06-013 Wetland310CMR 10 99
DEP File N.
Turin 3 (To be prariticd b� DEP)
City/Town Northampton
Applicant Dept. of Public Works
Commonwealth Department of
o /Massachusetts Defense
Notice of Intent united States
_ Under the ofamem a
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
The City of Northampton's Wetland Protection Ordinance, Ch. 24
and
Application for a Department of the Army Permit
Part I: General Information
1.
Location: Street Address Haydenville Road (Route 9), Northampton, MA
—
Lot Number
2.
Project: Type Water Treatment Description Chemical treatment facility to provide corrosion control for
compliance
with Lead and Copper Rule, public drinking water supply.
3.
Registry: County Hampshire Current Book
&Page
—
Certificate (if Registered Land)
4,
Applicant City of Northampton, Department of Public Works
Tel. 413 -587 -1570
_
Address 125 Locust Street, Northampton. MA 01060
5.
Property Owner City of Northampton
Tel. 413- 587 -1570
Address 125 Locust Street, Northampton, MA 01060
6.
Representative Peter Calderazzo. Project Engineer
Tel. 617 - 695 -3329
Address 31 St. James Avenue, Boston, MA 02116
7. a. Has the Northampton Conservation Commission been sent, by certified mail or hand deliver, 9 copies and the
Department's Regional Office been sent, by certified mail or hand deliver, 2 copies of completed Notice of Intent.
with supporting plans and documents?
Yes 0 No F1
b. Has the fee been submitted ?* Yes 0 No • Exempt
c. Total Filing Fee Submitted Exempt
d. City/Town Share of Filing Fee State Share of
Exempt Filing Fee Exempt
(sent to City/Town) (' /i of fee in excess of $25. sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the fee? 0 Yes L] No
E Under which laws is this permit being requested?
Mass Wetlands Protection Act F Northampton's Wetland Protection Ord 0
Effective 11/20/92 3 -1
NOI.DOC
8. Have all obtainable permits, variances and approvals required by local by -law been obtained'
Yes ❑ No[s]
Obtained: Applied For: Not Applied For
Buildino Permit
9. 1s any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. a 131. § 40A or G.L a 130. 105'
Yes [] No I
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying Number/Lener Title, Date
Figure No. I USGS Locus Map -Dec. 1998
Figure No. 2 11" x 17" Lot plan - Dec. 1998
Drawing No. C -I 2'x 3' Site Plan - Corrosion Control Facility
11. Check those resource areas within which work is proposed:
(a) IE Buffer Zone
(b) Inland:
Bank* Land Subject to Flooding
E] Bordering Vegetated Wetland* ❑ Bordering
F Land Under Water Body & Waterway* E] Isolated
(c) Coastal:
Land Under the Ocean* ❑ Designated Pont Arca*
Coastal Beach* ❑ Coastal Dune
Barrier Beach* 7 Coastal Bank
E] Rocky Intertidal Shore* ❑ Salt Marsh'
E] Land Under Salt Pond' Land Containing Shellfish*
7 Fish Run*
'Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for completing
Notice of Intent.
[Ifectivc 11/20/92 3 -2
NOLDOC
11 Is the project within estimated habitat which is indicated on the most recent Estimated Habitat Map of State- Listed
Rare Wetlands Wildlife (if any) published by the Natural Heritage and Endangered Species Program?
—' YES ( ) NO ( X ) Date printed on the Estimated Habitat Map
NO MAP AVAILABLE ( ) (if my) 1997 -1998
If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program via the
U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two
days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP
regional office?
YES ( ) NO ( )
If yes, please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered Species
Program.
Part 11: Site Description
Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearl),
completely and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Nato_ I��
N/A Soils
N/A Vegetation
f Fig.I Topography
Fig. 1; Dwg. C-1 Open water bodies (including ponds and lakes)
Fig. I Flowing water bodies (including streams and rivers)
N/A Public and private surface water and ground water supplies on or within 100 feet of site
N/A Maximum annual ground water elevations with dates and location of test
Dwg. C -1; Fig. 2 Boundaries of resource areas checked under Part 1, item I I above
N/A Other
Man-nladQ Features:
N/A Structures (such as buildings, piers, towers and headwalls)
N/A Drainage and flood control facilities at the site and immediately off the site, including culverts
and open channels (with inverts), dams and dikes
N/A Subsurface sewage disposal systems
Fig. 2; Dwg, C -I Underground utilities
Effective 1120/42 3 -3
NOI.DOC
Dwe- C -1 Roadways and parking areas
Fig, 2, Dwe. C- I Property boundaries, easements and rights -of -way
-" N/A Other
Part 111: Work Description
Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly_
completely and accurately describe work proposed within each of the resource areas checked in Pan 1, hem 1 I above.
Identifying
' Number /Letter
(of plan, narrative
or calculations)
Planview and Cross Section of.
Nan. A; Dwg. C -I Structures (such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts and open channels (with invents), dams
N/A and dikes
Nan. A; Dwg. C -1 Subsurface sewage disposal systems & underground utilities
N/A Filling, dredging and excavating, indicating volume and composition of material
_ Compensatory storage areas, where required in accordance with Part III, Section 10.57(4) ofthe
N/A regulations.
N/A Wildlife habitat restoration or replication areas
N / A Other
Point Source Discharge
Description of characteristics of discharge from point source (both closed and open channel).
when point of discharge falls within resource area checked under Part 1, item I I above, as
N/A supported by standard engineering calculations, data and plans, including but not limited to the
following.
I, Delineation of the drainage area contributing to the point of discharge;
2. Prc-and post - development peak mn -off from the drainage area, at the point of discharge. for at least the I D -year and 100 -year
frequency storm;
3. Pre -and post -development rate of infiltration contributing to the resource area checked under Part I_ item 11 above,
4. Estimated water quality characteristics ofpm- and post-devclopment run-offat the point ordischaree.
_. Etteetive 11/20/92 3 -4
NO]
310 CMR: DE, . ATMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
Part V: Additional Information for a Department of the Army Permit
_ 1. COE Application No.
(to be provided by COE)
2.
(Name of Waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives (i.e., other locations and/or construction methods, particularly those that would
eliminate the discharge of dredged or fill material into waters or wetlands).
5. 8 x 11" drawings in plarview and cross - section, slowing the resource area and the proposed activity within the
resource area. Drawings must be to scale and should clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal Permit can be issued Certifcatien may
— be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston, Massachusetts. 02108.
When: the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program. the
— applicant certifies that his proposed activity complies with and will be conducted m a manner that is consistent with the approved
program.
Information provided will be used in evaluating the application for a permit and is made a matter of publ record trough issuance
— of a public notice. Disclosure of this intormation is voluntary; however, if necessary information is not provided the application
cannot be processed nor can a permit be issued.
— I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents
and supporting data are true and complete, to the best of my knowledge.
Signature of'Applicant Date
Signature of Applicant's Representative Dale
Form "Exception to ENG Form 4345 approved by HOUSACE, 6 May 1982"
NED 100 (Test)
1 MAY 82 "This document contains ajoim Deparmrem of the Army and sate of Massachusetts application for a
permit to obtain permission to perform activities in the United States waters. The Office of
Management and Budget (OMB) has approved these questions required by the US Amry Corps
of Engineers . OMB Number 072 -0036 and expiration date of 30 September 1983 applies ".
This statement will be set in 6 point type.
- 4/1/94 310 CMR - 415 415
NOTICE OF INTENT APPLICATION
CITY OF NORTHAMPTON
CORROSION CONTROL FACILITY
ener 1
This application pertains to a request to construct a corrosion control facility to treat the
City's water system supplies for compliance with a Consent Order issued on 2/28/98 by
the Department of Environmental Protection (DEP). The design includes a pre -
engineered metal building with a concrete foundation, chemical feed systems for pH
adjustment and phosphate addition, containment, process equipment and controls. water
supply and sampling lines.
Foundation construction and water line installation associated with the project will
require some excavation activities within the 100 foot Buffer Zone of Bordering
Vegetated Wetland (BVW). This report describes existing conditions in the construction
area and the proposed construction activities.
Existing Condition
The property consists of an approximately 200 -foot by 140 -foot parcel of land which the
City of Northampton is currently in the process of acquiring. The site is located
approximately 800 feet south of the Williamsburg Town line along the east side of
Haydenville Road (Figure No. 1).
