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22B-043 296 Nonotuck-Nonotuck Mill determination of applicability 5-1-2009Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. tab Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands W P A F orm 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G:L. c. 131, §40 A. General Information From: Northampton Conservation Commission To: Applicant Property Owner (if different from applicant): Matthew McDonough Nonotuck Mill, LLC Name 296 Nonotuck Street Mailing Address Northampton MA 01062 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: ALTA/ACSM Land Title Survey Nonotuck and Blilss Street Title Title Date Title Date 2. D6te Request Filed: April 6, 2009 B. Determination Pursuant to the authority of M.G.L. c. 131, 40, the Conservation Commission considered your Request for Determination of Applicability,' with supporting documentation, and made the following Determination. Project Description (if applicable): Installation of bore holes for geothermal heating system and installation of soil borings and monitoring wells. Name Mailing Address Project Location: 296 Nonotuck Street Northampton Street Address City/Town )0 22B 043 Assessors Map/Plat Number Parcel/Lot Number 03/27/2008 Date wpaform2.doc Determination of Applicability rev. 10/6/04 Page 1 of 5 LI Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is /are applicable to the proposed site and /or project relative to the Wetlands Protection Act and regulations: Positive Determination 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. 111 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. Name of Municipality 2b. The boundaries of resource areas below`.are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under.the,Act.,Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). 5. The area and /or work described on referenced plan(s) and document(s) is subject to review and approval by: Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc Determination of Applicability rev. 10/6/04 Page 2 of 5 LI wpaform2.doc Determination of Applicability rev. 10 /6/04 Massachusetts Department of Environmental Protection 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 and /or 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:whiich.,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 ect 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. 1 ::1 ��tlit:. 3. The work described in the Request is within'the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection,underthe Act. Therefore, said work does not require the filing of a Notice of Intent, subjectto the following conditions (if any). 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. Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. o. 131, §40 B. Determination (cont.) 5. The area described in the Request is subject to protection under the Act. 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 C. Authorization (Q This Determination is issued to the applicant and delivered as follows: by hand delivery on 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 be sent to the appropriate DEP Regional Office (see http: /www.mass.Qov /dep /about /recion.findvour.htm) and the property owner (if different from the applicant). wpafo�m2.d "oc Determiriation 'Applicability rev. /6/04 kt ztL- Da- Date Or n anCe or Bylaw Or nance or Bylaw Citation L by certified mail, return receipt requested on P-age,4.of.5 Massachusetts partrnent of Environmental Prot~ion Bureau of Resource Protection -Wetlands City/Town _. V11PA FOt"m 1-Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ~~b retwn A. General Information 1. Applicant: Nonotuck Mill, LLC -Matthew McDonough (signatory) Name 296 Nonotuck Street Mailing Address Northampton City/Town 413-537-9109 Phone Number 2. Representative (if any): ECS Firm Richard Starodoj Contact Name r,RR Silvar Street Mailing Address Agawam CitylTown 413-789-3530 ext 325 Phone Number E-Mail Address MA 01060 State Zip Code Fax Number (if applicable) rstarodoiCa~ecsconsult.com E-Mail Address MA 01001 State Zip Code 413-789-2776 Fax Number (if applicable) B. Determinations 1. I 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: Northam ton Name of Municipality ^ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Page 1 of 4 wpaforml.doc /~ Massachusetts~'luepartment of Environmental Prot ion Bureau of Resource Protection -Wetlands c~tyiTowf, 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). 10.02(1)(g) The applicant maintains that the intallation of these wells is similar to the installation of monitroing wells in that there is not substantial area of disturbance and the disturbance is temporary in nature. Trenching will also be substantially limited in duration and disturb only the width of the trench while the piping is emplaced 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riven`ront 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 tb 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 fora 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 (~ ~ \) 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): 296 Nonotuck Street Northampton Street Address City/Town 22b 043 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use, additional paper, if necessary): Paved and ravel arkin lot areas c. Plan and/or Map Reference(s): Plan of Land in (Florence) Nothampton MA -Reg of deeds PB218 Pg 15 Title ~ Site Plan with Proposed Work Areas Title 4/3/08 Date 4/3/09 Date Date Title 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Installation of wells to be utilized for geothermal heating and cooling. Trenching in parking lot and road way areas to connect wells to building. All work to take place to the building side of the existing chainlink fence which runs along edge of lot area and river at the