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Mill River Retaining Wall Order of Conditions October 2000^4 it Massachusetts Department of Environmental Protection .� p Bureau of Resource Protection - Wetlands a WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 of 4 P 000 DEP File umber: 005 1 0 46 - 474 Provided by DEP Property Owner (if different from applicant): City of Northampton, c/o Dept. of Public Works Name 125 Locust Street Mailing Address Mailing Address Northampton . MA 01060 Northampton MA 01060 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Federal Street (Site 1) and River Road (Site 2) Northampton Street Address. City/Town Site 1 - Map 31 A, Site 2 - Right of Way Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire County Book Page Certificate (if registered land) 3. Dates: August 4, 2000 September 11, 2000 October 10, 2000 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): "Plans for Construction of Mill River Retaining Walls, Northampton, Massachusetts, Sheets C1 — C5," Prepared by Dufresne - Henry. July, 2000 Title Date 5. Final Plans and Documents Signed and Stamped by: Name 6. Total Fee: (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Pagel of 7 Rev. 02/00 A. General Information Important: From: When filling out forms on Northampton Conservation Commission the computer, Conservation Commission use only the tab key to This issuance if for (check one): move your cursor - do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions rQ To: Applicant: 4A V Northampton Department of Public Works Name nmm 125 Locust Street of 4 P 000 DEP File umber: 005 1 0 46 - 474 Provided by DEP Property Owner (if different from applicant): City of Northampton, c/o Dept. of Public Works Name 125 Locust Street Mailing Address Mailing Address Northampton . MA 01060 Northampton MA 01060 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Federal Street (Site 1) and River Road (Site 2) Northampton Street Address. City/Town Site 1 - Map 31 A, Site 2 - Right of Way Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire County Book Page Certificate (if registered land) 3. Dates: August 4, 2000 September 11, 2000 October 10, 2000 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): "Plans for Construction of Mill River Retaining Walls, Northampton, Massachusetts, Sheets C1 — C5," Prepared by Dufresne - Henry. July, 2000 Title Date 5. Final Plans and Documents Signed and Stamped by: Name 6. Total Fee: (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Pagel of 7 Rev. 02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 246 -474 Provided by DEP Following the review of the above - referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Private Water Supply ❑ Groundwater Supply ® Land Containing Shellfish ❑ Fisheries ® Storm Damage Prevention ® Prevention of Pollution ® Protection of Wildlife Habitat ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 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, bylaws, or regulations. WPA Form 5 Page 2 of 7 - - -- -Rev: 02/00- - - - - - _ _ ._. - — -- -- - -- - - --°- -- - - - - - -- - - -- - -. -- - - - - __ __ -- �1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -474 Provided by DEP B. Findings (cont.) 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. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. Any fill shall contain 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 any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of 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. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP "] "File Number 246 - 474" 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Form 5 Page 3 of 7 Rev. 02/00 _ . ._, Massachusetts Department of Environmental Protection � Bureau of Resource Protection - Wetlands R is a WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �.z DEP File Number: 246 -474 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his /her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and /or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Additional Conditions (Attachment A) Findings as to municipal bylaw or ordinance Furthermore, the Northampton hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modifv or differ from the plans. specifications. or other Dr000sals submitted with the Notice of Intent. WPA Form 5 Page 4 of 7 Rev. 02/00 DEP Massachusetts Depar+ment of Environmental -Protection — -- - Bureau of Resource ection - Wetlands WPA Form 5 - order of Conditions Massachusetts Wetlands Protection Act M. G. L. c. 131, §40 0 Findings (cont.) This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Date This Order must be signed by a majority of the conservation commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate regional office of the Department of Environmental Protection. Signatures: On this 25th: day of September Month 2000 Year before me personally appeared Michael Reed to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. C> V l i gLI -L 6 Notary Public May 31, 2007 My commission expires This Order is issued to the applicant as follows: d delivery on October 10,.2000 Date - by certified mail, return receipt requested, on Date Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, 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 to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission. and. to the applicant, if he /she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, §40 and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Rev. 10/98 Page �i r- - - I- *- 1i- - FOWL- 18. 