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06-016 339 HaydenvilleCity of Northampton-- wetlar, s Ap plication This form is required for all applications filed under the Northampton Wetlands Ordinance File with the office of Planning and Development, 210 Main street, Northampton, MA 01060 We recommend applicants consult with the Land Use and Conservation Planner (587 -1263) before app lying 1. Check what kind of permit you are requesting ® Request for Determination of Applicability (WPA form 1) Notice of intent (WPA form 3 or 4) E] Abbreviated Notice of Resource Area Delineation WPA form 4A) 2. Property Street Address Route 9, Grove Avenue and 28 Evergreen Road 3. Assessors' Map, parcel: g , Northampton (Leeds) 6 - 16, 20, 58, 21Assessors' Map, Parcel: an 5- 6, 7, 12; Map 11A, Parcel 3 Additional Property Description: 60 acres includin land at 28 Evergreen 4. Check the items enclosed. Your application will not be accepted if any items are missing. Read f The appropriate completed Massachusetts DEP application www.inass. ov /de /b /ww /wwforms.hbll IX Completed versions of this Wetlands Application and Notification to Abutters form rX Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments) All plans folded (not rolled) and collated with each application packet I - For Notice of Intent applications only, the following: El Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal Form PLUS $105; and ❑ Separate S75 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee; and ❑ An Abutters List of all property owners within at least 100 feet of the property line of your project. Abutters lists may be generated at wvvw Northamn oni are available at Forbes and Lilly Libraries. (click on abutters list). Computers i For Request for Determination and Notice of Resource Area Delineation applications, a check to the City of Northampton" for $85. IX A #10 business envelope addressed to the applicant. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. jX Boundary of entire lot and notation of lot area I X Context of adjacent lots, if necessary to show extent of wetland/riverfront resource f X Numbered wetland flags j Existing and potential vernal pools I 50' AND 100' wetland buffer F Mean Annual High Water line, for riverfront permits N/A T — 100' inner riparian zone AND 200' outer riparian zone, for riverfront permits N/A Pagel of 4 ■ on !x Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas (X Edge of Vegetation accurately measured or surveyed r Significant (8 "+ DBH) trees within the linn,g� t of work area that are also within the 200' riverfront area, wetland, or 100' wetland buffer N/A f X 2' contours F Elevations in feet (not meters), for projects within the floodplain 1 Zoning setbacks F 1:20 scale, if possible 6. If new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. f Grading /proposed new contours Q Hardscape (ie: footprint of house, driveway, walkways, terraces, etc ?) r Any removal of vegetation and significant trees within the riverfront area, wetland and buffer N/A j Landscaping and plantings within the riverfront area, wetland and wetland buffer N/A F Location of erosion control barrier (X Limit of work line r lines rX Storm water management (use DEP fonnw . mass. vyov /dep/bro /ww /ww forms. htrr>) if required I Wildlife assessment if the site is in or near a habitat resource area based on NHESP maps, Northampton Potential and Certified Vernal Pools map or otherwise required by the Act or Ordinance. FXAt the same scale as the Existing Conditions Site Plan Page 2 of 4 /JqL, ✓*A+ 7. We have provided and requested information and believe and understand that (initial each item below): ® Application deadline is one calendar month prior to a public hearing. If the application is incomplete or waivers are requested, however, the public hearing may be delayed; 9 We will check for the date and time of our public hearing at www.NorthamptonPlanning or or OPD voice mail (587- 1266). Such notice is posted by the Monday 10 days prior to the public hearing; g ® The Conservation Commission may request an alternatives analysis for work proposed within t he buffer zone of a wetland; IN The Conservation Commission and their representatives have permission to enter the property; [NAII documents and plans submitted are in the public domain and may be copied freely in any form; and [The City will record wetlands Orders of Conditions at the Hampshire County Registry of Deeds. [� We certify, under the pains and penalties of perjury, that canrp}eted Abutter Notification formes et. �d �p LL ,p 6 ✓TI^ ,( MA 1 C Northampton, Ma 01 wnerPhone: (413) 5 6750 060 8. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT: We certify, under the pains and penalties of perjury, that PRIOR to make this applic ion we have sent the completed Abutters Notification form by certified mail (return receipt requested) to butte I the Abutters List. Patrick J. Melnik and Applicant (print or type): John J. Hanl Applicant Signature: Address: Trustee 110 King S tre et Applicant Phone: Owner #?1iEAgy on Ma 01060 Patrick J. Melnik' and Owner Signature: Address: `John J • Hanley 1 King StrPPt O Page 3 of 4 • Northampton Conservation Commission Public Hearing Notice Subject to the Northampton Wetlands Ordinance and /or the Massachusetts Wetlands Protection Act A. The name of the applicant is: John J. Hanley and Patrick J. Melnik B. The applicant has filed a Notice of Intent, Abbreviated Notice of Intent, Request for Determination or Abbreviated Notice of Resource Delineation with the Northampton Conservation Commission, and is seeking permission to remove, fill, dredge or alter an Area Subject to Protection, or within 100 feet of an Area Subject to Protection, under the Wetlands Protection Act (MGL C. 131, §40), and the Northampton Wetland Protection Ordinance. C. The location of the property where the activity is proposed is: J2 Street Address: Route 9, Grove Avenue and Map and Parcel: 6—&f, 20, 58, 21 and 19 rgr n oa 5 - 6, 7, 12 and 1 1A -3 D. The application may be examined at the Office of Planning and Development, 2nd floor, City Hall, 210 Main Street, Northampton, between the hours of 8:30 AM and 4:30 PM, Monday through Thursday. E. Copies of the full application may be obtained from (check one): Applicant 0 Representative ® Other by calling (414 -1750 between the hours of 9.00 and on on the following days of the week: Monday through Friday The fee for a copy of the application is: _„_ F. Notice of the Public Hearing, including date, time and place, will be available at least one week prior to the public hearing at: 1. The Office of Planning and Development's voice messaging system at 587 -1266; and 2. www.NortliatrnptoiiPlaiining under the public notice /meeting tab; and 3. In the Daily Hampshire Gazette legal ads. The Northampton Conservation Commission generally meets on the 2 n and 4` Thursdays of each month in Hearing Room 18, located on the 2 "d Floor of City Hall at 210 Main Street. Notice of the public meeting, listing all hearings, including the date, time and place, is posted in City Hall at least forty -eight (48) hours in advance of the meeting. You also may contact the Department of Environmental Protection Western Regional Office for more infonnation about this application or the Wetlands Protection Act at: (413) 784 -1100. Page 4 of 4 Contact Name RMqLnik@verizon.net 110 King St. E -Mail Address Mailing Address Northampton Uty/Town Ma 01060 413 -584 -6750 State zip Code Phone Number 413 -584 -6789 Fax Number (if applicable) 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 ect to jurisdiction of the Wetlands Protection Act. subj ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced below are accurately delineated. ® C. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaformt.doc • rev. 07114/04. Page 1 of 4 Massachusetts Department of Environmental Prott - ,on Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1 • Applicant: forms on the computer, use Y, John J. Hanley, of Beaver Brook Nominee Trust and melnik only the tab key Patrick J. Melnik -- verizon.net to move your 110 King St. E -Mail Address cursor - do not Mailing Address use the return Northampton key. City/Town Ma 01060 413 -584 -6750 State zip Code re6 Phone Number 413 -584 -6789 Fax Number (if applicable) 2. Representative (if any): Patrick J. Melnik Firm Contact Name RMqLnik@verizon.net 110 King St. E -Mail Address Mailing Address Northampton Uty/Town Ma 01060 413 -584 -6750 State zip Code Phone Number 413 -584 -6789 Fax Number (if applicable) 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 ect to jurisdiction of the Wetlands Protection Act. subj ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced below are accurately delineated. ® C. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaformt.doc • rev. 07114/04. Page 1 of 4 Massachusetts Department of Environmental Prot.tion Bureau of Resource Protection - Wetlands / WPA Form 1- Request for Determination of Applicability Ciry/Town 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): Route 9 and Grove Avenue Street Address Maps 6- Parcels Number 61,20,58,21,19, Assessors Map /Plat Number Northampton City/ Town Map 5, Parcels 6,7,12 and Map 11A 3 Parcel /Lot Number b. Area Description (use additional paper, if necessary): 60 acres of land located between the Mill River, Beaver Brook, Route 9 and Grove Avenue and Evergreen Road. One of the properties involved is number 28 Evergreen Road. The work is to be done on the upland portion of the site at 28 Evergreen Road, off Grove Avenue and the upland area adjacent to Route 9. C. Plan and /or Map Reference(s): Build out and Open Space Pl an for Beaver Brook Estates Title Plan Prepared for John J. Hanley Trustee of the Beaver Brook Nominee Date Trust by Heritage Surveys Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Two multi unit buildings to be constructed off Route 9 as a stand alone cluster. Six Houses with frontgage on Route 9 to be built on via common driveways accessed from Evergreen Road and Grove Avenue. A 19 Unit cluster development to be constructed with new road access from Evergreen Road. Water, sewer and residential utilities to be installed underground as shown on the plans. Two storm detention basins to be constructed. Two common driveways and bikepath connector to be constructed. All new construction and house locations are as shown on plans. Conservation zone and no disturbance zones shown on plan. Existing Building at 28 Evergreen Road to be removed. wpaforml.doc • rev. 07114/04. Page 2 of 4 LJ Massachusetts Department of Environmental Prot_ ion Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cost.) 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). None 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. 07114104. Page 3 of 4 9 Massachusetts Department of Environmental Pro><.�,tion Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability City/Town L I 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. I 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: John J. Hanley, Trustee of Beaver Brook Nominee Trust, 180 Riverside Drive, New York, New York and Patrick J. Melnik, 110 King St. Northampton, Ma. 01060 C/o Patrick J. Melnik 110 King St. Mailing Address Northampton City/Town Ma State 01060 Zip Code Signatures: I also under and that notification of this Request will be placed in a local newspaper at my expense in accord a with Sectio 0.05(3 (b)(1) of the Wetlands Protection Act regulations. 4 Sn ur�of Applicant April 15 2005 Date ure of Representative (if any) April 15 2005 Date wpaforml .doc - rev. 07114/04. 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(617) 626 -1000 Fax (617) 626 -1181 http://www.mass.gov/envir CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : Beaver Brook Estates PROJECT MUNICIPALITY : Evergreen Road - Northampton PROJECT WATERSHED : Mill River EOEA NUMBER : 13057 PROJECT PROPONENT : John J. Hanley, Trustee DATE NOTICED IN MONITOR : June 24, 2003 Pursuant to the Massachusetts Environmental Policy Act (M.G.L. c. 30, ss. 61 -62H) and Section 11.06 of the MEPA regulations (301 C.M.R. 11.00), I determine that this project requires the preparation of an Environmental Impact Report (EIR) According to the Environmental Notification Form (ENF), the project consists of the construction of 25 single - family homes and six townhouses. The site contains a four -unit apartment building, which is planned to be demolished. The project will be constructed in two phases. -Phase I includes the construction of 19 units, and Phase II involves the construction of the remaining 12 units. The project site is about 60 acres of mostly forested land. The proponent is proposing a permaneat conservation restriction on approximately 36.73 acres of the site. According to the Natural Heritage & Endangered Species Program (NHESP), the project site is located within Estimated and Priority Habitats for the Jefferson Salamander and Wood Turtle. These rare wildlife species are state - protected as species of "Special Concern ". The project is undergoing review pursuant to Section 11.03(2)(b)(2) of the MEPA regulations, the taking of an endangered or threatened species or species of special concern, where the project site is two or more acres and includes an area mapped as a Priority Site of Rare Species Habitats and Exemplary Natural Communities. It will require a Sewer Extension /Connection Permit, a Superseding Order of Conditions, and a 401 Water a Printed onPAwwded Stock 20 % Post ConamerWaste MWE EOEA #13057 ENF Certificate July 24, 2003 Quality Certification from the Department of Environmental Protection (DEP). The project will need to obtain an Access Permit from the Massachusetts Highway Department (MHD). It will also need a Conservation Permit under the Massachusetts Endangered Species Act (MESA) from NHESP. The project must comply with the National Pollution Discharge Elimination System (NPDES) General Permit for stormwater discharges from a construction site. Because the proponent is not seeking financial assistance from the Commonwealth for the project, MEPA jurisdiction is limited to those aspects of the project that are likely to directly or indirectly cause damage to the environment and that are within the subject matter of required or potentially required state permits or agency actions. In this case, MEPA jurisdiction exists over aspects of the project concerning issues related to the priority habitat, wetlands, stormwater, wastewater, the conservation restriction, and traffic impacts. Access for 22 units would be onto Evergreen Road, three units onto Grove Avenue, and six units onto Haydenville Road (Route 9). Using the Institute of Traffic Engineers land use codes 210 and 230, the project is estimated to generate approximately 274 new trips per day. Sidewalks are proposed by the proponent on one side of the proposed subdivision roadway onto Evergreen Road. The project will be connected to the municipal water and wastewater systems. It is estimated that it will consume approximately 15,000 gallons per day (gpd) of water and will generate approximately 13,640 gpd of wastewater (based on 124 bedrooms). SCOPE The EIR should follow for outline and content, as address the comments listed extent that they are within copy of this Certificate. Alternatives Analysis: Section 11.07 of the MEPA regulations modified by this scope. It should at the end of this Certificate to the this scope and it should include a The EIR should analyze the no -build alternative to establish baseline conditions. In addition to the proponent's Preferred Alternative, the EIR should analyze alternative subdivision layouts, to arrive at a site design that minimizes impacts on habitat. The EIR should quantify the acreage of land and types of resources impacted under each alternative studied. The EIR 2 EOEA #13057 ENF Certificate July 24, 2003 should fully describe any environmental trade -offs the project design (for example, whether avoidance species habitat would lead to greater disturbance uplands). inherent in of rare of forested From the information presented in the ENF, it is clear that both the wetland resource areas and the upland areas of the site, particularly those that provide habitat, are ecologically significant. The EIR should clearly delineate the extent of the habitat in upland areas, and should specifically consider alternative layouts that increase the amount of undisturbed area surrounding the wetland resources (vernal pools), to allow for an increased buffer between the vernal pools /resource areas and upland habitat areas. Project Permitting & Regulatory Environment: The EIR should briefly describe each state environmental permit or agency action required for the project. For each permit or action identified, the EIR should demonstrate how the project is consistent with any applicable performance standards and other regulatory requirements. The EIR should also discuss consistency of the project with state, regional, and local policies and plans (see Section 11.10(3) of the MEPA regulations). It should describe how the site has been zoned by the City of Northampton. Rare Species Habitat: The EIR should include a habitat study, which includes a survey, for the Jefferson Salamander and the Wood Turtle. All Wood Turtles should be tracked using radio - telemetry. The proponent will need to evaluate potential impacts to rare species (including indirect impacts from runoff into priority and estimated habitat) for the Natural Heritage. Program to determine if the project will require a Conservation and Management Permit pursuant to the Massachusetts Endangered Species Act. The project must also meet performance standards for rare species contained in the Wetlands Protection Act regulations. The EIR should provide an update of the proponent's rare species survey work. The project has the potential to impact several state - listed rare species. The subdivision design should aim to avoid potential rare species impacts altogether within the context of developing a site layout which minimizes overall impacts. If complete avoidance of rare species impacts in upland areas is not feasible, the EIR should justify this conclusion, and fully discuss the permitting implications under MESA. The EIR should 3 EOEA #13057 ENF Certificate July 24, 2003 then include sufficient information for the Division of Fisheries and Wildlife to evaluate the merits of the Conservation Permit. I strongly encourage the proponent to consult with the Natural Heritage Program during preparation of the EIR. The EIR should include an inventory of rare species habitat on both resource and upland areas on a reasonably scaled map, and should include, for each alternative studied, the locations of rare species and rare species habitat with the subdivision layout superimposed. The EIR should include the Natural Heritage Program information sheets for each rare species documented on the site. The EIR should include a comprehensive analysis of potential impacts of a residential subdivision development and operation on rare species, including the potential for fertilizers and other chemicals used by the residents to migrate into rare species habitat, or to impact rare species via the process of bioaccumulation. The EIR should also analyze potential impacts from human activities on endangered species habitat and identify means of excluding or minimizing foot traffic in sensitive areas, via the proponent's proposed conservation restriction. According to Natural Heritage Program records, two species of special concern are documented to occur within the project site. The EIR should delineate the boundaries of the resource areas, buffer zones, and upland habitat areas, including information on topography and vegetation. The EIR should evaluate the potential impacts of the residential subdivision on each species on the site, including indirect impacts from pesticides, stormwater runoff, and point source light pollution. The EIR should provide more details on opportunities for habitat restoration, and should include analysis of the feasibility of integrating rare habitat directly into the subdivision's design. Wetlands: The Commonwealth has endorsed a "No Net Loss Policy" that requires that all feasible means to avoid and reduce the extent of wetlands alteration be considered and implemented. The Wetlands Section of the EIR should conform to this approach by first examining options that avoid impacts to wetland resource areas, their associated buffer zones, riverfront protection areas and 100 -year flood plain areas. Where it has been demonstrated that impacts are unavoidable, the EIR should illustrate that the impacts have been minimized, and that the project will be accomplished in a manner that is consistent with the Performance Standards of the Wetlands Regulations (310 CMR 10.00). 