top of the retaining wall. All disturbed surfaces to be restored to preconstruction condition. Normal ongoing maintenance of lot areas after installation. r wpaform1.doc Page 2 of 4 1 Massachusetts(~epartment of Environmental Protrion Bureau of Resource Protection -Wetlands aty/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: Nonotuck Mill, LLC attn~ Matthew J McDonough Name 296 Nonotuck Street Mailing Address Northampton City/Town ' MA 01060 State Zip Code Signatures: I also u erstan t at n tification of this Request will be placed in a local newspaper at my expense in acco ; ance w t e i n 10.05(3)(b)(1) of the Wetlands Protection Act reg lations. ~ v~~~ Signature of Ap icant Date ..v. ~ 7 ". •~ ~ / ' nature of Rep ent ive (if any Dat wpaforml.doc it I Page 4 of 4 588 Silver Street, Agawam, MA 01001 tel 413.789.3530 fax 413.789.2776 www.ecsconsult.com Conservation Commission City of Northampton 210 Main Street Room 11 Northampton, MA 01060 Attn: Mr. Bruce Young RE: Proposed Well Installation and Trenching 296 Nonotuck Street Northampton. Massachusetts Dear Mr. Young, Apri16, 2009 Project No: 205442 Document No: 37399 On behalf of Nonotuck Mill, LLC, Environmental Compliance Services, Inc. (ECS) is submitting this request for determination of applicability (RDA) in relation to two projects scheduled to be completed at the Site during April and May of 2009. The first project is the installation of bore holes to be utilized with a closed loop and direct exchange (DX) geothermal heating system being installed to service a portion of the building. The boreholes will be located within the building and in the western parking lot of the property as noted on the attached plan. The proposed boreholes shown on the plan are estimated locations which may require adjustment due to unforeseen utility. conflicts. The boreholes will be installed utilizing a water well type drilling rig. Tubing will be emplaced into these wells and the boreholes grouted to attain thermal conductivity with the surrounding strata. There will be no withdrawl or injection of fluids at these locations. A separate application has been submitted to .the Massachusetts Department of Environmental Protection (MassDEP), Underground Injection Control (UIC) program to address permitting relative to their jurisdictional requirements. Shallow trenches will be excavated, tubing emplaced, the trenches backfilled and surfaces restored to connect the closed loop tubing from the wells to the geothermal heating units. The second project involves the installation of an indeterminate number of soil borings and monitoring wells in the south central and eastern portion of the property. These wells and borings are being installed to continue the delineation and remediation of existing environmental conditions associated with a historical release of petroleum to the subsurface. The petroleum release is being addressed under MassDEP release tracking number (RTN) 1-17208. All work will be accomplished within existing paved and/or gravel access ways with minimal disturbance. The work area is defined to~the south by a chain link fence, and site building(s) to the north. The work will be transitory in nature. Excess materials generated as a result of the work will be removed and disposed of in an appropriate manner. Appropriate erosion control barriers and/or sedimentation control measures will be implemented prior to the start of work. Due to the nature and location of the work it is not anticipated that erosion or sedimentation will be an issue. Per section 5 of the Northampton Wetland Application, ECS is requesting a waiver from the requirements of this section due to the limited nature and scope of the project and the highly industrialized and developed nature of the entire Site. Additionally the work will be .accomplished in existing driveway and / ` _ Northampton Conservation Commission Nonotuck Mill, LLC 296 Nonotuck Street Proposed Well Installation and Trenching Apri16, 2009 Project No: 205442 Document No: 37399 Page 2 of 2 parking areas. Site plans showing the delineation of the Mill River bank area and/or any edge of bordering vegetated wetlands (BVW) that maybe present in the area outside the fence enclosure have not been provided given that the work proposed will not affect these wetlands resources. Typical erosion control barriers (i.e. silt socks and/or filter fence and hay bails) shall be established at each work area based on the final location determined at the time of work. ECS requests a waiver from the requirements of Section 6 of the application except with regards to the limit of work line for the same reasons as stated above which is indicated on the ECS plan titled "Site Plan with Proposed Work Areas" dated April 3, 2009. ECS believes that the activities associated with the monitoring well and test borings being conducted for both of the projects described above are exempt from regulation under Massachusetts General Law (MGL) chapter 131, section 40 based on 310 Code of Massachusetts Regulation (CMR) 10.02 (2) b (1) (g), particularly given that access into protected resources, other than the 100-foot wetlands buffer zone, and 200-foot river front protection zone shall not occur. In view of the limited scope of work to be preformed as described above, ECS respectfully requests that the Northampton Conservation Commission find that a negative determination is appropriate for the proposed work and a Notice of Intent not be required to be filed for these projects. Should you have any please contact me at your earliest convenience. I may be contacted at the address above, or at 413-789-3530 ext 325 (office), 413-374-3521 (cell), or by email at rstarodoi Ca~,ecsconsult.com. Sincerely, SERVICES, INC. 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