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X281564 401 WQC major Paradise Pond Smith College_Without_Signature.pdf Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Kathleen A. Theoharides Secretary Martin Suuberg Commissioner This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper July 23, 2019 Garry Hartwell Smith College Facility Management 126 West Street Northampton, MA 01063 Re: COMBINED PERMIT – CHAPTER 91 PERMIT AND 401 WATER QUALITY CERTIFICATION Application for BRP WW 26, Major Dredging/Fill At: Paradise Pond along Mill River, Connecticut Watershed, NORTHAMPTON MA 401 WQC Transmittal №: X281564 Wetlands File №: 246-0725 Chapter 91 Permit №: 18-5420 EOEEA Certificate №: 15282 ACoE Application №: NAE-2012-02550 Dear Mr. Hartwell: The Department has reviewed your application for a combined Chapter 91 Dredge Permit and Water Quality Certification (“Combined Permit”), referenced above. In accordance with the provisions of Section 401 of the Federal Clean Water Act as amended (33 U.S.C. §1251 et seq.), MGL c.21, §§ 26-53, 314 CMR 9.00 and MGL c.91, 310 CMR 9.00, the Department has determined there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law. The waters of Paradise Pond are designated in the Massachusetts Surface Water Quality Standards as Class B. Such waters are intended "as habitat for fish, other aquatic life and wildlife and for primary and secondary contact recreation.” Anti- degradation provisions of these Standards require that "existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.” Background: Paradise Pond is an impoundment of the Mill River, located on the campus of Smith College in the City of Northampton (Figure 1). The Paradise Pond dam existed in some form since the mid-1700s. The Pond is heavily used and enjoyed by 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 2 Smith College and surrounding community for educational and recreational purposes, and is an integral part of the campus. Figure 1. Paradise Pond located in Smith College, Northampton MA (modified from Google and MassGIS). Figure 2. Paradise Pond Dam (from previous 401 WQC X263942) 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 3 Paradise Pond has traditionally experienced heavy sedimentation where the rate of flow or velocity diminishes as the Mill River enters the Pond. The dam is also preventing deposition of sediment at the downstream reach of Mill River. The downstream portion of the Mill River has been modified numerous times, most recently by the Army Corps of Engineer (ACoE)’s Mill River Flood Control Project. In the 1940’s the ACoE constructed the Mill River Diversion which relocated the river channel from its former course through downtown Northampton to its present southwesterly course of less developed areas of the city. This segment of the Mill River is channelized/ armored, while other sections retain more natural characteristics. On August 30, 2007, the Department issued a Water Quality Certification (W138784) to Smith College to dredge Paradise Pond and another WQC (X263942) was issued on September 22, 2015 to dredge the pond. Similar maintenance dredging has been performed since the 1990’s. There were many activities completed in the years following the 2014 Sediment Management Plan (SMP) for the dredging of Paradise Pond. Monitoring stations were established on the Mill River, upstream and downstream from the pond. Bathymetry of pond was surveyed multiple times and sediment was characterized according to grain size, organic content and various chemical parameters. Along with this, high flow releases were attempted and results were monitored and reported at three annual symposia. The results of past studies suggest that a balance in the interests can be found, with some potential benefits to the overall river habitat below the Smith College Dam. Proposed Project: The goal of the proposed project is to maintain a minimum of 2 feet of pond depth year round throughout the entirety of Paradise Pond, in order to help meet the needs of the Smith college campus. Maintaining this depth will help to improve ecological conditions downstream, and minimize the frequency of drawdowns. Based upon the knowledge gained from Phase I and II (Experimental) of the 2014 SMP, many elements of the 2014 SMP have been retained such as monitoring, adaptive management and reporting strategies. A Revised SMP has been developed to guide the release or sluice of sediment from Paradise Pond after Phase I and II have been completed. Implementation strategies have been proposed regarding the sluicing procedure in the Revised SMP. General implementation: Under partial drawdown conditions, the accumulated sediment will be mechanically redistributed to elevation 133 feet. Shallower sediments will be moved to deeper areas of the pond to potentially result in more sediment transport over the spillway, and sediment will be moved closer to the gate to be effectively sluiced during periods of high flow. The low level outlet will continue to be open during high flow conditions (>200cfs). Sediment transport will be monitored into and out of the pond. An annual report of activities taking place in each year will continue 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 4 to be provided via a symposium to which all partners and other interested parties will be invited (See 401 WQC COMBINED PERMIT CONDITION #8). Proposed Drawdown Procedures and Sediment Redistribution: a single, annual drawdown expected to last up to eight weeks is allowed1. Any additional drawdowns, or the need for the drawdown to exceed eight (8) weeks, shall require additional review and written approval from the MA Division of Fisheries & Wildlife and MassDEP.  