Loading...
Earle Street and Grove Street improvement plan and wetlands permitImportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab i Massachusetts Department of Environ al rotection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information From: Northampton Conservation Commission To: Applicant City of Northampton Department of Public Works Name 125 Locust Street Mailing Address Northampton MA 01060 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: South Campus Infrastructure Improvements Sheet #1 -3 10/27/2008. Title Date Title Date Title 2. Date Request Filed: 10/27/2008 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Project Location: Grove Street Street Address N/A Assessors Map /Plat Number Property Owner (if different from applicant): Name Mailing Address Northampton City/Town N/A Parcel /Lot Number Date Milling and repaving an existing roadway and construction of a new sidewalk along the south side of the street. wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is /are applicable to the proposed site and /or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • Determination of Applicability • rev. 10 /6/04 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: wpaform2.doc • Determination of Applicability • rev. 10/6/04 ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post- marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See "Attachment A" ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory /regulatory provisions) ❑ 6. The area and /or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. .:► r ►i 1 ame C. Authorization This Determination is issued to the applicant and delivered as follows: I.i by hand delivery on acei8e2 e 3 aoo9 Date Signatures: Nov- 13r 2.00 Date wpaform2.doc • Determination of Applicability • rev. 10 /6/04 ❑ by certified mail, return receipt requested on Date CI hliq '2 331 of fit- ODE d azD! S Ordinance or Bylaw Citation This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http: / /www.mass.gov /dep /about /region.findyour.htm) and the property owner (if different from the applicant). Page 4 of 5 "ATTACHMENT A" 1. Prior to the initiation of any work, the applicant /owner shall submit a letter of understanding to the Conunission stating that he /she has received, read, understands and shall comply with these conditions. The applicant, and, his or her contractor, foreman and /or construction manager shall sign the letter of understanding. 2. Prior to the initiation of any work, the applicant shall submit to the Coininission a sequencing plan for construction, and erosion and sedimentation control installation. 3. Prior to the start of any site work, excavation or construction, a pre-construction conference shall be held on the site, between the contractor conducting the work, the site /project engineer, the applicant, and a member or agent of the Conservation Commission, in order to ensure that the requirements of this Order are understood by all parties. Prior to the pre - construction meeting, all erosion control devices must be installed. 4. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of any project. 5. A copy of these conditions and associated plans shall remain on site dtuing all construction and /or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 6. All revised plans shall be approved by the Conservation Commission and incorporated into the permit by reference and shall be followed during the course of construction. 7. The areas of construction shall remain in a stable condition at the close of each construction day. Erosion control measures shall be inspected at this time, and maintained or reinforced as necessary. All such devices shall be inspected, cleaned or replaced during construction and shall remain in place until such time as stabilization of all areas that may impact resource areas is permanent. These devices shall also be inspected to assure that the maximum control has been provided. Any entrapped silt shall be removed to an area outside the buffer zone and resource areas, and maintained or reinforced as necessary. Erosion controls shall be inspected after every rainfall to assure that maximum control has been provided. 8. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, riprap, filter berms or other devices planned for use during construction. 9. Soils exposed for periods greater than two months shall be stabilized with erosion control blankets and netting, a covering of straw mulch, or a temporary cover of rye or other grass to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with a native perennial grass mixture. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. Preference should be given to biodegradable materials. 10. All disturbed areas shall be graded, loained and seeded, or stabilized with erosion control blankets or netting, and a covering of straw mulch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left uulprotected or without erosion control after this date. 11. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are specifically approved by the Conunission, in accordance with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 337. • 12. Upon completion of the work covered by this Order, the applicant shall submit an as -built plan, signed and stamped by a registered professional engineer or land surveyor. The plan shall specify any ways that the completed project differs from the plans referenced in the Determination. The as -built plan shall include, at a minimum, and as applicable to the project: elevations of all pipe inverts and outlets, pipe sizes, materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all structures, pavement, and contours within 100 feet of wetland boundaries; all alterations within the wetland resource areas; and all dates of fieldwork. f P N 592 -17 -01 October 20, 2008 Office of Planning and Development Northampton Conservation Commission 210 Main Street Northampton, MA 01060 Re: Request for Determination of Applicability South Campus Infrastructure Improvements Grove Street Northampton, Massachusetts Dear Members of the Commission: On behalf of the City of Northampton Department of Public Works (the City), we are submitting nine (9) copies of this Request for Determination of Applicability (RDA) for proposed improvements to Grove Street as part of the South Campus Infrastructure Improvements in Northampton, Massachusetts. The proposed improvements will occur within the limits of the existing roadway right -of -way (ROW) along Grove Street between Chapel Street and Laurel Street. The improvements include milling and re- paving the existing roadway, and construction of a new five foot wide sidewalk along the south side of the street. A portion of the proposed work will occur within the 50 -foot (local) and 100 -foot Buffer Zones of an intermittent stream, a wetland replication area and two isolated vegetated wetlands / wet meadows. Copies of WPA Form 1 and the City of Northampton Wetlands Application are provided in Appendix A. A USGS Site Locus (Figure 1) is provided in Appendix B for your review and reference. Tighe & Bond and the City are seeking a Negative Determination from the Commission confirming that the proposed work is in the Buffer Zone of jurisdictional resource areas, but that it will not alter an Area Subject to Protection under the Massachusetts Wetland Protection Act (M.G.L. c. 131, §40) and its implementing regulations (310 CMR 10.00), or the City of Northampton Wetlands Ordinance. Site Description & Wetland Resource Areas Tighe & Bond conducted site visits on September 17 and October 10, 2008 and made observations regarding potential wetland resource areas in close proximity to the limits of the proposed project. Wetland flag locations were located in the field with a survey grade Global Positioning System (GPS) unit. An intermittent stream originates north of Grove Street, and flows under Grove Street to the south via a concrete culvert. A wetland replication area (DEP File # 246 -496) is located on the north side of Grove Street. Two - isolated vegetated wetlands/ wet meadows (jurisdictional per the Northampton Wetlands Ordinance) are located on the north and south sides of Grove Street, east of its intersection with Laurel Street. Approximately 860 linear feet of the proposed work will occur within the 100 -foot Buffer Zones of jurisdictional resource areas. Of the 860 linear feet, 440 linear feet of work will occur within the 100 -foot Buffer Zone of an intermittent stream and a wetland replication area. 420 linear feet of the proposed work will occur within the 100 -foot Buffer Zone of two isolated vegetated wetlands/ wet meadows. Approximately 480 linear 53 Southampton Road • Westfield, MA 01085 • Tel 413.562.1600 • Fax 413.562.5317 feet of the proposed work will occur within the 50 -foot Buffer Zone of jurisdictional resource areas. Of the 480 linear feet, 240 linear feet of the proposed work will occur_ within the foot Buffer Zone of an intermittent stream and a wetland replication area. 240 linear feet of the proposed work will occur within the 50 -foot Buffer Zone of two isolated vegetated wetlands/ wet meadows. Photographs are provided in Appendix C. Wetland resource areas and Buffer Zones are depicted on the plans provided in Appendix E. A /AA Series Flagging - Intermittent Stream Hags A -1 to A -8 demarcate the top of Bank (east side) of the intermittent stream. Flags AA -1 to AA -5 demarcate the top of Bank (west side) of the intermittent stream. This intermittent stream continues along the south side of and parallel to Grove Street. For the most part, the Bank of the stream is greater than 100 feet from the proposed work. The stream is depicted as intermittent on the most recent USGS topographic map. According to the USGS StreamStats (Massachusetts) program, the stream has a contributing watershed size of 0.089 square miles. Therefore, per 310 CMR 10.58(2)(a)(1)(c)(i), the stream is intermittent. Copies of the Streamflow Statistics Report and watershed delineation map are provided in Appendix D. B Series Flagging - Wetland Replication Area , Flags B -1 to B -6 demarcate the limits of a wetland replication area. According to Bruce Young, Northampton Land Use and Conservation Planner, this area was created as a result of houses constructed along Grove Street within the past two years. This work was conducted under MA DEP File #246 -496. C Series Flagging - Isolated Vegetated Wetland/ Wet Meadow Flags C -1 to C -11 demarcate the limits of an isolated vegetated wetland/ wet meadow within 100 feet of the proposed work. The hydrology of this area appears to be driven by surficial runoff toward the southeast and a high groundwater table. Dominant vegetation consists of reed canary grass (Phalaris arundinacea; FACW +). Soils in this location consisted of dark grayish brown silty loam to fine sandy loam, with mottles within six inches of the surface. D Series