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Mill River Greenway Trail Repair RDA Package July 26, 2018 Northampton Conservation Commission Sarah LaValley, Agent City Hall 210 Main Street Northampton, MA 01096 Re: Mill River Greenway Trail Repair Project Request for Determination of Applicability Northampton, MA Dear Ms. LaValley and the Members of the Commission, On behalf of the City of Northampton and property owners Henry Lyman jr. and Noele M. Sandoz, the Northampton Planning Department has prepared this Request for Determination of Applicability (RDA) for the repair of a popular walking trail damaged during flooding related to Tropical Storm Irene and subsequently through an ice jam event last winter at 60 Ward Ave (Parcel 30D-008-001) in Northampton, Massachusetts. The work proposed will involve filling the scoured area with stone and native path material, and seeding and closing off access to walk-around trails that have developed due to the trail damage. The proposed project is located on a 4.4-acre parcel that borders the Mill River. We are submitting two hard copies of this RDA application. We look forward to presenting this project to the Conservation Commission at the August 23th public hearing and are requesting the finding of a Negative 2 Determination. If you have any questions regarding this application or would like to finalize arrangements for scheduling a site walk, please do not hesitate to me. Sincerely, Joseph Rogers CC: DEP Western Region, NHESP Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: 1. Applicant:When filling out forms on the computer, use Name E-Mail Addressonly the tab key to move your Mailing Addresscursor - do not use the return key. City/Town State Zip Code Phone Number Fax Number (if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) B. Determinations 1. I request the 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: Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 1 of 4 City of Northampton Planning Department wfeiden@northamptonma.gov 210 Main Street Northampton MA 01060 413-587-1265 413-587-1264 Joe Rogers jrogogers@northamptonma.gov 210 Main Street Northampton MA 01060 413-218-2959 Northampton Northampton Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): 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): wpaform1.doc Page 2 of 4 Northampton 60 Ward Ave Northampton 30D 30D-008-001 The site is located on the multi-use path that runs along the north side of the Mill River between Federal Street and Smith College. The area of the path is described as "Trail Lot E" under an easment agreement between the City of Northampton and Henry Lyman / Noele Sandoz of 60 Ward Ave. The area is forested and borders the river and is a popular walking and biking path. See attached narative for additional details. See attached narative 07/27/18 This project proposes to repair an eroded section of the Mill River Greenway Trail that was scoured during flooding caused by Tropical Storm Irene and subsequently by an ice jam in 2018. The existing trail is confined within an easement agreement that defines an approximately six foot wide trail. The large "pot hole" in the trail has resulted in the formation of several by-pass trails. These trails are undesirable since they often take pedestrians out of the easement and onto private property. In addition, they tend to start by widening the exisiting trail and cause erosion and damage to native groundcover. Once the widened portion of trail becomes less useable, additional trails begin to form and the ecological integrity of the area is further degraded. We are proposing to fill the scoured portion thereby restoring the original trail course and closing by-pass trails to allow them an opportunity to re-vegetate. See attached narative for additional details. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town 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 Protection 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). 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.) wpaform1.doc Page 3 of 4 Northampton Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 knowledge. 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: Name Mailing Address City/Town 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 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative (if any) Date wpaform1.doc Page 4 of 4 Henry Lyman jr. & Noele M, Sandoz 60 Ward Ave Northampton Massachusetts 01060 Northampton Request for Determination of Applicability: Mill River Greenway Trail Repair, Northampton Prepared for City of Northampton Conservation Commission Prepared by City of Northampton Planning Department July 27th 2018 Request for Determination of Applicability: 60 Ward Ave., Northampton i CONTENTS 1.0 Introduction ..................................................................................................................................... 2 2.0 Site Review and Description ........................................................................................................... 2 3.0 Proposed Work ................................................................................................................................ 3 3.1 Site Access .................................................................................................................................... 3 3.2 Trail Easement .............................................................................................................................. 