Concord NRC presses for formal invasive‑species plan in enforcement case at Noel Road

The Natural Resources Commission on an enforcement matter for 71–107 Noel Road (BP file 1371315) spent the bulk of its meeting discussing how to manage extensive invasive plants on the site and how to sequence remediation alongside required plantings.

Dan Bailey, attorney at Pierce Atwood, told the commission staff and counsel have been “back and forth” and that the parties are “very close” to resolving plan details but that a remaining disagreement centers on the scope of note 6 in the plans and the practical limits of invasive removal. Staff and commissioners described knotweed and phragmites as present on and adjacent to the site and debated whether the invasives likely arrived by construction fill or by other means.

Commissioners and staff pressed for a written invasive‑management plan prepared by a qualified professional that explicitly lists target species and the proposed treatment methods. Commissioners and staff described two broadly accepted approaches in the local practice: hand removal or 'cut‑and‑dab' stem injection for phragmites and knotweed, or targeted application by a licensed herbicide applicator where access and species composition require it. Staff said Monique is not licensed to apply herbicide and that the commission would expect a licensed applicator for any chemical treatment.

Several speakers emphasized sequencing: limited hand‑digging and planting can occur in small, accessible areas this fall, but larger‑scale invasive treatment and herbicide work may need to be scheduled and documented as a multiyear program. Commissioners reserved the right to evaluate plantings and remediation outcomes and asked for a revised plan showing invasive removal prescriptions and phenomarker locations before the next substantive review. The commission indicated it would allow some planting to proceed at the applicant’s risk if the revised documentation is not yet finalized.

The discussion repeatedly returned to feasibility: whether some stands could be removed by hand, where stem‑injection is required, and where confined areas accessible only by mechanical means would require specialized approaches. Staff and commissioners instructed the applicant to provide a management plan and indicated the commission expects to see a schedule and reporting for work that continues through the enforcement period.