Northampton 246-0675 468 Sylvester WQC Notice-Audit.pdf
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
SENT ELECTRONICALLY
Anthony Vacchelli February 11, 2014
110 Carlisle Road
Dover, DE 19004
BACKWOODSBOY@GMAIL.COM
Re: AUDIT-
§401 WATER QUALITY CERTIFICATION REQUIREMENTS
ACTIVITIES REQUIRING AN APPLICATION
MINOR FILL AND EXCAVATION PROJECT
486 Sylvester Road
Northampton, Massachusetts
USACOE Application Number: None Assigned
MassDEP Wetlands File Number: 246-0675
Dear Mr. Vacchelli:
The Massachusetts Department of Environmental Protection (hereinafter the Department) has
conducted an audit of the Notice of Intent filed for the above-referenced project.
From the date of receipt of this letter, please insure that the Department is simultaneously
provided a copy of any correspondence, reports, plans, photographs, and other documents
sent to the Northampton Conservation Commission. All such documents should be sent
to the attention of David Foulis, at David.Foulis@state.ma.us.
Based upon the information provided within the Notice of Intent, the Department has determined
that discharge of dredged or fill material within “Waters of the United States within the
Commonwealth” is proposed, and therefore an individual §401 Water Quality Certification
application is required per 314 CMR 9.03(1)(c) of the regulations (314 CMR 9.00) promulgated
under the Massachusetts Clean Waters Act (the Act), MGL c. 21, §§ 26 through and including
53. The Department is simultaneously notifying the Northampton Conservation Commission
and the US Army Corps of Engineers, New England District, Regulatory Division, Permits and
Enforcement Branch of this project’s status under the Act.
2
The project proponent must obtain a Water Quality Certification from the Western Regional
Office prior to the initiation of construction within or adjacent to “Waters of the United States
within the Commonwealth” (as defined at 314 CMR 9.02). Please submit an application
(available at www.state.ma.us/dep) for review within thirty (30) calendar days from the date of
this correspondence.
In the alternative, you may submit additional information demonstrating that the proposed stream
crossing design complies with Crossing requirements at General Condition 21 in the General
Permit (GP), and thus avoid the requirement to obtain a Water Quality Certification per 314
CMR 9.04(3). Failure to do so shall indicate to the Department your intention to file a Water
Quality Certification application per the above.
Please be aware that work within “Waters of the United States within the Commonwealth”
related to this project without a Water Quality Certification or a revised project design to comply
with Crossing requirements at General Condition 21 in the General Permit (GP), may constitute
a violation of the Act and/or General Conditions #1 and #3 of an Order of Conditions for this
project, and may be subject to enforcement action on the part of the Department, and possibly
other regulatory agencies.
If you wish to discuss the nature of this letter, have any questions, or can demonstrate that the
project as proposed does not require a Water Quality Certification application per 314 CMR
9.03, please call David Foulis At 413-755-2154.
Sincerely,
Karen Hirschberg
Environmental Analyst
ec Northampton Conservation Commission
slavalley@NorthamptonMA.gov
Karen K. Adams, Supervisor
Regulatory Division, Permits and Enforcement Branch A
United States Department of the Army
New England District, Corps of Engineers
Karen.K.Adams@usace.army.mil
Alec MacLeod Northeast Land and Water
macleodalec@gmail.com