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Revised NOI Routine Maintenance and Repair Activities Bundled Notice of Intent Submitted to the Northampton Conservation Commission Location: Municipal properties, rights-of-ways, easements, roads and structures within Northampton, MA Applicant: Department of Public Works Northampton, MA Prepared By: Department of Public Works Northampton, MA August 2015 ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION i Table of Contents 1.0 NOTICE OF INTENT FORMS .............................................................................................. I 2.0 ADDENDUM TO NOTICE OF INTENT ............................................................................. 2.2 2.1 INTRODUCTION .............................................................................................................. 2.2 2.2 LOCATION OF WORK ..................................................................................................... 2.2 2.3 STAFF RESPONSIBLE FOR WORK OVERSIGHT .......................................................... 2.2 2.4 PROPOSED WORK ......................................................................................................... 2.2 2.4.1 CATEGORY I: ACTIVITIES EXEMPT UNDER THE MWPA ............................... 2.3 2.4.2 CATEGORY II: ACTIVITIES EXEMPT PER MWPA REGULATIONS ................. 2.3 2.4.3 CATEGORY III: ACTIVITIES THAT OCCUR IN THE BUFFER ZONE, BUT NOT WITHIN RESOURCE AREAS ............................................................................ 2.5 2.4.4 CATEGORY IV: ACTIVITIES THAT OCCUR IN BUFFER ZONE AND CERTAIN RESOURCE AREAS .......................................................................................... 2.5 2.4.5 CATEGORY V: ACTIVITIES THAT OCCUR IN BOTH BUFFER ZONE AND CERTAIN RESOURCE AREAS, AND REQUIRES PRIOR NOTIFICATION AND/OR APPROVAL FROM NCC OR THEIR STAFF BEFORE ANY WORK CAN COMMENCE ...................................................................................................... 2.7 2.4.6 CATEGORY VI – ACTIVITIES LIKELY TO HAVE DIRECT IMPACTS TO RESOURCE AREAS AND WILL REQUIRE PREPARATION OF AN INDIVIDUAL NOI..................................................................................................................... 2.7 2.5 INFORMATION PERTAINING TO THE USE OF HERBICIDES ....................................... 2.8 2.6 MOSQUITO CONTROL .................................................................................................... 2.8 2.7 NOTIFICATION AND SEQUENCE OF WORK PROTOCOL ............................................ 2.9 ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 1.0 Notice of Intent Forms SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.2 ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT 2.0 Addendum to Notice of Intent 2.1 INTRODUCTION This Bundled Notice of Intent (BNOI) is being filed by the City of Northampton Department of Public Works (DPW) with the Northampton Conservation Commission (NCC) under the Massachusetts Wetlands Protection Act (MGL Ch. 131, S.40) and its Regulations (310 CMR 10.00); and the City of Northampton Wetland Ordinance (Chapter 337) for issuance of a Bundled Order of Conditions (BOOC) for various routine maintenance and repair activities on municipal properties, rights-of-ways, easements, roads and structures. 2.2 LOCATION OF WORK DPW requests that work in the following jurisdictional areas be permitted under this BOOC for this BNOI: Buffer Zones to Bordering Vegetated Wetland, water bodies and Banks; Riverfront Area; and Land Subject to Flooding (if not a certified vernal pool) and streams and channels when not flowing. Routine maintenance and repair work is also proposed to occur in accordance with the Massachusetts Endangered Species Act (MESA) regulations as related to work within Priority or Estimated Habitat areas as shown on Mass GIS. All work proposed under this BNOI will take place within the City of Northampton rights of way or in utility easements, in areas previously disturbed or degraded, or directly associated with the infrastructure needing maintenance. If in doubt as to whether an area qualifies or not, DPW will contact NCC for confirmation. For any work on adjacent private property, DPW will gain rights to private access via a signed Right of Entry form from the property owner. 2.3 STAFF RESPONSIBLE FOR WORK OVERSIGHT The following staff has the authority for supervision of all work that will be conducted under this BNOI: DPW Director; City Engineer; Highway Superintendent; and Water Superintendent. All of the above can be reached by contacting DPW’s main office at 413-587-1570. The DPW Director will be responsible for all activities under this BNOI. Coordination and other related mobilization activities will be handled by the City Engineer, who will designate and direct all other DPW Divisions in the design, operation and implementation of any repairs or maintenance projects covered under this filing. 