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I-91 Determination of ApplicabilityTraffic Management 2006Important: 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 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 A. General Information 1. Applicant: Albert R. Stegemann, P.E.- District #2 Highway Director Name 811 North King Street Mailing Address Northampton City/Town (413) 582 -0599 Phone Number 2. Representative (if any): Massachusetts Highway Department, District. #2 Firm Timothy Meyer, District Environmental Engineer Contact Name 811 North King Street Mailing Address Northampton City/Town (413) 582 -0543 Phone Number Name of Municipality N/A E -Mail Address MA State (413) 582 -0596 Fax Number (if applicable) N/A E -Mail Address MA State (413) 582 -0599 Fax Number (if applicable) 01060 Zip Code 01060 Zip Code 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: ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc Page 1 of 4 Massachusetts Department 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 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 1 -91 Northampton Street Address N/A Assessors Map /Plat Number City/Town N/A Parcel /Lot Number b. Area Description (use additional paper, if necessary): Interstate 91- The work area consists of 1 -91 of the State Highway Layout in the City of Northampton from the Easthampton /Northampton Town Line to the Northampton /Hatfield Town Line. The total project length in the City of Northampton is approximately 6.0 miles. c. Plan and /or Map Reference(s): U.S.G.S. Locus Map (Exhibit #1) 10 -02 -2006 Title Date Typical Section (Exhibit #2) Undated Title Date Plans (Sheets 1, 2, 3, 12, 13 and 14) (Exhibit #3) 10 -24 -2006 Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Please see Exhibit #4 and Exhibit #5 wpaforml.doc Page 2 of 4 Massachusetts Department 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). 310 CMR 10.58(6)(a) — Riverfront Area. Any... road... in existence prior to August 7, 1996. Maintenance of such structures or areas is allowed (including any activity which maintains a structure, roads (limited to repairs, resurfacing, repaving, but not enlargement), clearing, landscaping, etc. in it existing condition) without filling a Notice of Intent for work within the riverfront area, but not when such work is within other resource areas or their buffer zone... ". As part of normal highway maintenance and to facilitate the work, it is expected that clearing of vegetation will occur within the proposed work zone(s). Also, it is expected that the work, as proposed, will not remove, fill, dredge, or alter any resource areas. 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 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton City/Town_ WPA Form 1- Request for Determination of Applicability Massachusetts W etlands 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. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office 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: Name Mailing Address City/Town State Signatures: Zip Code Signature of Applicant AUw Date 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. ure of Representative (if Date ra,b5'bc. wpaforml.doc Page 4 of 4 ' hf11 p ;rcgnndtt ophatium McNdOws End ITS in Northampton tiwi�ll .�IxlanO. ':IytCACHAIIGC I? IG- No t Nom 91 71sti :0 0.45 0.9 1 �►F ti,': 1 1 . 14!SIT ''x. ,7, :'1' �1:. .... rim Gtr 1 MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION MASS HIGHWAY District 2 10 -02 -06 Project # 603903 Northampton, I -91 Intelligent Transportation System (ITS) IJ,S.GS. Locus Map Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab 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 A. General Information From: Northampton Conservation Commission To: Applicant Property Owner (if different from applicant): Albert R. Stegemann, P.E.- District #2 Highway Director Name 811 North King Street Mailing Address 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: The Commonwealth of Massachusetts Highway Department Intelligent October 24, 2006 Transportation System Project Interstate 91/291 Date Title Title 2. Date Request Filed: 12/15/2006 Project Description (if applicable): Project Location: Along 1 -91 Northampton Street Address City/Town N/A N/A Assessors Map /Plat Number Parcel/Lot Date Date 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. The design and deployment of an advanced traffic management system. The work consists of installing a fiber optic cable backbone along the entire length of 1 -91. The conduit installation will be a combination of underground trench and backfill, barrier wall attachments and bridge attachments. 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 ❑ Alternatives limited to the lot on which the project is located. 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, 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). Determination is based upon General Provisions outlined in Request for Determination letter dated January 9, 2007. Any work that will impact resource areas as defined in the Wetlands Protection Act will require the submission of a Notice of Intent ❑ 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 • Determination of Applicability • rev. 10/6/04 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. Name C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on (2- „IPA 2 Date Date 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. qov /dep /about/region.findvour.htm) and the property owner (if different from the applicant). Date t Ui Ordinance or Bylaw Citation wpaform2.doc • Determination of Applicability • rev. 1016104 Page 4 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___ 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 http: / /www. mass. gov /dep /about/region.findyour.htm) 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 • Determination of Applicability • rev. 10/6/04 Page 5 of 5 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 Protection Bureau of Resource Protection Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town Phone Number Fax Number (if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town Phone Number Fax Number (if applicable) 3. DEP File Number: B. Instructions State Zip Code State Zip Code 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability ($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http: / /www. mass. qov /dep /about/reqion /findvour.htm). 