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REVISED-Att A NOI Narrative (Updated 04-19-22)v26303/ Cutlery Building Associates i Attachment A - Narrative Notice of Intent (updated) - Northampton Epsilon Associates, Inc. TABLE OF CONTENTS WPA FORM 3 – NOTICE OF INTENT ATTACHMENT A – PROJECT NARRATIVE 1 1.0 Introduction 1 1.1 Previous Site Clean Up under MCP 1 2.0 Existing Conditions 2 2.1 Inland Bank and Riverfront Area 2 2.2 Isolated Wetland 3 2.3 Land Under Water Bodies and Waterways 4 2.4 Bordering Land Subject to Flooding 4 3.0 Description of Proposed Work 4 3.1 Repoint Vertical Mortared Wall 4 3.2 Remove Trees & Lower the Slope of the Bank 4 3.3 Re-build Collapsed Dry-laid Stone Wall 5 3.4 Gabion Wall 6 3.5 Extend Retaining Wall 6 3.6 Stone Rip-Rap 6 3.7 Geocell Turf Reinforcement Mat Treatment 6 3.8 Soil Stabilization 6 3.9 Stockpile Excavated Soil 7 3.10 New Parking Lot Area Error! Bookmark not defined. 3.11 Removal of Organic Matter 7 4.0 Compliance with Limited Project Performance Standards 8 5.0 Compliance with General Performance Standards 10 5.1 Inland Bank 10 5.2 Riverfront Area 11 5.3 Land Under Water Bodies and Waterways 13 5.4 Bordering Land Subject to Flooding 14 56.0 Compliance with Ordinance Performance Standards 10 67.0 Mitigation Measures 16 67.1 Construction Entrance 16 67.2 Dust Control & Monitoring 16 67.3 Confirmatory Soil Samples 17 67.4 Remediation Waste Management 17 67.5 Construction Period Stormwater Management 17 87.0 Conclusions 18 6303/ Cutlery Building Associates ii Attachment A - Narrative Notice of Intent (updated) - Northampton Epsilon Associates, Inc. List of Attachments Attachment A Project Narrative Attachment B Figures Attachment C Engineering Plans Attachment D Filing Fee Information Attachment E Abutters Information Attachment F Wetland Delineation Memo Attachment G Site Photographs Attachment H Stormwater Management Report Attachment I NHESP Proof of Mailing Attachment J Wildlife Habitat Evaluation Attachment K Phase IV RIP Memo-Wall Repairs and Alternatives Analysis List of Figures Figure 1 USGS Locus Map Figure 2 Aerial Locus Map Figure 3 MassDEP Wetlands Map Figure 4 FEMA FIRM Map Figure 5 NHESP Habitat Map 6303/Cutlery Building Associates 1 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. ATTACHMENT A – PROJECT NARRATIVE 1.0 Introduction On behalf of Cutlery Building Associates (the “Applicant”), Epsilon Associates, Inc. (“Epsilon”) is pleased to submit this Notice of Intent (“NOI”) to the Northampton Conservation Commission for waste cleanup and bank stabilization where the Former Cutlery raceway runs along a section of the Mill River at 320-360 Riverside Drive, Northampton MA (the “Project”). The purpose of the project is to provide remediation of contaminated soils and bank stabilization in an area of the Chapter 21E site where erosion has occurred and is continuing. This NOI has been prepared in accordance with the Massachusetts Wetlands Protection Act (M.G.L. c. 131 s. 40) (the “Act” or “WPA”) and implementing Regulations (310 CMR 10.00) (“Regulations”), as well as the City of Northampton Wetland Ordinance Chapter 337 (the “Ordinance”). The Project will involve work within Bank, Riverfront Area, Bordering Land Subject to Flooding (“BLSF”), isolated wetlands (“IW”), and buffer zone, totaling approximately 1,382 17,582 square feet (“sf”) of temporary impacts and 42,178 37,530 sf of permanent impacts to overlapping resource areas regulated under the Act and the Ordinance. Work is also proposed within Priority Habitat of Rare Wildlife and Estimated Habitat of Rare Wildlife. Accordingly, a copy of this NOI has been sent to the Natural Heritage and Endangered Species Program to receive a 30-day streamlined review; proof of that correspondence is included in Attachment I. The proposed contaminated soil removal and bank stabilization activities qualify as a Limited Project under the WPA at 310 CMR 10.53(3)(q) – “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.” On behalf of the Applicant, OHI Engineering has prepared separately a Phase IV Remedy Implementation Plan (“RIP”) under the Massachusetts Contingency Plan (“MCP”) and submitted it to MassDEP and the Northampton Conservation Commission. 1.1 Previous Site Clean Up under MCP Under a 2004 Order of Conditions, contaminated soils from the eroding riverbank were stockpiled in the southern portion of the levee on Lot 77 and the stockpiled material was stabilized in place in accordance with the MCP under an Immediate Response Action (“IRA”) Amendment dated August 2006. The IRA Amendment was the result of a joint agreement between the Applicant, the City of Northampton Conservation Commission, and the MassDEP Bureau of Waste Site Cleanup-(Western Regional Office). Under the IRA Amendment, the stockpile was covered with orange fencing as a marker, then covered with loam and seeded. This area now is completely vegetated, with no open areas and a percent cover of 100%. The dominant vegetation includes New England aster (Symphyotrichum novae-angliae), wild rye (Elymus spp.), Japanese knotweed (Fallopia japonica), and deer tongue (Dichanthelium clandestinum). 6303/Cutlery Building Associates 2 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. 2.0 Existing Conditions The 3.3-acre project site-located at 360 Riverside Drive includes the former raceway that carried water from the Mill River to the former Northampton Cutlery mill building (Figure 1). A steep bank separates the former headrace from the east bank of the Mill River, approximately 15 feet below. Land uses adjacent to the project area include a mix of residential and commercial buildings. The levee that separates the headrace from the river has also been found to contain hazardous materials (heavy metals). The levee becomes topographically prominent from approximately 600 feet to 880 feet north of the Cutlery Building, where the former headrace has not been filled. Resource areas on the project site were delineated by Wendell Wetland Services on March 15, 2021 (Attachment G). One Isolated Wetland was identified on the project site, along with the Inland Bank of the Mill River, a perennial waterway. The project area is predominantly within the 200-foot Riverfront Area of the Mill River and the 100-foot buffer zones to the Bank and the Isolated Wetland. According to the FEMA FIRM (Panel # 250167 0002 A), the Project Area is located within an area of Special Flood Hazard Area (FEMA Zone A7) associated with the Mill River (Figure 4). Zone A7 is considered the 100-year floodplain to the Mill River, which under the Act is regulated as Bordering Land Subject to Flooding (“BLSF”). Based on the most recently published edition of the Massachusetts Natural Heritage and Endangered Species Program (“NHESP”) Atlas (15th edition, effective August 1, 2021), much of the Project site is located within Priority Habitat “PH2084” and Estimated Habitat “EH1319” (Figure 5). 