The proposed project site currently consists of a frontage thickly lined with trees, yielding
to an area of old growth meadow containing common, tall grasses. The edge of the
closest Bordering Vegetated Wetland is located down slope and to the southeast of the
site. A small pond is located approximately 125 feet west off the southwest corner of the
Propose d site. A portion of the proposed building and paved access road are located
within the 100 -foot buffer -zone of the BVW along with a section of water piping (see
Figure No. 2).
Proposed construction activities at the site will consist of the following:
1. Clearing and grubbing the site as required for access road and building
installation.
2. Installation of underground chemical feed, water supply and sampling piping.
3. Installation of paved access road and pre - engineered metal building to house
equipment required to provide corrosion control.
4. Installation of chemical injection and water supply vaults (located outside the
buffer zone).
5. Temporary stockpiling and storage of construction materials equipment
(outside the buffer zone).
6. Installation and maintenance of sedimentation control barriers.
_ Miti atine Measures
Sedimentation barriers will consist of a line of entrenched, staked hay bales and silt fence
to be installed along the proposed limit of disturbance and is intended to intercept any
runoff flowing towards the wetlands area
Work area will be restored to pre - construction conditions with minimal changes to
topography or cover.
S
Construction activities will result in temporary disturbance of the buffer zone. Only
minimal changes to topography or cover will occur as a result of the proposed activity.
Significant impacts to Buffer Zone or BV W are not anticipated as a result of the proposed
construction activity.
Doc. 9�0]0�5 OR X56341
0001 `Co 6k013bevol
310CMR 10.99 DEP File No. 246-441
t 1
(To be provided by DEP)
Form 5 City/Town Northampton
Applicant
Commonwealth Ma
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To:
City of Northampton City of Northampton
Department of Public Works Dgpartmment of Public Works
Name of property owner Name of Applicant
125 Locust Street, Northampton MA 01060 125 Locust Street. Northampton MAO 1060
Address Address
This Order is issued and delivered as follows:
[X] by hand delivery to applicant or representative on February 2, 1999.
[ ] by certified mail, return receipt requested on (date)
This project is located in Northampton at Haydenvill e Road (Route 9)
The property is recorded at the Registry of Hampshire County
Book 1054 Page 143
Certificate (if registered) N/A
The Notice of Intent for this project was filed on December 28, 1998.
The public hearing was closed on January 25, 1999.
Findings:
The Northampton Conservation Commission has reviewed the above - referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Conservation Commission at this
time, the Commission has determined that the area on which the proposed work is to be done is significant to the
following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area
Subject to Protection Under the Act (check as appropriate):
[X ] Public water supply [ ] Flood Control [ ] Land containing shellfish
[ ] Private water supply [X] Storm damage prevention [ ] Fisheries
[ ] Ground water supply [X] Prevention of pollution [ ] Protection of Wildlife Habitat
Total Filing Fee Submitted $&=t State Share $ City Share $
('/Z fee in excess of $25)
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
1
Therefore, the Northampton Conservation Commission hereby finds that the following
conditions are necessary, in accordance with the Performance Standards set forth in the
regulations, to protect those interests checked above. The Conservation Commission orders that
all work shall be performed in accordance with said conditions and with the Notice of Intent
referenced above. To the extent that the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of Intent, the conditions shall control.
General Conditions:
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by -laws or
regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three
years, but less than five years, from the date of issuance and both that date and the
special circumstances warranting the extended time period are set forth in this
Order.
5. This Order may be extended by the issuing authority for one or more periods of up to
three years each upon application to the issuing authority at least 30 days prior to the
expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of my of the
foregoing. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse;
7. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, with all proceedings, before the Department
have been completed.
8. No work shall be undertaken until the Final order has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of
title of the affected property. In the case of recorded land, the Final Order shall also be
noted in the Registry's Grantor Index under the name of the owner of the land upon which
the proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be proposed work is to be
done. The recording information shall be submitted to the Commission on the form at the
end of this Order prior to commencement of the work. The Commission usually will
record the Order in the Registry of Deeds. It is the applicant's responsibility to
insure the Order is properly recorded.
A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the works, "Massachusetts Department of Environmental
Protection, File Number 246-441,"
10. Where the Department of Environmental Protection is requested to make a determination
and to issue a Superseding Order, the Conservation Commission shall be a party to all
agency proceedings and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in
writing that a Certificate of Compliance be issued stating that the work has been
satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
PLANS /TITLE DATED SIGNED & STAMPED BY:
"Corrosion Control Facility for the City of 12/98
Northampton MA C-1," prepared by
Anderson - Nichols
All Plans and information on rile with Northampton Conservation Commission
SPECIAL CONDITIONS:
13. The Commission and its agents shall have the right to enter and inspect the property at
any time to monitor for compliance with the conditions of this Order, the Act, and
Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's
Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request
and receive any data or documentation that is deemed necessary for evaluation of
compliance.
14. This Order of Conditions shall apply to any successor in interest or successor in control;
15. The owner of the property described in this Order, must advise any potential buyer of the
property that any construction or alteration to said property, including brush cutting or
clearance, may require approval by the Northampton Conservation Commission.
Any instrument conveying any or all of the owners' interest in said property or any
portion thereof, shall contain language similar to the following:
"This property is subject to the Northampton Wetlands Protection
Ordinance and /or Wetlands Protection Act. Any construction or
maintenance work performed on this property requires an Order of
Conditions, and/or a Determination of Applicability from the Northampton
Conservation Commission ";
16. The contractor is as responsible as the applicant and properly owner for any violations of
the Orders of Condition and penalties under the law, while all activities regulated by this
Order are being performed.
17. A copy of this Order and associated plans shall remain on site during all construction
and /or building activities. The project manager and all equipment operators shall be
familiar with the approved plans, and shall be informed of their location on the site.
This location shall be accessible to all contractors whenever work is occurring on
site.
18. All required permits must be obtained from the Army Corp of Engineers (Section 404,
Water Quality Certification), Planning Board, Zoning Board, Department of Public
Works, or Building Inspector prior to the start of projects involving fill within any
wetland resource area;
19. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40
feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a
wetland, unless such areas are specifically approved by the Commission, in accordance
with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24;
20. Any change or deviation from the Notice of Intent, plans and /or Order of Conditions
approved by the Commission, prior to or during construction, shall require the applicant
to file a request for an amendment with the Conservation Commission. it shall include a
written inquiry as to whether or not the change is substantial enough to require the filing
of a new Notice of Intent.
After making a positive determination, the Commission shall conduct a public hearing to
amend the Order or to issue a new Order, if a new Notice of Intent is required.
21 in accordance with General Condition 8 on page 5 -2 of this Order, this Order shall be
recorded at the Hampshire County Registry of Deeds by the Northampton Conservation
Commission prior to commencement of work on the site.
22. All revised plans, referenced within this Order of Conditions, shall be approved by the
Conservation Commission and incorporated into this Order by reference and shall be
followed during the course of construction.
23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows:
(None).
PRE - CONSTRUCTION REQUIREMENTS:
24. Prior to the start of any site work, excavation or construction, a prcconslruction
conference shall be held on the site, between the contractor conducting the work, the
site /project engineer, the applicant, and a member or agent of the Conservation
Commission, in order to ensure that the requirements of this Order are understood by all
parties. Prior to the pre-construction meeting, all erosion control devices must be
installed, also.
25. In the event of an emergency, problem, or the need to discuss site conditions with the
Commission or its agent, the contact person for this project shall be: John Bennett (days)
and (evenings & weekends);
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
EROSION AND SEDIMENTATION CONTROL:
26. Areas of construction shall remain in a stable condition at the close of each
work/construction day:
A. Erosion controls shall be inspected at this time, and after each rainstorm.
B. Any entrapped silt shall be removed to an area outside of the buffer zone and
wetland resource areas.
C. Any breaches in the siltation barriers shall be repaired prior to leaving the site for
the day.
D. All erosion controls must be maintained or reinforced to meet specifications in the
plans and this order and shall be replaced as necessary.
E. An adequate stockpile of erosion control materials shall be on site at all times for
emergency or routine replacement The stockpiles equipment shall include
materials to repair silt fences, haybales, or any other devices planned for the
control of erosion at the site.
POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE:
27. Upon completion of the project, the Applicant shall submit a certification that all work
has been done in confe mane with the provisions of the Order of Conditions and request
a Certificate of Compliance.
