I-91 Determination of ApplicabilityTraffic Management 2006Important:
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Northampton
City/Town
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
1.
Applicant:
Albert R. Stegemann, P.E.- District #2 Highway Director
Name
811 North King Street
Mailing Address
Northampton
City/Town
(413) 582 -0599
Phone Number
2. Representative (if any):
Massachusetts Highway Department, District. #2
Firm
Timothy Meyer, District Environmental Engineer
Contact Name
811 North King Street
Mailing Address
Northampton
City/Town
(413) 582 -0543
Phone Number
Name of Municipality
N/A
E -Mail Address
MA
State
(413) 582 -0596
Fax Number (if applicable)
N/A
E -Mail Address
MA
State
(413) 582 -0599
Fax Number (if applicable)
01060
Zip Code
01060
Zip Code
B. Determinations
1. I request the Northampton make the following determination(s). Check any that apply:
Conservation Commission
❑ 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:
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaforml.doc Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Northampton
City/Town
WPA 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):
1 -91 Northampton
Street Address
N/A
Assessors Map /Plat Number
City/Town
N/A
Parcel /Lot Number
b. Area Description (use additional paper, if necessary):
Interstate 91- The work area consists of 1 -91 of the State Highway Layout in the City of Northampton
from the Easthampton /Northampton Town Line to the Northampton /Hatfield Town Line. The total
project length in the City of Northampton is approximately 6.0 miles.
c. Plan and /or Map Reference(s):
U.S.G.S. Locus Map (Exhibit #1) 10 -02 -2006
Title Date
Typical Section (Exhibit #2) Undated
Title Date
Plans (Sheets 1, 2, 3, 12, 13 and 14) (Exhibit #3) 10 -24 -2006
Title Date
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
Please see Exhibit #4 and Exhibit #5
wpaforml.doc Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Northampton
City/Town - -- _
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
310 CMR 10.58(6)(a) — Riverfront Area. Any... road... in existence prior to August 7, 1996.
Maintenance of such structures or areas is allowed (including any activity which maintains a
structure, roads (limited to repairs, resurfacing, repaving, but not enlargement), clearing, landscaping,
etc. in it existing condition) without filling a Notice of Intent for work within the riverfront area, but not
when such work is within other resource areas or their buffer zone... ". As part of normal highway
maintenance and to facilitate the work, it is expected that clearing of vegetation will occur within the
proposed work zone(s). Also, it is expected that the work, as proposed, will not remove, fill, dredge,
or alter any resource areas.
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off -site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification
above (use additional paper and /or attach appropriate documents, if necessary.)
wpaforml .doc Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Northampton
City/Town_
WPA Form 1- Request for Determination of Applicability
Massachusetts W etlands Protection Act M.G.L.c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office were sent a complete copy of this Request (including all appropriate documentation)
simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
Name
Mailing Address
City/Town
State
Signatures:
Zip Code
Signature of Applicant AUw Date
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
ure of Representative (if Date
ra,b5'bc.
wpaforml.doc Page 4 of 4
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MASSACHUSETTS
EXECUTIVE OFFICE
OF TRANSPORTATION
MASS
HIGHWAY
District 2
10 -02 -06
Project # 603903
Northampton, I -91
Intelligent Transportation System (ITS)
IJ,S.GS. Locus Map
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tab
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
A. General Information
From:
Northampton
Conservation Commission
To: Applicant Property Owner (if different from applicant):
Albert R. Stegemann, P.E.- District #2 Highway
Director Name
811 North King Street
Mailing Address 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:
The Commonwealth of Massachusetts Highway Department Intelligent October 24, 2006
Transportation System Project Interstate 91/291 Date
Title
Title
2. Date Request Filed:
12/15/2006
Project Description (if applicable):
Project Location:
Along 1 -91 Northampton
Street Address City/Town
N/A N/A
Assessors Map /Plat Number Parcel/Lot
Date
Date
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.
The design and deployment of an advanced traffic management system. The work consists of
installing a fiber optic cable backbone along the entire length of 1 -91. The conduit installation will be a
combination of underground trench and backfill, barrier wall attachments and bridge attachments.
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
❑ Alternatives limited to the lot on which the project is located.
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:
❑ 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, 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).
Determination is based upon General Provisions outlined in Request for Determination letter
dated January 9, 2007. Any work that will impact resource areas as defined in the Wetlands
Protection Act will require the submission of a Notice of Intent
❑ 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.
wpaform2.doc • Determination of Applicability • rev. 10/6/04 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.
Name
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
(2- „IPA 2
Date Date
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. qov /dep /about/region.findvour.htm) and the
property owner (if different from the applicant).
Date
t Ui
Ordinance or Bylaw Citation
wpaform2.doc • Determination of Applicability • rev. 1016104 Page 4 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___
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http: / /www. mass. gov /dep /about/region.findyour.htm) to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he /she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 5 of 5
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number Fax Number (if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town
Phone Number Fax Number (if applicable)
3. DEP File Number:
B. Instructions
State Zip Code
State Zip Code
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http: / /www. mass. qov /dep /about/reqion /findvour.htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he /she is not the appellant.
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2
Deval L. Pabick Timothy P. Murray Bemaro' Cohen
Govemor Lt Governor Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Northampton Conservation Commission
210 Main Street
Northampton, MA 01060
Dear Commission Members:
January 9, 2007
Luisa Paiewonsky J ,�, �► ■!�
Commissioner wi
Re: Request for Determination
Northampton: 1-91
Intelligent Transportation System
Project # 603903
MassHighway is pleased to submit additional information regarding the subject Request for
Determination of Applicability, previously submitted on December 18, 2006.
As previously stated, this is a Design/Build (DB) project which will result in the design and
deployment of an advanced traffic management system along Interstate -91. The work consists of
installing a fiber optic cable backbone and Intelligent Transportation System devices along the
entire length of I -91 (55 miles) from the Connecticut to the Vermont State Lines.
