36_-305_letterAEE 110 Cardinal Way- wetlands NOI- proposed side sloper ._
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WETLANDS NOI
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PROPOSED SIDE SLOPE
SURFACE IMPROVEMENT
ACTIVITIES ASSOCIATED WITH
THE FORMER P. ALLEN
LANDFILL
NORTHAMPTON,
MASSACHUSETTS
Prepared for:
Mr. Ed Allen
P. Allen and Sons, Inc.
105 Maynard Road
Northampton, MA 01060
Project No. 01-207345
August, 2008
Prepared By:
ECS
588 Silver Street
Agawam, MA 01001
tel 413.789.3530 fax 413.789.2776
www:ecsconsult-com
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Project Descri Lion
Necessary side slope surface improvement activities associated wlenttof Envplotnrnental
Conditions 7 & 8 as decribed within the Massachusetts. departm
Protection (MassDEP)-Division of Solid Waste Management's RE: Initial Site
Assessment (ISA) approval document dated May 5, 2008 (Attachment I). Activities will
be temporay in nature, will have negligible impacts to the area of concern, and will not
include alteration, removal, and/or dedging of the re urfic al deb s, primarilysmet is
improvement activities will include the removal of larg
objects and tires, creating minimal resource area surface distubance.
During side slope surface improvement activitirea surroupndineneach activity
erosion/migration/impact to surface waters of concern, the a g
will be lined with silt screen and/or straw bails.. It is anticipated that all areas will be
returned to_the original surface condition and grade. Following activities contractor will
re-seed disturbed areas.
C. Other A licable Standards and Re iairements Attachment.
1 (a) Previous NHESP Tracking No. 07-22953
1 (d)(1): Project is exempt from MESA review:
Please reference 321 CMR 10.14 (11)
5: Activity within the Resource Area exempt from performance standards of wetland
regulations, 310 CMR 10.00:
Please reference 310 CMR 10.02 (1)(g),
310 CMR 10.02 (2), and
3.10 CMR 10.53 (p)
6 (b): Project exempt to provisions of the
Standards:
MassDEP Storm Water Management
Project activities will yield <1 acre of soil disturbance, no new development,
redevelopment, and/or new discharges.
D. Additional Information.
3: Based on a visual observation of current conditions and apparent Bankfull field
indicators such as, changes in slope, riverbank undercuts, and changes in riverbank
materials, ECS u~.ilized the Bankfull indicators as an estimation of the Mean Annual High
Water Line (MAHWL) to present the 100 foot and 200 foot riverfront boundaries as
depicted on the site plan provided.
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ATTACHMENT II
NOI -CHECK FOR MASSDEP & CONSERVATION COMMISSION
~1
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Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
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`-' Note:
Before
completing this
form consult
~J your local
Conservation
Commission
regarding any
municipal bylaw
l_
or ordinance.
J
a
artment of Environmental Prote~.~ion
Massachusetts yep
Bureau of Resource Protection -Wetlands
__
V~PA Form- 3 -Notice of Intent
Massachusetts Wetlands Protection Act M,G.L. c. 131., §40
A. General Information
^ Check if more than one owner
1. Project Location (i~iote: electronic filers will click on button to locate project site):
Northampton 01060
234 Easthampton Road b. City/Town c. zip code
a. Street Address 72.3915
42.1759
Latitude and Longitude: d. Latitude e. Longitude
Ma 44 Parcel 115
g. Parcel /Lot Number
f. Assessors MaplPlat Number
2. Applicant:
Edward Allen
b. Last Name
a. First Name
P. Allen & Sons, LLC
c. Organization
105 Ma Hard Road
d. Street Address 01060
Northampton MA
f. State g. Zip Code
e. City/Town
(413) 586-7844 Email Address
h. Phone Number i. Fax Number i•
3. Property owner (required if different from applicant):
a. First Name
P. Allen & Sons, LLC
c. Organization
105 Maynard Road
d. Street Address
Northampton
e. City/Town
(413) 586-7844
h. Phone Number i. Fax Number
4. Representative (if any):
MA
f. State
j. Email address
John
a. First Name
Environmental Compliance Services, Inc.
c. Company
588 Silver Street
d. Street Address
b. Last Name
Niedzielski
b. Last Name
Providetl by MassDEP:
MassDEP FileNumbe~
Documert Transaction Number,.
Northampton
City/Town
01060
g. Zip Code
01001
A swam f S ate g. Zip Code
e. City/Town
(413)789-3530 (413) 789-2776 jniedzielski(a?Pr•sconsult com
h. Phone Number i. Fax Number j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$42.50 $67.50
$110.00 b. State Fee Paid c. CitylTown Fee Paid
a. Total Fee Paid
-~
l.J
Page 1 of 8
wpaform3.doc • rev. 02121/08
r--,
~~ Massachusettsapartment of Environmental Prot Lion
U
Bureau of Resource Protection -Wetlands
7. ~
WPA F®~'t~1 -Notice of intent
~~ assachusetts Wetlands Protection Act M.G.L. c. 131, §40
M
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~~
U
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it
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A. General Information (continued)
Size of Proposed Alteration Proposed Replacement (if any)
6. General Project Description:
Necessary side slope surface improvement activities associated with the completion of Conditions 7
& 8 as decribed within the Massachusetts department of Environmental Protection (MassDEP)-
Division of Solid Waste Management's RE: Initial Site Assessment (ISA) approval document dated
Ma 5, 2008 Attachment I .
7a. Project Type Checklist:
1. ^ Single Family Home 2. ^ Residential Subdivision
3. ^ Limited Project Driveway Crossing 4. ^ Commercial/Industrial
5. ^ Dock/Pier 6. ^ Utilities
7. . ^ Coastal Engineering Structure 8. ^ Agriculture (e.g., cranberries, forestry)
9. ^ Transportation 10. ® Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 (coastal) or 310 CMR 10.53 (inland)?
1. ^ Yes ®No If yes, describe which limited project applies to this project:
2. Limited Project
8. Property recorded at the Registry of Deeds for:
Hampshire
a. County
1
For all projects
affecting other
Resource Areas,
please attach a
narrative
explaining how
the resource
area was
delineated.
b. Certificate # (if registered land)
?_97
243
c. Book d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. ^ Buffer Zone Only -Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. ® Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Resource Area
a. ^ Bank
b. ^ Bordering Vegetated
Wetland
c. ^ Land Under
Waterbodies and
Waterways
wpaform3.doc • rev. 02/21/08
1. linear feet
1. square feet
1. linear feet
3. cubicyards dredged
._
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Northampton
City/Town
2. linear feet
2. square feet
2. linear feet
Page 2 of 8
Massachusetts~partment of Environmental Prot~ion Pro„idad byMassol=_P;
Ci .
