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NOI Narrative_Citro80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 1 Notice of Intent Under Massachusetts Wetlands Protection Act MGL CH. 131, Section 40 For Properties Located at Assessors Map 25, Lot 78, 86 Riverbank Road, Northampton, MA 01060 July 2017 Project Location and Site Description: The project is proposed by John Citro in the Town of Northampton, MA. The project location includes the lot designated on the Assessors Map 25, Lot 78, 86 Riverbank Road. Surrounding land use consists of a sparsely populated residential community. Lot sizes vary in the community but are typically between one-quarter acre and three acres. Lot 78 size is approximately 0.109 acres according to recorded survey information on file at the Hampshire County, Massachusetts Registry of Deeds. The subject parcel is developed with a single-family home, asphalt driveway, concrete walk, trailer, stairs, decks, and dock. The applicant wishes to demolish the existing single-family home and one of the attached decks, and reconstruct them within the same footprint. Existing Conditions: The property known as 86 Riverbank Road is a residential use in common ownership consisting of five side by side parcels (Map 25, Lots 1, 2, 78, 79, and 83), totaling a size of 0.988 acres, to the north of Riverbank Road. The parcel falling in the center of the five (Lot 78) is developed with a single-family house and associated decks, asphalt drive, concrete walk, and dock. A portion of the single-family house extends onto the parcel to the West (Lot 79). A trailer and asphalt driveway are also located on Lot 79, to the Northwest of the single-family home. The three remaining parcels, Lots 1, 2, and 83, are currently undeveloped. The Connecticut River run adjacent to the northerly property boundaries of all five parcels. Ground cover at the site consists of both lawn and wooded areas. A mixture of deciduous and coniferous trees line the three undeveloped parcels, while the developed parcels consist mostly of unmaintained lawn with a few mature trees scattered throughout. The Connecticut River is present along the northerly property boundary, North of the single-family home. The topography at the site is 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 2 very steep with nearly 1:1 grades sloping down from the single-family house towards the northerly property boundary where the Connecticut River runs adjacent. A relatively flat envelope, extending from Riverbank Road, surrounds the asphalt drive and a majority of the single-family house. Storm water runoff migrates via sheet flow from South to North and discharges to the Connecticut River. The natural topography of the lot directs storm flow across the unmaintained lawn toward the river. The flow path varies in length and range is measured between 50-25 feet prior to entering the resource area. NRCS Soil Mapping indicates the existence of Hadley silt loam soil type at the subject parcel, with 3 to 8 % slopes and a hydrologic soil classification “B” (See Appendix C). Proposed Work: The applicant proposes to demolish the existing damaged single-family house located on Lot 78, and reconstruct a new house within the same footprint. The applicant also seeks to remove and replace the existing decks (upper and lower), attached to the northerly side of the house that is to be demolished, within the same footprint. The proposed structures, both the building and the decks, will be constructed on a 2-inch helical pier foundation. In addition, a 12-inch stone diaphragm will be installed below the proposed structures. Portions of the work fall within areas deemed jurisdictional under the Massachusetts Wetlands Protection/Rivers Act and therefore an Order of Conditions is required. Means and methods of work are outlined on the accompanying project plans and in narrative form in Appendix A and B of this report. Determination of Resource Areas – Definition, Critical Characteristics, and Boundary: The Resource Areas located within the project vicinity include: Bordering Land Subject to Flooding, and Riverfront to the Connecticut River. Available USGS Quadrangle, FEMA, NHESP, Mass DEP Wetlands, NRCS Soil Mapping, current and historic aerial photographs, as well as field recovered information were consulted in determining the jurisdictional resource areas effecting the subject parcel. Please reference aerial photographs and relevant mapping attached as Appendix C and D. A. Bordering Land Subject to Flooding Bordering Land Subject to Flooding is an area with low, flat topography adjacent to and inundated by flood waters rising from creeks, rivers, streams, ponds, or lakes. It extends from the banks of these waterways and water bodies; where a bordering vegetated wetland occurs, it extends from said wetland. The boundary of Bordering Land Subject to Flooding is estimated as the maximum extent of flood water which results from the 100-year storm frequency. This boundary can be determined from available flood profile data provided by the Federal Emergency Management Agency (FEMA). According to FEMA Community Panel #250167 0002 A, portions of the applicant’s parcel fall within the mapped 100-year floodplain (Map Zone A13) and the 100-YR flood elevation for this location is determined. The site topographic survey uses a datum elevation referenced to a nearby benchmark located on the base 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 3 