246-0728.pdfDATE:April 1, 2019 Municipality NORTHAMPTON
(city/town)
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant:
Address:
LOCUS:
CITY OF NORTHAMPTON-PLANNING
0 ROCKY HILL ROAD
0 ROCKY HILL ROAD
Owner:CITY OF NORTHAMPTON-PLANNING
Address:0 ROCKY HILL ROAD
NORTHAMPTON, MA, 01060
This project has been assigned the following file # :WE 246-0728
Although a file # is being issued, please note the following:
Commissioner
MARTIN SUUBERG
Secretary
MATTHEW A. BEATON
Lieutenant Governor
KARYN E. POLITO
Governor
CHARLES D. BAKER
A FILE NUMBER ONLY INDICATES THAT THE APPLICATION CONTAINS THE MINIMAL
SUBMITTAL REQUIREMENTS AND IS ADMINISTRATIVELY COMPLETE - NOT THAT THE
INFORMATION IN THE APPLICATION IS ADEQUATE FOR ISSUANCE OF AN ORDER OF
CONDITIONS.
436 DWIGHT STREET, SPRINGFIELD, MA 01103 413-784-1100
WESTERN REGIONAL OFFICE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
NORTHAMPTON, MA 01060
[1] The Commission needs to carefully review any “culvert” replacements. It must determine if these are just
hydrologic connections or if there is flow through them such that they would be considered stream crossings. It is
not known whether or not water or flow was observed when the field work was done except for photo 7, which
shows water at that culvert location but there may not have been sufficient water to observe any flow. One may
need to visit the site, all the culvert locations, to see if there are upgradient wetlands above the culvert and flow
within the pipe to see if it qualifies as a regulated stream. This may need to be done during spring melt and/or
when it is raining. The proposed larger culvert replacement shown on Sheet 13 is clearly a regulated stream
based on the contours on both sides of the trail. The culvert itself is a defined channel and there are upgradient
wetlands and a hydraulic gradient. Bank resource area alterations need to be updated in the NOI. Failure to
comply with the Stream Crossing Standards for new crossings or maximum extent practicable [310 CMR 10.53(8)]
for replacement crossings, or fully disclose resource area impacts to Waters of the United States within the
Commonwealth, will require a 401 Water Quality Certificate application.
[2] 310 CMR 10.53(6) may not apply to the entirety of the trail as the 16 foot width is considerably more than the 10
foot wide path mentioned in that section.
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868.
http://www.mass.gov/dep
Printed on Recycled Paper
CITY OF NORTHAMPTON-PLANNING
0 ROCKY HILL ROAD
NORTHAMPTON, MA 01060
[3] Is the disturbed area sufficient that a SWPPP is required? Please note that the plans state these plans are only
at the 25% design stage.
[4] The Commission may require that a replication checklist and a monitoring report be submitted per the
Massachusetts Inland Wetland Replication Guidelines (https://www.mass.gov/media/1523011) should BVW
alterations be warranted (i.e., unavoidable) and permitted.
[5] Why is 19,114 sq. ft. used as both current degraded area and new work area? It is not clear that the Riverfront
Area redevelopment standards are being complied with.
[6] For this project, what is the actual need for stormwater conveyances? Typically trails of this nature surrounded
by vegetation have no need for swales or channels. The parties might consider staying with sheet flow for the
entirety of the project.
ADDITIONAL REQUIREMENTS:
401 Water Quality Certification (314 CMR 9.00) may be required. The project qualifies for 401 Certification under
the Army Corps of Engineers' General Permit for Massachusetts (MAGP), provided that the project meets certain
conditions outlined in 314 CMR 9.03 and 9.04, and the conditions under MAGP. The MAGP and Stream Crossing
Guidelines are available on the web at
http://www.nae.usace.army.mil/Missions/Regulatory/StateGeneralPermits/MassachusettsGeneralPermit.aspx.
Select either "Massachusetts General Permit" or "Massachusetts River and Stream Crossing Standards" from the
left side menu.
If you have any questions regarding this letter, please contact: MARK STINSON @ (413)-755-2257
Cc: Northampton Conservation Commission, CITY HALL, 210 MAIN STREEET RM 11, Northampton, MA, 01060
Owner: CITY OF NORTHAMPTON-PLANNING, 0 ROCKY HILL ROAD, NORTHAMPTON, MA, 01060
Representative: HORSLEY WITTEN GROUP, 90 ROUTE 6A, SANDWICH, MA, 02563
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868.
http://www.mass.gov/dep
Printed on Recycled Paper