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Mill River-Beaver Brook Greenways-Arch Bridge Repairs Wetlands DeterminationMassachusetts 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 When filling out "" forms on the Northampton __computer, use _. _Conservation Commission only the tab key to move To: Applicant your cursor - do not use the Northampton Office of Planning and return key. Dev elopment 210 Main Street, Room 11 VQ Mailing Address Northampton MA 01060 Baum City/Town State Zip Code Property Owner (if different from applicant): Northampton Conservation Commission Name 210 Main Street, Room 11 Mailing Address Northampton MA 01060 City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Request for Determination and Supporting Materials 1/18/13 Title Date Title Title 2. Date Request Filed: January 22. 2013 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. Project Description (if applicable): The applicant proposes repairs necessary to restore and rehabilitate the arch bridge that carries the Norwottuck/MassCentral Rail Trail over Beaver Brook, near its confluence with the Mill River. Work will include: 1) Repointing the bridge, including singnificant mortar replacment. Temporary Scaffolding to be installed within the stream bed and on the bank to facilitate this work, A net will be hung from the scaffolding to catch any falling mortar or other small debris. 2) Removal of all vegetation on top of the bridge. Limited to the footprint of the bridge structure, and will not extend to any other areas. 3) S ealing the top of the bridge with asphalt or concrete, limited to the bridge structure. Project Location: off Haydenville Road Street Address 06 Assessors Map /Plat Number wpeform2.doc • Determination of Applicability • rev. 10/6104 Date Northampton City/Town 008 Parcel /Lot Number Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands - WPA Form Z — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) _ The- following_ Deter -mination(s) -is /are - applicable -to- the - proposed- site - and /or- project- relative -to- the -Wetl 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 wpaformIdoc • Determination of Applicability • rev. 1016104 Ordinance or Bylaw Citation Page 2 of 5 Massachusetts Department of Environmental Protection WPA IL Bureau of Resource Protection - Wetlands I ®rm Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑-6. T-he- following - area- and/or- work, if -any,, is- subject to- a- municipal - ordinance -or- bylaw -b 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, subject to the conditions in Attachment A. ❑ 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. wpaformIdoc - 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: T ivlunlclpaiity 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: 9 by hand delivery on ❑ by certified mail, return receipt requested on Aard 1a, Q L)r D to 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 findyour htm and the property owner (if different from the applicant). arm / Ll a01 Date wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5 LI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I WPA Form 2 = Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals T_he_applicant, owner-, -an_y_ per - son- aggr- ieved- b- y_this_Deter_mination,_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/regionzfindvour.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 0000❑❑❑❑❑dohttp: / /www. mass. gov / dep / about /region.findyour.htm ❑m❑ ❑H❑❑❑❑❑ 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. wpaformIdoc - Determination of Applicability -rev. 10/6/04 Page 5 of 5 "ATTACHMENT A" 1. Prior to any work on the project, the applicant must provide a scaffolding plan for the Commission's review and approval. 2. Appropriate erosion control shall - be installed as —necessary.-- — 3._ The applicant shall _ contact the Commission and-arrange- for a site visit when work on the project is underway. 4. The applicant shall contact the Commission when work is complete. The Commission will inspect the site and may require vegetation replanting. Permit Application Todav's Date- 02/11/2013 Owner Applicant Northampton Conservation Commission Northampton Office of Planning and Development 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 / 000 / 008 Deed Book of all lots in project: B10164, p119 Project work address: 0 HAYDENVILLE RD City / State / Zip: Leeds 01053 Zoning District: FFR 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 Conservation Area Planned Use Work proposed includes that necessary to restore and rehabilitate the arch bridge over Beaver Brook, to include repointing and mortar replacement, removal of vegetation, and sealing. Detailed Project Information Wetlands Description: Proposed work includes only bridge repairs, and should not have any negative effects to wetlands or other resource areas. Files Uploaded: 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: 02/11/2013 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton L I WPA Form 1- Request for Determination of Applicability City /Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 2. Representative (if any) tetwn E -Mail Address MA 01060 State Zip Code Fax Number (if applicable) Firm Wayne Feiden wfeiden @northamptonma.gov Contact Name E -Mail Address Mailing Address City /Town State Zip Code Phone Number Fax Number (if applicable) B. Determinations 1. 1 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: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 1 of 4 A. General Information Important: When filling out 1. Applicant: forms on the Northampton Office of Planning and Development computer, use Name only the tab key to move your 210 Main Street, Room 11 cursor - do not Mailing Address use the return Northampton key. City /Town 413- 587 -1265 raa I Phone Number 2. Representative (if any) tetwn E -Mail Address MA 01060 State Zip Code Fax Number (if applicable) Firm Wayne Feiden wfeiden @northamptonma.gov Contact Name E -Mail Address Mailing Address City /Town State Zip Code Phone Number Fax Number (if applicable) B. Determinations 1. 1 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: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton WPA Form 1- Request for Determination of Applicability City /Town 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): off Haydenville Road Northampton Street Address City /Town 06 008 Assessors Map /Plat Number Parcel /Lot Number b. Area Description (use additional paper, if necessary): Beaver Brook. at confluence with the Mill River c. Plan and /or Map Reference(s) Locus Map Title Date Beaver Brook Bridge Photos Title Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): The applicant proposes repairs necessary to restore and rehabilitate the arch bridge that carries the Norwottuck/MassCentral Rail Trail over Beaver Brook, near its confluence with the Mill River. Work will include 1) Repointing the bridge, including singnificant mortar replacment. Temporary Scaffolding will be installed within the stream bed and on the bank to facilitate this work, but will not include any dredging or destruction of vegetation. A net will be hung from the scaffolding to catch any falling mortar or other small debris. 2) Removal of all vegetation on top of the bridge. Vegetation removal will be limited to the footprint of the bridge structure, and will not extend to any other areas. stream bed to provide access to the bridge 3) Sealing the top of the bridge with asphalt or concrete. Again, this work will be limited to the bridge structure. The applicant requests that the Commission find that the proposed work does not constitute an alteration under the WPA or Northampton Wetlands Ordinance. wpaform1.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton L I WPA Form 1- Request for Determination of Applicability City /Town 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). Riverfront Area Exemption - 310 CMR 10.58 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.) wpaform1.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton WPA Form 1- Request for Determination of Applicability City /Town Massachusetts Wetlands 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: n Conservation Commission Name 210 Main Street Mailing Address Northampton City /Town MA 01060 State Zip Code Signatures: 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. 01/18/13 Signature of Applicant Date Signature of Representative (if any) Date wpaform1.doc Page 4 of 4 Q x W I C Q Z � r m 0 B 0 NRQ EVERGRE RD C� z w m Q EAST CENTER ST LU O UPLAND RD z m FRp S �cRV p R m ST O c z � z m �Q o Beaver Brook Arch Bridge