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05-001 River Rd. Conservation CommitteeLl Massachusetts"�r-partment of Environmental Proton 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 sp$cified 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 8vlaw 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 April 29, 2003 Date Date sent to DEP: April 2q, 2003 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 Icopy must be sent to the appropriate DEP Regional Office (see Appendix A) and the propert owner (if differe r the applicant❑ ❑Signatures: W/A April 24, 2003 Date wpaform2.doc • rev. 4/24/03 Page 4 of 5 ___1/ PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON May 19, 2003 City Hal( • 2i o Main street, Room xi • Northampton, MA o 1060 - 3 1 9 8 ' 413)S87-12-66 . Fax 587 -i 264 Wayne Feiden, Director • p fanning @norttiamptonplanning.org www.norttiamptonplanning.org Hampshire Care 222 River Road Leeds, MA 01053 RE: 222 River Road Map 5, Parcel 1 Dear Sir or Madam: Enclosed please find a copy of the following for your records in connection to the above - referenced property: 1. Determination of Applicability dated May 19, 2003. A copy of the same has been sent to the DEP Regional office. Should you have any questions or concerns, you may telephone me at 587 -1262. Sincerely, Angela Dion ✓ Board Secretary Northampton Conservation Commission cc: Hampshire Council of Governments, 99 Main Street, Northampton, MA 01060 planning board • conservation commission • zoning board of appeals • housing partnership • redevelopment autWrity -no rtb4n1pt,0n GIs economic development • community development • tiistoric district commission • Wstoricalcommission• central business architecture ' , ariginaiprin nn riecgcWpaper ILI Massachusettsb partment of Environmental Prot6..4on Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. V Q W A. General Information From: Northampton Conservation Commission To: Applicant Hampshire Care Name 222 River Road Mailing Address Leeds MA 01053 Property Owner (if different from applicant): Hampshire Council of Governments Name 99 Main Street Mailing Address Northampton MA City/Town State Zip Code City/Town State 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: "Topographic Plan of Land in Leeds, MA ", prepared for HCDC Hampshire Care 4/4/03 Facilitv. Date 01060 Zip Code Title Date Title Date 2. Date Request Filed: 4/17/03 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): To confirm a wetland delineation for the construction of a 12 bed addition to an existing Project Location: 222 River Road Leeds Street Address City/Town 5 1 Assessors Map /Plat Number Parcel /Lot Number wpaform2.doc • rev. 5/16/03 Page 1 of 5 Massachusettsb4partment of Environmental Prote.cion 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) 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. If any work is proposed within the resource area or buffer zone, a Request for Determination or an Notice of Intent must be filed. ❑ 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. ❑ 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 • rev. 5116103 Page 2 of 5 ILI Massachusetts'b4partment of Environmental Prote.,Jon 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.doc • rev. 5116103 Page 3 of 5 ILI Massachusetts 1 b4partment of Environmental Prote.-don 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 May 19 2003 Date Date sent to DEP: May 19, 2003 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 Appendix A) and the property owner (if different from the ap May 8, 2002 Date wpaformMoc • rev. 5/1/03 Page 4 of 5 Commonwealth of Massachusetts T_ t Division of Fisheries & Wildlife MassWi /d /ife f _ Wayrie F.MacCalur�i'Daector:''� j March 31 2004 1' APR - 1 2004 i Mollie Babize Walter Cudnohufsky Associates, Inc. P. O. Box 489 Ashfield,, MA 01330 ' ` " ��° _ rd� _ Re: Hampshire Park Northampton, MA NHESP File: 04 -13913 Dear Ms. Babize, Thank you for contacting the Natural Heritage and Endangered Species Program ( "NHESP ") of the MA Division of Fisheries & Wildlife for information regarding state - protected rare species in the vicinity of the above referenced site. We have reviewed the site and would like to offer the following comments. Our database indicates that the following protected rare species and communities occur within Estimated Habitat 6035 ()ATH 603 5) and within Priority Habitat 642_ (PH 642) as indicated in the l l Edition of the Massachusetts'Natural'Heritage Atlas Scientific name Common Name Taxonomic Group State Status Clemmys insculpta Wood Turtle Reptile Special Concern Ambystoma jeffersonianum Jefferson Salamander Amphibian Special Concern These species are protected under the Massachusetts Endangered Species Act (M.G.L. c. 131A) and its implementing regulations (321 CMR 10.00). State - listed wildlife are also protected under the state's Wetlands Protection Act (M.G.L. c. 131, s. 40) and its implementing regulations (3 10 CMR 10.37 and 10.59). Fact sheets for these species can be found on our website hitp:/ /www. state. ma. us /dfwele /dfw /nhesp /nhfact.htm This evaluation is based on the most recent information available in the Natural Heritage database, which is constantly being expanded and updated through ongoing research and inventory. Should your site plans change, or new rare species information become available, this evaluation may be reconsidered. MA Endangered Species Act (G.L. c. 131A) Using the list of rare species provided above, we. recommend that rare wildlife and /or plant surveys and assessiiments be conducted'by qualified individuals within suitable habitats on and near the site accordini to scientifically accepted survey methodologies; Survey methodologies° sfiouid by NHESP prior to initializing rare species surveys. A Rare 'Ani`inal/PYant Observation Form, available at our website www.nhesp.org should be submitted for each species www. masswildlife.org Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792 -7270 Fax (508) 792 -7275 An Agency of the Department offisheries,_ Wildlife &.Environmental Law Enforcement _. _ _ encountered. If during this site evaluation rare species are found on or near the site, then site plans and a project description should be sent to NHESP Environmental Review to determine whether a probable "take" under the MA Endangered Species Act would occur (321 CMR 10.04). If NHESP determines that the proposed project would "take" a rare species, and the site is greater than two acres, and within a Priority Habitat site, an Environmental Notification Form should be submitted pursuant to the MA Environmental Policy Act regulations (301 CMR 11.03(2)(b)(2)). If the project site does not occur within a Priority Habitat, but rare species have recently been found on or near the site, then site plans and a site description should be submitted for MESA review. A Conservation & Management Permit (301 CMR 10.04 (3)(b)) may be required for work in rare species habitat. Wetlands Protection Act If the project site is within Estimated Habitat for Rare Wildlife and a Notice of Intent (NOI) is required, then a copy of the NOI must be submitted to the NHESP in a timely manner so that it is received at the same time as the local conservation commission. Using the species list provided above, the Resource Areas on the site should be evaluated as important wildlife habitat for state - protected species, focusing on those areas that provide feeding, breeding, over - wintering, shelter and migration functions. The project should be evaluated for compliance with the rare species performance standard so that there shall be no short- or long -term adverse effects to the habitat (within Resource Areas) (310 CMR 10.37 and 10.59). If you have any questions regarding this review, please call Megan Whitman, Environmental Review Assistant, at ext. 303. Sincerely, Thomas W. French, Ph.D Assistant Director cc: Northampton Planning Board Northampton Conservation Commission