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2013.03.14 ConCom Agenda and Staff Report Northampton Conservation Commission Agenda 5:00 PM, Thursday March 14, 2013 City Hall Hearing Room 2 floor, 210 Main Street, Northampton nd General Public Comment Approval of Minutes February 14, 2013 February 28, 2013 Approve release of executive session minutes, 2010-2012 Review proposed temporary access and landing use license – WD Cowls, Mineral Hills Conservation Area Review proposed amendments to CT River Greenway Plans, Damon Road, DEP File 246-0668 Ideas for working together with Agricultural Commission Mini Training: Open Meeting Law Review of Mail Review of Staff-Issued Permits All other business not foreseen when agenda was published Adjourn To: Conservation Commission From: Sarah LaValley Reviewed and Approved by OPD: WF RE: Staff Report, March 14 Commission Meeting Date: March 11, 2013 Approve release of executive session minutes, 2010-2012 Executive session minutes are required to be periodically reviewed to determine whether ‘continued non- disclosure is warranted.’ Staff has reviewed executive session minutes from 2010-2012, and recommends that these minutes, all dealing with land acquisition, be released. The only remaining non-disclosed executive session will then be February 14, 2013. Review proposed temporary access and landing use license – WD Cowls, Mineral Hills Conservation Area WD Cowls has a deeded right-of-way (ROW) to access their property through the Mineral Hills Conservation Area near the recently acquired southern bookend. The ROW includes portions of the former Turkey Hill Road (please see attached forest cutting plan map) where it is severely eroded, and includes a wetlands crossing that has not been functional in many years. Part of the rationale for purchasing the southern bookend was to allow the Commission to discontinue vehicle use of this area, and instead use the gravel drive that served as an access at the end of the quarrying operation. WD Cowls has proposed to also use this gravel driveway for access, rather than repairing the damaged section of the former roadbed, as well as locating a landing within the MHCA, in an areas that is currently gravel. Kestrel Trust, who will be the holder of the conservation restriction on this parcel once it is approved by the state, will be conducting an additional site visit with staff on Wednesday, March 13 at 9:00 AM (please attend if you would like to see this area on the ground), but did not have concerns as of the date of this staff report. In exchange for allowing the access, Cowls will also propose to remove invasive species from the MHCA, and once the forestry operation is complete, to block access from the south, where ATV are currently entering the conservation area, with boulders. The full proposed license is attached. Staff recommends allowing this temporary access and landing location so that degraded sections of trail will not need to be improved. Review proposed amendments to CT River Greenway Plans, Damon Road, DEP File 246- 0668 As a result of the water quality certification permitting process, plans for the CT River Greenway have been changed to include fewer impacts to wetlands. The attached memo explains the changes, and the applicant will provide plans by the meeting. The Commission should review the changes and determine whether they can be included in as-built plans, or whether an additional filing is required. DEP’s policy on amended orders states that: The issuing authority first makes a determination whether the requested change is great enough to warrant the filing of a new Notice of Intent or whether it is of a relatively minor nature and can be considered as an amendment to the original Final Order of Conditions. In making this determination, the issuing authority should consider such factors as whether the purpose of the project has changed, whether the scope of the project has increased, whether the project meets relevant performance standards, and whether the potential for adverse impacts to the protected statutory interests will be increased. Relatively Conservation Commission Staff Report 1 March 14, 2013 minor changes which result in the same or decreased impact on the interests protected by the Act are appropriate for amendments. If the determination is made that the project purpose or scope has changed substantially or that the interests specified in the Wetlands Protection Act are not protected, then the issuing authority should not issue the amendment, but should require the filing of a new Notice of Intent. Conservation Commission Staff Report 2 December 13, 2012 TEMPORARY LANDING USE LICENSE th THIS AGREEMENT, MADE AND ENTERED INTO THIS 4 day of March , 2013, by and between, WD COWLS, INC. (WDC) of North Amherst, MA (hereinafter called “WDC”), and the City of Northampton, acting through its Conservation Commission. Terms and Conditions This temporary use beyond WDC right of way agreement is made upon and subject to the following terms and conditions: 1.The Northampton Conservation Commission grants to WDC permission to enter upon and cross the Mineral Hills Conservation Area for transport and temporary storage of logs, for timber harvesting and trucking purposes only, in connection with a timber harvest described and permitted under MGL Chapter 132 Forest Cutting Plan # 214-6172-13, as shown on the attached plan. The Premises are owned by Northampton. 2. As part of this agreement, WDC shall not use any motorized vehicles on the discontinued portion of Turkey Hill Road, which is more sensitive to vehicles than the route shown on the attached plan. 3.The terms of this agreement shall be from March 4, 2013 to December 1, 2014, or upon completion of logging and trucking from WDC Inc timber harvest, whichever date is earlier. Any extension request shall be made by WDC in writing and agreed to by Northampton in writing. 4.WDC shall not block any roads and, if any such roads are damaged by WDC, WDC shall repair any such damage at WDC’s own expense and to the reasonable satisfaction of City of Northampton Conservation Commission. 5.WDC shall be fully responsible for compliance with all environmental regulations under the Massachusetts Forest Cutting Practices Act or any other applicable state or federal statutes. 6.When using the road, WDC. will follow standard rules and acceptable practices as outlined in the Massachusetts Forestry Best Management Practices Manual. 