Bureau of Resource Protection -Wetlands MassDEF File Number
C tl r ~ FOt'il'1 3 - ~®tIC@ of ~Ilt@t1t DocumentTransactien Number„
~ ,nID _ § Northa
~~ Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 mpton
City/Town
~
i_ 1 B. Buffer~Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Resou_ce Area Size of Proposed Alteration Proposed Replacement (if anyl
~) d, ^ Bordering Land
1. square feet 2. square feet
Subject to Flooding
3. cubic feet of flood storage lost 4. cubic feet replaced
e. ^ Isolated Land
( Subject to Flooding 1. square feet
i] 2. cubic feet of flood storage lost 3. cubic feet replaced
Mill River, Rocke Brook, & unnamed surface water
~
~ f. ® Riverfront. Area 1. Name of Waterway (if available)
- 2. W idth of Riverfront Area (check. one):
~ ^ 25 ft. -Designated Densely Developed Areas only
l ^ 100 ft. -New agricultural projects only
®200 ft. -All other projects
672,800
s. Total area of Riverfront Area on the site of the proposed project: square feet
,
nt Area:
f
Ri
U
. ro
ver
4. Proposed alteration of the
~(
~ o 0 0
b. s uare feet within 100 ft. c. square feet between 100 ft. and 200 ft.
a. total square feet q
~ s. Has an alternatives analysis been done and is it attached to this NOI? ^ Yes ® No
U
s. Was the lot where the activity is proposed created prior to August 1, 1996? ®Yes No
_._ 3. ^ Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
Check all that apply below. Attach narrative and supporting documentation describing how the project
will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Resource Area Size of Proposed Alteration Proposed Replacement (if anyl
a, ^ Designated Port Areas Indicate size under Land Under the Ocean, below
b. ^ Land Under the Ocean
1. square feet
2: cubic yards dredged
c. ^ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. ^ Coastal Beaches
1. square feet
2. cubic yards beach nourishment
~~ e. Coastal Dunes
^ 1. square feet
2. cubic yards dune nourishment
Page 3 of 8
wpaform3.doc • rev. 02121/08
l ~ ~ ~• Provided by'MasspEP:
~~ Massachusetts`~spartment of Environmental Prot..-. ion
Bureau of Resource Protection -Wetlands MassDEP FIIe Number
WP!`1 ~Qr"~ ~ - NOtICe Of Intent Document Transaction Number
- ~ Massachusetts Vlletlands Protection Act M.G.L. c. 131, §40 Northampton
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
l Size of Proposed Alteration Proposed Replacement (if any)
~J
f, ^ Coastal Banks 1. linear feet
g. ^ Rocky Intertidal
Shores 1. square feet
h. ^ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation
', I i. ^ Land Under Salt
~- Ponds 1. square feet
~J 2. cubic yards dredged .
J j ^ Land Containing
Shellfish 1. square feet
k. ^ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1. cubic yards dredged
I. ^ Land Subject to
J Coastal Storm Flowage 1. square feet ,
' 4. ^ Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW b. square feet of Salt Marsh
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species ActlWetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare iNildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
r- Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts
Ll Natural Heritage Atlas or go to http~//www mass qov/dfwele/dfw/nhesp/nhregmap.htm.
~1 a. ®Yes ^ No If yes, include proof of mailing or hand delivery of NOI to:
1 Natural Heritage and Endangered Species Program
I Division of Fisheries and Wildlife
7/2007 Route 135, North Drive
~ b. Date of map Westborough, MA 01581
} If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR
complete Section C.1 .d, if applicable. If MESA supplemental information is not included with the NOI,
~ by complefing Section 1 of this form, the NHESP will require a separate MESA filing which may fake
up to 90 days to review (unless noted exceptions in Section 2 apply, see below).
I~
`~' _ Page 4 of 8
wpaform3.doc ~ rev. 02/21/08
n Massachusetts~partment of Environmental Prot~:.tion ProV'ided by MassDEP:
I__ I
BUreaU Of ReSOUrCe PrOteCtlOn - WetiandS MassDEP File Number
Y!! r A ~01 ~ J - NOtICe ~~'ntent Document Transaction Number
l J Massach~lsetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton
-- - City/Town
C. Other Applicable Standards and Requirements (cont'd)
1. c. Submit Supplemental Information for Endangered Species Review *
Cl
1. ~ Percentage/acreage of property to be altered:
JI (a) within wetland Resource Area percentage/acreage
~J 0
0
(b) outside Resource Area percentage/acreage
I ~ 2. ~ Assessor's Map or right-of-way plan of site
s. ®Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work **
(a) ~ Project description (including description of impacts outside of wetland resource area &
buffer zone)
(b) ^ Photographs representative of the site
(c) ^ MESA filing fee (fee information available at:
~--~ http://www.mass.qov/dfwele/dfw/nhesp/nhenvmesa.htm)
Make check payable to "Natural Heritage & Endangered Species Fund" and mail to
(~ NHESP at above address
U Projects altering 10 or more acres of Land, also submit:
(1 (dj ^ Vegetation cover type map of site
U (e) ^ Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the Following
1. ® Project is exempt from MESA review.
~"-~ Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
http•//www mass qov/dfwele/dfw/nhesp/nhenvexemptions.htm; the NOI must still be sent to
NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.)
(1 2. ^ Separate MESA review ongoing.
U a. NHESP Tracking Number b. Date submitted to NHESP
3.0 Separate MESA review completed.
Include copy of NHESP "no Take" determination or valid Conservation & Management
Permit with approved plan.
J Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP
review (see www.nhesp.orq regulatory review tab). Priority Habitat includes habitat for state-
listed plants and strictly upland species not protected by the Wetlands Protection Act.
`-~ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans
even if such plans are not required as part of the Notice of Intent process.
I~
~-
wpaform3.doc • rev. 02/21/08 Page 5 of 8
~~ ~~ Provided by MassDEP:
1 Massachusettslb~partment of Environmental Prot~.:cion
Bureau of Resource Protection -Wetlands MassDEP File Number
- -
n WP/~ F®1"i~1 3 -- Notice of intent
I l Document Transaction Number
J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton
City/Town
I _l C. Other Applicable Standards and Requirements (cont'd)
2. For coastal projects only, is any portion of the proposed project located below the mean high water
j ~ . line or in a fish run?
l I a. ® Not applicable -project is in inland resource area only
b. ^ Yes ^ No If yes, include proof of mailing or hand delivery of NOI to either:
South Shore - Cohasset to Rhode North Shore -Hull to New Hampshire:
Island, and the Cape & Islands:
(~ Division of Marine Fisheries -
L J Division of.Marine Fisheries - North Shore Office
Southeast Marine Fisheries Station Attn: Environmental Reviewer
n Attn: Environmerital Reviewer 30 Emerson Avenue
I 838 South Rodney French Blvd. Gloucester, MA 01930
New Bedford, MA 02744
J Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
For coastal towns in the Southeast Region, please contact
Offi
'
l ce.
s Boston
please contact MassDEP
MassDEP's Southeast Regional Office.
t
) 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
._ If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEl?
Online Users: a. ^ Yes ® No Website for ACEC locations). Note: electronic filers click on Website.
a Include your ..
document
transaction
_ number
vided on b. ACEC
4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
00?
314 CMR 4
ds
d
St
( (pro
your receipt .
,
ar
an
(ORW) as designated in the Massachusetts Surface Water Quality
page) with all
supplementary
a. ^ YeS ® No
information you
submit to the
5. Is any portion of the. site subject to a Wetlands Restriction Order under the Inland Wetlands
astal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
C
th
Department. o
e
Restriction Act (M.G.L:. c. 131, § 40A) or
a. ^ Yes ®No
C~ 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ^ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. ^ Applying for Low Impact Development (LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. ^ A portion of the site constitutes redevelopment
a. ^ Proprietary BMPs are included in the Stormwater Management System. .
b. ® No. Check why the project is exempt:
j ~ 1, ^ Single-family house
l 2. ^ Emergency road repair
a. ^ Small Residential Subdivision (less than or equal to 4single-family houses or less than or
J equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
Page6of8
'-vl wpaform3.doc • rev. 02/21/08
~~ Provided by MassDEP:
~~ Massachusettsl~,epartment of Environmental Prot~~ ion
Bureau of Resource Protection -Wetlands MassoEP File Number
_~
W PA ~ ®~"~ 3 - N OtI CE', Df ~ me nt Document Transaction Number;'
` ' Massachusetts Wetlands Protection A.ct M.C.L. c. 131, §40 Northampton
City/Town
D. Additional Information
~- Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
-J Online Users: Attach the document transaction number (provided on your receipt page) for any of the
following information you submit to the Department.
L~ 1, ® USGS or other map of the area (along with a narrative description, if necessary) containing
J sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
~, 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
~-- the boundaries of each affected resource area.
~, l
s. ® Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
~~ and attach documentation of the methodology.
4. ® List the titles and dates for all plans and other materials submitted with this NOI:
P. Allen & Sons, Inc. Eastham ton Road, Northam ton, MA 01060
t_J a. Plan Title
b Prepared By c. Signed and Stamped by
CJ 7/19/2007 1 "-150"
d. Final Revision Date e. Scale
~-1 g. Date
I `JI f. Additional Plan or Document Title
~ 5. ^ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
s. ® Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ^ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
u $. ® Attach NOI Wetland Fee Transmittal Form
g. ^ Attach Stormwater Report, if needed.
E. Fees
1. ^ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form) to confirm fee payment:
2. Municipal Check Number
~J
I
4. State Check Number
3. Check date
5. Check date
6. Payor name on check: First Name
7. Payor name on check: Last Name
Page7of8
wpaform3.doc • rev. 02/21/08
LJ ~'
Massachusetts Department of Environmental Protection
--
l ~'~~- Bureau of Resource Protection - etlands
~~ ~~~ F
rl Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. ~dditiona! information (cont.)
Provided by DEP:
---- -
DEP Flle Number
DacumentTransaciion Number
city/Town
~ .~ a. ® Attach NOI Wetland Fee Transmittal Form
s. ^ Attach Stormwater Management Form, if needed.
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department (see Instructions and NOI Wetland Fee Transmittal
L__ Form).
(`~ No filing fee shall be assessed far projects of any city, town, county, or district of the Commonwealth,
federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts
Bay Transportation Authority.
l J Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
~ J Transmittal Form) to confirm fee payment:
1. Municipal Check Number 2. Check data
3.5tate Cheok Number 4. Check dale
Environmental Compliance Services Inc.
L 5. Payar name on check: First Name 6. Payor name on check: Last Name
G. Signatures and Submittal Requirements
(~ I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
L documents, and supporting data are true and complete to the best of my knowledge. 1 understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail
(_ (return receipt requested~to all abutters within 100 feet of the property line of the project location.
"re of Applicant /l~ ~ w `~ (~ ,~w/ Date ~/{~ /~ J~
~ /v~.~.I~Y~.R.,` ~~~ R ~~ f. ~M fwlM
Signature of Property Owner (if different} /// Date
Signature of Representative (if any} Date
r_
j-1 Fori*iOnSBrVltlOn ColYln't15Slon:
l J Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents;
two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment
1 must be sent to tha Conservation Commission by certified mail or hand delivery.
i
For DEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents; one copy
(- of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be
J sent to the DEP Regional Office (see 1nsWcfions} by certified mail or hand delivery. (E-filers may submit
these electronically.)
~~
J wpaform3.dac • rev. 91/30106 Page S of 9
i t
~ ,) Important:
_ When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
,~~ key.
L ~ t~~
IL]
r~
L
J
i
Massachusetts a~ partment of Environmental Prot~ion
Bureau of Resource Protection -Wetlands
NOL Wetland Fe-e Transrnittal F®rm _ -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .
A. Applicant Information
1. Applicant:
Edward Allen
a. First Name b. Last Name
P. Allen & Sons, LLC.
c. Organization
105 Ma Hard Road
d. Mailing Address MA 01060
Northam ton f. State - g. Zip Code
e. CityfTown
(413) 586-7844 Email Address
h. Phone Number i. Fax Number 1•
2. Property Owner (if different):
To calculate
filing fees, refer
to the category
fee list and
examples in the
instructions for
filling out WPA
Form 3 (Notice of
Intent).
a. First Name b. Last Name
P. Allen & Sons, LLC.
c. Organization
105 Ma Hard Road
d. Mailing Address 01060
Northam ton MA
f. State g. Zip Code
e. CitylTown
(413) 586-7844 Email Address
h. Phone Number i. Fax Number 1•
3. Project Location:
234 Easthampton Road
a. Street Address
6. Fees
Northampton
b. City/Town
The fee should be calculated using the following six-step process and worksheet. Please see
Instructions before filling out worksheet.
Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and
buffer zone.
Step 21Number of Activities: Identify the number of each type of activity.
Step 311ndividual Activity Fee: Identify each activity fee from the six project categories listed in the
instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per
category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
Step 5ITotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 61Fee Payments:'To calculate the state share of the fee, divide the total fee in half and subtract
$12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.
Page 1 of 2
Forth • rev. 2121108
,,--- ~
Massachusetts`ve~partment of Environmental Protion
. l
Bureau of Resource Protection -Wetlands
.,, NO! Wetland Fee transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
~_
B. Fees (continued)
Step 1/Type of Activity Step 21Number Step
of Activities 3lindividuai
~~ Activity Fee
I~
Category 1-Resource Improvement 1 $110.00
U
Step 4/Subtotal Activity
Fee
110.00
LJ
~.J
Step 51Total Project Fee:
Step 61Fee Payments:
$110.00
Total Project Fee: a. Total Fee from Step 5
~~ $42.50
State share of filing Fee: b. v2 Totai Fee iess $2.50
r $67.50
~ City/Town share of filling Fee: c. 1/2 Total Fee pies $12.50
U t
C. Submittal- Requirements
~~ a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
~ the Commonwealth of Massachusetts.
Department of Environmental Protection
J Box 4062
IJ Boston, MA 02211
!~ b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
~-
IJ
Page 2 of 2
I ~Woafor 3.doc • Wetland Fee Transmittal Fonn • rev. 2I21I08
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FIGURES & MAPS
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r-` ~ '`~ A~ ~ F~~; Enwronmenfal Gompliance Services, [nc.
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Excerpt from Northampton Assessors Map #~44
0 50 100 200 300 400 .50~
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ATTACHMENT IV
ISA APPROVAL DOCUMENT
i
--~ ~,
,,
_Y .
~ ~ CO1bIMONWEALTH OF MASSACHUSE~
EXECUTNE OFFICE OF ~NERGY & E
~ DEPARTMENT OF ENVIR0I~TNIENT
~ ~ 'WESTERN REGIONAL OFFICE
43fi Dwight Stet • Springfield, Massachusetts 01103 •
DEVAL L. PATRICK
Governor
TIMOTHY P. MiTRRAY
Lieutenant Governor
-~ Mr . Edward Allen May 'S ,
P. Allen & Sons, LLC
} 105 Maynard Road
~i ~ Northampton, MA_010b0 ~.
Re: APPROVAL
INITIAL.SITE ASSESSMENT
At: P. Allen Inactive Landfill
n ~. 234 Easthampton Road, Northampton, MA
~ J DSWM File # 08-214-0~.5
Transmittal' # W2081.63
~i FMF # 39573 .
j ~ Dear Mr. Allen:
~~73 ys. .
TS
WIRONMENTAL AFFAIRS
~L PROTECTION .
13) 784-1100
IAN A BOWLES
Secretary
-LAURIE BURT
Commissioner
2008 '
nn ~~C`~. ~'~L~II
U. ~~ -•~ ~ ~ • .t
'~ fJ %!! - ~' 2..
L
r
On March 6, ,2008, Massachusetts Department of Environmental
Protection (MassDEP) received the report entitled:
. Initial•Site Assessment i
Former P. A11en Landfill
Northampton, Massachusetts
II March•2008
u
L~
• The Report was prepared for the P. Allen and Sons, LLC (P. Allen)
~..--_~La:ndfill . (.Landf.ill)~located~2.34._Easthampton_Ro~d, zNort_hampton, MA.
The Report, submitted under transmittal #W208163, ~was~prepared by
your consultant, Environmental Compliance Service ("ECS"}. The
Transmittal form bears your certification.
On April 23, 2048, MassDEP received a Sup~lemental• Submittal,
which included revised plans referenced as Figures 2 and•3. The
plans bear the seal and signature of Kevin Sheehan, Massachusetts"
Professional Sanitary Engineer No. 34024.
The purpose of the assessment process is to etermine the. impact
of the landfill on groundwater, surface water, and air quality by
qualitatively and quantitatively.characteri ing ..the nature and
extent of contamination and assessing the'lassociated risks to
public health and the environment. The assessment process is
normally implemented in a three (3) phase appoach, which.incl~udes
This information is available In allern~te format. Call Donald A1. Gumes, ADA Coordinn~or at 617-55]057. TDDi{ B6b-539-7622 nr 617.574-6868.
D[P on the Worid Wide Web: ht1pJ/wvm.mass.gov/dep
is
~„~ Printed on Recycled Pacer
,~~ .
~_~
_ ,ISA Report.. _ ,, _ Page 2 of 12
~~ P. A11en-Northampton
~-
the performance of an Initial Site Assessment (ISA}, Comprehensive
• Site Assessment (CSA}, and a Corrective Action Alternatives
I~ Analysis (CAAA). Specific tasks, which are required• to be
addressed, during each of these three (3} assessment phases, can be
~-J found presented in the Outline For Solid Waste Site Assessment,
J ~ which is included as Appendix C in MassDEP' s Landfill Technical
Guidance Manual (Revised May 1997).
~l The Scope of Work for the ISA was approved in a Permit issued .by
~. MassDEP on March 23, 2007. The
proposed Scope of Work was mare
_ comprehensive than a standard ISA Study, and included some
(~ fieldwork.
The Initial Site Assessment (ISA) Report, hereinafter referred to
rn~ ;----~ •as .the "Report", contains information relative to the existing
lj landfill site. ;;The information presented encompasses a number of
~-- ~ir ,,~- topics . intTiiding site ownership and associated ' ~ land use,
operational practices, local. and regional geology/hydrogeology,
~ sensitive environmental receptors, investigation results, and a
~-~ i Scope of Work for Future environmental monitoring.
REPORT REVIEW
j ~ ~.,.,_ _ . _..... _. _... _ .
-~ The Report indicates that the Landfill commenced operations
possibly as early as 1902 and ceased operations prior to April 21,
1971. .
~J The ,landfill operated as a burn dump most of it life. The limit of
r-I the Burn Fill Area identified in the, Report is approximately 7.3
j ~ acres. In the early 1980's approximately two acres of the
southwest portion of .the property was covered with .approximately
~-~ 2000 yards of .fill. The fill contained some asphalt, brick and
concrete waste as confirmed by test pits. This area is referred to
~ .as the "ABC Fi11 Area" . The Burn Fill Area and the ABC Fill Area
.are separate and distinct. •
U There is presently a permitted solid waste transfer facility
located above the landfill on Parcel C. A Site •Assi.gnment :..for. 2Q^~..._
~" acres'"was= i"ssu~d'b" 4th hoard of"Health for the transfer station
. on December 17, 1987 and amended on July 7 „ 1988. The transfer
station. is presently leased to Waste Management, Inc. The transfer
station is not presently operating. In addition, there are several
^~ other buildings located on the property beyond the limits of
U waste.
~-- The property: is located east of Easthampton Road. Rocky Brook
i abuts the property -to the northeast. Mill River and wetlands abut
~Y the property to east and an intermittent stream and wetlands abut
the property to the south. Much of the surrounding land is owned
by the Massachusetts Audubon Society and remains unoccupied. To
i. the west and southwest are residential dwellings. •
-l
u
~,
~~
(~4 ISA Report
l_~ P. Allen-Northampton
~-- ~ There were no active water supply
ll of the property: The private water
. was reportedly taken out of service
~ Page _3 -of 12
wells identified within 1 mile
supply well located on Parcel A
•in 1999.
The landfill is located witihin an area ident~.fied as an NHESP
Estimated Habitat of Rare Wildlife in Wetland .Areas. No areas of
Critical Environmental Concerns were located•wiithin 1 mile of the
landfill.
The entire property (Parcels A, B and C) is
acres. The western portion, designated as parc
and includes a home and two garages. The
designated as parcels B and C is approximatel
transfer station is located on Parcel C. Most
located on Parcels B and C except for the south
the landfill(estimated at ',~ acre),:- which i
presently owned by"^•the . Massachusetts Audubor.
-Parcel 10). This property was deeded to the Ma
Society from James L. A11en and Sara K. Allen o
The landfill was reportedly covered with 2-foo
after ceasing operations. There is some visibl
and white goods and metal items exposed or
adjacent to Rocky Brook. White goods and mei
truck frames are also visible at several locat:
the property.