4. 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. wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2 Deval L. Pabick Timothy P. Murray Bemaro' Cohen Govemor Lt Governor Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Northampton Conservation Commission 210 Main Street Northampton, MA 01060 Dear Commission Members: January 9, 2007 Luisa Paiewonsky J ,�, �► ■!� Commissioner wi Re: Request for Determination Northampton: 1-91 Intelligent Transportation System Project # 603903 MassHighway is pleased to submit additional information regarding the subject Request for Determination of Applicability, previously submitted on December 18, 2006. As previously stated, this is a Design/Build (DB) project which will result in the design and deployment of an advanced traffic management system along Interstate -91. The work consists of installing a fiber optic cable backbone and Intelligent Transportation System devices along the entire length of I -91 (55 miles) from the Connecticut to the Vermont State Lines. In addition to the detail provided in the previously submitted WPA Form 1 — Request for Determination of Applicability, the work includes installing six, 1 inch underground conduits. Two of these conduits will be utilized for MassHighway purposes, and the other four will be available for economic development. The extent of the work, except for the installation of nodes and appurtenances, has been limited to the easterly grass /tree belt, within the area extending no more than ten feet from the edge of pavement. Due to the flexibility in placing nodes and other appurtenance, these installations will be outside any jurisdictional areas except for possible Riverfront Areas. However, in Riverfront areas the installations will be in areas previously altered as a result of the construction and maintenance of I -91. Due to the nature of D/B contracting, and to reassure the Commission that no work will occur in any area(s) subject to protection under M.G.L. c. 131, § 40 under this RDA, the District has provided the following language in the Request for Proposal which will become part of the negotiated contract between MassHighway and the D/B Entity: General Provisions • The DB Entity shall be responsible for retaining the services of a Wetland Scientist or other individual with similar qualifications, with two years experience and thoroughly versed in the Commonwealth of Massachusetts' Wetland Protection Act (M.G.L. Chapter District 2 • 811 North King Street, Northampton, MA 01060 • (413)- 582 -0599 MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION • 131 Section 40), its regulations (310 CMR 10.00), and all other state and federal regulations. Said individual shall be subject to the approval of the Engineer, and shall identify, and as necessary delineate, any environmental resource areas that may be located within the vicinity of the work. Prior to the start of any work, the Wetland Scientist and or other qualified individual shall be responsible for ensuring that the work will not impact any environmental resource areas, and that the work may proceed in accordance with any and all existing environmental permits. If the Wetland Scientist or other individual determines that the work will impact wetland resource areas, a Notice of Intent, Water Quality Certification and /or Army Corps of Engineers submission will be required as stipulated in the Contract. • The DB Entity shall be responsible for any and all costs, including any liability, penalties, expenses, damages or delays resulting from any suspension, termination, interruption for failure to obtain any Environmental Approval(s) not already provided or obtained by the Department. • If the DB Entity erection, demolition, storage, or other procedures not originally allowed by existing environmental permits require work to occur in or otherwise impact water or wetland resource areas, the DB Entity is advised that no associated work can occur until all required environmental permits have been . either amended or obtained allowing such work. The DB Entity shall be 'responsible for preparing all documentation necessary for amending Environmental Approvals. As necessary, the Department shall be provided a reasonable opportunity to review completed applications for Environmental Approvals prior to their submission. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for.reviews, resubmittals or rejections of incomplete packages. The DB Entity is responsible at all times for complying with: (a) all conditions and schedules in any Environmental Approvals, whether obtained by the Department or the DB Entity, and (b) all applicable Environmental Laws. Failure to comply with conditions or schedules in Environmental Approvals will be grounds for termination hereof. The DB Entity shall be responsible for any and all costs, liability, penalties, expenses, damages, including economic, property, natural resource and personal injury, or delays resulting from any non - compliance with Environmental Approvals. • The project has been cleared by MHD for NEPA requirements. An automatic C.E. Checklist was signed by the Deputy Environmental Chief (or his/her designee) at MHD on 8/10/06, thereby satisfying NEPA. Requests for Determination of Applicability/Negative Determinations of Applicability Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it has been determined that this project is subject to the Massachusetts General Laws, Chapter 131, Section 40 as amended, and at a minimum, requires the submission of Requests for Determination of Applicability (RDAs) to the Conservation Commission of each municipality. The Department will file all RDAs. The RDAs and DOAs are to be considered part of this contract and a copy of said documents and all plans /attachments shall be on -site while activities regulated by the DOAs are being performed. The DB Entity is hereby notified that he /she will be responsible and held accountable for performing any /all work necessary to satisfy and comply with the DOAs and RDAs. The DB Entity is advised that no additional compensation will be allowed for work required to establish, achieve, and maintain compliance with the DOAs and RDAs, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland flagging; wetland replication monitoring reports, etc. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. Notices of Intent /Orders of Conditions Based on the conceptual documentation and indications to keep the installation within 1,0 feet of the pavement edge, it has been determined that this project is subject to the Massachusetts General Laws, Chapter 131, Section 40 as amended, and may require the submission of a Notice of Intent. If the project receives a Positive Determination of Applicability, or if the DB Entity anticipates work will occur in or otherwise impact water or wetland resource areas, or is expected to perform any work or procedures not originally allowed by any issued Negative Determinations, the DB Entity is advised that no associated work can occur until all required environmental permits have been obtained allowing such work. As necessary, the DB Entity shall be responsible for preparing all documentation necessary for submission of a Notice(s) of Intent (NOIs) to the appropriate Conservation Commission. The DB Entity will be designated as the applicant/representative for any necessary NOIs. The Department (MassHighway) will be listed as the Property Owner on all applications. The NOI submissions may involve, but not be limited to, the following: preparation of necessary applications; description of the proposed work; description of any wetlands within the vicinity of the proposed work; description of impacts to resource areas; description of resource impact mitigation; plan(s) of the proposed work; necessary maps (GIS, locus, environmental features maps, etc.); wetland delineations (including documentation), etc. The DB Entity will also be responsible for presenting the NOIs at public hearings and providing any other necessary documentation to the Conservation Commission(s). The NOIs and OOCs are to be considered part of this contract and a copy of said documents and all plans /attachments shall be on -site while activities regulated by the OOCs are being performed. The DB Entity is hereby notified that he /she will be responsible and held accountable for performing any /all work necessary to obtain, satisfy and comply with the entire OOCs and NOIs. The DB Entity is advised that no additional compensation will be allowed for work required to prepare the NOIs and obtain the OOCs or to establish, achieve, and maintain compliance with the NOIs and OOCs, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services. of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland flagging; wetland replication monitoring reports, etc. MassHighway shall be copied on all final permit applications and permits received from the Conservation Commission(s). MassHighway shall be notified of all WPA related hearings and site visits with the Conservation Commission(s). The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. Massachusetts Division of Fisheries & Wildlife/Natural Heritage & Endangered Species Program/Massachusetts Endangered Species Act Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it is anticipated that the project will qualify for exemptions provided under the Massachusetts Division of Fisheries & Wildlife (DFW), the Natural Heritage & Endangered Species Act (NHESP), the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A and implementing regulations 321 CMR 10.00). However, once the DB Entity establishes the limit and extent of work, the DB Entity shall determine if this project is then subject to review by the DFW/NHESP/MESA. If the work is determined to be located within a state - listed species habitat and does not qualify for any DFW/NHESP /MESA exemption(s), the DB Entity shall be responsible for preparing all necessary documents for a MESA Project Review. These documents shall be submitted to the MassHighway Environmental Section located at 10 Park Plaza, Boston, MA. MassHighway will review and file, as the Applicant, the necessary documents with the DFW/NHESP /MESA. The recommendations of the DFW/NHESP/MESA will be considered part of this contract. The DB Entity's attention is directed to the fact that special conditions and other requirements may be associated with the DFW/NHESP /MESA recommendations. It is the DB Entity's responsibility to be aware of and comply with these conditions and requirements and plan his/her work and schedule accordingly. The DB Entity is hereby notified that s /he will be responsible and held accountable for performing any /all work necessary to satisfy and comply with the DFW/NHESP/MESA recommendations. The DB Entity is advised-that additional compensation will be allowed for work required to prepare and receive the recommendations of the DFW/NHESP /MESA or to establish, achieve, and maintain compliance with the recommendations of the DFW/NHESP /MESA, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of as -built plans; wetland flagging; wetland replication monitoring reports, etc. MassHighway shall be copied on all final submissions to the DFW/NHESP /MESA and permits or recommendations received from the DFW/NHESP/MESA. MassHighway shall be notified of all DFW/NHESP/MESA- related hearings and site visits. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. If the final language in the Request for Proposal differs substantially than that proposed, or if the D/B contractor finds it necessary to perform work outside the 10 foot work boundary, or if there are any resource areas that cannot be avoided, the D/B Contractor will be responsible for filing a Notice of Intent with the Conservation Commission. If you have any questions regarding this information, please contact Timothy Meyer, District Environmental Engineer; at (413) 582 -0543. TPM/ C - TPM MAM DEP- WERO Sincerely, aeddi Albert R. Stegemann, P.E. District Highway Director 11 Deval L. Pa6ick Timothy P. Murray Bernard Cohen HIGHWAY Governo __ _ !t. Governor Seery CERTIFIED MAIL RETURN RECEIPT REQUESTED Northampton Conservation Commission 210 Main Street Northampton, MA 01060 Dear Commission Members: January 9, 2007 Luisa Paiewonsky C1 111 10 I Commissioner Re: Request for Determination Northampton: 1-91 Intelligent Transportation System Project # 603903 MassHighway is pleased to submit additional information regarding the subject Request for Determination of Applicability, previously submitted