Ifchecked: [XIYES
Certification shall be by a Professional Engineer.
310CMR: DEP. .fMENTOFENVTRONMENTALPR-""�CTION
10.99: connived
Issued by the Northampton Conservation Commission
This Order must be signed by a majority of the Conservation Commission. -
Oil this 25th d January 99
Mason Mfl>onn- -- ayoL. _. 19 before me pcisonally
appeared -__ _ , to me kn.yal to be the person described in, and who excelled,
the foregoing vu hurnem, and acknowledged that he/she executed the same as his/her free act and deed_
Notary Public My Cornruission E pues
The applicant, the owner, any person aggrieved by this Order, 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 Department of Environmental Protection to issue a Superseding-Order, providing the
request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee
Transmittal Form as provided in 310 CUR 10.030 within ten days from the date of issuance of this determination.
A copy of the request shall at the carne time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
Detach on dotted line and subunit to the Northampton !` rYatlonLo inn prtor to wmmeocement of work
To NnrfhamP n"LCsonsaorsaaOa(:a aaaaca- _ _ _ Issuing Autho nl—
Please be advised that the Ordct of Conditions foe the project at _
File Ntrmhet _ _ has been retarded at the Registry of and
has been noted in the chain of tide ofthe affected property in accordance with General Condition 8 on 19
if recorded land, hte instrument number which identifies fhis transaction is
ff registered land, the document number which identifies this n,mactioa is
Srgnalure
_. — _. ___ _ — _Applicant
1 1/9,1 3l0t 'L
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
June 30, 2006
Citp Hall • 2ro Main Street, Room i r • Northampton, MA oro6o -3i98 (4i 3) s 8 7 -1266 • Fax: 5 8 7 -126 4
wa,Vne Feitfen, Director
Harry Culver
284 Williamsburg Road
Williamsburg, MA 01096
it ww. Noy thamp to" Ma.,gov
RE: Department of Environmental Protection Form 9- Enforcement Order
Dear Mr. Culver,
On June 22, 2006 the City of Northampton Conservation Commission ratified the
Enforcement Order issued on June 13, 2006. On behalf of the Northampton
Conservation Commission, I am writing to inform you that the Commission amended the
Enforcement Order to require the submission a Notice of Intent, by July 31, 2006. The
Notice of Intent shall detail the work that has been completed to date and any work that
you would like to conduct within the resource area or buffer zone to the resource area.
Enclosed is a WPA Form 3- Notice of Intent with instructions for you or your
representative to complete.
Please feel free to contact our office if you have any questions.
Sincerely,
Bruce W. Young
Land Use and Conservation Planner
cc: Mark Stin Environmental Analyst
Depart nt of Environmental Protection
planning board • conservation commission • zoning boa rdof appeals • bousinq partnership • recfevefopment(I" 0oritp • nortbampton GIS
economic cfevefopment - communith (fevefopmepit - fjistoric tfistrict commission - I[)istoricaI commission - central b14smess architecture
miginaf otintedopt reehcfed
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important: This Enforcement Order is issued by
When filling out
forms on the
Northampton
computer, use
Conservation Commission (Issuing Authority)
only the tab
key to move To:
your cursor -
do not use the
Harry Culver
return key.
Name of Violator
284 Williamsburg Road Willia msburg, MA 01096
lie rab
Address
1.
Location of Violation:
eturn
Harry Culver
Property Owner (if different)
Parcel off of Ha denville Road
Street Address
Northampton
City /Town
06
rs Map /Plat Number
DEP File Number:
June 13, 2006
Amended June 22, 2006
01060
Zip Code
13
Parcel /Lot Number
Assesso
ce is required, please attach a separate sheet):
2. Extent and Type of Activity (if more spa
Alterinq Riverfront Area and buffer zone to Borderin Vegetated Wetlands
B. Findings
The Issuing Authority has determined tha �oection Act (M G
the above e§ 40) and resource
its Regulations (310
zone and is in violation of the Wetlands P
CMR 10.00), because: area ® the activity has been /is being conducted a uthority (i ebJ a Orders 3 he
of Conditions Negative
buffer zone without approval from
Determination).
Scanned
Digitized
Checked
Page 1 of 4
wpaform9a doc • rev 7/14/04
Massachusetts Department of Environmental Protection DEP File Number
\ Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
❑ the activity has been /is being ln� authoe� i
approval (i.e., sub val d Order pro Condit onslorlNegative the
buffer zone in violation of an lssu g Y
Determination of Applicability) issued to:
Dated
Name
Condition number(s)
File Number
❑ The Order of Conditions expired on (date): Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outsid the a re a s su bject to
c 1 1 s.40. p rot e ctio n under MGL c.131 s.40 and the buffer zone,
e
but has altered an subj
❑ Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and /or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before Date
for the following:
The restoration shall be completed in accordance with the conditions and timetable established by the
issuinq authority.
Sca �ric:!
G i .'I itzcd
Che
Page 2 of 4
wpaform9a doc • rev 7/14/04
[L17 Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order 40
1)v 131 Massachusetts Wetlands Protection Act M.G.L. c. , §
C. Order (cont.)
❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. erosion /sedimentation controls) to
® The property owner shall take the following action (e.g.,
prevent further violations of the Act:
By July 31, 2006, been submit
completed to any work that the applicant would like detailing
the work that has been p
the resource area or buffer zone to the resource area
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment, or (b) shall be subject to a civil penalty not
to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals /Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Bruce W. Young
Name
413- 587 -1263
Phone Number
M -F 9:00 - 4:30
Hours /Days Available
Issued by:
Northampton
Conservation Commission
Conservation Commission signatures required on following page.
Page 3of4
wpaform9a doc • rev 7/14/04
Massachusetts Department Protection Wetlands
Protection
DEP File Number:
I
Bureau of Resource
WPA Form 9 — Enforcement Order
\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §
D. Appeals /Signatures (cont.)
In a situation regarding immediate1edCtlbon ity Order
of the members at t e ne signed single
scheduled meeting of the
agent of the Commission and ratified y major
Commission.
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D'Uc�ltl�
Page 4 of 4
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June 17, 2006
The Brook Club, Inc.
1$3 Main Street, p'.U. Box 154
Haydenville, M.A. 01039
Jim DiMaio, Chief Forester
Department of Conservation and Recreation
Bureau of Forestry
251 Causeway St., Suite 900
Bosto% MA. 02114 -2104
Dear Mr. DiMaio,
I am writing you to formally express my concern over the proposed Forest Cutting
Plan submitted by Dana Culver on or about June 12, 2006.
Although Mr. C u l ver has indzcated a lauding on Helen► SYMon's Pmp�Y, her
pa=l is land - locked in between my golf course. Please be advice that I have not
granted a p for Mir. Culver to traverse my property sad have not signed
the Forest Cutting Plan.
The only other path to the proposed cutting area is through Beaver Brook and
extensive wetlands. The City of Northampton Conservation Commission has already
issued a wetland violation; to Mr. Culver for "altering the nverfront area and buffer zone
to bordering wetland vegetation ".
I urge you to closely examine the Forest Cutting Ilan submitted by Dana Culver
and kindly request your acknowledgement of this letter.
Sincerely yours,
Hiroshi Akimxota
Cc: Jim Soper, Program Supervisor Scarred
011ie pierce, Regional Director
Carno.ine Angeloni, Service Forester - Region 4 rhecl <ed
Carolyn Misch, Northampton Planning Board
June 17, 2006
James DiMaio, Chief Forester
Department of Conservation and Recreation
Bureau of Forestry
251 Causeway St Ste 900
Boston, MA 02114 -2104
Dear Mr. DiMaio:
My name is Robert Bates. I am a former member of the Northampton Conservation
Commission, the owner and operator of a certified tree farm, and an abutter to the property
Harry Culver and Bill McLoughlin have notified me of their intent to harvest.
I find that the notice I received is incomplete. There is no file number, and the city/town is
left blank. The notice of intent is very vague as to what they are planning.
I find their cutting plan equally vague. They seem to be proposing to cut seven (7) acres
bordering on Rt 9, Haydenville Road. If that is true, then I am not within "two hundred feet
of the edge of the cutting area."
My greatest concern is an apparent lack of definition of the exact area to be cut. I do not
see any evidence of a study of the environmental impact of the cutting. Most importantly, I
do not feel they have adequately delineated the wetlands within this property.
The map shows, and I am personally familiar with, a number of streams and marshes.