Will occur annually in order to ensure two feet water depth throughout Paradise Pond.  Based upon previous experience of drawdowns in the Pond, it is anticipated that efforts will take less than one month and will consist of the following steps: 1. Drawdown will take approximately 1 day. 2. Dewatering (drying period) will take from 3-6 days. 3. Mechanical redistribution will take less than 5 days. 4. Refilling of the pond is anticipated to take less than one week.  All drawdowns for mechanical redistribution will begin on or after November 1st.  Full, normal pool elevation shall be achieved by April 1st. It should be noted that dewatering of the work area needs to be controlled to minimize the release of suspended sediments into downstream resources. A turbidity curtain would be installed downstream and water quality should be monitored during dredging and dewatering activities to ensure that water quality standards are met. It is required that the applicant prepare a dewatering plan and water quality monitoring plan (See 401 WQC COMBINED PERMIT CONDITION #10) for submittal prior to initiating the work. Equipment and Access: Only a bulldozer will be used as equipment in the Pond and will be required to use biodegradable hydraulic fluids, if available. The existing boat ramp will be the primary mode of entry into the pond. Short term weather forecasts will be monitored closely to ensure that equipment is removed from the pond and the work is suspended. Flow Threshold for Sediment Sluicing: Based on knowledge acquired from the Experimental Phase, the mechanical redistribution for the Revised SMP is intended to induce sediment to move as close as possible to the gate, so that they can be available for sluicing through the low level outlet during periods of high flow conditions. The proposed project is to enlarge the project area from 6.66 acres to 9.8 acres, and the total cubic yards of redistributed sediment will be decreased significantly from over 10,000 cubic yards to 1,500 to 3,000 cubic yards to be sluiced per year. Sediment sampling data: In June 2018, 15 core sediment samples from Paradise Pond were taken for chemical analysis. The presence of metals and Polynuclear Aromatic Hydrocarbons (PAHs), Volatile Organic Compounds (VOCs) and Extractable Petroleum Hydrocarbons (EPHs) were detected in low concentrations, below the Reportable Concentration (RC) S-1 criteria of the Massachusetts Contingency Plan 1 According to a letter from Thomas W. French, from Massachusetts Division of Fisheries & Wildlife, to Northampton Conservation Commission, dated October 10, 2018. 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 5 (MCP). The detected chemical concentrations were also compared to the Probable Effects Concentration (PEC) and the Threshold Effects Concentration (TEC). There was no PEC exceedance and there was some TEC exceedance in nine contaminants. It should be noted that the Polychlorinated Biphenyls (PCBs) were reported as non- detect, but only the aroclors were analyzed and not the congeners. Aroclor is one of the most commonly known trade names for PCB mixtures. An Aroclor PCB mixture might consist of over 100 different individual PCB congeners, although 10-20 might make up over 50% of the mixture. There are 209 distinct congeners with from 1 to 10 chlorine atoms on a biphenyl molecule. PCB congener data may offer a more complete representation of PCB over Aroclor data since Aroclor is a mixture. In this instance, the potential for PCB is an environmental risk is minimal because it was not detected in the chemical analysis. Results of the gradation analysis show that the silt content for DS-1, US-1, SS-1, SS-2, and SS-3 are 58.6 percent, 10.5 percent, 14 percent, 8.4 percent, and 1.7 percent respectively of the sediment samples passing the No. 200 Standard Series Testing Sieve. Beneficial Reuse of sediments: Sediment will be distributed throughout the pond to enhance habitat areas. Rare Species and Rare Wildlife Habitat: The site is located within the Priority Habitats of Rare Species, Estimated Habitats of Rare Wildlife in accordance with the Massachusetts Natural Heritage Atlas, 14th Edition. The Natural Heritage & Endangered Species Program (NHESP) of the MA Division of Fisheries & Wildlife has found