13-058 hatfield rd con comKeith L. Morris
622 Spring Street
Leeds, Massachusetts 01053
Tel/Fax (413) 584 -0633
January 19, 2001
Northampton Conservation Commission
210 Main Street
Northampton, MA 01060
RE: Boston & Maine Corporation
Request for a Determination of Applicability
Dear Commission Members:
Michael F. Gragnolati
45 North Street
Windsor Locks, Connecticut 06096
Tel/Fax (860) 623 -2588
On behalf of Boston and Maine Corporation (B & M), we are pleased to submit a Request for a
Determination of Applicability and accompanying track plans for B & M rights -of -way in your
community.
The applicant is requesting verification of sensitive areas (wetland boundary) as they pertain to the
Massachusetts Wetlands Protection Act (MWPA) MGL, Chapter 131, Section 40, and the Massachusetts
Department of Food and Agriculture (DFA) Pesticide Board Regulations 333 CMR 11.00.
Boston and Maine's rights -of -ways will be treated with herbicides in the spring /summer of 2001, as
allowed, for weed control. The Massachusetts Department of Food and Agriculture regulates the actual
application of herbicides. The enclosed Request for a Determination of Applicability is for verification of
sensitive areas (wetland boundary) only, and not the application of herbicides.
Verification of sensitive areas was originally approved in June 1993 and reapproved on June 23, 1997 .
Most communities conducted site inspections at that time. As per DFA Pesticide Regulations, the wetland
boundaries must be updated as part of the Vegetated Management Plan (VMP).
Please notify the undersigned of the date and time of the public meeting and, if necessary, site inspection
for this application. If you have any questions concerning this matter, please do not hesitate to contact our
office.
Sincerely,
�/�
eit L. Morris
Environmental Consultant
CC. Boston and Maine Corporation
Regional Office - DEP
Massachusetts Department of Environmental Pro
(� Bureau of Resource Protection - Wetlands Protection No rtha mpton
mon
i �`
WPA Form 1- Request for Determination of Applicabilit
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1. Applicant:
forms on the Boston and Maine Corporation (B & M)
computer, use
only the tab key Name E -Mail Address (if applicable)
to move your Iron Horse Park
cursor - do not Mailing Address
use the return North Billerica MA
key. CityTrown 01862
978 663 -6957
State Zip Code � Phone Number 978 663 -6907
Fax Number (if applicable)
2. Representative (if any):
Tartan
Keith Morris & Michael Gragnolati
Firm
Keith Morris
Contact Name E -Mail Address (if applicable)
622 Spring Street Street
Mailing Address
Leeds MA 01053
City/Town State
413 584 -0633 same Zip Code
Phone Number 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 subject to
jurisdiction of the Wetlands Protection Act.
® b. whether the boundaries of resource area(s) depicted on plans) 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).
WPA Fo'mI
Rev. 02100
Page 1 of 4
Massachusetts Department of Environmental Pro
Bureau of Resource Protection - Wetlands Protection Northampton
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
b
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Boston & Maine Rights Of Way Northampton
Street Address City/Town
see attached plans
Assessors Map /Plat Number Parcel /Lot Number
b. Area Description (use additional paper, if necessary):
The area consists of B & M Rights of Way in the community. See the attached plans and site locus
for location.
c. Plan and /or Map Reference(s):
Right Of Way Track Map, Boston & Maine Corporation
Title
Date
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
The applicant is requesting verification of the wetland boundaries as defined in the Massachusetts
Wetlands Protection Act (MWPA) MGL Chapter 131 Section 40 and the Massachusetts Department of
Food and Agriculture (DFA) Pesticide Board Regulations 333 CMR 11.00. The sensitive areas have
been delineated in the field by a color coded system approvedc by the MA -DFA. The system involves
painting or tags on the railroad ties as described in the attached additional information and Figure 2. This
application is for the verification of wetland boundaries only and not for the actual application of
herbicides. Prior to the application of herbicides a Yearly Operational Plan (YOP) is submitted to each
community and there is a 45 day review and comment period.
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).
MWPA 310 CMR 10.03 (6)
WPA Form
Rev. 02/00
Page 2 of 4
Massachusetts Department of Environmental Pro
Bureau of Resource Protection - Wetlands Protection Northampton
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
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.)
WPA Formt
Rev. 02/00
Page 3 of 4
Massachusetts Department of Environmental P
�( Bureau of Resource Protection - Wetlands Protection Northampton
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 Appendix A) 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:
Boston and Maine Corporation, Attention: Cynthia Scarano
Name
Iron Horse Park
Mailing Address
North Billerica
City/Town
MA 01862
State Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accorde with Section I - 05(3)(�b)(1) of the Wetlands Protection Act regulations.
Sig
Sig
WPA Form1
Rev. 02/00
01/19/01
Date
01/19/01
Date
Page 4 of 4
ADDITIONAL INFORMATION
BOSTON AND MAINE CORPORATION
Purpose
The purpose of this Request for a Determination of Applicability (RFDA) is for verification of sensitive
areas along Boston and Maine Corporation right -of -way (ROW) as per Massachusetts Department of
Food and Agriculture (DFA) Pesticide Board Regulations 333 CMR 11.00. The purpose of these
regulations is for the use of herbicides, as allowed, in the maintenance of the ROW.