4 EOEA #13057 ENF Certificate July 24, 2003 The EIR should address the significance of the wetland resources on site, including public and private water supply; riverfront areas; flood control; storm damage prevention; fisheries; shellfish; and wildlife habitat. All resource area boundaries, riverfront areas, applicable buffer zones, and 100 -year flood elevations should be clearly delineated on a plan. Bordering vegetated wetlands that have been delineated in the field should be surveyed, mapped, and located on the plans. Each wetland resource area and riverfront area should be characterized according to 310 CMR 10.00. The text should explain whether the local conservation commission has accepted the resource area boundaries and any disputed boundary should be identified. Proposed activities, such as the roadway connection with Evergreen Road, the driveway connections with Grove Avenue and Haydenville Road, and the water and sewer main extensions, including construction mitigation, erosion and sedimentation control, phased construction, and drainage discharges or overland flow into wetland areas, should be evaluated. The locations of detention basins and their distances from wetland resource areas, and the expected water quality of the effluent from said basins should be identified. This.analysis should address current and expected post- construction water quality (including winter deicing and sanding analyses) of the predicted final receiving water bodies. Sufficient mitigation measures should be incorporated to ensure that no downstream impacts would occur. The drainage analysis should ensure that on- and off -site wetlands are not impacted by changes in stormwater runoff patterns. The EIR should discuss the location of vernal pools on the project site and provide a plan showing their location. The fourth vernal pool should be certified and located on the site plan. For any amount of required wetlands replication, a detailed wetlands replication plan should be provided in the EIR which, at a minimum, includes: replication location(s) delineated on plans, elevations, typical cross sections, test pits or soil boring logs, groundwater elevations, the hydrology of areas to be altered and replicated, list of wetlands plant species of areas to be altered and the proposed wetland replication species, planned construction sequence, and a discussion of the required performance standards and monitoring. Water: The EIR should identify any impacts from the project on the local drinking water supply. It should propose mitigation as EOEA #13057 ENF Certificate July 24, 2003 appropriate. the housing proponent to measures for project. The EIR should identify any exterior irrigation for and the source for this water. I encourage the incorporate state -of- the -art water conservation this project to reduce water consumption from the Water Quality: Residential uses have the potential to cause significant water quality impacts, particularly from fertilizer and pesticide runoff into wetlands and groundwater. The EIR should estimate the annual amount of turf chemicals (most prominently nitrogen) applied to turf areas, and should evaluate the potential for nitrogen transport off -site. It should provide details on any proposed water quality monitoring program. The EIR should include a risk assessment for water quality associated with the use of fertilizers and pesticides. The EIR should evaluate deed restrictions as a method of avoiding future wetland impacts from homeowner activities, and a method of minimizing water quality impacts associated with residential lawn care. Drainage: The EIR should present drainage calculations and plans for the management of stormwater from the proposed project. It should include a detailed description of the proposed drainage system design, including a discussion of the alternatives considered along with their impacts. It should identify the quantity and quality of flows. The rates of stormwater runoff should be analyzed for the 10, 25 and 100 -year storm events. The proposed drainage system should control storm flows at existing levels. The proponent should recharge roof runoff and other treated stormwater runoff from parking areas and driveways in order to retain as much as possible of the existing groundwater flows and drainage patterns. If the proponent ties into the existing municipal or MHD drainage systems, the EIR should identify the permits required and if there will be a recharge deficit on -site. The EIR should indicate and discuss if there are any municipal drainage system discharges in this area. The EIR should address the performance standards of DEP's Stormwater Management Policy. It should demonstrate that the design of the drainage system is consistent with this policy, or in - the alternative, why the proponent is proposing a drainage system design not recommended by DEP. The proponent should use 6 EOEA #13057 ENF Certificate July 24, 20.03 the DEP Stormwater Management Handbook when addressing this issue. The EIR should discuss consistency of the project with the provisions of the National Pollutant Discharge Elimination System ( NPDES) general permit from the U.S. Environmental Protection Agency for stormwater discharges from construction sites. The EIR should include discussion of best management practices employed to meet the NPDES requirements, and should include a draft Pollution Prevention Plan. In addition, a maintenance program for the drainage system will be needed to ensure its effectiveness. This maintenance program should outline the actual maintenance operations, responsible parties, and back -up systems. Wastewater: The EIR should outline the proponent's efforts to reduce water consumption and wastewater generation. It should identify if there are any Inflow /Infiltration issues with the sewer system. Construction: The EIR should present a discussion on potential construction period impacts (including but not limited to noise, the excavation of soil, blasting, dust, wetlands, and traffic maintenance) and analyze feasible measures that can avoid or eliminate these impacts. If blasting is proposed on site, it should be coordinated with City officials, and an informational meeting should be held to address neighbors' and NHESP's concerns. The EIR should provide information regarding the phasing of construction on the project site. It should quantify the amount of land altered, and any impacts on endangered species. The EIR should identify which por ions of the site will remain undisturbed, and which portions will be impacted during construction. Hazardous Wastes: The EIR should present a summary of the results of any hazardous waste studies and remediation efforts undertaken at the site. Conservation Restriction: The EIR should provide a thorough discussion of the Conservation Restriction (CR) implications of the project. It EOEA #13057 ENF Certificate July 24, 2003 should include the proposed language for the CR. The EIR should consider specific language in the CR to create special management zones to protect significant rare species habitat resources. Traffic: The ENF did not include a traffic assessment of the impacts of the project on local and state highways. Because of MHD's comment letter and the small number of trips generated by the project, I am not requiring any traffic analysis at this time for the purposes of MEPA review. The Proposed Section 61 Finding for MHD presented in the Final EIR should include any mitigation commitments related to traffic on state roadways. Mitigation: The EIR should include a separate chapter on mitigation measures. It should provide a clear commitment to implement these mitigation measures and should describe the timing of their implementation. The proponent should also consider participating in proposals by the City of Northampton to provide additional traffic mitigation measures to reduce the potential impacts of the project. This chapter on mitigation should include proposed Section 61 Findings for all state permits. The proposed Section 61 Findings should contain a clear commitment to mitigation, an estimate of the individual costs of the proposed mitigation and the identification of the parties responsible for implementing the mitigation.- A schedule for the implementation of mitigation should also be included. Circulation: The EIR should be circulated in compliance with Section 11.16 of the MEPA regulations and copies should also be sent to the list of "comments received below and to Northampton officials. A copy of the EIR should be made available for public review at the Northampton Public Library. July 24, 2003 DATE Cc: Craig Givens, DEP /WERO s EOEA #13057 ENF Certificate July 24, 2003 Comments received: Patrick J. Melnik, 6/16/03 Daniel T. Keith, 6/29/03 Daniel T. Keith, 7/1/03 Yankee Hill Conservation Group, 7/8/03 Lora Sandhusen & Friends, 7/9/03 Northampton Planning & Development, 7/9/03 Patrick J. Melnik, 7/10/03 John Body, 7/10/03 Mass Wildlife, 7/11/03 Jim Montgomery, 7/11/03 Daniel & Sandy Glynn, 7/11/03 Deb Jacobs, 7/11/03 Keith H. Davis, 7/13/03 John Daniel & Julie Akeret, 7/13/03 Deb Jacobs, 7/14/03 DEP /WERO, 7/14/03 Amy Bookbinder, 7/14/03 Michael A. Kirby, 7/14/03 Heritage Surveys, 7/15/03 E13057 ERH /WTG /wtg Commonwealth ofHassttchnsetts 4fassW%ltfi%fe Divismon of Fisheries & Wildlife Wayne F. MacCallum, Director Bob Jeffway, Jr. 37 Front Street Leeds, MA 01053 Project Marne: Location: NHESP File # Dear Mr. Jeff vay, The Beaver Brook Nominee Trust property Evergreen Road, Northampton 01 -9552 February 20, 2004 The Natural Heritage tic Endangered Species Program ( NHESP) of the MA Division of Fisheries & Wildlife has reviewed the letters (received 10/21/03 tic 12/4/03) and preliminary subdivision plan (dated 11/7/03) that were submitted to our office for review under the Massachusetts Endangered Species Act (M.G.L. c.13IA) for this site. This project site is located within Estimated and Priority Habitats for the Jefferson Salamander (Anah }stoma jefer.soiziatrunt) and Wood Turtle (Clenimys insculpta). These rare wildlife species are state - protected as species of "Special Concern" pursuant to the Massachusetts Endangered Species Act (MESA). During our meeting with you on Sep. 4, 2003, we discussed the permitting requirements for this project under the Massachusetts Endangered Species Act (MESA) and its implementing regulations (321 CMR 10.00). The NHESP has determined that the proposed work and development of the uplands on this site constitutes a probable "take ", as defined in 321 CMR 10.02. Under MESA, both upland and wetland habitats are protected from "take" which includes "to ... disrupt the nesting, breeding, feeding, or migratory activity." The taking of a species on the state list may be permitted under MESA only if the applicant has avoided, minimized and mitigated impacts to state - protected species to the greatest extent practicable and provided there is a long -term net benefit to the conservation of the local populations of the impacted species. The NHESP is supportive of the recent plan (dated 11/07/03) submitted for review and has only a few minor concerns that need to be addressed. Dr. Alan Richmond conducted a survey of the vernal pools on this site for Beaver Brook Nominee Trust and during his survey another vernal pool was confirmed and certified. This latest vernal pool does not appear to be depicted on the plan that was submitted and it should be added. There are now 5 confirmed vernal pools in the vicinity of the project site, one of which is just outside of the property boundary and 2 of which are confirmed breeding sites for the Jefferson Salamander. The amount of area to be protected in the Conservation Restriction (CR) is acceptable for this site, although we have concerns about the proposed work within the 100 foot Buffer Zone east of the wetland near Haydenville Road. We recommend that the entire Buffer Zone be protected in the CR or alternatively that an equal amount of land (between the limit of work and Buffer Zone boundary) is added to the CR southeast of vernal pool 2017 or west of vernal pool 2019 as compensation. 1V14;14t. MaSSYV Ili own On the issue of new proposed trails, the NHESP will permit new trails on this site provided that new trails are no greater than 4 feet in width and that they are not located within any resource areas (including Riverfront Area) or within any 100 foot buffer zone of a wetland or certified vernal pool. The NHESP is unable to permit the use of ATV's within this Conservation Restriction, with the exception of snowmobiles. It is not the intent of NHESP to require or recommend the posting of lands within the CR. The CR shall be written to allow staff of the NHESP to inspect the protected land within the CR during reasonable hours. The NHESP requests that a draft Conservation Restriction be submitted for our review. Due to the need for a Conservation Permit under MESA for the proposed work on this site, filing under the MtEPA regulations is still required. The NHESP apologizes for the delay in responding to your latest submissions. If you have any questions regarding this letter please call Nancy Putnam at ext. 306. Sincerely, homas W. Drench, Ph.D. assistant Director CC: Northarripton Planning Board and Conservation Commission MEPA Director, Executive Office of Environmental Affairs brest Cutting Plan !d Notice of Intent under Mass. General Laws, iapter 132 - the Forest Cutting Practices Act. For DEM Use only: File Number. Ch. 617 Date Recd: Nat. Her.? Earliest Start Pub. Dr. Wtr.? River Basin: ACEC? Location Town Northampton (Leeds) Road Route 9 & Leonard Street Acres 32 Proposed start date 1/15/99 Vol. MBF 194 Vol. Cds 101 Vol. Other Preparer of Plan Person other than landowner preparing plan: Firm name Individual name Karl Davies Mailing address POB 601 Town, State, Zip Northampton, MA 01061 -0601 Phone 586-0825 Landowner Landowner name Beaver Brook Trust Mailing address 110 King Street Town, State. Zip _Northampton, MA 01060 Phone 584 -6750 Chapter 61? No Mgmt. Plan Est. stumpage value? _ Licensed Timber Harvester* Firm name Individual name Mailing address Town, State, Zip Phone License No. This information may be supplied after plan approval. Stream Crossings Indicate location on map: SCA SC-2 SC -3 SC-4 Of Wetland Crossings Indicate location on ma WC-1 WC -2 WC -3 WC -4 Len th of crossin ft. 80' Mitt ation FRDR Stabilization CO Filter Strips Indicate location on map: FS -1 FS -2 FS -3 FS-4 Width (50' 100' o r VAriable)' VA IVA Refer to regulations for information regarding variable filter strips Type o_ f_ crossing ssina Stabilization Mqi a ion Tpe obof ttom CU Culvert BR Bridge SE Seed FR Frozen MU Mulch DR Dry LE Ledge ST Stony FO Ford PO Poled CO Corduroy OT Other ST Stone MU Mud OT Other HB Hay bales OT Other GR Gravel Indicate location on mafHW- HW-2 HW 3 HW-4 Fore sae Acres to be harvested: Resid. Basal Ares >50% Other BMPs Cutting will be limited to when the ground is frozen or in all PF- Here will De no skiddin most of which is bordering roads will be laid out along the titches will be winched to these )f the basal area will be remnvP _.. vwu iaiu out in the same locations as they were for the last harvesting operation approximately 30 years ago._ Note: a : . D� 8 Applicant must provide DEM with all relevant inform�a't before plan may be approved and cuttng may begin. Some forestry activities, such as'prescribed burning and pesticide or fertilizer applic6f'Qn may require additional Permits. Consult MA Forestry BMP Manual for further information . Attach a Narrative Page if further explanation is needed or "other" is used for any category. Stand Treatment (See codes at bottom of page) Indicate location on map: ST -1 ST-2 ST-3 ST-4 Forest Type 0144 WH4 WP5 WK5 Acres 12 ? ? 