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I-91 Determination of Applicability Flower BedsImportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts _zpartment of Environmental Prot .rion 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 Property Owner (if different from applicant): Albert R. Stegemann, P.E. - District 2 Director Name Name MA Highway Department, District #2 Office - 811 North King Street Mailing Address Northampton MA 01060 City/Town State Zip Code City/Town 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: 1 -91 District #2 Wildflower Beds Sheets #1 -5 Title 1 -91 proposed Wildflower Bed Establishment Project #604491 Areas Title Title 2. Date Request Filed: 06/30/2005 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): Establishment of wildflower beds along the state highway Project Location: Northampton MM21.8- MM22.8, MM23.3- MM24.3, MM24.4- MM24.7, MM25.0- MM25.5 USGS Locus Map Assessors Map /Plat Number Northampton City/Town Parcel /Lot Number State Zip Code 06/30/2005 Date 06/30/2005 Date Date wpaform2.doc • rev. 3/1/05 Page 1 of 5 Massachusetts apartment of Environmental Prot..tion 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 • rev. 3/1/05 Page 2 of 5 Massachusetts — apartment of Environmental Prot 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: ❑ 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). No herbicides shall be used on these areas. ❑ 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. wpaform2.doc • rev. 3/1/05 Page 3 of 5 wpaform2.doc • rev. 3/1/05 rTh n Massachusetts, apartment of Environmental Protb,.tion 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. NOILT4lnAieT°' 1 0 fli 4.bs G4^.0re c1E Name C. Authorization This Determination is issued to the applicant and delivered as�follows: El by hand delivery on 21" by certified mail, return receipt requested on Date Dat :7/01 /900c Date Cn a 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 Attachment) and the property owner (if different from the applicant). Page 4 of 5 �1 Massachusett ,„partment of Environmental Proto„ Lion Bureau of Resource Protection - Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Attachment) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he /she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • rev. 3/1/05 Page 5 of 5 DEP Western Region 436 Dwight Street Suite 402 Springfield, MA 01103 Phone: 413- 784 -1100 Fax: 413- 784 -1149 DEP Central Region 627 Main Street Worcester, MA 01608 Phone: 508 - 792 -7650 Fax: 508-792-7621 TDD: 508 - 767 -2788 DEP Southeast Region 20 Riverside Drive Lakeville, MA 02347 Phone: 508-946-2700 Fax: 508 - 947 -6557 TDD: 508 - 946 -2795 DEP Northeast Region 1 Winter Street Boston, MA 02108 Phone: 617-654-6500 Fax: 617- 556 -1049 TDD: 617- 574 -6868 Massachusetts ._ .partment of Environmental Prote. —oon Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments, payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 Adams Agawam Alford Amherst Ashfield Becket Belchertown Bernardston Blandford Brimfield Buckland Charlemont Cheshire Chester Chesterfield Chicopee Clarksburg Acton Ashburnham Ashby Athol Auburn Ayer Barre Bellingham Berlin Blackstone Bolton Boxborough Boylston Brookfield Abington Acushnet Attleboro Avon Barnstable Berkley Bourne Brewster Bridgewater Brockton Carver Chatham Chilmark Amesbury Andover Arlington Ashland Bedford Belmont Beverly Billerica Boston Boxford Braintree Brookline Burlington Cambridge Canton Carlisle Colrain Hampden Conway Hancock Cummington Hatfield Dalton Hawley Deerfield Heath Easthampton Hinsdale East Longmeadow Holland Egremont Holyoke Erving Huntington Florida Lanesborough Gill Lee Goshen Lenox Granby Leverett Granville Leyden Great Barrington Longmeadow Greenfield Ludlow Hadley Middlefield Charlton Hopkinton Clinton Hubbardston Douglas Hudson Dudley Holliston Dunstable Lancaster East Brookfield Leicester Fitchburg Leominster Gardner Littleton Grafton Lunenburg Groton Marlborough Harvard Maynard Hardwick Medway Holden Mendon Hopedale Milford Dartmouth Freetown Dennis Gay Head Dighton Gosnold Duxbury Halifax Eastham Hanover East Bridgewater Hanson Easton Harwich Edgartown Kingston Fairhaven Lakeville Fall River Mansfield Falmouth Marion Foxborough Marshfield Franklin Mashpee Chelmsford Chelsea Cohasset Concord Danvers Dedham Dover Dracut Essex Everett Framingham Georgetown Gloucester Groveland Hamilton Haverhill Hingham Holbrook Hull Ipswich Lawrence Lexington Lincoln Lowell Lynn Lynnfield Malden Manchester -By- The -Sea Marblehead Medfield