of a traffic control pole on the Route 9 bridge. The 100-yr floodplain elevation at this location encompasses all areas falling below the 125’ elevation and subsequently includes all of parcel 78. B. Riverfront Area A river is a naturally flowing body of water that empties into any ocean, lake, pond, or other river and which flows throughout the year. Rivers included streams that are perennial because surface water flows within them throughout the year. A river or stream shown as perennial on the current United States Geological Survey (USGS) or more recent map provided by the Department is perennial. USGS Quadrangle mapping displays the Connecticut River travelling adjacent to the northerly property boundary of the subject parcel. Topographic mapping validates the presence of the river along the northerly property boundary. All of the proposed work falls within the inner riparian zone of the Riverfront Area to the Connecticut River. C. Bank (Naturally Occurring Banks and Beaches) A Bank is the portion of the land surface which normally abuts and confines a water body. It can occur between a water body and a Bordering Vegetated Wetland. Under this definition, Bank is occurring along the edge of the Connecticut River. A Bank can be partially or totally vegetated, or it can be comprised of exposed soil, gravel or stone. The Bank of the Connecticut River has been defined in the field according to the lower of either the mean annual high water mark or the first observable break in slope along the Bank in the vicinity of the project. This area is characterized by a break in slope and the presence of exposed soil. No disturbance to the Bank is required as part of the proposed work; however, all of the proposed work falls within the 200-foot Riverfront Area to the Connecticut River. D. Estimated Habitats of Rare Wildlife (for inland wetlands) The project is located within jurisdictional priority habitat polygon as shown on current Natural Heritage and Endangered Species Program (NHESP) mapping (Refer to Appendix C). A fully completed copy of this Notice of Intent has been sent to the Program for final determination. The project is not believed to be exempt from MESA filing. Wetlands Protection Act Analysis: Following are the Performance Standards associated with the proposed disturbance under the Wetlands Protection and Rivers Act (WPA). The text of the WPA is followed by our response on how we meet each applicable Standard. A. Land Subject to Flooding (Bordering and Isolated Areas) 310 CMR 10.57(4)(a)(1): Compensatory storage shall be provided for all flood storage volume that will be lost as the result of a proposed project within Bordering Land Subject to Flooding, when in the judgment of the issuing authority said loss will cause an increase or will contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows. 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 4 Response: The project includes demolishing the existing home, with a First Floor (FF) elevation of 122.39’, and replacing it with a new home within the same footprint, with a FF elevation of 125.25’ which is above the floodplain elevation of 125’. Removal of the existing building will generate a total cut of 1,374.17 CF in the floodplain, while the construction of the proposed building will only generate 961.70 CF of fill in the floodplain since the FF elevation of the new building will be raised slightly above the floodplain elevation. The replacement of the upper and lower decks attached to the north side of the home also falls below the floodplain elevation. Removal of the existing decks will generate a total cut of 291.87 CF in the floodplain, while the construction of the proposed decks will only generate 240.52 CF of fill in the floodplain. In addition, the construction of a front and side entrance landing and stairs is proposed in the floodplain elevation. The new entrances will generate a total of 51.04 CF of fill in the floodplain. The project includes the installation of (40) screw driven helical piers to support the new house and decks. All piers are anticipated within the floodplain; however, the piers will be installed within the same footprint as the existing foundation. As a result, the area required to complete the installation of the piers within the floodplain will not generate any additional fill within the resource area. Each pier is a 2- inch diameter post. The area required to complete the installation of the (40) piers within the floodplain accumulates to 0.87 SF. Assuming the existing structures currently sit on a foundation of (40) 6-inch by 6-inch piers, at a minimum, totaling an area of 9 SF; the installation of the proposed helical piers would result in a 10.7 CF reduction in fill (8 SF area with a 18-inch depth assumed), resulting in an increase in available floodplain storage. Since the amount of cut at each incremental elevation is so minuscule, the installation of the piers was neglected in the below calculations for additional floodplain storage. In addition, the removal and replacement of 12-inches of soil with 12-inches of crushed stone below the proposed structures will yield a very modest increase in available floodplain storage as well. The application proposes to remove all spoils generated from the helical pier installation from the floodplain; therefore, no additional flood storage is lost due to subsurface elements. 