3 3.3 Erosion Control ............................................................................................................................. 4 3.3 Trail Repair ................................................................................................................................... 4 3.4 By-pass trail Closure ..................................................................................................................... 4 3.4 Seeding/Re-vegetation .................................................................................................................. 4 4.0 Mass GIS Database and Protected Species Review ..................................................................... 4 4.1 NHESP-Designated Areas ............................................................................................................ 4 4.2 ORW and ACEC ........................................................................................................................... 5 5.0 Summary .......................................................................................................................................... 5 6.0 References ........................................................................................................................................ 5 Project Figures ............................................................................................................................................ 6 Request for Determination of Applicability: 60 Ward Ave., Northampton 2 1.0 INTRODUCTION On behalf of Henry Lyman jr. & Noele Sandoz, the City of Northampton Planning Department has prepared this Request for Determination of Applicability (RDA) for work in the Riverfront and Bordering Land Subject to Flooding associated with Mill River Greenway Trail repairs at 60 Ward Ave (Parcel 30D- 008-001) in Northampton, Massachusetts. The parcel, owned by Henry Lyman and Noele Sandoz, is 4.4 acres in size and is a mostly forested residential lot with frontage along the Mill River (Figures 1 and 2). This project proposes to repair an eroded section of the Mill River Greenway Trail that was scoured during flooding caused by Tropical Storm Irene and subsequently by an ice jam in 2018. The existing trail is confined within an easement agreement that defines an approximately six foot wide trail. The large "pot hole" in the trail has resulted in the formation of several by-pass trails. These trails are undesirable since they often take pedestrians out of the easement and onto private property. In addition, they tend to start by widening the existing trail and causing erosion and damage to native groundcover. Once the widened portion of trail becomes less usable, additional trails begin to form and the ecological integrity of the area is further degraded. We are proposing to fill the scoured portion thereby restoring the original trail course and closing by-pass trails to allow them an opportunity to revegetate. Course stone will fill the depression and be covered with native material. Areas along the side of the trail will be closed off and seeded to allow for revegetation. This RDA is being submitted for all work associated with the trail repair, trail by-pass closure, and trail margin re-vegetation. There will be no impacts to Bank or BVW as part of this project. Seeding of any disturbed areas along the course of the trail easement in the project site will use a restoration type seed mix. All work will be performed during dry summertime conditions to the extent feasible. In accordance with the Wetland Protection Act Regulations and the City of Northampton’s Wetlands By-law, two paper copies of this RDA are being submitted to the Commission. A hard copy submission of this RDA was mailed to the Massachusetts Department of Environmental Protection (MassDEP). There is no filing fee for the project under the Massachusetts Wetlands Protection Act (WPA). We are requesting the finding of a Negative 2 Determination for this proposed project. 2.0 SITE REVIEW AND DESCRIPTION A desktop review of the project location at 60 Ward Ave was conducted using MassGIS’s Online Mapping Tool, Oliver. The subject parcel is located in the east central portion of Northampton. The property’s map parcel id is 30D-008-001 and the area of the parcel is 4.4 acres. The property was investigated remotely for the presence of the following data layers and publicly available information: Areas of Critical Environmental Concern There are no area of Critical Environmental Concern on the property NHESP Certified Vernal Pools There are no certified vernal pools on the property Potential Vernal Pools There are no potential vernal pools listed as occurring on the property NHESP Estimated Habitats of Rare Wildlife The project is within a mapped area of Estimated Habitats of Rare Wildlife Request for Determination of Applicability: 60 Ward Ave., Northampton 3 NHESP Priority Habitats of Rare Species The project is within a mapped area of Priority Habitats of Rare Species DEP Wetlands Detailed There are no wetlands in the project area, but the project is within the Mill River Riverfront. DEP Wetlands Hydrologic Connections There are no hydrologic in the project area. Outstanding Resource Waters (ORW) There are no ORW’s present on the property Q3 Flood Zones The project area is within a mapped Flood Zone (FEMA) Dominant Soils The site is within a mapped area of Winooski silt loam with 0 to 3 percent slopes Aerial photos The project area is adjacent to a sediment deposition area at the bend of the Mill River Slope The topography is gently sloped and elevations at the project site range from 140 to 145 ft. Northampton Conservation Commission The commission meets next on August 23rd. The highlighted rows above indicate data layers that may necessitate permit filing if proposed projects are located within streams or resource areas. 