6 Primary obiective IN WH IN WH Designation of trees cut' CT CT CT CT Type of regeneration cut SE I - 1 :1EQ 1 SE Source of regeneration White Oak 2 OR Type of intermediate cut TH 'If not marked, describe species, size, quality and BA to be cut: Most of the mature red oak, plus about 2/3 of the mature white pine will be cut. Additional low grade hardwoods will be cut to release the hickories and white oaks for increased mast production. Nearly all the hemlocks will be left for Products to be Harvested Species Mbf Cds Species Mbf Cds White Pine 151 28 Red Maple 24 57 Red Pine OH Oak/Hdwd. SM Sugga�r Maple Sugar Maple BW White Birch BM Bir/Red Meple Pitch Pine 1 1 Red Oak 12 9 Hemlock 1 1 Black Oak 1 1 Spruce White Oak 2 2 Other Sftwd Other Oak White Ash 2 2 Other Hdwd Beech Hdwd Fuelwood White Birch Softwood Pulp B & Y Birch Chips Black Cherry TOTAL Species: Record sawtimber volumes by species. Units: MBF = 1,000s of Board Feet, CDS = Cords, TON = tons, CCF = 100s of Cubic Feet. Volume. Record to the nearest whole unit (MBF. etc) M13F 194 c ns 101 TON Landowner I (we) hereby certify that I (we) have the legal authority to carry out the afore - described operation. Failure to accurately update the material herein required and provide other relevant information can result in the voiding of this plan. I (We) also certify that I (we) have noted the Conservation Commission in the municipality in which the operation is to take place and the abutters of record within two hundred feet of the area to be harvested. Signatures) of landowner(s) gent D to Appointment of Agent As owner of the property to be harvested I hereby designate the following person to act as my agent for the purpose of conducting the harvest covered by this Forest Cutting Plan including executing all forms and documents required by law. I understand, however, that the statutes, including criminal fines, continue to apply to me as the owner of record. Agents Name Mailing Address Town, State, Zip Phone Signature(s) of landowner(s) Date Forest Cutting Plan Approved Disapproved Expires Cutting Plan ❑ ❑ Signature of Service Forester/Director's Agent Date: Approved Disapproved Expires Extension ❑ ❑ Amendment ❑ ❑ Serv. For. Inits. Final Report I hereby certify that the afore - described Forest Cutting Plan and all relevant statutes have been substantially complied with. Signature of Service Forester/Director's Agent Date Service Forester's Comments: Forest Type: WP White Pine HK Hemlock OM Mixed Oak WK WP /Hem HH Hem /Hdwd RM Red Maple WH WP /Hdwd TK Tamarack BC Blk Cheery WO WP /Oak CD Cedar BB Bee/Bir/Maple RP Red Pine OH Oak/Hdwd. SM Sugga�r Maple SR Red Spruce BW White Birch BM Bir/Red Meple PP Pitch Pine PO PP /Oak SF Spruce /Fir OR N Red Oak BE Beech OT Other Designation: CT Cut trees LT Leave Trees SB Stand Boundary OT Other Primary Obiective WP Wood Production IN Short term income WH Wildlife Habitat AR Aesthetics & Rec SW Soil & Water Mgmt OT Other Tvoe of Reaeneration Cut: SE Selection SH Shelterwood ST Seed Tree CC Clearcut SA Salvage CO Coppice CS Coppice w /Standards OT Other Source of R egeneration AD Advance SE Natural Seed DS Direct Seed PL Plant CO Coppice Tvoe of Interme Cut: TH Thinning RE Release IM Improvement SA Salvage OT Other OWNERS: Beaver Brook Trust MAP TYPE: Forest Stand Type and Boundary ADDRESS: 110 King Street SCALE: 1 inch = 300' Northampton, MA 01060 Brover ...- t RO� TE kIf OH4V T Yankee Hill Cor'dorniniums KEY property line — — abutter's line - — • stand type boundary state /town road woods road /trail � '''stream 1_cr' V bor veg wetland A x Y wire fence excluded area Boundaries: Stand Types: Base Map: Prepared by: Date: 5A °U Kelth & J Power REFERENCES P From Killam Associates plan. All metes & bounds are approximate. Col -East aerial photo 15543 -5385. 1979 USGS Easthampton Quad. Karl Davies, Consulting Forester, POB 601, Northampton, MA 01061. December, 1998. 5 ?A - ; 'j � `� ` �/ ;,4. �-- " - ' •:. -.,: ,t- c,�l M TYPE: �-4 ; OWNER: Beaver Brook Trust LOCATION: Route 9 Leeds US GS MAP. 1979 Easthampton Quad SCALE: l = 2000' P Q NOR TH: True N mill �9 � ;((, • li�� Sl Chem gNA t ._r ,, �: / 1. l •, . Ol .: . 1. s , %!i/\� �� %� •�. --* ii r: ./ �� .: • . r ki t f :I � ,Gg� it � �' �� __ 1 ; . -y_�c'`�• � - � ,, �_ \� , � Forest Resource Management POB 601 Phone: (413) 586 -0825 Northampton, MA FAX: (413) 586-0825 (call to alert) 01061 -0601 email• kdaviespigc.org Thursday, December 24,1998 Daniel & Jane Keith -Power 68 Leonard Street Leeds, MA 01053 Dear Daniel & Jane: This is to notify you that I have complied with the Massachusetts Forest Cutting Practice Law (M.G.L. Ch. 132, Sec. 40 -64) by making application to the Director of Forests and Parks for official approval of a forest products cutting plan for land of my client whose property abuts yours and is shown on the enclosed map. The law requires that owners of property within 200' of the intended cut, as well as the Town Conservation Commission, be notified. Cutting is scheduled to begin on or after January 15,1999. Please call or write me at the above address if you have any questions about the intended cut. Thank you. Sincerely, Karl Davies encl: map of land of Beaver Brook Trust Commonwealth of Massachusetts U DiVisionof Fisher &Wildlif �es Wayne F. MacCallum, Director 30 June 2000 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: The Natural Heritage & Endangered Species Program (NHESP) received new information regarding rare species within the town of Northampton. Based on this new information the NHESP has enlarged Estimated Habitat WH6035 (see highlighted area on the enclosed map). The enclosed map should be attached for immediate use with your 2000 -2001 "Estimated Habitats of Rare Wildlife" map. This is to ensure that applicants filing Notices of Intent (NOI) will also be aware when they must file with the NHESP under the rare species provisions of the Wetlands Protection Act Regulations (3 10 CMR 10.59 and 10.58(4)b). The Commission should check each submitted NOI to see whether the site locus occurs within this new Estimated Habitat, or any other Estimated Habitat in town. If a project falls within an Estimated Habitat the applicant must provide proof that the NOI was mailed to the NHESP so that it is received at the same time as the Commissions (see section C3A of the new NOI form). The new Estimated Habitat is based on a finding of the Jefferson's salamander Ombystoma jeffersonianum). The Jefferson's Salamander is state - protected as a species of "Special Concern" Pursuant to the Massachusetts Endangered Species Act Regulations (MGL c.131A) and its implementing regulations (321 CMR 10.00). I have enclosed a factsheet on this species for your information. If you have any questions regarding this notification please contact meat 508- 792 -7270 x151. Sinceyely P i to Huckery Wetlands Enviro ental Reviewer, NHESP Enclosure: Jefferson's salamander factsheet cc: Karen Hirschberg, DEP Western Regional Office Jennifer MacDonald, DEM Service Forester {► lam: * - . w ti F Natural Heritage & Endangered AiM g Species Program Route 135, Westborough, MA 01581 Tel: (508)792-7270x200 Fax: (508) 792 -7275 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement ht tp : / /www.state.ma.us /dfwele /df ■ M Commonwealth of Massachusetts qi 0 s Fisheffies Devesionof &wildlife Wayne F. MacCallum, Director June 14, 2000 Daniel Keith 68 Leonard Street Leeds, MA 01053 Dear Mr. Keith, I am writing to notify you of the official certification by the Massachusetts Natural Heritage and Endangered Species Program of two (2) vernal pools in the town of Northampton that you reported to this office and referred to as Leonard Pools I and 2. The certified pool numbers are 2019 and 2020, respectively. Thank you very much for contributing to the conservation of a threatened resource. The certified status of these vernal pools potentially affords them protection under the following regulations: 1. Massachusetts Wetlands Protection Act Regulations (3 10 CMR 10.00); within wetland resource areas, protectable vernal pool habitat includes the pool itself and up to 100 feet beyond the pool's margin. 2. Massachusetts Surface Water Quality Standards (314 CMR 4.00); discharges of dredge or fill material are strictly prohibited within the boundaries of certified v: °rnal pools. 3. Title 5 of the Massachusetts Environmental Code; 4. The Massachusetts Forest Cutting Practices Act Regulations. Please note that even after a Notice of Intent has been filed, the presumption that vernal pool habitat does not occur on a site is overcome upon a clear showing to the contrary, either through official certification or the presentation of credible evidence at a public hearing (3 10 CMR 10.57(2)(a)5). Altering vernal pool habitat may be permitted only if it will have no adverse effects on wildlife habitat, as determined by procedures contained in 310 CMR 10.60. Furthermore, "certified vernal pools which occur in resource areas other than Land Subject to Flooding can be protected by incorporating protective conditions into the Order of Conditions" (DEP Wetlands Report Alert/March 1996). Please contact Karen Hirschberg at the DEP Western Regional Office with all regulatory questions pertaining to these pools. Once again, thank you for your concern for the conservation of vernal pools. I am enclosing updated certification field forms and I hope that you will continue to search for and document vernal pools in your town. Sincerely, Amy Maher Wetlands Review Assistant cc: file y �r-r k Natural Heritage & Endangered Species Program Route 135, Westborough, MA 01 581 Tel: (508) 792 -7270 x 200 Fax: (508) 792 -7275 i An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement http://www.state-ma-us/dfwele/dfw Commonwealth of Massachusetts Divisionof .�r Fizheffiez&Vildlife Wayne F. MacCallum, Director June 14, 2000 George Kohout 37 Evergreen Road Leeds, MA 01053 Dear Mr. Kohout, I am writing to notify you of the official certification by the Massachusetts Natural Heritage and Endangered Species Program of two (2) vernal pools in the town of Northampton that you reported to this office and referred to as Grove Pools 1 and 2. The certified pool numbers are 2017 and 2018, respectively. Thank you very much for contributing to the conservation of a threatened resource. The certified status of these vernal pools potentially affords them protection under the following regulations: 1. Massachusetts Wetlands Protection Act Regulations (3 10 CMR 10.00); within wetland resource areas, protectable vernal pool habitat includes the pool itself and up to 100 feet beyond the pool's margin. 2. Massachusetts Surface Water Quality Standards (314 CMR 4.00); discharges of dredge or fill material are strictly prohibited within the boundaries of certified vernal pools. 3. Title 5 of the Massachusetts Environmental Code; 4. The Massachusetts Forest Cutting Practices Act Regulations. Please note that even after a Notice of Intent has been filed, the presumption that vernal pool habitat does not occur on a site is overcome upon a clear showing to the contrary, either through official certification or the presentation of credible evidence at a public hearing (3 10 CMR 10.57(2)(a)5). Altering vernal pool habitat may be permitted only if it will have no adverse effects on wildlife habitat, as determined by procedures contained in 310 CMR 10.60. Furthermore, "certified vernal pools which occur in resource areas other than Land Subject to Flooding can be protected by incorporating protective conditions into the Order of Conditions" (DEP Wetlands Report Alert/March 1996). Please contact Karen Hirschberg at the DEP Western Regional Office with all regulatory questions pertaining to these pools. Once again, thank you for your concern for the conservation of vernal pools. I am enclosing updated certification field forms and I hope that you will continue to search for and document vernal pools in your town. Sincerely, - {J /0 ��h� Amy Maher Wetlands Review Assistant cc: file y� Natural Heritage & Endangered Species Program Route 135, Westborough, MA 01581 Tel: (508)792-7270x 200 Fax: (508) 792 -7275 A An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement �i, http : / /www.state.ma,us /dfwele /dfw Commonwealth of Massachusetts DIVISIon of Fisheiries &Wildlife Wayne F. MacCallum, Director 30 June 2000 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: The Natural Heritage & Endangered Species Program ( NHESP) received new information regarding rare species within the town of Northampton. Based on this new information the NHESP has enlarged Estimated Habitat WH6035 (see highlighted area on the enclosed map). The enclosed map should be attached for immediate use with your 2000 -2001 "Estimated Habitats of Rare Wildlife" map. This is to ensure that applicants filing Notices of Intent (NOI) will also be aware when they must file with the NHESP under the rare species provisions of the Wetlands Protection Act Regulations (3 10 CMR 10.59 and 10.58(4)b). The Commission should check each submitted NOI to see whether the site locus occurs within this new Estimated Habitat, or any other Estimated Habitat in town. If a project falls within an Estimated Habitat the applicant must provide proof that the NOI was mailed to the NHESP so that it is received at the same time as the Commissions (see section C3A of the new NOI form). The new Estimated Habitat is based on a finding of the Jefferson's salamander Ombystoma jeffersonianum). The Jefferson's Salamander is state - protected as a species of "Special Concern" pursuant to the Massachusetts Endangered Species Act Regulations (MGL c.131 A) and its implementing regulations (321 CMR 10.00). I have enclosed a factsheet on this species for your information. If you have any questions regarding this notification please contact me at 508- 792 -7270 x151. Since kHuckery P i to Wetlands Environfnental Reviewer, NHESP Enclosure: Jefferson's salamander factsheet cc: Karen Hirschberg, DEP Western Regional Office Jennifer MacDonald, DEM Service Forester ! - Natural Heritage &Endangered Species Program Route 135, Westborough, MA 01581 Tel: (508) 792 -7270 x 200 Fax: (508) 792 -7275 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement http://www.state.ma.us/dfwele/dfw Jul 28 05 08:51a Charles H. Dauchtj 413 - 548 -9987 P.1 CHARLES H. DAUCHY, Environmental Consultant 24 Old Long Plain Road, Leverett, MA 01054 Phone (413) 548 -8005, Fax 548 -9987 July 28, 2005 Conservation Commission City of Northampton 210 Main Street Northampton, MA 01060 Re: Beaver Brook Estates, Parcel 24 Haydenville Road, Northampton Revised Wetland Delineation Dear Commissioners: I was asked by Atty. Patrick J. Melnik to confirm or revise the original wetland delineation on the Beaver Brook Estates site, in the vicinity of the proposed Multi - Family Development on Parcel 24. On 7/24/05 I reviewed the old wetland line in the field (Flags A92 through A 116) and made several minor adjustments to reflect current conditions. Those changes are now reflected on the plan titled "Multifamily Development Plan for Parcel 24 ", revised 7/27/05 prepared by Heritage Surveys, Inc. The current wetland boundary is shown by the heavy dashed line on the plan, while the original boundary is shown as a lighter line. The revised delineation should serve as the basis for design. The original wetland delineation was re- established in the field using coordinates from the original survey. The original line is marked with numbered pale blue flags. My confirmation or revision is marked with bright blue flagging. Hydric soils locations are marked in the field with yellow flagging, marked "H ", and non- hydric soils are marked with orange flagging, marked "NH ". The changes typically occurred in areas where there are hydric soils and where hydrophytic vegetation (perhaps as a result of logging) is now also predominant. I hope you this information will facilitate review of the project. Please feel free to call me with any questions regarding the wetland delineation. Sincerely, ees by cc: Atty. Patrick J. Melnik Mark Reed, Heritage Surveys, Inc. ■uf■ Commonwealth of Massachusetts Mass Wi /d /ife July 11, 2005 Patrick J. Melnik Esq. Attorney at Law 110 King Street Northampton, MA 01060 Project Name: Beaver Brook Estates — John J. Hanley, Trustee Location: Evergreen Road, Northampton NHESP File # 01 -9552 Dear Attorney Melnik, Wayne F. MacCallum, Director The Natural Heritage & Endangered Species Program (NHESP) of the MA Division of Fisheries & Wildlife has reviewed your letter, draft Conservation Restriction (received 5/20/05) and revised project plans (dated 4/11/05 & 4/13/05) that were submitted to our office for review under the Massachusetts Endangered Species Act (M.G.L. c.131A) for this site. This project site is located within Estimated and Priority Habitats for the Jefferson Salamander (Arnbystoma jeffersonianum) and Wood Turtle (Clemnlys insculpta). These rare wildlife species are state - protected as species of "Special Concern" pursuant to the Massachusetts Endangered Species Act (MESA). During previous meetings with project representatives we discussed the permitting requirements for this project under the Massachusetts Endangered Species Act (MESA) and its implementing regulations (321 CMR 10.00). The NHESP has determined that the proposed work and development of the uplands on this site constitutes a probable "take ", as defined in 321 CMR 10.02. Under MESA, both upland and wetland habitats are protected from "take" which includes "to ... disrupt the nesting, breeding, feeding, or migratory activity." The taking of a species on the state list may be permitted under MESA only if the applicant has avoided mini,..ized and mitigated impacts to state - listed species to the greatest extent practicable and provided there is a long -term net benefit to the conservation of the local populations of the impacted species. The NHESP is generally supportive of the most recent plans submitted for review and has only a few concerns that still remain to be addressed. Our understanding is that areas depicted as "No Disturbance Zone" on the plan are not clearly protected from clearing or alteration. Portions of the No Disturbance Zone depicted in Lots 20 -26 that are not necessary for lawns around the houses need to be added to the Conservation Restriction (CR) for the following reasons. These forested areas are important upland rare wildlife habitat that provide feeding, shelter, and overwintering areas for Jefferson Salamanders as well as providing a migration corridor between habitat features and vernal pools on the site for both rare wildlife species. The MESA Regulations require that every reasonable effort is made to minimize and mitigate development impacts to rare species habitat on the site and by adding these areas to the CR the limits of work will not change and long -term protection of these habitats will be provided. Division of Fisheries and Wildlife tivlr'tic. masswildl i Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792 -7270 