Earle Street and Grove Street improvement plan and wetlands permitImportant:
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Massachusetts Department of Environ al rotection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
Northampton
Conservation Commission
To: Applicant
City of Northampton Department of Public Works
Name
125 Locust Street
Mailing Address
Northampton MA 01060
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
South Campus Infrastructure Improvements Sheet #1 -3 10/27/2008.
Title Date
Title Date
Title
2. Date Request Filed:
10/27/2008
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Project Location:
Grove Street
Street Address
N/A
Assessors Map /Plat Number
Property Owner (if different from applicant):
Name
Mailing Address
Northampton
City/Town
N/A
Parcel /Lot Number
Date
Milling and repaving an existing roadway and construction of a new sidewalk along the south side of
the street.
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is /are applicable to the proposed site and /or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc • Determination of Applicability • rev. 10 /6/04 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
wpaform2.doc • Determination of Applicability • rev. 10/6/04
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post- marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See "Attachment A"
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory /regulatory provisions)
❑ 6. The area and /or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
.:► r ►i
1
ame
C. Authorization
This Determination is issued to the applicant and delivered as follows:
I.i
by hand delivery on
acei8e2 e 3 aoo9
Date
Signatures:
Nov- 13r 2.00
Date
wpaform2.doc • Determination of Applicability • rev. 10 /6/04
❑ by certified mail, return receipt requested on
Date
CI hliq '2 331 of fit- ODE d azD! S
Ordinance or Bylaw Citation
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see http: / /www.mass.gov /dep /about /region.findyour.htm) and the
property owner (if different from the applicant).
Page 4 of 5
"ATTACHMENT A"
1. Prior to the initiation of any work, the applicant /owner shall submit a letter of
understanding to the Conunission stating that he /she has received, read, understands and
shall comply with these conditions. The applicant, and, his or her contractor, foreman
and /or construction manager shall sign the letter of understanding.
2. Prior to the initiation of any work, the applicant shall submit to the Coininission a
sequencing plan for construction, and erosion and sedimentation control installation.
3. Prior to the start of any site work, excavation or construction, a pre-construction conference
shall be held on the site, between the contractor conducting the work, the site /project
engineer, the applicant, and a member or agent of the Conservation Commission, in order
to ensure that the requirements of this Order are understood by all parties. Prior to the pre -
construction meeting, all erosion control devices must be installed.
4. All required permits must be obtained from the Army Corp of Engineers (Section 404,
Water Quality Certification), Planning Board, Zoning Board, Department of Public Works,
or Building Inspector prior to the start of any project.
5. A copy of these conditions and associated plans shall remain on site dtuing all construction
and /or building activities. The project manager and all equipment operators shall be
familiar with the approved plans, and shall be informed of their location on the site. This
location shall be accessible to all contractors whenever work is occurring on site.
6. All revised plans shall be approved by the Conservation Commission and incorporated into
the permit by reference and shall be followed during the course of construction.
7. The areas of construction shall remain in a stable condition at the close of each construction
day. Erosion control measures shall be inspected at this time, and maintained or reinforced
as necessary. All such devices shall be inspected, cleaned or replaced during construction
and shall remain in place until such time as stabilization of all areas that may impact
resource areas is permanent. These devices shall also be inspected to assure that the
maximum control has been provided. Any entrapped silt shall be removed to an area
outside the buffer zone and resource areas, and maintained or reinforced as necessary.
Erosion controls shall be inspected after every rainfall to assure that maximum control has
been provided.
8. An adequate stockpile of erosion control materials shall be on site at all times for
emergency or routine replacement and shall include materials to repair or replace silt
fences, straw bales, erosion control blankets, riprap, filter berms or other devices planned
for use during construction.
9. Soils exposed for periods greater than two months shall be stabilized with erosion control
blankets and netting, a covering of straw mulch, or a temporary cover of rye or other grass
to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with
a native perennial grass mixture. Any stabilization materials such as jute netting shall be
firmly anchored to prevent them from being washed from slopes by rain or flooding.
Preference should be given to biodegradable materials.
10. All disturbed areas shall be graded, loained and seeded, or stabilized with erosion control
blankets or netting, and a covering of straw mulch prior to November 30, of each year. No
disturbed areas or stockpiled materials will be left uulprotected or without erosion control
after this date.
11. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40
feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a
wetland, unless such areas are specifically approved by the Conunission, in accordance
with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 337.