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. 19. 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; 20. 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 CUR 10.00, and City of Northampton Ordinances - Chapter 24; 21. 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. 22. Prior to the start of any site work, excavation or construction, a preconstruction 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. Vehicle Access /Storage: 23. All equipment shall be stored outside of the 100 -foot buffer zone at the close of each work day, in an area which shall be clearly identified on the plans, and physically located in the field through use of flagging and/or a construction barrier. 24. At the Federal Street site, access to the gravel path adjacent to the work area shall be restricted during active work. - Northampton Wetlands Protection Ordinance Massachuset{ ) epartment of Environmental Pro�„ction i` Bureau of Resource Protection - Wetlands s WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information DEP File Number: Provided by DEP Town Important: 1. Applicant: pp When filling out forms on the Northampton Department of Public Works computer, use Name E -Mail Address (if applicable) only the tab key to move 210 Main Street your cursor - Mailing Address do not use the Northampton MA 01060 return key. City/Town State Zip Code. 413 - 586 -6950 413 - 586 -3726 Phone Number Fax Number (if applicable) 2. Representative (if any): Dufresne -Henry, Inc. Firm Randall Christensen Note: Contact Name E -Mail Address (if applicable) Before 278 Main Street, Suite 205 completing this Mailing Address form consult Greenfield MA 01 your local Conservation CitylTown ,State Zip Code Commission 413 - 773 -3642 413 - 774 -5820 regarding any Phone Number Fax Number (if applicable) municipal bylaw or ordinance. 3. Property Owner (if different from applicant): City of Northampton Name 210 Main Street Mailing Address Northampton MA 01060 City/Town State Zip Code 4. Total Fee: Fee Exempt: Municipal Project, (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: Federal Street and River Road Northampton Street Address City/Town Federal St. Site: Map 31 A; River Rd. Site: Right of Federal St. Site: 330 Way Parcel /Lot Number 6. Registry of Deeds: Hampshire County Book Page Certificate (if Registered Land) WPA Form 3 Page 1 of 8 Rev. 02100 I orthampton Wetland , rotection Ordinance H . Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands P WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General. Information (cont.) 7. Summary of Project Impacts: J J a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? > 1,500 SF FE71E. DEP File Number: Provided by. DEP Town b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Riverfront Area (Federal Street) Riverfront Area (River Road) Size of Impact (e.g., sq. ft.) 3,060 SF 3,880 SF B. Project Description 1. General Project Description: This project involves the maintenance and repair of two sections of armored bank along the Mill River. The subject sections of bank which are to be repaired presently consist of rip -rap and /or retaining wall. The Federal Street section protects a major sewer interceptor main and school jogging path, while the River Road section protects the roadway and an arterial sewer main. L _I 2. Plan and /or Map References: See attached list. Title l Date WPA Forth 3 Rev. 02/00 Page 2 of 8 0 �II LJ r Li i_. n l� PLAN LIST FOR MILL RIVER BANK STABILIZATION PROJECTS -' Sheet No. Title Prepared By Date Cl Site # lExisting conditions and description Dufresne -Henry July 12, 2000 of work - C2 Site # 1 Existing conditions and description Dufresne -Henry July 12, 2000 of work C3 Site # 2 Existing conditions Dufresne -Henry July 12, 2000 C4 Site # 2 Description of new work Dufresne -Henry July 12, 2000 -� C5 4 -1 Site # 2 Sections and details Dufresne -Henry July 12, 2000 i I i �II LJ r Li i_. n l� orthampton Wetlanc protection Ordinance Massachusetts Department of Environmental Protection m kr , Bureau of Resource Protection - Wetlands %� 4H. . y r WPA Form 3 — Notice of Intent n Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ate o J J J J f J n <J rl J I DEP File Number: Provided by DEP Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ® Inland Bank ❑ Coastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to. Flooding: 0 0 Square Feet altered Volume of Flood Storage Lost (cubic feet) 0 0 Square Feet replaced Volume of Flood Storage Compensation (cubic feet) Land Under Water Bodies: Isolated Land Subject. to Flooding: 0 0 Square Feet altered Volume of Flood Storage Lost (cubic feet) 0 0 Cubic Yards dredged Volume of Flood Storage Compensation (cubic feet) Bank: 