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07-035 Broad Brook Greenway parking lot wetlands determination.A -- assac - use — - eba me o - E — nvi - r - an - mp - nf;tl - Prntp- - (- - f inn Bureau of Resource Protection - Wetlands lIIIPA Form 2 - Determination of Applicability - - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Imp --- — When filling out rom: 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 Northampton Office of Planning & Sustainability Northampton Conservation Commission return key. Name Name 210 Main Street, Room 11 Mailing Address Mailing Address 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: Request for Determination and Supporting Materials, map and photo pages April 5, 2013 Title Date Title Title 2. Date Request Filed: April 5, 2013 Date Date 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): rehabilitation of the Fitzgerald Lake parking area by installing a new layer of mixed -grade traprock gravel, up to 3/4 ". Work will be conducted by the Northampton DPW, and will be limited to the footprint of the existing parking lot, which is located within riverfront area to Broad Brook and buffer zone to bank and bordering vegetated wetland. Project Location: North Farms Road Street Address 07 Assessors Map /Plat Number wpaform2.doc • Determination of Applicability • rev. 10/6/04 Northampton (Florence) City/Town 035 Parcel /Lot Number Page 1 of 5 i I L — assac usetts - epartm Environmental Protection - Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of - Applicability j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) followin Determin are applicable tc the proposed_ site_ and /_or_pr_oject_r-elative_to_the_ -Wetlands_ Protection Act and regulations: Positive Determination I 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 b I' — Massachusetts - epa men o -- - nvironmen a - - ro ec ion 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_andlor_ 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, subject to the following conditions: The berm around the parking lot must be repaired, and any gaps re- established. The crown of the parking area shall be re- established, and the area graded so that runoff is directed away from North Farms Road and toward the souther portion of the site ❑ 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 - Det ermination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) 5� The area described - in the Request is subject - fo protection under the Acf: 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 iduy (5, dot 3 Date 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.findvour.htm and the property owner (if different from the applicant). I 2 i r l fl U � C� D to wpaform2:doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5 I ILI Bureau of Resource Protection - Wetlands WPA Form 2 — Determination - of Applicability - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The a o wner , -any pe rson a ggrieved by_this Determination.,_any owner_of- land- abutting_th.e_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. gov /dep /about/region.findvour.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. 10/6104 Page 5 of 5 Important: When filling - out — forms on the computer, use - -- — only -the tab -key— to move your cursor - do not use the return key. ILA wpaforml.doc . i i i i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton Cityrrown WPA Form 1 Request for Determination of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1- Applicant Northampton Office of Planning and Sustainability Name E -Mail Address 210 Main Street, Room 11 Mailing Address Northampton MA 01060 City/Town State Zip Code 413- 587 -1265 Phone Number Fax Number (if applicable) 2. Representative (if any): Firm Wayne Feiden wfeiden @northamptonrna.gov Contact Name E -Mail Address Mailing Address City/Town State Zip Code 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). I Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton WPA Form - 1= Request for Determination of-Applicability- City/Town - - -_ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1— a— P- r-oject Location- (use -maps- and - plans -to- identify -the- location -of -the- area -subj North Farms Road Street Address 07 Northampton (Florence) City/Town 035 Assessors Map /Plat Number Parcel /Lot Number b. Area Description (use additional paper, if necessary): Fitzgerald Lake Conservation Area parking lot c. Plan and /or Map Reference(s): Locus Map Title Photos Title Date 4/5/13 Date Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): The applicant proposes to rehabilitate the Fitzgerald Lake parking area by installing a new layer of mixed -grade traprock gravel, up to 3/4 ". Work will be conducted by the Northampton DPW, and will be limited to the footprint of the existing parking lot, which is located within riverfront area to Broad Brook and buffer zone to bank and bordering vegetated wetland. The Wetlands Resources Map shows approximate locations of RFA and buffer zone boundaries, no new delineations were conducted. The 10 -car parking area was installed in summer, 1996 under DEP File Number 246 -387. Removal of culverts installed for a planned subdivision, and paving of 840 feet of the entry trail to FLCA were also conducted under the same Order. The parking lot replaced a pre- existing driveway access, and has not been improved since 2005, when curbing and berms were installed to prevent erosion. The parking area is now in need of a maintenance application of asphalt to ensure that it remains in a safe condition. Granite curb edges are exposed at the entrance, and plowing of the lot over the years has scraped away much of the gravel and exposed the subgrade (see attached photos.) The installed berms have prevented this material from eroding into Broad Brook, and will also negate the need for erosion control during project work. The applicant will request that Broad Brook Coalition include raking of loose gravel from the berms into spring cleanup activities. The applicant requests that the Commission determine that the work is located within an area subject to prot ection, - but will not constitute an alteration. wpaforml.doc Page 2 of 4 - Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton City/Town Ll 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- P- r-otection -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). For Riverfront Area only: 310 CMR 10.58 (6), areas grandfathered or exempted from requirements for the Riverfront Area: 'Maintenance of (parking lot within the RFA in existence on August 7, 1996) 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 LI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Northampton WPA Form 1- Request for Determination of Applicability City/Town - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I her eby c ertify under the p enalties o f perj that the fore going Request for D etermination of A pplicability and accompanying plans, documents, and supporting data are true and complete the best my knowledge. furtKer the prope y owner, if i event rom 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 State 01060 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 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature otApplicant Date Signature of Representative (if any) Date wpaforml.doc Page 4 of 4 Close -up of entrance to parking area, showing missing gravel at curb