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I-91 Resurfacing Determination of ApplicabilityDear Mayor Higgins TMF/ CC RJM 43"it 0:02 =. 1 7F . ViiS ". :f4iAT.a' Ya -f r M .ri. }YY¢{` IT%`, riPTe W , k4 ;7� ..1.Pei ra : .'.r __ nataj .^`'%A'1 }J: Honorable Mary Claire Higgins, Mayor City of Northampton 212 Main Street Northampton, MA 01060. Mitt Romney - Kerry Healey John Cogliano Governor Lt, Governor -"Secretary . July 11, 2005 Email Copy: Timothy Brennan, Exec. Dir., PVPC Dana Roscoe, Transp. Mgr, PVPC George Andrikidis, P.E., Director of Public Works Wayne Feiden, AICP, Director of Planning and Development Guy Bresnahan, OTP %; /,, /t ' ' (S / ! /,-. MassHighway will design, advertise, and administer the construction contract. If you should have any questions concerning this project, please contact David Blei, District Planning Engineer at this office (413 -582- 0561). Sincerely, Albert R. Stegemann, P.E. District Highway Director Thomas Jr Waruzila - Acting Commissioner � � ��, , // � r , \ 1 /1n Subject: Bridge Deck Repairs Br. #'s H -21 -041, N -19 -061, N -19 -062 and N-39.064 / Interstate 91, Project #604281 --.' I am pleased to inform you that MassHighway's Project Review Committee (PRC) has determined that the subject project is eligible for Federal Aid Bridge funding. Although these repairs are scheduled for Interstate 91, a state highway, I wanted to inform the city of the upcoming project which is currently scheduled for construction in the coming year. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Doc: 992104738 OR /6145/0113 L,.,/2001 14;44 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 Conservation Commission To: Applicant John W. Hoey, Jr. - Mass Highway Dept. 1. Name District #2 Office - 811 North King Street Mailing Address Northampton City/Town Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Northampton: I -91 Resurfacing & Related Work, USGS Locus Map January 12, 2001 Title /Date, Title Title 2. Date Request Filed: January 12, 2001 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): Cold planing of 50mm (2 inches) of the existing pavement surface and then resurfacing with 50mm of Bituminous concrete Project Location: Route 1 -91 Street Address Assessors Map /Plat Number MA State Northampton city/Town Parcel /Lot Number Property Owner (if different from applicant): Commonwealth of Massachusetts -Mass Highway Dept. 811 North King Street Mailing Address 01060 Northampton MA 01060 Zip Code City/Town State Zip Code Date Date wpaform2.doc • rev. 2/28/01 Page 1 of 5 Doc: 992104738 OR /6145/0114 E )/14/200114,44 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) 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 r>rgarding 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. ❑ 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 • rev. 2/27/01 Page 2 of 5 r-. �� Doc: 992104738 OR /6145/0115 ( ;3/14/200114:44 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 • rev. 2/27/01 Page 3 of 5 Doc: 992104738 OR /6145/0116 03/14/200114,44 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: 10,58 (6)(b) Exempt Activity (site applicable statuatory /regulatory provisions) ❑ 6. The area and /or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on El by certified mail, return receipt requested on Date Date sent to DEP: February 28, 2001 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 Appendix A) and the property owner (if different from the applicant). Signatures: February 15, 2001 Date February 28, 2001 Date wpaform2.doc • rev. 2/14/01 Page 4 of 5 Doc: 992104738 OR /6145,...,17 03/14/200114144 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 Appendix A) 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 Appendix E: 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. r ArrESTI 1gPSBIBE MARIANNE Lb DONOHUE REGIS wpaform2.doc • rev. 2/27/01 Page 5 of 5 Form 2 310 CMR 10.99 Commonwealth = of Massachusetts • Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation Commi To iviadz . Hig huxw V epcvc tm evi t and its C o wt tctc toffs - (Name of person making request) (Name of property owner) Address This determination is issued and delivered as follows: b hand delivery to person making request on by certified mail, retum receipt requested on • Location: Street Address Noxthamp ,to n I- 91 Lot Number. - (NAP ID. #) Effective 11/10/89 Address DEP File No. City/Town Applicant MrIJSA 1-113hr" ccttai and ,its Cowtn.actoius Date Request Filed P/ Pursuant to the authority of G.L c. 131, §40, the Northamptom Conservation Commi ssi on has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): 1 246- (To be provtded by OEP) Northampton Issuing Authority (date) (date) This Determination is ositive• 1. 0 The area described below, wnich includes all/part the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. .. The work described below, which includes all/part of the work described in your request,.is within an Area Subject to Protection Under the Act and will remove, fill, dredge.or alter that area There- fore. said work requires the filing of a Notice of Intent. rc 2 =1 Fors 1 310 C)RR 10.99 Commonwealth of xasaachuaetta Lot Number: Effective 11/10/89 Location: Street Address DEt l's Pam. See "Project Description and Scope of Work" owl Northampton Ap¢..MASS HWY DEPT. and_1S CONTRACTORS Request for a Determination of Applicability 131, Massachusetts Wetlands Protection Act, 1. 2, the undersigned, hereby request that the Northampton Conservation e Coar Labe to be performed on said area, also described below, described below, or ok is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, 540. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Northampton 1 -91 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) 1 - 1 G tud - (To be provided by DEP) \° \13J- H-10 c'CAlAteLtAlt, GNY1 0774/1 4 RESURFACING A SECTION OF I -91 EASTHAMPTON /NORTHAMPTON PROJECT DESCRIPTION AND SCOPE OF WORK The work to be done under this contract consists of crack sealing, cold planing and resurfacing a portion of Interstate 91 (northbound and southbound) in the Town of Easthampton and Northampton. The project begins in the Town of Easthampton at the Holyoke City Line and proceeds northerly into Northampton for a distance of 5.6 miles to about 2000 feet south of the Hatfield Town Line. Bridges N -19- 59, N- 19 -60, N -19 -63 and N -19 -65 shall be cold planed and resurfaced. All'other bridges within the limits of the project will be excluded from the work. The work also includes adjusting and rebuilding drainage structures, replacing highway guard where required and installing Modified Eccentric Loading Breakaway Cable Terminal, removing bituminous curb and replacing with new berm, placement of pavement markings. It is not anticipated that erosion /siltation control measures will be required, however they are included in this contract should they be needed. No work is proposed to be done in protected resource areas such as streams, rivers or wetlands. Work within 100 foot buffer zones will be contained within the existing roadway shoulders. Erosion /siltation control devices are included in the contract and will be applied as required. 4. The owner(*) of the area, it not the person making this request, has been given written notification of this request on (date) The names) and address(es) of the ovner(s)* S. I have filed a complet4 copy of this request vith the appropriate regional office of the Massachusetts Department of Environmental Protection November 22, 1993 (date) DEP Northeast Regional office 10 Commerce Way Woburn, MA 01601 DEP Central Regional office 75 Grove Street Worcester, MA 01605 6. I understand that notification of this request vill be placed in a local newspaper - at-my - expense - in accordance -with -Section - 1.0.5(34=(b)• 1 -of- .the regulations by the Conservation Commission and that I vill be billed accordingly. Signature Address A et fl1Db0 DEP Southeast Regional office Lakeville Hospital Route 10S Lakeville, MA 02347 DEP Western Regional office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 Joseph J. Superneau Tel. (LA13) S8 /1 -161