While on the conservation commission, I saw how easy it was to ignore orders to cease and
desist when invading and /or doing harm to wetlands. The violator just continued beyond
the point of no return.
In the few conversations I have had with these individuals, I found their statements to be
misleading. My neighbors have expressed concern that Mr. Culver did not observe pin
boundaries and marked trees on abutting property.
Therefore, I am writing to urge you to give careful and full consideration to their request for
cutting and to recommend the Northampton Conservation Commission require all necessary
studies, delineations and permits as they monitor this situation closely.
Respectfully yours,
,
Robert E. Bates
710 North Farms Road
Florence, Mass 01062 -1077
cc: Jim Soper, Program Supervisor - Service Forestry
011ie Peirce, Regional Director - Region 4
Carmine Angeloni, Service Forester - Region 4
Northampton Conservation Commission
Northampton Office of Planning & Development
S Ca"Cn ed
LJ I - t F r",
ALEXANDER JANKO
668 North Farms Road
Florence, MA 01062
413 - 303 -0459
afmontabela.com
June 16, 2006
Jim DiMaio, Chief Forester
Department of Conservation and Recreation
Bureau of Forestry
251 Causeway St Ste 900
Boston, MA 02114 -2104
Dear Mr. DiMaio:
STEVE FRANK
680 North Farms Road
Florence, MA 01062
413 -584 -3728
stevefrank&niindspring. com
via fax #617.626.1351
& email
& USPS certified mail
We are writing you as abutting neighbors, families and citizens to formally express that
the proposed Forest Cutting Plan submitted by Dana Culver on or about June 12, 2006 be
rejected by the Bureau of Forestry for the following reasons:
1. Conversion Cutting: intent to change the land use of the parcel for development
2. Wetlands Violations: negating sustainable forestry and environmental practices
3. Trespassing: lack of legal easement rights to the parcel in question
With respect to point 1, Mr. Culver and Mr. McLoughlin approached us to communicate
their intent and to offer land for sale. From our conversations with Mr. Culver and Mr.
McLoughlin and the attached letter, they explained that they intend to use logging as a
method of clearing the land for development. The letter clearly states their intent to
log the site as the first step of development and offers to sell build -able lots
currently. Our understanding is that this type of dual intent is contrary to the spirit if not
legal purpose of Massachusetts Forestry and City of Northampton Zoning regulations.
Furthermore, Mr. Culver and Mr. McLoughlin are currently in negotiations to sell the
property to (or partner with) at least one local developer while concurrently trying to
execute the filed forest cutting plan. Just yesterday, they approached another neighbor,
Hiroshi Akimoto, to inquire about including his land in their overall development scheme
and have made previous inquires with the City regarding low- income housing options.
With respect to point 2, we are concerned that their intent is to log all commercially
valuable timber and clear for development, with no desire to follow environmental laws
and sound environmental practices. On June 13, 2006 the Northampton Conservation
Commission issued the owners a WPA Form 9 Enforcement Order for violating the
Massachusetts Wetlands Protection Act, MGL. C. 131, 40 on the property of the
proposed cutting plan, a copy of which we have enclosed. The owners have altered
the riverfront area and buffer zone to bordering vegetative wetlands destroying
beaver dams and cutting down trees. They have clearly violated "Best Management
Practices" with the wetlands violations by operating on wetland resource areas as well as
cutting trees prior to receiving an approved forest cutting plan.
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Furthermore the owners have expressed to us that their intent is to clear for maximum
current economic value and not follow sustainable forestry. They have indicated the
submitted plan was just to get approval and that they could do what ever they wanted.
We are concerned that the blatant wetlands violations virtually co- incident with filing the
forest cutting plan suggests that the applicants will not follow the forest cutting plan nor
follow sound environmental practices and are not entitled to the public trust.
With respect to point 3, the forest cutting plan does not show how the forest products
will be removed. The plan shows a landing on the Helen Symons property (where
they intend to cut tress as well), which is land - locked, but no path to Haydenville
Road (state route 9). The owner of the adjacent land, Hiroshi Akimoto, has NOT
granted permission to traverse his property and there is no signature from him or
Helen Symons on the application The only other path to the cutting area is through
Beaver Brook and surrounding wetlands. The applicant already has been issued a
wetlands violation— assumably trying to create a crossing — contrary to his own
application. The application's consistency with the applicant's actual intent is dubious.
We believe there is real intent to circumvent Massachusetts Forestry Regulations, City of
Northampton Zoning Regulations and Department of Environmental Protection
Regulations with resulting damage to the forest, the environment, our neighborhood and
the City of Northampton. We urge you to examine any submitted forest cutting plan
carefully. We appreciate that you are providing a forum for our concerns and are hoping
to engage in a constructive dialogue to resolve this issue. We are two of eight abutters
who agree with our concerns; additional correspondence will follow.
We look forward to hearing from you soon.
Be ds,
Alexander Janko Steve Frank
Encl: Letter of Development Intent
WPA Form 9 – Enforcement Order_
Forrest Cutting Plan
Cc: Jim Soper, Program Supervisor – Service Forestry fax 413.545.5995, email & USPS
011ie Peirce, Regional Director – Region 4 fax 413.545.5995, email & USPS
Carmine Angeloni, Service Forester – Region 4 fax 413.545.5995, email & USPS
Northampton Conservation Commission fax 413.587.1264, email & USPS
Northampton Office of Planning & Development fax 413.587.1264, email & USPS
e1�"t
Logging
UUL><yIl iIAIDI'iIt t�q�uf�i
We Ray Standing Timber
Ladd Improvement • Skidder/Tractor • General Forestry
►na Culver • (413) 268 -7447
RR 1 R291C
Williamsburg, MA 01096
Mass License #249
rAN 09,2006 10:49P
Dear Steven and Alex,
000 - 000 -000
we enjoyed meeting with you and have some thoughts that should be
significant in determining the price. The land cost us $325,000,
development cost we estimate at above $1,000,000 for a total of at
least $1,325,000. We also estimate that we could have 50 acres that
could be developed. Thus the cost per acre is around $1,325,000
divided by 50 or $26,000 per acre. The logging is our profit on the
work of developing the sight. This is a nice situation for us as
other developer would have to pay for removal of much of the forest
products.
We feel that if you are granted a right of way to the land purchased
you will also geed frontage for one lot, so you could build if you
wished, thus in fact you are buying a part of the future development
at a substantial discount because your part of the development can not
be done until the larger part is in place. This could be thought of as
a land investment that also protects your home and could produce
considerable cash at a future date and still continue to protect your
home.
Considering the above we feel that asking $30,000 per acre is not
unreasonable.
Sincerely
Dana Culver and
Bill McLoughlin
page 1
4:
1 2-15, L
Dear Janice Randall,
Dana Culver and I are interested m purchasing your land off of Noah Farms Rd. in
Nord nnpkuL Dana is a logger and I am an investor, together we have been able to do
several projects. We would lie to speak to you and explore the possibility of a sale.
Dana home phone is 268 -7447 bus is 268 -9055
My home phone is 268 -0313 cell is 531 -7465
ou
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w� w U. MA 030350389 0 2 1 P $► 000.39
0002533505 FEB 23 2006
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Sun,-Jun 18, 2006 23:09
From: Alexander Janko <afj @montabela.com>
To: NORTHAMPTON CONSERVATION COMMISSION
Cc: NORTHAMPTON OFFICE OF PLANNING & DEVELOPMENT
Date: Sunday, June 18, 2006 22:55
Subject: FW: JANKO: Abutting Neighbors /Hiroshi Akimoto /Robert Ba
Conservation Commission
Bruce et al:
bmpton
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Additional documentation attached for your review & latest DCR email copied below.
To date, I have only had the opportunity to speak with Bruce and John Body. Please feel
free to call me anytime day /night to discuss our abutting neighbor concerns in more detail.
Perhaps I will be able to touch base with Chair Paul Wetzel tomorrow?
As a group, many of our neighbors would like to attend this Thursday's Cons Com meeting
and share in a constructive dialogue about our concerns and strategic options. Would this
be possible? Perhaps we could /should invite Carmen Angeloni (the Region 4 Service
Forester assigned to our case by Program Supervisor Jim Soper) to attend as well?
