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Response Letter 121823.pdf 154 HUTTELSTON AVENUE, FAIRHAVEN, MA 02719 P 508.717.3479 WWW.FARLANDCORP.COM December 18, 2023 Sarah I. LaValley, AICP Assistant Director Northampton Office of Planning and Sustainability City Hall 210 Main Street, 2nd Floor Northampton, MA 01060 RE: Response Letter 182 Mount Tom Road Northampton, Massachusetts Dear Assistant Director, We have enclosed a response letter and revised Site Plans addressing the comments presented in a letter from MADEP, re: Notification of Wetlands Protection Act File Number dated October 10, 2023 and an e-mail dated Wednesday, October 25, 2023. We trust the attachments noted above and included herewith will provide the necessary documentation to address the comments. If you should have any questions, please feel free to contact us. Very Truly Yours, FARLAND CORPORATION, INC. Christian A. Farland Christian A. Farland , P.E., LEED AP Principal Engineer and President cc: File, Client 154 HUTTELSTON AVENUE, FAIRHAVEN, MA 02719 P 508.717.3479 WWW.FARLANDCORP.COM DEP Notification of Wetlands Protection Act File Number, Comments dated October 10, 2023 Comment #1: The work is subject to MESA review only, not 310 CMR 10.59. Agreed. NHESP has issued a determination that the project will not result in a prohibited take of state-listed rare species under the MESA regulations (NHESP file #23-8700). This is not subject to 310 CMR 10.59. No additional response is necessary. Comment #2: The NOI is unclear under which part of the Riverfront definition the MAHWL was determined. It appears that at least in some areas, the MAHWL will be determined per 310 CMR 10.58(2)(a)2.b. The Mean Annual High-Water line of the Mill River within 200 feet of the project area was delineated in the field by ECR (see Wetland Delineation Report included with the NOI). The mapping of the Mill River follows ECR’s delineation. Due to the steep and dangerous slope in some portions of the site preventing survey access, aerial imagery was used to support the location of the river. Comment #3: The commission should carefully review the performance standards for work in BLSF. The basin for the proposed compensatory storage does not comply as it does not provide an unrestricted connection to the water body. The wetland delineation report states that exact flood information is not available for this site, which is not correct. Both the FIRM and the FIS have a regulatory Base Flood Elevation for here. What vertical elevation datum are the plans based upon? Hampshire County FEMA mapping uses the NGVD29 datum and if the plans are based on NAVD88, there is a conversion factor that must be used. Regarding compliance with the BLSF standards, what about all the trailers and possible permanent structures that aerial photos show being brought onsite over time? Please provide a cut and fill table to the commission for each 1 foot incremental elevation. What will the elevation of the solar panels be when constructed, at or below or above the flood plain elevation. The proposed work within BLSF consisting of the proposed piles to support the solar canopy does not result in a significant loss of flood storage volume at the site. Nevertheless, compensatory storage is provided to account for the minimal amount total cubic feet proposed within the flood zone associated with the piles. The proposed piles to support the solar canopies does not cause an increase or will contribute 154 HUTTELSTON AVENUE, FAIRHAVEN, MA 02719 P 508.717.3479 WWW.FARLANDCORP.COM incrementally to an increase in the horizontal extent and level of flood waters during peak flows. We converted the datum to NGVD29 as requested and revised the compensatory storage as requested to comply with WPA. The only cuts and fills for the site are proposed to comply with the compensatory storage requirements. The solar canopies are all well above the flood elevation. Comment #4: Insufficient information has been submitted showing how the work complies with the Riverfront Redevelopment standards or the extent of RFA impacts proposed. Several areas on the property show significant encroachment and clearing of vegetation in the Riverfront area (and likely BLSF) since 2001, apparently without any permitting by the Northampton Conservation Commission. That square footage should be taken into account for calculating any required restoration and/or mitigation. For Riverfront and solar projects, WERO usually considers the total work area as that area within a fence line or that area below the panels. Removal of vehicles could be considered an improvement or mitigation, but not restoration. An improvement over existing conditions is always required, which is over and above any restoration and/or mitigation requirement. The proposed solar canopies over the existing auto salvage yard consists of a redevelopment activity. The proposed project area and beyond consist of a previously developed and degraded prior to the Riverfront Regulations. A review of past aerial imagery shows that this site appears to be in similar condition to 1962 (see historic aerials https://www.historicaerials.com/viewer). A previously developed Riverfront Area is defined as an area degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned dumping grounds. The project area of the site meets this criteria. Comment #5: One cannot create a stormwater management report without a competent soils professional determining actual soil type as NRCS data alone is not sufficient. However, without a point source discharge, the stormwater standards themselves do not apply. We can go out and perform soil tespits to classify the soil type, however it is irrelevant as pre-conditions will mimic post-conditions. Comment #6: To help ensure that conservation commissions have sufficient expertise available to address specific issues regarding an applicant's filing, M.G.L. c. 44, section 53g gives Commissions authority to charge a fee for the employment of outside consultants that allow for the use of the fee to ensure that they have the necessary information for them to make a decision pursuant to the Wetlands Protection Act, M.G.L. c. 131, sec. 40 and 310 CMR 10.00. 154 HUTTELSTON AVENUE, FAIRHAVEN, MA 02719 P 508.717.3479 WWW.FARLANDCORP.COM No response necessary. Email Questions from Sarah I. LaValley, AICP, dated October 25, 2023 Comment: The stormwater management report is based on assumption of soil type as DEP noted. Is fieldwork being conducted to confirm conditions and the suitability of the stormwater work proposed? Soil type is irrelevant as pre-developed conditions mimic post- developed conditions. Comment: The panels will concentrate runoff along each drip edge. How will this be dealt with so erosive channels do not form? There will be no erosion of the existing grades resulting from runoff from the solar panels since salvage automobiles will be in place below the proposed canopies. Comment: An improvement over existing conditions within the riverfront must be shown, how is this being proposed to be met? The Commission does not design restoration or mitigation. See Proposed Mitigation Plan, 182 Mount Tom Road, Northampton, Date: Dec. 14, 2023, prepared by Environmental Consulting & Restoration, LLC. This will demonstrate a significant improvement over existing conditions. Comment: Please provide a plan view that indicates the 100-year flood level on the panels. A section view indicating the 100-year flood zone level on the panels is shown on the detail sheet. Comment: The flood storage proposed is shown as a hole within another resource area. This does not meet the BLSF standard, as DEP noted, and appears to increase riverfront alteration and create a hazard. The flood zone storage is now shown meeting the BLSF standard. 154 HUTTELSTON AVENUE, FAIRHAVEN, MA 02719 P 508.717.3479 WWW.FARLANDCORP.COM Comment: Please confirm that no earthwork except direct boring for panel installation will take place. Earthwork that is proposed on this site is limited to direct boring for panel installation and proposed grading providing compensatory storage as required. If you have any questions or require any further information please contact this office at (508) 717-3479.