Fax (508) 792 -7275 An Age-T of the Depornnerrt ofFrsheries, Wildlife & Envn orvnental 1,mr Enforcement Division of Fisheries & WN�llife The Conservation Restriction language requires some revisions in order to be acceptable as net benefit for the impacts proposed. In our meeting with representatives of the applicant on March 21, 2003 we stated that forest management or harvesting of trees is not acceptable or appropriate within this Conservation Restriction, due to the sensitive resources, rare species, and small siit the Conservation Commission e. We suggest that either or a l ze of the s ocal land trust be approached to hold the CR. The NHESP will only permit new trails on this site provided that these trails are no greater than 4 feet in width and that they are not located within any resource areas (including Riverfront Area) or within any 100 foot buffer zone of a wetland or certified vernal pool. The CR shall be written to allow staff of the NHESP to inspect the protected land within the CR during reasonable hours. Any improvements or alterations that are necessary within the CR must be reviewed and approved by the NHESP in addition to the Grantee. In our letter of July 11, 2003 for this project the NHESP commented that the proposed drainage system shall be designed to maintain the existing hydrology of all venial pools and wetlands on and adjacent to the site. Please submit details of the proposed siormwater management system and supporting documentation to prove that the existing hydrology will be maintained after construction. The last outstanding issue relevant to this permitting process is compliance with the Massachusetts Environmental Policy Act (MEPA) regulations. Due to the need for a Conservation and Management Permit under MESA for proposed development of this site filing under the MEPA regulations was required. The MEPA certificate issued on July 24, 2003 for a previous design of this development stated that "this project requires the preparation of an Environmental Impact Report (EIR) ". The NHESP is unable to issue a MESA permit for this project until the MEPA process has been completed. If you have any questions regarding this letter please call Nancy Putnam at ext. 306. Sincerely, Uv Thomas W. French, Ph.D. Assistant Director CC: Northampton Planning Board and Conservation Commission MEPA Director, Executive Office of Environmental Affairs ■m■ f�- — 0 — .A➢ CHFl8H1-05,PROf O,i D �i CONDITIONS SC5 TR -20 METHOD - TYPE III 24 -HOUR STORM RAINFALL- 4.4 INCHES F L 1.10 4F ^ =.5 aq c 0 0 ... e c?n ', �. .. .. IPe C 0 e C 2 e cT a e E 1,4 �Cc .. e 0 C e 0 7e, @ C.0 0 L _ 4 =s m e 0 0 e 0 71 0 0.0 - C C C E m ,. a z 0 C 7 J 74 C7 55 P 0 C 82 C E :.4 F, .7t ._ . So. 9E P, C C 0 S'� cc C e m .V 100 0 C 0 C 0 C 7T 740 7 0 C C 0 0 10n 0 0 e e e ©.¢� E m — 14 .0; ice _r C e C: 0 c C _ 0 0.€ , ee _. C e 0 C e 4.. J =k= far CHAKALOS,PROPC 0 CONDITIONS STS - fc. 'S; ------------ __ REACH ROUTING BY STOR -IND METHOD FEa EE, C ," rT F. NIC 1C u I "�,. ,, - ��, SLOPES n Elk---H 'L9' UEL. �I'"E ,-1 - IT r1 IFT i _ �T_ 1 'rF$ _ _) N r -.i 1 X2.8 P.2 @ D P,. ©2 2 op 15 .@ 02 4,' 4 .- — D"2 C 0 D.02 C.aD .01- 21 e.e — _ C,0 ..c G L O. D£ ¢ 22 .012 4., .E`la'o ..= P .- _ 1- 0 .. . .. P.C. e.Pe e Dc .212 G 12.c I z ¢.¢C ¢ 14 O.0 8 12.T 0.0 ;.0 ©.2G 2.Oe .O'C eo ,r "7 ..I �.. 0.0 2.02 O DZ CSI'_ 90 .L1 ":G _.E - 4.1 19 I:_.D 0.0 0. 0 P.DD C.0- .P12 2.. .EiPC _ d.D ¢.3 2 2 2.D " O CT .D1 LG¢ .0 t= 1¢.': ._ 1 -.0 C.0 O.Zo e C= .212 )EL 010; EP �4.0 2.P _ 2.2 0 y Perm 3 � � DEOE File No ;1 Commonwealth (T de provided or DEOE) of Massachusetts DIIyROwn Northampton 1 Chakalos Appucznl = Notice of Intent � • Under the � "�h Massachusetts Wetlands Protection Act, G.L. c. 131, §40 MAY and 0 r 19 8 g Application for a Department of the Army Permit Ail P � o tp VV " Part 1: General Information 1. Location Street Address 339 -357 H yd ) LotNumber Lots 50 & 16 2 Pro;.c'. T ypo Institutional Descript ion - w ith on-site st ter detention pruvid d Storm ater outl at Beaver Brook adjacent to Haydenville Rd. _ 3. Registry: County Hampshire Current8c l 3079 1519 &Page 134,81 Certificate (It Registered land) 4 Applicant Sohn Chakalos Tel. (203)688 -59 Address 5 Overlook Dr. Windsor, Ct. 06095 5. r ope.y Ownpr William, Ryan,_Nglia TaSX_—_--.--__-- Tel. —_ - -- Address 3 57 Haydenvil1r, Rod d Leeds, Ma. 01053 6. Representative C.T. Male Associates P.C. Tel (414) 774 -7 248 Address 393 Main St Greenfield M 01'ln7 7. Have the Conservation Commission and the DEOE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes 9 No ❑ 3 -1 Effective 11/1/87 B. Have all obtainable permits, variances and approvals required by local by -law been obtained? Yes ❑ No Obtained: Applied For: Not Applied For ZSA Special Permit Mass. DPW Drive. (b) Inland'. 2) Bank' Land Subject to Flooding, Sewer Extension Mass. DPW 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G . c. 131, §40A or G.L. c. 130. §105? Yes ❑ No 10. List all plans and supporting documents submitted with this Notice of Intent. Identifyinp Number /Letter Tile, Date 2 11. Check those resource areas within which work is proposed: (a)® Buffer Zone (b) Inland'. 2) Bank' Land Subject to Flooding, ❑ Bordering Vegetated Wetland ❑ Bordering ❑ Land Under Water Body 8 Waterway' ❑ Isolated (c) Coastal: ❑ Land Under the Ocean* ❑ Designated Port Area* ❑ Coastal Beach • ❑ Coastal Dune ❑ Barrier Beach ❑ Coastal Bank ❑ Rocky Intertidal Shore' ❑ Salt Marsh ❑ Land Under Salt Pond' ❑ Land Containing Shellfish• ❑ Fish Run' • Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 3.2 12. Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map (it any) of rare, "state- listed' vertebrate and Invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES [ ] NO [,/j Date printed on ttibe Estimated Habitat Map issued NO MAP AVAILABLE [ ] (if any) �L.� S 8} If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery, so that the Program shall have received Appendix A prior to the Ming of this Notice of Intent? YES [ ] NO [ ] 3.3 Pert II: Site Description Indicate which of the following Information has been provided (on a plan, in narrative description or wicuta- tions) to clearly, completely and accurately describe existing site conditions. Identifying Number /Letter (of plan. narrative or calculations) Natural Features: 3 Bolls I Vegetation I Topography N/A Open water bodies (including ponds and lakes) I Flowing water bodies (including streams and rivers) 1 Public and private surface water and ground water supplies on or within 100 feet of site N/A Maximum annual ground water elevations with dates and Iooation of test 1 Boundaries of resource areas checked under Part I, Item 11 above _ Other Man -made Feature I Structures (such as buildings, piers. towers and headwalls) I. � 3 Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes N/A Subsurface sewage disposal systems I Underground utilities 1 Roadways and parking areas I Property boundaries, easements and rights -of -way Other Part III: Work Description Indicate which of the following information has been provided (on a plan, in naratt a desciobon or calcuta lions) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number /Letter (of plan, narrative Plainview and Cross Section of: 1 Structures (such as buildings, piers. towers and headwalls) 1,2 Drainage and flood control facilities, including culverts and open channels (with inverts). dams and dikes N/A Subsurface sewage disposal systems 8 underground utilities N/A Filling, dredging and excavating, indicating volume and composition of mi N/A Compensatory storage areas, where required in accordance with Part III, Section 10:57 (4) of the regulations N/A Wildlife habitat restoration or replication areas Other Pont Source Discharge 3 Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within resource area checked under Part I, item. 11 above. as supported by standard engineering calculations, data and plans. including but not limited to the following 34 310 CMR 10 99 Forth 8 Commonwealth - of Massachusetts MAP ID, 11 6 -50 d 6 -16 DEP 5ie rvo. 246- 202 1.. vmvnea w CEP, cn� 1a.c _ Northampton A.., e , Certificate of Compliance Massachusetts Wetlands Protection Act. G.L. c. 131, §40 NORTHAMPTON WETLANDS ?ROTECTION ORDINANCE From Northampton Conservation Commission Issuing Ailthortty Linda Manor Extended Care Facility To John Chakalos 349 Haydenville Road, Leeds (Name) IAaaress; Date of This Certificate is issued for work regulated by an Order of Conditions issued to John Chakalos cated. June 28 1988 � „ dissuedbythe Conservation Commissio It is hereby certified that me work regulazedby the above - referenced Omer of Conditions has been satisfactorily completed. 2. = It is hereby certified thatonty the toilowing portiansafthe-work regulated bymemove+efer- encedOrCerotC d'ifi=havebeerrs yconlOeted:IlttheCamficaMcf Comoiiance A3Q131 4 ]NTPW __ _ _ pG[pTTMSM a 3. Itisherebycettffiedtlt"e.Or rmautatedbyfheabov terencedOrdWCtCaM�bo was never commenced = The OrderatCandlons has laosedmd is thereforena longer vald No fume work subject to regWatiorrunder the Aatinay be consnertmi withouthlmc_ anew Nonce of Intent and recerAnga ri W Omeref conditions_ -. -- - - IL®veswceBBnq- 5 -1 Effecrce 11/10189 4 -his certificate shall be recorded In the Registry of 0eees or the land Court for the district in which the and is located. The Order was originally recorded on I at the Registry of Book .Page -he following conditions of he Order shall continue: (Setfonn any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) Issued by Northampton Conservation Commission Signaturels) When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this a y day of Seliti B' 19 () , heiore me personally appeare SOL9 /?off to me known to be the person described in and who executed the foregoing instrument arto acknowledged that he/she executed the same as his/her tree act and deed. We", M. PBIeeN z � Notary Pubtic NMARY PUBLIC In mmmiscion O.PIRe9 JAN. IB. low My commission expires detach on dened line and sudmit to the No thamnton C ti= Qgnini -o Northampton Conservation Co n isswng audwnry Please he awised hat me CamHwle of Camoeance torme molest az: Linda mgnor. 349 li 11e Road Leeds Poe numaer 246 - pas seen reoomed at the Registry of Hampshi C013t7 set ^_ nzz teen hales c . ^e Cain of zne c' me az oe = accem eh — "___a_,anc.. _ss,nmen.. _,. _e. .e.__eonues;ns ransacaanrs ^cs;erec�.ane.res_mem cumaer ..me.:eenh!res ^.sssar.:an ;coucant c.c Faun S OECE Re W. 246 -202 (To be pray by OECE) Commonwealth Gty,TO Northampton N r ,,� of Massachusetts Sohn Chakalos AVOliwit. Order of Conditions Massachusetts Wetlands Protection Act G.L c. 131, §40 From N,rthamytoh C Commission JOB Cha kalos William Ryan, No11a Tacy To (Name of Applicanq (Name of property owner) 357 Haydenville Rd. 52 Overlook Drive ____ Windsor, CT 06095 _ Addre ?ze ds, MA 01053 This Orders issued and delivered as follows: ❑ by hand delivery to applicant or representative an (date) LAX by certified mail, return receipt requested on June 2 8, 19 138 (da {e) This prajectis located a t 339 -351 Haydenville Rd., ?ze The property is recorded at the Registry of Hampshire Co. o.,..1 3022, 1512 _ P —. 134, 81 CerM!date (it The Notice of Intent for this project was filed on May 24 , 1988 (date) The public hearing was closed on June 13, 1988 Findings The Northampton Conservation Co has reviewed the above- referenced Notice of Intent and plans and has held a public hearing on the project. Based an the information available to the Conservation Commission at this time, the Conservation Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations far each Area Subject to Protection Under the Act (check as appropriate): ❑ Public water supply Q Food control Q Land containing shellfish Q Private water supply Storm damage prevention ❑ Fisheries ❑ Groundwater supply ❑ Prevention of pollution ❑ Protection of wildlife habitat 5 -1 Effective 11/1/87 Therefore, the Conse=ati on Commission hereby finds that the fallowing conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those nter- Setscheckedabove.The Conservation Commission orders that a0 work shall be performed n accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing condificas modify or differ from the plans, specfications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditfons 1. Failure to comply with a0 cpnditlons stated herein, and with all related statutes and other regulatory meas- ures- shall be deemed cause to revoke or modify this Order. 2- This Croer does not grant any property rights or any exclusive privileges: it does not authorize arty injury to private property or invasion of private rights, 3. This Crider does not relieve the permiftee or any other person of the necessity of complying with all other applicable federal. state or local statutes. Ordinances, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work s a maintenance dredging prcjec; as provided for in the Act: or (b) the time far completion has been extended to a specified date mare than three years, but less than five years, from the date of issuance and both that date and the special circumstances wananting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. G. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- one, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, Cues, ashes, refrigerators, motor vehicles or parts of any of the foregoing, 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, it such an appeal has been filed. until a0 proceedings before the Department have been completed. 8 . No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds Or the Land Court for the district in which the land is located, within the chain of tMe of the affected property. In the case of recorded land, the Final Crider shall also be noted in the Registrys Grantor Index under the name of the owner of the land upon which the Proposed work is to be done. In the case of registered land, the Final Cider shall also be noted on the Land Court Carff=te of Title of the owner of the land upon which the propcsed work is to be done. The recording information shall be submitted to the Commission on the fomu at the end of this Order prior to ccmmencement of the work 9. A sign shall be displayed at the site not less than two square feet or mare than three square feet in sae bearing the words, "Massachusetts Department of Emmonmentaf Quality Engineering, File Number 246- 202 10. Where the Department of Emvomnental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Decarmment- i l . Upon completion of the work descibed herein, the apptic2rt mall forthwith request in willing that a .- Certificate of Compliance be issued stating that the work has been smararcn, completed. 12. The work shat) conform to the following plans and spec:ar conditions: 5 -2 Plans: - Dated Signed and Stamped by: On Pile with: Title C; Male 4ssoci ates No rthanq� ton Health Care April rim Cara Campbell 393 Main St., 00 Box 1555 Facility 3 sheets Greenfi� Speeial Conditions (U. odditiaoal paVe if naesary) 1) All cons,- �ntian areas shall be restored to ar_3inal condition or becter upon campleCon of the project, including vegetation; 1 Ya =p =° vi.[ the .00 year Flaodplain nor within 100 Feet of a wetland area. as defined in C:an[er 171, Section, M.O.'., shall be permssable disoasal sites, unless otherwise approved by the Cansexvac:on Commission; .. washing into 3J Exca vated rateral and copsaii stocxpiies shall be located and stabilized sa as to mncaaze vet -'and areas or vatetways; 4) Adequate ransoms shall be taken to Pmvent erosion and si' -taCOn of all dist azees; 5j This Order of Ccaddtfans shall mPly t° any sancessor in incerast or sanc essar in control; 6) Members and agents of the (nnsaraaGan Commsssian shall 'have the right to enter and inspect the es e pzeaa to evaluate compliance vi.th the Canditians and to = ''te e the snbmit'a1 °r any data deemed necessary by the Carr,asion far that evaluation: Order a£ 7) (if chocked) Voon compLetian of the Pro ject, the Applicant shall submit a statement from the Project Pn C that all nark bas been done in cotiomarmce vi.th the nmvisions of the appraved Canditians. (A4 YES ( ) NO .............................. I..... •..••................ ..•.••.••..•. •.•• . . . �7eaae S p., e Monk) 5 -3A Special Conditions (continued) OEOE File No. 246- 102 8) the Applicant shall notify the Conservation Commission, in (ruing, as to the data that cork will be eo ®king an the project. Said uric.,¢¢ notification mutt be received by the Co no sooaar than ten (10) days and co later than seven (7) days prior to the commencement of the approved activity. 9) (if ch S ecked) the Applicant shall complete 'ad execute the attached AIIACM 4'ifI "A " /Np1TC.v OF p0SS WEIMA dESL ONOR Y.G.L. C. 131, S.40 relative to this project on the se parcel Said ALSACE ' shall be attached to, become a part of, and shall be filed Conditios at the y o{ Oeeds. ,it, this order Of A $ ag The Applicant shall return a copy of e completed sad co of A1^ -d l "A" to the Che Coonservation Ca�.esion when the bottom portion of Page 5 -4A o f this Order of Conditioiti- ns Of Conditions' is retin:ned. R y1 ( ) 'M 10) In order to prevent erosion and sedimentation, the drainage system, including retention Pond, shall be completed prior to construction of the rest of the project. 11) Energy dissipators shall be installed directly below the curb cut in the rear of the project sufficient to prevent erosion damage from runoff. Energy dissipators shall also be installed at the drainage outfall at Beaver Brook sufficient to prevent erosion damage to the bank and the brook. 