3.0 PROPOSED WORK 3.1 Site Access Access to the site will be along the existing Mill River Greenway Trail. The area of repairs is located approximately 1,000 feet down the trail from Federal Street in Northampton. Large stones at the intersection of the trail and Federal Street will be moved to allow for a Bobcat style machine to shuttle materials to the site. The Mill River Greenway Trail is almost entirely within a Sanitary Sewer Easement to within 100 feet of the work area and the City of Northampton DPW will be notified of this proposal before any work commences. See Figures 4 and 5 and attached easement information. 3.2 Trail Easement The project area is contained within an easement granted to the City of Northampton by Henry Lyman and Noele Sandoz of 60 Ward Avenue, Northampton and recorded in the Hampshire County Registry of Deeds in Book 12919, Page 239. The parcel of land called “Trail Lot E” is shown on a plan entitled “Plan of Land in Northampton, MA, Hampshire Registry, and Prepared for the City of Northampton”. The plan is dated April 22, 2011 and recorded in the Hampshire Registry of Deeds at Plan Book 225, Page 2. The purpose of the easement agreement is to facilitate the public use and enjoyment of the Mill River Greenway Trail. This agreement grants the City an easement to pass along a six foot wide trail established within the easement area. It also grants the City the right to maintain, repair, and replace the trail in a number of ways consistent with the proposed project. Copies of the Easement Agreement and Plan are included with this submission. Request for Determination of Applicability: 60 Ward Ave., Northampton 4 3.3 Erosion Control Erosion controls for the proposed project will consist of staked straw wattles placed in an arc down gradient of the area to be repaired and the adjacent area to be seeded. The work area will be closed and a by-pass trail will be used during the active construction period of a day or two. See Figure 6 for the location of erosion controls. Erosion controls will be maintained and left in place until the repairs have been stabilized and vegetation established. 3.3 Trail Repair We are proposing to repair and re-open the original route of the trail by undertaking the following. The scoured portion of the trail at its deepest is approximately six feet wide and 20 feet long by 2 feet deep. See Figure 2, 3, and 7. We fill this section with large coarse blasted stone to form the subgrade of the trail. Native trail material, similar to the existing path material on site will then be used to bring the trail up to grade over a 60 foot section of the path. This material will be delivered and compacted on site using a Bobcat type excavator. The trail will be pitched to align with the surrounding topography and conform to preexisting conditions. No work will be performed within bordering vegetated wetlands and no stream crossings are necessary to complete the proposed work. 3.4 By-pass trail Closure Once the old trail is established and available for use, the by-pass trails will be roped off or closed using fallen branches. Ropes with signage attached will be used to inform trail users about the purpose of the work. The closure of by-pass trails will allow for revegetation to take place and the eroded areas to stabilize. Ropes and signs will be removed once the adjacent areas have become stabilized and the original trail course has be re-established. 3.4 Seeding/Re-vegetation Disturbed areas adjacent to the repaired trail along with sections of by-pass trails that we would like to have permanently closed will be seeded and allowed to re-establish ground cover. Since the area is within Riverfront and occasionally will become inundated but does not have wetland characteristics, a New England Erosion Control/Restoration Mix for Detention Basins and Moist Sites (or similar) will be used. Disturbed areas will be scarified using a rake, seeded per the seed type recommendations, and covered with a straw mulch. 4.0 MASS GIS DATABASE AND PROTECTED SPECIES REVIEW 4.1 NHESP-Designated Areas GIS databases were reviewed to determine if the project is located within Natural Heritage and Endangered Species (NHESP) Priority Habitats of Rare Species (Priority Habitat), Estimated Habitats of Rare Wildlife, Certified Vernal Pools, and Potential Vernal Pools (NHESP 2017b, NHESP 2017a, NHESP 2018). It was determined that both Priority Habitat and Estimated Habitat coincides with the property and project area, and that there are no mapped Certified or Potential Vernal Pools. A copy of this Request for Determination of Applicability: 60 Ward Ave., Northampton 5 RDA will be submitted to the NHESP for review under Massachusetts Endangered Species Act M.G.L. c.131A and Regulations (321 CMR 10.00). 