Medford Melrose Monroe Pittsfield Montague Plainfield Monterey Richmond Montgomery Rowe Monson Russell Mount Washington Sandisfield New Ashford Savoy New Marlborough Sheffield New Salem Shelburne North Adams Shutesbury Northampton Southampton Northfield South Hadley Orange Southwick Otis Springfield Palmer Stockbridge Pelham Sunderland Peru Tolland Millbury Millville New Braintree Northborough • Northbridge North Brookfield Oakham • Oxford Paxton Pepperell Petersham Phillipston Princeton Royalston Merrimac Methuen Middleton Millis Milton Nahant Natick Needham Newbury Newburyport Newton Norfolk North Andover North Reading Norwood Peabody Rutland Shirley Shrewsbury Southborough Southbridge Spencer Sterling Stow Sturbridge Sutton Templeton Townsend Tyngsborough Upton Mattapoisett Provincetown Middleborough Raynham Nantucket Rehoboth New Bedford Rochester North Attleborough Rockland Norton Sandwich Norwell Scituate Oak Bluffs Seekonk Orleans Sharon Pembroke Somerset Plainville Stoughton Plymouth Swansea Plympton Taunton Quincy Randolph Reading Revere Rockport Rowley Salem Salisbury Saugus Sherborn Somerville Stoneham Sudbury Swampscott Tewksbury Topsfield Tyringham Wales Ware Warwick Washington Wendell Westfield Westhampton West Springfield West Stockbridge Whately Wilbraham Williamsburg Williamstown Windsor Worthington Uxbridge Warren Webster Westborough West Boylston West Brookfield Westford Westminster Winchendon Worcester Tisbury Truro Wareham Wellfleet West Bridgewater Westport West Tisbury Whitman Wrentham Yarmouth Wakefield Walpole Waltham Watertown Wayland Wellesley Wenham West Newbury Weston Westwood Weymouth Wilmington Winchester Winthrop Woburn Wpaform2.doc • DEP Addresses • rev. 10/6/04 Page 1of 1 MAS �HIGHWAY- CERTIFIED MAIL RETURN RECEIPT REQUESTED Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: Mitt Romney Governor Kerry Healey Lt. Governor - June 30, 2005 Re: Request for Determination of Applicability 1-91 Wildflower Bed Establishment Enclosed is a Request for Determination of Applicability for wildflower bed establishment in the median of I -91 in the City of Northampton. The Massachusetts Highway Department (MassHighway) is an agency of State Government and as such is exempt from local Conservation Commission by -laws and fees. In order for MassHighway to provide advertising payment, the newspaper must directly bill the Massachusetts Highway Department, at the address shown below. Once a public hearing has been scheduled, or if you have any questions regarding this request, please contact Timothy Meyer, District Environmental Engineer, at (413) 582 -0543. TM/ C Encl. RIM (w /encl.0 TPM PKS (w /encl.) G. Batchelor (w /encl.) J. Gendall (w /encl.) DEP -WERO (w /encl.) Sincerely, age,./ John Coglia_no Secretary ' °-:� Albert R. Stegemann, P.E. District Highway Director 1.1 U1 ?005 4, 14 Or, District 2 811 North - King - Street— Northampton, —MA -01060 • (413)- 582 -0599 Thomas J. Waruzila ;Acting Commissioner - Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts L epartment of Environmental Protection Bureau of Resource Protection - Wetlands WPA Fora, 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Applicant: Albert R. Stegemann, P.E. — District 2 Highway Director N/a Name E -Mail Address Massachusetts Highway Department, District #2 Office, 811 North King Street Mailing Address Northampton City/Town (413) 582 -0599 Phone Number 2. Representative (if any): Massachusetts Highway Department, District #2 Office Firm Timothy Meyer, District Environmental Engineer Contact Name 811 North King Street Mailing Address Northampton City/Town (413) 582 -0543 Phone Number B. Determinations 1. I request the Northampton make the following. determination(s). Check any that apply: Conservation Commission ❑ 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: Name of Municipality MA State (413) 582 -0596 Fax Number (if applicable) N/a E -Mail Address MA State (413) 582 -0596 Fax Number (if applicable) Northampton City/Town 01060 Zip Code 01060 Zip Code ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc • rev. 07/14/04. Page 1 of 4 MassachusettsLepartment of Environmental Protection Bureau of Resource Protection - Wetlands . Northampton ity own WPA 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): 1 -91 Median — 4 locations Northampton Street Address N/a Assessors Map /Plat Number b. Area Description (use additional paper, if necessary): City/Town N/a Parcel /Lot Number Interstate 91 median, Northampton, 4 Locations: 1. MM 21.8 (just north of Island Rd) to MM 22.8 (just south of Route 5) 2. MM 23.3 (just north of Hockanum Rd) to MM 24.3 (just south of Old Ferry Rd) 3. MM 24.4 (just north of Old Ferry Rd) to MM 24.7 (Exit 19) 4. MM 25.0 (just north of RR) to MM 25.5 (just south of Damon Rd) c. Plan and /or Map Reference(s); U.S.G.S. Locus Map, City of Northampton, Interstate 91 Median, Proposed June 30, 2005 Wildflower Bed Establishment, Project #604491 (2 sheets) Date District 2- Northampton 1 -91 (5 sheets) Undated Title Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Please see Attachment A for Scope of Work. wpaforml.doc • rev. 07/14/04. Page 2 of 4 Massachusetts of Environmental Protection Bureau of Resource Protection - Wetlands _ Northampton City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and /or attach appropriate documents, if necessary.) wpaforml.doc • rev. 07/14/04. Page 3 of 4 ( Massachusetts Vepartment of Environmental Protection Bureau of Resource Protection - Wetlands Northampton City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Attachment) were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Commonwealth of Massachusetts, Massachusetts Highway Department, c/o District #2 Office Name 811 North King Street Mailing Address Northampton City/Town MA 01060 State Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant- ALBERT R. STEGEMANN, P.E — District #2 Highway Director Date 0 Signature of lbresentative "TIMOTHY MEYER, District 2 Environmental Engineer Date Zip Code o / 6/30/03 wpaforml.doc • rev. 07/14/04. Page 4 of 4 MASS HIGHWAY DISTRICT 2. DJK 6- 30 -05, COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON INTERSTATE 91 MEDIAN, PROPOSED WILDFLOWER BED ESTABLISHMENT PROJECT# 604491 AREAS 1 AND 2. Begin Project Mile Marker 25.0 MASS HIGHWAY DISTRICT 2 DJK 6 -30 -05 COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON 9.1 MEDIAN PROPOSED WILDFLOWER BED ESTABLISHMENT PROJECT# 604491 AREAS 3AND 4 1 MASS HIGHWAY Scope of Work Attachment A MassHighway is initiating a pilot program in order to establish wildflower beds along state highways. The median of Interstate 91 has been identified as the initial test highway for the program. Our highways provide access to the splendors of nature as well as offer opportunities for natural beauty within their rights -of -way. Wildflowers and other native plants provide visual character that enhances the natural scenic beauty of our nation's landscape. Wildflowers are being grown and protected on highway roadsides under other program initiatives instituted by States. Sixteen locations of beds have been proposed in six municipalities between Holyoke and Bernardston. In order to gain the most knowledge and insight from this pilot program, each of these locations will vary by time of planting and seed variety. Existing vegetation will be eradicated with herbicides. All herbicide use will be restricted to those chemicals . approved under MassHighway's Yearly Operational Plan/Vegetation Management Plan, and in accordance with the Rights -of -Way Management Regulations (333 CMR 11.00). Establishing wildflower beds is consistent with numerous state and federal initiatives, including MassHighway's Landscape Restoration Policy and the FHWA Roadside Use. of Native Plants Program. In addition to the visual beauty wildflowers will offer to roadway travelers, this pilot program will aid in determining whether cost savings are realized due to reduced mowing. Project #604491 (3 o'F CALL /3 nN Sheet l • of DISTRICT 2 ! NORTHAMPTON CITY LINE ISLAND ROAD CITY LINE • • 1 7'L4R 3 fl _: VERTICAL SCALE "= 0.1 Mile NORTHAMPTON EASTHAMPTON I -91 FOOD -Ft 18 5-Z. I BKI Fi „,HAm I S DY 0222 CALL Sox 0 2,8 • MILE MARKER 22.2 22.1 22.0 21.9 21.8 21.7 21.6. 21.5 21.4 21.3 DTSTRICT 2 NORTHAMPTON I -91 r Al" Sheet of 5 HOCKANUM 9 VERTICAL SCALE: 1" = 0.1 Mile ROAD 1 .: D . 23 .,(71 MM.ou BR. R OUTEs EXIT 18 23.2 23. 1 23.0 22.9 22.8 22.6 22.5 22.4 22.3 ( 0A � Box 222—MILE MARKER • 22.2 0 233 DISTRICT 2 Sheet 3 of 5 -4 NORTHAMPTON Pa c tt 9 F- VERTICAL SCALE: " = 0.1 Mile I -91 EXIT vi HAbL NE,( At6t4l � CAL. oX� B 0 K� 24.2 24.1 24.0 23.9. 23.8 oa3? 23.7 23.6 23.5 23.4 23.3 MILE MARKER 23.2 [. RTE. 9 - BRIDGE STREET f /BOX DISTRICT 2 ABANDONED R.R. Sheet of 5 OLD FERRY ROAD N NORTHAMPTON I -91 r 3 CO VERTICAL SCALE: 1" = 0.1 Mile !- I—I -•- .o EXIT 19 25.2 25.1 25.0 24.9 COOLIDGE BRIDGE — 8 o :t 024/3 24.8 24.7 24.6 24.5 24.4 24.3 MILE MARKER 24.2 DISTRICT 2 NORTHAMPTON 26.2 r /LL BOX. oe57 0253 26.1 26.0 25:9 25.8 25.7 25.6 25.5 25.4 p o-x 25.3 MILE MARKER 25.2 VERTICAL SCALE: 1" = 0.1 Mile 1 -91