2.1 Inland Bank and Riverfront Area According to 310 CMR 10.54, a Bank is the portion of the land surface which normally abuts and confines a water body. It occurs between a water body and a BVW and adjacent flood plain, or, in the absence of these, it occurs between a water body and upland. The upper boundary of Bank is the first observable break in slope or the mean annual flood level, whichever is lower. The lower boundary of a Bank is the mean annual low flow level. Under the Act, Bank has a 100-foot buffer zone extending from its edge. Additionally, according to 310 CMR 10.58, a Riverfront Area (RA) is the area of land between a river's mean annual high-water line and a parallel line measured horizontally. The Riverfront Area may include or overlap other resource areas or their buffer zones. The Riverfront Area does not have a buffer zone. Riverfront areas are likely to be significant to protect the private or public water supply; to protect groundwater; to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to protect wildlife habitat; and to protect the fisheries. 6303/Cutlery Building Associates 3 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. The Mean Annual High Water Line (MAHWL) of the Mill River was marked by flags B-1 to B-30. Much of this boundary follows a man-made retaining wall. However, there are areas to the south where there is no retaining wall, and drift lines and sediment deposits were used to aid in the MAHWL delineation in this location. The parcel contains 100,965 sf of RA. Proposed work will result in 42,054 36,398 sf of permanent impacts to RA, including 38,990 33,364 sf between 0-100 feet, and 3,064 sf between 100-200 feet. Approximately 105 161 linear feet and 703 sf of permanent impacts to Bank are being proposed in the form of new retaining wall. The remaining 378 linear feet of existing dry-laid revetment structure and 185 linear feet of masonry wall will be repaired, but not expanded. Bank and Riverfront Area are considered “Important Wildlife Habitat Characteristics of Inland Resource Areas” under 310 CMR 10.60(1)(b) “Wildlife Habitat Evaluations”. Since the proposed Bank impacts of 105 161 linear feet and 703 sf within mapped Estimated Habitat will alter more than 10% or 50 feet of the length of the bank on the parcel, a Wildlife Habitat Evaluation has been prepared and submitted along with the NOI to the Natural Heritage and Endangered Species Program for review. 2.2 Isolated Wetland Isolated Wetlands (IW) are defined in the Ordinance as “Freshwater wetlands that do not border on creeks, rivers, streams, ponds, and lakes; isolated depressions which hold standing water for extended periods of time, such as kettle holes which are too small to be called ponds; and isolated depressions or closed basins which are subject to flooding during periods of high-water table and high input from spring runoff or snowmelt or heavy precipitation, and support populations of nontransient macroorganisms (wetland plants defined in MGL c. 131, § 40, or 310 CMR 10.00 or animals visible to the naked eye) or serve as breeding habitat for select species of amphibians which depend on wetlands for breeding habitat. Isolated and seasonal wetlands include temporary ponds and pools and vernal ponds and pools.” There is a 100-foot Buffer Zone associated with IW. Within the former headrace there is an IW which is fed by a culvert from beneath Riverside Drive. This wetland is vegetated by native wetland plants including silky dogwood (Cornus amomum), sensitive fern (Onoclea sensibilis), willow-herb (Epilobium coloratum), and tussock sedge (Carex stricta), but also includes non -native species such as Norway maple (Acer platanoides), garlic mustard (Alliaria petiolate) and Japanese knotweed (Fallopia japonica). Flags A-1 to A-20 encircle this wetland. The project work will require filling 510 sf of result in 290 sf of temporary impacts and 129 sf of permanent impacts to this IW, as described in further detail below. 6303/Cutlery Building Associates 4 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. 2.3 Land Under Water Bodies and Waterways Land Under Water Bodies and Waterways (LUWW) are defined at 310 CMR 10.56 as the land beneath any creek, river, stream, pond or lake. Said land may be composed of organic muck or peat, fine sediments, rocks or bedrock. The boundary of Land under Water Bodies and Waterways is the mean annual low water level. There is a no Buffer Zone associated with LUW. The project work will involve approximately 1,382 799 sf of temporary impacts to LUW, resulting from the temporary placement of timber mats to perform the wall repair work. 2.4 Bordering Land Subject to Flooding Bordering Land Subject to Flooding (“BLSF”) is defined at 310 CMR 10.57(1)(a) as areas with low, flat topography adjacent to and inundated by flood waters rising from creeks, rivers, streams, ponds or lakes. The boundary of BLSF is the estimated maximum lateral extent of flood water which will theoretically result from the statistical 100-year frequency storm. There is no Buffer Zone associated with BLSF. BLSF within the project limits is associated with the Mill River. The proposed work will involve approximately 3,291 3,211 sf of permanent impacts to BLSF but will result in a net increase in the flood storage capacity of the BLSF by 2,051 cubic feet. 3.0 Description of Proposed Work The continued evaluation of potential wastes site closure options under the MCP and the degradation of the levee retaining wall by the floodwater action of the Mill River have resulted in the decision to execute the Phase IV RIP to excavate areas of impacted soil and implement retaining wall and bank restoration work designed to help the levee withstand the hydraulic energy of the Mill River with an estimated design life of 100 years. The following Phase IV RIP activities are planned for this Site under the MCP. 3.1 Repoint Vertical Mortared Wall The upstream-most portion of the retaining wall, approximately 185 feet long, is vertical and was constructed with stone and mortar. This section is in relatively good condition and is mostly between 12 to 15 feet high. The wall is lower in the downstream end where it meets the dry-laid portions of the wall, and is roughly six feet high at the dry/mortar junction. Re-pointing of the mortar is required to maintain the long-term structural integrity of the vertical wall in this section. 