5 -3H _ - Issued By_ Northampton Commission This Order must be signed by a majority of the Co rya6on Commission. On this 2 L yof Personalty appear. before me Person described in and who executed the foregoing instrument and lmowled to leaf he/she executed same his/her, free aM and deed. CHRIST.IVC ,.,�_;UPSKI NOTARY PUBLIC 6 G NY COMMIa520N EXP[A`c5 llbhp _ SEP=4AR My commission expires Theaobiicant. Ina ownx. arty Peraon aggnevetl by pro Cher. any awnxof lira adabmg ma ro d ulxm"or, me abbwed worku of Envwmmanrol ouauty Egeleenn ronaueas wincn9uch �d alai "hereby na,W of plea ngm ro realvt ma oediihim t Ne oeoarenemvrimin ter g uPeraetlmg Cnlef• aawdimt ms reauvt IS made by oer wm, a h.d Eetivaryb Jaya Iran pls Este at ixaunra of pnaddx. A why of ple rewvtatroY at mesama tlme be aem W clYtlRetl mail or nan delivery tb le CaroervaparCaartiayararp me appliganL Peuah on dotM1Q Ilm and wgnQ b 1M M wort. . Rave be aaviasd prof me brtbrof Cakfifkyro fortlro aapcp M Fib Number hvbeanrxaQatl azppflpokyaf and boa been naetl ro me chain of IRIS bl Ne of /acid aobereyin ac KaNrme wim GenarL CaMillat 9 an It mCardetl lantl. Ne ins[vment number whiU itlanEflv 19 th, banaecion n If reg�9la y land. ma document number wMaf rclenbfiea Ibm bansacpm iy_ 5 -SA C.T. MALE ASSOCI.. ES, P.C. The project site is a 10 acre parcel, predominantly meadow, abutted by residen- tial development along Route 9 and undeveloped land to the east. The ground slopes at 5% on average. Soils as mapped by the Soil Conservation Service are Paxton and Woodbridge fine sandy loam. The Beaver Brook crosses Route 9 ap- proximately 400 feet north of the site and receives runoff from the project area. Proposed development includes construction of a nursing home facility with as- sociated parking, access drives and landscaped areas. Approximately 25% of the _ 10 acre parcel will be rendered impervious by development. A stormwater detention storage basin is proposed to attenuate peak rates of runoff from the developed site to approximate predevelopment peaks. In order to maintain some of the overland drainage characteristics to the north, runoff from the rear portion of the developed site will be directed overland without detention. Runoff from the parking areas, access driveway and front portion of the building area will be collected in a system of catchbasins and drain lines and routed through a storage basin with restrictive outlet structure in the western site area. An easement proposed parallel to Route 9 will carry outflow to Beaver Brook via underground piping. Drainage calculations have been made based on the SCS TR -20 using HYDROCAD com- puter software. The design storm is a 10 -year frequency storm for drainage de- sign and a 100 -year frequency storm for detention as required by Northampton regulations. Output is attached. A two -level outlet structure is specified to maintain approximate calculated outflow peaks at existing levels. A 12" culvert will restrict outflow and cre- ate storage in the basin during a 10 -year storm, with increased storage up to a grate and gutter inlet for additional allowable outflow during a 100 -year storm. The computed peak rates of runoff are tabulated below. C.T. MALE ASSOCIA ES, P.C. Approximate Proposed Overland Pond Total Storm Existing Peak Peak Flow Outflow Developed Frequency (cfs) (cfs) (cfs) (cfs) Elev. 100 yr. 29.5 19.2 10.5 29.7 400.7 10 yr. 15.1 cfs 11.0 5.7 16.7 399.8 Conclusion On -site storage is provided to attenuate calculated developed peak rates of runoff to approximate existing peak rates for 100- and 10 -year frequency storms. Outflow from the site is to be divided with the majority released overland and the remainder piped to Beaver Brook. C. T. MALE ASS& TES, INC, foe Engineers, Surveyors and Planners SHEET NO —. or P.O. BOX 1555 GREENFIELD, MASSACHUSETTS 01302 CALCULATED CY Sef- DATe (413) 7747246 cnecrceo av onTe ECALEJL�� fMilie `�' / Hn�do�T �Ilc �' rse TT fi k 9�T F H�, y - , 'r, e zIz c ) i Tq i rol T � L OI . A �ro IT \' '� �J of A I o — rcaf. n � �- '� . � T// / � � �l -f10 ✓y�4� A e 1 Y � Geta for CHRKPLOS, NHP� ON. MA ay - =_ Prepared d C. T. MPLE PSSCCIPTES .- H�-droCHO r=_ ' 7/E7 :c) 192E P1 d M ^ -u +Er Svste�s 100 VEaR 5* pR CP= 70 _ CC SUBCRTCHMEf1T 2 RU!JOFF 0 0 SLOPE= PFESEHT FFEh 2 % RFINFPLL= 6.4 �GY � 7 MINUTES PEPK,= [.7 CFS @ 12. @E Hp's a RPEF= aC r f S TF -2E , HULI I 4 r � T';PE III 24—HOUR cTnr. Pa F i 1 PFIITirRLL e 9 7 1 0 U � PERK= E —0 HF _ TINE (hour�i _ SUBCRTCHMENT 2 PERCENT CP= 70 ' CC 71 0 0 0 0 too 7S PRESENT AREA 2 NREP= ,75 HCRES SCS TR -20 METfi00 LENGTH= 300 FEET TYPE III 24 -HOUP, STQRiM SLOPE= 4.0 % RFINFPLL= 6.4 INCHES T, 7 MINUTES PEPK,= [.7 CFS @ 12. @E Hp's VOLUME= —1 AF [z'_a for CHRKFlLOS, NHPM; LN,MR Page r. '.e -armed hL C. t� 19gG n�o.ie� .HTi-HI'1F f -!7 ] 1 1 , ] 4FF F FE'3EPiT :: EER I HFER= ' - .4 FiI r! F I Cr I I'M11 Ia 5 Tr. 20 1IETHIIZ TYPE i!I 24 Hi)HP T !RM FRII ;rHLL= F. =1 IN — P, PFNI _ L r 7�.14 r . r t CiF ca Til;E !, riCUY'"} i _ SUBCATCHMENT I PRESENT AREA 1 FcF =E. f;T;N °- 7" NRe N= ',,4P HCRE� Ste.=. TF -�P, HETHJD E. 71 LEN9TH 9 00 rEET IYFE IJi HUJ +I 5 .. C .. ',LIFE- 5.f % REIN =HLL = 6.4 lw.NE'- C E T.- I MINUTES FErT, ..20 0 0 1.19 Hit — imc 1 _ UoL!UI'E= 7 .eE H -E Date for CHFKRLOS, NHAMr,ON,MR Prepered try- C.T. MIN E fiPSGCIRTEL Face 9 rev. 3/ 7 7 (c) iSe6 P limed ry.�� C P,-- E8 - _.oaom uter 5-stems SUBCRTCHHEN7 3 PUNC)F F'F'ES RPER ;. 4.D� J1 it RRER= 5 CPd= ? ] Tc= 4 TR - 2C METHOD " © I TYPE III 24 —HOUR STOFV, RRINFRLL= ..4 IP j I 1 y i.p 1 PERF,= 4.5 CF lc.C] HRS 5 VOLUME= _ 3 RF C.0 L z � - — ,�" ai CID CU TIME (hours SUBCRTCHMENT 3 PRESENT AREA 3 FEPCEMT GN 103 0 71 'REP= .20 ACRES 0 LENGTH= 123 FEET EC6 TR -20 h`rETHOG 0 0 SLOFE= 4.0 TYFE iII 24 -HOUR STORM 0 0 T 4 % RAINFP,LL= 6.4 INCHES 100 71 MINUTES FE'V,= 4.5 CFS O 12.01 HRS — VOLUME= .30 RF 5ata fir CHAKALOS, NHfiM, JN.ME G . ; -, 1'c YLrF S'. 3 Y. SCS TR -20 METH00 - TYPE III 24 -HOUR STORM RRINFALL= 4.4 INCHES cu -CfiT PF.En -------- FJ'JL[ -L .'EP -- -- WS1'E I D4 S' n: Tc FES. d_r Eye '.EFIE) D — „ cei C1J CPa (FT _ � - __- 3L_ 0 0 0 SUMCRTCHMENT Z PRESENT RRER Z FERC'F Pk 7@ 9nEJfi° ._C NCFES SE I� M Z FT-OP 7 LEN, 02 FEET 7Y =E ;:� HOF SLIP, C SLOPE= 4.12 % hE.INFELL= 4.4 -,1 E= 0 0 - 7 M,Nu PEfiP - Fa h 12.; rr; V li�LUME= nF PUE'-HTL.Hi ENT c 7U[I' -FF FRESE' HFFF L .. �. 2� T, — 1 I T i . C'. 1 STS Tk -2P ;1ETW T ''(FE 1 P - T LIP[ "I I ti li ERT [IF F L= a `, TI HR- F ;LLj1 L . I IL R SOS TR -Z0 METH00 - TYPE III 24 -HOUR STORM RAINFALL.= 4.4 INCHES eI eREi: -- CFOIWd ,FPS -- - "IMe CN C=J % CN CM1 _I =� tN Ir, 7_ rF5i I T -4N _ - el 71 0 0 0 0 CC E60 4.Lv- 1 'I.4 HTCI -.'T i F;1 IJFIF P 'EEEII- FiF'1 FI _ 11 i1 6 Gat�`�r CHRHRLOS, NHu,'TON,MH .4 Fj rTFS L_ 1 Mi1'J M 1 r °v_ SUBCRTCHMENT 1 PRESLNi AREA 1 I iET HILI hi FE C CH - 9 - ftFc4= ,52 F7PE3 i 9` _ E`JEI- EC 'F, ;TI _I HO'dF — Fr � U __IPe= 4.0 ie 4rtiNFR =L= 4.4 1 v HE-' __ = T_= l3 MINUTE ;.Z� CF_ � 12.1 4 HPS Ir 'dO.,U "IF HTCI -.'T i F;1 IJFIF P 'EEEII- FiF'1 FI _ 11 i1 6 .4 Fj 1 Mi1'J _ + I �Cc T F E 'F ' I iET HILI hi - IIT 2 =l H_ ^ LF TI,HM i F E: F = I 4 I. F =; Ir — TI11E ihours; _ SUBCA9 CHMENT 3 PRESENT PREP 3 PEkC i @2 .1 Ap'c P.= 1.2p, HCPES SCE TB -22 Me -, H6G — n, C LFM1G F= 1 22 FEET S'tPL ?II 4 HO TIJF'^. S U StOFE= 4.0 9 EFITNF(LL= 4.4 IN3HES _P Tc= 4 MIJUTES Em?= _. CFE O — 10U 1 VOLCME= � n.- C_t =_ for CHRKRLOS, NHr, ,ON,MR p� -_ �, �L, F?CHTi_�I "LI:I i � F!Li'rl iiLL _ r — CS Ic? lFl f ^ETF' iL' ❑ i.� — i� r't III 4 CU -ET,,-II! L,16dLhLL° F PER,_ _LL P i 2 P�-s .4 T ihc,.ars` mte For CHFKFl. 05,PROFV�FD CONDTTIONS 4 I, rc a c �U ic T _ - ,:. DETENTION POND 7.e0 DETFNI10N POND -.T;CI CIE .3 r "Ji r I r F C' -,� 12" CULVERT Z' PkOAU- CRESTED WEIR '. i. FEET 7 P -.2 F.0 c 2 E. EA ..._ _j ... E.- �.7 __P !C-- �.t Gete Pcr CMK6LO5,PROf _ cD CONDITIONS - -__ F i_ 2'. "TEE - J Fii• +D E P, _ .ETFIIT C' DL I LI'f' Ti iP�i = 'TIti] 4D1.F�� - -- J E'; H �J � E: — JS CY _ DT Gi-ITi`F -s _ DFTE1 1l 1 r I. L:, 1- 7 'JFL 1 . .. I �J FDUt FF 1 --T,R �>1 , IETHFT>J .6k _ - 7 ` F F'F �,P F cc, D r E_ L _ l., — I''IF 11 .. ",i D , Ti, CMV,(RLOS,PROPO „ tiJ CON➢ITION` Face 3 r i.r`Itq 1 „ 995 .__ -- -_ .__ = - - - - - -- - -- SCS TR -20 NETHOO - TYPE III 24 -HOUR STORM RRTNFRI.. L= 5.4 INCHES E L-” PRE, ____ C.nU>JC I -. - W T' LE, 4 0-E Tr oEH, rl� FCRE) % .N I N CJ CN /F LF, ..7c C © C ,. E7 4'0 ..e 5 . Irc 1 0 0 c c 0 0 0.0 E 0 C z '> 0 c 0 c c 0 74 c; e ..? z. 0 4 c_ 1cc i 0 a 0 0 n c a.0 t I.� _ ..o 33 ' 4 E 5L 0 0 P 0 W C 0.0 E 6 0 c 0 v c it 0,0 E 4.- - 4 E_' 9G c 0 0 S .75 4< "4 59 9'i; 0 0 0 0 b'r, ?5 ...c 4 ._ B _ 1 0 0 N u 9S c C.0 IC .2J 100 9:_ 0 0 uT 0 © c,7 0c T1 0 0 0 0 0 0 341 4 . c S.e 4 110 ,I 0 0 0 0 0 0 I c 7 0 -. ©c 0 0 c 0 c E ,4 .ce 10c 0 " m 0 0 0 °e 0 0,0 e .s E V� 1 0c sE 0 0 c, 0 0 c 0 0 .0 s Oe'.a fn^ CHAKRLOS,PROPoAD CONDITIONS - -_ �- - Li_. FEA�F+. I is 9'. „ - - -_ -- - _ -_ _ -- -- : -- REACH ROUTING BY STOR -INO METHOD PEPCH 6o S7 f;E °Emi ( i pr 1¢9. O: "ii WIOTR .'LPTd SLOPES n 1FIVGTH � .,FE VEI. =F1E Q__. - il. lFl '_ (F') iF (rT) (F ;! _FP c.¢ C.,, 0.0 0.mc 0.0c .01 :cc IL C 0.0 O.Q 0.00 "'e .0i2 _ 1 0.0 O.0 C.00 0." .212 40 .'z10E 5.4 �.., �.9 ¢.e ¢ c O'C' 0,cc .e1- 1c .710 - 6 2,0 0.0 c.9 0.00 0.0C 0102 4.6 I S 24.0 0.0 C C 0.02 P l'2 .01 SD F_(�0 70.E ft 13 S ., 1?.0 0,0 0.'0 0.©E 0,20 .011 GO 0209 _ IZ.O e.P: E.P 00.02: ©.CF .2'2 gE .01, S.E z,v m.c 0.0 0.20 9.Gc .01 .010@ " a - q.c 9.0 ".e C:,ec 0,cc .�I: -G2 .2 c:' e.G a F. e.2 m.c.c C.ce .21 1H= cr E. 3_ -.e X. C, o,0 F 2 c.ma 2.rc .21 4 -c j eea IS �I. I . for CHPK AL OS,PROFOSED CONDITIONS _ — reG_ ^e= t. -. - -Lr Vic, _ — F — DETENTION POND 200 DETENTION POND _ F CBE, E do- El r _; c _ FT ((f ! — _.. Frr. I r, — _ .( 0.0Z e., Ci ('l. Ql 4 00.0 .Ic - d.0 rL�.O —� 4C�.0 4, a _ S — .�., e.J e FT, °J >. 0.f r.c 0.0 0O IN uLIT= 'C FL__._. L 220' - ,34 "i' Cc _ 4CJ .4+ 2 6HOFID CRESTED WEIR o F'� L m. - . "© _.� c.- iE - Ic - _ LWRICPLO5,PR@ _.,ED CONDITIONS - - LIFT II. 1 'l F'i_'iU _ I. PL . SF� -FE T C riE If ='. 3':1ti, _ L' HiTFTiT r - urs � — P= �CiiTi2C iLI Gtl 1 1 - U II .,_ _-.� L_ 7D.-F 7 D. - F I'I FJ' ` - -T_ ' EI "IETHLITI i '- LF, SET I F LT — TIKE oecessery (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part 1, Section 10.02(1) (a) of these regulations, or (b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the performance standards established for the adjacent resource area specified in Part II or Part III of these regulations. 0oes,ai o or oocumen Resource Are -Tyne Bordered eY 100 Fool q retonery Zone' I kleneymq numder w ie ner I W u is inland liank The proposed pipe installation will alter the integrit of the bank temporarily. The bank will be reconstruct after installation. To insure that the proposed work will not alter the resource area, siltation barriers will be constructed in order to prevent siltation. Siltation barriers will be maintained until the veg- etation stabilizes. 3 -6 Gleziy, ccmpletel� and accura[ely descnbe, with cie•ence to plans and calculn(Uns vfiere Part V: Additional Information for a Department of the Army Permit 1, COE Application No. Z. (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: 4- Document olhei project alternatives( i. e., ether locations and/or construction methods, partfaulariy t'.osa that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. 8'h" x i 1 " drawings in planview and cross - section, showing the resource area and the proposed activ fly within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal permit can be issued. Certification may be obtained by contacting the Division of Water Pollution Control, t Winter Street, Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of Nis information is voluntary, however, if necessary information is no! provided the application cannot be processed nor can a permit be issued- I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans. documents and supporting data are true and complete, to the best of my knowledge. 16 �ll Signs a of Applicant Date T PK4L£ 45so SSG �8Y i Signs ure of f Applicant's Representative Date FORM 'it. ,. to ENC 1`,,..345 av,. d b NGUSACE. a w.1` 31V WED 100 (TEST) , 1 MAY 82 'Tn�. e.....,.1` ...,.�.� . 1` „ t O.pvun 1` ro <r , A.r ...e s1`. If w... , .n. „,,,PP � , -i1` , on F” . P.,mi 1`..n,.. P ., ...... . P .,m,a ..,�.�, �.. it u.nd 51`.1`,...1`... 1`h, 011— .r M.n.l, a. ^% .ne eeeP.mrONel hit .PP .... e bob, a...u.n... a ,.e by 1`h. us A, Cl, .r F.,— ,. OMB N—b., My t03e .ne ..Pn.ban e.0 .r 30 1.P1`.wb.. 1163 .PP:,.: Th,. .1.l -1` .ill n...1` n E E.,.f qw. 3.7 City of Northampton -- Wetlands Application This form is required for all applications filed under the Northampton Wetlands Ordinance File with the Office of Planning and Development, 210 Main Street, Northampton, MA 01060 We recommend applicants consult with the Land Use and Conservation Planner (587 -1263) before applying 1. Check what kind of permit you are requesting ® Request for Determination of Applicability (WPA form 1) Notice of Intent (WPA form 3 or 4) Abbreviated Notice of Resource Area Delineation (WPA form 4A) 2. Property Street Address Route 9, Grove Av and 28 Evergreen Ro ad, Northampton (Leeds) Assessors' Map, Parcel: 6 - 16, 20, 58, 21Assessors' Map, Parcel: 5 -6, 7, 12; Ma p 11A, Parcel 3 and 19 Additional Property Description: 60 acres including land at 28 Evergre Road 4. Check the items enclosed. Your application will not be accepted if any items are missing. FX The appropriate completed Massachusetts DEP application www.inass.jzov/dep/bro/Nvw/wwforiiis.htiii f - X Completed versions of this Wetlands Application and Notification to Abutters form J Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments) f - X All plans folded (not rolled) and collated with each application packet f — For Notice of Intent applications only, the following: ❑ Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal Form PLUS $105; and ❑ Separate $75 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee; and ❑ An Abutters List of all property owners within at least 100 feet of the property line of your project. Abutters lists may be generated at www.NorthamptonPlanning_org (click on abutters list). Computers are available at Forbes and Lilly Libraries. f X For Request for Determination and Notice of Resource Area Delineation applications, a check to the "City of Northampton" for $85. F - X A #10 business envelope addressed to the applicant. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. i Boundary of entire lot and notation of lot area f - X Context of adjacent lots, if necessary to show extent of wetland/riverfront resource f - X Numbered wetland flags IX Existing and potential vernal pools J 50' AND 100' wetland buffer I Mean Annual High Water line, for riverfront permits N/A I— 100' inner riparian zone AND 200' outer riparian zone, for riverfront permits N/A Page 1 of 4 • (X Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas rX Edge of Vegetation accurately measured or surveyed F Significant (8 "+ DBH) trees within the 11 n{i t of work area that are also within the 200' riverfront area, wetland, or 100' wetland buffer N% � (X 2' contours r Elevations in feet (not meters), for projects within the floodplain Q Zoning setbacks r 1:20 scale, if possible 6. If new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. rX Grading /proposed new contours Q Hardscape (ie: footprint of house, driveway, walkways, terraces, etc ?) r Any removal of vegetation and significant trees within the riverfront area, wetland and buffer N/A F Landscaping and plantings within the riverfront area, wetland and wetland buffer N/A r Location of erosion control barrier FX Limit of work line f` XUtility lines rXStonnwater management (use DEP formw mass .gov /dep/brphvw /wwforms.htn>) if required (— Wildlife assessment if the site is in or near a habitat resource area based on NHESP maps, Northampton Potential and Certified Vernal Pools map or otherwise required by the Act or Ordinance. {`XAt the same scale as the Existing Conditions Site Plan Page 2 of 4 0 7. We have provided and requested information and believe and understand that (initial each item below): [g Application deadline is one calendar month prior to a public hearing. If the application is incomplete or waivers are requested, however, the public hearing may be delayed; N We will check for the date and time of our public hearing at www.NorthamptonP]anning.org or OPD voice mail (587- 1266). Such notice is posted by the Monday 10 days prior to the public hearing; ® The Conservation Commission may request an alternatives analysis for work proposed within the buffer zone of a wetland; [3 The Conservation Commission and their representatives have permission to enter the property; [NAll documents and plans submitted are in the public domain and may be copied freely in any form; and The City will record wetlands Orders of Conditions at the Hampshire County Registry of Deeds. We certify, under the pains and penalties of perjury, that e , Je conpletzd Abutter Notification form ° t et. to �0 L A b ✓tr 1 i ,•�AJI 8. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT: We certify, under the pains and penalties of perjury, that PRIOR to make this completed Abutters Notification form by certified mail (return receipt requested) to?� Patrick J. Melnik and Applicant (print or type): John j . Hanley, Applicant Signature: Trustee Address: 110King Street Applicant Phone: V � Owner P l tt 4w -Pa Ma 0 Owner Signature: ai'rick J. . Melnik and Address: John J. Hanley 110 King rept Owner Phone: (413) 116750 Northampton, Ma 01060 n we have sent the the Abutters List. Page 3 of 4 • Northampton Conservation Commission Public Hearing Notice Subject to the Northampton Wetlands Ordinance and /or the Massachusetts Wetlands Protection Act A. The name of the applicant is: Jolui J. Hanley and Patrick J. Melnik B. The applicant has filed a Notice of Intent, Abbreviated Notice of Intent, Request for Determination or Abbreviated Notice of Resource Delineation with the Northampton Conservation Commission, and is seeking permission to remove, fill, dredge or alter an Area Subject to Protection, or within 100 feet of an Area Subject to Protection, under the Wetlands Protection Act (MGL C. 131, §40), and the Northampton Wetland Protection Ordinance. 16 C. The location of the property where the activity is proposed is: 6 - 6 - 1, 20, 58, 21 and 19 Street Address: Route 9, Grove Avenue and Map and Parcel: 5 -6, 7, 12 and 11 A -3 ergreen Road nd D. The application may be examined at the Office of Planning and Development, 2 floor, City Hall, 210 Main Street, Northampton, between the hours of 8:30 AM and 4:30 PM, Monday through Thursday. E. Copies of the full application may be obtained from (check one): Applicant ❑ Representative ® Other by calling (41 3) 584 -6750 _ between the hours of q . 