph the site. I understand that failure to give this consent may result in denial of the permit(s)sought by this application. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the NYS Penal Law. Further,the applicant accepts full responsibility for all damage,direct or indirect, of whatever nature, and by whomever suffered,arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C., Section 1001 provides for a fine of not more than$10,000 or imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals, or covers up a material fact; or knowingly makes or uses a false,fictitious or fraudulent statement. Signature of Applicant Date Applicant Must be(check all that apply): Owner ri Operator Lessee Printed Name Title Signature of Owner(if different than Applicant) Date Printed Name Title Signature of Contact/Agent Date Printed Name Title For Agency Use Only DETERMINATION OF NO PERMIT REQUIRED Agency Application Number (Agency Name) has determined that No Permit is required from this Agency for the project described in this application. Agency Representative: " Printed - Title Name Signature Date JOINT APPLICATION FORM 08/16 Page 4 of 4 LETTER OF NOTIFICATION Date:January 2na, 2018 Re: Proposed Lake Management Program—Glen Lake The Town of Queensbury has applied with the NYSDEC to use the aquatic herbicide Renovate 3 or Sonar AS and Sonar H4C in the spring or summer of 2018 to control Eurasian Watermilfoil in areas of the lake, thus improving water quality conditions as well as recreational and aesthetic values. The Town will use funds obtained through the Glen Lake Aquatic Plant Management District to acquire the permit and contract for an aquatic herbicide application for Glen Lake. The Program will be conducted under the supervision of NYSDEC certified personnel with the lake management firm SOLITUDE LAKE MANAGEMENT, NYSDEC Pesticide Business Registration No.16505. A NYSDEC permit application has been submitted for approval for the application of the herbicide Renovate 3, Sonar AS and Sonar H4C. It is anticipated that spot treatment applications of up to 15.52 acres will take place sometime between May 1st and June 1S`. Notification of the actual date of the treatment will be submitted to the Town and NYSDEC 7 days prior to application and will be posted along the shoreline on the day of the application. The roads along the lakeshore will be posted at the time of the treatment indicating applicable water use restrictions.The water use restrictions will be in effect for the duration of the treatment PLUS the timeframes indicated in the table below. The timeframes start as soon as the treatment has ended. Water use restrictions are as follows: Product Swimming/Bathing Fishing Animal Consump- Drinking,culinary or food pro- Irrigation tion cessing purposes Renovate 3 During Treatment None None <50 ppb 120 Days or and 3hrs after Sonar AS 24hrs None None <50ppb 30/14 D or*ys 30/14 Sonar H4C None None None <50 ppb Days or* *Do not use Sonar AS or Sonar H4C treated water to irrigate until concentrations are less than 1 ppb on: annual nursery or greenhouse crops including hydroponics and newly seeded or transplanted annual crops, newly seeded or transplanted ornamentals and newly seeded or seeded turf. There is no restriction for irrigating established turf,ornamental plants and crops. *Water treated with Renovate may not be used for irrigation purposes for 120 days after application or until residues levels of Renovate 3 are determined by laboratory analysis, or other appropriate means of analysis to be 1 ppb or less. The product label is available for review on Solitude Lake Management's website http://www.soli- tudelakemanaQement.com/product-labels-new-work. In the event that you as a riparian owner or vested ri- parian user have any questions or objections to the proposed aquatic plant management program or water use restrictions,please contact the following agency within 21 days of receipt of this notice. Your objection must be in writing and demonstrate that your use of water will be significantly adversely affected(per the NYSDEC's policy). Lack of comment will be considered consent to the treatment and water use re- strictions. Brian Primeau Bureau of Pest Management NYSDEC,Region 5 232 Golf Course Road Warrensburg,NY 12885-0220 If you wish further information about the proposed management program or need hard copies of the product label,please contact Paul Derby(GLPA)at 518-761-7015 or SOLitude Lake Management at 888-480-5253 between 9:00 am and 4:00 pm,Mon-Fri. New York State Department of Environmental Conservation abase w PERMISSION TO INSPECT PROPERTY By signing this permission form for submission with an application for a permit(s)to the Department of Environmental Conservation ("DEC"),.the signer consents to inspection by DEC staff of the project site or facility for which a permit is sought and, to the extent necessary, areas adjacent to the project site or facility. This consent allows DEC staff to enter upon and pass through such property in order to inspect the project site or facility, without prior notice,between the hours of 7:00 a.m.and 7:00 p.m.,Monday through Friday. If DEC staff should wish to conduct an inspection at any other times, DEC staff will so notify the applicant and will obtain a separate consent for such an inspection. Inspections may take place as part of the application review prior to a decision to grant or deny the permit(s)sought. By signing this consent form,the signer agrees that this consent remains in effect as long as the application is pending, and is effective regardless of whether the signer,applicant or an agent is present at the time of the inspection. In the event that the project site or facility is posted with any form of"posted"or"keep out"notices,or fenced in with an unlocked gate,this permission authorizes DEC staff to disregard such notices or unlocked gates at the time of inspection. The signer further agrees that during an inspection,DEC staff may,among other things, take measurements, may analyze physical characteristics of the site including, but not limited to, soils and vegetation(taking samples for analysis), and may make drawings and take photographs. Failure to grant consent for an inspection is grounds for, and may result in, denial of the permit(s) sought by the application. Permission is granted for inspection of property located at the following address(es): Glen Lake,Queensbury,NY By signing this form,I affirm under penalty of perjury that I am authorized to give consent to entry by DEC staff as described above. I understand that false statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law.* Print Name and Title Signature Date *The signer of this form must be an individual or authorized representative of a legal entity that: • owns fee title and is in possession of the property identified above; • maintains possessory interest in the property through a lease,rental agreement or other legally binding agreement;or • is provided permission to act on behalf of an individual or legal entity possessing fee title or other possessory interest in the property for the purpose of consenting to inspection of such property. Permission to Inspect Property Application Supplement 12/08 F r n _ SOLITUDE r£ = t LAKE -MANAGEMENT �. • January 9th, 2018 Bureau of Pesticides NYSDEC,Region 5 232 Golf Course Road Warrensburg,NY 12885 (518) 623-1200 Re: Resolution in Support of Pesticide Treatment, Glen Lake, Glen Lake Protective Association, Queensbury, NY To Whom It May Concern: In accordance with the stipulations of the NYSDEC Aquatic Pest Control Permits, I hereby authorize, on behalf of Glen Lake Protective Association that SOLITUDE LAKE MANAGEMENT, be allowed to conduct pesticide treatments during the 2018 season in Glen Lake Lake, Queensbury, NY. I fully support the proposed treatment program and understand that Solitude Lake Management will be solely in charge of all pesticide applications for the duration of 2018. Sincerely, Signed by: Title: Glen Lake Protective Association 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential.