I-91 Wildflower Bed EstablishmentImportant:
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Massachusetts Department of Environmental Protection
Bureau_. of Resource.P_rotection Wetlands
WPA Form 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):
MassHighway Department, c/o Albert R.
Stegemann, P.E. D -2 Highway Director Name
811 North King Street
Mailing Address Mailing Address
Northampton MA 01060
City/Town State Zip Code City/Town
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Northampton: 1 -91 Wildflower Bed Establishment, sheets 2 and 3 of 11
Title
Title
Title Date
2. Date Request Filed:
9/18/2009
B. Determination
Pursuant to the authority of M.G.L. c. 131, 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Install wildflower bed in median 1 -91.
Project Location:
1 -91 in Northampton, median
Street Address
n/a n/a
Northampton
City/Town
Assessors Map /Plat Number Parcel /Lot Number
State Zip Code
Date
Date
wpaform2.doc Determination of Applicability rev. 10/6/04 Page 1 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. 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.
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.
2b. The boundaries of resource areas listed 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:
Name of Municipality
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
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:
wpaform2.doc Determination of Applicability rev. 10/6/04
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 which 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 act on 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.
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 under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
All work shall be in accordance with the cited plans on file at the Office of Planning and
Development; and in accordance with the Cons. Commission's wetlands standard conditions at
www.NorthamptonMA.gov/OPD/wetlands.
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. c. 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 Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
by hand delivery on
Date
wpaform2.doc Determination of Applicability rev. 10/6/04
by certified mail, return receipt requested on
11/ /09
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 must be sent to
the appropriate DEP Regional Office (see http: /www. mass. gov /dep /about/region.findyour.htm) and the
property owner (if different from the applicant).
Date
Page 4 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. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http: /www. mass. gov /dep /about/region.findyour.htm) to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he /she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform2.doc Determination of Applicability rev. 10/6/04 Page 5 of 5
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
THE COMMONWEALTH ___OF_.MASSACHU
EXECUTIVE OFFICE OF TRANSPORTATION
MASSACHUSETTS HIGHWAY DEPARTMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Bruce Young
Northampton Conservation Commission
City Hall- 210 Main Street
Northampton, MA 01060
Dear Mr. Young:
014\
JLG/
C TPM (w /encl.)
Derek Standish- DEP (w /encl.)
Encl.
OctobB 22, 2009;
tOF e
OCT 2 8 2009
DEPT OF PLANNING
NORTHAMPTON, MA 01060
Re: Request for Determination
of Applicability
1 -91 Wildflower Bed
Establishment
Project 604491
=trio
JAMES A. ALOISI JR.
SECRETARY
LUISA PAIEWONSKY
COMMISSIONER
As you may recall, in June of 2005 MassHighway filed a RDA and received a Negative Determination of
Applicability from the Commission for wildflower bed establishment in the median of I -91 in the City of
Northampton. At that time we had expected that a Contract would be awarded for the proposed work
soon thereafter. Unfortunately, due to unavoidable circumstances it was not possible to issue a Contract
to allow the work to be completed prior to the expiration of the Determination (attached).
We are now pleased to submit to you a new Request for Determination for the same work at the
approximate same locations. We look forward to the issuance of a new Negative Determination that can
allow work to be completed under an expected Contract.
The Massachusetts Highway Department (MassHighway) is an agency of State Government and as such
is exempt from local Conservation Commission by -laws and fees. In order for MassHighway to provide
advertising payment, the newspaper must directly bill the Massachusetts Highway Department, at the
address shown below.
Once a public hearing has been scheduled, or if you have any questions regarding this request, please
contact Timothy Meyer, District Environmental Engineer, at (413) 582 -0543.
Sincerely,
Albert R. Stegemann, P.E.
District Highway Director
811 NORTH KING STREET, NORTHAMPTON, MA 01060
TELEPHONE: (413) 582 -0599 TELEFAX: (413) 582 -0596 WWW.MHD.STATE.MA.US
Northampton: I -91
Wildflower Bed Establishment
INDEX SHEET
PROJECT FILE #604491 EWO #P604491P11
of Sheets
1. WPA Form 1 Request for Determination of Applicability 4
2. Attachment A Scope of Work 1
3. Exhibit 1 District 2- Northampton, I -91 Sketch 2
4. Exhibit 2 U.S.G.S. Locus Map 2
5. Exhibit 3 Environmental Features Map 3
6. WPA Form 2 Determination of Applicability (issued in 2005) 6
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor do not
use the return
key.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands Northampton
City/Town___
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
1.