In addition to the detail provided in the previously submitted WPA Form 1 — Request for
Determination of Applicability, the work includes installing six, 1 inch underground conduits.
Two of these conduits will be utilized for MassHighway purposes, and the other four will be
available for economic development. The extent of the work, except for the installation of nodes
and appurtenances, has been limited to the easterly grass /tree belt, within the area extending no
more than ten feet from the edge of pavement. Due to the flexibility in placing nodes and other
appurtenance, these installations will be outside any jurisdictional areas except for possible
Riverfront Areas. However, in Riverfront areas the installations will be in areas previously
altered as a result of the construction and maintenance of I -91.
Due to the nature of D/B contracting, and to reassure the Commission that no work will occur in
any area(s) subject to protection under M.G.L. c. 131, § 40 under this RDA, the District has
provided the following language in the Request for Proposal which will become part of the
negotiated contract between MassHighway and the D/B Entity:
General Provisions
• The DB Entity shall be responsible for retaining the services of a Wetland Scientist or
other individual with similar qualifications, with two years experience and thoroughly
versed in the Commonwealth of Massachusetts' Wetland Protection Act (M.G.L. Chapter
District 2 • 811 North King Street, Northampton, MA 01060 • (413)- 582 -0599
MASSACHUSETTS
EXECUTIVE OFFICE
OF TRANSPORTATION
• 131 Section 40), its regulations (310 CMR 10.00), and all other state and federal
regulations. Said individual shall be subject to the approval of the Engineer, and shall
identify, and as necessary delineate, any environmental resource areas that may be located
within the vicinity of the work. Prior to the start of any work, the Wetland Scientist and
or other qualified individual shall be responsible for ensuring that the work will not
impact any environmental resource areas, and that the work may proceed in accordance
with any and all existing environmental permits. If the Wetland Scientist or other
individual determines that the work will impact wetland resource areas, a Notice of
Intent, Water Quality Certification and /or Army Corps of Engineers submission will be
required as stipulated in the Contract.
• The DB Entity shall be responsible for any and all costs, including any liability, penalties,
expenses, damages or delays resulting from any suspension, termination, interruption for
failure to obtain any Environmental Approval(s) not already provided or obtained by the
Department.
• If the DB Entity erection, demolition, storage, or other procedures not originally allowed
by existing environmental permits require work to occur in or otherwise impact water or
wetland resource areas, the DB Entity is advised that no associated work can occur until
all required environmental permits have been . either amended or obtained allowing such
work. The DB Entity shall be 'responsible for preparing all documentation necessary for
amending Environmental Approvals. As necessary, the Department shall be provided a
reasonable opportunity to review completed applications for Environmental Approvals
prior to their submission. The DB Entity is further advised that the Department will not
entertain a delay claim due to the time required to modify or obtain the environmental
permits. No time extensions will be granted for.reviews, resubmittals or rejections of
incomplete packages.
The DB Entity is responsible at all times for complying with: (a) all conditions and
schedules in any Environmental Approvals, whether obtained by the Department or the
DB Entity, and (b) all applicable Environmental Laws. Failure to comply with conditions
or schedules in Environmental Approvals will be grounds for termination hereof. The
DB Entity shall be responsible for any and all costs, liability, penalties, expenses,
damages, including economic, property, natural resource and personal injury, or delays
resulting from any non - compliance with Environmental Approvals.
• The project has been cleared by MHD for NEPA requirements. An automatic C.E.
Checklist was signed by the Deputy Environmental Chief (or his/her designee) at MHD
on 8/10/06, thereby satisfying NEPA.
Requests for Determination of Applicability/Negative
Determinations of Applicability
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it has been determined that this project is subject to the
Massachusetts General Laws, Chapter 131, Section 40 as amended, and at a minimum,
requires the submission of Requests for Determination of Applicability (RDAs) to the
Conservation Commission of each municipality. The Department will file all RDAs.
The RDAs and DOAs are to be considered part of this contract and a copy of said
documents and all plans /attachments shall be on -site while activities regulated by the
DOAs are being performed. The DB Entity is hereby notified that he /she will be
responsible and held accountable for performing any /all work necessary to satisfy and
comply with the DOAs and RDAs. The DB Entity is advised that no additional
compensation will be allowed for work required to establish, achieve, and maintain
compliance with the DOAs and RDAs, as payment for the work shall be included in the
various bid items. This work may include, but is not limited to, the following: the hiring
and paying for the services of a Professional Biologist, Botanist, Wetland Scientist,
Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland
flagging; wetland replication monitoring reports, etc.
The DB Entity is further advised that the Department will not entertain a delay claim due
to the time required to modify or obtain the environmental permits. No time extensions
will be granted for reviews, resubmittals or rejections of incomplete packages.
Notices of Intent /Orders of Conditions
Based on the conceptual documentation and indications to keep the installation within 1,0
feet of the pavement edge, it has been determined that this project is subject to the
Massachusetts General Laws, Chapter 131, Section 40 as amended, and may require the
submission of a Notice of Intent. If the project receives a Positive Determination of
Applicability, or if the DB Entity anticipates work will occur in or otherwise impact water
or wetland resource areas, or is expected to perform any work or procedures not originally
allowed by any issued Negative Determinations, the DB Entity is advised that no
associated work can occur until all required environmental permits have been obtained
allowing such work. As necessary, the DB Entity shall be responsible for preparing all
documentation necessary for submission of a Notice(s) of Intent (NOIs) to the appropriate
Conservation Commission.
The DB Entity will be designated as the applicant/representative for any necessary NOIs.
The Department (MassHighway) will be listed as the Property Owner on all applications.