2.4 PROPOSED WORK The work proposed in this BNOI is for ongoing, routine maintenance and repair activities on municipal properties, rights-of-ways, easements, roads, and structures. Work has been divided into five categories: ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.3  Category I – Activities exempt under the Massachusetts Wetlands Protection Act (MWPA);  Category II – Activities exempt per the Massachusetts Wetlands Protection Act regulations  Category III - Activities that occur in the Buffer Zone, but not within resource areas;  Category IV – Activities that occur both in the Buffer Zone and certain resource areas;  Category V – Activities that occur in both Buffer Zone and certain resource areas; and requires prior notification and approval from NCC or their staff before any work can commence; and  Category VI – Activities not proposed under this BNOI. 2.4.1 CATEGORY I: ACTIVITIES EXEMPT UNDER THE MWPA Per 310 CMR 10.02 (2)(a)(1), activities conducted to maintain, repair or replace, but not substantially change or enlarge an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, sewer, telephone, telegraph and other communication services, provided said work utilizes the best practical measures to avoid or minimize impacts to wetland resource areas outside the footprint of said structure or facility are exempt from MWPA regulations. 2.4.2 CATEGORY II: ACTIVITIES EXEMPT PER MWPA REGULATIONS Per 310 CMR 10.58 (6)(a) and 10.02(2)(b), these Riverfront and Buffer Zone activities are exempt from the MWPA regulations:  Any excavation, structure, road, clearing, driveway, landscaping, utility line, rail line, airport owned by a political subdivision, marine cargo terminal owned by a political subdivision, bridge over two miles long, septic system, or parking lot within the riverfront area in existences on August 7, 1996. Maintenance of such structures or areas is allowed (including any activity which maintains a structure, roads (limited to repairs, resurfacing, repaving, but not enlargement), clearing, landscaping, etc…in its existing condition) without the filing of a Notice of Intent for work within the riverfront area, but not when such work is within other resource areas or their buffer zones except as provided in 310 CMR 10.58 (6)(b). Changes in existing conditions which will remove, fill, dredge or alter the riverfront area are subject to 310 CMR 10.58, except that the replacement within the same footprint of structures destroyed by fire or other casualty is not subject to 310 CMR 10.58;  Construction, expansion, repair, restoration, alteration, replacement, operation, and maintenance of public or private local or regional wastewater treatment plants and their related structures, conveyance systems, and facilities, including utility lines; ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.4  Unpaved pedestrian walkways less than 30 inches wide for private use and less than three feet wide for public access on conservation property;  Fencing, provided it will not constitute a barrier to wildlife movement; stonewalls; stacks of cordwood;  Vista pruning, provided the activity is located more than 50 feet from the mean annual high water line within a Riverfront Area or from Bordering Vegetated Wetland, whichever is farther  Plantings of native species of trees, shrubs or groundcover, but excluding turf lawns;  The conversion of impervious to vegetated surfaces, provided erosion and sedimentation controls are implemented during construction;  Installation of underground utilities (e.g., electric, gas, water) within existing paved or unpaved roadways and private roadways/driveways, provided that all work is conducted within the roadway or driveway and that all trenches are closed at the completion of each workday;  Installation and repair of underground sewer lines within existing paved or unpaved roadways and private roadways/driveways, provided that all work is conducted within the roadway or driveway and that all trenches are closed at the completion of each workday;  Installation of access road gates at public or private road entrances to existing utility right-of-way access roads, provided that all vehicles and machinery are located within the roadway surface during work;  Installation, repair, replacement or removal of signs, signals, sign and signal posts and associated supports, braces, anchors, and foundations along existing paved roadways and their shoulders, provided that the work is conducted as far from a resource area, any excess soil is removed from the project location, and any disturbed soils are stabilized as appropriate;  Pavement repair, resurfacing and reclamation of existing roadways within the right-of- way configuration provided that the roadway and shoulders are not widened, no staging or stockpiling of materials, all disturbed road shoulders are stabilized within 72 hours of completion of the resurfacing or reclamation, and no work on the drainage system is performed, other than adjustments and/or repairs to respective structures (e.g., curbing) within the roadway and;  Vegetation cutting for road safety maintenance, limited to the following: o Removal of diseased or damaged trees or branches that pose an immediate and substantial threat to driver safety from falling into the roadway; o Removal of shrubbery or branches to maintain clear guardrails; such removal shall extend no further than six feet from the rear of the guardrail; o Removal of shrubbery or branches to maintain sight distances at existing intersections; such removal shall be no farther than five feet beyond the “sight triangles” established according to the practices set forth in American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.5 Design of Highways and Streets, 2011, 6th edition, and such removal is a minimum of ten feet from a resource area, other than Riverfront Area; o Removal of shrubbery, branches, or other vegetation required to maintain the visibility of road signs and signals; and o Cuttings of shrubs and branches from mature trees will be performed with suitable horticultural equipment and methods that do not further damage the trees. To prevent the possible export of invasive plants, cut vegetation will be chipped and evenly spread on site, and raked to a depth not to exceed three inches, clear of all drainage ways. Alternatively, all cuttings and slash shall be removed from the site and properly disposed. 