Applicant:
Albert R. Stegemann, P.E., District 2 Highway Director
Name
MassHighway, D2- 811 North King St
Mailing Address
Northampton
City/Town
(413) 582 -0599
Phone Number
2. Representative (if any):
Massachusetts Highway Department, District 2
Firm
Timothy Meyer, District Environmental Engineer
Contact Name
811 North King Street
Mailing Address
Northampton
City/Town
(413) 582 -0543
Phone Number
N/A
E -Mail Address
MA
State
(413) 582 -0596
Fax Number (if applicable)
MA
State
(413) 582 -0596
Fax Number (if applicable)
01060
Zip Code
Timothy.Meyer@mhd.state.ma.us
E -Mail Address
01060
Zip Code
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:
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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands Northampton
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):
1 -91 Median- 2 Locations
Street Address
N/A
Assessors Map /Plat Number
b. Area Description (use additional paper, if necessary):
Interstate 91 median, Northampton, 2 Locations:
1. approximate MM 24.4 to MM 24.6
2. approximate MM 25.2 to MM 25:4
c. Plan and /or Map Reference(s):
District 2- Northampton, 1 -91 (2 Sheets)
Title
U.S.G.S. Locus Map (2 Sheets)
Title
Environmental Features Map (3 Sheets)
Title
Northampton
City/Town
N/A
Parcel /Lot Number
Undated
Date
10 -13 -2009
Date
10 -13 -2009
Date
2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary):
Please see Attachment A for Scope of Work.
wpaforml .doc Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands Northampton
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).
310 CMR 10.58(6)(a) Riverfront Area: Any excavation, structure, road, clearing, driveway,
landscaping, utility line...owned by a political subdivision...within the riverfront areas in existence on
August 7, 1996. Maintenance of such structures or areas is allowed (including any activity which
maintains a structure, roads (limited to repairs, resurfacing, replacing but not enlargement) clearing,
landscaping, etc. in its existing condition) without the filing of a Notice of Intent for work within the
riverfront area, but not when such work is within other resource areas of their buffer zones.... It is
expected that work will not remove fill, dredge, or alter any resource area.
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.)
wpaforml.doc Page 3 of 4
wpaforml .doc
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands Northampton
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:
Commonwealth of Massachusetts, Massachusetts Highway Department, District #2 Office
Name
811 North King Street
Mailing Address
Northampton
City/Town
MA 01060
State
Signatures:
Signature of Applicant
Zip Code
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.
Date
Signatur of Repr entative (if an) Date
ddd
Page 4 of 4
MassHighway is initiating a pilot program in order to establish wildflower beds along
state highways. The median of Interstate 91 has been identified as the initial test highway
for the program.
Our highways provide access to the splendors of nature as well as offer opportunities for
natural beauty within their right -of -way. Wildflowers and other native plants provide
visual character that enhances the natural scenic beauty of out nation's landscape.
Wildflowers are being grown and protected on highway roadsides under other program
initiatives instituted by States.
Twelve locations of beds have been proposed in six municipalities between Holyoke and
Bemardston. In order to gain the most knowledge and insight from this pilot program,
each of these locations will vary by time of planting and seed variety. All herbicide use
will be restricted to those chemicals approved under MassHighway's Yearly Operational
Plan/Vegetation Management Plan, and in accordance with the Right -of -Way
Management Regulations (333 CMR 11.00).
Establishing wildflower beds is consistent with numerous state and federal initiatives,
including MassHighway's Landscape Restoration Policy and the FHWA Roadside Use of
Native Plants Program. In addition to the visual beauty wildflowers will offer to roadway
travelers, this pilot program will aid in determining whether cost savings are realized due
to reduced mowing.
Scope of Work
RTE 9 .BRIDGE STREE
460%
a 2
4P 0
ABANDONED R.R.
