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
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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