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I-91 Wildflower Bed EstablishmentImportant: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. ur O U .an Thum Massachusetts Department of Environmental Protection Bureau_. of Resource.P_rotection Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information From: Northampton Conservation Commission To: Applicant Property Owner (if different from applicant): MassHighway Department, c/o Albert R. Stegemann, P.E. D -2 Highway Director Name 811 North King Street Mailing Address Mailing Address Northampton MA 01060 City/Town State Zip Code City/Town 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Northampton: 1 -91 Wildflower Bed Establishment, sheets 2 and 3 of 11 Title Title Title Date 2. Date Request Filed: 9/18/2009 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): Install wildflower bed in median 1 -91. Project Location: 1 -91 in Northampton, median Street Address n/a n/a Northampton City/Town Assessors Map /Plat Number Parcel /Lot Number State Zip Code Date Date wpaform2.doc Determination of Applicability rev. 10/6/04 Page 1 of 5 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.) The following Determination(s) is /are applicable to the proposed site and /or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the. Buffer Zone). 5. The area and /or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc Determination of Applicability rev. 10/6/04 Page 2 of 5 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: wpaform2.doc Determination of Applicability rev. 10/6/04 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). All work shall be in accordance with the cited plans on file at the Office of Planning and Development; and in accordance with the Cons. Commission's wetlands standard conditions at www.NorthamptonMA.gov/OPD/wetlands. 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. Page 3 of 5 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.) 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 Date wpaform2.doc Determination of Applicability rev. 10/6/04 by certified mail, return receipt requested on 11/ /09 Date 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 http: /www. mass. gov /dep /about/region.findyour.htm) and the property owner (if different from the applicant). Date Page 4 of 5 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 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 http: /www. mass. gov /dep /about/region.findyour.htm) 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 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. wpaform2.doc Determination of Applicability rev. 10/6/04 Page 5 of 5 DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR THE COMMONWEALTH ___OF_.MASSACHU EXECUTIVE OFFICE OF TRANSPORTATION MASSACHUSETTS HIGHWAY DEPARTMENT CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bruce Young Northampton Conservation Commission City Hall- 210 Main Street Northampton, MA 01060 Dear Mr. Young: 014\ JLG/ C TPM (w /encl.) Derek Standish- DEP (w /encl.) Encl. OctobB 22, 2009; tOF e OCT 2 8 2009 DEPT OF PLANNING NORTHAMPTON, MA 01060 Re: Request for Determination of Applicability 1 -91 Wildflower Bed Establishment Project 604491 =trio JAMES A. ALOISI JR. SECRETARY LUISA PAIEWONSKY COMMISSIONER As you may recall, in June of 2005 MassHighway filed a RDA and received a Negative Determination of Applicability from the Commission for wildflower bed establishment in the median of I -91 in the City of Northampton. At that time we had expected that a Contract would be awarded for the proposed work soon thereafter. Unfortunately, due to unavoidable circumstances it was not possible to issue a Contract to allow the work to be completed prior to the expiration of the Determination (attached). We are now pleased to submit to you a new Request for Determination for the same work at the approximate same locations. We look forward to the issuance of a new Negative Determination that can allow work to be completed under an expected Contract. The Massachusetts Highway Department (MassHighway) is an agency of State Government and as such is exempt from local Conservation Commission by -laws and fees. In order for MassHighway to provide advertising payment, the newspaper must directly bill the Massachusetts Highway Department, at the address shown below. Once a public hearing has been scheduled, or if you have any questions regarding this request, please contact