3.2 Remove Trees & Lower the Slope of the Bank Where the levee bank is steep to near-vertical above the retaining wall, impacted soil will be excavated and the slope of the bank will be lowered to a maximum slope of 1:2 to minimize future erosion. All excavated soil from bank and wall repair/rebuilding activities will first be treated in- place to stabilize the metals (see Section 3.8), and then transported to MCP Area of Concern 2 (“AOC-2”) where it will be added to the stockpile of similar soils (see Section 3.9). 6303/Cutlery Building Associates 5 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. In order to conduct the remediation efforts and repair the retaining wall, all trees along the levee and its bank will need to be removed. If trees were left in place, when they eventually fall over due to storm forces or old age, their root systems could open the newly rebuilt retaining wall or levee bank treatments exposing the underlying soil to erosion. Rotten stumps can cause soil collapse also resulting in erosion. A survey of existing tree species and their approximate breast- height diameter was conducted by OHI and Mathew Verson. The trees and their relative size are shown on the plans. A count of trees by species and size is summarized in Table 1 below. In total, 96 trees between 3” and 36”, of which more than half are 6” or less in diameter, will be removed for this project. Table 3-1 Tree Removal by Size & Species 3.3 Re-build Collapsed Dry-laid Stone Wall The remaining portions of the retaining wall start at six feet high and gradually lower to a final height of approximately two feet at the downstream end of the retaining wall. Most of the dry- laid retaining wall is approximately four feet high. Sections of the dry-laid stone wall have collapsed, or started to collapse, and the levee bank above these sections can be observed to have eroded due to the lack of support from the retaining wall below. See Site Photographs in Attachment B. Where the dry-laid wall is mostly intact, the wall will be re-built to its original height using a combination of existing stones on the shoreline directly below the collapsed wall and stone from the walls lining the former headrace or sourced from off-site. The sections of wall to be rebuilt are illustrated in the Riverbank Restoration plan set in Attachment C (OHI, 2021) and details of this repair are shown in the Typical Wall Repair Type B, Sheet C7-2. 6303/Cutlery Building Associates 6 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. 3.4 Gabion Wall In the sections where the dry-laid wall is in the worst condition and no longer serving as a retaining wall, the remaining stones will be removed and these sections of wall will be replaced with gabion baskets filled with stone. The gabion wall will be dug into the shoreline underlying soil for structural support, will be flush with the front face of the existing wall, and will be built to a height matching the apparent original height of dry-laid stone wall on either end of the gabion section. The sections of wall to be replaced with gabion basket are illustrated in the plan set in Attachment C and details of this installation are shown in the Typical Wall Repair Type C, Sheet C7-2. 3.5 Extend Retaining Wall The stone retaining wall will be extended approximately 105 feet south of its current extent at a height of approximately two feet. This is necessary to combat erosion of the bank along this stretch which is becoming evident. Further south, the river bed widens and a flood plain is present which absorb the energy of flood water, thus reducing its potential for erosion. 3.6 Stone Rip-Rap From the top of the retaining wall up to the 100-year flood elevation, stone rip-rap will be placed on the face of the relaxed slope on top of filter fabric and a bed of crushed stone. The major stones will be flat and angular with a minimum thickness of twelve inches and the interstitial spaces will be filled with smaller stone. This rip-rap is designed to withstand the water forces of a 100-year flood event much better than the current conditions and prevent erosion of the underlying metals-impacted levee bank soils. Details of the rip-rap construction are shown in the Typical Wall Repair Type A/B/C cross-sections on the Riverbank Restoration plan set (OHI, 2022) Sheet C7-2 in Attachment C. 3.7 Geocell Turf Reinforcement Mat Treatment From the top of the rip-rap at the 100-year flood elevation to the top of the levee, the newly relaxed slope will be covered with turf reinforcement mat. The geocell mat/blanket is designed to be filled with soil and seeded, allow water to pass through, and to hold a bank in place to impede erosion. Details of the turf reinforcement mat installation are shown in the Typical Wall Repair Type A/B/C cross-sections and the Turf Reinforcement Mat details on the Riverbank Restoration plan set (OHI, 2022) Sheets C7-1 and C7-2 in Attachment C. 3.8 Soil Stabilization Soil that is located along the entire length of the levee and the levee bank down to the top of the stone retaining wall is assumed to contain elevated concentrations of the metals previously detected at the Site (see Section 2.0). Prior to moving soil in these areas, the soil will be stabilized in place using Blastox®, a patented, fine granular, complex calcium silicate-based additive for stabilizing heavy metals. Blastox® will be applied onto the soil surface and mixed into the soil using an excavator prior to removal of the soil from the levee and/or bank and transport to the AOC-2 stockpile. 