4.2 ORW and ACEC GIS datasets were also reviewed to determine if the site was located within Outstanding Resource Waters (ORW) or Areas of Critical Environmental Concern (ACEC) (MassGIS 2010, MassGIS, 2009). ORW are watershed areas that have been classified as such under the Massachusetts Surface Water Quality Standards. These watersheds constitute an outstanding resource as determined by their important socioeconomic, recreational, ecological and/or aesthetic values. These areas have been identified so that they may be protected and maintained. An ACEC is also an area designated in Massachusetts that receives special recognition because of the quality, uniqueness and significance of its natural and cultural resources. It was determined that there are no ORW or ACEC located on the property. 5.0 SUMMARY This Request for Determination of Applicability is being submitted for trail repair work along a portion of the Mill River Greenway Trail on an easement held by the City of Northampton. The work proposed will repair a scoured section of trail and reestablish the original trail route for a popular walking and biking trail along the Mill River. Eroded areas and trail by-pass areas will be seeded and allowed to revegetate as part of this project. 6.0 REFERENCES Massachusetts Department of Environmental Protection (MassDEP). 2017. 310 CMR 10.00: Wetlands Protection Act Regulations. Available at: https://www.mass.gov/regulations/310-CMR-1000-wetlands-protection-act-regulations Natural Heritage and Endangered Species Program (NHESP). 2017a NHESP Estimated Habitats of Rare Wildlife. Bureau of Geographic Information (MassGIS). Available at: http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application-serv/office-of-geographic-information-massgis/datalayers/nhesp-estimated-habitats-of-rare-wildlife-.html Natural Heritage and Endangered Species Program (NHESP). 2017b. NHESP Priority Habitats of Rare Species. Bureau of Geographic Information (MassGIS). Available at: http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application-serv/office-of-geographic-information- massgis/datalayers/prihab.html Natural Heritage and Endangered Species Program (NHESP). 2018. NHESP Certified Vernal Pools. Bureau of Geographic Information (MassGIS). Available at: http://www.mass.gov/anf/research-and- tech/it-serv-and-support/application-serv/office-of-geographic-information-massgis/datalayers/cvp.html Office of Geographic Information (MassGIS). 2009. Areas of Critical Environmental Concern. Available at: http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application-serv/office-of-geographic- information-massgis/datalayers/acecs.html Office of Geographic Information (MassGIS). 2010. Outstanding Resource Waters. Available at: http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application-serv/office-of-geographic-information-massgis/datalayers/orw.html Request for Determination of Applicability: 60 Ward Ave., Northampton 6 PROJECT FIGURES Figure 1: Photo of existing trail leading toward eroded area and developing side trail. Figure 2: Eroded trail area on left, widening of trail walk around on right. Developing side trail off easement. Existing trail on easement heading to eroded section. Eroded trail on easement Off easement walk around trail Request for Determination of Applicability: 60 Ward Ave., Northampton 7 Figure 3: View of eroded area from the opposite direction. Figure 4: Project area of work. Eroded trail on easement Off easement walk around trail Request for Determination of Applicability: 60 Ward Ave., Northampton 8 Figure 5: Orthophoto showing project work area. Figure 6: Existing conditions in project work area. Page | 1 Figure 7: Repair of eroded trail plan. Botanical Name Common Name Indicator NEW ENGLAND WETLAND PLANTS, INC New England Erosion Control/Restoration Mix For Detention Basins and Moist Sites 820 WEST STREET, AMHERST, MA 01002 PHONE: 413-548-8000 FAX 413-549-4000 EMAIL: INFO@NEWP.COM WEB ADDRESS: WWW.NEWP.COM Elymus riparius Riverbank Wild Rye FACW Schizachyrium scoparium Little Bluestem FACU Festuca rubra Red Fescue FACU Andropogon gerardii Big Bluestem FAC Panicum virgatum Switch Grass FAC Vernonia noveboracensis New York Ironweed FACW+ Agrostis perennans Upland Bentgrass FACU Bidens cernua Nodding Bur Marigold OBL Eupatorium maculatum (Eutrochium maculatum)Spotted Joe Pye Weed OBL Eupatorium perfoliatum Boneset FACW Aster novae-angliae (Symphyotrichum novae-anglia New England Aster FACW- Scirpus cyperinus Wool Grass FACW Juncus effusus Soft Rush FACW+ The New England Erosion Control/Restoration Mix for Detention Basins and Moist Sites contains a selection of native grasses and wildflowers designed to colonize generally moist, recently disturbed sites where quick growth of vegetation is desired to stabilize the soil surface. It is an appropriate seed mix for ecologically sensitive restorations that require stabilization as well as long-term establishment of native vegetation. This mix is particularly appropriate for detention basins that do not hold standing water. Many of the plants in this mix can tolerate infrequent inundation, but not constant flooding. The mix may be applied by hand, by mechanical spreader, or by hydro- seeder. After sowing, lightly rake, roll or cultipack to insure good seed-to-soil contact. Best results are obtained with a Spring or late Summer seeding. Late Fall and Winter dormant seeding requires an increase in the application rate. A light mulching of clean, weed-free straw is recommended PRICE PER LB.$34.00 MIN. QUANITY 3 $102.00TOTAL:APPLY: 35 LBS/ACRE :1250 sq ft/lbLBS. New England Wetland Plants, Inc. may modify seed mixes at any time depending upon seed availability. The design criteria and ecological function of the mix will remain unchanged. Price is $/bulk pound, FOB warehouse, Plus SH and applicable taxes.