315 ft total for both Federal St. and River Rd. sites Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: Linear Feet altered Square Feet altered WPA Form 3 Page 3 of 8 Rev. 02100 Northampton Wetland; \ '_�otection Ordinance . Massachusetts. Department of Environmental Protection DEP File Number: Bureau of Resource Protection Wetlands WPA Form 3 — Notice of Intent Provided by DEP ::uLLw Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town i C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: Square Feet altered Land Under Ocean: i J Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): Mill Riv Square Feet altered b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ® 200 ft. - All other projects c. Describe how the Mean Annual High -Water Line was determined: Top of bank was used to determine the extent of the riverfront area. I d. Distance of proposed activity closest to the Mean Annual High -Water line: The proposed activity will take place within the banks /walls of the Mill River which need repair - see Feet e. Total area of Riverfront Area on the site of the proposed project: i Federal Street Site: 23,000 SF; River Road Site: 40,000 SF Square Feet f. Proposed alteration of the Riverfront Area: 3,060 SF (Federal Street) 3,060 SF (Federal Street) 0 3,880 SF(Rlver Road) 3,880 SF (River Road) Square Feet between 100 ft. and 200 ft. WPA Form 3 Rev. 02/00 Page 4 of 8 l Northampton Wetland Ordinance Massachusetts Department of Environmental Protection . N1 r Bureau of Resource Protection - Wetlands 'W WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP w Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ® DEP BVW Field Data Form (attached) Completed at Federal Street Site ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more wetland indicator plants ❑ Saturated /inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State - Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? i� Yes If yes, include proof of mailing or hand delivery of NOI to (� Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive r� Westborough, MA 01581 ' ❑ No U 2000 - 2001 Edition Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? - ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): i ►ZI • c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes raw WPA Form 3 I Rev. 02/00 Page 5 of 8 Northampton Wetlan "` Ordinance Massachusetts. Department of Environmental Protection a Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 y4 DEP File Number: Provided by DEP Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ® Yes If yes, describe which limited project applies to this project: Federal Street site: 10.53 3 (d) the operation and maintenance of underground public utilities. River Road site: 10.53 3 (f) the maintenace of existing public roadways. ❑ No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: row 3 a. Is the project located in the Riverfront Area? ® Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ® Yes ❑ No ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ® Other (describe) Bank stabilization in order to protect public utilities. b. Was the lot where the activity is proposed created prior to August 1, 1996? 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ® Yes If yes, explain why the project is exempt: No. addition of impervious surfaces or change in cover types. ' L--j ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. i WPA Form 3 Page 6 of 8 1 Rev. 02100 Northampton Wetlan( Protection Ordinance Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent x Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP Town E. Additional information Applicants must include the following with this Notice of Intent (NOI): • USGS or other map of the area (along with a narrative description, if necessary), containing sufficient information for the Conservation Commission and the Department to locate the site. • Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NO[. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and Appendix B. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm fee payment: N /A: Fee Exempt Check Number Payor name on check Check date Applicant name (if different from payor) G. Signatures and Submittal Requirements I hereby certify under the 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. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested)t all abutters within 100 feet of the property line of the project location. Signature of Applicant Signature (if diffe Date Date W3100 Sig of Representative (if any) WPA Form 3 Rev. 02/00 Page 7 or 8 SECTION 2: ADDENDUM TO NOTICE OF INTENT INTRODUCTION This Notice of Intent is submitted to the City of Northampton Conservation Commission and the Massachusetts Department of Environmental Protection pursuant to the Massachusetts Wetlands Protection Act and the City of Northampton Wetlands Protection Ordinance. The applicant requests an Order of Conditions allowing for the completion of two important public benefit projects. These include the maintenance and repair of two existing sections of bank along the Mill River which have been impacted by scour and erosion. The