6303/Cutlery Building Associates 7 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. The Blastox® process produces insoluble heavy metal compounds through chemical conversion, pH adjustment and physical encapsulation, thereby making the metals unavailable to leach. The total amount of metals in the soil will not change, but their availability to the environment will be dramatically reduced. OHI and Blastox have completed a bench-scale pilot test on the stabilization process using Site soil. OHI collected several composite surface soil samples from a location near the center of the levee and submitted them to Blastox for the test. Bench test results indicate that the stabilization process will reduce the Toxicity Characteristic Leaching Procedure (TCLP) concentrations of metals in Site soil to below EPA land application standards (5 mg/L). A similar product and process were utilized in 2005 when metals-impacted soil from AOC-1 was stabilized prior to creating the stockpile in AOC-2. 3.9 Stockpile Excavated Soil Excavated and stabilized soil from along the levee will be transported to AOC-2 and placed on top of the filled portion of the headrace. The southern portion of the filled headrace already contains a stockpile of metals-impacted soil. The existing stockpile will be increased in length toward the north and in overall height. The concentration and speciation of metals detected along the levee are consistent with the metals already contained within the stockpile. Thus, the stockpile will grow in volume, but not in character. This is consistent with prior soil excavations at the Site as previously agreed between MassDEP and the Cutlery, and thus is consistent with the provisions and intent of the MCP regulation at 310 CMR 40.0030. When final grade, side slopes and compaction of the stockpile are reached, the stockpile will be covered with an engineered risk reduction barrier to prevent dermal contact with remaining underlying impacted soil. The proposed risk reduction barrier will be constructed as follows from bottom to top: ♦ Layer of woven geotextile Mirafi RS380i; ♦ Layer of orange non-woven filter fabric (Mirafi 140NL/O); ♦ 18 inches of clean fill; ♦ 6 inches of topsoil; and ♦ Vegetation (grass). The engineered risk reduction barrier installation is shown in the Impacted Soils Stockpile Area cross-section in the Riverbank Restoration plan set (OHI, 2021) Sheet C7-1. 3.10 Removal of Organic Matter Tree removal from the Site will be accomplished primarily by crane to protect the Mill River, the levee/bank, and to facilitate removal of the trunks and limbs from the Site. A timber-mat road will be installed along the inside face of the headrace parallel with the levee to enable the tree crane to access the Site. Additional timber-mats will be utilized on either side of the log-mat road 6303/Cutlery Building Associates 8 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. as needed for the crane stabilization pads. Log trucks will utilize the timber-mat road for removal of the trunks and branches. Analysis was conducted of a composite sample of various live tree (oak, maple, and birch) branches with leaves for MCP13 total metals. The analysis detected levels of barium, lead, nickel, and zinc far below MassDEP Method 1 S-1 soil standards that are consistent with published values of metals in wood chips from other locations (Phase IV RIP, OHI, 2022). The results indicate that wood chips and solid tree logs can be removed from the Site without restrictions on off-site management. 4.0 Compliance with Limited Project Performance Standards The Limited Project provision in the Regulations at 310 CMR 10.53(3) states the following: Notwithstanding the provisions of 310 CMR 10.54 through 10.58 and 10.60, the Issuing Authority may issue an Order of Conditions and impose such conditions as will contribute to the interests identified in M.G.L. c. 131, § 40 permitting the following limited projects (although no such project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.59). In determining whether to exercise its discretion to approve the limited projects listed in 310 CMR 10.53(3), the Issuing Authority shall consider the following factors: the magnitude of the alteration and the significance of the project site to the interests identified in M.G.L. c. 131, § 40, the availability of reasonable alternatives to the proposed activity, the extent to which adverse impacts are minimized, and the extent to which mitigation measures, including replication or restoration, are provided to contribute to the protection of the interests identified in M.G.L. c. 131, § 40. In proposing this work under the specific Limited Project provision at 310 CMR 10.53(3)(q), the project will contribute to the interests discussed above by conforming with the general performance standards for this limited project provision as listed below. 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 and the following general conditions (although no such measure may be permitted which is designed in accordance with the provisions of 310 CMR 40.1020: Background Levels of Oil and Hazardous Material solely to reduce contamination to a level lower than that which is needed to achieve "No Significant Risk" as defined in 310 CMR 40.0006(12)): 1. there are no practicable alternatives to the response action being proposed that are consistent with the provisions of 310 CMR 40.0000: Massachusetts Contingency Plan and that would be less damaging to resource areas. The alternatives analysis shall include, at a minimum, the following: 6303/Cutlery Building Associates 9 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. a. an alternative that does not alter resource areas, which will provide baseline data for evaluating other alternatives; and There are no alternatives to this project that will not alter resource areas. Please see “Phase IV RIP Memo- Wall Repairs and Alternatives Analysis” (Attachment K) for detailed information. b. an assessment of alternatives to both temporary and permanent impacts to resource areas. There are no alternatives to this project that will not result in temporary and permanent alterations to resource areas. Please see “Phase IV RIP Memo- Wall Repairs and Alternatives Analysis” (Attachment K) for detailed information. A "Comprehensive Remedial Action Alternative" that is selected in accordance with the provisions of 310 CMR 40.0851 through 40.0869 shall be deemed to have met the requirements of 310 CMR 