PermitListNorthamptonRevRIMMER ENVIRONMENTAL CONSULTING
Environmental Permitting Requirements
Northampton Lumber Yard Drain Relocation
256 Pleasant Street
Northampton, MA
December 13, 2016
Introduction
In summary, the proposed project consists of the abandonment and relocation of approximately 300
linear feet of an existing 5,240 linear foot culvert which contains the Market Street Brook where it
passes under the former Northampton Lumber Yard. The existing culvert at this location consists of a
60” x 68” brick arch culvert containing a wooden plank base. The relocated culvert is estimated to be
305 feet in length and would extend along the eastern portion of the property. The new culvert will
maintain the same hydraulic carrying capacity as the existing channel so that there will be no change in
upstream or downstream discharge. The existing culvert will be abandoned and filled. No new outfalls
will be created. It is understood that the brook has been contained within a culvert through the site
since the mid 1800’s, predating most environmental laws.
Based upon this project description, the following pre-construction authorizations, permits or approvals
are expected to be required:
Local Authorizations:
Chapter 337 City of Northampton Wetlands Ordinance: A negative Determination of Applicability was
issued by the Northampton Conservation Commission under the local Wetlands Ordinance. No further
action under the Bylaw is required.
State Authorizations:
Mass. Wetlands Protection Act (MGL Ch. 131 S. 40): A negative Determination of Applicability has been
issued by the City of Northampton Conservation Commission for this project. It was determined that the
project is within an area subject to protection under the Act, but will not remove, fill, dredge or alter
that area and therefore the work does not require the filing of a Notice of Intent. No further action
under the Mass. Wetlands Protection Act is required.
Mass. Water Quality Certificate – The Mass. Water Quality Standards (314 CMR 9.00):
If the project meets the requirements for a General Permit under the Army Corps review as described
below, no Water Quality Certificate is required, provided that:
• There is a final Order of Conditions issued for the project;
• The project results in less than 5,000 square feet of impact to vegetated wetlands or
Land Under a Waterbody resource;
RIMMER ENVIRONMENTAL CONSULTING
• There is no discharge to an Outstanding Resource Water (ORW)
• The project meets the state Stream Crossing Standards (see attached), and;
• No Individual Permit is required by the Army Corps of Engineers following review of the
PCN.
The project received a Determination of Applicability and not an Order of Conditions. Initial
consultation with DEP suggests that no further review under the 401 program will be required. The
project is expected to require less than 5,000 square feet of Land Under Water impacts (300 linear feet x
5 foot wide culvert). It is not located within nor does it discharge to an ORW. The Stream Crossing
Standards for replacement of culverts leaves some discretion in determining the most appropriate
feasible design. These measures are largely intended to protect wildlife habitat and migration corridors.
The total culverted length of the Market Street Brook is 5,240 linear feet with the relocated section
4,100-4,400 feet down stream it likely provides minimal wildlife habitat so provided that hydrologic
conditions remain unchanged it is not expected the project will have difficulty meeting the standards.
Federal Authorizations:
US Army Corps of Engineers Pre-Construction Notification (PCN):
The Market Street Brook is tributary to the Mill River which in turn is tributary to the Connecticut River,
regulated by the Federal Clean Water Act as a navigable waterway. The brook is therefore considered a
Water of the US and is therefore regulated by the Corps, regardless of the fact that it is culverted for
most of its length (the uppermost portions of the watershed appear to be a natural stream channel).
Work incidental to the abandonment of the existing culvert, including coffer dams or diversion measures
required to redirect flow that would result in fill within the channel are regulated, as is construction of
the new culvert. The proposed would be regulated under General Permit 10 which covers Stream
Crossings. The criteria for this GP as well as the referenced state Stream Crossing Standards are
attached.
PCN review timetable is estimated to be 60 days assuming a complete application. Interagency review
of the PCN will be required by the EPA and notification is also required to the State Historic Preservation
Office, relevant Tribal Preservation Offices (Wampanoag Tribe of Gay Head, Mashpee Wampanoag
Tribe, Stockbridge-Munsee Community and Narragansett Indian Longhouse) and the Mass. Board of
Underwater Archaeological Resources (MBUAR).
Contractor Required Authorizations:
EPA Notice of Intent – Construction General Permit: Under the National Pollutant Discharge Elimination
System (NPDES) provisions of the 1972 Clean Water Act, the EPA regulates stormwater discharge from
construction sites greater than 1 acre in size require the filing of a Notice of Intent to EPA and the
preparation of a Stormwater Pollution Prevention Plan (SWPPP) prior to the commencement of work.
Provided the construction area remains under 1 acre, this permit is not required. Discharge of
dewatering to a Water of the US or an EPA regulated municipal stormwater system may also trigger a
Dewatering General Permit unless covered by Northampton’s existing MS4 permit.
RIMMER ENVIRONMENTAL CONSULTING
Authorization Agency Responsible for Application
Water Quality Certificate MassDEP Town if required
Pre-Construction Notification Army Corps of Engineers Town
Notification Mass. Historical Commission Town
Notification Mass. BUAR Town
Notification Tribal Offices (4) Town
Notice of Intent – Construction
GP and/or Dewatering GP
EPA Contractor