Speaking of Carmine, please try and call him directly as soon as possible. He can be
reached at:
413.545.5750 - work
413.262.2367 - cell
carmine.angeloni @state.ma.us
Mr. Angeloni is currently reviewing the submitted Forest Cutting Plan and is more than willing
to work with the Northampton Conservation Commission. They submitted it on 6/8 and we
have only 10 days to respond. In speaking with various environmental attorneys, we have
learned that it is possible for Cons Corn to exert jurisdiction over DCR and take authority
over this cutting plan. Mr. Culvee is ALREADY in violation of the Wetlands Protection Act.
Collectively, our greatest concern at the moment is the inadequate delineation of wetlands
on the cutting plan. As abutting neighbors, we are personally aware of several more
wetland areas currently not depicted on the map. The are also several possible vernal
pools in the uplands. Without question, these 100 acres are rich in wetlands vegetation,
potentially rare species, and unique wildlife that will be permanently affected by this
proposed logging. Mass Wildlife tracks bears through this parcel all year round.
Mr. Culver's reputation proceeds him, and unfortunately this does NOT appear to be a case
of sustainable forestry or environmentally sensitive harvesting. It's timber for dollars, and
that alone is only intended to clear the way for a future development.
This land should be a City Park, opening the wildlife corridors to Fitzgerald Lake, and we
would like to help make this greenbelt dream possible.
Thank you for your time and prompt attention to this most urgent matter!
Page 1 of 3
Checked ---- --
Sun, Jun 18, 2006 23:14
Best regards,
— aj
413.303.0459
Alexander Janko
Montabela Productions
This message is intended only for the use of the addressee and may contain information that is PRIVILEGED,
CONFIDENTIAL and/or COPYRIGHTED.
If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly
prohibited by law. If you have received this email in error, please erase the message (plus its attachments) and notify us
immediately! Thank you for your consideration.
From: Alexander Janko <afj @montabela.com>
Date: Sun, 18 Jun 2006 22:27:35 -0400
To: DCR
Subject: JANKO: Abutting Neighbors /Hiroshi Akimoto /Robert Bates /Northampton
Conservation Commission
Gentlemen:
Attached you will find 3 additional letters: .<
I. Abutting Neighbors - expressing concern regarding the inadequate delineation of
wetlands on the cutting plan
2. The Brook Club - Hiroshi Akimoto has NOT granted a permission to Mr. Culver to
traverse his golf course property
3. Robert Bates - a former Northampton Cons Com member's experience with Mr.
Culver and pin boundary trespassing
We are aware that the Northampton Cons Com has left several messages for DCR and is
quite concerned about the submitted cutting plan. It is their hope to email /fax /certify mail
correspondence to DCR as soon as possible (hopefully Monday), and they will be meeting
this Thursday to address additional concerns with the abutting neighbors as well.
We urge you to review this plan very carefully as we have several concerns and many
specific objections. The environmental impact of this proposed cutting is quite significant,
and we believe additional time /studies should be completed before approval is granted.
We are more than happy to meet with DCR and discuss all our documentation in person.
Please do not hesitate to contact us at any time as we will make ourselves available at your
convenience!
Thank you for your time and prompt attention to this most urgent matter.
Best regards,
— aj
413.303.0459
Alexander Janko
4 _ -------
- -- - - - - - -- Page 2 of 3
Sun, Jun 18, 2006 23:09
Montabela Productions
This message is intended only for the use of the addressee and may contain information that is PRIVILEGED,
CONFIDENTIAL and/or COPYRIGHTED.
If you are not the intended recipient you are hereby notified that any dissemination of this communication is strictly
prohibited by law. If you have received this email in error, please erase the message (plus its attachments) and notify us
immediately! Thank you for your consideration.
S C an 1e
Ch c,i..... d
Page 3 of 3
Fri, Jun 16, 2006 15:22
From: Alexander Janko <afj @montabela.com>
To: NORTHAMPTON CONSERVATION COMMISION
Cc: NORTHAMPTON OFFICE OF PLANNING & DEVELOPMENT
Date: Friday, June 16, 2006 15:21
Subject: FW: JANKO: Culver /McLoughlin - Forrest Cutting Plan
Bruce et all:
Unfortunately, Dana Culver and Bill McLoughlin have proceeded (without even an approved
forest cutting plan) clearing the Starkus property.
Copied below is the correspondence the abutting neighborhood coalition has forwarded to
DCR.
Thankfully, they are already in violation of the Wetlands Protection Act and the City has
issued an WPA Form 9 Enforcement Order to "cease and desist ".
However, since they submitted their cutting plan to DCR on 6/8, we have only 10 days to try
and stop them from decimating this land.
After extensive conversations with various "experts" it is my understanding the the
Conservation Commission may, under certain listed exemptions, exert jurisdiction over DCR
and deny Dana Culver's permit request. As I do not know the law nor understand all
provisions of the Wetlands Protection Act, I have not yet figured out exactly how this is
done. But I have been told it is possible and in certain prior cases /townships, they have
prevailed. I believe the fact that they are ALREADY IN VIOLATION will certainly support your
decision.
Forestry has suggested Cons Com immediately write a very strong letter as soon as
possible, outlining all their concerns, requesting field studies, better wetland delineation
and - -in fact -- including the phrase "that due to listed exemptions in the Wetlands Protection
Act, we are exerting jurisdiction over this cutting plan." Or something to that effect ... I don't
know the legal verbage.
Please let us know if there is anything at all our abutting neighborhood coalition can do to
help you.
You have my word that we will assist in any way possible!
Thanks,
- aj
413.303.0459
Alexander Janko
Montabela Productions
This message is intended only for the use of the addressee and may contain information that is PRIVILEGED,
CONFIDENTIAL andlor COPYRIGHTED.
If you are not the intended recipient you are hereby notified that any dissemination of this communication is strictly
prohibited by law. If you have received this email in error, please erase the message (plus its attachments) and notify us
immediately.! Thank you for your consideration.
1 Ccan ed
L f('�Tt 7nr'
- -- - - - -- Page 1 of 2
Fri, Jun 16, 2006 15:22
From: Alexander Janko <afj @montabela.com>
Date: Fri, 16 Jun 2006 15:05:50 -0400
To: DCR
Subject: JANKO: Culver /McLoughlin - Forrest Cutting Plan
Gentlemen:
Pursuant to my telephone conversation with Carmine Angeloni this morning, here is some
of the relevant documentation the abutting neighborhood coalition has on file.
We are ALL collectively quite concerned about the currently submitted Forest Cutting Plan by
Dana Culver.
You shall also be receiving additional correspondence from:
• Bruce Young /Northampton Conservation Commission outlining their objections to the
submitted plan
• Hiroshi Akimoto formally declaring Dana Culver has NOT received permission to
traverse his property and that he has NOT signed the currently submitted cutting plan
(in fact, neither has Helen Symons, property owner of the "landing "...only William
McLoughlin, Dana Culver, Bruce Culver, and Harry Culver have signed the existing
cutting plan)
• Other abutting neighbors who would like an opportunity to comment <.
After reviewing the Forest Cutting Practices & Wetlands Protection Act, we assume:
1. "Conversion Cutting" is NOT exempt
2. Failure to comply with the wetlands provisions shall VOID the exemption
3. The landowner shall provide separate maps for wetland resource areas
4. The Director may request technical comments from the local Conservation
Commission
5. An inspection shall be made prior to the approval of any forest cutting plan involving
wetland resource areas
6. The landowner shall NOT operate on wetlands resource areas until the Director has
issued an approved forest cutting plan
Furthermore, it is our understanding that after careful review of the submitted cutting plan,
the City of Northampton Conservation Commission may exert jurisdiction under certain
exemption criteria listed in the Wetlands Protection Act.
Thank you for your time and consideration,
^ aj
413.303.0459
Alexander Janko
Montabela Productions
This message is intended only for the use of the addressee and may contain information that is PRIVILEGED,
CONFIDENTIAL and/or COPYRIGHTED.
If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly
prohibited by law. If you have received this email in error, please erase the message (plus its attachments) and notify us
immediately! Thank you for your consideration.
