GravelRoadAndWorkAreaCleanup_11_29_2022.pdfRichard Hudson and Joyce Vann
393 Riverside Drive
Florence, MA 01062
November 29,, 2022
Sarah LaValley
Northampton Conservation Commission
210 Main Street, Room 11
Northampton, MA 01060
Subject: Response to Notice of Intent Project:\6303\Noho Cutlery\Northampton concerning
Cleanup of the Proposed Gravel Road and Turnaround Area.
Dear Sarah LaValley,
The applicant proposes to build a and leave a gravel access road and work area running the
length of the site. This letter takes as fact that a gravel road provides almost no usable habitat
for plants, insects, small mammals, and reptiles, and impedes biological diversity. The Wetlands
Protection Act was enacted to protect these environmental qualities. Specifically the Wetlands
Protection Act 310 CMR 10.53(3)(q)(2)(f) states “f. temporary structures and work areas in
resource areas, such as access roads and assessment and monitoring devices, shall be
removed within 30 days of completion of the work. Temporary alterations to resource areas shall
be substantially restored to preexisting hydrology and topography.” This section is pertinent
since 10.53(3)(q) (full text below) is the very section the applicant relies to avoid achieving
background level of the contaminants and i specifically calls out such roads as having to be
removed.
The question seems to be whether this gravel road and work area is a temporary structure or a
required permanent structure. The NOI does not enumerate nor does the permanent solution
contains ongoing conditions where the only practicable alternative is a permanent road and
work area. Ongoing conditions requiring such a road seem counter to the very idea of a
permanent solution. The arguments that it need to be permanent are weak given that a road has
not needed in the past and the NOI offers no plan for the ongoing maintenance or need for such
a road. This leaves the economic argument and the NOI has provide no justification that the
increased cost is not practicable or that expenses exceeds DEP guidelines.
Finally a permanently solution that leaves a riparian zone looking like a construction site with an
abandoned gravel road and work area is not environmentally sound nor is it consistent with the
residential area zoning that surrounds most of the site nor the more restrictive SC zoning of the
site. For these and other reasons the project should be conditioned such that the road is
removed and the site “shall be substantially restored to preexisting hydrology and topography”
as the WPA requires.
Sincerely,
Richard Hudson and Joyce Vann
393 Riverside Drive
Florence MA. 01062
CC:
Wayne Feiden, FAICP Director Planning & Sustainability
Alex Jarrett,Ward 5 City Councilor
Alan Verson, Cutlery Building Associates
Joshua Surette, Senior Scientist Epsilon Associates
Gary Hartwell, Abutter
Gaby Immerman, Mill River Greenway Initiative
John Sinton, Mill River Greenway Initiative
[1] Full text of 310 CMR 10.53.(3)(q)
(q) Assessment, monitoring, containment, mitigation, and remediation of, or other response to, a
release or threat of release of oil and/or hazardous material in accordance with the provisions of
310 CMR 40.0000: Massachusetts Contingency Plan and the following general conditions
(although no such measure may be permitted which is designed in accordance with the
provisions of 310 CMR 40.1020: Background Levels of Oil and Hazardous Material solely to
reduce contamination to a level lower than that which is needed to achieve "No Significant Risk"
as defined in 310 CMR 40.0006(12)):
1. there are no practicable alternatives to the response action being proposed that are
consistent with the provisions of 310 CMR 40.0000: Massachusetts Contingency Plan
and that would be less damaging to resource areas. The alternatives analysis shall
include, at a minimum, the following: a. an alternative that does not alter resource areas,
which will provide baseline data for evaluating other alternatives; and b. an assessment
of alternatives to both temporary and permanent impacts to resource areas. A
"Comprehensive Remedial Action Alternative" that is selected in accordance with the
provisions of 310 CMR 40.0851 through 40.0869 shall be deemed to have met the
requirements of 310 CMR 10.53(3)(q)1.; and
2. such projects shall be designed, constructed, implemented, operated, and maintained
to avoid or, where avoidance is not practicable, to minimize impacts to resource areas,
and shall meet the following standards to the maximum extent practicable:
a. hydrological changes to resource areas shall be minimized;
b. best management practices shall be used to minimize adverse impacts during
construction, including prevention of erosion and siltation of adjacent water
bodies and wetlands in accordance with standard U.S.D.A. Soil Conservation
Service methods;
c. mitigating measures shall be implemented that contribute to the protection of
the interests identified in M.G.L. c. 131, § 40;
d. compensatory storage shall be provided in accordance with the standards of
310 CMR 10.57(4)(a)1. for all flood storage volume that will be lost;
e. no access road, assessment or monitoring device, or other structure or activity
shall restrict flows so as to cause an increase in flood stage or velocity;
f. temporary structures and work areas in resource areas, such as access roads
and assessment and monitoring devices, shall be removed within 30 days of
completion of the work. Temporary alterations to resource areas shall be
substantially restored to preexisting hydrology and topography. At least 75% of
the surface of any area of disturbed vegetation shall be reestablished with
indigenous wetland plant species within two growing seasons and prior to said
vegetative reestablishment any exposed soil in the area of disturbed vegetation
shall be temporarily stabilized to prevent erosion in accordance with standard
U.S.D.A. Soil Conservation Service methods. Temporary structures, work areas,
and alterations to resource areas are those that no longer are necessary to fulfill
the requirements of 310 CMR 40.0000: Massachusetts Contingency Plan; and
g. work in resource areas shall occur only when the ground is sufficiently frozen,
dry, or otherwise stable to support the equipment being used.