• 12. Upon completion of the work covered by this Order, the applicant shall submit an as -built
plan, signed and stamped by a registered professional engineer or land surveyor. The plan
shall specify any ways that the completed project differs from the plans referenced in the
Determination. The as -built plan shall include, at a minimum, and as applicable to the
project: elevations of all pipe inverts and outlets, pipe sizes, materials, and slopes; all other
drainage structures; limits of clearing, grading, and fill; all structures, pavement, and
contours within 100 feet of wetland boundaries; all alterations within the wetland resource
areas; and all dates of fieldwork.
f
P
N 592 -17 -01
October 20, 2008
Office of Planning and Development
Northampton Conservation Commission
210 Main Street
Northampton, MA 01060
Re: Request for Determination of Applicability
South Campus Infrastructure Improvements
Grove Street
Northampton, Massachusetts
Dear Members of the Commission:
On behalf of the City of Northampton Department of Public Works (the City), we are
submitting nine (9) copies of this Request for Determination of Applicability (RDA) for
proposed improvements to Grove Street as part of the South Campus Infrastructure
Improvements in Northampton, Massachusetts. The proposed improvements will occur
within the limits of the existing roadway right -of -way (ROW) along Grove Street between
Chapel Street and Laurel Street. The improvements include milling and re- paving the
existing roadway, and construction of a new five foot wide sidewalk along the south side of
the street. A portion of the proposed work will occur within the 50 -foot (local) and 100 -foot
Buffer Zones of an intermittent stream, a wetland replication area and two isolated
vegetated wetlands / wet meadows. Copies of WPA Form 1 and the City of Northampton
Wetlands Application are provided in Appendix A. A USGS Site Locus (Figure 1) is provided
in Appendix B for your review and reference.
Tighe & Bond and the City are seeking a Negative Determination from the Commission
confirming that the proposed work is in the Buffer Zone of jurisdictional resource areas, but
that it will not alter an Area Subject to Protection under the Massachusetts Wetland
Protection Act (M.G.L. c. 131, §40) and its implementing regulations (310 CMR 10.00), or
the City of Northampton Wetlands Ordinance.
Site Description & Wetland Resource Areas
Tighe & Bond conducted site visits on September 17 and October 10, 2008 and made
observations regarding potential wetland resource areas in close proximity to the limits of
the proposed project. Wetland flag locations were located in the field with a survey grade
Global Positioning System (GPS) unit. An intermittent stream originates north of Grove
Street, and flows under Grove Street to the south via a concrete culvert. A wetland
replication area (DEP File # 246 -496) is located on the north side of Grove Street. Two -
isolated vegetated wetlands/ wet meadows (jurisdictional per the Northampton Wetlands
Ordinance) are located on the north and south sides of Grove Street, east of its intersection
with Laurel Street. Approximately 860 linear feet of the proposed work will occur within the
100 -foot Buffer Zones of jurisdictional resource areas. Of the 860 linear feet, 440 linear
feet of work will occur within the 100 -foot Buffer Zone of an intermittent stream and a
wetland replication area. 420 linear feet of the proposed work will occur within the 100 -foot
Buffer Zone of two isolated vegetated wetlands/ wet meadows. Approximately 480 linear
53 Southampton Road • Westfield, MA 01085 • Tel 413.562.1600 • Fax 413.562.5317
feet of the proposed work will occur within the 50 -foot Buffer Zone of jurisdictional resource
areas. Of the 480 linear feet, 240 linear feet of the proposed work will occur_ within the
foot Buffer Zone of an intermittent stream and a wetland replication area. 240 linear feet of
the proposed work will occur within the 50 -foot Buffer Zone of two isolated vegetated
wetlands/ wet meadows. Photographs are provided in Appendix C. Wetland resource areas
and Buffer Zones are depicted on the plans provided in Appendix E.
A /AA Series Flagging - Intermittent Stream
Hags A -1 to A -8 demarcate the top of Bank (east side) of the intermittent stream. Flags
AA -1 to AA -5 demarcate the top of Bank (west side) of the intermittent stream. This
intermittent stream continues along the south side of and parallel to Grove Street. For the
most part, the Bank of the stream is greater than 100 feet from the proposed work. The
stream is depicted as intermittent on the most recent USGS topographic map. According to
the USGS StreamStats (Massachusetts) program, the stream has a contributing watershed
size of 0.089 square miles. Therefore, per 310 CMR 10.58(2)(a)(1)(c)(i), the stream is
intermittent. Copies of the Streamflow Statistics Report and watershed delineation map are
provided in Appendix D.
B Series Flagging - Wetland Replication Area ,
Flags B -1 to B -6 demarcate the limits of a wetland replication area. According to Bruce
Young, Northampton Land Use and Conservation Planner, this area was created as a result
of houses constructed along Grove Street within the past two years. This work was
conducted under MA DEP File #246 -496.
C Series Flagging - Isolated Vegetated Wetland/ Wet Meadow
Flags C -1 to C -11 demarcate the limits of an isolated vegetated wetland/ wet meadow
within 100 feet of the proposed work. The hydrology of this area appears to be driven by
surficial runoff toward the southeast and a high groundwater table. Dominant vegetation
consists of reed canary grass (Phalaris arundinacea; FACW +). Soils in this location
consisted of dark grayish brown silty loam to fine sandy loam, with mottles within six inches
of the surface.
