I-91 Determination of Applicability Herbicide Delineation 2008Important:
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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
A. General Information
From:
Northampton
Conservation Commission
To: Applicant
Albert Stegemann - District Highway Director
Name
MHD -D2 811 North King Street
Mailing Address
Northampton MA 01060
City /Town State Zip Code City/Town State Zip Code
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Interstate 91 Herbicide and Spraying Delineation Maps Exhibit #1 -4 March 5, 2008
Title Date
Title Date
Title
Date Request Filed:
March 5, 2008
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):
Wetland delineation
Property Owner (if different from applicant):
Name
Mailing Address
Project Location:
Along Route 91 Northampton
Street Address City/Town
Assessors Map /Plat Number Parcel /Lot Number
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:
❑ 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).
❑ 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. 10/6/04 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 Municip
Pursuant to a municipal wetlands ordinance or bylaw.
Name
C. Authorization
tovit
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on
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. qov /dep /about/region.findvour.htm) and the
property owner (if different from the applicant).
wpaform2.doc • Determination of Applicability • rev. 10/6/04
Ordinance or Bylaw Citation
NI by certified mail, return receipt requested on
1114E 1 zoc'g
Date
IMily 22 ( ' g
Date
Page4of5
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. qov /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
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Person or party making request (if appropriate, name the citizen group's representative): .
Name
Mailing Address
City/Town
Phone Number Fax Number (if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):.
Name
Mailing Address
City/Town
B. Instructions
Department of Environmental Protection
Box 4062
Boston, MA 02211
State Zip Code
State Zip Code
Phone Number Fax Number (if applicable)
. DEP File Number:
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www.mass.pov/dep/about/repion/findyour.htm).
4. 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.
wpaform2.doc • Request for Departmental Action Fee Transmittal. Form • rev. 10/6/04 ' Page 2 of 2
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF TRANSPORTATION
MASSACHUSETTS HIGHWAY DEPARTMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bruce Young
Northampton Conservation Commission
City Hall- 210 Main Street
Northampton, M • 0
Dear Mr. Young.
JLG/
C - TPM (w /encl)
n ∎& KW
1 ` — Thomas Ferris (w /encl)
DEP -WERO (w /encl)
Enclosures
CEIIV
MAR 1 0 2008 11,4)
DEPT OF PLANNING
NORTHAMPTON, MA 01060
March 5, 2008
Re: Northampton: 1-91
Request for Determination
of Applicability
Application of Herbicides
We are pleased to submit to you a Request for Determination of Applicability for herbicide
application along I -91 in the City of Northampton.
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 questions regarding this request,
please contact Timothy Meyer, District Environmental Engineer, at (413) 582 -0543.
Sincerely,
age,e/
Albert R. Stegem nn, P.E.
District Highway Director
811 NORTH KING STREET, NORTHAMPTON, MA 01060
TELEPHONE: (413) 582 -0599 • TELEFAX: (413) 582 -0596 • WVWV.MHD.STATE.MA.US
Iher
BERNARD COIIEN
SECRETARY
LUISA PAIEWONSKY
COMMISSIONER
Project File # 603903
HERBICIDE APPLICATION
NORTHAMPTON - INTERSTATE 91
INDEX SHEET
# of Sheets
1. WPA Form 1 (Request for Determination of Applicability) 4
2. Exhibit 1 - U.S.G.S. Locus Map 1
3. Exhibit 2 — Environmental Features Maps 1
4. Exhibit 3 — Spray Sketches 5
5. Exhibit 4 — Wetland Location Plan 3
6. Exhibit 5 — Target Vegetation & Herbicide Application Methods 1
Important:
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cursor - do not
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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- District Highway Director
Name
MHD -D2 811 North King Street
Mailing Address
Northampton
City/Town
(413) 582 -0599
Phone Number
2. Representative (if any):
Massachusetts Highway Department
Firm
Timothy Meyer- District Environmental Engineer
Contact Name
811 North King Street
Mailing Address
Northampton
City/Town
(413) 582 -0543
Phone Number
B. Determinations
1. I request the Northampton
Name of Municipality
Conservation Commission
N/A
E -Mail Address
MA
State
(413) 582 -0596
Fax Number (if applicable)
MA
State
(413) 582 -0596
01060
Zip Code
Timothy.Meyer @mhd.state.ma.us
E -Mail Address
01060
Zip Code
make the following determination(s). Check any that apply:
❑ 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:
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaforml.doc Page 1 of 4
LI
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):
Interstate 91 Northampton
Street Address City/Town
Assessors Map /Plat Number Parcel /Lot Number
b. Area Description (use additional paper, if necessary):
I -91 Northbound and Southbound roadsides (including entrance and exit ramps) beginning at the
Easthampton /Northampton City Line and proceeding northerly to the Northampton /Hatfield City Line.
All work will be performed within the State Highway Layout.