that the Mill River and the diversion of the River between the Paradise Pond impoundment and its confluence with the Connecticut River is within the mapped Priority & Estimated Habitat of several state-listed species1. It includes Ocellated Darner (Boyeria grafiana), Skillet Clubtail (Gomphus ventricosus), Dwarf Wedgemusse (Alasmidonta heterodon), Yellow Lampmussel (Lampsilis cariosa), Eastern Pondmussel (Ligumia nasuta), Creeper (Strophitus undulatus) and Wood Turtle (Glyptemys insculpta). These species and their habitats are protected pursuant to the implementing regulations of the Massachusetts Endangered Species Act (MESA) (321 CMR 10.00) and the rare species provisions of the Wetlands Protection Act (WPA). Therefore, it must be conditioned to avoid adverse effects to the Resource Area Habitats of state- listed wildlife species (310 CMR 10.58 (4)(b), 10.59) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a))1(See 401 WQC COMBINED PERMIT CONDITION #9). Time of Year Restriction (TOY) for In-Water Work: The Paradise Pond is part of Mill River which is listed by Massachusetts Division of Fisheries & Wildlife as a Coldwater Fishery Resource due to the presence of a population of Brook Trout. However, there are few records of Brook Trout below Paradise Pond and certainly there is no spawning 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 6 which would be protected by the TOY. Therefore, no other TOY for this project is required2. Public Notice: The public notice of the combined dredge permit for Chapter 91 and 401 WQC on was published in the Daily Hampshire Gazette on January 9, 2019. The Department did not receive any comment during the 21-day public comment period under 314 CMR 9.05(3)(e) and the 15-day public comment period under 310 CMR 9.13(1)(c)5, which ended on January 30, 2019 and January 24, 2019, respectively. Section 61 Findings: Pursuant to M.G.L. Chapter 30, Sections 61 to 62H (M.E.P.A.) this project was reviewed as EOEA No.15282 and the Secretary’s Certificate, issued on October 5, 2018, found that an Environmental Impact Report (EIR) was not required. Therefore, based on information currently in the record, the Department grants a Combined Permit for this project subject to the following conditions to maintain water quality, to minimize impact on waters and wetlands, and to ensure compliance with appropriate state law. The Department further certifies in accordance with 314 CMR 9.00 that there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law. Finally, the Department has determined that upon satisfying the conditions and mitigation requirements of this approval, the project provides a level of water quality necessary to protect existing uses and accordingly finds that the project to be implemented satisfies the Surface Water Quality Standards at 314 CMR 4.00. CHAPTER 91 PERMIT CONDITIONS 1. Acceptance of this Combined Permit shall constitute an agreement by the Applicant to conform to all terms and conditions stated herein. 2. This Combined Permit is issued upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Applicant prior to the commencement of any activity hereby authorized. 3. This Combined Permit shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This Combined Permit may be revoked after the Department has given written notice of the alleged noncompliance to the Applicant, or his agent, and those persons who have filed a written request, with the Department, for such notice and have afforded the Applicant a reasonable opportunity to correct said noncompliance. 4. This Combined Permit is issued subject to all applicable federal, state, county, and municipal laws, ordinances, by-laws, and regulations, including but not limited to, a 2 According to an email from Caleb Slater, from Massachusetts Division of Fisheries & Wildlife, to Briscoe Lang, from Pare Corporation, dated July 11, 2019. 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 7 valid Order of Conditions issued pursuant to the Wetlands Protection Act, M.G.L. Chapter 131, s.40. 5. This Combined Permit is issued upon the express condition that dredging and transportation and disposal of dredge material shall be in strict conformance with all applicable requirements and authorizations of the Department. 6. The Applicant shall assume and pay all claims and demands arising in any manner from the work authorized herein, and shall save harmless and indemnify the Commonwealth of Massachusetts, its officers, employees, and agents from all claims, audits, damages, costs and expenses incurred by reason thereof. 7. Dredging under this Combined Permit shall be conducted in a manner not to cause unnecessary obstruction of the free passage of vessels. When conducting authorized dredging, care shall be taken not to cause any shoaling. If, however, any shoaling is caused, the Applicant shall, at his expense remove the shoal areas. The Applicant shall pay all costs of supervision, and if at any time the Department deems necessary a survey or surveys of the area dredged, the Applicant shall pay all costs associated with such work. Nothing in this Combined Permit shall be construed as to impair the legal rights of any persons, or authorize dredging on land not owned by the Applicant without consent of the owner(s) of such property. 