2014.04.10 Staff Report.docTo: Conservation Commission
From: Sarah LaValley
Reviewed and Approved by OPD: WF
RE: Staff Report, April 10 Commission Meeting
Date: April 8, 2014
5:00 PM Request for Determination
of Applicability to determine if resource areas are delineated accurately, and whether they contain degraded areas as defined by the Northampton Wetlands Ordinance. Tim Seney, 204
Maple Ridge Road, Map ID 36-269
Application Overview:
The application seeks determinations as to whether the area is subject to jurisdiction of the Northampton Wetlands Ordinance and
WPA, , whether boundaries are delineated accurately, and whether the work is subject to the WPA and Wetlands Ordinance.
Consistency with the Northampton Wetlands Ordinance:
The Wetlands
Ordinance defines ‘degraded areas’ as ‘areas of existing structures, buildings, fill, pavement, impervious surface, lack of top soil, dump sites or releases of hazardous materials.’
A previous owner was issued a citation for violation of the Wetlands Ordinance in 1994, for earthwork without a permit. No fill was noted. Prior to this, in 1990, the Commission issued
an Order of Conditions for placement of clean fill within the buffer zone. The fill was to be seeded and mulched, and not to exceed a 3:1 slope. The Commission issued an enforcement
order for ‘fill being moved improperly in and around a wetland.’
A certificate of compliance was later issued, and the fill apparently removed to the satisfaction of the Commission and
the wetlands reestablished.
The interior of the site appears to contain historic fill from the previous work in buffer as shown below, but this area also now contains mature trees.
The Commission has not previously considered areas of clean fill as disturbed. The perimeter of the site is more clearly disturbed.
Staff Recommendation
Staff recommend shifting
the A3-A5 wetland series flags east approximately ten feet to the area shown on plans as ‘approximate degraded area,’ to where a change in topography exists.
At the site visit, two
‘hydric’ soil flags were noted, one at the area shown as ‘walkout basement’ on project plans, and the other to the south of flag A14B The applicant must provide detailed information
as to why these areas were not considered wetlands, and why they do not have a hydrologic connection to the A series wetland. It is possible that they are both separated hydrologically
and fall under the 40 square foot threshold for isolated wetlands, but this information is not provided in project plans.
If these issues are addressed, box 2a can be checked to indicate that the delineation is confirmed as accurate. If the Commission agrees that the ‘degraded areas’ shown on plans meet
the definition of the Ordinance, that must be noted.
Box 1 and box 5, indicating that the area is subject to protection under the Act and Ordinance should also be checked.
The work
shown will clearly alter the wetlands and buffer. Box 3 and 4 should also be checked to indicate that the determination does not permit the work shown, and that an NOI will be required.