subject sections of bank protect sewer mains which service Northampton and Williamsburg. PROJECT DESCRIPTION The project involves the maintenance and repair of two sections of armored bank along the Mill River. The projects are referred to as the Federal Street section (Site #1), and the River Road section (Site #2), both of which are located in the City of Northampton. Federal Street Section (Site #1) The Federal Street section includes a sharp 90- degree bend in the river resulting in high flow velocities along the outside section of the bank, creating a substrate at the wall composed entirely of large cobbles and boulders. This bank section was stabilized with a 4 foot to 8 foot tall stone retaining wall along the entire bend. The wall protects a major interceptor sewer main (30 -inch) which carries flows from the northwestern section of Northampton and the Town of Williamsburg to the Northampton Sewage Treatment Plant off of Route 5 in south Northampton. The sewer main is located within 20 feet of the retaining wall along its entire length. Loss of a portion of the retaining wall could result in the exposure of the main and possible damage. The high flows encountered by the wall at the sharp river bend have resulted in the undermining of the wall in several locations, and some of the large stones composing the face of the wall have shifted. Additionally, large trees have been allowed to grow at the top of the wall, and root damage to the top stones is evident. The combination of the undermining and stone shifts have resulted in the formation of sinkholes along the footpath over the past two years. These holes have been filled to prevent injuries, and to maintain the pressure against the wall. The combination of the obvious undermining and the presence of the sinkholes indicate that repairs and overall maintenance of the structure is required. The tasks proposed for the Federal Street section to address the existing deficiencies and to improve the overall condition of the retaining wall include the following: Mill River Bank Stabilization Projects Notice of Intent Northampton, MA' DUFRESNE- HENRY, INC. ❑ Re -build approximately 115 linear feet of the wall along five distinct sections where stone shifting has resulted in gaps between the stones, allowing fill to seep through and causing a general decrease in wall stability. Undermining of the base stones is present along most of these areas, but is most severe right at the bend. The repairs of these sections will vary from a simple re- pointing of the existing stones, to the removal of the wall down to the base stones, re- setting of the base stones, and re- building of the wall. This task must be completed during low flow conditions where the river elevation is lower than elevation of the base stones as shown in section 1 /Cl on plan sheet Cl. ❑ Install large rip -rap along 75 feet of the wall to protect from future undermining and scour impacts. The substrate along this section presently consists of large cobbles and boulders due to the flow velocities encountered there, so the placement of the rip -rap will add to the existing substrate composition. Vegetation is absent from this area due to the high water velocities encountered which will not allow for the existence of fine grained material for plant roots. ❑ Move three large boulders which are presently located away from the wall base either against the wall base, or remove from the area. The presence of these boulders form small eddies which add to the scour and undermining of the wall. Moving them will remove these eddies and reduce the forces against the structure. ❑ Remove 10 trees which range in size from 5 -48 inches in diameter from the top of the wall. The removal is limited to the initial four feet of soil behind the wall, to prevent the root damage during tree growth, or catastrophic wall damage when large trees fall, dislodging the stones in the process. The actual trees to be removed were surveyed and placed on the plan sheets. ❑ Install four wall weep pipe systems to remove groundwater pressures from the wall and to �1. prevent frost heave impacts. The installation involves the excavation of a pit from behind the wall, and backfill with coarse, well draining material. A 4 -inch pipe is inserted r 1 through the wall near the base to drain infiltrated water. 2. River Road Section (Site #2) The second project is also located at a sharp bend in the river, upstream of the Federal Street section. This bank has collapsed in the recent past, and is presently covered with large boulders. The most recent area of collapse was rip- rapped as shown on plan sheet C -4. Loss of soils through the boulders has led to the subsidence of the road surface, requiring new base material and paving within the past two years. The road catch basin was also impacted by the subsidence, (1 U I Mill River Bank Stabilization Projects Notice of Intent Northa`npton, MA D UFRESNE-HENR Y, INC. lJ i a � Eau unt Clu_y� Sch \MEMORIAL •' PARK ' 0 Da ]es eR •'• %{ I'. o r a Tel 1 YS � �•' • 1 p i o0 ',, 11 . I l \�`, .. �• c .--_� .