_ ~ Wetland resource areas are .delineated in
reviewed with the Northampton Conservation G
~_J
'~ •A total of five test pits were excavated
( .limits- and. type of waste. Tn addition, . fif
I~ ~ were performed along .the eastern boundary of
l~
approximately 20
1 A is 1.42 acres
emaining property
:18.43 acres.. The
~f the landfill is
asterly portion of
s located on land
Society'" (Map' '~45 , '
sachusetts Audubon
August 29, 1978.
thickness of soil
evidence of glass
the steep slopes
al .items including
ons to the south of
Report and were
ssion.
to further define the
tee .(15) .test borings
Parcel A.
There had been no previous gas monitoring on t:
of the ISA;.two borings were drilled thru the
LLJJ of 30 feet. These borings were used to further
~._,_ ...,.and, for` •gas~: monitoring well_insta_llat~ ions_ Thy
r1 wells were monitored for soil has. Zn •,
~1 excavations were monitored for gas. There we
Methane or ~LEL during the ISA monitoring.
j One .round of sampling for ten (10) existing gr
~--~ wells was .performed and analyzed for the parr
CMR 19.132 (1) (h)~: There were no Mas
r Contaminants Levels (MMCLs) exceeded for
l
j samples. Secondary Maximum Contaminants L
,, ~ exceeded in some wells fox pH, chloride, sulf
~l solids, iron,' and- manganese. No applicable
exceeded for volatile organic compounds (VOCs
LJ samples.~A second round was performed for fc
and was' limited to Extractable Petroleum Hy
concentrations of EPH were detected above
limits.
~e property. As part
landfill to a depth
delineate the waste
two gas. monitoring
aaiti'on,~~`~ ~test~"• pit
-e no detections of
undwater monitoring
peter listed in 310
achusetts Maximum
the ground water
eels (SMCLs) were
te, total dissolved
MCLs or ORSGs were
in~the groundwater
r groundwater, wells
rocarbons (EPH). No
aboratory .reporting
~~ ~ ,
~ ' -- ..
_ . ISA Report _Page .-4 of 12
P. Allen-Northampton
In addition, surface water was sampled at five {5} locations. No
applicable MMCLs., SMCLs or ORSGs were exceeded for the surface
water samples. Dissolved oxygen level was depleted in two samples
below the Inland Freshwater Class B Surface Water Standards. In
•addition, the pH level was below this standard for one surface
~_ water sample.
There were no visible leachate breakout, and no areas of
significant erosion located during ,'the ISA study. •Stressed
~- vegetation was not identified and visible surface water impacts
were• also not -found. ~ •
Renort~Reaommendations
The ISA Report• recommends that future work be limited to
_ environmental monitoring. Proposed,,corrective actions .are 'limited
~•'~~` ~ ~~ to the following:-
j~ The ISA Report recommends that- MassDEP accept the landfill is
11-.-II closed consistent with the standards that were in place when the
' landfill ceased operations. .'
i
The 'ISA Report, also includes the following Post Closure
' Recommendations:•
1. Environmental monitoring every two years for the 'first six
~_J years and then once every five years at the following
locations:
(~ a. Ten groundwater monitoring wells,
~ b. Five surface water locations, and
n c: Two landfill gas-monitoring wells.
U 2. Visual inspection once every two years.
llll____JJJJ 3. Pavement over the Burn Fill Area be maintained.
r -~ r
REGULATORY AUTHORITY ,„ ~ _, ..._, ~.. _ ._ - • - - ~- -
Note that this document is a permit issued pursuant to MGL Chapter
111 Section 150A and the regulations promulgated thereunder at 310
CMR 16.00 and 310 CMR 19.000. This permit is subject to the
standard conditions presented~at 310 CMR 19.043(5).
CONDITIONS
A: Site Specific Conditions
1. MassDEP has determined that th'e'Landfill limits shall be
L. defined as the axea defined in .the Report as the Burn Area
. Fill plus a buf-fer area around the fill extending to the
~~ ~ property line or to a minimum of 100 feet from the limits of
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I ISA Report _ Page 5 of 12 _
~l P. Allen-Northampton '
~- waste,to the north, whichever is less. The buffer shall be
~ ~ •1.00 feet to the east and south of the limi~t~ of thewaste . .
2.' Not later than September 1, 2008, P. Allen should obtain .
-} ownership , of the land, obtain an easement, or obtain other
legal access mechanism with the Mass1achusetts Audubon '
Society for access, monitoring and maintenance of the
~J landfill portion that is located on land (presently owned' by
J Massachusetts Audubon Society. The agreement shall allow for
access to the landfill including a 100-foot buffer beyond •
the limit of the landfill to the least .and south.
' Alternatively, MassDEP may have to 'pursue maintenance of ,
~- these areas with Massachusetts Audubon Society as the owner. .
3. P. Allen shall provide a copy of this Pe lit to all existing •
~~ , and future;.tenant-s, of the :proper. ty : .~
4. Based on the results of the ISA Report, MassDEP does not
require preparation of a CSA. MassDEp does, however, :retain
its authority under 310 CMR 19.150.
l l 5. Not later than ~ Dec:ember 1, 2008; P'. ~ lien shall submit
lJ documentation, to MassDEP that Record Notice• of Landfill
Operations has been recorded in accordance with 310 CMR
19.141.. The Plan shall clearly delineate the limit of the
Burn Fill Area, a 100-foot buffer around the Burn Fill Area
~~ and the limits of the ABC F'iil Area.
~' 6. Not later than Se temb~er 1, 2008, P. Allen shall submit j~7~~
' documentation to MassDEP that the water supply well located ~~~
on Parcel A has been permanently abandoned.
7. Not later than ~7uly 1, 2009_, P. Allen sha~.l either remove the
e~cposed waste or cover the waste with clean soil. This
applies to exposed glass and debris located on the northerly
U ~ and easterly slopes of the Burn Fill Area. This does not
U include the large metal objects as ad
8: Not•later than July 1, 2009, large surface debris, primarily
U metal objects and tires shall be removed, subject to the
approval of the Conservation Comma.ssion.llf the Conservation •
~- Commission does not approve of the removal of certain items
~J or the clean up of particular areas because accessing them
J would result in too much wetland dist~.~.rbance, the written
non-approval/guidance of the Conservation Commission shall be
submitted to MassDEP as documentation t~2at the Conservation
`~ ~ fission denied the approval to remove these items.
( ~. The following conditions shall apply to the Financial
J Assurance Mechanism tFAM) required for the Landfill: '
_ (a•) Not later •July 1, 2008, P. Allei shall, prepare and
l submit cost estimates for the future monitoring and
~ •
• ,
--
I ~ . •
~~ ~ • ~~ ~~
~_
~ _Z SA Report _ _ Page 6 of 12
P. A11en-Northampton
~..
maintenance of the landfill. The FAM estimates .shall .
it initially be based on ten (10) years of monitoring and
maintenance.