401 WQC COMBINED PERMIT CONDITIONS 1) The Contractor shall take all steps necessary to assure that the proposed activities will be conducted in a manner that will avoid violations of the anti-degradation provi- sions of the Massachusetts Surface Water Quality Standards that protect all waters, including wetlands. 2) Prior to the start of work or any portion of the work thereafter, the Department shall be notified of any change(s) in the proposed project or plans that may affect waters or wetlands. The Department will determine whether the change(s) require a revision to this Certification. 3) Dredging in accordance with this Certification may begin following the 21-day appeal period and once all other permits have been received. 4) Work in waters and wetlands shall conform to the Revised Sediment Management Protocol prepared by the Pare Corporation3. The Department shall be notified if there are modifications and or deletions of work as specified in the plans. Depending on the nature and the scope of any change, approval by the Department may be required. 3 REVISED SEDIMENT MANAGEMENT PROTOCOL, Paradise Pond on the campus of Smith College, Northampton, Massachusetts, dated February 2019/Revised March 12, 2019. Smith College and PARE Corporation. 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 8 5) The Department shall be notified, attention David Wong 617-292-5893, one week prior to the start of in-water work so that Department staff may inspect the work for compliance with the terms and conditions of this Certification. 6) The applicant and its contractor shall allow agents of the Department to enter the project sites to verify compliance with the conditions of this Certification. 7) The Certification remains in effect for the same duration as the federal permit that requires it or five years from the date of issuance of this Certification whichever comes first. 8) At the completion of the Year 1 study, a copy of the annual report shall be submitted to the Department for review. At a minimum, the annual report shall include a summary of the Year 1 activities, its findings, conclusions and the scope of activities to be conducted in Year 2. Following year activities shall not commence without obtaining approval of the report and recommended next year’s activities from the Department. 9) Since there is no need to protect the spawning and juvenile development of Brook Trout, no TOY is required for excavation/dredging, cofferdam construction, or other in-water work. However, only a single, annual drawdown on or after November 1st and last up to eight weeks is allowed and full, normal pool elevation shall be achieved by April 1st. 10) No later than 21-days prior to any activity commencing on the project site, the applicant shall monitor turbidity (no less than weekly) immediately downstream of the project site. This baseline data shall be utilized to determine acceptable turbidity levels during the period of drawdown/dewatering/sediment sluicing event. The applicant shall submit a turbidity (NTU) monitoring plan to the Department for acceptance within eight weeks of the effective date of this Certification or four weeks prior to the commencement of the drawdown and dredging operation whichever comes first. The drawdown flow rate shall not exceed 4 cubic feet per second per square mile of drainage area (cfsm)4. Turbidity measurements will be taken for real 4 MassDEP’s Guidance for Aquatic Plant Management in Lakes and Ponds As It Relates to the Wetlands Protection Act (Lealdon Langley, Lisa Rhodes, Michael Stroman 2014) provides that, during drawdown, downstream flow rates should be equal to flow rates expected under normal conditions, since changes in stream flow can impact fish populations (different species habitats are dictated by depth, current velocity and area, and stability of flow). To protect fisheries resources, the DFG recommends that the drawdown rate not exceed 4 cubic feet per second per square mile of drainage area (cfsm), as measured at the outlet structure, or not exceed three inches of lake elevation change per day, whichever results in the lower downstream flow rate. This drawdown rate and the time of year guidance provided in Section B - Wildlife Habitat (below) are general guidance that would apply to many water bodies. However, because some lakes will require higher flow rates or longer drawdown periods due to lake volume, drawdown conditions exceeding those recommended in these paragraphs should be weighed against potential impacts to fisheries or wildlife on a case-by-case basis. Once the drawdown level has been achieved, lake outflow must equal lake inflow for the duration of the drawdown. During the lake