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Beaver Brook Greenway-invasive removal-wetlands Determination-2012ILI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability der with the Request for a Superseding Determination or Ord El ❑ ❑ A. Gene Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab tatwn A. General Information From: Nortnampton Conservation Commission To: Applicant Property Owner (if different from applicant): Office of Planning and Development Northampton Conservation Commission Name Name 210 Main Street, Room 11 210 Main Street, Room 11 Mailing Address Mailing Address Northampton MA 01060 Northampton MA 01060 City /Town State Zip Code City /Town State Zip Code Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: BB - BB Wetlands Resources December 2011 Title Date Forest Stand and Boundary Mao January 2010 Title Date Title Date 2. Date Request Filed: December 20. 2011 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): Removal of non - native invasive species including oriental bittersweet, glossy buckthorn, multiflora rose, japanese knotweed, garlic mustard, japanese barberry, bush honeysuckle and autumn olive. Large species to be cut by hand, follow -up hand application of herbicide. Project Location: Haydenville Road Leeds Street Address City /Town 006 013 Assessors Map /Plat Number Parcel /Lot Number wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Fora 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 ii irisdirtinn of thin 1Natlanrig Protactinn Act may proceed until a final r)rriar 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: ❑ 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). ❑ 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.doo • Determination of Applicability • rev. 1016/04 Page 3 of 5 Massachusetts Department of Environmental Protection LI Bureau of Resource Protection - Wetlands WPA Fo 2 Determi nation 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: of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name C. Authorization Ordinance or Bylaw Citation This Determination is issued to the applicant and delivered as follows: [� by hand delivery on ❑ by certified mail, return receipt requested on QXU CMV o? v ! ;)- 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.Q ov /dep /about/re.qion.findvour.htm and the property owner (if different from the applicant). � r ate wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5 Ll 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 Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested on 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. gov /dep /about/region.findvour.htm and the property owner (if different from the applicant). Signatures: Date wpaform2.doc • Determination of Applicability • rev. 1016/04 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I PA Form 2 — Determin 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/reaion.findyour.htm to issue a Super seding 11_1__.__•.__ L A__1'__1_il TI__ 1_. 1. 1_.. 1:: 1 �UperseUiny uelerrninatiorl o H��IicaU Ity. The request must rye made by certi 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 Permit Application Todav's Date- 12/20/2011 Owner Applicant Northampton Conservation Commission Northampton Conservation Commission 210 Main Street, Room 11 210 Main Street, Room 11 Northampton, Massachusetts 01060 Northampton, Massachusetts 01060 413 -587 -1265 wfeiden@northamptonma.gov City of Northampton department: Yes Work Location Information How many lots involved in the project: 1 Map / Block / Lots of all lots in project: 06 / 013 / 001 Deed Book of all lots in project: book 10085, page 232 Project work address: 0 HAYDENVILLE RD City / State / Zip: Leeds 01053 Zoning District: SR, WP Application for following Permit Types ❑ Planning Bd. Special Permit w/ Site Plan ❑ Planning Bd. Special Permit w/ MAJOR Site Plan NO Special Permit ❑ Administrative Site Plan Review ❑ Planning Bd. Major Site Plan Approval (No Special Permit), including 40R projects ❑ Subdivision Preliminary ❑ Planning Bd. Special Permit w/ Site Plan for flag lots ❑ Planning Bd. Site Plan (NO Special Permit) ❑ Approval Not Required Plans ❑ Subdivision Definitive with Preliminary Approved ❑ Subdivision Definitive with no Preliminary Approved ❑ Zoning Board Special Permit ❑ Appeal of Building Commissioner - Zoning ❑ Variance ❑ Historic District Determination of Non - Applicability ❑ Historic District (Elm St) Determination of Appropriateness ❑ Subdivision Definitive Amendment ❑ Zoning Board Finding ❑ Comprehensive Permit (40B) ❑ Demolition (Demolition Delav) ❑ Central Business Architecture ❑ West Street Architecture ❑ Wetlands Notice of Intent IF ONLY local ❑ Wetlands Notice of Intent IF state wetlands wetlands 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Wetlands Certificate of Compliance reauest 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Wetlands Request for Determination OR ❑ Wetlands Amendment or Resource Delineation extension Fee Information Total Fee Amount: $0.00 Existing Use Permanently Protected Open Space Planned Use The project involves the removal of non - native invasive species from the western segment of the property. This work was identified as a priority in the 2010 Forest Stewardship Plan developed for the property, and is funded by a grant from DCR.. Species to be removed include oriental bittersweet, glossy buckthorn, multiflora rose, japanese knotweed, garlic mustard, japanese barberry, bush honeysuckle, and autumn olive. Invasive species removal will take place in stands 2, 3, 4 and 5 as shown on the Forest Stand Map. Large species will be cut by hand, and follow -up treatments will include hand - application of herbicide. Machinery use will be limited to upland areas, and work in BVW will be limited to selected hand - pulling. Follow -up work will include planting of approximately 50 native shrubs, and hand - pulling of invasives. Although work will take place in RFA, buffer zone to BVW, and BVW, invasive species have no recognized habitat value and will decrease ecological value of the property if not addressed. Signs will be installed along the Route 9 frontage as part of the grant work, but these will be located outside RFA and buffer zones. Detailed Project Information Wetlands Description: Wetland boundaries shown are approximate. Files Uploaded: Wetlands Information: Beaver Brook - Broad Brook RDA.pdf By typing my name in the signature box, I certify that all the information above is accurate to the best of my knowledge, I am the property owner or have permission from the property owner to apply for this permit. I also grant permission to the City of Northampton to inspect the proposed work Signature: Wayne Feiden Date Signed: 12/20/2011 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262