10.53(3)(q)1.; and This requirement is met because the Phase IV RIP includes implementation of a Comprehensive Remedial Action Alternative selected in accordance with the MCP. 2. such projects shall be designed, constructed, implemented, operated, and maintained to avoid or, where avoidance is not practicable, to minimize impacts to resource areas, and shall meet the following standards to the maximum extent practicable: a. hydrological changes to resource areas shall be minimized; The project will minimize work within resource areas to the extent practicable, will increase flood storage, and will serve to stabilize an eroding river bank. The project will comply with this standard. b. best management practices shall be used to minimize adverse impacts during construction, including prevention of erosion and siltation of adjacent water bodies and wetlands in accordance with standard U.S.D.A. Soil Conservation Service methods; As described below in Section 5.0, erosion and sediment controls are proposed around all areas to be disturbed prior to the commencement of work in each area and will be inspected and maintained on a daily basis. The types and locations of controls are shown on the plans on sheets C.7.2-C.7.3 in Attachment C. The project will comply with this standard. c. mitigating measures shall be implemented that contribute to the protection of the interests identified in M.G.L. c. 131, § 40; As described throughout the above narrative, the implementation of this project provides a risk reduction of continued bank erosion, removal of the potential for leaching of the identified metal- impacted soils along the bank, stabilizing these soils place, and will allow closure of this waste site as a Permanent Solution under the Massachusetts Contingency Plan. Additionally, the mitigation 6303/Cutlery Building Associates 10 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. measures described below in Section 5.0 detail protection of the interests of the Act. The project will comply with this standard. d. compensatory storage shall be provided in accordance with the standards of 310 CMR 10.57(4)(a)1. for all flood storage volume that will be lost; e. no access road, assessment or monitoring device, or other structure or activity shall restrict flows so as to cause an increase in flood stage or velocity; The project will result in a net gain of flood storage volume of 2,051 cubic feet within the 100- year floodplain. f. temporary structures and work areas in resource areas, such as access roads and assessment and monitoring devices, shall be removed within 30 days of completion of the work. Temporary alterations to resource areas shall be substantially restored to preexisting hydrology and topography. At least 75% of the surface of any area of disturbed vegetation shall be reestablished with indigenous wetland plant species within two growing seasons and prior to said vegetative reestablishment any exposed soil in the area of disturbed vegetation shall be temporarily stabilized to prevent erosion in accordance with standard U.S.D.A. Soil Conservation Service methods. Temporary structures, work areas, and alterations to resource areas are those that no longer are necessary to fulfill the requirements of 310 CMR 40.0000: Massachusetts Contingency Plan; and All equipment and staging in resource areas will be removed within 30 days of completion of work. As described below, all disturbed areas will be stabilized in place through the use of temporary (blankets) and permanent (vegetation, rip rap, stone walls). A native wetland or conservation seed mix (as site conditions dictate) will be applied to the site during the final grading and restoration phase, and will be monitored for two full-growing seasons with the goal of reaching 75% surface cover. The project will comply with this standard. g. work in resource areas shall occur only when the ground is sufficiently frozen, dry, or otherwise stable to support the equipment being used. Work in resource areas will occur only when the ground is sufficiently frozen, dry, or otherwise stable to support the equipment being used. 5.0 Compliance with General Performance Standards 5.1 Inland Bank Approximately 161 linear feet and 703 sf of Inland Bank will be permanently impacted by the project in the form of a new dry-laid stone revetement wall and installation of rip-rap. The work will be conducted in accordance with the general performance standards for Inland Bank, outlined in 310 CMR 10.54(4), and as described in further detail below. (a) Any proposed work on a Bank shall not impair the following: 6303/Cutlery Building Associates 11 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. 1. The physical stability of the bank; The work is being conducted for purposes of protecting the integrity of the bank (which is eroding). The proposed dry-laid stone and rip-rap to be placed along the bank and will increase its physical stability and functionality relative to storm damage prevention and flood control. The stone will create a permanent barricade from erosional forces, thereby increasing the physical stability of the Bank over existing conditions. 2. The water carrying capacity of the existing channel within the Bank; The water-carrying capacity of the existing channel within the Bank will not be impaired. 3. Ground water and surface water quality; The remediation project and bank stabilization work are designed to protect and improve the quality of ground water and surface water. 4. The capacity of the Bank to provide breeding habitat, escape cover and food for fisheries; The proposed remediation project will result in a change that will reduce the capacity of this area the Bank to provide breeding habitat, escape cover and food for fisheries. It is a necessary change to eliminate erosion of contaminated soils and is permitted under the Limited Project provision at 310 CMR 10.53(3)(q). 5. The capacity of the Bank to provide important wildlife habitat functions; The proposed remediation project will result in a change that will reduce the capacity of this area the Bank to provide important wildlife habitat functions. It is a necessary change to eliminate erosion of contaminated soils and is permitted under the Limited Project provision at 310 CMR 10.53(3)(q). Please refer to the Wildlife Habitat Evaluation Form provided in Attachment J for additional detail. 