refill period, MA Department of Fish and Game recommends that 0.5 cfsm be maintained at the outflow. While this flow rate is considered optimal for all life stages of fish, the flow rate which occurs at a specific location is dependent on the watershed size, geology and 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 9 time monitoring for the duration of the dewatering/dredging/sediment sluicing operation. If the turbidity during operation is greater than 50 NTU than the background, the project should be stopped and the applicant shall immediately control any silt problems that occur at the site. The applicant shall also immediately notify MassDEP’s 401 WQC Program in the Boston Office (attention David Wong, 617-292-5893) of the proposed corrective action plan. If necessary, MassDEP require additional turbidity and/or damage prevention controls it may deem necessary. Sedimentation barriers or turbidity curtain shall serve as the limit of work unless another limit of work line has been approved by MassDEP pursuant to this Certification. 11) The applicant shall consult with MA Division of Fisheries and Wildlife (DFW) to determine the appropriate measures necessary to protect aquatic wildlife in project area and establish the need for qualified observer to proper manage aquatic organisms inside Paradise Pond and downstream area. A final report of the monitoring relocation efforts shall be submitted to MassDEP and copied to the Northampton Conservation Commission. If there is any die-off event, written report shall be submitted to DFW and copy to MassDEP. 12) Within 90 days of the completion of the initial dredging and any future maintenance dredging to be conducted authorized under this Combined Permit, a bathymetric survey of the dredged/fill area within Paradise Pond depicting post-dredge conditions shall be conducted. At a minimum, the survey shall include an overlay of the dredge/fill footprint (i.e. top of slope) with sufficient coordinates in the Massachusetts State Plane (e.g. longitude and latitude) to clearly delineate the dredge footprint. The survey shall be submitted within five working days after its completion to the Department. 13) No later than four weeks after issuance of the Permit, the applicant shall submit a notification procedure outlining the reporting process to the Department for incidents, relating to the dredging activities, impacting surrounding resource areas and habitats such as, but not limited to, observed dead or distressed fish or other aquatic organisms, observed oily sheen on surface water, sediment spill, turbidity plume beyond the deployed BMP’s, and barging or equipment accident/spill. If at any time during implementation of the project any incident creates environment impacts such as those listed above, all site related activities impacting the water shall cease until the source of the problem is identified and adequate mitigating measures employed to the satisfaction of the Department. 14) The applicant, or its contractor, shall make every feasible effort to complete the project within the permitted timeframe. Should the applicant, or their contractor, fail to complete the project and wish to request an amendment to the Certification for incursion into the dewatering period, the written request shall be received by the stream regulation devices such as dams and outlet structures, and should be determined by flow sampling prior to the initiation of the project, or by consultation of stream gage records in the area. 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 10 Department by October 15th. The following information shall be included in the request: a) Project location and transmittal number, b) The date on which dredging started, c) The number of days and hours per day the dredge/excavation/dewatering/sediment sluicing operated, d) Expected daily average production rate and the actual daily average production rate, e) An explanation of why the project failed to remain on schedule, f) An account of efforts made to get the project back on schedule, g) A plan depicting the areas that remain to be dredged/excavated, h) The number of cubic yards that remain to be dredged/excavated, i) An accurate estimate of the number of days required to complete the project, j) An evaluation of the impact of continued dredging/excavation on the species of concern, k) A description of any efforts that will be made to minimize the impacts of the project on the species of concern, and a realistic assessment of any societal/financial effects of a denial of permission to continue dredging. --------------------------------------------------------------------------------------------------------------------- Failure to comply with this Combined Permit is grounds for enforcement, including civil and criminal penalties, under MGL c.21 §42, 314 CMR 9.00, MGL c. 21A §16, 310 CMR 5.00, MGL c.91, 310 CMR 9.00 or other possible actions/penalties as authorized by the General Laws of the Commonwealth. This Combined