4-4- tr -4 t-`! i
OLD FERRY ROAD
1
ALL FLOWER BEDS SHALL BE LOCATED AT
LEAST 20 FT. OFF THE EDGE OF PAVEMENT
DISTRICT 2
INTERSTATE 91
1-I Ba# 9Rl 23S -63
0
d4
��OLGE z Rm'
SEED MIX: ANNUAL MIX A
SEED MIX: NATIVE MIX A
s
02,44
WILDFLOWER BED LOCATIONS #2
25.0
24.9
24.8
24.7
BED LO 'A #2
SITE PEBAIJQN• NON— HERBICIDAL 24.6
EXIT 19
24.5
24.4
24.3
24.2
=WE
SHEET 2 OF 11
ALL FLOWER BEDS SHALL BE LOCATED AT
LEAST 20 FT. OFF THE EDGE OF PAVEMENT
BED
SITE
DISTRICT 2
INTERSTATE 91
SEED MIX: ANNUAL MIX B
SEED MIX: NATIVE MIX B
BOX
26.1
26.0
25.9
25.8
25.6
25.5
LOCATION #3
PREPERATION: NON-HERBICIDAL 25.4
25.3
CALL BOX
WILDFLOWER BED LOCATIONS #3
25.2
SHEET 3 OF 11
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 2 Determination of Applicability
Massachusetts Wetlands Protection Act Kai_ c, 131, §40
A. General Information
Important:
'd"lh rr ilitinu out F
forms on the
compkiter, use
only the tab
key to move
your cursor
do riot use the Athert R.' Ste
return key.
rn:
Northam ton
oanservation Comrission
way Department, sot =2 iCe
King Street,
Northampton
t
C,r+ a hwn
Title
Date .(or Revised Date'd appii bte
1.91 District 2 of vier B ds;Sh ets: =4 -5.
l- c pro posed i tildflower Beef Establienrn ent P 'act 614491 Areas
"Aft
Title
2. Date Request Filed:
0/2005
f s
ant to tie ;atlil'i
Retest for C?ata
Veil Mims
Pro' ombonz
Northampton M(u 21.8 -i M2 M2 Northampton
MM24A— MM24_J MM25.4 r t v City roym
USOS Locus Map
Assessors Map ?Plat Number M1
moments:
do cateraiatio and made
Project Description (it appliot;bie)
Bstab I ish ment of wildflower beds aronco.the stag highway
06/30/2005
Date
0/2005
Date
To: Applicant
P.E. Digit 2 Dir tot
Massachusetts Department of Enviranmental- Protection
Bureau of Resource Protection -Wads
VVPA Form 2 —Determination of Applicability
Massachusetts Wetiaads Protection Act M.G ..L_. c. 131_, §40
B. Determination (cant)
The following Determination(s)'is/are app[tcable to the proposed site anchor project relative to the 'wetlands
Protection Act and regulations:
Positive Determination
Note. No work wihin tthe jusisclicSon e th tetlarids Protection Act may proceed unti a final Order c of
Conditions (issued forming .submittal cf a Notice cf Intent or AbbreviatedNotice of intent) 'or -Order of
Resource Area Delineation .4suedfofoow submittal d Sirrnptifed Review ANRAD) has r
from ring authority Q. Commission n or the partm rortrien rote s
o The a 'Jason o i lie r plats( is aflame subject to protectnn under thQ
Removincg,. filling, dredging, or altering, of the area requires te filing of a Ncoti of tntera.
0 2a. The boundary delineations of the following resource areas described en the referenced plan(
confirrneti as accurate. Therefore, the resource area boundaries confirmed in this Determination, are
binding as to all decisions rendered pursuant to the Wetlands Protection pct and its regulations regerOing
such boundaries for as long as this Determination is valid:.
l�w
3. The WOlic described. on re e —ric plan( s} and dacurr ent('S) is within a! x area subjed to
protection under the Act and MI remove, fill;, dredge, Or after that Thsreira_ said Work
requires the filing of a Notice of Intent
0 4. The work described on referenced pian(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 Suffer Zone
rx a laurthdpetty
Pursue the folio
2b. The boundaries of resource e areas lisp t eta `are n a4 CCanfirrr l b r tl is Determinations,
regardless of whether such boundaries are ccnta irsed on the p atxs attached to this 3 eterrrsination o
to the Request for Determination.
5_ The area andior work described on referenced plan(a) and document($) is subjectt to red
and approval bar
"cal
name e cr bylaw:
8 r 5v IM