Timothy Meyer, District Environmental Engineer, at (413) 582 -0543. Sincerely, Albert R. Stegemann, P.E. District Highway Director 811 NORTH KING STREET, NORTHAMPTON, MA 01060 TELEPHONE: (413) 582 -0599 TELEFAX: (413) 582 -0596 WWW.MHD.STATE.MA.US Northampton: I -91 Wildflower Bed Establishment INDEX SHEET PROJECT FILE #604491 EWO #P604491P11 of Sheets 1. WPA Form 1 Request for Determination of Applicability 4 2. Attachment A Scope of Work 1 3. Exhibit 1 District 2- Northampton, I -91 Sketch 2 4. Exhibit 2 U.S.G.S. Locus Map 2 5. Exhibit 3 Environmental Features Map 3 6. WPA Form 2 Determination of Applicability (issued in 2005) 6 Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands Northampton City/Town___ WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Applicant: Albert R. Stegemann, P.E., District 2 Highway Director Name MassHighway, D2- 811 North King St Mailing Address Northampton City/Town (413) 582 -0599 Phone Number 2. Representative (if any): Massachusetts Highway Department, District 2 Firm Timothy Meyer, District Environmental Engineer Contact Name 811 North King Street Mailing Address Northampton City/Town (413) 582 -0543 Phone Number N/A E -Mail Address MA State (413) 582 -0596 Fax Number (if applicable) MA State (413) 582 -0596 Fax Number (if applicable) 01060 Zip Code Timothy.Meyer@mhd.state.ma.us E -Mail Address 01060 Zip Code 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 plan(s) and /or map(s) referenced below are accurately delineated. c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands Northampton City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 1 -91 Median- 2 Locations Street Address N/A Assessors Map /Plat Number b. Area Description (use additional paper, if necessary): Interstate 91 median, Northampton, 2 Locations: 1. approximate MM 24.4 to MM 24.6 2. approximate MM 25.2 to MM 25:4 c. Plan and /or Map Reference(s): District 2- Northampton, 1 -91 (2 Sheets) Title U.S.G.S. Locus Map (2 Sheets) Title Environmental Features Map (3 Sheets) Title Northampton City/Town N/A Parcel /Lot Number Undated Date 10 -13 -2009 Date 10 -13 -2009 Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Please see Attachment A for Scope of Work. wpaforml .doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands Northampton City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 310 CMR 10.58(6)(a) Riverfront Area: Any excavation, structure, road, clearing, driveway, landscaping, utility line...owned by a political subdivision...within the riverfront areas in existence on August 7, 1996. Maintenance of such structures or areas is allowed (including any activity which maintains a structure, roads (limited to repairs, resurfacing, replacing 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 of their buffer zones.... It is expected that work will not remove fill, dredge, or alter any resource area. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and /or attach appropriate documents, if necessary.) wpaforml.doc Page 3 of 4 wpaforml .doc Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands Northampton City/Town 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 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: Commonwealth of Massachusetts, Massachusetts Highway Department, District #2 Office Name 811 North King Street Mailing Address Northampton City/Town MA 01060 State Signatures: Signature of Applicant Zip Code I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Date Signatur of Repr entative (if an) Date ddd Page 4 of 4 MassHighway is initiating a pilot program in order to establish wildflower beds along state highways. The median of Interstate 91 has been identified as the initial test highway for the program. Our highways provide access to the splendors of nature as well as offer opportunities for natural beauty within their right -of -way. Wildflowers and other native plants provide visual character that enhances the natural scenic beauty of out nation's landscape. Wildflowers are being grown and protected on highway roadsides under other program initiatives instituted by States. Twelve locations of beds have been proposed in six municipalities between Holyoke and Bemardston. In order to gain the most knowledge and insight from this pilot program, each of these locations will vary by time of planting and seed variety. All herbicide use will be restricted to those chemicals approved under MassHighway's Yearly Operational