Permit does not relieve the applicant of the obligation to comply with other applicable state or federal statutes or regulations. Any changes made to the project as described in the previously submitted Notice of Intent, Combined Permit application, or supplemental documents will require further notification to the Department. NOTICE OF APPEAL RIGHTS Chapter 91 Appeal Process (310 CMR 9.17) Pursuant to 310 CMR 9.17(1)(a) and 9.17(2), the applicant may appeal this decision within twenty-one (21) days of the date of Combined Permit issuance, by submitting a written request, by certified mail, for an adjudicatory hearing. Any notice of claim for an adjudicatory hearing must include the following information: the DEP Combined Application license/permit Number; the complete name, address and telephone number of the party filing the request; if represented by counsel, the name, address and telephone number of the attorney; a clear statement that a formal adjudicatory hearing is being requested; and a clear and concise statement of the specific objections to the Department's license decision, and the relief sought through the adjudicatory hearing, including, specifically, the changes desired in the final Combined Permit. 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 11 The following persons shall have the right to an adjudicatory hearing concerning this decision by MassDEP to grant or deny a license or Combined Permit, in accordance with 310 CMR 9.17(1): a. an applicant who has demonstrated property rights in the lands in question, or which is a public agency; b. any person aggrieved by the decision of MassDEP to grant a Combined Permit who has submitted written comments within the public comment period; c. ten (10) residents of the Commonwealth who, pursuant to M.G.L. c. 30A, § 10A, have submitted comments within the public comment period with at least 5 of the 10 residents residing in the municipality(s) in which the Combined Permit activity is located. The appeal shall clearly and specifically state the facts and grounds for the appeal and the relief sought, and each appealing resident shall file an affidavit stating the intent to be part of the group and to be represented by its authorized representative; d. the municipal official in the affected municipality who has submitted written comments within the public comment period; and e. CZM, for any project identified in 310 CMR 9.13(2) (a) for CZM participation or, in an Ocean Sanctuary, if it has filed a notice of participation within the public comment period. A person requesting an adjudicatory hearing must submit a “Notice of Claim” to the Department, with a copy of the MassDEP Transmittal Form and including the detail specified below, within twenty-one (21) days of the date of issuance of this decision. The MassDEP Fee Transmittal Form is available at the following website: http://www.mass.gov/eea/docs/dep/service/adr/adjherfm.doc. The Notice of Claim must be made in writing and sent by certified mail or hand delivery to: Case Administrator MassDEP One Winter Street, 2nd Floor Boston, MA 02108 A copy of the complete Notice of Claim must be sent at the same time by certified mail or hand delivery to: (1) the applicant, (2) the municipal official of the city or town where the project is located, and (3) the issuing office of the MassDEP, which in this case is located at: MassDEP Waterways Regulation Program [appropriate Regional Office address] The MassDEP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to: 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 12 Mass. Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, Massachusetts 02211 Information must be included in the hearing request Pursuant to 310 CMR 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include the following information: (a) the 401 Combined Permit Transmittal Number and MassDEP Waterways Application File Number; (b) the complete name, address, fax number and telephone number of the applicant; (c) the address of the project; (d) the complete name, address, fax number, and telephone number of the party filing the request and, if represented by counsel, the name, address, fax number, and phone number of the attorney; (e) if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the definition of “aggrieved person” found in 310 CMR 9.02; (f) a clear statement that a formal adjudicatory hearing is being requested; (g) a clear statement of the facts which are the grounds for the proceedings, the specific objections to the MassDEP’s written decision, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written decision; and (h) a statement that a copy of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. Dismissal of request The request for appeal will be dismissed if the filing fee is not paid, unless the appellant is exempt or is granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Please note that the Department may revoke this Combined Permit for non-compliance with the terms and