on December 18, 2006. As previously stated, this is a Design/Build (D/B) project which will result in the design and deployment of an advanced traffic management system along Interstate -91. The work consists of installing a fiber optic cable backbone and Intelligent Transportation System devices along the entire length of I -91 (55 miles) from the Connecticut to the Vermont State Lines. In addition to the detail provided in the previously submitted WPA Form 1 - Request for Determination of Applicability, the work includes installing six, 1 /2 inch underground conduits. Two of these conduits will be utilized for MassHighway purposes, and the other four will be available for economic development. The extent of the work, except for the installation of nodes and appurtenances, has been limited to the easterly grass /tree belt, within the area extending no more than ten feet from the edge of pavement. Due to the flexibility in placing nodes and other appurtenance, these installations will be outside any jurisdictional areas except for possible Riverfront Areas. However, in Riverfront areas the installations will be in areas previously altered as a result of the construction and maintenance of I -91. Due to the nature of D/B contracting, and to reassure the Commission that no work will occur in any area(s) subject to protection under M.G.L. c. 131, § 40 under this RDA, the District has provided the following language in the Request for Proposal which will become part of the negotiated contract between MassHighway and the D/B Entity: General Provisions • The DB Entity shall be responsible for retaining the services of a Wetland Scientist or other individual with similar qualifications, with two years experience . and thoroughly versed. in the Commonwealth of Massachusetts' Wetland Protection Act (M.G.L. Chapter District 2 811 North King Street, Northampton, MA 01060 • (413)- 582 -0599 MASSACHUSETTS . EXECUTIVE OFFICE OF TRANSPORTATION 131 Section40), its regulations (310 CMR 1000), and all other state and federal regulations. Said individual shall be subject to the approval of the Engineer, and shall identify, and as necessary delineate, any environmental resource areas that may be located within the vicinity of the work. Prior to the start of any work, the Wetland Scientist and or other qualified individual shall be responsible for ensuring that the work will not impact any environmental resource areas, and that the work may proceed in accordance with any and all existing environmental permits. If the Wetland Scientist or other individual determines that the work will impact wetland resource areas, a Notice of Intent, Water Quality Certification and /or Army Corps of Engineers submission will be required as stipulated in the Contract. • The DB Entity shall be responsible for any and all costs, including any liability, penalties, expenses, damages or delays resulting from any suspension, termination, interruption for failure to obtain any Environmental Approval(s) not already provided or obtained by the Department. • If the DB Entity erection, demolition, storage, or other procedures not originally allowed by existing environmental permits require work to occur in or otherwise impact water or wetland resource areas, the DB Entity is advised that no associated work can occur until all required environmental permits have been either amended or obtained allowing such work. The DB Entity shall be responsible for preparing all documentation necessary for amending Environmental Approvals. As necessary, the Department shall be provided a reasonable opportunity to review completed applications for Environmental Approvals prior to their submission. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. •• The DB Entity is responsible at all times for complying with: (a) all conditions and schedules in any Environmental Approvals, whether obtained by the. Department or the DB Entity, and (b) all applicable Environmental Laws. Failure to comply with conditions or schedules in Environmental Approvals will be grounds for termination hereof. The DB Entity shall be responsible for any and all costs, liability, penalties, expenses, damages, including economic, property, natural resource and personal injury, or delays resulting from any non - compliance with Environmental Approvals. • The project has been cleared by MHD for NEPA requirements. An automatic C.E. Checklist was signed by the Deputy Environmental Chief (or his/her designee) at MHD on 8/10/06, thereby satisfying NEPA. Requests for Determination of Applicability/Negative Determinations of Applicability Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it has been determined that this project is subject to the Massachusetts - General- L -aws— Chapter 13 - 1 — Section 40 amended, and - at a minimum, requires the submission - of Requests for Determination of Applicability (RDAs) to the Conservation Commission of each municipality. The Department will file all RDAs. The RDAs and DOAs are to be considered part of this contract and a copy of said documents and all plans /attachments shall be on -site while activities regulated by the DOAs are being performed. The DB Entity is hereby notified that he /she will be responsible and held accountable for performing any /all work necessary to satisfy and comply with the DOAs and RDAs. The DB Entity is advised that no additional compensation will be allowed for work required to establish, achieve, and maintain compliance with the DOAs and RDAs, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland flagging; wetland replication monitoring reports, etc. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. Notices of Intent /Orders of Conditions Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it has been determined that this project is subject to the Massachusetts General Laws, Chapter 131, Section 40 as amended, and may require the submission of a Notice of Intent. If the project receives a Positive Determination of Applicability, or if the DB Entity anticipates work will occur in or otherwise impact water or wetland resource areas, or is expected to perform any work or procedures not originally allowed by any issued Negative Determinations, the DB Entity is advised that no associated work can occur until all required environmental permits have been obtained allowing such work. As necessary, the DB Entity shall be responsible for preparing all documentation necessary for submission of a Notice(s) of Intent (NOIs) to the appropriate Conservation Commission. The DB Entity will be designated as the applicant/representative for any necessary NOIs. The Department (MassHighway) will be listed as the Property Owner on all applications. The NOI submissions may involve, but not be limited to, the following: preparation of necessary applications; description of the proposed work; description of any wetlands within the vicinity of the proposed work; description of impacts to resource areas; description of resource impact mitigation; plan(s) of the proposed work; necessary maps (GIS, locus, environmental features maps, etc.); wetland delineations (including documentation), etc. The DB Entity will also be responsible for presenting the NOIs at public hearings and providing any other necessary documentation to the Conservation Commission(s). The NOIs and OOCs are to be considered part of this contract and a copy of said documents and all plans /attachments shall be on -site while activities regulated by the OOCs are being performed. The DB Entity is hereby notified that he /she will be responsible and held accountable for performing any /all work necessary to obtain, satisfy and comply with the entire OOCs and NOIs. The DB Entity is advised that no additional compensation will be allowed for work required to prepare the NOIs and obtain the OOCs or to establish, achieve, and maintain compliance with the NOIs and OOCs, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland flagging; wetland replication monitoring reports, etc. MassHighway shall be copied on all final permit applications and permits received from the Conservation Commission(s). MassHighway shall be notified of all WPA related hearings and site visits with the Conservation Commission(s). The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. Massachusetts Division of Fisheries & Wildlife/Natural Heritage & Endangered Species Program/Massachusetts Endangered Species Act Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it is anticipated that the project will qualify for exemptions provided under the Massachusetts Division of Fisheries & Wildlife (DFW), the Natural Heritage & Endangered Species Act (NHESP), the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A and implementing regulations 321 CMR 10.00). However, once the DB Entity establishes the limit and extent of work, the DB Entity shall determine if this project is then subject to review by the DFW/NHESP/MESA. If the work is determined to be located within a state - listed species habitat and does not qualify for any DFW/NHESP /MESA exemption(s), the DB Entity shall be responsible for preparing all necessary documents for a MESA Project Review. These documents shall be submitted . to the MassHighway Environmental Section located at 10 Park Plaza, Boston, MA. MassHighway will review and file, as. the Applicant, the necessary documents with the DFW/NHESP/MESA. The recommendations of the DFW/NHESP /MESA will be considered part of this contract. The DB. Entity's attention is directed to the fact that special conditions and other requirements may be associated with the DFW/NHESP/MESA recommendations. It is the DB Entity's responsibility to be aware of and comply with these conditions and requirements and plan his/her work and schedule accordingly. The DB Entity is hereby notified that s/he will be responsible and held accountable for performing any /all work necessary to satisfy and comply with the DFW/NHESP/MESA recommendations. The DB Entity is advised that -no additional-compensation-will-be-allowed for - work- required to prepare and receive the recommendations of the DFW/NHESP /MESA or to establish, - achieve, and maintain compliance with the recommendations of the DFW/NHESP /MESA, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of as -built plans; wetland flagging; wetland replication monitoring reports, etc. MassHighway shall be copied on all final submissions to the DFW/NHESP /MESA and permits or recommendations received from the DFW/NHESP /MESA. MassHighway shall be notified of all DFW/NHESP/MESA- related hearings and site visits. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. If the final language in the Request for Proposal differs substantially than that proposed, or if the D/B contractor _finds it necessary to perform work outside the 10 foot work boundary, or if there are any resource areas that cannot be avoided, the D/B Contractor will be responsible for filing a Notice of Intent with the Conservation Commission. If you have any questions regarding this information, please contact Timothy Meyer, District Environmental Engineer, at (413) 582 -0543. TPM / C - TPM MAM DEP- WERO Sincerely, aacei Albert R. Stegemann, P.E. District Highway Director Description of Proposed Work The work location consists of the Interstate 91 Layout corridor extending approximately 55 miles northerly from the Massachusetts /Connecticut State Line to the Massachusetts/Vermont border. The corridor passes through twelve communities- Longmeadow, Springfield, Chicopee, West Springfield, Holyoke, Easthampton, Northampton, Hatfield, Whately, Deerfield, Greenfield and Bernardston. Additional areas include the I -291 loop off I -91 to Roosevelt Avenue in Springfield. The total project length is estimated to be 59 miles This project will result in the design and deployment of an advanced traffic management system. The work consists of installing a fiber optic cable backbone along the entire length of I -91 and portions of the I -291 traffic corridors. Conduit installation will be a combination of underground trench and backfill, barrier wall attachments and bridge attachments. The project infrastructure will include conduit to connect roadside ITS equipment, junction boxes, pull boxes, stub -outs, conduit hangers, pull strings, end -caps, fiber optic, coaxial and twisted pair signals cabling with associated flex conduit. The conceptual plans identify the installation of two MassHighway conduits and four additional conduits for future economic development /shared resources. Other work is as follows: the installation of variable message signs, the placement of closed circuit television