5.2 Riverfront Area In accordance with 310 CMR 10.58, activities conducted within RFA will contribute to the protection of the interests identified in the Wetlands Protection Act by complying with the following general performance standards: (a) Protection of Other Resource Areas. The work shall meet the performance standards for all other resource areas within the riverfront area, as identified in 310 CMR 10.30 (Coastal Bank), 10.32 (Salt Marsh), 10.55 (Bordering Vegetated Wetland), and 10.57 (Land Subject to Flooding). When work in the riverfront area is also within the buffer zone to another resource area, the performance standards for the riverfront area shall contribute to the protection of the interests of M.G.L. c. 131, § 40 in lieu of any additional requirements that might otherwise be imposed on work in the buffer zone within the riverfront area. 6303/Cutlery Building Associates 12 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. RA on the property overlaps with BLSF and the 100-foot Buffer Zone to Bank. Proposed work will result in 2,779 sf of permanent impacts and 432 sf of temporary impacts to BLSF but will provide an increase in flood storage capacity of 2,051 cubic feet. Approximately 161 linear feet and 703 sf of Inland Bank will be permanently impacted by the project in the form of a new dry-laid stone revetement wall and installation of rip-rap. The work will be conducted in accordance with the general performance standards for Bank, outlined in 310 CMR 10.54(4) and detailed above in Section 5.1, and the performance standards for the Limited Project at 310 CMR 10.53(3)(q). (b) Protection of Rare Species. No project may be permitted within the riverfront area which will have any adverse effect on specified habitat sites of rare wetland or upland, vertebrate or invertebrate species, as identified by the procedures established under 310 CMR10.59 or 10.37, or which will have any adverse effect on vernal pool habitat certified prior to the filing of the Notice of Intent. A copy of the NOI was submitted to the Natural Heritage and Endangered Species program (NHESP) along with a Wildlife Habitat Evaluation. A consultation letter was received and updated project plans submitted with this revised narrative reflect modifications completed in response to the letter. The parcel is mapped for Ocellated Darner, a large semi-aquatic insect that inhabits shaded clear, cold, rocky streams and rivers and associated shaded uplands. Their main flight period is mid- August to mid-October, but their exact management needs are not known. What is known is that water quality is of the utmost importance. The proposed erosion and sediment controls will serve to minimize and reduce siltation and erosion within this habitat area. (c) Practicable and Substantially Equivalent Economic Alternatives. There must be no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on the interests identified in M.G.L. c. 131 § 40. The project involves the implementation of a Comprehensive Remedial Action alternative that has been selected by a Licensed Site Professional in accordance with the applicable requirements of 310 CMR 40.0000. Under the Limited Project provisions at 310 CMR 10.53(3)(q)1, this alternative is not subject to a separate analysis of alternatives under this provision. (d) No Significant Adverse Impact. The work, including proposed mitigation measures, must have no significant adverse impact on the riverfront area to protect the interests identified in M.G.L. c. 131, § 40. 1. Within 200 foot riverfront areas, the issuing authority may allow the alteration of up to 5000 square feet or 10% of the riverfront area within the lot, whichever is greater, on a lot recorded on or before October 6, 1997 or lots recorded after October 6, 1997 subject to the restrictions of 310 CMR 10.58(4)(c)2.b.vi., or up to 10% of the riverfront area within a lot recorded after October 6, 1997, provided that: 6303/Cutlery Building Associates 13 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. (a) At a minimum, a 100 foot-wide area of undisturbed vegetation is provided. (b) Stormwater is managed according to standards established by the Department in its Stormwater Policy. (c) Proposed work does not impair the capacity of the riverfront area to provide important wildlife habitat function (d) Proposed work shall not impair groundwater or surface water quality by incorporating erosion and sedimentation controls and other measures to attenuate nonpoint source pollution. This performance standard is not met, and relief is being requested under the Limited Project provision at 310 CMR 10.53(3)(q). 5.3 Land Under Water Bodies and Waterways Approximately 799 sf of LUW will be temporarily impacted by the project. The work will be conducted in accordance with the general performance standards for LUW, outlined in 310 CMR 10.56(4), and as described in further detail below. (a) Any proposed work within Land under Water Bodies and Waterways shall not impair the following: 1. The water carrying capacity within the defined channel, which is provided by said land in conjunction with the banks; The water carrying capacity of the defined channel will not be altered by the temporary placement of timber matting to assist in the repointing of the existing mortar wall. Matting will not be placed on the Bank. 2. Ground and surface water quality; To prevent any disturbed sediment from leaving the immediate vicinity of the timber matting proposed to be placed in LUW, a turbidity curtain will be installed around the work limits. 3. The capacity of said land to provide breeding habitat, escape cover and food for fisheries; and Apart from the temporary period of placement of the mats, the capacity of this area of LUW to provide breeding habitat, escape cover and food for fisheries will not be impaired. 4. The capacity of said land to provide important wildlife habitat functions. A project or projects on a single lot, for which Notice(s) of Intent is filed on or after November 1, 1987, that (cumulatively) alters up to 10% or 5,000 sf (whichever is less) of land in this resource area found to be significant to the protection of wildlife habitat, shall not be deemed to 6303/Cutlery Building Associates 14 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. impair its capacity to provide important wildlife habitat functions. Additional alterations beyond the above threshold may be permitted if they will have no adverse effects on wildlife habitat, as determined by the procedures established under 310 CMR 10.70. Apart from the temporary period of placement of the mats, the capacity of this area of LUW to provide important wildlife habitat functions will not be impaired. 