Scanned _ ---- _- --
Page 2 of 2
d cr
Massachusetts
0
Culver, et al
284 Williamsburg Road,
Williamsburg, MA 01096
Dear Gentlemen,
f _ _
JUL - 5 2006
June 28, 2006
Our office is in receipt of MGL c. 132 Forest Cutting Plan (FCP) 214- 2534 -6 describing a
proposed harvest on approximately 106 acres of your forestland in Northampton, Mass., received on
6/12/06, field visited on 6/27/06am and 6/28/06pm, and disapproved for the following reasons:
(1) Please revise the FCP to indicate products removal access. Please be reminded that co-
signature of the owner of off -site access, or separate Notice -Of- Intent for that owner, is
necessary when that access involves wetland crossings,
(2) The indication of `BR" and "FO" for crossing designations SC -1 and SC -2, respectively, is not
specific enough to meet best management practices. The addition of a stabilization method,
which is absent from the Plan, is critical here, in light of wetland bordering streams at the
locations described, and is required in the "Stream Crossings" section (pg. 1). In addition,
"BR" should replace "FO" for better stability at crossing SC -2.
(3) A diameter limit treatment indicated in the "Size of Trees to be Cut" section on pg. 3 of the
FCP for stands 2 & 3 is contrary to The Chapter 132 Guidance Document which specifies that
"harvests that do not include the intermediate component of the selection system create
unregulated crowding in the pole and sapling classes and a reduced production potential ". I
would suggest that you consider marking these stands to clarify your silvicultural intention.
(4) Observations from my field visit of 6/28/06am indicate that wetland boundaries are unclear,
and need to be better designated on the FCP master map. Correspondence from the City of
Northampton Conservation Commission confirms this finding, as well.
Please revise the FCP with regards the above as soon as possible so that processing may continue.
Feel free to contact this office should you have any questions regarding this matter, Thank you.
Sincerely,
Carmine L. Angeloni, Forester
Lower Connecticut River Basin District
xc: Northampton Conservation Commission
J. Soper
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COMMONWEALTH OF MASSACHUSr =7 +S , EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Department of Conservation and Recreation
r
Mitt Romney
Stephen R. Pritchard, Secretary
40 Cold Storage Drive, PO Box 4£34
Governor
Exeaitnve Office of Environmental Affairs
Amherst MA 01004
413-545 -5993 413- 545 -5995 Fax
s,
Kerry Healey
Stephen H. Burrington, Commissioner
www.mass,gov /dcr
Lt. Governor
Department of Conservation c� Recreation
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street • $ ie r ' a 'us ttst(110 • ia'1) 784 -1100 • FAX (413) 784 -1149
MITT ROMNEY
Governor
KERRY HEALEY
Lieutenant Governor
f STEPHEN R. PRITCHARD
L AUG 1 0 2006 Secretar
ROBERT W. GOLLEDGE, Jr.
- - - Commissioner
DEP File # 246 -0592
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER DATE: August 9, 2006
Municipality: NORTHAMPTON
(city /town)
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant: HENRY CULVER Owner:
Address: 284 WILLIAMSBURG ROAD Address:
WILLIAMSBURG,MA 01096
PROJECT LOCATION: HAYDENVILLE ROAD
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
(X) This project has been assigned the following file # 246 -0592
Although a file # is being issued, please note the following:
[1] Some of the work may be considered an exempt minor activity since it does take place within either the buffer
zone or riverfront area. Please review 310 CMR 10.02(2)(b)l.f. [2] For that work which is non - exempt, then the
Commission should review the specific language at 310 CMR 10.53(4).
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL,
NOT APPROVAL OF APPLICATION
' CY
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617 -556 -1057. TDD Service - 1- 800 - 298 -2207.
DEP on the World Wide Web: http: / /www.mass.gov /dep
C) Printed on Recycled Paper
Other Regulatory Jurisdiction
O Chapter 91 license may be required. Based upon the information submitted in and wit g h your Notice of Intent,
this project proposes work within a Commonwealth- designated "great pond" or navigable no -
stream, and is therefore subject to the Massachusetts Public Waterfront Act
either a CH91 Waterways License Application or a BRP WW 04 - Request for Deter • non -tidal river or
(to obtain a Determination from the Department that a license is n (MGL Chapter 91). Please file
transmittal for p ms are available on the DEP website ( htt : / /www.sta required). The Application and
te.ma.us /de / Determination of Applicability
0 401 Water Quality Certification p appkits /f��,,,� �;�,ii
ertification (314 CMR 9.00) may be required. See below for further details:
() Based upon the information submitted in and with your Notice of Intent a separate 4
Certification application form is not required. Provided that the project meets the f ollOwin
summarized below from 314 C p Ol Water Quality
Engineers Prog rammati MR 9 .03 and 9.04, and the conditions under the US Army Corps
c General Permit for Massachusetts (PGP), the project qualifies for 401
Certification as certified under the PGP:
a) Activities are conducted in compliance with MGL c. 131, § 40 (the Wetlands Pr
Order of Conditions permitting the activities does not result in the loss of more than 5
cumulatively of bordering and isolated vegetated wetlands and Land Un Protection Act) and the Final
more than 100 cubic yards of Land Under Water; der Water and/or the dr of
b) The Final Order of Conditions requires at least 1:1 replacement of Bordering V
pursuant to 310 CMR 10.55(4)(b); g egetated Wetlands
c) The project is not listed in 314 CMR 9.04(1) through (11) including: discharge of dredged
any Outstanding Resource Waters; any part of a subdivision unless deed restricted, so long s the d
is not to an Outstanding Resource Water see 314 CMR 9 04(3) and; g discharge
or fill material to
d) The project does not include activities exempt from MGL c. 131
improvement of land in agricultural or aquacultural use); discharge of dredged or fill material
vegetated wetland designated as rare and endangered species � § 40 (except for normal maintenance and
to an individual 404 permit. P ies habitat; loss of any salt marsh; a tivities�subjeca
Information and a copy of the PGP can be obtained from the US Army Corps of Engineers at 1-800-3
impacts to resource areas or project size increases beyond that described in the Notice of I
discrepancies therein, you must notify the Department and request a determination that f3 14 CMR
If
9.03 have been met before the activity may begin. at the criteria of 3 ntent or there are
() Before the activity described in the Notice of Intent can commence
Certification from this Regional Office. Please complete a 401 Water Quality Certifi ation Water
form ( http: // Quality
-- _www.state ma us /dep /appkits /forms htm and file it with this Regional Office for review.
application
() Your project involves dredging of greater than 100 cubic yards of Land Under Water.
a 401 Water Quality Certification application form ( htt a: // www.state.ma us /den /appkits /forms htm and gram, One Winter Street,
submit to the Department of Environmental Protection, Waterways Regulation Program, Please complete
-- ____
Boston, MA 02108. Call the Waterways Regulation Program at 61 7- 292 -5695 with an
For more information please contact: Mark Stinson 413 755 22 Y questions.
cc:
57
Conservation Commission: on, CITY HALL ss
NORTHAMPTON Conservation Commission, 210
11 MAIN STREEET RM
Representative: Alec MacLeod, 10 Main St.
/an ret Cutting Plan
Notice of Intent under. M.G.L.
Chapter 132 — The Forest Cutting
Practices Act, 304 CMR 11.00
(Effective Date: 1/1/04)
For DCR Use Only:
File Number
Date Rec'd Nat. Hert .
Case No.
Earliest Start Nat. Hert. Imp.
River Basin Pub. Dr. Wat.
Gen. Obj. ACEC
Location
Town �✓t� R 7 /9 0, - 7y rl/
Road Route- ct H A y D Q11 V I LL C /P .D
Acres 1 0 (0 Proposed Start Date
Vol. MBF 556 Vol. Us. /,/)O Vol. Tons
Plan Preuarer
Name _ �D l'ii1 h C u L,1/ E5��
Address - P.O. 6 o K 77
Town, State, Zip q/ 171 9 6 / 0 3 a
Phone y/3 7Y Y 7
Type of Preparer 7 L O
*Mass. Forester License # aon& - - 3(o 3
*Required for land under Ch61, Ch61 A or Forest Stewardship
Landowner
Name & &0071 11-1A1 CU (OE.e E7t&--
Mailing Address 1 I-L �'i G Rd .
Town, State, Zip / v 14 olO'&
Phone / 3' 0 7 ,055
Ch61 ❑ Ch61A ❑ Stew ❑ *Case #
Est. Stumpage Value /5. 000
Licensed Timber Harvester **
Name 08 /u /9 CVL V F- 2
Address P-01 6 0 X 97
Town, State, Zip 0/03,p_
Phone Y- 1,3- 7
Mass. Lic. Harvester # 0 ? j 96 & ---?& 3
* * This information may be supplied after the plan is approved, but before
work begins.