• � Li 1 O C _ '■ °, '� �: .taekwr ° —Qe f Fira Sta c ' • ©. i• •- -�� em 78 t .• v 1 , J �� / J �l' •r�,�i�! I' If ' � •�!^'��•�: 1 • : .i: � M F eld '. ��� .7�/' • � " l`Q � f I 'll � ^ -:. /.! =i:r �. � V '' � � ", -- . 1 � PROJECT r • •.; I ° °/•. • Q •i a� _�:, . LOCATION .. f 1 ..�. �' �. . • • � ° � _-� �G \j \j c�x a Ll :yt�� +�o ,1L1. 7 .' 7 / rave � �.• • �;•�,.S9i: Sin .° • � FIGURE 1a U.S.G.S. TOPOGRAPHIC MAP... - �, �� • o� Il EASTHAMPTON, MASS. ; T L_� /// %mil // / \ J /�1 It \ . ` Pi ve I �n11' iIl'Mm � � NORTHAMPTON DPW Project No. 9290029 E"pm MILL RIVER BANK STABILIZATION PROJECT SITE LOCUS Proj. Mgr. REM FIGURE 1a scale 1:25,000 Dufresne -Henry Date 07100 Consulting Engineers ; ' c- S '., NORTHAMPTON MASSACHUSE7TS A - - -- - m - r% 'CfVb 'C rA RAN"". J � /� �' �''l, `M= I(�� 1 ''�i '1:`� ��( •j: ,I . •PROJECT t�n t m Li LOCATION Cem W! 00 14 of J C r V. ft. q1b -'� �111I'%1�1 %Zc ' ;� 1 ., �.• � �. I• �_. /% �, ice;• � .�. <'��� // • � '�I � ` ll ,1 ;C. �� �'� , ill /� �� / /'�. J / l�U `'�+ It� �s•: �� � a � •� , \ 1 � +� � t•'I �I � Cei : �:./ i �i �i 11 �•'� r 1 . •.\ \ • \. \�. ; , ��1 ^ 1, .' 1 " 1� °Nnr3ba N% n . � ' . '��/ /�-,�.I � �5� /�' /���, '�� ` � I � I � MEMORIAL��' �:�'�� u n try C16 V 6 0 ��j jai! �:' _ Mead ES��. ( l � � _ - �i o �� li a -(/ , , y G u L,0 /`. 1 ' \ \; �'� --'`�i \���', ,C i' I i n \\ � � T °�\ ° e / N E / l� ® r , 'xt 4 ) . il MAIM FIGURE lb U.S.G.S. TOPOGRAPHIC MA EASTHAMPTON, MASS. NORTHAMPTON DPW Project No. 9290029 MILL RIVER BANK STABILIZATION PROJECT Proj. Mgr. REM SITE LOCUS FIGURE lb Scale 1:25,000 Dufresne -Henry FIGURE 07/00 Consufting Mrigineors .3reenfield. McssGchusetts NORTHAMPTON MASSACHUSETTS FA J i - � and is in need of repair. An 8 -inch sewer line exists in the road approximately 12 feet from the top of the existing stone wall. The section of the bend which receives the high velocity flows will be reconstructed except for the new section of bank which was covered with rip -rap in the recent past. The work includes the following: ❑ Excavate approximately 200 feet along River Road and install a concrete block wall at the top of the steep bank to protect the road and sewer (see detail on plan sheet 5). This wall is to be located at the very top of the bank well above the water elevation. The excavation involves the removal of fill from the road -side of the wall to install the wall base and concrete blocks. This can be completed irrespective of the water elevation, however it would be best under low flow conditions to reduce the amount of water accumulation within the trench. ❑ Install large rip -rap (up to the size already existing on the bank) from the base of the new wall to the edge of average high water as surveyed in June, 1999. The reconfiguration of the stones on the slope will maintain existing contours as shown on plan sheet C4, thus loss of flood storage volume is avoided. ❑ Install granite curbing to remove runoff from the concrete wall. ❑ Re -build existing catch basin. ❑ Install new guard rail. ❑ Install new road base material and re -pave the road surface upon completion. This maintenance and repair of the existing armored retaining wall will protect the road and sewer from the high velocities of the flow at the river bend. The loss of sediment and road base through the wall will be stopped, and the rip -rap will prevent undermining of the new wall. RESOURCE AREA DESCRIPTION A survey of state and federal wetland boundaries was completed by a professional wetland scientist from Dufresne -Henry, Inc. in March of 2000, in accordance with the Massachusetts Wetlands Protection Act Regulations (3 10 CMR 10.00; as revised, June, 1995) and the manual Delineating Bordering Vegetated Wetlands under the Massachusetts Wetlands Protection Act (1995). A small area of bordering vegetated wetland was identified at the Federal Street section, and three wetland flags were placed where the wetland came close to the construction area (flags W -1 to W -3). One data transect was completed in support of the boundary location The data Mill River Bank Stabilization Projects 1 Northampton, MA Notice of Intent DUFRESNE- HENRY, INC. 1 i collected represents both upland and wetland vegetation and soils. Data was reported on the Massachusetts Department of Environmental Protection Field Data Forms, which are located in Section 3 of this Notice of Intent. The remaining sections of the work area include bank, land under water, 100 -year floodplain, and inner riparian zone. All work is within the inner riparian zone, thus this boundary is not shown on the plan set. Similarly, both work areas are entirely within the limits of the 100 -year floodplain. The limits of bank are indicated by the water elevations surveyed in June, 1999. No wetland flags were placed along the bank limits, as the vertical nature of the man-made bank allows for easy identification on the plan set. RIVERFRONT AREA This work consists of the maintenance and repair of a water - dependent use which existed prior to the implementation of the riverfront area performance standards. Care has been taken to limit the work to the existing man-made bank sections, and to