(b} Every two years, P. Allen shall prepare and submit .a
~. - updated cost estimate for post-closure costs. and
financial assurance to MassDEP, in accordance with
19.051(6)(a), by 3une 1st of the year to which the
~l ~ revised estimate relates.
• (c) Prior to any transfer of ownership of the property or
any portion thereof-{Parcels A, B or C), a FAM shall be
. tin place adequate to cover. monitoring and maintenance
for ten { 10 ) years .
-:.: r. (d) MassDEP may., •at any__time, cause ,the Financial Assurance
for both "`closure and post-closure to be amended in any
manner based on~. changes in MassDEP regulations or
policies, future estimates~of closure or post-closure
_ costs or as needed to assure adequate protection of
public health, safety or the environment.
l_J
B. Environmental Monitoring'
r 1. In accordance with 310 CMR 19.132, the P, A11en shall
~~ commence bi -annual environmental monitoring. Groundwater and
surface water locations shall be sampled and analyzed once
every two years for all parameters included in 310 CMR
19.132{1)(h). SVOCs and pesticides analyses will not ~be
required at this time. The next round of~sampling shall be
. .collected not later than March 1, 2010 and March 1st. of every
second year thereafter. •
L.~ 2. At a minimum, each water-sampling round shall include .the
U following, locations:
;_~,.,_,(a)~,-Ten -{10) g_roundwate~r:.samples_collected at eac_h..of~,the _
on-site monitoring wells ~~Minl-1 ~to~~MW-8, ECS-1 and
' ECS-2); and
__ (b) Five (5) surface water samples at locations SW-1 to SW-
~~ 5.
2. Groundwater, surface water and gas monitoring systems shall
,- comply with requirements of 310 CMR 19.118.
J
3, Environmental monitoring shall comply with the requirements
of 310 CMR 19.132 as revised ori' October 7, 2005, unless
. otherwise specifically approved by this permit or in writing
by MassDEP.
r_~ ,
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~
~ ~
.~ ~
~ J
' TSA Report ~ page.7 of 12
~, P. Allen-Northampton - "
4 Surface water samples shall not be collec ed within 48 hours
n
`I . of a significant precipitation event. ~ '
5. Groundwater, and surface water samples shall not be taken
~~ ~ ,under rising water conditions. I ~ ~ .
t 6 Groundwater, and surface water samples shall be tested for
. all the parameters listed in 310 CMR 19.1~2(1)(h) as revised
on October 7, 2005. '
7: The sampling for the groundwater and sus ace•water shall be
` for dissolved metals.
ll 8 3f exceedances of state or federal drinki~g water standards,
. Maximum .Contaminant Levels (MCLs), Ambient Water Quality
C~ .
~ Standards ..,fors surface •watex. samples established at 314 ,CMR..
ermit
thi
i
s p
n
4.00, or .alternative standards established
MassDEP shall be notified within 14 days• in
occur
,
accordance with 310 CMR 19. 132 (1)(j}(1)l.
9 The detection limits far all required (parameters shall be
n . .
below the applicable Massachusetts Drinking Water Standards &
l J Guidelines or Massachusetts Surface Traaterf Quality Standard.
10. Trip blanks shall be collected for VOC anelyses. •
`~" 11. All VOC analyses shall be performed as outlined in 310 CMR
19.132(h}(3 & 4}, including all of the c~mpounds included in
n ~ EPA Method 8250, and methyl ethyl,keto~ne, methyl isobutyl
LU ~ ketone, acetone, 1,4-dioxane, any additional parameters
required 'by MassDEP. Tn .addition, •uriknown peaks having
.... ; ... intensities. greater than five times the background intensity.. ..
shall be identified.
12 Water quality results, shall be summarized in tabular format.
. The table shall include detection limits and the applicable
LJ drinking water, surface water, or MassDEP's Waste Site
,_ _ ...~,,..,: ~ .: C 1 eanup .standards _~: _,;,~~.. ,,,r-~,~ . _... ,,..~.~.-..-~.= -~-_---~-~---~
13. Gas monitoring shall be performed annual y in accordance with
310' CMR 19.132. Monitoring each year shall be performed with
-. frozen ground. The next round of gasl monitoring sYiall be
~
~J completed prior to not later than• March 1 2009 and March 1
of each subsequent year.
= 14. Gas-monitoring shall be performed at t_hfe two gas monitoring
J wells GMW-1 and GMW-2..
15 •
Results of each monitoring round shall be submitted to
~~ . MassDEP within 60 days of=the date,~of sampling. Reports
shall include a summary of historical data and evaluation of
trends.
~~
16: '
Based on the results of the future rounds of sampling,
~~
. .ISA Report -Page 8 o;t 12
ll P. A1].en-Northampton
l) • , , • MassDEP reserves the right to ~ .~ require additional
ll investigations, including.the additional sampling of surface
ll waters and sediments, the installation of additional
' monitoring wells, installation bf additional gas monitoring
n wells and/or the completion of additional sampling if deemed
i l necessary.
l C. Future Use Requirements
.
__ 1. MassDEP acknowledges that there are existing uses of the
~ property and this Permit allows for the, continued use of the
i~_J property provided the activities do not compromise the
• landfill closure or create a negative public health, safety
11
~ or environmental impact''.
.J~ ... -,
2. ,. _ ~ _ ~. _ ~ _ _ ... .r
+Any future -construction on or changes in use of the property
containing the landfill identified ~as, Burn Fill' Area and the
j~ ~ 100-foot wide buffer around Burn Fill Area, including the
~~)) existing transfer station, presently leased by Waste
~
.
Management, will require written. approval from MassDEP
Depending on the type of proposed use and construction, this
approval process may be applied for by a Permit Application
for either a Landfill Major Modification or for .a~ Post
Closure Use.
n
L-~ 3. Parcel A is considered a separate lot and it use is not'.
restricted at this time.
4. The future use of the area designated as ABC Fill Area is
not restricted except for that poxtion that is located
. Any Asphalt, Brick,.. ..
the. Burn Fill Area .
within 100 . feet of
~ ~ .
.
Concrete or 'waste materials encountered ~ in -future
lJ
lJ construction in this area shall be removed and either
processed for reuse or properly recycled ox disposed off at
f~ a permitted facility.
U ilities; shall- be installed within 100 . feet
5 .,,~ No underground u
t
_
_
~of~the•Burn Fill Area without written aPprbval of NlassDEP.
rI
u
6. MassDEP may require additional gas monitoring for the future
of portions of the property located within 100 feet of
use
~J ,
the Burn Fill Area and for any area were gas is encouritexed.
7. P. Allen shall perform the following activities as described
;- in 310 CMR 19.142, Landfill Post-Closure Requirements, of the
~~ Solid Waste Management Facility Regulations:
. (a) Annual inspections for settlement and erosion; .
~J .: ...
(b) Take corrective actions to remediate and/or mitigate
. conditions that would compromise the integrity of the
- final cover;
J .
e
\~ ~ ~ ~~
.t
ISA Report' Page 9 of--12
P. A11en-Northampton
(c.) Maintain the integrity of the final ever system;
(d) Monitor and maintain the envirol ental monitoring
• systems for surface water, groundwater, ,and air
quality; and
(e) Protect and maintain surveyed benchmarks.