The NOI submissions may involve, but not be limited to, the following: preparation of
necessary applications; description of the proposed work; description of any wetlands
within the vicinity of the proposed work; description of impacts to resource areas;
description of resource impact mitigation; plan(s) of the proposed work; necessary maps
(GIS, locus, environmental features maps, etc.); wetland delineations (including
documentation), etc. The DB Entity will also be responsible for presenting the NOIs at
public hearings and providing any other necessary documentation to the Conservation
Commission(s).
The NOIs and OOCs are to be considered part of this contract and a copy of said
documents and all plans /attachments shall be on -site while activities regulated by the
OOCs are being performed. The DB Entity is hereby notified that he /she will be
responsible and held accountable for performing any /all work necessary to obtain, satisfy
and comply with the entire OOCs and NOIs. The DB Entity is advised that no additional
compensation will be allowed for work required to prepare the NOIs and obtain the
OOCs or to establish, achieve, and maintain compliance with the NOIs and OOCs, as
payment for the work shall be included in the various bid items. This work may include,
but is not limited to, the following: the hiring and paying for the services. of a
Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.;
preparation and submission of plans; wetland flagging; wetland replication monitoring
reports, etc.
MassHighway shall be copied on all final permit applications and permits received from
the Conservation Commission(s). MassHighway shall be notified of all WPA related
hearings and site visits with the Conservation Commission(s). The DB Entity is further
advised that the Department will not entertain a delay claim due to the time required to
modify or obtain the environmental permits. No time extensions will be granted for
reviews, resubmittals or rejections of incomplete packages.
Massachusetts Division of Fisheries & Wildlife/Natural Heritage & Endangered Species
Program/Massachusetts Endangered Species Act
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it is anticipated that the project will qualify for exemptions
provided under the Massachusetts Division of Fisheries & Wildlife (DFW), the Natural
Heritage & Endangered Species Act (NHESP), the Massachusetts Endangered Species
Act (MESA) (M.G.L. c. 131A and implementing regulations 321 CMR 10.00).
However, once the DB Entity establishes the limit and extent of work, the DB Entity shall
determine if this project is then subject to review by the DFW/NHESP/MESA. If the
work is determined to be located within a state - listed species habitat and does not qualify
for any DFW/NHESP /MESA exemption(s), the DB Entity shall be responsible for
preparing all necessary documents for a MESA Project Review. These documents shall
be submitted to the MassHighway Environmental Section located at 10 Park Plaza,
Boston, MA. MassHighway will review and file, as the Applicant, the necessary
documents with the DFW/NHESP /MESA.
The recommendations of the DFW/NHESP/MESA will be considered part of this
contract. The DB Entity's attention is directed to the fact that special conditions and
other requirements may be associated with the DFW/NHESP /MESA recommendations.
It is the DB Entity's responsibility to be aware of and comply with these conditions and
requirements and plan his/her work and schedule accordingly. The DB Entity is hereby
notified that s /he will be responsible and held accountable for performing any /all work
necessary to satisfy and comply with the DFW/NHESP/MESA recommendations. The
DB Entity is advised-that additional compensation will be allowed for work required
to prepare and receive the recommendations of the DFW/NHESP /MESA or to establish,
achieve, and maintain compliance with the recommendations of the
DFW/NHESP /MESA, as payment for the work shall be included in the various bid items.
This work may include, but is not limited to, the following: the hiring and paying for the
services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape
Architect, etc.; preparation and submission of as -built plans; wetland flagging; wetland
replication monitoring reports, etc.
MassHighway shall be copied on all final submissions to the DFW/NHESP /MESA and
permits or recommendations received from the DFW/NHESP/MESA. MassHighway
shall be notified of all DFW/NHESP/MESA- related hearings and site visits. The DB
Entity is further advised that the Department will not entertain a delay claim due to the
time required to modify or obtain the environmental permits. No time extensions will be
granted for reviews, resubmittals or rejections of incomplete packages.
If the final language in the Request for Proposal differs substantially than that proposed, or if the
D/B contractor finds it necessary to perform work outside the 10 foot work boundary, or if there
are any resource areas that cannot be avoided, the D/B Contractor will be responsible for filing a
Notice of Intent with the Conservation Commission.
If you have any questions regarding this information, please contact Timothy Meyer, District
Environmental Engineer; at (413) 582 -0543.
TPM/
C - TPM
MAM
DEP- WERO
Sincerely,
aeddi
Albert R. Stegemann, P.E.
District Highway Director
11
Deval L. Pa6ick Timothy P. Murray Bernard Cohen
HIGHWAY Governo __ _ !t. Governor Seery
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Northampton Conservation Commission
210 Main Street
Northampton, MA 01060
Dear Commission Members:
January 9, 2007
Luisa Paiewonsky C1
111 10 I
Commissioner
Re: Request for Determination
Northampton: 1-91
Intelligent Transportation System
Project # 603903
MassHighway is pleased to submit additional information regarding the subject Request for
Determination of Applicability, previously submitted on December 18, 2006.
As previously stated, this is a Design/Build (D/B) project which will result in the design and
deployment of an advanced traffic management system along Interstate -91. The work consists of
installing a fiber optic cable backbone and Intelligent Transportation System devices along the
entire length of I -91 (55 miles) from the Connecticut to the Vermont State Lines.
In addition to the detail provided in the previously submitted WPA Form 1 - Request for
Determination of Applicability, the work includes installing six, 1 /2 inch underground conduits.
Two of these conduits will be utilized for MassHighway purposes, and the other four will be
available for economic development. The extent of the work, except for the installation of nodes
and appurtenances, has been limited to the easterly grass /tree belt, within the area extending no
more than ten feet from the edge of pavement. Due to the flexibility in placing nodes and other
appurtenance, these installations will be outside any jurisdictional areas except for possible
Riverfront Areas. However, in Riverfront areas the installations will be in areas previously
altered as a result of the construction and maintenance of I -91.
