I-91 Resurfacing Determination of ApplicabilityDear Mayor Higgins
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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
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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
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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