8. The maintenance program shall include:
•(a} Cutting vegetation over the areas of the landfill that
are presently grass; at a minimum fr~quency of once per
year to pxevent the establishment of deep-rooted
- vegetation, except as allowed for bellow;
(b) Existing. trees shall abe ,monitored and diseased or...
clamagecl trees shall be rernoved.~ Stumps may remain if
they have not moved or damaged the landfill cover;
~J (c) Stumps that have overturned shall be removed and the
.resulting void shall be filled with ~a minimum of 2 foot
thickness of 1'ow, permeability soil including •6 inch
thickness of soil, suitable to suppor t vegetation;
{d} A11 damaged or repaired surface ar~ a shall be. planted
(~ with suitable vegetative ground cove r;
L ~ (e) Exposed waste shall be either remove Jd or covered with a
n minimum of 2 foot thickness of lo w permeability soil
~ including 6 inch thickness of soil,. suitable to support
vegetation; .
j~ ~ ~ (f) Side slopes shall be monitored .for .erosion- and
U stabilized and planted as necessary; .
(~ (g) Pavement shall be maintained to mim imze the potential
U .
for water•to leachate into the 'landf ill;
, (h) 'to t`he'landfill cap as requi
Repairs r`e'd; and
r
L~ .
l
{i) Drainage areas shall be monitore d for build .up or
restrictions and periodic cleaning shall be performed,
f-~ as necessary.
U 9. All maintenance/repairr of the cover s. stem components or
~ associated landfill appurtenances conduc
or other circ
erosion
storm damage ted as a result of
umstances shall be
,
,
summarized and reported to MassDEP within thirty (30} days of
-the date of the repair/maintenance.
J
re
ost-closure
it
b
All
ll
h
as required by
ort
10. P. ,
m
a p
su
en s
a ,
p
• 310 CMR 19.142 (6) Reporting Requireme nts, not later than
February 15~h of each year. '
n
\\ '/ ~~
ISA Report .
P. A11en-Northampton
Page 10 of 12
11. The performance of ,any activa.ty that compromises the final
cover system 'or failure to adequately maintain the final
• cover system shall not be allowed:
12. Under no circumstances shall excavations or penetrations be
'1 made into the landfill, surface without prior written-MassDEP
~ ) approval. ~ •
13. P. A11en shall comply with the ,reporting requirements
~. pursuant to 310 CMR 1.9.051(6).
' ~. ~
D. General Permit Conditions
~4 _ ,,,r =1. The~~Department~,reserves,:.thetright,~to. require~,additional work
I.4~ ^~ in -order to address the environmental/public health
`J implications. of the landfill, as necessary.
2. ,MassDEP and its agents•and employees shall have the right to
entex upon the site at all. reasonable times and without
notice, to inspect the landfill and any equipment, structure
U• or land located thereon,•take samples, recover materials or
lJ discharges, have access to and photocopy records, to perform
tests and to otherwise monitor compliance with this Permit
and all environmental laws and regulations. This right of~
entry and inspection shall be in addition to MassDEP's
access authorities and rights under applicable federal and
~- states laws and regulations, as, well as any permits or other
U agreements between the Permittee and MassDEP.
.. .. .. 3. Compliance with any submissions required by this permit will
n be determined by the date of receipt by•MassDEP or the post-
IJ marked date, whichever is earlier.
4. Unless otherwise directed herein, all .submissions requ~a.red•
pursuant to this permit shall be sent to:
• ~ Section'Chief,~Solid Waste~Mariagement~
J Department of Environmental Protection
436 Dwight Street
,Springfield, MA 01103
~~ •
Pursuant to 310 CMR 19.037(5}, any person aggrieved by the .
issuance of this permit, except as provided for under 310 CMR
~ 19.037{4){b), may 'file an appeal for judicial review of .said
J decision in accordance with the provisions of M.G:L. c. 111, s.
150A and C. 30A not later. than thirty j30] days following notice
of~this decision.
Any aggrieved person intending to appeal the decision to the
. superior court shall provide notice to MassDEP of said intention
• to commence such .action. Said Notice of Intention shall include
1 ISA Report
P. A11en-Northampton
Page 11 of 12
MassDEP File Number (08-214-015) and shall identify, with
particularity the issues and reason(s) why i~t is believed the
approval decision~taas not proper. Such notice shall be provided to
the Office of•General•Counsel• of MassDEP and the Regiarial Director
for the regional office, which made the decision. The appropriate
addresses to which to send such notices are: '. ',
General Counsel
Department of Environmental Protection
One Winter Street-Third floor
• Boston, MA 0210$
Michael J. Gorski
'~ Regional Director
' Department•of Environmental Protection
- ..;,;,,> .: -.,~.; :. ,'~43 6.,Dw.i,ght..Street. - I ._ .~. ~. ,,_ ,~ ..... -~. -
'' ~ ~ • Springfield, ~MA 01103
No allegation shall be made in any judicilal appeal. of this
decision unless the matter complained of was raised at 'the
appropriate point in the administrative. review procedures
established in those regulations, provided hat matter may be
raised upon a showing that it is material. and that it was not
reasonably possible with due diligence to have been raised during
such procedures or 'that matter sought to be raised is of critical
' importance to the public health or environmental.•irnpact of the
permitted activity.
This approval pertains only to the solid waste management aspects
of the proposal and does not negate the responsibilities of the
owners or operators to comply with any other local, state or
• federal laws and regulati,ons.now.or in the future.
MassDEP has determined that the filing of an Environmental
•Not~ification Form .("ENF") with the Secretary of Environmental
'~ Affairs, for solid waste management purposes, was not required
• prior to this action by MassDEP. Notwithstanding this
determination, the Massachusetts Environmental Policy, Act-,and
Regulation' 301 CMRr`1~1.0'0'," Sectori''11~•. 04 provide certain Fail-
Safe.Provisions" which .allow the Secretary to require the filing
of an~ENF and/or Environmental Impact Reportlat a later time.
If you should have any questions •or comments please feel free to
contact Charles Clines of this office at (413) 755-2120.
Sincerely,
(-
~•~'~V /
D>aniel Hall
Section Chief
• So1id.Waste Management
~,
. \ '
ISA.Report Page 12 of .12 ~_'
j~
lJ P. A11en-Noxthampton
DH/CAC/cac
21415isa.0408
Certified Mail, Return Receipt 7007 0710 0403 2180 9483 ,
cc: Board of Health, City of Northampton
Conservation Commission, City of Northampton
Massachusetts Audubon Society, 208 South Great Road,
Lincoln, MA 01773
~-~ John Niedzielski, ~EC5, 588 Silver Street, Agawam, MA 01001
J
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__
ATTACHMENT V
NHESP' S DOCUMENTATION
r
~~
ff - _
I~
I I WHERE BUSINESS AND THE ENVIRONMENT CONVERGE
~_I
LETTER OF TRANSMITTAL
-~ 8237
TO: MA Division of Fisheries and Wildlife
1 Rabbit Road
Westborough
__, MA, 01581
Attn: Environmental Reviewer
Delivery Type: Certified Mail
588 Silver Street
Agawam, MA 01001
tel 413.789.3530
fax 413.789.2776
www.ecsconsult.com
Date:8/18/08 Project:01-207345.01
RE: P. Allen and Sons, Inc.