Due to the nature of D/B contracting, and to reassure the Commission that no work will occur in
any area(s) subject to protection under M.G.L. c. 131, § 40 under this RDA, the District has
provided the following language in the Request for Proposal which will become part of the
negotiated contract between MassHighway and the D/B Entity:
General Provisions
• The DB Entity shall be responsible for retaining the services of a Wetland Scientist or
other individual with similar qualifications, with two years experience . and thoroughly
versed. in the Commonwealth of Massachusetts' Wetland Protection Act (M.G.L. Chapter
District 2 811 North King Street, Northampton, MA 01060 • (413)- 582 -0599
MASSACHUSETTS .
EXECUTIVE OFFICE
OF TRANSPORTATION
131 Section40), its regulations (310 CMR 1000), and all other state and federal
regulations. Said individual shall be subject to the approval of the Engineer, and shall
identify, and as necessary delineate, any environmental resource areas that may be located
within the vicinity of the work. Prior to the start of any work, the Wetland Scientist and
or other qualified individual shall be responsible for ensuring that the work will not
impact any environmental resource areas, and that the work may proceed in accordance
with any and all existing environmental permits. If the Wetland Scientist or other
individual determines that the work will impact wetland resource areas, a Notice of
Intent, Water Quality Certification and /or Army Corps of Engineers submission will be
required as stipulated in the Contract.
• The DB Entity shall be responsible for any and all costs, including any liability, penalties,
expenses, damages or delays resulting from any suspension, termination, interruption for
failure to obtain any Environmental Approval(s) not already provided or obtained by the
Department.
• If the DB Entity erection, demolition, storage, or other procedures not originally allowed
by existing environmental permits require work to occur in or otherwise impact water or
wetland resource areas, the DB Entity is advised that no associated work can occur until
all required environmental permits have been either amended or obtained allowing such
work. The DB Entity shall be responsible for preparing all documentation necessary for
amending Environmental Approvals. As necessary, the Department shall be provided a
reasonable opportunity to review completed applications for Environmental Approvals
prior to their submission. The DB Entity is further advised that the Department will not
entertain a delay claim due to the time required to modify or obtain the environmental
permits. No time extensions will be granted for reviews, resubmittals or rejections of
incomplete packages.
•• The DB Entity is responsible at all times for complying with: (a) all conditions and
schedules in any Environmental Approvals, whether obtained by the. Department or the
DB Entity, and (b) all applicable Environmental Laws. Failure to comply with conditions
or schedules in Environmental Approvals will be grounds for termination hereof. The
DB Entity shall be responsible for any and all costs, liability, penalties, expenses,
damages, including economic, property, natural resource and personal injury, or delays
resulting from any non - compliance with Environmental Approvals.
• The project has been cleared by MHD for NEPA requirements. An automatic C.E.
Checklist was signed by the Deputy Environmental Chief (or his/her designee) at MHD
on 8/10/06, thereby satisfying NEPA.
Requests for Determination of Applicability/Negative
Determinations of Applicability
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it has been determined that this project is subject to the
Massachusetts - General- L -aws— Chapter 13 - 1 — Section 40 amended, and - at a minimum,
requires the submission - of Requests for Determination of Applicability (RDAs) to the
Conservation Commission of each municipality. The Department will file all RDAs.
The RDAs and DOAs are to be considered part of this contract and a copy of said
documents and all plans /attachments shall be on -site while activities regulated by the
DOAs are being performed. The DB Entity is hereby notified that he /she will be
responsible and held accountable for performing any /all work necessary to satisfy and
comply with the DOAs and RDAs. The DB Entity is advised that no additional
compensation will be allowed for work required to establish, achieve, and maintain
compliance with the DOAs and RDAs, as payment for the work shall be included in the
various bid items. This work may include, but is not limited to, the following: the hiring
and paying for the services of a Professional Biologist, Botanist, Wetland Scientist,
Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland
flagging; wetland replication monitoring reports, etc.
The DB Entity is further advised that the Department will not entertain a delay claim due
to the time required to modify or obtain the environmental permits. No time extensions
will be granted for reviews, resubmittals or rejections of incomplete packages.
Notices of Intent /Orders of Conditions
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it has been determined that this project is subject to the
Massachusetts General Laws, Chapter 131, Section 40 as amended, and may require the
submission of a Notice of Intent. If the project receives a Positive Determination of
Applicability, or if the DB Entity anticipates work will occur in or otherwise impact water
or wetland resource areas, or is expected to perform any work or procedures not originally
allowed by any issued Negative Determinations, the DB Entity is advised that no
associated work can occur until all required environmental permits have been obtained
allowing such work. As necessary, the DB Entity shall be responsible for preparing all
documentation necessary for submission of a Notice(s) of Intent (NOIs) to the appropriate
Conservation Commission.
The DB Entity will be designated as the applicant/representative for any necessary NOIs.
The Department (MassHighway) will be listed as the Property Owner on all applications.
The NOI submissions may involve, but not be limited to, the following: preparation of
necessary applications; description of the proposed work; description of any wetlands
within the vicinity of the proposed work; description of impacts to resource areas;
description of resource impact mitigation; plan(s) of the proposed work; necessary maps
(GIS, locus, environmental features maps, etc.); wetland delineations (including
documentation), etc. The DB Entity will also be responsible for presenting the NOIs at
public hearings and providing any other necessary documentation to the Conservation
Commission(s).
The NOIs and OOCs are to be considered part of this contract and a copy of said
documents and all plans /attachments shall be on -site while activities regulated by the
OOCs are being performed. The DB Entity is hereby notified that he /she will be
responsible and held accountable for performing any /all work necessary to obtain, satisfy
and comply with the entire OOCs and NOIs. The DB Entity is advised that no additional
compensation will be allowed for work required to prepare the NOIs and obtain the
OOCs or to establish, achieve, and maintain compliance with the NOIs and OOCs, as
payment for the work shall be included in the various bid items. This work may include,
but is not limited to, the following: the hiring and paying for the services of a
Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.;
preparation and submission of plans; wetland flagging; wetland replication monitoring
reports, etc.
