05-001 River Rd. Conservation CommitteeLl Massachusetts"�r-partment of Environmental Proton
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 sp$cified 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 8vlaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ❑% by certified mail, return receipt requested on
Date
April 29, 2003
Date
Date sent to DEP: April 2q, 2003
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 Icopy must be sent
to the appropriate DEP Regional Office (see Appendix A) and the propert owner (if differe r the
applicant❑ ❑Signatures:
W/A
April 24, 2003
Date
wpaform2.doc • rev. 4/24/03
Page 4 of 5
___1/
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
May 19, 2003
City Hal( • 2i o Main street, Room xi • Northampton, MA o 1060 - 3 1 9 8 ' 413)S87-12-66 . Fax 587 -i 264
Wayne Feiden, Director • p fanning @norttiamptonplanning.org www.norttiamptonplanning.org
Hampshire Care
222 River Road
Leeds, MA 01053
RE: 222 River Road
Map 5, Parcel 1
Dear Sir or Madam:
Enclosed please find a copy of the following for your records in connection to the above -
referenced property:
1. Determination of Applicability dated May 19, 2003.
A copy of the same has been sent to the DEP Regional office.
Should you have any questions or concerns, you may telephone me at 587 -1262.
Sincerely,
Angela Dion ✓
Board Secretary
Northampton Conservation Commission
cc: Hampshire Council of Governments, 99 Main Street, Northampton, MA 01060
planning board • conservation commission • zoning board of appeals • housing partnership • redevelopment autWrity -no rtb4n1pt,0n GIs
economic development • community development • tiistoric district commission • Wstoricalcommission• central business architecture
' , ariginaiprin nn riecgcWpaper
ILI Massachusettsb partment of Environmental Prot6..4on
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
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A. General Information
From:
Northampton
Conservation Commission
To: Applicant
Hampshire Care
Name
222 River Road
Mailing Address
Leeds MA
01053
Property Owner (if different from applicant):
Hampshire Council of Governments
Name
99 Main Street
Mailing Address
Northampton MA
City/Town State Zip Code City/Town State
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
"Topographic Plan of Land in Leeds, MA ", prepared for HCDC Hampshire Care 4/4/03
Facilitv. Date
01060
Zip Code
Title Date
Title Date
2. Date Request Filed:
4/17/03
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):
To confirm a wetland delineation for the construction of a 12 bed addition to an existing
Project Location:
222 River Road Leeds
Street Address City/Town
5 1
Assessors Map /Plat Number Parcel /Lot Number
wpaform2.doc • rev. 5/16/03 Page 1 of 5
Massachusettsb4partment of Environmental Prote.cion
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 regarding such boundaries for as long as this Determination is valid.
If any work is proposed within the resource area or buffer zone, a Request for Determination or an
Notice of Intent must be filed.
❑ 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. 5116103
Page 2 of 5
ILI Massachusetts'b4partment of Environmental Prote.,Jon
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. 5116103 Page 3 of 5
ILI Massachusetts 1 b4partment of Environmental Prote.-don
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:
❑ by hand delivery on ® by certified mail, return receipt requested on
Date
May 19 2003
Date
Date sent to DEP: May 19, 2003
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
ap
May 8, 2002
Date
wpaformMoc • rev. 5/1/03 Page 4 of 5
Commonwealth of Massachusetts T_ t
Division of
Fisheries & Wildlife
MassWi /d /ife f _
Wayrie F.MacCalur�i'Daector:''� j
March 31 2004 1'
APR - 1 2004 i
Mollie Babize
Walter Cudnohufsky Associates, Inc.
P. O. Box 489
Ashfield,, MA 01330 ' ` " ��° _ rd� _
Re: Hampshire Park
Northampton, MA
NHESP File: 04 -13913
Dear Ms. Babize,
Thank you for contacting the Natural Heritage and Endangered Species Program ( "NHESP ") of
the MA Division of Fisheries & Wildlife for information regarding state - protected rare species in
the vicinity of the above referenced site. We have reviewed the site and would like to offer the
following comments.
Our database indicates that the following protected rare species and communities occur within
Estimated Habitat 6035 ()ATH 603 5) and within Priority Habitat 642_ (PH 642) as indicated in the
l l Edition of the Massachusetts'Natural'Heritage Atlas
Scientific name Common Name Taxonomic Group State Status
Clemmys insculpta Wood Turtle Reptile Special Concern
Ambystoma jeffersonianum Jefferson Salamander Amphibian Special Concern
These species are protected under the Massachusetts Endangered Species Act (M.G.L. c. 131A)
and its implementing regulations (321 CMR 10.00). State - listed wildlife are also protected under
the state's Wetlands Protection Act (M.G.L. c. 131, s. 40) and its implementing regulations (3 10
CMR 10.37 and 10.59). Fact sheets for these species can be found on our website
hitp:/ /www. state. ma. us /dfwele /dfw /nhesp /nhfact.htm
This evaluation is based on the most recent information available in the Natural Heritage
database, which is constantly being expanded and updated through ongoing research and
inventory. Should your site plans change, or new rare species information become available, this
evaluation may be reconsidered.
MA Endangered Species Act (G.L. c. 131A)
Using the list of rare species provided above, we. recommend that rare wildlife and /or plant
surveys and assessiiments be conducted'by qualified individuals within suitable habitats on and
near the site accordini to scientifically accepted survey methodologies; Survey methodologies°
sfiouid by NHESP prior to initializing rare species surveys. A Rare 'Ani`inal/PYant
Observation Form, available at our website www.nhesp.org should be submitted for each species
www. masswildlife.org
Division of Fisheries and Wildlife
Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792 -7270 Fax (508) 792 -7275
An Agency of the Department offisheries,_ Wildlife &.Environmental Law Enforcement _. _ _
encountered. If during this site evaluation rare species are found on or near the site, then site
plans and a project description should be sent to NHESP Environmental Review to determine
whether a probable "take" under the MA Endangered Species Act would occur (321 CMR 10.04).
If NHESP determines that the proposed project would "take" a rare species, and the site is greater
than two acres, and within a Priority Habitat site, an Environmental Notification Form should be
submitted pursuant to the MA Environmental Policy Act regulations (301 CMR 11.03(2)(b)(2)).
If the project site does not occur within a Priority Habitat, but rare species have recently been
found on or near the site, then site plans and a site description should be submitted for MESA
review. A Conservation & Management Permit (301 CMR 10.04 (3)(b)) may be required for
work in rare species habitat.
Wetlands Protection Act
If the project site is within Estimated Habitat for Rare Wildlife and a Notice of Intent (NOI) is
required, then a copy of the NOI must be submitted to the NHESP in a timely manner so that it is
received at the same time as the local conservation commission. Using the species list provided
above, the Resource Areas on the site should be evaluated as important wildlife habitat for state -
protected species, focusing on those areas that provide feeding, breeding, over - wintering, shelter
and migration functions. The project should be evaluated for compliance with the rare species
performance standard so that there shall be no short- or long -term adverse effects to the habitat
(within Resource Areas) (310 CMR 10.37 and 10.59).
If you have any questions regarding this review, please call Megan Whitman, Environmental
Review Assistant, at ext. 303.
Sincerely,
Thomas W. French, Ph.D
Assistant Director
cc: Northampton Planning Board
Northampton Conservation Commission