cameras, the installation of a travel time system and the installation of other ITS infrastructures. The installation of conduit equipment will be located as shown on the attached conceptual Typical Section. The system will focus on congestion mitigation, incident management, traffic operations, evacuation routing, and the general mobility and access of automobiles, freight and transit. As part of this project, the Traffic Operations Center (TOC) at the Northampton District 2 office will be upgraded and expanded as necessary to handle the enhanced I -91 ITS, and then integrated with the Boston TOC. Best available measures shall be used to minimize adverse effects during construction. Upon completion of work the surface vegetation and contours of the area shall be substantially restored to its original condition. As necessary, erosion controls (haybales, silt fence, etc. or a combination thereof) will be employed so as to protect any resource areas that could otherwise be impacted as a result of the work. CERTIFIED MAIL RETURN RECEIPT REQUESTED Northampton Conservation Commission 210 Main Street Northampton, MA 01060 Dear Commission Members: Deval L. Patrick Timothy P. Murray 8emard Cohen Governor Lt. Governor Secretary Commissioner Luisa Paiewonsky /, 71; ! 1 ' )--- T / 1 „f / 7 i/4iv --„_ /r:;. January 9,2,007 ; 20 07 7// , l r 4,,,,,,,,i,:,: / MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION Re: Request for Determination Northampton: 1-91 Intelligent Transportation System Project # 603903 MassHighway is pleased to submit additional information regarding the subject Request for Determination of Applicability, previously submitted on December 18, 2006. As previously stated, this is a Design/Build. (D /B) project which will result in the design and deployment of an advanced traffic management system along Interstate -91. The work consists of installing a fiber optic cable backbone and Intelligent Transportation System devices along the entire length of I -91 (55 miles) from the Connecticut to the Vermont State Lines. In addition to the detail provided in the previously submitted WPA Form 1 — Request for Determination of Applicability, the work includes installing six, 1 inch underground conduits. Two of these conduits will be utilized for MassHighway purposes, and the other four will be available for economic development. The extent of the work, except for the installation of nodes and appurtenances, has been limited to the easterly grass /tree belt, within the area extending no more than ten feet from the edge of pavement. Due to the flexibility in placing nodes and other appurtenance, these installations will be outside any jurisdictional areas except for possible Riverfront Areas. However, in Riverfront areas the installations will be in areas previously altered as a result of the construction and maintenance of I -91. Due to the nature of D/B contracting, and to reassure the Commission that no work will occur in any area(s) subject to protection under M.G.L. c. 131, § 40 under this RDA, the District has provided the following language in the Request for Proposal which will become part of the negotiated contract between MassHighway and the D/B Entity: General Provisions • The DB Entity shall be responsible for retaining the services of a Wetland Scientist or other individual with similar qualifications, with two years experience and thoroughly versed in the Commonwealth of Massachusetts' Wetland Protection Act (M.G.L. Chapter District 2 • 811 North King Street, Northampton, MA 01060 • (413) -582 -0599 131 Section 40), its regulations (310 CMR 10.00) and all other state and federal regulations. Said individual shall be subject to the approval of the Engineer, and shall identify, and as necessary delineate, any environmental resource areas that may be located within the vicinity of the work. Prior to the start of any work, the Wetland Scientist and or other qualified individual shall be responsible for ensuring that the work will not impact any environmental resource areas, and that the work may proceed in accordance with any and all existing environmental permits. If the Wetland Scientist or other individual deteimines that the work will impact wetland resource areas, a Notice of Intent, Water Quality Certification and /or Army Corps of Engineers submission will be required as stipulated in the Contract. + The DB Entity shall be responsible for any and all costs, including any liability, penalties, expenses, damages or delays resulting from any suspension, termination, interruption for failure to obtain any Environmental Approval(s) not already provided or obtained by the Department. • If the DB Entity erection, demolition, storage, or other procedures not originally allowed .by existing environmental permits require work to occur in or otherwise impact water or wetland resource areas, the DB Entity is advised that no associated work can occur until all required environmental permits have been either amended or obtained allowing such work. The DB Entity shall be responsible for preparing all documentation necessary for amending Environmental Approvals. As necessary, the Department shall be provided a reasonable opportunity to review completed applications for Environmental Approvals prior to their submission. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for.reviews, resubmittals or rejections of incomplete packages. • The DB Entity is responsible at all times for complying with: (a) all conditions and schedules in any Environmental Approvals, whether obtained by the. Department or the DB Entity, and (b) all applicable Environmental Laws. Failure to comply with conditions or schedules in Environmental Approvals will be grounds for termination hereof. The DB Entity shall be responsible for any and all costs, liability, penalties, expenses, damages, including economic, property, natural resource and personal injury, or delays resulting from any non - compliance with Environmental Approvals. • The project has been cleared by MHD for NEPA requirements. An automatic C.E. Checklist was signed by the Deputy Environmental Chief (or his/her designee) at MHD on 8/10/06, thereby satisfying NEPA. Requests for Determination of Applicability/Negative Determinations of Applicability Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it has been determined that this project is subject to the Massachusetts - General- L- aws- Ghapte-r- 131, - Section -40 as amended, and at a minimum, requires the submission of Requests for Determination of Applicability (RDAs) to the Conservation Commission of each municipality. The Department will file all RDAs. The RDAs and DOAs are to be considered part of this contract and a copy of said documents and all plans /attachments shall be on -site while activities regulated by the DOAs are being performed. The DB Entity is hereby notified that he /she will be responsible and held accountable for performing any /all work necessary to satisfy and comply with the DOAs and RDAs. The DB Entity is advised that no additional compensation will be allowed for work required to establish, achieve, and maintain compliance with the DOAs and RDAs, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland flagging; wetland replication monitoring reports, etc. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. Notices of Intent /Orders of Conditions Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it has been determined that this project is subject to the Massachusetts General Laws, Chapter 131, Section 40 as amended, and may require the submission of a Notice of Intent. If the project receives a Positive Determination of Applicability, or if the DB Entity anticipates work will occur in or otherwise impact water or wetland resource areas, or is expected to perform any work or procedures not originally allowed by any issued Negative Determinations, the DB Entity is advised that no associated work can occur until all required environmental permits have been obtained allowing such work. As necessary, the DB Entity shall be responsible for preparing all documentation necessary for submission of a Notice(s) of Intent (NOIs) to the appropriate Conservation Commission. The DB Entity will be designated as the applicant /representative for any necessary NOIs. The Department (MassHighway) will be listed as the Property Owner on all applications. The NOI submissions may involve, but not be limited to, the following: preparation of necessary applications; description of the proposed work; description of any wetlands within the vicinity of the proposed work; description of impacts to resource areas; description of resource impact mitigation; plan(s) of the proposed work; necessary maps (GIS, locus, environmental features maps, etc.); wetland delineations (including documentation), etc. The DB Entity will also be responsible for presenting the NOIs at public hearings and providing any other necessary documentation to the Conservation Commission(s). The NOIs and OOCs are to be considered part of this contract and a copy of said - documents and all plans /attachments shall be on -site while activities regulated by the OOCs are being performed. The DB Entity is hereby notified that he /she will be responsible and held accountable for performing any /all work necessary to obtain, satisfy and comply with the entire OOCs and NOIs. The DB Entity is advised that no additional compensation will be allowed for work required to prepare the NOIs and obtain the OOCs or to establish, achieve, and maintain compliance with the NOIs and OOCs, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of plans; wetland flagging; wetland replication monitoring reports, etc. MassHighway shall be copied on all final permit applications and permits received from the Conservation Commission(s). MassHighway shall be notified of all WPA related hearings and site visits with the Conservation Commission(s). The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. Massachusetts Division of Fisheries & Wildlife/Natural Heritage & Endangered Species Program/Massachusetts Endangered Species Act Based on the conceptual documentation and indications to keep the installation within 10 feet of the pavement edge, it is anticipated that the project will qualify for exemptions provided under the Massachusetts Division of Fisheries & Wildlife (DFW), the Natural Heritage & Endangered Species Act (NHESP), the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A and implementing regulations 321 CMR 10.00). However, once the DB Entity establishes the limit and extent of work, the DB Entity shall determine if this project is then subject to review by the DFW/NHESP/MESA. If the work is determined to be located within a state - listed species habitat and does not qualify for any DFW/NHESP /MESA exemption(s), the DB Entity shall be responsible for preparing all necessary documents for a MESA Project Review. These documents shall be submitted to the MassHighway Environmental Section located at 10 Park Plaza, Boston, MA. MassHighway will review and file, as the Applicant, the necessary documents with the DFW/NHESP /MESA. The recommendations of the DFW/NHESP /MESA will be considered part of this contract. The DB Entity's attention is directed to the fact that special conditions and other requirements may be associated with the DFW/NHESP /MESA recommendations. It is the DB Entity's responsibility to be aware of and comply with these conditions and requirements and plan his /her work and schedule accordingly. The DB Entity is hereby notified that s /he will be responsible and held accountable for performing any /all work necessary to satisfy and comply with the DFW/NHESP /MESA recommendations. The DBEntity is advised that no additional compensation will be allowed for work required to prepare and receive the recommendations of the DFW/NHESP /MESA or to establish, achieve, and maintain compliance with the recommendations of the DFW/NHESP /MESA, as payment for the work shall be included in the various bid items. This work may include, but is not limited to, the following: the hiring and paying for the services of a Professional Biologist, Botanist, Wetland Scientist, Engineer, Landscape Architect, etc.; preparation and submission of as -built plans; wetland flagging; wetland replication monitoring reports, etc. MassHighway shall be copied on all final submissions to the DFW/NHESP /MESA and permits or recommendations received from the DFW/NHESP /MESA. MassHighway shall be notified of all DFW/NHESP /MESA - related hearings and site visits. The DB Entity is further advised that the Department will not entertain a delay claim due to