MassHighway shall be copied on all final permit applications and permits received from
the Conservation Commission(s). MassHighway shall be notified of all WPA related
hearings and site visits with the Conservation Commission(s). The DB Entity is further
advised that the Department will not entertain a delay claim due to the time required to
modify or obtain the environmental permits. No time extensions will be granted for
reviews, resubmittals or rejections of incomplete packages.
Massachusetts Division of Fisheries & Wildlife/Natural Heritage & Endangered Species
Program/Massachusetts Endangered Species Act
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it is anticipated that the project will qualify for exemptions
provided under the Massachusetts Division of Fisheries & Wildlife (DFW), the Natural
Heritage & Endangered Species Act (NHESP), the Massachusetts Endangered Species
Act (MESA) (M.G.L. c. 131A and implementing regulations 321 CMR 10.00).
However, once the DB Entity establishes the limit and extent of work, the DB Entity shall
determine if this project is then subject to review by the DFW/NHESP/MESA. If the
work is determined to be located within a state - listed species habitat and does not qualify
for any DFW/NHESP /MESA exemption(s), the DB Entity shall be responsible for
preparing all necessary documents for a MESA Project Review. These documents shall
be submitted . to the MassHighway Environmental Section located at 10 Park Plaza,
Boston, MA. MassHighway will review and file, as. the Applicant, the necessary
documents with the DFW/NHESP/MESA.
The recommendations of the DFW/NHESP /MESA will be considered part of this
contract. The DB. Entity's attention is directed to the fact that special conditions and
other requirements may be associated with the DFW/NHESP/MESA recommendations.
It is the DB Entity's responsibility to be aware of and comply with these conditions and
requirements and plan his/her work and schedule accordingly. The DB Entity is hereby
notified that s/he will be responsible and held accountable for performing any /all work
necessary to satisfy and comply with the DFW/NHESP/MESA recommendations. The
DB Entity is advised that -no additional-compensation-will-be-allowed for - work- required
to prepare and receive the recommendations of the DFW/NHESP /MESA or to establish, -
achieve, and maintain compliance with the recommendations of the
DFW/NHESP /MESA, as payment for the work shall be included in the various bid items.
This work may include, but is not limited to, the following: the hiring and paying for the
services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape
Architect, etc.; preparation and submission of as -built plans; wetland flagging; wetland
replication monitoring reports, etc.
MassHighway shall be copied on all final submissions to the DFW/NHESP /MESA and
permits or recommendations received from the DFW/NHESP /MESA. MassHighway
shall be notified of all DFW/NHESP/MESA- related hearings and site visits. The DB
Entity is further advised that the Department will not entertain a delay claim due to the
time required to modify or obtain the environmental permits. No time extensions will be
granted for reviews, resubmittals or rejections of incomplete packages.
If the final language in the Request for Proposal differs substantially than that proposed, or if the
D/B contractor _finds it necessary to perform work outside the 10 foot work boundary, or if there
are any resource areas that cannot be avoided, the D/B Contractor will be responsible for filing a
Notice of Intent with the Conservation Commission.
If you have any questions regarding this information, please contact Timothy Meyer, District
Environmental Engineer, at (413) 582 -0543.
TPM /
C - TPM
MAM
DEP- WERO
Sincerely,
aacei
Albert R. Stegemann, P.E.
District Highway Director
Description of Proposed Work
The work location consists of the Interstate 91 Layout corridor extending approximately
55 miles northerly from the Massachusetts /Connecticut State Line to the
Massachusetts/Vermont border. The corridor passes through twelve communities-
Longmeadow, Springfield, Chicopee, West Springfield, Holyoke, Easthampton,
Northampton, Hatfield, Whately, Deerfield, Greenfield and Bernardston.
Additional areas include the I -291 loop off I -91 to Roosevelt Avenue in Springfield. The
total project length is estimated to be 59 miles
This project will result in the design and deployment of an advanced traffic management
system. The work consists of installing a fiber optic cable backbone along the entire
length of I -91 and portions of the I -291 traffic corridors. Conduit installation will be a
combination of underground trench and backfill, barrier wall attachments and bridge
attachments. The project infrastructure will include conduit to connect roadside ITS
equipment, junction boxes, pull boxes, stub -outs, conduit hangers, pull strings, end -caps,
fiber optic, coaxial and twisted pair signals cabling with associated flex conduit. The
conceptual plans identify the installation of two MassHighway conduits and four
additional conduits for future economic development /shared resources.
Other work is as follows: the installation of variable message signs, the placement of
closed circuit television cameras, the installation of a travel time system and the
installation of other ITS infrastructures. The installation of conduit equipment will be
located as shown on the attached conceptual Typical Section.
The system will focus on congestion mitigation, incident management, traffic operations,
evacuation routing, and the general mobility and access of automobiles, freight and
transit. As part of this project, the Traffic Operations Center (TOC) at the Northampton
District 2 office will be upgraded and expanded as necessary to handle the enhanced I -91
ITS, and then integrated with the Boston TOC.
Best available measures shall be used to minimize adverse effects during construction.
Upon completion of work the surface vegetation and contours of the area shall be
substantially restored to its original condition.
As necessary, erosion controls (haybales, silt fence, etc. or a combination thereof) will be
employed so as to protect any resource areas that could otherwise be impacted as a result
of the work.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Northampton Conservation Commission
210 Main Street
Northampton, MA 01060
Dear Commission Members:
Deval L. Patrick Timothy P. Murray 8emard Cohen
Governor Lt. Governor Secretary
Commissioner
Luisa Paiewonsky
/, 71;
! 1 ' )--- T
/ 1 „f
/ 7 i/4iv --„_ /r:;.