00 and �nn on the following days of the week: Monday through Friday The fee for a copy of the application is: F. Notice of the Public Hearing, including date, time and place, will be available at least one week prior to the public hearing at: 1. The Office of Planning and Development's voice messaging system at 587 -1266; and 2. w ww.NorthamptonPlanning.org under the public notice /meeting tab; and 3. In the Daily Hampshire Gazette legal ads. The Northampton Conservation Commission generally meets on the 2n and 4` Thursdays of each month in Hearing Room 18, located on the 2" Floor of City Hall at 210 Main Street. Notice of the public meeting, listing all hearings, including the date, time and place, is posted in City Hall at least forty -eight (48) hours in advance of the meeting. You also may contact the Department of Environmental Protection Western Regional Office for more information about this application or the Wetlands Protection Act at: (413) 784 -1100. Page 4 of 4 Massachusetts Department of Environmental Proton Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. reb &A A. General Information Applicant: John J. Hanley, Trustee of Beaver Brook Nominee Trust and Patrick J. Melnik 110 King St. Mailing Address Northampton City/Town 413 -584 -675 Phone Number 2. Representative (if any): Patrick J. Melnik Firm Contact Name melnik(aD,verizon.net E -Mail Address Ma 01060 State Zip Code 413- 584 -6789 Fax Number (if applicable) pmelnik @verizon.net E -Mail Address Ma 01060 State Zip Code 413 - 584 -6789 Fax Number (if applicable) Mailing Address Northampton City/Town 413- 584 -6750 Phone Number B. Determinations 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 ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Page 1 of 4 wpaforml .doc • rev. 07/14104. Massachusetts Department of Environmental Prolkion Bureau of Resource Protection - Wetlands City/Town L��i 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): Route 9 and Grove Avenue Street Address Maps 6- Parcels Number 61, Assessors Map /Plat Number Northampton City/Town Map 5, Parcels 6,7,12 and Map 11A -3 Parcel /Lot Number b. Area Description (use additional paper, if necessary): 60 acres of land located between the Mill River, Beaver Brook, Route 9 and Grove Avenue and Evergreen Road. One of the properties involved is number 28 Evergreen Road. The work is to be done on the upland portion of the site at 28 Evergreen Road, off Grove Avenue and the upland area adjacent to Route 9. c. Plan and /or Map Reference(s): Build out and Open Space Plan for Beaver Brook Estates Title Plan Prepared for John J. Hanley Trustee of the Beaver Brook Nominee Trust by Heritage Surveys Title Date Date Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Two multi unit buildings to be constructed off Route 9 as a stand alone cluster. Six Houses with frontgage on Route 9 to be built on via common driveways accessed from Evergreen Road and Grove Avenue. A 19 Unit cluster development to be constructed with new road access from Evergreen Road. Water, sewer and residential utilities to be installed underground as shown on the plans. Two storm detention basins to be constructed. Two common driveways and bikepath connector to be constructed. All new construction and house locations are as shown on plans. Conservation zone and no disturbance zon shown on plan. Existing Building at 28 Evergreen Road to be removed. wpaforml.doc • rev. 07/14/04. Page 2 of 4 Massachusetts Department of Environmental Pro *on Bureau of Resource Protection - Wetlands 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). None 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 Department of Environmental Prootion Bureau of Resource Protection - Wetlands City/Town L� i 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. I 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: John J. Hanley, Trustee of Beaver Brook Nominee Trust, 180 Riverside Drive, New York, New York and Patrick J. Melnik, 110 King St Northampton, Ma. 01060 c/o Patrick J Melnik 110 King St Mailing Address Northampton City/Town Ma 01060 State Zip Code Signatures: I also under and that notification of this Request will be placed in a local newspaper at my expense in accord a with Sectio 0.05(3 (b)(1) of the Wetlands Protection Act regulations. April 15, 2005 S natur of Applicant Date April 15, 2005 Si nature of Representative (if any) Date wpaforml.doc • rev. 07/14/04. Page 4 of 4 ■ 0 City of Northampton -- Wetlands Application This form is required for all applications filed under the Northampton Wetlands Ordinance File with the Office of Planning and Development, 210 Main Street, Northampton, MA 01060 We recommend applicants consult with the Land Use and Conservation Planner (587 -1263) before applying 1. Check what kind of permit you are requesting © Request for Determination of Applicability (WPA form 1) Notice of Intent (WPA form 3 or 4) Abbreviated Notice of Resource Area Delineation (WPA form 4A) Property Street Address Route 9, Grove Av and 28 Evergreen Ro ad, Northampton (Leeds) Assessors' Map, Parcel: 6 -16, 20, 58, 21Assessors' Map, Parcel: 5 -6, 7, 12; Ma p 11A, Parcel 3 an 19 Additional Property Description: 60 acres including land at 28 Evergre Road 4. Check the items enclosed. Your application will not be accepted if any items are missing. (X The appropriate completed Massachusetts DEP application www. mass .gov /dep/brp / /wwforms.htni ( Completed versions of this Wetlands Application and Notification to Abutters form X Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments) I`"X All plans folded (not rolled) and collated with each application packet I For Notice of Intent applications only, the following: ❑ Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal Form PLUS $105; and ❑ Separate $75 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee; and ❑ An Abutters List of all property owners within at least 100 feet of the property line of your project. Abutters lists may be generated at www.NorthamntonPlanning,org (click on abutters list). Computers are available at Forbes and Lilly Libraries. F For Request for Determination and Notice of Resource Area Delineation applications, a check to the "City of Northampton" for $85. IX A #10 business envelope addressed to the applicant. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. j X Boundary of entire lot and notation of lot area ('X Context of adjacent lots, if necessary to show extent of wetland/riverfront resource I"X Numbered wetland flags J' X Existing and potential vernal pools j 50' AND 100' wetland buffer I Mean Annual High Water line, for riverfront permits N/A I 100' inner riparian zone AND 200' outer riparian zone, for riverfront permits N/A Page 1 of 4 `� fix Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas (X Edge of Vegetation accurately measured or surveyed (— Significant (8 "+ DBH) trees within the 11ru t of work area that are also within the 200' riverfront area, wetland, or 100' wetland buffer N/A rX 2' contours (-" Elevations in feet (not meters), for projects within the floodplain ( Zoning setbacks (— 1:20 scale, if possible 6. if new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements in the space provided, with a reason for the waiver request. fX Grading /proposed new contours rX Hardscape (ie: footprint of house, driveway, walkways, terraces, etc ?) r Any removal of vegetation and significant trees within the riverfront area, wetland and buffer N/A (— Landscaping and plantings within the riverfront area, wetland and wetland buffer N/A (-" Location of erosion control barrier F Limit of work line f lines ( management (use DEP fonn www.mass. 70�, v /dep/brphvw /wwforms.htrr>) if required (-" Wildlife assessment if the site is in or near a habitat resource area based on NHESP maps, Northampton Potential and Certified Vernal Pools map or otherwise required by the Act or Ordinance. FXAt the same scale as the Existing Conditions Site Plan Page 2 of 4 0 e ) rt. L, j4A- 7. We have provided and requested information and believe and understand that (initial each item below): [M Application deadline is one calendar month prior to a public hearing. If the application is incomplete or waivers are requested, however, the public hearing may be delayed; IN We will check for the date and time of our public hearing at www.NorthamptonP]anning.org or OPD voice mail (587- 1266). Such notice is posted by the Monday 10 days prior to the public hearing; ® The Conservation Commission may request an alternatives analysis for work proposed within the buffer zone of a wetland; [X The Conservation Commission and their representatives have permission to enter the property; [NAll documents and plans submitted are in the public domain and may be copied freely in any form; and The City will record wetlands Orders of Conditions at the Hampshire County Registry of Deeds. ' [n} We certify, under the pains and penalties of perjury, that a r 'J U completed Abutter Notification form ia-&i off our propel ty so as t c i aa . si1 r *tie Rtw 8. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT: We certify, under the pains and penalties of perjury, that PRIOR to make this applic ion we have sent the completed Abutters Notification form by certified mail (return receipt requested) to butte n the have List. Patrick J. Melnik and 4^'' Applicant (print or type): John J. Hanley Applicant Signature: Address: Trustee 110 King Street Applicant Phone: Owner �g (4qW�:on Na 01060 Owner Si nature: Patrick J. Melnik' and g Address: John J. Hanley 11 0 King StrPPt Owner Phone: (413) 5 Northampton, Ma 01060 6750 Page 3 of 4 • Northampton Conservation Commission Public Hearing Notice Subject to the Northampton Wetlands Ordinance and /or the Massachusetts Wetlands Protection Act A. The name of the applicant is: John J. Hanley and Patrick J. Melnik B. The applicant has filed a Notice of Intent, Abbreviated Notice of Intent, Request for Determination or Abbreviated Notice of Resource Delineation with the Northampton Conservation Commission, and is seeking permission to remove, fill, dredge or alter an Area Subject to Protection, or within 100 feet of an Area Subject to Protection, under the Wetlands Protection Act (MGL C. 131, §40), and the Northampton Wetland Protection Ordinance. lb C. The location of the property where the activity is proposed is: 6 - 6 - 1, 20, 58, 21 and 19 Street Address: Route 9, Grove Avenue and Map and Parcel: 5 -6, 7, 12 and 11 A - 2 14 1 Ever- reen Road � D. The application maybe examined at the Office of Planning and Development, 2 floor, City Hall, 210 Main Street, Northampton, between the hours of 8:30 AM and 4:30 PM, Monday through Thursday. E. Copies of the full application may be obtained from (check one): Applicant ❑ Representative ® Other by calling (41 3) 584 -6750 between the hours of 9 , 00 and 4. on the following days of the week: Monday through Friday The fee for a copy of the application is: F. Notice of the Public Hearing, including date, time and place, will be available at least one week prior to the public hearing at: 1. The Office of Planning and Development's voice messaging system at 587 -1266; and 2. w ww.NorthamptonPlanning.org under the public notice /meeting tab; and 3. In the Daily Hampshire Gazette legal ads. The Northampton Conservation Commission generally meets on the 2 nd and 4` Thursdays of each month in Hearing Room 18, located on the 2 nd Floor of City Hall at 210 Main Street. Notice of the public meeting, listing all hearings, including the date, time and place, is posted in City Hall at least forty -eight (48) hours in advance of the meeting. You also may contact the Department of Environmental Protection Western Regional Office for more information about this application or the Wetlands Protection Act at: (413) 784 -1100. Page 4 of 4 Massachusetts Department of Environmental Proton Ll' Bureau of Resource Protection - Wetlands City/7own WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. teb Applicant: John J. Hanley, Trustee of Beaver Brook Nominee Trust and Patrick J. Melnik 110 King St. Mailing Address Northampton City/Town a1g -575 one Number 2. Representative (if any): Patrick J. Melnik Finn Contact Name 110 King St. Mailing Address Northampton City/Town 413- 584 -6750 Phone Number pmelnik @verizon.net E -Mail Address Ma 01060 State Zip Code 413 - 584 -6789 Fax Number (if applicable) pmelnik @verizon.net E -Mail Address Ma 01060 State Zip Code 413 - 584 -6789 Fax Number (if applicable) B. Determinations 1. 1 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: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Page 1 of 4 wpaforml AM • rev. 07114104. i r - Massachusetts Department of Environmental Proftion Bureau of Resource Protection - Wetlands City/Town L��i 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): Route 9 and Grove Avenue Street Address Maps 6- Parcels Number 61, Assessors Map /Plat Number Northampton City/Town Map 5, Parcels 6,7,12 and Map 11A -3 Parcel /Lot Number b. Area Description (use additional paper, if necessary): 60 acres of land located between the Mill River, Beaver Brook, Route 9 and Grove Avenue and Evergreen Road. One of the properties involved is number 28 Evergreen Road. The work is to be done on the upland portion of the site at 28 Evergreen Road, off Grove Avenue and the upland area adiacent to Route 9. c. Plan and /or Map Reference(s): Build out and Open Space Plan for Beaver Brook Estates Title Plan Prepared for John J. Hanley Trustee of the Beaver Brook Nominee Trust by Heritage Surveys Date Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Two multi unit buildings to be constructed off Route 9 as a stand alone cluster. Six Houses with frontgage on Route 9 to be built on via common driveways accessed from Evergreen Road and Grove Avenue. A 19 Unit cluster development to be constructed with new road access from Evergreen Road. Water, sewer and residential utilities to be installed underground as shown on the plans. Two storm detention basins to be constructed. Two common driveways and bikepath connector to be constructed. All new construction and house locations are as shown on plans. Conservation zone and no disturbance zon shown on plan. Existing Building at 28 Evergreen Road to be removed. wpaformi.doc • rev. 07/14/04. Page 2 of 4 Massachusetts Department of Environmental Protbion Bureau of Resource Protection - Wetlands 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). None 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 Department of Environmental Prottion Bureau of Resource Protection - Wetlands City own 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. I 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: John J. Hanley, Trustee of Beaver Brook Nominee Trust, 180 Riverside Drive, New York, New York and Patrick J. Melnik, 110 King St Northampton, Ma 01060 c/o Patrick J. Melnik 110 King St Mailing Address Northampton City/Town Ma State Signatures: 01060 Zip Code I also under and that notification of this Request will be placed in a local newspaper at my expense in accordae with Sectiorv90.05(3)(b)(1) of the Wetlands Protection Act regulations. Applicant April 15, 2005 Date re of Representative (if any) wpaforml.doc • rev. 07/14104. April 15, 2005 Date Page 4 of 4 brest Cutting Plan Id Notice of Intent under Mass. General Laws, iapter 132 - the Forest Cutting Practices Act. For DEM Use Only: File Number: Date Recd: Earliest Start River Basin: Ch. 61? Nat. Her.? Pub. Dr. Mr.? ACEC? Location Town Northampton (Leeds) Road Route 9 & Leonard Street Acres 32 Proposed start date 1/15/99 Vol. MBF 194 Vol. Cds 101 Vol. Other Landowner Landowner name Beaver Brook Trust Mailing address 110 King Street Town, State, Zip Northampton, MA 01060 Phone 584 -6750 Chapter 61? N o Mgmt. Plan # Est. stumpage value? Preparer of Plan Licensed Timber Harvester* Person other than landowner preparing plan: Firm name Individual name Karl Davies Mailing address POB 601 Town, State, Zip Northampton, MA 01061 -0601 Phone 586-0825 Firm name Individual name Mailing address Town, State, Zip Phone License No. * This information may be supplied after plan approval. Stream Crossings Indicate location on map: SC-1 SC-2 SC -3 SC-4 Type of crossing BR CO Corduroy OT Other MU Mud PO Poled Existing structure ? NO OT Other HB Hay bales Type of bottom: ST Bank height ft.: 1' Stabilization: 1C0 Wetland Crossings Indicate location on map: WC -1 WC -2 WC -3 WC -4 Length of crossing ft. 80' CO Corduroy OT Other MU Mud PO Poled Mitigation FRDR OT Other HB Hay bales Stabilization CO Filter Strips Indicate location on map: I FS-1 i FS -2 I FS -3 I FS -4 Width (50', 100' or VAriable)' VA VA Refer to regulations for information regarding variable filter strips. : s Indicate location on map: HW 1 HW -2 HW-3 HW-4 Forest Win fswpapp We . WK5 CO Corduroy OT Other MU Mud PO Poled Acres to be harvested: 6 OT Other HB Hay bales Resid. BasaFArse >so% ?):YES OT Other Other BMPs Cutting will be limited to when the ground is frozen or dry in all stands except the droughty OH4 stand in the southwest part of the property. There will be no skidding through the WK5 stand, most of which is bordering vegetated wetland. Skid roads will be laid out along the edges of this stand, and hitches will be winched to these roads. Onlv about 20% of the basal area will be removed out in the same locations as they were for the last harvesting operation approximately 30 years ago.. Il� is Type of crossing Stabilization Mitioation Type of bottom CU Culvert SE Seed FR Frozen LE Ledge BR Bridge MU Mulch DR Dry ST Stony FO Ford CO Corduroy OT Other MU Mud PO Poled ST Stone GR Gravel OT Other HB Hay bales OT Other Note: oO' G�}}R Applicant must provide DEM all �e ant nforrmiti2p before plan may be approved and cuttng may begin. Some forestry activities, such as' prescribed burning and pesticide or fertilizer application may require additional permits. Consult MA Forestry BMP Manual for further information . Attach a Narrative Page if further explanation is needed or "other" is used for any category. 