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 5 COMPENSATORY STORAGE CALCULATIONS INCREMENTAL ELEVATION PROPOSED FILL (CF) PROPOSED CUT (CF) VOLUME CHANGE (CF) 110 FT TO 111 FT 0 0 0 111 FT TO 112 FT 0 0 0 112 FT TO 113 FT 0 0 0 113 FT TO 114 FT 0 0 0 114 FT TO 115 FT 0 0 0 115 FT TO 116 FT 0 0 0 116 FT TO 117 FT 0 0 0 117 FT TO 118 FT 19.58 19.58 0 118 FT TO 119 FT 101.23 101.23 0 119 FT TO 120 FT 0 0 0 120 FT TO 121 FT 0 0 0 121 FT TO 122 FT 0 822.06 822.06 122 FT TO 123 FT 0 723.17 723.17 123 FT TO 124 FT 12.52 0 -12.52 124 FT TO 125 FT 1,119.93 0 -1,119.93 TOTALS: Total Addition 1,253.27 CF Total Removal 1,666.03 CF Additional Storage 412.77 CF (15.29 CY) B. Riverfront Area 310 CMR 10.58(5) Redevelopment Within Previously Developed Riverfront Areas; Restoration and Mitigation. Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing authority may allow work to redevelop a previously developed riverfront area, provided the proposed work improves existing conditions. Redevelopment means replacement, rehabilitation or expansion of existing structures, improvement of existing roads, or reuse of degraded or previously developed areas. A previously developed riverfront area contains areas degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil, junkyards, or abandoned dumping grounds. Work to redevelop previously developed riverfront areas shall conform to the following criteria: (a) At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. When a lot is previously developed but no portion of the riverfront area is degraded, the requirements of310 CMR 10.58(4) shall be met. 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 6 Response: The proposed work shall result in an improvement over the existing conditions. The capacity of the riverfront area to achieve the performance standards noted in the act will be enhanced through the stabilization of the subsurface below the proposed structures with the installation of a stone diaphragm and the continued monitoring and removal of invasive species of trees and shrubs along the riverfront. (b) Stormwater Management to be in accordance with DEP standards. Response: No stormwater management is required according to standards established by the Department. (c) Within 200-foot riverfront areas, proposed work shall not be located closer to the river than existing conditions or 100 feet, whichever is less, or not closer than existing conditions within 25- foot riverfront areas, except in accordance with 310 CMR 10.58(5)(f) or (g). Response: Within the 200 FT Riverfront Area, no proposed work is located closer than existing conditions. The closest existing structure, the existing dock, is located approximately 0 FT from the mean annual high water mark of the Connecticut River. The proposed deck is planned to be approximately 19 FT from the river, while the existing deck that it is to replace is currently 19 FT from the river. (d) Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront area boundary and away from the river, except in accordance with 310 CMR 10.58(5)(f) or (g). Response: The proposed work, including the proposed building and decks, is not located any closer to the river than the existing conditions. (e) The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g). Response: The existing lot contains degraded areas calculated at 1,832 SF. These areas include the existing foundation for the single-family home and decks, (40) 6”x6” piers; existing trailer; concrete walkway; entry stairs; asphalt driveway; and dock. With the proposed development, the lot will contain degraded areas at 3,845 SF. Only 2,579 SF of the total degraded area proposed on the lot is due to the “new work” and 1,266 SF of the existing degraded area is to remain. A 2,055 SF area of stone diaphragm is proposed below the house and decks footprint; however, the stone diaphragm is a pervious surface. The remaining 1,790 SF of proposed degraded area consists of the impervious surfaces on the subject parcel. The impervious area increase totals approximately 524 SF and consists of the proposed foundation for the new home and decks, (40) 2” diameter helical piers; new front and side entry stairs 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 7 and landings; a vertical curb proposed along the southerly side of the new home; and a reconstructed concrete walkway (See Wetlands Permitting Plan attached in Appendix D). and was not used when calculating the degraded area on the lot. 10% of the total RA is calculated at 4,304 SF. Since the proposed work will alter less than 10% of the riverfront area, the applicant does not need to meet the requirements of 310 CMR 10.58(5)(f) or (g). (f) When an applicant proposes restoration on-site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio in square feet of at least I: I of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Restoration shall include: I. removal of all debris, but retaining any trees or other mature vegetation; grading to a topography which reduces runoff and increases infiltration; coverage by topsoil at a depth consistent with natural conditions at the site; and seeding and planting with an erosion control seed mixture, followed by plantings of herbaceous and woody species appropriate to the site; The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g). Response: The project meets 310 CMR 10.58(5)(e) therefore mitigation and/or restoration is not required. The applicant does not propose restoration on-site of degraded Riverfront Area. (g) When an applicant proposes