January 9,2,007 ; 20 07 7// , l r
4,,,,,,,,i,:,: /
MASSACHUSETTS
EXECUTIVE OFFICE
OF TRANSPORTATION
Re: Request for Determination
Northampton: 1-91
Intelligent Transportation System
Project # 603903
MassHighway is pleased to submit additional information regarding the subject Request for
Determination of Applicability, previously submitted on December 18, 2006.
As previously stated, this is a Design/Build. (D /B) project which will result in the design and
deployment of an advanced traffic management system along Interstate -91. The work consists of
installing a fiber optic cable backbone and Intelligent Transportation System devices along the
entire length of I -91 (55 miles) from the Connecticut to the Vermont State Lines.
In addition to the detail provided in the previously submitted WPA Form 1 — Request for
Determination of Applicability, the work includes installing six, 1 inch underground conduits.
Two of these conduits will be utilized for MassHighway purposes, and the other four will be
available for economic development. The extent of the work, except for the installation of nodes
and appurtenances, has been limited to the easterly grass /tree belt, within the area extending no
more than ten feet from the edge of pavement. Due to the flexibility in placing nodes and other
appurtenance, these installations will be outside any jurisdictional areas except for possible
Riverfront Areas. However, in Riverfront areas the installations will be in areas previously
altered as a result of the construction and maintenance of I -91.
Due to the nature of D/B contracting, and to reassure the Commission that no work will occur in
any area(s) subject to protection under M.G.L. c. 131, § 40 under this RDA, the District has
provided the following language in the Request for Proposal which will become part of the
negotiated contract between MassHighway and the D/B Entity:
General Provisions
• The DB Entity shall be responsible for retaining the services of a Wetland Scientist or
other individual with similar qualifications, with two years experience and thoroughly
versed in the Commonwealth of Massachusetts' Wetland Protection Act (M.G.L. Chapter
District 2 • 811 North King Street, Northampton, MA 01060 • (413) -582 -0599
131 Section 40), its regulations (310 CMR 10.00) and all other state and federal
regulations. Said individual shall be subject to the approval of the Engineer, and shall
identify, and as necessary delineate, any environmental resource areas that may be located
within the vicinity of the work. Prior to the start of any work, the Wetland Scientist and
or other qualified individual shall be responsible for ensuring that the work will not
impact any environmental resource areas, and that the work may proceed in accordance
with any and all existing environmental permits. If the Wetland Scientist or other
individual deteimines that the work will impact wetland resource areas, a Notice of
Intent, Water Quality Certification and /or Army Corps of Engineers submission will be
required as stipulated in the Contract.
+ The DB Entity shall be responsible for any and all costs, including any liability, penalties,
expenses, damages or delays resulting from any suspension, termination, interruption for
failure to obtain any Environmental Approval(s) not already provided or obtained by the
Department.
• If the DB Entity erection, demolition, storage, or other procedures not originally allowed
.by existing environmental permits require work to occur in or otherwise impact water or
wetland resource areas, the DB Entity is advised that no associated work can occur until
all required environmental permits have been either amended or obtained allowing such
work. The DB Entity shall be responsible for preparing all documentation necessary for
amending Environmental Approvals. As necessary, the Department shall be provided a
reasonable opportunity to review completed applications for Environmental Approvals
prior to their submission. The DB Entity is further advised that the Department will not
entertain a delay claim due to the time required to modify or obtain the environmental
permits. No time extensions will be granted for.reviews, resubmittals or rejections of
incomplete packages.
• The DB Entity is responsible at all times for complying with: (a) all conditions and
schedules in any Environmental Approvals, whether obtained by the. Department or the
DB Entity, and (b) all applicable Environmental Laws. Failure to comply with conditions
or schedules in Environmental Approvals will be grounds for termination hereof. The
DB Entity shall be responsible for any and all costs, liability, penalties, expenses,
damages, including economic, property, natural resource and personal injury, or delays
resulting from any non - compliance with Environmental Approvals.
• The project has been cleared by MHD for NEPA requirements. An automatic C.E.
Checklist was signed by the Deputy Environmental Chief (or his/her designee) at MHD
on 8/10/06, thereby satisfying NEPA.
Requests for Determination of Applicability/Negative
Determinations of Applicability
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it has been determined that this project is subject to the
Massachusetts - General- L- aws- Ghapte-r- 131, - Section -40 as amended, and at a minimum,
requires the submission of Requests for Determination of Applicability (RDAs) to the
Conservation Commission of each municipality. The Department will file all RDAs.
The RDAs and DOAs are to be considered part of this contract and a copy of said
documents and all plans /attachments shall be on -site while activities regulated by the
DOAs are being performed. The DB Entity is hereby notified that he /she will be
responsible and held accountable for performing any /all work necessary to satisfy and
comply with the DOAs and RDAs. The DB Entity is advised that no additional
compensation will be allowed for work required to establish, achieve, and maintain
compliance with the DOAs and RDAs, as payment for the work shall be included in the
various bid items. This work may include, but is not limited to, the following: the hiring
and paying for the services of a Professional Biologist, Botanist, Wetland Scientist,
Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland
flagging; wetland replication monitoring reports, etc.
The DB Entity is further advised that the Department will not entertain a delay claim due
to the time required to modify or obtain the environmental permits. No time extensions
will be granted for reviews, resubmittals or rejections of incomplete packages.
Notices of Intent /Orders of Conditions
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it has been determined that this project is subject to the
Massachusetts General Laws, Chapter 131, Section 40 as amended, and may require the
submission of a Notice of Intent. If the project receives a Positive Determination of
Applicability, or if the DB Entity anticipates work will occur in or otherwise impact water
or wetland resource areas, or is expected to perform any work or procedures not originally
allowed by any issued Negative Determinations, the DB Entity is advised that no
associated work can occur until all required environmental permits have been obtained
allowing such work. As necessary, the DB Entity shall be responsible for preparing all
documentation necessary for submission of a Notice(s) of Intent (NOIs) to the appropriate
Conservation Commission.