conditions set forth. Therefore, it is recommended that you contact the Department prior to performing any alterations or use modifications for review and, if necessary, approval pursuant to M.G.L. Chapter 91. --------------------------------------------------------------------------------------------------------------------- 401 WQC Appeal Process (314 CMR 9.10): 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 13 Certain persons shall have a right to request an adjudicatory hearing concerning Combined Permits by the Department when an application is required: a. the applicant or property owner; b. any person aggrieved by the decision who has submitted written comments during the public comment period; c. any ten (10) persons of the Commonwealth pursuant to M.G.L. c.30A where a group member has submitted written comments during the public comment period; or d. any governmental body or private organization with a mandate to protect the environment, which has submitted written comments during the public comment period. Any person aggrieved, any ten (10) persons of the Commonwealth, or a governmental body or private organization with a mandate to protect the environment may appeal without having submitted written comments during the public comment period only when the claim is based on new substantive issues arising from material changes to the scope or impact of the activity and not apparent at the time of public notice. To request an adjudicatory hearing pursuant to M.G.L. c.30A, § 10, a Notice of Claim must be made in writing, provided that the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP Fee Transmittal Form within twenty-one (21) days from the date of issuance of this Certificate. Case Administrator Department of Environmental Protection One Winter Street, 2nd Floor Boston, MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the issuing office of the Wetlands and Waterways Program at: Department of Environmental Protection One Winter Street, 5th Floor Boston, MA 02108. A Notice of Claim for Adjudicatory Hearing shall comply with the Department’s Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information pursuant to 314 CMR 9.10(3): a. the 401 Combined Permit Transmittal Number and DEP Wetlands Protection Act File Number; b. the complete name of the applicant and address of the project; 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 14 c. the complete name, address, and fax and telephone numbers of the party filing the request, and, if represented by counsel or other representative, the name, fax and telephone numbers, and address of the attorney; d. if claiming to be a party aggrieved, the specific facts that demonstrate that the party satisfies the definition of “aggrieved person” found at 314 CMR 9.02; e. a clear and concise statement that an adjudicatory hearing is being requested; f. a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the objections to this Certificate, including specifically the manner in which it is alleged to be inconsistent with the Department’s Water Quality Regulations, 314 CMR 9.00, and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written Combined Permit; and g. a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant, the owner (if different from the applicant), the conservation commission of the city or town where the activity will occur, the Department of Environmental Management (when the certificate concerns projects in Areas of Critical Environmental Concern), the public or private water supplier where the project is located (when the certificate concerns projects in Outstanding Resource Waters), and any other entity with responsibility for the resource where the project is located. The hearing request along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory-hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. ______________________________________________________________________ Failure to comply with this Combined Permit is grounds for enforcement, including civil and criminal penalties, under MGL c.21 §42, 314 CMR 9.00, MGL c. 21A §16, 310 CMR 5.00, or other possible actions/penalties as authorized by the General Laws of the Commonwealth. 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 15 If you have questions about this decision, please contact David Wong at 617-292-5893. Sincerely, Stephanie Moura Director Division of Wetlands and Waterways enclosure: Communication For Non-English Speaking Parties - 310 CMR 1.03(5)(a) Chapter 91 Plan Set ecc: Briscoe Lang, PARE Corporation, 8 Blackstone Valley Place, Lincoln, RI 02865 Barbara Newman and Paul Sneeringer, Regulatory/Enforcement Division, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742-2751 Susan You, MassDEP, 1 Winter Street, Boston, MA 02108 David Cameron and Mark Stinson, MassDEP WERO, 436 Dwight Street, Springfield, MA 01103 Sarah LaValley, Northampton Conservation Commission, 210 Main Street, Northampton, MA 01060 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 16 Massachusetts Department of Environmental Protection One Winter Street, Boston MA 02108 • Phone: 617-292-5751 Communication For Non-English Speaking Parties - 310 CMR 1.03(5)(a) 1 English: This document is important and should be translated immediately. If you need this document translated, please contact MassDEP’s Diversity Director at the telephone numbers listed below. 