mitigation either on-site or in the riverfront area within the same general area of the river basin, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure. Alteration not conforming to the criteria shall begin at the riverfront area boundary. Mitigation may include off-site restoration of riverfront areas, conservation restrictions under M.G.L. c. 184, §§ 31 to 33 to preserve undisturbed riverfront areas that could be otherwise altered under 31 0 CMR 10.00, the purchase of development rights within the riverfront area, the restoration of bordering vegetated wetland, projects to remedy an existing adverse impact on the interests identified in M.G.L. c. 131, § 40 for which the applicant is not legally responsible, or similar activities undertaken voluntarily by the applicant which will support a determination by the issuing authority of no significant adverse impact. Preference shall be given to potential mitigation projects, if any, identified in a River Basin Plan approved by the Secretary of the Executive Office of Environmental Affairs. 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 8 Response: The project meets 310 CMR 10.58(5)(e) therefore mitigation and/or restoration is not required. Other than monitoring the area for invasive species, with invasive removal efforts being completed when necessary, and the general mitigation requirement provided in Appendix A, the applicant does not propose mitigation on-site of the degraded Riverfront Area. (h) The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further alteration within the restoration or mitigation area, except as may be required to maintain the area in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of Compliance, the applicant shall demonstrate the restoration or mitigation has been successfully completed for at least two growing seasons. Response: The applicant will abide by any continuing conditions included in the Order issued by the Commission and recorded with the Registry of Deeds. It is anticipated that the order would prohibit any further alteration of the mitigation area consistent with the provisions of 310 CMR 10.58 (5)(h). The applicant shall not request a Certificate of Compliance for a minimum of 2 growing seasons after completion of the proposed work, and shall submit satisfactory evidence to the Commission that the mitigation effort has been successful. Further clarification on how the applicant proposes to meet the required redevelopment standards is outlined below using the DEP printed checklist for guidance entitled, “9 Steps for evaluation of 10.58(5) Redevelopment Projects.” 9 Steps….. 1. Total Area of Riverfront on lot= 43,037.28 SF 2. Present footprint containing degraded areas (prior to the Act) 1,832 SF - Existing single-family home and decks foundation, trailer, stairs, concrete walkway, asphalt driveway and dock. 3. Existing area of degradation on lot in percent= 4.3% The proposed encroachment is located the same or greater distance from the river. 4. Existing dock = 0 FT Existing deck (to be removed) = 19 FT, Proposed deck = 19 FT. Location was chosen due to existing developed areas in project location. 5. Proposed footprint containing degraded areas (including existing degraded areas to remain) 3,845 SF – Proposed single-family home and decks foundation, trailer, new entry stairs and landings, vertical curb, reconstructed concrete walkway, asphalt driveway and dock. 80 Run Way | Lee, MA 01238 | (413)243-4122 | FAX (877)335-7282 | www.berkshireengineering.com Notice of Intent Narrative | Page 9 Area of existing degradation to remain= 1,266 SF (existing impervious surface area) Area of proposed degradation due to “new work” under the definition in the WPA= 2,579 SF (2,055 SF stone diaphragm area and 524 SF proposed impervious surface area). Area of proposed impervious surfaces fall within same footprint of existing impervious surfaces. Area of proposed pervious stone diaphragm falls within same footprint of existing single-family home and decks. 6. The project meets or exceeds DEP Stormwater Management Policy Requirements. Project is exempt (Single Family Home). 7. The proposed site will improve the overall capacity of the Riverfront Area through improved drainage, and continued monitoring and removal of invasive species. 8. The project does meet 310 CMR 10.58(5)(e) therefore mitigation and/or restoration is not required. Total Area of Restoration = 0 SF 9. The project does meet 310 CMR 10.58(5)(e) therefore further mitigation is not required. Total Area of Mitigation = 0 SF C. Bank 310 CMR 10.54(4)(a): ... any proposed work on a Bank shall not impair the following: the physical stability of the bank; the water carrying capacity of the existing channel within the bank; groundwater and surface water quality;4. the capacity of the bank to provide breeding habitat, escape cover and food for fisheries;5. the capacity of the bank to provide important wildlife habitat functions. (see 310 CMR 10.54(4),5. Response: No work is proposed along the Bank of the river and up gradient work areas are proposed to incorporate erosion and sedimentation controls. The closest anticipated Riverfront Area disturbance is to occur +/- 19 feet from this resource area. List of Appendices: Appendix A – General Mitigation Requirements Appendix B – Work Sequence Appendix C – Relative Site Data/Mapping (Aerial, FEMA Map, MassDEP Wetlands Map, NHESP Map, USGS Quad Map, NRCS Soils Map) Appendix D – Wetlands Permitting Plan