Strea Crossings
Indicate location on map
SC -1
WC -2
S C -3
SC -4
Type of Crossing
Note
USC-2
Mass. Lic. For.
CU
Existing Structure
N
FR Frozen
LE
Type of Bottom
m
TH
TB
Lic. Tim. Itar
BR
Bank Height (ft)
MU
Mulch
DR Dry
ST
Stabilization
before plan may be approved and cutting may begin.
LO
Timber Buyer
Landowner
FO
W Crossings
Indicate location on map
WC -1
WC -2
WC -3
WC -4
Length of Crossing
Note
LF.
Mass. Lic. For.
CU
Mitigation
`f
Seed
FR Frozen
LE
Stabilization
`+
7 ES
TH
TB
Lic. Tim. Itar
BR
Filter Strips
Indicate location on map FS -I FS -2 FS -3 FS4
Width (50', 100', or VA)
Harvesting in Wetlan
Indicate location on map
HW -1
HW -2
HW -3
HW4
Forest Type (see pg 2)
Note
LF.
Mass. Lic. For.
CU
Acres to be Harvested
`f
Seed
FR Frozen
LE
Resid. Basal Area
>50 %?
`+
7 ES
TH
TB
Lic. Tim. Itar
BR
Service Forester Comments
Tvoe of Preuarer
Type ofCrossine
Stabilization
(`titivation
Type
of Bottom
Note
LF.
Mass. Lic. For.
CU
Culvert
SE
Seed
FR Frozen
LE
Ledge
Applicant must provide DCR with all relevant information
TH
TB
Lic. Tim. Itar
BR
.Bridge
MU
Mulch
DR Dry
ST
Stony
before plan may be approved and cutting may begin.
LO
Timber Buyer
Landowner
FO
Ford
CO
Corduroy
OT Other
MU
Mud
Some forestry activities, such as prescribed burning and
OT
Other
PO
OT
Poled
Other
ST
HB
Stone
Hay Bales
GR
Gravel
pesticide or fertilizer application may require additional permits.
OT
Oth
OT
Other
Consult MA Forestry BMP Manual for further information.
er
If Other (OT) is used in any category an explanation must be given on an attached narrative page vg 3 of 5
Species
Mbf/Cds
ST -1
Mbf/Cds
White Pine
ST -4
Red Maple
Forest Type
Red Pine
0 M
Sugar Maple
Pitch Pine
Ares
Red Oak
�Q
Hemlock
Black Oak
Landowner Objective
Spruce
i-7"
White Oak
50
Other Sftv; d.
Designation of Trees
Other I Idwd.
CT
White Ash
'rutni mbf
c`
Beech
G F_
CurCIi'Ood (Cds)
White Birch
Source of Regeneration
SNN' Pulp (Tons)
B & Y Birch
mOo
IiNV Pulp (Tons)
Black Cluny
/ !48
Ch ;ps (Tons)
Source of Regeneration
by the plan preparer and have not been independently v
by the service forester upon approval. Mbf —thousand
Cutting St andards
V ° l
F
if
F
Land'.: ner Signatu.
The most 's;nportant informarion on a cutting plan is the Landowner's objective, as this will determine which trees will be harvested and
which w il: ,emain; this decision will also determine the future condition of the forest for'deeades to come.. Afterhaving read the
M assachu.;ctLs Forest Cutting :'.::n Information Sheet on page one, indicate your objective by .checking the appropriate box below.
LT — Long -tern, Forest Management ❑ ST - Short -term Harvest
Planrc nianagetnent of ti:e forest to achieve one or more of the Harvest of with the'main intention producing
fol owi::� m
objectives: produce immediate and maximize long -term short- term,income with minimal consideration given to
in Vic, enhance wildlife i:,,citat, improve recreational opportunities, - .:.. improving_the- future. forest..condition, which often results
protect : )il and water quality, or produce forest specialty products. in a forest dominated by poor quality and -low value specit
I (we) 1,:,•, read the Massachusetts Cutting Plan Information Sheet, and am aware of my (our) management options.
I (we) h,: _, y certiiY that I (. 'lave the legal authority to carry out the operation described above.
I (we) cc,,.iy that I (we) have i:otiticd the Conservation Commission in the town in which the operation is to take place and the
..abutter.: ..';ccurd v:ithin two :;u;idred feet of the area to be harvested.
-1(we) u::..:: stand that the vu*.:n:es and values (Chbl only) in this plan have not been independently verified by the forester
. - upon air,..., -'al and %'ill repus t l i:.ai values and volumes to the Director or his/her agent if the final figures differ from.those reported.
Signatur., j. landov. \ ✓/
Deii_�i . cilia. latus
Approved ed Expires
Date
Final Report and Comments
Cutti[," t':. , [ ❑
Signai[..= .. �ervicc rorester,'::.. :or's agent Date
Expires Ser. For. Ints.
Exterai�� :: I❑ ? / /
I hereby certify that the afore described Forest Cutting Plan
and all relevant statues have been substantially complied with.
Signature of Service Forester/Director's Agent Date
Indicate location on map
ST -1
ST -2
ST -3
ST -4
Forest Type
- r
0 M
Lit) b
Ares
b
50
-35
Landowner Objective
P a 5Ug
i-7"
L T
Designation of Trees
QT
CT
I CT
Type of Cut
GG
G F_
5
Source of Regeneration
4Nf;
forest T._
V ° l
F
if
F
Land'.: ner Signatu.
The most 's;nportant informarion on a cutting plan is the Landowner's objective, as this will determine which trees will be harvested and
which w il: ,emain; this decision will also determine the future condition of the forest for'deeades to come.. Afterhaving read the
M assachu.;ctLs Forest Cutting :'.::n Information Sheet on page one, indicate your objective by .checking the appropriate box below.
LT — Long -tern, Forest Management ❑ ST - Short -term Harvest
Planrc nianagetnent of ti:e forest to achieve one or more of the Harvest of with the'main intention producing
fol owi::� m
objectives: produce immediate and maximize long -term short- term,income with minimal consideration given to
in Vic, enhance wildlife i:,,citat, improve recreational opportunities, - .:.. improving_the- future. forest..condition, which often results
protect : )il and water quality, or produce forest specialty products. in a forest dominated by poor quality and -low value specit
I (we) 1,:,•, read the Massachusetts Cutting Plan Information Sheet, and am aware of my (our) management options.
I (we) h,: _, y certiiY that I (. 'lave the legal authority to carry out the operation described above.
I (we) cc,,.iy that I (we) have i:otiticd the Conservation Commission in the town in which the operation is to take place and the
..abutter.: ..';ccurd v:ithin two :;u;idred feet of the area to be harvested.
-1(we) u::..:: stand that the vu*.:n:es and values (Chbl only) in this plan have not been independently verified by the forester
. - upon air,..., -'al and %'ill repus t l i:.ai values and volumes to the Director or his/her agent if the final figures differ from.those reported.
Signatur., j. landov. \ ✓/
Deii_�i . cilia. latus
Approved ed Expires
Date
Final Report and Comments
Cutti[," t':. , [ ❑
Signai[..= .. �ervicc rorester,'::.. :or's agent Date
Expires Ser. For. Ints.
Exterai�� :: I❑ ? / /
I hereby certify that the afore described Forest Cutting Plan
and all relevant statues have been substantially complied with.
Signature of Service Forester/Director's Agent Date
Di:: 1
app 2
Dis 2
-
z
forest T._
De5h JID 011 of T ars
Tyne of Cu[
Source of Regeneration
P ..... .
,:;e 1:K I lernlock
ON
Mixed Oak
CT Cut Tree
SH
Shelterwood
Intermediate Harvests:
AD Advanced
WK %� _
..r 1.. t Ilenih ii,.d
R-M
Red Maple
LT Leave Tree
ST
Seed Tree
CT Commercial Thin
SE Natural Seed
s.
Wit W1 , 4: _...
! ' Bic, C: : t
lsii
Beech
SB Stand Boundary
CC
Clear Cut
NT Non Cam Thin
PL Plant
WO `'Vi"
3 Bce /13 :: .L :;
SP
Spruce/Fir
OT Other
SE
Selection
Non- Standard Systems:*
CO coppice
Oal✓i ! , .,'
SM
Sugar Dtaple
Landowner Obicc
SA
Salvage
HG Highgrade'
DS Direct Seed
SR Re _
cc l is N Rc�:
N'
Pitch Pine
LT Long - tens Mgt.