2 Español (Spanish): Este documento es importante y debe ser traducido inmediatamente. Si necesita este documento traducido, por favor póngase en contacto con el Director de Diversidad MassDEP a los números de teléfono que aparecen más abajo. 3 Português (Portuguese): Este documento é importante e deve ser traduzida imediatamente. Se você precisa deste documento traduzido, por favor, entre em contato com Diretor de Diversidade da MassDEP para os números de telefone listados abaixo. 4(a) 中國（傳統）(Chinese (Traditional): 本文件非常重要，應立即翻譯。如果您需要翻譯這份文件，請用下面列出的電話號碼與MassDEP的多樣性總監聯繫。 4(b) 中国（简体中文）(Chinese (Simplified): 本文件非常重要，应立即翻译。如果您需要翻译这份文件，请用下面列出的电话号码与MassDEP的多样性总监联系。 5 Ayisyen (franse kreyòl) (Haitian) (French Creole): Dokiman sa-a se yon bagay enpòtan epi yo ta dwe tradui imedyatman. Si ou bezwen dokiman sa a tradui, tanpri kontakte Divèsite Direktè MassDEP a nan nimewo telefòn ki nan lis pi ba a. 6 Việt (Vietnamese): Tài liệu này là rất quan trọng và cần được dịch ngay lập tức. Nếu bạn cần dịch tài liệu này, xin vui lòng liên hệ với Giám đốc MassDEP đa dạng tại các số điện thoại được liệt kê dưới đây. 7 (Kmer (Cambodian): MassDEP 8 Kriolu Kabuverdianu (Cape Verdean): Es documento é importante e deve ser traduzido imidiatamente. Se bo precisa des documento traduzido, por favor contacta Director de 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 17 Diversidade na MassDEP’s pa es numero indicode li d’boche. 9 Pусский язык (Russian): Этот документ является важным и должно быть переведено сразу. Если вам нужен этот документ переведенный, пожалуйста, свяжитесь с директором разнообразия MassDEP по адресу телефонных номеров, указанных ниже. 10 ةيبرعلا (Arabic): لاصتلاا ىجري ،ةمجرتملا ةقيثولا هذه ىلا ةجاحب تنك اذا .روفلا ىلع مجرتت نأ يغبنيو ةماهلا ةقيثولا هذه يف عونتلا ريدمEDsaaMP.هاندأ ةجردملا فتاوهلا ماقرأ ىلع 11 한국어 (Korean): 이 문서는 중요하고 즉시 번역해야합니다. 당신이 번역이 문서가 필요하면 아래의 전화 번호로 MassDEP의 다양성 감독에 문의하시기 바랍니다 12 հայերեն (Armenian): Այս փաստաթուղթը շատ կարեւոր է եւ պետք է թարգմանել անմիջապես. Եթե Ձեզ անհրաժեշտ է այս փաստաթուղթը թարգմանվել դիմել MassDEP բազմազանությունը տնօրեն է հեռախոսահամարների թվարկված են ստորեւ. 13 یسراف (Farsi (Persian): .تسا هدش همجرت اروف دياب و تسا مهم دنس نيا ريدم عونت سامت ام اب افطل ،هدش همجرت دنس نيا هب زاين امش رگاEDsaaMP رکذ یاه نفلت هرامش رد .ريز رد هدش 14 Français (French): Ce document est important et devrait être traduit immédiatement. Si vous avez besoin de ce document traduit, s'il vous plaît communiquer avec le directeur de la diversité MassDEP aux numéros de téléphone indiqués ci- dessous. 15 Deutsch (German): Dieses Dokument ist wichtig und sollte sofort übersetzt werden. Wenn Sie dieses Dokument übersetzt benötigen, wenden Sie sich bitte Diversity Director MassDEP die in den unten aufgeführten Telefonnummern. 16 Ελληνική (Greek): Το έγγραφο αυτό είναι σημαντικό και θα πρέπει να μεταφραστούν αμέσως. Αν χρειάζεστε αυτό το έγγραφο μεταφράζεται, παρακαλούμε επικοινωνήστε Diversity Director MassDEP κατά τους αριθμούς τηλεφώνου που αναγράφεται πιο κάτω. 401 WQC – Transmittal # X281564 Paradise Pond, Northampton 18 17 Italiano (Italian): Questo documento è importante e dovrebbe essere tradotto immediatamente. Se avete bisogno di questo documento tradotto, si prega di contattare la diversità Direttore di MassDEP ai numeri di telefono elencati di seguito. 18 Język Polski (Polish): Dokument ten jest ważny i powinien być natychmiast przetłumaczone. Jeśli potrzebujesz tego dokumentu tłumaczone, prosimy o kontakt z Dyrektorem MassDEP w różnorodności na numery telefonów wymienionych poniżej. 19 हिन्दी (Hindi): यि दस्तावेज मित्वपूर्ण िै और तुरंत अनुवाद किया जाना चाहिए. आप अनुवाद इस दस्तावेज़ िी जरूरत िै, नीचे सूचीबद्ध फोन नंबरों पर MassDEP िी ववववधता ननदेशि से संपिण िरें. USGS, MassGIS PARADISE PONDSEDIMENT MANAGEMENTNORTHAMPTON, MA PARE PROJECT No. 12148.01 MAY 2018 8 BLACKSTONE VALLEY PLACELINCOLN, RI 02865(401) 334-4100 10 LINCOLN ROAD, SUITE 210FOXBORO, MA 02035(508) 543-1755 SCALE:1"=200'.CONSTRUCTION ACCESS LOCATION PLAN PARADISEPOND BOAT RAMPCONSTRUCTION ACCESS PLUNGE POOL PARADISE POND A A B B REVISIONS: PROJECT NO.: APPROVED BY: DRAWN BY: DESIGNED BY: CHECKED BY: SCALE: DATE: DRAWING NO.: SHEET NO. DRAWING TITLE: OF 1" SCALE ADJUSTMENT GUIDE 0" ORIGINAL DRAWING BAR IS ONE INCH ON POND VOLUME SURVEY 1 2 12148.01 JUNE 2018 AS SHOWN SECTION B-B SECTION A-A SCALE: 1"=20' H 1"=4' V REVISIONS: PROJECT NO.: APPROVED BY: DRAWN BY: DESIGNED BY: CHECKED BY: SCALE: DATE: DRAWING NO.: SHEET NO. DRAWING TITLE: OF 1" SCALE ADJUSTMENT GUIDE 0" ORIGINAL DRAWING BAR IS ONE INCH ON PLUNGE POOL SECTIONS 2 2 12148.01 JUNE 2018 AS SHOWN SCALE: 1"=20' H 1"=4' V