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07-035 Broad Brook Greenway-beaver-boardwalk-Determination-2012_ Massachusetts I Department of Environmental Protection Bureau of Resource Protection - Wetlands f i WPe4 Form 2 — Determination of Applicability-­­­- - -- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out Fto7n. forms on the Northampton computer, use Conservation Commission only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor - do not use the Broad Brook Coalition Northampton. Conservation Commission return key. Name Name PO Box 60566 210 Main Street, Room 11 Mailing Address Mailing Address Florence MA 01062 Northampton MA 01060 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: Detail Map March 2012 Title Date Title Date Title Date 2. Date Request Filed: March 23, 2012 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): Work within Fitzgerald Lake Conservation Area. 1) Installation of a pond leveler pipe within a beaver dam to maintain the flow of Broad Brook, 2) work within the current footprint of the boardwalk as necessary to stabilize 3) Hand - removal of deposited silt adjacent to the boardwalk to maintain boat acc Project Location: - - - -- - - North- Farms - Road - -- - - - - - -- - - Florence - ---- - - - - -- - -- Street Address City/Town 07 035 Assessors Map /Plat Number Parcel /Lot Number 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.) 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. 1016/04 Page 2 of 5 - Massachusetts D of Environmental Protection Bureau of Resource Protection - Wetlands WPA - Form - - - 2 - - Determination of L Applicability -- -- - j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 f B. Determination (cont.) }- 6 Jh_e_f_ollowing area_an_dLoE-work,itan_y_,1s subject_to a -nunicipaLoLd ance orbylaw - ---not I 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, subject to the following conditions: any work necessary to direct flow away from the boardwalk must be limited to the existing footprint of the boardwalk, silt removal must be limited to the existing open water channel. ❑ 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 filino of a Notice of Intent, subiect to the following conditions (if anv). - -- - - - 4 Request - is - not withinan 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. wpaformIcloc • Determination of Applicability • rev. 1016/04 Page 3 of 5 _ Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands. - MPA 2 — ®e#ermina #ion 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 nder - the Act - Since the - wo - r 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 C. Authorization Ordinance or Bylaw Citation This Determination is issued to the applicant and delivered as follows: by hand delivery on ❑ by certified mail, return receipt requested on aOla D to 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). Massachusetts D(, 'E __ �rtment of Environmental Protect ° �- Bureau of Resource rrotection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands - Protection Act - M:G.L c 1 31; §40 - - - - -- - — A. General Information 1 Important: When filling out 1. Applicant: forms_on the Broad - Brook C — oalition info @br -oadbr-ookcoalition.or-g computer, use Name E -Mail Address only the tab key P to move your O Box 60566 cursor - do not Mailing Address I use the return Florence MA 01062 I key. Cityfrown State Zip Code r� Phone Number Fax Number (if applicable) 2. Representative (if any): °m Northampton Office of Planning and Development Firm Wayne Feiden wfeiden @northamptonma.gov ' Contact Name E -Mail Address 210 Main Street, Room 11 Mailing Address Northampton MA 01060 Cityrrown State Zip Code 413- 587 -1265 . Phone Number Fax Number (if applicable) B. Determinations 1. 1 request the Northampton make the following determination(s). Check any that apply: Conservation Commission ® 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: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc Northampton r';# "rr.,,.,,, Page 1 of 4 — - — -- -- -- -- - -- - -- - - -- - -- - - -:— _ _: - - -- - -- - - -- - -- - A_ Massachusetts D( of Environmental Protecf`1 Bureau of Resource Protection - Wetlands Northampton WPA Form 1 Request for Determination of Applicability - - Ma - - - Massac- -- - huset -- ts Wetlands Protection Act M G L: c. - - 13 - 1 ! §40 - -- - - -- - - -- C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): - Norin r'armSKuctu rvo 1(rIIIpwrl Street Address City/Town 07 035 Assessors Map /Plat Number Parcel /Lot Number b. Area Description (use additional paper, if necessary): I Fitzgerald Lake Conservation Area. Work is proposed to occur within the Lake, but should not alter anv resource areas. c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): Install pond leveler pipe to maintain flow of Broad Brook and prevent increased water levels due to beaver activity, and hand - harvesting of cattails along the boardwalk to maintain boat access. Please see atta ched narrative wpaforml.doc Page 2 of 4 Massachusetts D( — 'rtment of Environmental Protect — I Bureau of Resource r'rotection - Wetlands Northampton r.itv/Snwn WPA Form 1- Request for Determination of Applicability -- ------- - - - - -- - - - Massachuset�s Wetlands Protection�Act M G:Lc 1 3�1; - §40 -- -- C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from havinn to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 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 811/96 ❑ 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 D( \" rtment of Environmental Protect'') Bureau of Resource Protection - Wetlands Northampton WP F orm _1- Request for Determination of Applicability Massachusetts 1/�etlands