SN
Saniw:ion
DL Diameter Limit*
OT Other
ST Short- tetmliar.
OT Other'
`If Other (OTl or :, nun-
standard
system
is used an exulanation
must
be Liven on
attached narrative pace
De a of
or est -' Plan
Narrative Pamn- (Effective Date: 1/1/04)
Use this page to provide further explanation or if
Other (OT) was u -sed in any category on pages 3 or 4
Use this Section to : ! ther explanation or if Other (OT) was used in any category in the Best Management Practices Section on Page 3.
k n
Ac C /auGgi#j Celt v�
Landowner
Town f�
File Number
,7 +
vyl k,�,o l C 0, ,) r:J � 0 � �.. - 4- t
/ tN t ),� b `ail l`C Yi7 t
oa
Usc this Scc ;: ibe the types of trees to be harvested and/or retained if Other (071) was used forMesignation of Trees"
in the Stand Treatment Section on page 4.
Stand No.
SPC11' -.4—be Cut
.
a
%BA/Acre Removed
Use t:,
Stand N.,. Suur:
Rccrt
(ex.:�: .
Stand Nu
t?cs
- - -mod C t
v
to describe how Chapter 132 requirements will be met if a non standard system (HG, DL, or O "f)
was used for the "Type of Cut" in the Cutting Standards Section on page 4.
Size of Trees to be Cut Quality of Trees to be Cut
ll'� � Rh7 Id
AS
usq 4 5 le
How will Regeneration be obtained protected?
If using AD - Describe the species present and how the regeneration will be protected
If using SE - Describe the.source of.the seed and the number ofseed trees/acre
Desired Future Condition
_.,e stand is expected to look like five years from the harvest including the condition of t he overstory & understory
111WIll - A arc
.
a
F - -
Desired Future Condition
_.,e stand is expected to look like five years from the harvest including the condition of t he overstory & understory
np.SnfS
el
.
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COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
PITTSFIELD 37 MI 6468 1 NW
42'30" - 'Il k. WILLIAMSBURG 1 9 Mj. 690 fWILLIAMS"U'R13 R91 40'
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Commonwealth of Massachusetts
Division of
Fisheries & Wildlife
Mass Wi /d /ire
Wayne F. MacCallum, Director
Carmine L. Angeloni
Department of Environmental Management
Division of Forests & Parks, Region 4
P.O. Box 484
Amherst, MA 01004
Dear Carmine,
Cutting Plan No. 214- 2534 -6
NHESP Tracking No. 06 -20763
Town Northampton
Road Route 9 Haydenville Rd
Date November 14 2006
The Natural Heritage & Endangered Species Program ( NHESP) has reviewed your request for a
determination of the potential adverse effects of the proposed forest harvesting activity on the Priority and
Estimated habitats of state - protected plant and wildlife species.
Based on a review of the information that was provided and the information that is currently in our
database, the NHESP has determined that this property occurs within actual habitat for the Wood Turtle
(Glyptemys insculpta). The Wood Turtle is state - listed as "Special Concern" pursuant to the
Massachusetts Endangered Species Act (MGL c.13 IA) and its implementing regulations (321 CMR
10.00).
In order to avoid adverse impacts to the rare wildlife and their habitats on this site, the NHESP
recommends that motorized vehicle use and timber harvesting shall not be done during the active season
for this species. Please avoid any logging or heavy equipment working on this site between April 1 and
October 31' of any given year.
The Wood Turtle is one of the species that we have recently drafted a forestry conservation management
practices document for. This document can be found on our website at
http://www.mass.gov/dfweIe/dfw/nhesp/cmpdraft. . If you are interested in pursuing this option please
consult the document and contact NHESP with regards to this option. An abbreviated version of the
conservation practices has been included with this letter.
Please copy us on any amendments to this plan and the approved plan for this site. If you have any
questions about this letter please contact Amanda Veinotte at ext 154.
Sincgrely,
Thomas W. French, Ph.D.
Assistant Director
cc: Northampton Conservation Commission
+, I i
hOfffll ejbi � V , pRA i7lpfin
n n �
� sv
Q-
Division of Fisheries and Wildlife
Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792 -7270 Fax (508) 792 -7275
An AQencv of the Department of Fisheries. Wildlife & Environmental Law Enforcement
CONDENSED VERSION OF THE
FORESTRY CONSERVATION MANAGEMENT PRACTICES
FOR WOOD TURTLES
For the full version of the forestry conservation management practices including the management objectives and
the rationale supporting them, see page 16.
Species Identification and Biology - The Wood Turtle a medium -sized turtle that can be recognized by
its sculpted shell and orange coloration on the neck and front legs. It spends the winter in perennial streams and
rivers. During the active season from March until November, it uses terrestrial habitats bordering streams.
Females are more terrestrial than males and move farther away from streams. Wood Turtles do not reproduce
until they are older than a decade and adults can live at least 50 years.
Forestry Practices - These management practices are based on the recognition that turtle conservation in
general requires minimizing all sources of adult mortality. Wood Turtles specifically require maintenance of
river or stream habitat in association with forested areas.
R — required management practice G— guideline or recommended management practice
R Motorized vehicle use, consistent with the Massachusetts Forestry Best Management Practices,
within the 600 -foot forested corridor on either side of perennial streams, brooks or rivers
identified as Priority Habitat for Wood Turtles may proceed according to the following time and
distance requirements:
* Y y 000 feet for habitat
features such as wetlands and nesting and early - successional habitat.
R The boundary of the 50, 300, and 600 -foot management areas from the perennial stream shall be
clearly identified by flagging or marking prior to cutting plan approval and harvesting if
harvesting occurs between April I and October 31.
R All perennial stream crossings shall be temporarily bridged. Bridges shall be laid down across
streams prior to any motorized equipment crossing it.
R If the harvesting area must be accessed by motorized vehicles for activities, such as preparation
of the site, stream bank stabilization or clean -up work, outside of the allowable time periods,
then a service forester and the NHESP must be contacted. Before the site is accessed, a
response from the NHESP shall be obtained in order to determine that no adverse effects to
Wood Turtles will occur. If NHESP does not respond within 10 business days, then the service
forester shall presume that no special action is required.
Distance from stream edge (feet)
Time periods when access with
motorized vehicles can occur
0-50
Nov. 15 — February 28
50-300
Nov. 1 — March 31
300-600
Oct. 15 — May 15
600+
No restriction unless specified
conditions exist*
Distance restrictions ma be extended be and 600 feet to a maximum of 1
4
R If trees will be harvested in vernal pool and stream filter strips then the boundary of filter strips
along streams and surrounding vernal pools and other water bodies shall be clearly identified by
flagging or marking prior to cutting plan approval. The trees that will be harvested within these
filter strips shall also be marked prior to cutting plan approval.
Gr A 25 -foot no -cut area within the filter strips along perennial streams and rivers is recommended
in order to minimize streambed disturbance and erosion, maintain microclimate conditions of
the stream, and to provide a source of future large woody debris.
Cr Increasing the width of filter strips in Wood Turtle Priority Habitat is beneficial, as this will
increase the area where disturbance to the forest floor and to the coarse woody debris is
minimized. Increased filter -strip width is particularly desirable near stream crossings and in
high - gradient streams, where water may run off wood and skid roads.
Cr Identify and mark all stream crossings prior to snowfall. Avoid crossing stream channels in
areas that have a sandy or gravelly substrate, less than 20% vegetation, exposure to sunlight,
and are elevated at least 3 feet above the water level.
G Locate new landings at least 50 feet away and as far away as possible from roads, when the
landing is located between a perennial stream and a road (Figure 1). This may help reduce
attracting nesting females to the area immediately next to the road where the chance of road kill
is higher.
Gr Leave limbs and tops in the forest, consistent with other laws, regulations, and forestry best
management practices, in order to provide cover areas with cooler microclimates.
Gr Avoid leaving brush piles in open areas close to the stream. These open areas might be used for
nesting; thus they need to remain exposed to sunlight.
Cr Any seed used to stabilize stream banks at crossings should be a mix of species native to
Massachusetts when used within 200 feet of rivers, streams, and brooks.
Stream Road
50+ feet
n
u
i
T
-t-
- {-
_ Finer strip
Landing QL
Figure 1. Recommended landing location to reduce attracting
nesting female Wood Turtles close to roads.