2.4.3 CATEGORY III: ACTIVITIES THAT OCCUR IN THE BUFFER ZONE, BUT NOT WITHIN RESOURCE AREAS  Parking lots, sidewalks and driveway resurfacing, but not expansion into the Buffer Zone.  Cleaning catch basins, with proper disposal of sediment and pollutants. No material removed shall be deposited adjacent to or within a wetland and/or waterway. Work will consist of removal of sediment from sumps. The type of equipment typically used to conduct this work is a clam shell and/or jet-vac. All work is conducted from the roadside, with no vehicles in a wetland or resource area.  Flushing/cleaning, repair and replace sanitary and storm drains pipe lines and structures, with proper disposal of sediment and pollutants. All work is typically conducted within the structure, with no impact on a wetland or resource area. If pumping of the structure is required to facilitate repair, then pumped water will be discharged to an upland area (not into a wetland or waterway) and/or into a straw bale or dewatering bag enclosure to prevent sediments from discharging into a water body.  Vegetative embankment stabilization (seeding, hydro-seeding, mulching) if related to a maintenance project.  Maintenance of roadside plantings.  Stonewall, and guardrail repair and replacement.  Lawn, athletic field, and recreation structures maintenance.  Vegetation management within the existing right-of-way, and to maintain present public recreational lawns and fields.  Infrastructure repair/replacement, including guardrails, curbing sidewalks, signage, lighting, signals, painting/striping, median strip repairs, horticultural maintenance. 2.4.4 CATEGORY IV: ACTIVITIES THAT OCCUR IN BUFFER ZONE AND CERTAIN RESOURCE AREAS These activities may occur in the Buffer Zone and only certain resource areas, namely the Riverfront Area, Bank, Land Under Water, Bordering Land Subject to Flooding (100-year ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.6 floodplain), and Isolated Land Subject to Flooding, if not a certified vernal pool. These activities will not take place in Bordering Vegetated Wetlands or flowing or standing water. They will not permanently alter wetlands in anyway.  Re-grading of gravel roads, placement of additional gravel/fill on road surfaces as needed. If working in Bordering Land Subject to Flooding, work shall occur after the threat of flooding has passed.  Drainage ditch or channel, or water quality swale cleaning and repair of stone structures. This work will consist of removal of sediment and vegetation debris from existing swales or channels through the use of mechanical equipment and reshaping existing swales to allow for adequate flow. All material removed will be properly disposed of and no material will be deposited into or adjacent to a wetland and/or waterway. All swales shall be shaped and graded to prevent sedimentation of a wetland resource area. If, after cleaning of a swale, loose soil is present, straw bale check dams and/or silt fence shall be installed prior to the discharge of stormwater into the wetland or waterway. Work should be done under dry conditions.  Cleaning of existing culverts in no flow conditions, with proper disposal of sediment.  Flushing/cleaning, repair and replacement of storm drain pipe lines and structures within above named resource areas only.  Repair/maintenance of rock aprons/splash pads/plunge pools.  Repair/maintenance of rip-rap channels.  Cleaning and maintaining bridge decks and bridge abutments (including mortaring and pointing), as long as there is no work within the water column of the waterway or removal of vegetation from the adjacent Bank or Riverfront Area.  Waterbar installation and repair within existing road footprint.  Maintenance of stormwater management systems such as: detention basins, wet retention ponds, water quality inlets, sand filters, dry wells, infiltration basins and forebays; as long as maintenance is in keeping with 310 CMR 10.02 (b)(3).  Planting of vegetative filter strips (using native species only) to stabilize embankments.  Vegetation management within the existing right-of-way, and to maintain present public recreational lawns and fields.  Infrastructure repair/replacement, including guardrails, curbing sidewalks, signage, lighting, signals, painting/striping, median strip repairs, horticultural maintenance.  Maintenance, repair and cutting of routinely maintained dams, dikes and flood control structures. Maintenance of dikes and flood control structures is dictated by the Army Corps of Engineers. Maintenance of dams is regulated by the DCR Office of Dam Safety. Activities include mowing on a routine basis, cutting of brush to prevent root systems from becoming established on the structure and within 15 feet of the toe of the structure, and the cleaning and clearing of debris from the spillway of dams. If trees and/or stumps are removed, holes will be filled with approved fill material, compacted, loamed, seeded and mulched. ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.7  Snow storage and disposal shall be done in accordance with the guidelines established by the Department of Environmental Protection (DEP). If there are wetlands or a waterway within 50 feet of the disposal site, a silt fence or equivalent barrier shall be placed securely on the down-gradient side of the snow disposal site to prevent sand and silt and litter from leaving the site. Debris will be cleared from the site at the end of the snow season and will be cleared from the site prior to using the site for snow storage. The existing sites identified for snow storage include: former Lia parking lot on King Street, Lane Construction site off of Damon Road, State land off of Burts Pits Road, Maines Field, C&S Concrete off of Hatfield Street, Smith School property near the VA Hospital, Waste Water Treatment Plant and DPW yard. DPW will notify the NCC should another site be used for snow storage in the future. 2.4.5 CATEGORY V: ACTIVITIES THAT OCCUR IN BOTH BUFFER ZONE AND CERTAIN RESOURCE AREAS, AND REQUIRES PRIOR NOTIFICATION AND/OR APPROVAL FROM NCC OR THEIR STAFF BEFORE ANY WORK CAN COMMENCE NCC will be notified first and a meeting will be set up to go over plans prior to commencement of any activity. In an emergency situation, where immediate action is necessary, the Commission will be notified within 24 hours of the work completion, and a permanent measure will be proposed, if necessary. The Commission will have the opportunity to review and approve the work, approve the work with modifications or determine that an additional filing is necessary.  Maintenance and repair of structural conveyances and appurtenant structures such as headwalls, wingwalls, splash pads, etc…, including removal of recent culvert/bridge blockages (sediment and/or debris). If possible, work should be completed during low flow conditions and work shall be done in the dry. To complete work in the dry, the water shall be dammed upstream of the culvert and the water will be pumped around the structure into a dewatering bag to allow for filtering of sediments from the water. If work must be conducted on a structure located over a waterway or wetland, care will be taken to prevent material from entering the resource area.  Work that requires by-pass pumping around a watercourse.  New rock aprons/splash pads/plunge pools as long as not located in Bank and/or Bordering Vegetated Wetland.  Permanent and temporary sediment traps.  Subsurface drains. 2.4.6 CATEGORY VI – ACTIVITIES LIKELY TO HAVE DIRECT IMPACTS TO RESOURCE AREAS AND WILL REQUIRE PREPARATION OF AN INDIVIDUAL NOI Except for MWPA exempt activities (see Section 2.4.1); the following will require preparation of a NOI or written approval from the NCC: ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.8  Work in Bordering Vegetated Wetlands, certified vernal pools, including grading, filling, excavating, impounding, ditching or draining, or diversion and/or discharge of untreated storm water directly into these resource areas; and  Dumping or plowing of snow into wetlands, vernal pools or water bodies. 2.5 INFORMATION PERTAINING TO THE USE OF HERBICIDES Per 310 CMR 10.03(6)(a-c), the use of herbicides will follow the MWPA regulations as shown below:  Any application of herbicides within any area subject to protection under the MWPA or the buffer zone associated with a structure or facility which is existing and lawfully located; used in the service of the public; and used to provide electric, gas, water, sewer, telephone, telegraph, and other telecommunication services shall be presumed to constitute work performed in the course of maintaining such structure or facility, and shall be accorded the exemption of suck work under the MWPA, only if the application of herbicides to that structure or facility is performed in accordance with such plans as are required by the Department of Food and Agriculture pursuant to 333 CMR 11.00 Rights of Way Management, effective July 10, 1987  Any application of herbicides within the buffer zone, other than as provided in 310 CMR 10.03(6)(a), shall be presumed not to alter an area subject to protection under the MWPA, only if the work is performed in accordance with such plans as are required by the Department of Food and Agriculture pursuant to 333 CMR 11.00 Rights of Way Management, effective July 10, 1987. This presumption shall apply only if the person proposing such activity has requested and obtained a determination of the boundaries of the Buffer Zone and Areas Subject to Protection under MWPA in accordance with 310 CMR 10.05(3)(a) 1. And 2; and has submitted that determination as part of the Vegetation Management Plan.  Any application of herbicides for management of rights of way within a riverfront area not subject to 310 CMR 10.03(6)(a) or (b), provided the area is outside any other resource area and qualifies under the provisions of 310 CMR 10.58(6)(a), shall be accorded an exemption of such work under MWPA, provided that the application of herbicides is performed in accordance with such plans as are required by the Department of Food and Agriculture pursuant to 333 CMR 11.00: Rights of Way Management 2.6 MOSQUITO CONTROL The practice of mosquito control has been ongoing in the City of Northampton for many years. The chemicals/treatments used have been approved by the City’s Board of Health and are used by other municipalities located within mosquito control districts. Likely treatment areas include all conservation areas within the City; all wetland/swamp areas within the City, with the exception of property owned by the Audubon Society; and all wetlands/swamps within the first 100 foot property boundaries of land owned by the Audubon Society. ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.9 DPW is currently not treating for mosquitoes, but may begin treatment in the future. Should treatment resume, DPW would use BTI (Bacillus thuringiensis israelensis), a bacteria to treat mosquito larvae in municipal wetlands and catch basins. Treatment is weather dependent, but usually happens in early spring. Mosquito control beyond municipal catch basins and wetlands will only be done at the request of the Board of Health and/or nuisance complaints from residents. Application shall be conducted by licensed pesticide applicators only, in accordance with safe handling and application guidelines. 2.7 NOTIFICATION AND SEQUENCE OF WORK PROTOCOL 1. Notification of the Conservation Commission DPW shall notify the Conservation Commission planner within 48 hours of commencement of any maintenance project that will occur within a resource area except for paved Riverfront Area or gravel roads within Bordering Land Subject to Flooding. DPW will provide NCC with a brief project description and location of work area. 2. Evaluation of Sensitive Areas Before DPW begins any work that will occur within a resource area except for paved Riverfront Area and/or gravel roads within Bordering Land Subject to Flooding and work listed under Category V, DPW’s Senior Environmental Scientist will evaluate whether the area is located within mapped habitat, a certified vernal pool and/or Outstanding Resource Water. NCC will be notified first via the Conservation Planner and if necessary a meeting will be scheduled to go over proposed work prior to the start of the maintenance activity. The Commission will have the opportunity to review and approve the work, approve the work with modifications, or determine that an additional filing is necessary. 3. On – site Meeting The DPW Superintendent or his/her representative shall meet with the Conservation Commission at the location of the proposed work for an on-site meeting within 48 hours of notification of the start of work. The entire Commission need not be present. The Superintendent or representative will present a verbal summary of proposed work, demonstrate that a copy of the BOOC is present at the site and that all individuals participating in the work have reviewed the BOOC. If the project is of a minor nature the Commission may elect that no site meeting is necessary. 4. Wetland and Other Resource Area Identification and Delineation The DPW will rely on the Senior Environmental Scientist to evaluate and identify the location of all resource areas protected under the MWPA and its regulations, as well as the local wetlands ordinance. DPW realizes that the Conservation Commission may require that the delineation be completed prior to proceeding with certain maintenance activities. This identification of resource area boundaries shall include those areas within the project limits of work, and those areas where work is within 50 feet of a resource area. The DPW will ROUTINE MAINTENANCE AND REPAIR ACTIVITIES BUNDLED NOTICE OF INTENT SUBMITTED TO THE NORTHAMPTON CONSERVATION COMMISSION 2.10 place wetland flagging tape, flags and any other methods necessary to locate these areas in the field. To the extent possible, these markers shall remain in place during construction. 5. Erosion and Sedimentation Controls Appropriate soil erosion, sediment and turbidity controls must be used and maintained in effective operating condition during maintenance activities, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. Appropriate soil erosion and sediment controls are management measures, practices and devices, such as phased construction, installation of sediment control barriers (i.e., silt fence, vegetated filter strips, geotextile silt fences, filter tubes, erosion control mixes, straw bales or other devices) downhill of all exposed areas, retention of existing vegetated buffers, application of temporary mulching during construction, and permanent seeding and stabilization, etc. Erosion, sediment and turbidity controls shall be capable of preventing erosion, of collecting sediment, suspended and floating materials, and of filtering fine sediment. Erosion and sedimentation controls should be selected, designed, installed and maintained by reference to “Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas: A Guide for Planners, Designers, and Municipal Officials” (MADEP March 1997). Temporary soil erosion, sediment and turbidity controls shall be removed promptly upon completion of work, but not until all disturbed areas are permanently stabilized. The sediment collected by these devices shall be removed and placed at an upland location in a manner that will prevent its later erosion into a waterway or wetland. Controls may be left in place if they are biodegradable, appropriate, and flows, animal passage, etc...are not disrupted. Biodegradable controls left in place, such as rolled erosion control products (e.g.., mulch control netting, erosion control blankets, turf mats, mulch socks, fiber rolls, wattles, etc.), must be composed of 100% biodegradable material.