111 Stand Treatment (See codes at bottom of page) Indicate location on ST -1 ST-2 ST -3 STS Forest Type OH4 WH4 WP5 WK5 Acres 12 7 7 6 Primary objective IN WH IN WH Designation of trees cut' CT CT CT CT Type of regeneration cut SE Black Oak SE SE Source of recieneration White Oak 2 OR Type of intermediate cut TH 'If not marked, describe species, size, quality and BA to be cut: Most of the mature red oak, plus about 2/3 of the mature white pine will be cut. Additional low grade hardwoods will be cut to release the hickories and white oaks for increased mast winter Products to be Harvested Species Mbf Cds Species Mbf Cds White Pine 151 28 Red Mapie 24 57 Red Pine OH Oak/Hdwd. BW White Birch SM Su qar Maple BM BirlRed Maple Sugar Maple SF Spruce /Fir BE Beech Pitch Pine 1 1 Red Oak 12 9 Hemlock 1 1 Black Oak 1 1 Spruce White Oak 2 2 Other Sftwd Other Oak White Ash 2 2 Other Hdwd Beech Hdwd Fuetwood White Birch Softwood Pulp B & Y Birch lChips Black Cherry TOTAL Species: Record sawtimber volumes by species. Units: MBF = 1,000s of Board Feet, CDS = Cords, TON = tons, CCF = 100s of Cubic Feet. Vnh imo• Rernni to the nearpst whnte unit (MBF. etc) M13F 194 CDs 101 TON Landowner 1 (we) hereby certify that I (we) have the legal authority to carry out the afore - described operation. Failure to accurately update the material herein required and provide other relevant information can result in the voiding of this plan. I (We) also certify that 1 (we) have notified the Conservation Commission in the municipality in which the operation is to take place and the abutters of record within two hundred feet of the area to be harvested. Signature(s) of landowner(s) nt D to Appointment of Agent As owner of the property to be harvested I hereby designate the following person to act as my agent for the purpose of conducting the harvest covered by this Forest Cutting Plan including executing all forms and documents required by law. I understand, however, that the statutes, including criminal fines, continue to apply to me as the owner of record. Agent's Name Mailing Address Town, State, Zip Phone Signature(s) of landowners) Final Report I hereby certify that the afore - described Forest Cutting Plan and all relevant statutes have been substantially complied with. Forest Cutting Plan Approved Disapproved Expires Cutting Plan ❑ ❑ Signature of Service Forester /Director's Agent Date: Approved Disapproved Expires Extension ❑ ❑ Amendment ❑ ❑ Serv. For. Inits. Signature of Service Forester/Director's Agent Date Date Service Forester's Comments: Forest Type: WP White Pine HK Hemlock OM Mixed Oak WK WP /Hem HH Hem /Hdwd RM Red Maple WH WP /Hdwd TK Tamarack BC Blk Cherry WO WP /Oak CD Cedar BB Bee /Bir/Maple RP Red Pine Red OH Oak/Hdwd. BW White Birch SM Su qar Maple BM BirlRed Maple SR Spruce PP Pitch Pine SF Spruce /Fir BE Beech PO PP /Oak OR N Red Oak OT Other Designation: CT Cut trees LT Leave Trees SB Stand Boundary OT Other Primary Obiective WP Wood Production IN Short term income WH Wildlife Habitat AR Aesthetics & Rec SW Soil & Water Mgmt OT Other TVDe of Regeneration Cut: SE Selection SH Shelterwood ST Seed Tree CC Clearcut SA Salvage CO Co OT 0 he ce w /Standards Source of egeneration AD Advance SE Natural Seed DS Direct Seed PL Plant CO Coppice Tvoe of Inte rmediate Cut: TH Thinning RE Release IM Improvement SA Salvage OT Other OWNERS: Beaver Brook Trust ADDRESS: 110 King Street Northampton, MA 01060 PROPERTY LOCATION: Route 9, Leeds KEY property line — -- abutter's line �- • - — • stand type boundary state /town road ..-- woods road /trail .--� , Ystream w' V bor veg wetland x X x wire fence 4N log landing \ \ \ excluded area MAP TYPE: Forest Stand Type and Boundary SCALE: 1 inch = 300' AREA: 38 Acres According to Deeds and Survey REFERENCES Boundaries: From Killam Associates plan. All metes & bounds are approximate. Stand Types: Col -East aerial photo 15543 -5385. Base Map: 1979 USGS Easthampton Quad. Prepared by: Karl Davies, Consulting Forester, POB 601, Northampton, MA 01061. Date: December, 1998. "t sew:; . . Hai �' vi11e „O1ub' MAP TYPE: Locu �. �J' l • i � ._��' �;� = . \ .Aar6%b 9 P c ; Beaver OWNER: B Brook Trust � LOCATION: Route 9, Leeds <<'A _ USGS MAP: - 1979 Easthampton d SCALE: 1 ' — 2000' p Qua Ali °, ' i NORTH: True �= MEMORIA � n C ' PARK FIN ` o J R ° � Fire Sta, t .'^�+.� -.J� _I 1 ^ 1. / /J // t L ��`�L a °• .� - Mar ` ; 1 ��'• 1 �� `� /�" , / / � �. O� �� ', �/ .r'�: . t; •�7: Field J.•Ba NA r t Pi.�� i -:.�. �l I i 1 - %� y �•I�r�. \��((C ,- h -___�o = __, - =� 19 .- �- �.� / -, :��. Forest Resource Management POB 601 Phone: (413) 586-0825 Northampton, MA FAX: (413) 586 -0825 (call to alert) 01061 -0601 email: kdavies@igc -org Thursday, December 24,1998 Daniel & Jane Keith -Power 68 Leonard Street Leeds, MA 01053 Dear Daniel & Jane: This is to notify you that I have complied with the Massachusetts Forest Cutting Practice Law (M.G.L. Ch. 132, Sec. 40-64) by making application to the Director of Forests and Parks for official approval of a forest products cutting plan for land of my client whose property abuts yours and is shown on the enclosed map. The law requires that owners of property within 200' of the intended cut, as well as the Town Conservation Commission, be notified. Cutting is scheduled to begin on or after January 15,1999. Please call or write me at the above address if you have any questions about the intended cut. Thank you. Sincerely, Karl Davies encl: map of land of Beaver Brook Trust Commonwealth of Massachusetts L\ Divisionot . 1 1; U1 Fisheffies &Wildlife Wayne F. MacCallum, Director 30 June 2000 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: The Natural Heritage & Endangered Species Program ( NHESP) received new information regarding rare species within the town of Northampton. Based on this new information the NHESP has enlarged Estimated Habitat WH6035 (see highlighted area on the enclosed map). The enclosed map should be attached for immediate use with your 2000 -2001 "Estimated Habitats of Rare Wildlife" map. This is to ensure that applicants filing Notices of Intent (NOI) will also be aware when they must file with the NHESP under the rare species provisions of the Wetlands Protection Act Regulations (3 10 CMR 10.59 and 10.58(4)b). The Commission should check each submitted NOI to see whether the site locus occurs within this new Estimated Habitat, or any other Estimated Habitat in town. If a project falls within an Estimated Habitat the applicant must provide proof that the NOI was mailed to the NHESP so that it is received at the same time as the Commissions (see section C3A of the new NOI form). The new Estimated Habitat is based on a finding of the Jefferson's salamander (Ambystoma jeffersonianum). The Jefferson's Salamander is state- protected as a species of "Special Concern" pursuant to the Massachusetts Endangered Species Act Regulations (MGL c.131 A) and its implementing regulations (321 CMR 10.00). I have enclosed a factsheet on this species for your information. If you have any questions regarding this notification please contact me at 508- 792 -7270 x151. Sincefel PaEridia Huckery� Wetlands Enviro ental Reviewer, NHESP Enclosure: Jefferson's salamander factsheet cc: Karen Hirschberg, DEP Western Regional Office Jennifer MacDonald, DEM Service Forester F a Y I os Natural Heritage & Endangered Species Program Route 135, Westborough, MA 01581 Tel: (508) 792 -7270 x 200 Fax: (508) 792 -7275 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement http://www.state.ma.us/dfwele/dfw ■ U-49 Commonwealth of Massachusetts fR Devesionot .�, Fisheffies &Wildlife Wayne F. MacCallum, Director June 14, 2000 Daniel Keith 68 Leonard Street Leeds, MA 01053 Dear Mr. Keith, I am writing to notify you of the official certification by the Massachusetts Natural Heritage and Endangered Species Program of two (2) vernal pools in the town of Northampton that you reported to this office and referred to as Leonard Pools 1 and 2. The certified pool numbers are 2019 and 2020, respectively. Thank you very much for contributing to the conservation of a threatened resource. The certified status of these vernal pools potentially affords them protection under the following regulations: 1. Massachusetts Wetlands Protection Act Regulations (3 10 CMR 10.00); within wetland resource areas, protectable vernal pool habitat includes the pool itself and up to 100 feet beyond the pool's margin. 2. Massachusetts Surface Water Quality Standards (314 CMR 4.00); discharges of dredge or fill material are strictly prohibited within the boundaries of certified vernal pools. 3. Title 5 of the Massachusetts Environmental Code; 4. The Massachusetts Forest Cutting Practices Act Regulations. Please note that even after a Notice of Intent has been filed, the presumption that vernal pool habitat does not occur on a site is overcome upon a clear showing to the contrary, either through official certification or the presentation of credible evidence at a public hearing (3 10 CMR 10.57(2)(a)5). Altering vernal pool habitat may be permitted only if it will have no adverse effects on wildlife habitat, as determined by procedures contained in 310 CMR 10.60. Furthermore, "certified vernal pools which occur in resource areas other than Land Subject to Flooding can be protected by incorporating protective conditions into the Order of Conditions" (DEP Wetlands Report Alert/March 1996). Please contact Karen Hirschberg at the DEP Western Regional Office with all regulatory questions pertaining to these pools. Once again, thank you for your concern for the conservation of vernal pools. I am enclosing updated certification field forms and I hope that you will continue to search for and document vernal pools in your town. Sincerely, Amy Maher Wetlands Review Assistant cc: file y�r +k ht Natural Heritage &Endangered Species Program Route 135, Westborough, MA 01581 Tel: (508) 792 -7270 x 200 Fax: (508) 792 -7275 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement W http: / /www.state.ma.us /dfwele /dfw Commonwealth of Massachusetts _ f@ U 0 Division of Fis heffies &Wildlife Wayne F. MacCallum, Director June 14, 2000 George Kohout 37 Evergreen Road Leeds, MA 01053 Dear Mr. Kohout, I am writing to notify you of the official certification by the Massachusetts Natural Heritage and Endangered Species Program of two (2) vernal pools in the town of Northampton that you reported to this office and referred to as Grove Pools 1 and 2. The certified pool numbers are 2017 and 2018, respectively. Thank you very much for contributing to the conservation of a threatened resource. The certified status of these vernal pools potentially affords them protection under the following regulations: 1. Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00); within wetland resource areas, protectable vernal pool habitat includes the pool itself and up to 100 feet beyond the pool's margin. 2. Massachusetts Surface Water Quality Standards (314 CMR 4.00); discharges of dredge or fill material are strictly prohibited within the boundaries of certified vernal pools. 3. Title 5 of the Massachusetts Environmental Code; 4. The Massachusetts Forest Cutting Practices Act Regulations. Please note that even after a Notice of Intent has been filed, the presumption that vernal pool habitat does not occur on a site is overcome upon a clear showing to the contrary, either through official certification or the presentation of credible evidence at a public hearing (3 10 CMR 10.57(2)(a)5). Altering vernal pool habitat may be permitted only if it will have no adverse effects on wildlife habitat, as determined by procedures contained in 310 CMR 10.60. Furthermore, "certified vernal pools which occur in resource areas other than Land Subject to Flooding can be protected by incorporating protective conditions into the Order of Conditions" (DEP Wetlands Report Alert/March 1996). Please contact Karen Hirschberg at the DEP Western Regional Office with all regulatory questions pertaining to these pools. Once again, thank you for your concern for the conservation of vernal pools. I am enclosing updated certification field forms and I hope that you will continue to search for and document vernal pools in your town. Sincerely, Amy Maher Wetlands Review Assistant cc: file W y �r + - F # - -- Natural Heritage & Endangered Species Program Route 135, Westborough, MAO] 581 Tel: (508) 792 -7270 x 200 Fax: (508) 792 -7275 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement http : / /www.state.ma.us /dfwele /dfw w Division of � Fisheffies&Vildlife Wayne F. MacCallum, Director 30 June 2000 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: The Natural Heritage & Endangered Species Program ( NHESP) received new information regarding rare species within the town of Northampton. Based on this new information the NHESP has enlarged Estimated Habitat WH6035 (see highlighted area on the enclosed map). The enclosed map should be attached for immediate use with your 2000 -2001 "Estimated Habitats of Rare Wildlife" map. This is to ensure that applicants filing Notices of Intent (NOI) will also be aware when they must file with the NHESP under the rare species provisions of the Wetlands Protection Act Regulations (3 10 CMR 10.59 and 10.58(4)b). The Commission should check each submitted NOI to see whether the site locus occurs within this new Estimated Habitat, or any other Estimated Habitat in town. If a project falls within an Estimated Habitat the applicant must provide proof that the NOI was mailed to the NHESP so that it is received at the same time as the Commissions (see section C3A of the new NOI form). The new Estimated Habitat is based on a finding of the Jefferson's salamander (,4mbystoma jeffersonianum). The Jefferson's Salamander is state- protected as a species of "Special Concern" pursuant to the Massachusetts Endangered Species Act Regulations (MGL c.131A) and its implementing regulations (321 CMR 10.00). I have enclosed a factsheet on this species for your information. If you have any questions regarding this notification please contact me at 508- 792 -7270 x151. n S i Pafridia Huckery� Wetlands Enviro ental Reviewer, NHESP Enclosure: Jefferson's salamander factsheet cc: Karen Hirschberg, DEP Western Regional Office Jennifer MacDonald, DEM Service Forester Y a Natural Heritage &Endangered Species Program Route 135, Westborough, MA 01 581 Tel: (508) 792 -7270 x 200 Fax: (508) 792 -7275 An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement http://www.state-ma.us/dfwele/dfw Commonwealth of Massachusetts Mass Wi /d/im Division of Fisheries & WWWOM17fe Wayne F. MacCallum, Director July 11, 2005 Patrick J. Melnik Esq. Attorney at Law 110 King Street Northampton, MA 01060 Project Name: Beaver Brook Estates — John J. Hanley, Trustee Location: Evergreen Road, Northampton NHESP File # 01 -9552 Dear Attorney Melnik, The Natural Heritage & Endangered Species Program (NHESP) of the MA Division of Fisheries & Wildlife has reviewed your letter, draft Conservation Restriction (received 5/20/05) and revised project plans (dated 4/11/05 & 4/13/05) that were submitted to our office for review under the Massachusetts Endangered Species Act (M.G.L. c.131A) for this site. This project site is located within Estimated and Priority Habitats for the Jefferson Salamander (Ambystoma jeffersonianum) and Wood Turtle (Clemmys insculpta). These rare wildlife species are state - protected as species of "Special Concern" pursuant to the Massachusetts Endangered Species Act (MESA). During previous meetings with project representatives we discussed the permitting requirements for this project under the Massachusetts Endangered Species Act (MESA) and its implementing regulations (321 CMR 10.00). The NHESP has determined that the proposed work and development of the uplands on this site constitutes a probable "take ", as defined in 321 CMR 10.02. Under MESA, both upland and wetland habitats are protected from "take" which includes "to ... disrupt the nesting, breeding, feeding, or migratory activity." The taking of a species on the state list may be permitted under MESA only if the applicant has avoided, mini�rilzed and mitigated impacts to state - listed species to the greatest extent practicable and provided there is a long -term net benefit to the conservation of the local populations of the impacted species. The NHESP is generally supportive of the most recent plans submitted for review and has only a few concerns that still remain to be addressed. Our understanding is that areas depicted as "No Disturbance Zone" on the plan are not clearly protected from clearing or alteration. Portions of the No Disturbance Zone depicted in Lots 20 -26 that are not necessary for lawns around the houses need to be added to the Conservation Restriction (CR) for the following reasons. These forested areas are important upland rare wildlife habitat that provide feeding, shelter, and overwintering areas for Jefferson Salamanders as well as providing a migration corridor between habitat features and vernal pools on the site for both rare wildlife species. The MESA Regulations require that every reasonable effort is made to minimize and mitigate development impacts to rare species habitat on the site and by adding these areas to the CR the limits of work will not change and long -term protection of these habitats will be provided. IVIA 11 Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792 -7270 Fax(508)792-727 An Agcnc) ofthe Department of Fisheries, Wildlife & Enva onmental 1.011 Fnforcenrent ■ 1 The Conservation Restriction language requires some revisions in order to be acceptable as net benefit for the impacts proposed. In our meeting with representatives of the applicant on March 21, 2003 we stated that forest management or harvesting of trees is not acceptable or appropriate within this Conservation Restriction, due to the sensitive resources, rare species, and small size of the site. We suggest that either the Conservation Commission or a local land trust be approached to hold the CR. The NHESP will only permit new trails on this site provided that these trails are no greater than 4 feet in width and that they are not located within any resource areas (including Rive.rfront Area) or within any 100 foot buffer zone of a wetland or certified vernal pool. The CR shall be written to allow staff of the NHESP to inspect the protected land within the CR during reasonable hours. Any improvements or alterations that are necessary within the CR must be reviewed and approved by the NHESP in addition to the Grantee. In our letter of July 11, 2003 for this project the NHESP commented that the proposed drainage system shall be designed to maintain the existing hydrology of all venial pools and wetlands on and adjacent to the site. Please submit details of the proposed stormwater management system and supporting documentation to prove that the existing hydrology will be maintained after construction. The last outstanding issue relevant to this permitting process is compliance with the Massachusetts Environmental Policy Act (MEPA) regulations. Due to the need for a Conservation and Management Permit under MESA for proposed development of this site, filing under the MEPA regulations was required. The MEPA certificate issued on July 24, 2003 for a previous design of this development stated that "this project requires the preparation of an Environmental Impact Report (EIR) ". The NHESP is unable to issue a MESA permit for this project until the MEPA process has been completed. If you have any questions regarding this letter please call Nancy Putnam at ext. 306. Sincerely, Thomas W. French, Ph.D. Assistant Director CC: Northampton Planning Board and Conservation Commission MEPA Director, Executive Office of Environmental Affairs Joe