Response to 246-0754 DEP Comments 20210908 (1).pdf
An Equal Opportunity Employer M/F/V/H
September 8, 2021
File No. 15.0166951.00
Northampton Conservation Commission
City Hall
210 Main Street, Room 11
Northampton, MA 01060
Re: DEP File 246-0754, Response to MassDEP Comments
Proposed Bridge Replacement Project
595 Haydenville Road
Leeds, MA
Dear Northampton Conservation Commission,
On behalf of the Seth and Angie Gregory, we offer the following responses to comments dated August
24, 2021 and provided by MassDEP, Western Regional Office. We have annotated MassDEP
comments below in blue text for the five (5) comments issued for the Commission’s consideration.
MassDEP Comments and GZA Responses
[1] Please note that the final NHESP letter was issued on 4/28/21, significantly prior to the actual
NOI submittal to MassDEP and the commission. Plan Sheet 1 does have the same date on the
plan as is noted in the NHESP letter.
Response to #1:
GZA acknowledges the reviewer’s comment, the Plan Sheet 1 submitted in the recent NOI was the
same as the one originally submitted to NHESP for their initial review which culminated in the
04/28/21 letter. In regards to this NOI submission, NHESP was contacted on 08/23/21 to inform them
that a NOI for this project was submitted related to the previously issued file number. Melany
Cheeseman requested that a printed copy be sent to NHESP for their records, which was mailed out
on that day as well. The project, as approved by the Commission will follow the conditions issued by
NHESP.
[2] The commission should note that there is presumptive BLSF across the town line into
Williamsburg, noted in the NOI, and the current FIRM does not note any in the crossing area. The
commission should also note that the computer generated bankfull width using streamstats is
30.9 feet.
Response to #2:
GZA acknowledges the reviewer’s comments. There may be presumptive BLSF across the town line.
However, there is no available record of mapped BLSF in the project location based on a review of
the multiple MassGIS data layers including the FEMA FIRM sheet and available City of Northampton
GIS layers. No work is proposed within LUWW or Bank as part of this project. The project involves a
September 8, 2021
File No. 15.0166951.00
Response to DEP Comments
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Proactive by Design
limited area of temporary disturbance within the footprint of the existing driveway. The project will result in an increase
in the height of the bridge over the river by 8 to 12-inches leading to a potential increase in the carrying capacity of the
stream. Additionally, there is no known record of the road becoming submerged during recent extreme storm events
and is presumed to be at an elevation below the possible BLSF.
[3] The commission might find it helpful if they were to receive photos looking downstream at the inlet and looking
upstream at the outlet.
Response to #3:
Additional photos of the area can be supplied at the Commission’s request or can be discussed further at a pre-hearing
site visit.
[4] The NOI Form 3 does not note that the work is reviewable as a limited project therefore full compliance with the
performance standards is required. The work in Riverfront was submitted under new development, 310 CMR 10.58
(4), and work in the inner 100 typically cannot be permitted under this section of the regulations. 310 CMR 10.58(4)
(d)1.a. basically prohibits work in the inner 100. The commission, using its discretion, may require that the work be
submitted as a redevelopment project per 310 CMR 10.58(5). The following guidance is provided for the improvement
over existing conditions requirement. Acceptable improvements include, but are not limited to:
1) Significant net reduction of impervious surfaces;
2) Planting of indigenous plant species;
3) Removal and proper disposal of noxious but otherwise legally located materials.
Response to #4:
The project was not submitted as a limited project and the measures taken to meet the performance standards are
discussed in the NOI Narrative. The project takes place within the existing driveway footprint, which was installed prior to
August 7, 1996, and involves a minimal amount of temporary disturbance. The proposed work within the driveway may
qualify as an exempt activity under 310 CMR 10.58(6)(b) and 310 CMR 10.02(2)(b)2q. No new work within the inner 100
feet of the Riverfront Area or in any other resource areas are proposed as part of this project. The proposed temporary
laydown areas on the grassy shoulders along the driveway do not involve any earth disturbance, vegetation removal, or
permanent impacts within Riverfront Area. The removal of the old wooden bridge structure takes place above the limits
of MAHW and will prevent materials from collapsing into the brook. The new abutment elevations are proposed to be
slightly higher in elevation within the driveway footprint and will therefore allow for a greater span of the bankfull width
of the stream than the existing conditions. We suggest that the project as proposed meets the criteria for an exempt
activity as described above and compliance with the redevelopment standards, 310 CMR 10.58(5) is not applicable in this
instance.
[5] Please note the temporary stockpile areas are directly adjacent to BVW. This reviewer does understand the
applicant does not own the fields adjacent to Beaver Brook but it does appear that the fields, some clearly in
BVW, are being mown for a possible non-agricultural purpose. 310 CMR 10.55(4)(a) prohibits any impairment or
destruction of BVW.
Response to #5:
The Applicant’s project is located within a deeded access right-of-way through a property owned by an abutter. This
project is limited to the area accessible to the Applicant through their easement rights.
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Response to DEP Comments
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Proactive by Design
Thank you for the opportunity to clarify the project elements and jurisdictional activities. We trust that our responses
adequately address the questions and comments that MassDEP provided. We look forward to working with the
Commission and discussing the project further as you review the NOI application.
Sincerely,
GZA GeoEnvironmental, Inc.
Joseph Rogers, PWS, CESSWI Daniel M. Nitzsche, CPESC, CESSWI, SE
Project Manager Senior Consultant
Cc: MassDEP-WERO