5. Work on a stream crossing shall be presumed to meet the performance standard set forth in 310 CMR 10.56(4)(a)… Not applicable. (b) Notwithstanding the provisions of 310 CMR 10.56(4)(a), the issuing authority may issue an Order in accordance with M.G.L. c. 131, § 40 to maintain or improve boat channels within Land under Water Bodies and Waterways when said work is designed and carried out using the best practical measures so as to minimize adverse effects such as the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms or the destruction of fisheries habitat or nutrient source areas. Not applicable. (c) Notwithstanding the provisions of 310 CMR 10.56(4)(a) or (b), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59. The temporary period of placement of the mats will be conducted in order not to have an adverse effect on specified habitat. 5.4 Bordering Land Subject to Flooding According to the FEMA Flood Insurance Study 1, in this location BLSF extends upgradient of the upper boundary of Inland Bank to elevation 197 -feet NGVD29. Elevation 197 -feet demarcates the extent of the 100-year floodplain where Bank stabilization is being proposed. The work will be conducted in accordance with the general performance standards for BLSF, outlined in 310 CMR 10.57(4), and as described in further detail below. (1) Compensatory storage shall be provided for all flood storage volume that will be lost as the result of a proposed project within Bordering Land Subject to Flooding, when in the judgment of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows. Compensatory 1 See https://msc.fema.gov/portal/advanceSearch#searchresultsanchor. 6303/Cutlery Building Associates 15 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. storage shall mean a volume not previously used for flood storage and shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100- year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to waterways, such compensatory volume shall be provided within the same reach of the river, stream or creek. Proposed work will result in 2,779 sf of permanent impacts and 432 sf of temporary impacts to BLSF, but will an increase in flood storage capacity of 2,051 cubic feet. Not all of the increased capacity is incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. The relief provided under the Limited Project provision at 310 CMR 10.53(3)(q) is applicable. (2) Work within Bordering Land Subject to Flooding, including that work required to provide the above-specified compensatory storage, shall not restrict flows so as to cause an increase in flood stage or velocity. The proposed dry-laid stone and rip-rap to be placed along the bank will increase its physical stability and functionality relative to storm damage prevention and flood control, and will not increase flood stage elevations nor velocity. (3) Work in those portions of bordering land subject to flooding found to be significant to the protection of wildlife habitat shall not impair its capacity to provide important wildlife habitat functions. Except for work which would adversely affect vernal pool habitat, a project or projects on a single lot, for which Notice(s) of Intent is filed on or after November 1, 1987, that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less) of land in this resource area found to be significant to the protection of wildlife habitat, shall not be deemed to impair its capacity to provide important wildlife habitat functions. Additional alterations beyond the above threshold, or altering vernal pool habitat, may be permitted if they will have no adverse effects on wildlife habitat, as determined by procedures contained in 310 CMR 10.60. The proposed remediation project will result in a change that will reduce the capacity of this area BLSF to provide important wildlife habitat functions. It is a necessary change to eliminate erosion of contaminated soils and is permitted under the Limited Project provision at 310 CMR 10.53(3)(q). Please refer to the Wildlife Habitat Evaluation Form provided in Attachment J for additional detail. 65.0 Compliance with Ordinance Performance Standards Section 337-10-E-(2)(c) of the Ordinance provides an exception that allows “alteration within resource areas or their associated protected zones” for a Limited Project as defined in the Massachusetts Wetlands Protection Act regulations. As this project is being proposed as a Limited Project under 310 CMR 10.53(3)(q), the proposed work that will involve alteration within resource areas or their associated protected zones is allowable under the Ordinance. 6303/Cutlery Building Associates 16 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. 76.0 Mitigation Measures 76.1 Construction Entrance A construction entrance will be located off of Riverside Drive as shown on the plans Sheets C4-1 and C7-1. The purpose of the entrance is to provide access directly off of Riverside Drive, and prevent the migration of dust from the Site onto the public way. The construction entrance will be 24 feet wide in order for two trucks to be present within the entrance at the same time (enter and exit). The construction entrance crosses a low ditch between the existing stockpile and Riverside Drive. 