avoid vegetation within the riparian zone. On the Federal Street section, the removal of trees from the top of the wall will not adversely impact the shading of the water, as there are steep slopes with dense large trees along this entire river segment. Alternatives to the project include the do- nothing approach which could result in the failure of both bank sections and subsequent damage to public utilities and a roadway. Furthermore, the do- nothing alternative poses a threat to the waterway in the form of pollution impacts. Protection of the sewer lines, especially the 30 -inch interceptor, should be a priority for the applicant and resource agencies alike. So- called "soft" solutions were investigated but were dismissed by the design engineers due to the severity of the flows at the river bends. The Mill River drains extensive areas of pavement, and is at a relatively steep grade for its size. This combination results in flashy flows and rapid flow rates. Along straight sections or the inside of the bends, such solutions may be possible. However, given that the flows are able to move stones weighing in excess of 200 pounds, vegetative solutions are not viewed as feasible. Supporting this contention is the lack of any significant vegetation at the base of either wall. The selected alternatives attempt to complete in -kind repairs without loss of vegetation, or flood storage volume. The work has been designed so that the major excavation can be completed from the upland sides of the retaining walls thus maintaining a barrier between all disturbed soils and the waterbody. Additionally,'the location and wall elevations have not been changed. Where sections of wall appeared to be in good condition, they were identified to be left intact; both the Federal Street and River Road sections have such portions where no work is proposed, even though an alternative would be the complete reconstruction of both areas. I� L_J Mill River Bank Stabilization Projects Notice of Intent Northampton, MA D UFRESNE-HENR Y, INC. I l RARE SPECIES According to the 2000 -2001 edition of the Massachusetts Natural Heritage Atlas, the subject resource areas do include estimated habitat of rare wildlife or certified vernal pools (Figure 3). Additionally, the area is listed as a priority site pursuant to the Massachusetts Endangered Species Act. A copy of this Notice of Intent was sent to the Natural Heritage and Endangered Species Program for evaluation. WATER QUALITY The two project sites are all located within the Connecticut River Basin, and initially drain to the Connecticut River via the Mill River. The subject wetland is a Class B waterway, according to the Massachusetts Surface Water Quality Standards (1995) and thus is not considered to be an Outstanding Resource Water. MITIGATION MEASURES Mitigation of potential impacts are primarily included in the project design. These include: ❑ Avoidance of vegetation removal except where large trees threaten the wall integrity. ❑ Avoidance of changes in contours along both sections so that no loss of flood storage will occur due to the work ❑ Allowing sections of the walls in good condition to remain in place thus minimizing the extent of the work at both locations ❑ Designing repairs which can be completed mainly from the upland side of the wall. Some structures, such as some footing walls, require a large excavation to install the base which would have resulted in more impacts. Other measures included with this project to reduce potential impacts to all of the various wetland resource areas and rare species habitat include the following: ❑ Any and all trench dewatering shall include the filtering and energy dissipation of all pump discharges. This shall be completed by setting a ring of haybales around a piece of plywood or plastic tarp. No direct discharge of trench water to the river shall occur. ❑ Coarse material backfill behind the wall along the Federal Street section to reduce any loss of soil to the river. This area is used as a walking /riding trail, and grass would not be Mill River Bank Stabilization Projects Notice of Intent J Northampton, MA D UFRESNE-HENR Y, INC. 1 UF Li easily established there. Thus, coarse fill will be used to eliminate the washing of fine grained material into the river. ❑ Work at the base of the walls will be completed during low flow periods only. s Mill River Bank Stabilization Projects Northampton, MA Notice of Intent DUFRESNE- HENRY, INC. TRANSECT LOCATIONS One wetland data transect was completed along the state wetland boundary delineated for the proposed bank improvements in Northampton, Massachusetts in support of the State and Federal wetland boundary. Along the transect, upland vegetation and soil data plots were completed (P -A) and wetland vegetation and soil data plots were completed (P -B). The following information, in combination with the site plan, allows for the location of the transect and the data plots relative to the wetland flag locations. Transect T -1: Located at wetland flag #2, perpendicular to the wetland boundary. 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