D Series Flagging - Isolated Vegetated Wetland/ Wet Meadow
Flags D -1 to D -11 demarcate the limits of an isolated vegetated wetland/ wet meadow
within 100 feet of the proposed work. The hydrology of this area appears to be driven by
surficial runoff from the north side of Grove Street (and C- series wetland) as well as surficial
runoff from a railroad bed, which runs east -west along the southernmost extent of this area.
Dominant vegetation consists of reed canary grass (arundinacea), silky dogwood (Corpus
amomum; FACW) and sensitive fern (Onoclea sensibilis; FACW). Soils in this location
consisted of dark grayish brown silty loam to fine sandy loam, with mottles within six inches
of the surface.
The project area is illustrated on FEMA Flood Insurance Rate Map (FIRM) Community Panel
No. 2501670002A, which was reviewed during the preparation of this RDA. According to
the FIRM, the project site is not within the 100 or 500 -year flood zones.
-2
0
The Massachusetts Natural Heritage and Endangered Species Program (NHESP) Atlas, 13
edition, dated October 1, 2008, and MassGIS online mapping (data updated October 2008)
were also consulted during the preparation of this RDA. According to these sources, a
portion of the proposed project area is located within the limits of mapped Priority and /or
Estimated Habitat. A MADEP Environmental Resource Areas Map is provided as Figure 2 in
Appendix B for your reference. An orthophotograph is provided as Figure 3 in Appendix B
for -your reference.
Proposed Activities
The scope of the project includes milling and re- paving the existing roadway, and
construction of a new five foot -wide sidewalk along the south side of the street. Granite
edging will be installed along both sides of the re -paved roadway. Approximately 180 linear
feet of 15 -inch storm drain and 60 linear feet of 18 -inch storm drain will be constructed
within the limits of Grove Street (east of the intersection with Laurel Street), and within the
100 -foot Buffer Zone. A manhole and two catch basins will also be installed as part of the
storm drain improvements. Selective tree Iimbing will occur east of house number 236
(along the south side of Grove Street and within the 50 -foot Buffer Zone). Additionally, a
fire hydrant located on the south side of Grove Street between house numbers 236 and 244
will be relocated. The area of proposed construction currently consists of maintained lawn
and edge of roadway.
Protective Measures
Wetland resource areas at the site will be protected with erosion control barriers (Filtrexx
compost Siltsoxx or approved equal). The filter sock will be staked approximately every ten
feet. Catch basin inlets will be protected by silt fence armored with hay bales. Erosion
control details are provided on Sheet 2 (Appendix E).
We trust these materials are sufficient for the Commission to issue a Negative
Determination (Negative 3), confirming that the proposed work will not compromise the
statutory interests of the Massachusetts Wetlands Protection Act or the Northampton
Wetlands Ordinance. We look forward to having the opportunity to discuss this project with
the Commission at their next hearing. Should you have any questions or require any
additional information, please contact Jessica Roberts at (413) 875 -1303 or me at (413)
572 -3264.
Very truly yours,
TIGHE & BOND, INC.
Todd M. Brown, P.E.
Vice President
Enclosures
Copy: Massachusetts Department of Environmental Protection (WERO) Wetlands Program
Edward Huntley, P.E., Director of Public Works, Northampton
J: \N \N0592 \Permitting \Grove Street \WETLANDS \RDA Cover Letter.doc
- 3 -
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
Massachusetts Department of Environmental Protectlon
Northampton
City/Town
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Bureau of Resource Protection - Wetlands
A.
1.
General Information
Applicant:
City of Northampton (Department of Public Works)
Name
125 Locust Street
Mailing Address
Northampton
City/Town
(413) 587 - 1570
Phone Number
2. Representative (if any):
Tighe & Bond, Inc.
Firm
Todd M. Brown
Contact Name
53 Southampton Road
Mailing Address
Westfield
City/Town
(413) 572 - 3264
Phone Number
B. Determinations
1. I request the Northampton
Name of Municipality
Conservation Commission
E -Mail Address
MA
State
(413) 587 -1576
Fax Number (if applicable)
TMBrown @tighebond.com
E - Mail Address
MA
State
(413) 562 -5317
Fax Number (if applicable)
01060
Zip Code
01085
Zip Code
make the following determination(s). Check any that apply:
® a. whether the area depicted on plan(s) and /or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced
below are accurately delineated.
• c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act.
• d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
Northampton
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaformi.doc Page 1 of 4
Massachusetts Department of Environmental Protei;..on
Bureau of Resource Protection - Wetlands Northampton
City/Tbwn
111 /PA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Grove Street (Roadway Right -of -Way) Northampton
Street Address City/Town
37, 38A and 38C N/A
Assessors Map /Plat Number Parcel /Lot Number
b. Area Description (use additional paper, if necessary):
Please refer to the RDA cover letter.
c. Plan and /or Map Reference(s):
South Campus Infrastructure Improvements - Grove Street (Sheets 1, 2 & 3) 10/15/08
Title Date
Title Date
Title Date
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
Please refer to the RDA cover letter.
wpaforml .doc Page 2 of 4