The DB Entity will be designated as the applicant /representative for any necessary NOIs.
The Department (MassHighway) will be listed as the Property Owner on all applications.
The NOI submissions may involve, but not be limited to, the following: preparation of
necessary applications; description of the proposed work; description of any wetlands
within the vicinity of the proposed work; description of impacts to resource areas;
description of resource impact mitigation; plan(s) of the proposed work; necessary maps
(GIS, locus, environmental features maps, etc.); wetland delineations (including
documentation), etc. The DB Entity will also be responsible for presenting the NOIs at
public hearings and providing any other necessary documentation to the Conservation
Commission(s).
The NOIs and OOCs are to be considered part of this contract and a copy of said -
documents and all plans /attachments shall be on -site while activities regulated by the
OOCs are being performed. The DB Entity is hereby notified that he /she will be
responsible and held accountable for performing any /all work necessary to obtain, satisfy
and comply with the entire OOCs and NOIs. The DB Entity is advised that no additional
compensation will be allowed for work required to prepare the NOIs and obtain the
OOCs or to establish, achieve, and maintain compliance with the NOIs and OOCs, as
payment for the work shall be included in the various bid items. This work may include,
but is not limited to, the following: the hiring and paying for the services of a
Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.;
preparation and submission of plans; wetland flagging; wetland replication monitoring
reports, etc.
MassHighway shall be copied on all final permit applications and permits received from
the Conservation Commission(s). MassHighway shall be notified of all WPA related
hearings and site visits with the Conservation Commission(s). The DB Entity is further
advised that the Department will not entertain a delay claim due to the time required to
modify or obtain the environmental permits. No time extensions will be granted for
reviews, resubmittals or rejections of incomplete packages.
Massachusetts Division of Fisheries & Wildlife/Natural Heritage & Endangered Species
Program/Massachusetts Endangered Species Act
Based on the conceptual documentation and indications to keep the installation within 10
feet of the pavement edge, it is anticipated that the project will qualify for exemptions
provided under the Massachusetts Division of Fisheries & Wildlife (DFW), the Natural
Heritage & Endangered Species Act (NHESP), the Massachusetts Endangered Species
Act (MESA) (M.G.L. c. 131A and implementing regulations 321 CMR 10.00).
However, once the DB Entity establishes the limit and extent of work, the DB Entity shall
determine if this project is then subject to review by the DFW/NHESP/MESA. If the
work is determined to be located within a state - listed species habitat and does not qualify
for any DFW/NHESP /MESA exemption(s), the DB Entity shall be responsible for
preparing all necessary documents for a MESA Project Review. These documents shall
be submitted to the MassHighway Environmental Section located at 10 Park Plaza,
Boston, MA. MassHighway will review and file, as the Applicant, the necessary
documents with the DFW/NHESP /MESA.
The recommendations of the DFW/NHESP /MESA will be considered part of this
contract. The DB Entity's attention is directed to the fact that special conditions and
other requirements may be associated with the DFW/NHESP /MESA recommendations.
It is the DB Entity's responsibility to be aware of and comply with these conditions and
requirements and plan his /her work and schedule accordingly. The DB Entity is hereby
notified that s /he will be responsible and held accountable for performing any /all work
necessary to satisfy and comply with the DFW/NHESP /MESA recommendations. The
DBEntity is advised that no additional compensation will be allowed for work required
to prepare and receive the recommendations of the DFW/NHESP /MESA or to establish,
achieve, and maintain compliance with the recommendations of the
DFW/NHESP /MESA, as payment for the work shall be included in the various bid items.
This work may include, but is not limited to, the following: the hiring and paying for the
services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape
Architect, etc.; preparation and submission of as -built plans; wetland flagging; wetland
replication monitoring reports, etc.
MassHighway shall be copied on all final submissions to the DFW/NHESP /MESA and
permits or recommendations received from the DFW/NHESP /MESA. MassHighway
shall be notified of all DFW/NHESP /MESA - related hearings and site visits. The DB
Entity is further advised that the Department will not entertain a delay claim due to the
time required to modify or obtain the environmental permits. No time extensions will be
granted for reviews, resubmittals or rejections of incomplete packages.
If the final language in the Request for Proposal differs substantially than that proposed, or if the
D/B contractor. finds it necessary to perform work outside the 10 foot work boundary, or if there
are any resource areas that cannot be avoided, the D/B Contractor will be responsible for filing a
Notice of Intent with the Conservation Commission.
If you have any questions regarding this information, please contact Timothy Meyer, District
Environmental Engineer, at (413) 582 -0543.
TPM/
C - TPM
MAM
DEP- WERO
Sincerely,
Albert R. Stegemann, P.E.
District Highway Director
December 15, 2006 Request for Determination of Applicability
Intelligent Transportation
System (ITS)
1-91 Corridor
HIGHWAY
Prepared by: Massachusetts Highway Department
District #2 Office
811 North King Street
Northampton, Massachusetts 01060
(413) 582 -0599
Northampton,
Massachusetts
Project File #603903 EWO #P603903P11
HIGHWAY Governor
Northampton Conservation Commission
210 Main Street
Northampton, MA 01060
Dear Commission Members:
Mitt Romney Kerry Healey John Cogliano Luisa Paiewonsky
Lt Governor Secretary Commissioner
December 15, 2006
Re: Request for Determination
Northampton: 1-91
Intelligent Transportation System
Project # 603903
Enclosed is a Request for Determination of Applicability for the installation of an Intelligent
Transportation System and related work on Interstate 91 in the City of Northampton.