Plan/Vegetation Management Plan, and in accordance with the Right -of -Way Management Regulations (333 CMR 11.00). Establishing wildflower beds is consistent with numerous state and federal initiatives, including MassHighway's Landscape Restoration Policy and the FHWA Roadside Use of Native Plants Program. In addition to the visual beauty wildflowers will offer to roadway travelers, this pilot program will aid in determining whether cost savings are realized due to reduced mowing. Scope of Work RTE 9 .BRIDGE STREE 460% a 2 4P 0 ABANDONED R.R. 4-4- tr -4 t-`! i OLD FERRY ROAD 1 ALL FLOWER BEDS SHALL BE LOCATED AT LEAST 20 FT. OFF THE EDGE OF PAVEMENT DISTRICT 2 INTERSTATE 91 1-I Ba# 9Rl 23S -63 0 d4 ��OLGE z Rm' SEED MIX: ANNUAL MIX A SEED MIX: NATIVE MIX A s 02,44 WILDFLOWER BED LOCATIONS #2 25.0 24.9 24.8 24.7 BED LO 'A #2 SITE PEBAIJQN• NON— HERBICIDAL 24.6 EXIT 19 24.5 24.4 24.3 24.2 =WE SHEET 2 OF 11 ALL FLOWER BEDS SHALL BE LOCATED AT LEAST 20 FT. OFF THE EDGE OF PAVEMENT BED SITE DISTRICT 2 INTERSTATE 91 SEED MIX: ANNUAL MIX B SEED MIX: NATIVE MIX B BOX 26.1 26.0 25.9 25.8 25.6 25.5 LOCATION #3 PREPERATION: NON-HERBICIDAL 25.4 25.3 CALL BOX WILDFLOWER BED LOCATIONS #3 25.2 SHEET 3 OF 11 1133LI151SV N 0 V Aft W o 0 0. E ca s t 0 Z 0) O N 0 1 N 6 0. cts 2 cn 0 J c ui \V\N-`'N' co W E E L E W ca 0 C20 rd I� £Wo N It O t%1 to RS C ?`m vs CD CD O w4; C CD a) E 0 O .5 E w ca t 0 Z Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act Kai_ c, 131, §40 A. General Information Important: 'd"lh rr ilitinu out F forms on the compkiter, use only the tab key to move your cursor do riot use the Athert R.' Ste return key. rn: Northam ton oanservation Comrission way Department, sot =2 iCe King Street, Northampton t C,r+ a hwn Title Date .(or Revised Date'd appii bte 1.91 District 2 of vier B ds;Sh ets: =4 -5. l- c pro posed i tildflower Beef Establienrn ent P 'act 614491 Areas "Aft Title 2. Date Request Filed: 0/2005 f s ant to tie ;atlil'i Retest for C?ata Veil Mims Pro' ombonz Northampton M(u 21.8 -i M2 M2 Northampton MM24A— MM24_J MM25.4 r t v City roym USOS Locus Map Assessors Map ?Plat Number M1 moments: do cateraiatio and made Project Description (it appliot;bie) Bstab I ish ment of wildflower beds aronco.the stag highway 06/30/2005 Date 0/2005 Date To: Applicant P.E. Digit 2 Dir tot Massachusetts Department of Enviranmental- Protection Bureau of Resource Protection -Wads VVPA Form 2 —Determination of Applicability Massachusetts Wetiaads Protection Act M.G ..L_. c. 131_, §40 B. Determination (cant) The following Determination(s)'is/are app[tcable to the proposed site anchor project relative to the 'wetlands Protection Act and regulations: Positive Determination Note. No work wihin tthe jusisclicSon e th tetlarids Protection Act may proceed unti a final Order c of Conditions (issued forming .submittal cf a Notice cf Intent or AbbreviatedNotice of intent) 'or -Order of Resource Area Delineation .4suedfofoow submittal d Sirrnptifed Review ANRAD) has r from ring authority Q. Commission n or the partm rortrien rote s o The a 'Jason o i lie r plats( is aflame subject to protectnn under thQ Removincg,. filling, dredging, or altering, of the area requires te filing of a Ncoti of tntera. 0 2a. The boundary delineations of the following resource areas described en the referenced plan( confirrneti as accurate. Therefore, the resource area boundaries confirmed in this Determination, are binding as to all decisions rendered pursuant to the Wetlands Protection pct and its regulations regerOing such boundaries for as long as this Determination is valid:. l�w 3. The WOlic described. on re e —ric plan( s} and dacurr ent('S) is within a! x area subjed to protection under the Act and MI remove, fill;, dredge, Or after that Thsreira_ said Work requires the filing of a Notice of Intent 0 4. The work described on referenced pian(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act Therefore, said work requires the filing of a Notice of intent or ANRAD Simplified Review (if work is limited to the Suffer Zone rx a laurthdpetty Pursue the folio 2b. The boundaries of resource e areas lisp t eta `are n a4 CCanfirrr l b r tl is Determinations, regardless of whether such boundaries are ccnta irsed on the p atxs attached to this 3 eterrrsination o to the Request for Determination. 5_ The area andior work described on referenced plan(a) and document($) is subjectt to red and approval bar "cal name e cr bylaw: 8 r 5v IM