7.WDC will use straw bales, silt fences, or other erosion control techniques as needed to prevent the release of sediment to nearby surface waters. Waterbars will be created on the woods road to protect the road from future erosion. 8.WDC will clip invasive species at the landing site. Clipping these invasive species back will help avoid transportation of invasives to WDC timberland. 9.WDC agrees to conduct its operations on said Premises in a prudent manner and to take every reasonable precaution to prevent accidents of any nature. WDC further agrees to save and hold City of Northampton harmless from and against any and all loss, damage, or liability, on account of injuries to or death of persons or damage to property, in connection with WDC’s use of or activity on the Premises, including attorney fees. 10.WDC agrees to inform any and all agents, contractors, or licensed timber harvesters operating on the Premises of all provisions of this agreement, and will take all reasonable steps to ensure compliance herewith. WDC agrees to provide City of Northampton with a copy of the timber harvester’s certificate of liability insurance, naming WDC as an additional insured. WDC will also present a copy of WDC’s liability insurance. 11.Should WDC default under any provisions hereof, this agreement may be terminated immediately at the option of City of Northampton, provided that notification of termination is given in writing or electronically. 12.Upon completion of the work, WDC will block access to the landing at a site identified by Planning and Development staff and the woods road at the property boundary between City land and WDC land with large boulders larger than can be pulled by an ATV to discourage motorized vehicle use. 13.The parties agree that, given that WDC has a legal right-of-way across the Mineral Hills Conservation Area to Turkey Hill Road that the value of this agreement is negligible with an estimated value of below $1,000. The parties are signing this agreement in consideration of the benefits of mutual forest landowner assistance and to reduce erosion on a steep and wet section of the abandoned section of Turkey Hill Road 14.The parties agree that this is a non-exclusive license and the public rights to the Mineral Hills will not be limited, other than temporary closures when machinery is in operation. Agreed to by the signatures of: Northampton Conservation Commisison _________________________________ By:______________________________ Kevin Lake, Chair, on behalf of the Conservation Commission Date:____________________________ WDC _________________________________ By:______________________________ Date:____________________________ The Berkshire Design Group Inc 4 Allen Place February 28, 2013 David B. Foulis, Environmental Analyst Massachusetts Department of Environmental Protection 436 Dwight Street Springfield, MA 01103 Re: Connecticut River Greenway Park DEP File 246 -0668 Alternatives Analysis Dear David: To respond to prior Department comments (r'cd 12/10/12) and per the Department's authority at 314 CMR 9.06(2), an additional alternative exploring on -site means of avoiding and/or minimizing discharge of dredged and /or fill material within "Waters of the United States within the Commonwealth" has been explored and is described and presented below. We have also described how the modifications address each specific comment Through efforts to further avoid and /or minimize discharge of dredged and /or fill material within waters of the Commonwealth, revisions were made to the proposed grading plan which either avoids or reduces previously proposed wetland impacts. Concerns were raised regarding impacts to the `C', `D', and `I' wetlands located in the upland portions of the site where grades were being lowered. To reduce the drop in grade at these wetland locations, an additional handicapped accessible route and ramp system on the south side of the proposed access road has allowed re- grading which reduces and /or avoids wetland impacts. The slope of the proposed access road has been increased from 5% to 8.5% allowing for a reduction in the cut required by up to 3 feet. This adjustment has completely eliminated all wetland impacts to the `C' and `I' wetlands and greatly reduced impacts to the `D' wetland. The overall wetland impacts have been reduced by 3,820 square feet from the previous proposal. Total Disturbance Previous Proposal 4,855 SF Total Disturbance Current Proposal 1,035 SF Difference 3,820 SF Northampton, MA 01060 E mail:bdg @berkshiredesign.com February 27, 2013 246 -0668 To further address concerns regarding potential changes in existing subsurface hydrological flows, impermeable membranes to prevent potential migration of groundwater are proposed in those areas adjacent to the `D' and `1' wetlands where a cut in grade is still required. The cut required in these locations as a result of re- grading has been reduced from 6' to less than 3'. Response to comments from 12.10.13 email (see attached): 1. The grade adjacent to Wetland `C' and Wetland `D' has been raised to reduce previously proposed impacts. Impacts to Wetland `C' have been reduced from 2,268 SF to 0 and impacts to Wetland `D' have been reduced from 1,845 SF to 803 SF. A berm and EPDM liner are also proposed to address potential secondary impacts. 2. The grade adjacent to Wetland `I' has been raised to reduce the proposed cut from 6 feet to 3 feet or less. An EPDM liner along the south edge of the wetland is proposed to address potential secondary impacts. In regard to potential vernal pool habitat; the issue was explored with wetland scientist Ward Smith and the local Conservation Commission and it was determined that no vernal pool habitat was present. 3. It appears the only hydraulic connection that exists between Wetland `E' and Wetland `C' consists of porous fill material below the former access road. Some minor disturbance is required as the proposed road crosses between the two wetlands however it is the intent of the project to maintain this hydraulic connection. Any additional fill that's required will not interrupt water flows. 4. As revised, the project has reduced previously proposed impacts to Wetlands `C', `D', `I' by 3,820 SF from 4,855 SF to 1,035 SF. Please contact me if additional information or clarification is required. Thank You, The Berkshire Design Group, Inc. Jeffrey Squire, RLA C.C. Northampton Conservation Commission enclosures Page 2