The Massachusetts Highway Department (MassHighway) is an agency of State Government and
as such is exempt from local Conservation Commission by -laws and fees. In order for
MassHighway to provide advertising payment, the newspaper must directly bill the
Massachusetts Highway Department, at the address shown below.
Once a public hearing has been scheduled, or if you have any questions regarding this request,
please contact Timothy Meyer, District Environmental Engineer, at (413) 582 -0543.
JLG/
C - RJM (w /encl.)
DMF
TPM (w /encl.)
DEP- WERO (w /encl.)
Encl.
Sincerely,
'"e 54,E
Albert R. Stegemann, P.E.
District Highway Director
Received By:
(Signature)
Date:
(Please print name)
District 2 • 811 North King Street, Northampton, MA 01060 • (413)- 582 -0599
MASSACHUSETTS
EXECUTIVE OFFICE
OF TRANSPORTATION
PROJECT FILE #603903
NORTHAMPTON, 1 -91
INTELLIGENT TRANSPORTATION SYSTEM (ITS)
INDEX SHEET
EWO # PENDING
1. WPA Form 1 Request for Determination of Applicability
2. Exhibit 1 - U.S.G.S. Locus Map
3. Exhibit 2 - Typical Section
4. Exhibit 3 - Plans (Sheets 1, 2, 3, 12, 13 and 14 of 27)
5. Exhibit 4 - Description of Proposed Work
6. Exhibit 5 - Typical Design Methods
# of Sheets
1
1
6
1
2
Typical Construction Methods
1 of 2
Exhibit 5
Since this is a Design/Build contract, the selection of a Contractor will depend on many
things, one of which will be Contractor's experience and ability to install conduits in
environmentally sensitive areas. Although it cannot be stated for certain which, if any, of
the typical installation methods will be employed, it is expected that a combination of one
or more methods will be utilized, in order to facilitate the installation with an
environmentally sensitive approach.
As indicated in the 2002 U.S. Department of Transportation, Federal Highway
Administration's Design Guide for Fiber Optic Installation, there are four widely used
methods for installing conduits for fiber optic cable systems: trenching, plowing, boring
(horizontal directional drilling), and bridge attachments. Each method has advantages
and disadvantages and all create temporary and permanent impacts to the freeway
system. Topography typically dictates the best method of installation, but it is also
influenced by the contractor's available equipment and experience level.
Trenching
Trenching is most commonly used method of installing fiber optic conduits. Trenching
methods require excavating the earth to provide a trench of a certain width and depth,
into which the conduit is laid. The depth and width depend on the quantity and size of
conduits proposed and the required cover to be provided.
Excavation is commonly carried out with a backhoe or trenching machine; however,
depending on the conditions, a clamshell and shoring devices, or a combination of any of
these pieces of equipment may be used. Excavators are available in several sizes to
accommodate the depths and widths that can be expected in telecommunication
installations.
Plowing
Plowing installation of conduit involves the use of a tracked bulldozer fitted with a
conduit reel on the front end and a plow attachment on the back end.
The cable plow is a single, straight- shafted blade, which opens a narrow trench and
allows conduit to be placed continuously as the plow moves ahead. The trench closes in
behind the plow, leaving a mound of material approximately 24 inches wide.
Horizontal Directional Drilling
Horizontal directional drilling (HDD) is a form of trenchless boring technology
commonly used by the telecommunication industry. It is used to install conduits' in
environments where trenching or plowing cannot be used.
The process involves drilling in the horizontal and vertical direction with downhole tools
that are steerable within limits The operation requires a suitable work area on both the
exit and entry ends of the desired HDD location.
\
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4
SHLDR
4'
SHLDR
Es/arrLs
12' TRAVEL
LANE
343 CONGRESS STREET
_AN D Ka � y _BQSION.-MASSACHU_SESSS 02210
TEL: 7) -
FAX: (61 242 242 -982 4
12' TRAVEL
LANE
TYPICAL 6- CONDUIT INSTALLATION (FILL SLOPE)
NOT TO SCALE
12' TRAVEL
LANE
12' TRAVEL
LANE
10` _ ..
SHOULDER
10'
SHOULDER
VARIES
(SEE NOTE 4) o o ,
oon
24" --1 I---
HAY BALE & SILT FENCE
VARIES
(SEE NOTE 4) .,
24" -4-9
HAY BALE & SILT FENCE
TYPICAL 6- CONDUIT INSTALLATION (CUT SLOPE)
NOT TO SCALE
NOTES:
1. DISTANCE FROM EDGE OF ROAD
WILL VARY BASED ON FIELD CONDITIONS.
2. TRENCH DEPTH TO FOLLOW NEC /MHD CODES (36" TYPICAL).
3. DISTANCES AND SLOPES TO BE VERIFIED IN THE FIELD
4. EVERY EFFORT SHALL BE MADE TO KEEP THE INSTALLATION
WITHIN 10 FEET OF THE EDGE OF PAVEMENT, PARTICULARLY IN
THE VICINITIES OF ENVIRONMENTALLY SENSITIVE AREAS
(INCLUDING BUT NOT LIMITED TO: WITHIN 100 FEET OF A WPA
RESOURCE AREA, 200 FEET OF THE MEAN ANNUAL HIGH WATER
MARK OF ANY RIVER OR STREAM, ENDANGERED SPECIES
HABITAT, ETC.). PROPER EROSION CONTROLS WILL BE EMPLOYED
TO PROTECT ANY RESOURCE AREAS. IF THE INSTALLATION WORK
CANNOT BE WITHIN 10 FEET OF THE PAVEMENT EDGE WITHIN AN
ENDANGERED SPECIES HABITAT, A MESA FILING MAY BE
REQUIRED.
MASSACHUSETTS HIGHWAY DEPARTMENT
1 -91 ITS DEPLOYMENT
TYPICAL SECTION
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FIGURE 1
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