76.2 Dust Control & Monitoring During excavation and construction, the Contractor will monitor the air quality where construction activities involve soil handling such as excavation, relocation, staging, loading or grading of soil/waste materials. Visual monitoring will be conducted if there is no reason to believe that the material is contaminated. Dust suppression will be conducted if visible dust is observed. In addition to visual monitoring, air monitoring will be conducted around the Site. Air monitoring will involve appropriate techniques capable of providing real-time indications of air contaminants to protect on-site personnel and the local population. Air monitoring will be performed using particulate meters such as TSI DustTrak II Aerosol monitor, or equal. Each designated operator will be properly trained in the use of the monitoring equipment. Air monitoring will be conducted at three locations (north end of work zone, south end of work zone, and near the center) around the Site at 60-minute intervals or if visible dust is observed for a continuous period of five (5) minutes or more. The results of the air monitoring will be recorded and used as the basis for specifying personal protective equipment (“PPE”) and determining the need to upgrade/downgrade protective measures. All personnel will be made aware of potential hazards and be informed of air monitoring information. The Contractor’s Site Health and Safety Officer and Superintendent will be responsible for assuring that monitoring is conducted in an appropriate manner and that work practices, engineering controls and/or personal protective equipment are proper for the conditions. Dust will be controlled during excavation of soil/fill material to limit potential spread of contaminants and potential exposure of contaminants to workers and the public. Nuisance dust levels will be reduced by pre-wetting the surface soils and by establishing and maintaining clean access roads. Prior to excavation, areas of exposed earth will be lightly sprayed with water before excavation if there is potential for nuisance dust generation. At a minimum the Contractor will provide clean water, free from salt, oil and other deleterious materials. Additional water spray may be utilized only when an indication of excessive dust is observed. To the extent feasible, the Contractor will minimize the use of water within the limits of excavation. When feasible, access roads will be sprayed with water on a regular basis to minimize the generation of dust. 6303/Cutlery Building Associates 17 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. All containers and stockpiles will be covered at all times except as necessary to place or remove materials from the containers or stockpiles. The Contractor will monitor the covers daily to ensure the covers are in place and effectively eliminating the generation of dust. 76.3 Confirmatory Soil Samples Confirmatory soil samples will be collected after the final grade of the relaxed levee bank has been established and prior to placement of new/replacement materials. The purpose of these samples is to document the metals content of the remaining soil along the levee. Approximately 20 confirmatory soil samples will be collected in a uniform grid along the levee bank surface. The samples will be analyzed for MCP 14 total metals. 76.4 Remediation Waste Management Metals-impacted soil will be chemically stabilized in place and then moved to another location on-Site and placed on top of similar soils, expanding the existing stockpile as detailed above in Sections 3.8 & 3.9. This is consistent with past agreements between MassDEP and the Cutlery, and past practices at this Site. There is no known remediation waste that will leave the Site. 76.5 Construction Period Stormwater Management ♦ A silt sock will be installed along the length of the Mill River shoreline to prevent sedimentation while wall repair and soil excavation work is being conducted A turbidity curtain will be installed along the east side of the Mill River, outside the silt sock, prior to any wall repair or soil excavation activities along the levee to prevent sedimentation of the Mill River. In most locations work will be conducted from the Bank Full Bench/shoreline which borders the retaining wall, with two exceptions: At the far northern extent of the dry-laid stone wall the shoreline is quite narrow, and some machinery may need to be located partially within the river for short periods of time. ♦ At the far southern extent of the dry-laid stone wall the shoreline is also quite narrow, and any machinery needed to move stone along the shoreline will access the shoreline from the flood plain further to the south. This area will require a turbidity curtain from the flood plain access point to a location where the shoreline is wide enough for the full width of machinery when such work is in progress. Elsewhere, silt fence will be installed around the perimeter of the IVW to protect it from siltation and to define the work area. Timber mats will temporarily impact this IW along the western edge to allow access for equipment. Silt fence will also be installed from construction access road south along the road to the VHI parking lot, west along the parking lot to the top of the levee, then north from the VHI parking lot to approximately MW-4 where the bank restoration and tree removal work begins. At this point the silt fence will continue west down the bank to the top of the levee retaining wall and continue upstream/north along the top of the retaining wall to the northerly project terminus at the existing chain link fence, where it will follow the fence easterly to the base of the slope under the 6303/Cutlery Building Associates 18 Attachment A - Narrative Notice of Intent (updated) – Northampton Epsilon Associates, Inc. road. Silt fence will not be installed along the road as it is elevated above the entire work site, except in the vicinity of the construction access road where silt fence will be installed along its north and south edges. If catch-basins are identified within the roadway downgradient of the project limits they will be protected with silt sacks. Silt fence will also be installed around the perimeter of the isolated vegetated wetland as shown in the Riverbank Restoration plan set (OHI, 2022) Sheets C7-2 and C7-3. 87.0 Conclusions The information contained in this NOI and the accompanying plans describes the site, proposed work and the effect of said work on the interests identified in the Act and the Ordinance. The proposed work will achieve Permanent Solution for this waste site under the MCP and contribute to the protection of the interests of the Act by complying with the conditions under 310 CMR 10.53(3)(q) and the Ordinance. The Applicant therefore respectfully requests that the Commission issue an Order of Conditions approving the Project with appropriate conditions to protect the interests identified in M.G.L. c. 131 § 40 and Northampton Wetlands Protection Ordinance Chapter 337.