Flagging - Isolated Vegetated Wetland/ Wet Meadow Flags D -1 to D -11 demarcate the limits of an isolated vegetated wetland/ wet meadow within 100 feet of the proposed work. The hydrology of this area appears to be driven by surficial runoff from the north side of Grove Street (and C- series wetland) as well as surficial runoff from a railroad bed, which runs east -west along the southernmost extent of this area. Dominant vegetation consists of reed canary grass (arundinacea), silky dogwood (Corpus amomum; FACW) and sensitive fern (Onoclea sensibilis; FACW). Soils in this location consisted of dark grayish brown silty loam to fine sandy loam, with mottles within six inches of the surface. The project area is illustrated on FEMA Flood Insurance Rate Map (FIRM) Community Panel No. 2501670002A, which was reviewed during the preparation of this RDA. According to the FIRM, the project site is not within the 100 or 500 -year flood zones. -2 0 The Massachusetts Natural Heritage and Endangered Species Program (NHESP) Atlas, 13 edition, dated October 1, 2008, and MassGIS online mapping (data updated October 2008) were also consulted during the preparation of this RDA. According to these sources, a portion of the proposed project area is located within the limits of mapped Priority and /or Estimated Habitat. A MADEP Environmental Resource Areas Map is provided as Figure 2 in Appendix B for your reference. An orthophotograph is provided as Figure 3 in Appendix B for -your reference. Proposed Activities The scope of the project includes milling and re- paving the existing roadway, and construction of a new five foot -wide sidewalk along the south side of the street. Granite edging will be installed along both sides of the re -paved roadway. Approximately 180 linear feet of 15 -inch storm drain and 60 linear feet of 18 -inch storm drain will be constructed within the limits of Grove Street (east of the intersection with Laurel Street), and within the 100 -foot Buffer Zone. A manhole and two catch basins will also be installed as part of the storm drain improvements. Selective tree Iimbing will occur east of house number 236 (along the south side of Grove Street and within the 50 -foot Buffer Zone). Additionally, a fire hydrant located on the south side of Grove Street between house numbers 236 and 244 will be relocated. The area of proposed construction currently consists of maintained lawn and edge of roadway. Protective Measures Wetland resource areas at the site will be protected with erosion control barriers (Filtrexx compost Siltsoxx or approved equal). The filter sock will be staked approximately every ten feet. Catch basin inlets will be protected by silt fence armored with hay bales. Erosion control details are provided on Sheet 2 (Appendix E). We trust these materials are sufficient for the Commission to issue a Negative Determination (Negative 3), confirming that the proposed work will not compromise the statutory interests of the Massachusetts Wetlands Protection Act or the Northampton Wetlands Ordinance. We look forward to having the opportunity to discuss this project with the Commission at their next hearing. Should you have any questions or require any additional information, please contact Jessica Roberts at (413) 875 -1303 or me at (413) 572 -3264. Very truly yours, TIGHE & BOND, INC. Todd M. Brown, P.E. Vice President Enclosures Copy: Massachusetts Department of Environmental Protection (WERO) Wetlands Program Edward Huntley, P.E., Director of Public Works, Northampton J: \N \N0592 \Permitting \Grove Street \WETLANDS \RDA Cover Letter.doc - 3 - Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protectlon Northampton City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Bureau of Resource Protection - Wetlands A. 1. General Information Applicant: City of Northampton (Department of Public Works) Name 125 Locust Street Mailing Address Northampton City/Town (413) 587 - 1570 Phone Number 2. Representative (if any): Tighe & Bond, Inc. Firm Todd M. Brown Contact Name 53 Southampton Road Mailing Address Westfield City/Town (413) 572 - 3264 Phone Number B. Determinations 1. I request the Northampton Name of Municipality Conservation Commission E -Mail Address MA State (413) 587 -1576 Fax Number (if applicable) TMBrown @tighebond.com E - Mail Address MA State (413) 562 -5317 Fax Number (if applicable) 01060 Zip Code 01085 Zip Code make the following determination(s). Check any that apply: ® a. whether the area depicted on plan(s) and /or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced below are accurately delineated. • c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. • d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Northampton ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaformi.doc Page 1 of 4 Massachusetts Department of Environmental Protei;..on Bureau of Resource Protection - Wetlands Northampton City/Tbwn 111 /PA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Grove Street (Roadway Right -of -Way) Northampton Street Address City/Town 37, 38A and 38C N/A Assessors Map /Plat Number Parcel /Lot Number b. Area Description (use additional paper, if necessary): Please refer to the RDA cover letter. c. Plan and /or Map Reference(s): South Campus Infrastructure Improvements - Grove Street (Sheets 1, 2 & 3) 10/15/08 Title Date Title Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Please refer to the RDA cover letter. wpaforml .doc Page 2 of 4