Please refer to the U.S.G.S. Locus Map (Exhibit 1)
Please refer to the Spray Sketches for the proposed spray locations (Exhibit 3)
c. Plan and /or Map Reference(s):
Exhibit 1 - U.S.G.S. Locus Map 1 -11 -2008
Title Date
Exhibit 2 - Environmental Features Map 2 -28 -2008
Title Date
Exhibit 3 - Spray Sketches: Exhibit 4 - Wetland Location Plans undated
Title Date
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
The proposed work involves the application of herbicides to control "target vegetation" along state
roads and highways in accordance with the Rights of Way Management regulations (333 CMR
11.00) and the Massachusetts Highway Department's Vegetation Management Plan (VMP) and
Yearly Operational Plan (YOP). Please refer to Exhibit 5 for description of Target Vegetation and
Herbicide Application Methods.
Applicators will hold a valid pesticide certification /license from the Department of Agricultural
Resources (DAR) and will adhere to the operational guidelines as set forth in the VMP and the YOP.
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) 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, lnadscaping,
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 except as provided in 310
CMR 10.58 (6)(b).
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
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
State
Signatures:
01060
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.
Signature of Applicant
0
Date
6
Signatur of Reppesentatii�e (� if Date
wpaforml.doc' Page 4 of 4
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MASSACSETTS
EXECUTIVE OFFICE 1 -11 -2008
OF TRANSPORTATION
Commonwealth of Massachusetts
Northampton: 2008 Herbicide- Spraying °
U.S.G.S. Locus Map
E IT 1
1 inch equals 0.7 Miles
VA l ir
igV MASS HIGHINAY
MASSACHUSETTS
2-28-2008
EXECUTIVE OFFICE
OF TRANSPORTATION
Commonwealth of Massachusetts
Northampton: 2008 Herbicide Spraying
Environmental Features Map
E)4-1-ibir
Legend
Community A Community Ground Water "
A Community Surface Water
• Surface Distribution Site
• Non-Transient Non-Community
A Transient Non-Community
A. Proposed Well
OZONE Ils
7 Public Water Supply Contributor
a Other ORW
• NHESP 2006 Massachusetts Certified Vemal Pools
NHESP 2006 Estimated Habitats of Rare Wildlife
NHESP 2006 Priority Habitats of Rare Species
Marsh/Bog
Wooded marsh
5 .q Cranberry Bog
?! Salt Marsh
Open Water
LITJ Reservoir (with PWSID)
so Tidal Flats
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U
Interstate 91
In The City of Northampton
KEY
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LIMITED USE ZONE
L NO SPRAY ZONE
/I I I I I IN GUARD RAIL
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DISTRICT 2
Sheet 1 of 7
NORTHAMPTON. : I -91
Cont'd from 'Easthampton I -91"
VERTICAL SCALE: I" = 0 - 1_.Mil . e
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Target Vegetation
Exhibit 5
Target vegetation along roadways falls into one or more of the following categories: Hazard
Vegetation, Detrimental Vegetation, Nuisance Vegetation, and Invasive Vegetation. From a
roadside vegetation management standpoint, target vegetation will be one or more of the
following types: grasses, low growth (i.e., shrubs and vines), and tall growth (i.e., trees).
Hazard Vegetation. This category represents the primary target material, including vegetation
obscuring sightlines, growing over guardrails, creating obstacles to signs or vehicular movement,
posing windfall hazard over vehicular or pedestrian, or creating winter shade leading to icing
conditions.
Detrimental Vegetation. This category comprises grasses and woody plants that are destructive
to or compromise the function of highway structures, including grasses in pavement and bridge
joints, medians barriers and traffic islands.
Nuisance Vegetation. This category includes any vegetation growing along state roadways that
could potentially cause problems to the general public and/or MassHighway employees or
contractors maintaining the ROW. The overwhelming majority of plant material to be controlled
in this instance is Poison Ivy (Radicans). Poison Ivy and other nuisance vegetation growing
within 30 feet of the edge of pavement, bridge abutments, a drainage structure or swale, other
structures and appurtenances requiring maintenance, within MassHighway ROW, is considered
target vegetation.
Invasive Vegetation. Some areas of MassHighway ROW have become heavily infested with
invasive plant species. Specific target invasive plants include but are not limited to Tree of
Heaven (Ailanthus altissima), Japanese Knotweed (Polygonum cuspidatum), Multiflora Rose
(Rosa multiflora), Oriental Bittersweet (Celastrus spp.), and Autumn Olive (E. umbellata) and
Russian Olive (E. angustifolia).
Herbicide Application Methods
There are two proposed methods of herbicide application: Foliar Treatment and Cut Stump
Surface Treatment.
Foliar Treatment is the application of herbicides to fully developed leaves, stems, or blades of a
plant. The herbicide is mixed or diluted with water and applied as a uniform spray over the
entire foliage of the plant. MassHighway will utilize post- emergent, low volume, low pressure
foliar treatment herbicide applications only. All herbicides used by MassHighway have been
researched, tested and approved by the Department of Food & Agriculture (DFA) for use in
"Sensitive Areas." Target vegetation will include grasses and low growth.
Cut Stump Surface Treatment is the application of an herbicide to the cut surface of a stump
immediately following or during a cutting operation. Application equipment includes hand held
squirt bottles, paint brushes or sponge applicators. Target vegetation will include tall growth.
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