rrss v / i& '// MITT ROMNEY GOVERNOR KERRY HEALEY LIEUTENANT GOVERNOR July 24, 2003 Tel. (617) 626 -1000 Fax (617) 626 -1181 http:/Avww.mass.gov/envir ELLEN ROY HERZFELDER SECRETARY CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : Beaver Brook Estates PROJECT MUNICIPALITY : Evergreen Road - Northampton PROJECT WATERSHED : Mill River EOEA NUMBER : 13057 PROJECT PROPONENT : John J. Hanley, Trustee DATE NOTICED IN MONITOR : June 24, 2003 Pursuant to the Massachusetts Environmental Policy Act (M.G.L. c. 30, ss. 61 -62H) and Section 11.06 of the MEPA regulations (301 C.M.R. 11.00), I determine that this project requires the preparation of an Environmental Impact Report (EIR) According to the Environmental Notification Form (ENF), the project consists of the construction of 25 single- family homes and six townhouses. The site contains a four -unit apartment building, which is planned to be demolished. The project will be constructed in two phases. Phase I includes the construction of 19 units, and Phase II involves the construction of the remaining 12 units. The project site is about 60 acres of mostly forested land. The proponent is proposing a permanent conservation restriction on approximately 36.73 acres of the site. According to the Natural Heritage & Endangered Species Program (NHESP), the project site is located within Estimated and Priority Habitats for the Jefferson Salamander and Wood Turtle. These rare wildlife species are state - protected as species of "Special Concern ". The project is undergoing review pursuant to Section 11.03(2)(b)(2) of the MEPA regulations, the taking of an endangered or threatened species or species of special concern, where the project site is two or more acres and includes an area mapped as a Priority Site of Rare Species Habitats and Exemplary Natural Communities. It will require a Sewer Extension /Connection Permit, a Superseding Order of Conditions, and a 401 Water a Printed onRecvdW Stock 20%PostConswnerwa ■ EOEA #13057 ENF Certificate July 24, 2003 Quality Certification from the Department of Environmental Protection (DEP). The project will need to obtain an Access Permit from the Massachusetts Highway Department (MHD). It will also need a Conservation Permit under the Massachusetts Endangered Species Act (MESA) from NHESP. The project must comply with the National Pollution Discharge Elimination System (NPDES) General Permit for stormwater discharges from a construction site. Because the proponent is not seeking financial assistance from the Commonwealth for the project, MEPA jurisdiction is limited to those aspects of the project that are likely to directly or indirectly cause damage to the environment and that are within the subject matter of required or potentially required state permits or agency actions. In this case, MEPA jurisdiction exists over aspects of the project concerning issues related to the priority habitat, wetlands, stormwater, wastewater, the conservation restriction, and traffic impacts. Access for 22 units would be onto Evergreen Road, three units onto Grove Avenue, and six units onto Haydenville Road (Route 9). Using the Institute of Traffic Engineers land use codes 210 and 230, the project is estimated to generate approximately 274 new trips per day. Sidewalks are proposed by the proponent on one side of the proposed subdivision roadway onto Evergreen Road. The project will be connected to the municipal water and wastewater systems. It is estimated that it will consume approximately 15,000 gallons per day (gpd) of water and will generate approximately 13,640 gpd of wastewater (based on 124 bedrooms). SCOPE The EIR should follow for outline and content, as address the comments listed extent that they are within copy of this Certificate. Alternatives Analysis: Section 11.07 o the MEPA regulations modified by this scope. It should at the end of this Certificate to the this scope and it should include a The EIR should analyze the no -build alternative to establish baseline conditions. In addition to the proponent's Preferred Alternative, the EIR should analyze alternative subdivision layouts, to arrive at a site design that minimizes impacts on habitat. The EIR should quantify the acreage of land and types of resources impacted under each alternative studied. The EIR 2 EOEA #13057 ENF Certificate July 24, 2003 should fully describe any environmental trade -offs inherent in the project design (for example, whether avoidance of rare species habitat would lead to greater disturbance of forested uplands). From the information presented in the ENF, it is clear that both the wetland resource areas and the upland areas of the site, particularly those that provide habitat, are ecologically significant. The EIR should clearly delineate the extent of the habitat in upland areas, and should specifically consider alternative layouts that increase the amount of undisturbed area surrounding the wetland resources (vernal pools), to allow for an increased buffer between the vernal pools /resource areas and upland habitat areas. Project Permitting & Regulatory Environment: The EIR should briefly describe each state environmental permit or agency action required for the project. For each permit or action identified, the EIR should demonstrate how the project is consistent with any applicable performance standards and other regulatory requirements. The EIR should also discuss consistency of the project with state, regional, and local policies and plans (see Section 11.10(3) of the MEPA regulations). It should describe how the site has been zoned by the City of Northampton. Rare Species Habitat: The EIR should include a habitat study, which includes a survey, for the Jefferson Salamander and the Wood Turtle. All Wood Turtles should be tracked using radio - telemetry. The proponent will need to evaluate potential impacts to rare species (including indirect impacts from runoff into priority and estimated habitat) for the Natural Heritagi- Program to determine if the project will require a Conservation and Management Permit pursuant to the Massachusetts Endangered Species Act. The project must also meet performance standards for rare species contained in the Wetlands Protection Act regulations. The EIR should provide an update of the proponent's rare species survey work. The project has the potential to impact several state - listed rare species. The subdivision design should aim to avoid potential rare species impacts altogether within the context of developing a site layout which minimizes overall impacts. If complete avoidance of rare species impacts in upland areas is not feasible, the EIR should justify this conclusion, and fully discuss the permitting implications under MESA. The EIR should 3 EOEA #13057 ENF Certificate July 24, 2003 then include sufficient information for the Division of Fisheries and Wildlife to evaluate the merits of the Conservation Permit. I strongly encourage the proponent to consult with the Natural Heritage Program during preparation of the EIR. The EIR should include an inventory of rare species habitat on both resource and upland areas on a reasonably scaled map, and should include, for.each alternative studied, the locations of rare species and rare species habitat with the subdivision layout superimposed. The EIR should include the Natural Heritage Program information sheets for each rare species documented on the site. The EIR should include a comprehensive analysis of potential impacts of a residential subdivision development and operation on rare species, including the potential for fertilizers and other chemicals used by the residents to migrate into rare species habitat, or to impact rare species via the process of bioaccumulation. The EIR should also analyze potential impacts from human activities on endangered species habitat and identify means of excluding or minimizing foot traffic in sensitive areas, via the proponent's proposed conservation restriction. According to Natural Heritage Program records, two species of special concern are documented to occur within the project site. The EIR should delineate the boundaries of the resource areas, buffer zones, and upland habitat areas, including information on topography and vegetation. The EIR should evaluate the potential impacts of the residential subdivision on each species on the site, including indirect impacts from pesticides, stormwater runoff, and point source light pollution. The EIR should provide more details on opportunities for habitat restoration, and should include analysis of the feasibility of integrating rare habitat directly into the subdivision's design. Wetlands: The Commonwealth has endorsed a "No Net Loss Policy" that requires that all feasible means to avoid and reduce the extent of wetlands alteration be considered and implemented. The Wetlands Section of the EIR should conform to this approach by first examining options that avoid impacts to wetland resource areas, their associated buffer zones, riverfront protection areas and 100 -year flood plain areas. Where it has been demonstrated that impacts are unavoidable, the EIR should illustrate that the impacts have been minimized, and that the project will be accomplished in a manner that is consistent with the Performance Standards of the Wetlands Regulations (310 CMR 10.00). 4 EOEA #13057 ENF Certificate July 24, 2003 The EIR should address the significance of the wetland resources on site, including public and private water supply; riverfront areas; flood control; storm damage prevention; fisheries; shellfish; and wildlife habitat. All resource area boundaries, riverfront areas, applicable buffer zones, and 100 -year flood elevations should be clearly delineated on a plan. Bordering vegetated wetlands that have been delineated in the field should be surveyed, mapped, and located on the plans. Each wetland resource area and riverfront area should be characterized according to 310 CMR 10.00. The text should explain whether the local conservation commission has accepted the resource area boundaries and any disputed boundary should be identified. Proposed activities, such as the roadway connection with Evergreen Road, the driveway connections with Grove Avenue and Haydenville Road, and the water and sewer main extensions, including construction mitigation, erosion and sedimentation control, phased construction, and drainage discharges or overland flow into wetland areas, should be evaluated. The locations of detention basins and their distances from wetland resource areas, and the expected water quality of the effluent from said basins should be identified. This analysis should address current and expected post - construction water quality (including winter deicing and sanding analyses) of the predicted final receiving water bodies. Sufficient mitigation measures should be incorporated to ensure that no downstream impacts would occur. The drainage analysis should ensure that on- and off -site wetlands are not impacted by changes in stormwater runoff patterns. The EIR should discuss the location of vernal pools on the project site and provide a plan showing their location. The fourth vernal pool should be certified and located on the site plan. For any amount of required wetlands replication, a detailed wetlands replication plan should be provided in the EIR which, at a minimum, includes: replication location(s) delineated on plans, elevations, typical cros sections, test pits or soil boring logs, groundwater elevations, the hydrology of areas to be altered and replicated, list of wetlands plant species of areas to be altered and the proposed wetland replication species, planned construction sequence, and a discussion of the required performance standards and monitoring. Water: The EIR should identify any impacts from the project on the local drinking water supply. It should propose mitigation as 5 EOEA #13057 ENF Certificate July 24, 2003 appropriate. the housing proponent to measures for project. The EIR should identify any exterior irrigation for and the source for this water. I encourage the incorporate state -of -the -art water conservation this project to reduce water consumption from the Water Quality: Residential uses have the potential to cause significant water quality impacts, particularly from fertilizer and pesticide runoff into wetlands and groundwater. The EIR should estimate the annual amount of turf chemicals (most prominently nitrogen) applied to turf areas, and should evaluate the potential for nitrogen transport off -site. It should provide details on any proposed water quality monitoring program. The EIR should include a risk assessment for water quality associated with the use of fertilizers and pesticides. The EIR should evaluate deed restrictions as a method of avoiding future wetland impacts from homeowner activities, and a method of minimizing water quality impacts associated with residential lawn care. Drainage: The EIR should present drainage calculations and plans for the management of stormwater from the proposed project. It should include a detailed description of the proposed drainage system design, including a discussion of the alternatives considered along with their impacts. It should identify the quantity and quality of flows. The rates of stormwater runoff should be analyzed for the 10, 25 and 100 -year storm events. The proposed drainage system should control storm flows at existing levels. The proponent should recharge roof runoff and other treated stormwater runoff from parking areas and driveways in order to retain as much as possible of the existing groundwater flows and drainage patterns. If the proponent ties into the existing municipal or MHD drainage systems, the EIR should identify the permits required and if there will be a recharge deficit on -site. The EIR should indicate and discuss if there are any municipal drainage system discharges in this area. The EIR should address the performance standards of DEP's Stormwater Management Policy. It should demonstrate that the design of the drainage system is consistent with this policy, or in'the alternative, why the proponent is proposing a drainage system design not recommended by DEP. The proponent should use 6 EOEA #13057 ENF Certificate July 24, 20.03 the DEP Stormwater Management Handbook when addressing this issue. The EIR should discuss consistency of the project with the provisions of the National Pollutant Discharge Elimination System ( NPDES) general permit from the U.S. Environmental Protection Agency for stormwater discharges from construction sites. The EIR should include discussion of best management practices employed to meet the NPDES requirements, and should include a draft Pollution Prevention Plan. In addition, a maintenance program for the drainage system will be needed to ensure its effectiveness. This maintenance program should outline the actual maintenance operations, responsible parties, and back -up systems. Wastewater: The EIR should outline the proponent's efforts to reduce water consumption and wastewater generation. It should identify if there are any Inflow /Infiltration issues with the sewer system. Construction: The EIR should present a discussion on potential construction period impacts (including but not limited to noise, the excavation of soil, blasting, dust, wetlands, and traffic maintenance) and analyze feasible measures that can avoid or eliminate these impacts. If blasting is proposed on site, it should be coordinated with City officials, and an informational meeting should be held to address neighbors' and NHESP's concerns. The EIR should provide information regarding the phasing of construction on the project site. It should quantify the amount of land altered, and any impacts on endangered species. The EIR should identify which por ions of the site will remain undisturbed, and which portions will be impacted during construction. Hazardous Wastes: The EIR should present a summary of the results of any hazardous waste studies and remediation efforts undertaken at the site. Conservation Restriction: The EIR should provide a thorough discussion of the Conservation Restriction (CR) implications of the project. It W EOEA #13057 ENF Certificate July 24, 2003 should include the proposed language for the CR. The EIR should consider specific language in the CR to create special management zones to protect significant rare species habitat resources. Traffic: The ENF did not include a traffic assessment of the impacts of the project on local and state highways. Because of MHD's comment letter and the small number of trips generated by the project, I am not requiring any traffic analysis at this time for the purposes of MEPA review. The Proposed Section 61 Finding for MHD presented in the Final EIR should include any mitigation commitments related to traffic on state roadways. Mitigation: The EIR should include a separate chapter on mitigation measures. It should provide a clear commitment to implement these mitigation measures and should describe the timing of their implementation. The proponent should also consider participating in proposals by the City of Northampton to provide additional traffic mitigation measures to reduce the potential impacts of the project. This chapter on mitigation should include proposed Section 61 Findings for all state permits. The proposed Section 61 Findings should contain a clear commitment to mitigation, an estimate of the individual costs of the proposed mitigation and the identification of the parties responsible for implementing the mitigation. A schedule for the implementation of mitigation should also be included. Circulation: The EIR 11.16 of the the list of officials. review at should be circulated in compliance with Section MEPA regulations and copies should also be sent to "comments received" below and to Northampton A copy of the EIR should be made available for public the Northampton Public Library.,, July 24, 2003 DATE Cc: Craig Givens, DEP /WERO 8 EOEA #13057 ENF Certificate July 24, 2003 Comments received: Patrick J. Melnik, 6/16/03 Daniel T. Keith, 6/29/03 Daniel T. Keith, 7/1/03 Yankee Hill Conservation Group, 7/8/03 Lora Sandhusen & Friends, 7/9/03 Northampton Planning & Development, 7/9/03 Patrick J. Melnik, 7/10/03 John Body, 7/10/03 Mass Wildlife, 7/11/03 Jim Montgomery, 7/11/03 Daniel & Sandy Glynn, 7/11/03 Deb Jacobs, 7/11/03 Keith H. Davis, 7/13/03 John Daniel & Julie Akeret, 7/13/03 Deb Jacobs, 7/14/03 DEP /WERO, 7/14/03 Amy Bookbinder, 7/14/03 Michael A. Kirby, 7/14/03 Heritage Surveys, 7/15/03 E13057 ERH /WTG /wtg