Profectiori - Act M.G. - L. c. - 131, §4G -- — 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 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: Northampton Conservation Commission Name 210 Main Street ' Mailing Address Northampton City/Town MA 01060 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 1 .05(3)(b)(1) of the Wetlands Protection Act regulations. Gi 31 %11 y Signature of Applicant Date Signature of Representative (if any) Date wpaforml.doc Page 4 of 4 Broad Brook Coalition seeks to conduct two maintenance activities at Fitzgerald Lake Conservation Area, near the North Farms Road entrance. The first is necessary to protect native habitat and prevent the Canoe Launch boardwalk from being undermined, and the second will maintain access to the lake from the Canoe Launch Pond Leveler Installation A new beaver dam has been built within the marsh at the western side of the Fitzgerald Lake near North Farms Road. The dam has been constructed over the past two years and is several hundred feet long. It has created an impoundment, raising the water level by 12 -18 ", in an area where there is a feeder stream flowing into Fitzgerald Lake. This has reversed the flow of a section of that stream, causing it to flow under the boardwalk that provides access to the Canoe Launch. The redirected flow is undermining the boardwalk supports, causing it to sag and thus impairing its integrity. Beavers are an important part of the environment, so rather than breach the dam or remove the beavers, BBC proposes to install a 12" by 40' flexible Pond Leveler pipe through the dam. This pipe will lower the water level in the impoundment area sufficiently to restore the feeder stream to its original channel. We anticipate that installation of the pipe will prevent the beavers from extending the dam across the mouth of the Broad Brook, which could require emergency solutions in the future. Further, lowering the water level will prevent a number of small native trees and shrubs within the impoundment, including dogwood and spicebush, from destruction by "drowning." The pipe installation will disturb only the beaver dam, and will not result in any impacts to LUW. If the Pond Leveler is not installed, there will be continuing deterioration of the condition of the boardwalk and the ecology of the adjacent area. Cattail Removal The Canoe Launch at the end of the boardwalk at the Lake formerly provided an open launching area for kayaks and canoes. Recently, extensive growth of cattails ad deposition of silt has reduced the accessibility of the area to small boats. Broad Brook Coalition proposes to conduct a one -day hand harvesting of the cattails by boat. The harvest area encompasses approximately 2,200 square feet adjacent to the Canoe Launch site. Plants will be cut at or near the water level, and stalks underwater will be left to break down naturally. No sediment or LUW will be disturbed as a result of the project. No herbicides will be used, and all cut material will be deposited in an upland location outside any resource areas and buffer zones. The proposed dump site is a shallow depression on the abandoned access road just to the north of the present blacktop path. If any invasive species are encountered, they will be separated from the rest of the material and burned. Broad Brook Coalition requests that the Commission find that the work proposed will take place within an area subject to protection under the WPA and Northampton Wetlands Ordinance, but will not remove, dredge, fill or alter that area. Permit Application Todav's Date- 03/23/2012 Owner Applicant Northampton Conservation Commission Broad Brook Coalition / Northampton Office of Planning 210 Main Street, Room 11 and Development Northampton, Massachusetts 01060 PO Box 60566 Northampton, Massachusetts 01060 413 -545 -0936 info@broadbrookcoalition.org 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 / 034 / 001 Deed Book of all lots in project: 1951 261 Project work address: 0 NORTH FARMS RD 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 ❑ Administrative Site Plan Review ❑ Planning Bd. Major Site Plan Approval (No Special Permit), including 40R projects ❑ Planning Bd. Special Permit w/ Site Plan for flag lots ❑ Planning Bd. Site Plan (NO Special Permit) ❑ Approval Not Required Plans ❑ Subdivision Preliminary ❑ Subdivision Definitive with no Preliminary Approved ❑ Zoning Board Special Permit ❑ Appeal of Building Commissioner - Zoning ❑ Variance ❑ Historic District Determination of Non - Applicability ❑ Historic District (Elm St) Determination of Appropriateness ❑ West Street Architecture ❑ Subdivision Definitive with Preliminary Approved ❑ Subdivision Definitive Amendment ❑ Zoning Board Finding ❑ Comprehensive Permit (40B) ❑ Demolition (Demolition Delav) ❑ Central Business Architecture ❑ Wetlands Notice of Intent IF ONLY local wetlands 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Fee Information Total Fee Amount: $0.00 Existing Use Fitzgerald Lake Conservation Area Planned Use Installation of pond leveler pipe within beaver dam, and clearing cattails from the end of the boat launch area. Please see attached WPA Form for detailed description Neighbors have not been discussed, but Broad Brook Coalition members are in support of the project. Detailed Project Information Wetlands Description: The applicant requests that the Commission find that the proposed work is within a resource area, but will not remove dredge fill or alter that area. Files Uploaded: 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 I LaValley for Broad Brook Coaltion Date Signed: 03/23/2012 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262