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2022.02.10 Staff Report.pdf February 10 2022 Staff Report To: Conservation Commission From: Sarah LaValley RE: Staff Report, February 10 2022 Commission Meeting 5:30 PM, Notice of Intent for drilling of borings and monitoring well installation. Work proposed within riverfront area (former Mill River), bordering vegetated wetland, and buffer zone. Eversource Gas of MA, Smith Street and Randolph Place, Map IDs 32C-346 and 107 Application Overview: The application proposes investigatory work to evaluate the source of possible Manufactured Gas Plant related sheens and odors from dense nonaqueous phase liquids in the former Mill River channel. A truck or ATV mounted drill rig will access sample locations and conduct borings, followed by installation of up to six monitoring wells. Wetland matting will be installed for access, resulting in temporary BVW disturbance, and each well will have four square feet of permanent associated disturbance. The application requests that BVW replication not be required for this small permanent disturbance. Tree removal is proposed to facilitate access. DEP Comments: [1] The 100-foot Buffer Zone depicted on the figures and map set appears to extend off areas of Bordering Vegetated Wetlands only and not inland Bank. This is technically correct but has no impacts to calculations of either BVW or buffer zone disturbance; buffer zone is not shown where it is also part of another resource area. [2] In Section 4.1.2, the applicant addresses the general performance standards for Riverfront Area set forth in 310CMR 10.58(4); however, a portion of the Riverfront Area within the properties is degraded. The applicant needs to address compliance with the Riverfront Area redevelopment performance standards set forth in 310 CMR 10.58(5). General performance standards are stricter than those for, an applicant is not required to utilize redevelopment standards. [3] There appears to be an OOC File Number 246-0688 (10/15/2015) for 32-36 Smith Street. The commission should be mindful of the “dual notices” policy. IF the work areas of the current project and the referenced prior OOC do not overlap, the commission may not have concerns having dual notices. Should the projects overlap, the Commission may wish to consider issuing and OOC for the proposed project and subsequently issue a COC for the original Order of Conditions. The referenced Order of Conditions was a garage construction on private property, for which the applicant had been working on required mitigation. Since the projects are unrelated and filed by different applicants, staff does not recommend applying the dual notices policy. Consistency with the WPA and Northampton Wetlands Ordinance: The application includes a detailed performance standard assessment beginning on page 7 with which staff agrees. The work proposed includes disturbance within the Protected Zone. This is allowed since the work is a limited project under 310CMR 10.24(6), Assessment, monitoring, containment, mitigation, and remediation of, or other response to, a release or threat of release of oil and/or hazardous material in accordance with the provisions of 310 CMR 40.0000: Massachusetts Contingency Plan. January 13 Staff Report 2 Staff Recommendations: The work is necessary to investigate limits of possible contamination and facilitate development of a future response plan. Staff recommends issuing an Order of Conditions, with standard conditions, and additional considerations: The Commission should discuss work timing with the applicant to ensure that it will take place when areas are dry or frozen. Size and locations of trees to be removed will not be known until exploratory borings are complete. An additional condition should require a tree removal and replacement plan to be submitted for review and approval. Small felled trees or portions of them should be left in place where possible for wildlife habitat, large trees should be removed to mitigate flood concerns. Chippings shall not be placed onsite. Due to winter conditions, exact resource area boundaries as shown on the application were not able to be confirmed. The Ordinance specifies that “when there is snow on the ground and/or the ground is frozen, the Commission may continue a hearing until the snow melts and/or the ground thaws if it determines that an accurate wetland delineation is not possible otherwise.” Due to the temporary nature of the proposed work, staff recommends issuing an Order and noting that boundaries are not confirmed. 5:45 PM Request for Determination of Applicability to determine if demolition of existing structures and lot clearing within buffer zone will alter resource areas. Nu-Way Homes, 39 Landy Ave, Parcel 23C-001. Application Overview: The application proposes demolition of an existing house and outbuildings within buffer zone to a bordering vegetated wetland. Clearing the property of vegetation is also proposed. Staff Recommendations: Removal of the house and existing structures will result in no change in impervious area, and should result in no alteration to the resource area. However, stumping and grubbing the site, along with associated soil disturbance, in absence of a development proposal, would likely create opportunities for sediment transport into resource areas or city storm drains. Staff recommends issuing a negative determination by checking box 3, with standard conditions. A revised site plan with narrowed limit of work and associated erosion control must be submitted for approval prior to work. Silt fence should be substituted for fiber roll at the rear of the site Note that wetland boundaries are not confirmed by the Determination. Field data forms or other additional information regarding delineation methodology will need to be provided and boundaries confirmed during the growing season, along with an accompanying NOI for site development. 6:00 PM Request for Determination of Applicability to determine if walking path boardwalk installation within buffer zone to bank and wetlands will alter resource areas. Office of Planning & Sustainability, Rocky Hill Greenway, Old Wilson Rd, Parcel 37-049. Application Overview: The application proposes installation of raised trail boardwalks at the Pine Grove section of Rocky Hill Greenway. The docks will be similar to those already in-place at Ice Pond and Mineral Hills, although these include large spaces in the decking that will allow water and light to easily filter through the surface. Staff-assisted application, no specific recommendation. If the Commission agrees that the work will take place within buffer zone (Nashawannuck Brook is classified intermittent and has no associated riverfront), but will not remove, dredge, fill, or alter any areas subject to protection, issue a negative determination by checking box 3.