Easthampton Road
Northampton
MA, 01060
DOCUMENT DETAILS
111 Remarks: Wetlands NOI Submittal regarding the Former P. Allen Landfill Side Slope
Improvement Activities.
I~
U
U
Copies Document Date Document Number Description ~
L_J /
lJ
-~ Enclosed please find the above referenced documents. If you should have any
questions or need additional information, please do not hesitate to contact our office.
J Copy To:
Signed:
LJ
~1
~_J
l
> CONNECTICUT > FLORIDA > MASSACHUSETTS > NEW HAMPSHIRE > NORTH CAROLINA > OHIO. > VERMONT >
rAU6-23-2007
~J
Mass Wildlife
15083897891
~~
C UmmUnM•f nl~p~nf Hlns~nchu,ratla
To: 4137892776
_. '
P.2~3
Division of
Fisheries ~ Wildlife
Wayne F. MacCallum, l>Ireclur
i
l~
14:19 From:NHESP
August 23, 2007
Norlhanip ton Conservation Commission
City Hall
2'10 Main Street .
Northampton, MA U'106U
RF,• AppLicant•
Prolcct T._ocalion
Prulect Description
DCP Wetllnds Pile No.
NHESP Tracking No.
To WlZOni It May Concern:
Edward Allen, l' Allen & Suns, LLC
234 P.asthampton Road
I;nviro>unent<il Investigation Test Pits
246-0610
07-72953
The applicant listed, above leas subntted a Notice of Inteait with site pla.-u (dated 7/24/2007) to
the Natural Heritage & Endangered species T'rogr'am (NHESP) of the Massadiusctts Division of
Fisheries & Wildlife, in compliance with the rare wildlife species section of the Massachusetts
WetL•-nds Protection Act llegulations (31(1 CMIt !0.58(4)(6) & 10.59).
The submitted filing uidicates that the project will impact approximately 500-700 feet of BVW,
and the submitted site plans illdicdte that the illustrated wetland boundaries are estimated. The
site plans do z~ot indicate that the proposed test pits are located wrthin any wetlands. ~Trr August
23, 2007, the NtiFSP was contacted by Environmental Compliance Services and informed that the
wetlands impacts stated in the filing are incorrect and that thrs protect wrll not alter the wetlands.
The following determination is based on the statement that the project is only located within
the buffer zone to the wetlands.
~J MA WLT[.aNDS nk~•rH.c-r~oN Acr (WPAI
Based on a review of the information that was provided and the information that ~s currently
contained in our database, the NHESP has dctcrmiaied that this project, aq currently proposed,
r- will not adversely affect the actual Kesource Area Habitat of state-protected rare wildlife species.
J Therefore, it is our opinion tlult this project meets the state-listed species performance standard
for the issuance of an Order of Conditions
u Please note that this dctermutation addres9es only the matter of rare wildlife habitat and does not
LJ pertain to other wildlife habitat issues that may be pertinent to the proposed project.
f-1 MA Enr~^NCERED SPECtrti ACi (MESA)
U Based on a review of the inforn~ation that was provided, the NHESP has deterTnrned that this
project, as currently proposed, is exempt from MESA revreW pursuant to the 321 CMR 10.14
which states "(t)he following Projects and Activities shall be exempt from the requirements of
321 CMR 101$ through 10.23..."
~.
_ www. -nasswild tile.. ors
Division of Fisheries and Wildlife
Field Headclu:uters, North Drive, Westborough, MA 01581 (508) 389-6300 Fax (508) 389-7891
~n Agrnc v uj rfre ncpnnmtnl of Fish and ('rplnl:
(A1UG-23-2007 14:19 From:NHESP ~
I 1 r ~-"/)
15083897891
To:4137892776
1~
[lUJ "performance of customary land surveymb act,vities, wetland resource area
dclineatiuns, envi.rotviicnt~[ assessments Auld invcyt,bahons performed in accordance with M. G
L c. 21E, and other customary preli.tniiuvry site investigations"
Plcasc be aware cif the possible presence of Mate-listed turtles. Turtles are very long-lived and the
logs of even a ;tcngle adult tc-rtle can.negahvely impact the survival of the local population, The
Nl 1E51'requeats drat any turtles found within the linuts of work be moved from-the work area
and placed un appropriate habitat outside the Work zone. We aiso,rcqucst that the test pits are
checked and backfil.led da+ly to avoid entrapping any turtles or the test p,ts should be encircled
with cntz'ci,chcd silt Fe;nc~ng until the site c~u~ be backfillcd (approx. 6 inches buried in the
b+rouncl) if hay bales are tb be utilized we ask that the hay bales are located on the test pit side of
the fencu,g to avoid any turtles breaching the fence State-listed turtles should riot be removed
from the site, and can not be captured and kept as they are protected in accordance with the
Massachusetts Fndangc;rcd Species Act (MESA, MGL c131A) and its implementing regulations (:121
CMR lO.UU).
'This evaluation u based on the most recent information available in the Natural Heritage
database, which is coiutvitiy being expanded and updated thxough ongoing research and
inventory This evaluation may be reconsidered should your site plans change nr new rare
species Information become available, If you have any questions regarding th+9 review please
contact Rebecca Skowron, Endanberecf Species Review Assistant, at (508) 389-6343.
Sincerely,
T'hom:ts W French, Ph.D.
Assistant Director
cc. Edward Allen., P. Allen & Sons, LLC
john N~edziclski, Environmental CompLance Serv+ces, inc.
DIrP Western Region, Wetlaltds Section
P. 3'3
AUG-23-2007 14:14 From:NHESP 15083897891
(~- ~ ~ ~
Y * .~ ~atura~ heritage
~~ ~ & Endangered Species
~ ~'ragran~
~~ Muuachusetts Division o/ Fisheries ~ Wildl-fc
Facsimile transmittal
To:4137892776
North Drive, itoute 135
Westborough, MA 01581
pho®e: (508) 3g9-6360
fax: (508) i 89-7891
P.1~3
To: Northampton Conservation Comnuss~on Fax' (413) 587-1264
From: Emily Holt Dato• 7/23/2007
Re: 23a LASthnnc~ton Rd Pages: (including the cover ]enter)
cc: Todd, ECS 413-7R9-2776
^ Urgent ^ For Review ^ Plaaso Comrri.~rrt ^ Pleaso Reply ^ Please Recy~3e
Help Save Endangered Wildlifel
Contribute to the Natural Heritage & Endangered Species Fund
Visit our website www.nhesp.org