Loading...
07-035 Determination of ApplicabilityLl 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ietam A. General Information From: Northampton Conservation Commission To: Applicant Broad Brook Coalition, Northampton Office of Planning and Development 210 Main Street, Room 11 Mailing Address Northampton MA 01060 Property Owner (if different from applicant): Northampton Conservation Commission Name Mailing Address City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Cooke's Pasture Invasive Species Removal May, 2010 Title Date Title Date Date 2. Date Request Filed: Mav 19. 2010 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): The project consists of targeted herbicide application to Spotted Knapweed, an invasive species, in the Cooke's Pasture main field, and the Fitzgerald Lake dam. Experienced certified Mass. applicators will walk an organized grid pattern over the site, directing a selective herbicide to the rosette stage from back pack sprayers. The herbicide to be mixed in water and applied as a foliar spray is Milestone VM, (aminopyralid) EPA Reg. #62719 -537. Work is proposed to be done in late May /early June 2010. Work is proposed within the 100 foot buffer zone to bordering vegetative wetlands, and within the 200 foot riverfront area to Broad Brook. A certified vernal pool is located on the southwest corner of the project area. The work proposed will not create any permanent alterations to the pool, and will not impact functions of the vernal pool habitat. The pool will likely be dry during the application. If there should be standing water present, the applicator will not treat any vegetation growing within the inundated area and will exercise great caution treating any target plants adjacent to the vernal pool. Invasive species removal is o ne of the top priorities of the Management Plan for Fitzgerald Lake Conservation Area. wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5 Ll 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 Project Location: North Farms Road Street Address 07 Assessors Map /Plat Number Northampton City /Town 35 Parcel /Lot Number 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 wpaform2.doc • Determination of Applicability • rev. 10 /6/04 Page 2 of 5 Ll 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 Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation ❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post- marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑X 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, subject to the following conditions. 1. Prior to the initiation of any work, the applicant /owner shall submit a letter of understanding to the Commission stating that he /she has received, read, understands and shall comply with these conditions. The applicant, and, his or her contractor, foreman and /or construction manager shall sign the letter of understanding. 2. All required permits must be obtained from applicable federal, state and local agencies and departments prior to the start of any project. 3. A copy of these conditions and associated plans shall remain on site during all construction and /or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 3 of 5 Massachusetts Department of Environmental Protection LI Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 to all contractors whenever work is occurring on site. 4. All revised plans shall be approved by the Conservation Commission and incorporated into the permit by reference and shall be followed during the course of construction. 5. Upon completion of the work covered by this Order, the applicant shall notify the Conservation Commission. 6. Work within Cooke's Pasture shall not include the vernal pool. 7. Work within the dam area shall be limited to the dam /dike surface. 8. Evidence shall be submitted to the Commission that the selected herbicide will not be harmful to vernal pool species. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • Determination of Applicability • rev. 1016/04 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 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: [j by hand delivery on ❑ by certified mail, return receipt requested on 7 ry Da 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). May a7, 0?0(0 Date wpaform2.doc • Determination of Applicability • rev. 10 /6/04 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands LI WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I 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.find\/our.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 Permit Application Todav's Date- 05/19/2010 Owner Applicant City of Northampton City of Northampton and Broad Brook Coalition 210 Main Street 210 Main Street Northampton, Massachusetts 01060 Northampton, Massachusetts 01060 413 -587 -1263 slavalley @northamptonma.gov City of Northampton department: Yes Work Location Information How many lots involved in the project: 1 Map / Block Lots of all lots in project: 07 -035 Deed Book of all lots in project: Deed Book: 3061 Deed Page: 067 Project work address: 0 North Farms Road City / State / Zip: Florence 01062 Zoning District: RR, WSP Application for following Permit Types ❑ Planning Bd. Special Permit w/ Site Plan ❑ Planning Bd. Special Permit w/ MAJOR Site Plan NO Special Permit ❑ Planning Bd. Major Site Plan Approval (No Special Permit), including 40R projects ❑ Subdivision Preliminary ❑ Planning Bd. Special Permit w/ Site Plan for flag lots ❑ Planning Bd. Site Plan (NO Special Permit) ❑ Approval Not Required Plans ❑ Subdivision Definitive with Preliminary Approved ❑ Subdivision Definitive with no Preliminary Approved ❑ Zoning Board Special Permit ❑ Appeal of Building Commissioner - Zoning ❑ Variance ❑ Historic District (Elm St) Determination of Appropriateness ❑ Wetlands Notice of Intent IF state wetlands Wetlands Request for Determination OR Resource Delineation ❑ Wetlands Certificate of Compliance reauest ❑ Subdivision Definitive Amendment ❑ Zoning Board Finding ❑ Comprehensive Permit (40B) ❑ Demolition (Demolition Delav) ❑ Central Business Architecture ❑ Wetlands Notice of Intent IF ONLY local wetlands ❑ Wetlands Amendment or extension 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Fee Information Wetlands Request for Determination OR Resource Delineation $125 (WPA form 1 or 4a) - $125 Total Fee Amount: $0.00 Existing Use Fitzgerald Lake Conservation Area Planned Use The project consists of targeted herbicide application to Spotted Knapweed, an invasive species, in the Cooke's Pasture main field. Experienced certified Mass. applicators will walk an organized grid pattern over the site, directing a selective herbicide to the rosette stage from back pack sprayers. The herbicide to be mixed in water and applied as a foliar spray is Milestone VM, (aminopyralid) EPA Reg. #62719 -537. Work is proposed to be done in late May /early June 2010. Work is proposed within the 100 foot buffer zone to bordering vegetative wetlands, and within the 200 foot riverfront area to Broad Brook. A certified vernal pool is located on the southwest corner of the project area. The work proposed will not create any permanent alterations to the pool, and will not impact functions of the vernal pool habitat. The pool will likely be dry during the application. If there should be standing water present, the applicator will not treat any vegetation growing within the inundated area and will exercise great caution treating any target plants adjacent to the vernal pool. Invasive species removal is one of the top priorities of the Management Plan for Fitzgerald Lake Conservation Area, and this project is part of the Broad Brook Coalitions continuing efforts to reduce invasive species occurrence at Fitzgerald Lake. Detailed Project Information Wetlands Description: Waiver requests: numbered wetland flags: confirmation of wetland boundaries is not requested Contours: no changes proposed Significant trees: none proposed to be removed Files Uploaded: Supporting Information: VCS Letter.pdf Plan Sheets: plansheets.TIF Wetlands Information: wetlands.doc By typing my name in the signature box, I certify that all the information above is accurate to the best of my knowledge, I am the property owner or have permission from the property owner to apply for this permit. I also grant permission to the City of Northampton to inspect the proposed work Signature: Sarah LaValley, on behalf of OPD Date Signed: 05/19/2010 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Cooke's Pasture Invasive Species Removal May 2010 75 150 300 Feat