the time required to modify or obtain the environmental permits. No time extensions will be granted for reviews, resubmittals or rejections of incomplete packages. If the final language in the Request for Proposal differs substantially than that proposed, or if the D/B contractor. finds it necessary to perform work outside the 10 foot work boundary, or if there are any resource areas that cannot be avoided, the D/B Contractor will be responsible for filing a Notice of Intent with the Conservation Commission. If you have any questions regarding this information, please contact Timothy Meyer, District Environmental Engineer, at (413) 582 -0543. TPM/ C - TPM MAM DEP- WERO Sincerely, Albert R. Stegemann, P.E. District Highway Director December 15, 2006 Request for Determination of Applicability Intelligent Transportation System (ITS) 1-91 Corridor HIGHWAY Prepared by: Massachusetts Highway Department District #2 Office 811 North King Street Northampton, Massachusetts 01060 (413) 582 -0599 Northampton, Massachusetts Project File #603903 EWO #P603903P11 HIGHWAY Governor Northampton Conservation Commission 210 Main Street Northampton, MA 01060 Dear Commission Members: Mitt Romney Kerry Healey John Cogliano Luisa Paiewonsky Lt Governor Secretary Commissioner December 15, 2006 Re: Request for Determination Northampton: 1-91 Intelligent Transportation System Project # 603903 Enclosed is a Request for Determination of Applicability for the installation of an Intelligent Transportation System and related work on Interstate 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. JLG/ C - RJM (w /encl.) DMF TPM (w /encl.) DEP- WERO (w /encl.) Encl. Sincerely, '"e 54,E Albert R. Stegemann, P.E. District Highway Director Received By: (Signature) Date: (Please print name) District 2 • 811 North King Street, Northampton, MA 01060 • (413)- 582 -0599 MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION PROJECT FILE #603903 NORTHAMPTON, 1 -91 INTELLIGENT TRANSPORTATION SYSTEM (ITS) INDEX SHEET EWO # PENDING 1. WPA Form 1 Request for Determination of Applicability 2. Exhibit 1 - U.S.G.S. Locus Map 3. Exhibit 2 - Typical Section 4. Exhibit 3 - Plans (Sheets 1, 2, 3, 12, 13 and 14 of 27) 5. Exhibit 4 - Description of Proposed Work 6. Exhibit 5 - Typical Design Methods # of Sheets 1 1 6 1 2 Typical Construction Methods 1 of 2 Exhibit 5 Since this is a Design/Build contract, the selection of a Contractor will depend on many things, one of which will be Contractor's experience and ability to install conduits in environmentally sensitive areas. Although it cannot be stated for certain which, if any, of the typical installation methods will be employed, it is expected that a combination of one or more methods will be utilized, in order to facilitate the installation with an environmentally sensitive approach. As indicated in the 2002 U.S. Department of Transportation, Federal Highway Administration's Design Guide for Fiber Optic Installation, there are four widely used methods for installing conduits for fiber optic cable systems: trenching, plowing, boring (horizontal directional drilling), and bridge attachments. Each method has advantages and disadvantages and all create temporary and permanent impacts to the freeway system. Topography typically dictates the best method of installation, but it is also influenced by the contractor's available equipment and experience level. Trenching Trenching is most commonly used method of installing fiber optic conduits. Trenching methods require excavating the earth to provide a trench of a certain width and depth, into which the conduit is laid. The depth and width depend on the quantity and size of conduits proposed and the required cover to be provided. Excavation is commonly carried out with a backhoe or trenching machine; however, depending on the conditions, a clamshell and shoring devices, or a combination of any of these pieces of equipment may be used. Excavators are available in several sizes to accommodate the depths and widths that can be expected in telecommunication installations. Plowing Plowing installation of conduit involves the use of a tracked bulldozer fitted with a conduit reel on the front end and a plow attachment on the back end. The cable plow is a single, straight- shafted blade, which opens a narrow trench and allows conduit to be placed continuously as the plow moves ahead. The trench closes in behind the plow, leaving a mound of material approximately 24 inches wide. Horizontal Directional Drilling Horizontal directional drilling (HDD) is a form of trenchless boring technology commonly used by the telecommunication industry. It is used to install conduits' in environments where trenching or plowing cannot be used. The process involves drilling in the horizontal and vertical direction with downhole tools that are steerable within limits The operation requires a suitable work area on both the exit and entry ends of the desired HDD location. \ \ ` 4 SHLDR 4' SHLDR Es/arrLs 12' TRAVEL LANE 343 CONGRESS STREET _AN D Ka � y _BQSION.-MASSACHU_SESSS 02210 TEL: 7) - FAX: (61 242 242 -982 4 12' TRAVEL LANE TYPICAL 6- CONDUIT INSTALLATION (FILL SLOPE) NOT TO SCALE 12' TRAVEL LANE 12' TRAVEL LANE 10` _ .. SHOULDER 10' SHOULDER VARIES (SEE NOTE 4) o o , oon 24" --1 I--- HAY BALE & SILT FENCE VARIES (SEE NOTE 4) ., 24" -4-9 HAY BALE & SILT FENCE TYPICAL 6- CONDUIT INSTALLATION (CUT SLOPE) NOT TO SCALE NOTES: 1. DISTANCE FROM EDGE OF ROAD WILL VARY BASED ON FIELD CONDITIONS. 2. TRENCH DEPTH TO FOLLOW NEC /MHD CODES (36" TYPICAL). 3. DISTANCES AND SLOPES TO BE VERIFIED IN THE FIELD 4. EVERY EFFORT SHALL BE MADE TO KEEP THE INSTALLATION WITHIN 10 FEET OF THE EDGE OF PAVEMENT, PARTICULARLY IN THE VICINITIES OF ENVIRONMENTALLY SENSITIVE AREAS (INCLUDING BUT NOT LIMITED TO: WITHIN 100 FEET OF A WPA RESOURCE AREA, 200 FEET OF THE MEAN ANNUAL HIGH WATER MARK OF ANY RIVER OR STREAM, ENDANGERED SPECIES HABITAT, ETC.). PROPER EROSION CONTROLS WILL BE EMPLOYED TO PROTECT ANY RESOURCE AREAS. IF THE INSTALLATION WORK CANNOT BE WITHIN 10 FEET OF THE PAVEMENT EDGE WITHIN AN ENDANGERED SPECIES HABITAT, A MESA FILING MAY BE REQUIRED. MASSACHUSETTS HIGHWAY DEPARTMENT 1 -91 ITS DEPLOYMENT TYPICAL SECTION Ego Him FIGURE 1 JA2006_P_ROJECTS 460073.051\ASSIGNMENLE=_1-91 ITS DESIGN\ CARD\ EHASE _2_SU6MLSSIONL \CLVIIAXX -TYP SECSLON,D91