Sensitive areas, as they pertain to the Massachusetts Wetlands Protection Act (MWPA) MGL Chapter
131, Section 40, include:
(a) Any bank,
any freshwater wetland
any coastal wetland
any beach bordering on
any dune
any flat
any marsh
or any swamp
(b) Land under any of the water bodies listed above
(c) Land subject to tidal action
the ocean
any estuary
any creek
any river
any stream
any pond
or any lake
Marking Svstem Used To Identify Sensitive Areas in Field
A color -coded marling system was implemented in the field to allow herbicide applicators to identify
the locations of sensitive areas adjacent to the roadbed. Specific railroad ties and rails were painted
according to the following color scheme:
Yellow - Limits of no spray zone. Represents a point on the railroad tracks
that is a minimum 10 feet away from an area subject to protection
under the MWPA 310 CMR 10.02 (1) (a) - (e) (bordering vegetated
wetlands, streams, ponds, etc.). No spraying is allowed between the
yellow ties.
Blue - Limits of buffer zone and restricted spray zone. Represents a
100 -foot buffer zone from a resource area or no spray (yellow)
marker. In the restricted spray zones, herbicides can only be
applied selectively by low- pressure 60 -psi) foliar application or
stem application.
White - Sensitive area warning marker. Indicates that the applicator is
either entering or leaving a restricted spray zone. White markers
are always adjacent to a blue tie. See Figure 2 for further
information.
DRAINAGE DITCHES
Drainage ditches are an important component of the railroad right -of -way. If properly maintained, these
ditches carry stormwater away from the tracks insuring that the bearing capacity of the soils under the
rail bed is not reduced. Proper maintenance of the roadbed includes keeping the ballast free of
vegetation and sediments, and insurin that flow in the drainage ditches is not impeded.
There are areas where ditches were not maintained in the past. In these areas water tends to pond and
hydrophytic (water loving) vegetation predominates. This condition reduces the bearing capacity of the
soils under the rail bed, which decreases the stability, the tracks.
In the wetland delineation process, drainage ditches, which contained wetland vegetation within a viable
wetland, were considered regulated and the tracks marked accordingly. Drainage ditches that were not
connected hydraulically shall be maintained with herbicides or by mechanical means. No herbicides
shall be applied to any ditches if water is present.
Boston and Maine Railroad
Corporation
Northampton, Massachusetts
SITE LOCUS
Figure — 1
1 Scale 1 O 2
0
1 / 2 1 Mile
Z Contour Interval 10 Feet
Base Map: U.S. Geological Survey, Quadrangle Location: Easthampton, Ut.Holyoke
Boston and Maine Railroad
Corporation
Northampton, Massachusetts
SITE LOCUS
Figure — 1
iE A 1 1 / 2 Scale 1 O 25,000
cc - 1 Mile
0
Z Contour Interval 10 Feet
Base Map: U.S. Geological Survey-, Quadrangle Location: Eosthompton. LILHolyoke
Boston and Maine Railroad
Corporation
Northampton, Massachusetts
SITE LOCUS
Figure — lb
_ 1
Scale 1 : 25,000
_ 1/2 0 1 Mile
0
Z I Contour Interval 10 Feet
Base Map: U.S. Geological Survey, Quadrangle Location: Eosthompton, AltHoyoke
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Doc; 992104131 OR /6145/0108 03/14/200114;43
Massachusetts Department of Environmental rrotecuon
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Ll
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.
reb
rsrwn
From:
Northampton Conservation Commission
Conservation Commission
To: Applicant
Boston & Maine Corporation (B &M)
Name
Iron Horse Park
Mailing Address
North Billerica MA 01862
City/Town State Zip Code
Property Owner (if different from applicant):
Name
Mailing Address
City/Town
State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Right of Way Track Map, Boston & Maine Corporation pp. 76 -102 January 19, 2001
Title Date
Title Date
Title Date
2. Date Request Filed:
January 19, 2001
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Verification of Wetland Boundaries
Project Location:
Boston & Maine Corporation right -of -ways, for the
entire rail segment from Easthampton to Hatfield City/Town
Assessors Map /Plat Number Parcel /Lot Number
wpaform2.doc • rev. 2128101 Page 1 of 5
Doc; 99210413108 /6145/0110 03/14/200114;43
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post- marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2 doc • rev. 227101
Page 3of5
Doc; 992104737 OR /6145/0111 03/14/200114;43
L1 Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory/regulatory provisions)
❑ 6. The area and /or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on U by certified mail, return receipt requested on
FPhrnary ?R_ 9nn
Date Date
Date sent to DEP: February 28, 2001
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see Appendix A) and the property owner (if different from the
applicant). Si natures:
C ,
February 15, 2001
Date
wpaform2.doc • rev. 2/14/01 Page 4 of 5
Doc; 992104131 OR /6145/0112 03/14/200114;43
Ll Massac husetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as
provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A
copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and to the applicant if he /she is not the appellant. The request shall state clearly and
concisely the objections to the Determination which is being appealed. To the extent that the
Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands
Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.
A. � ° ��ISTBS
p,Mp
!�•!'�'f!S'Yt gSBIRE•tlMLL&NNE L. DONOM
wpaform2.doc - rev, 2/27/01
Page 5 of 5