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Broad Brook Gap Habitat Preservation - Northampton REVISED    North American Wetlands Conservation Act Small Grants Program Project Title: Broad Brook Habitat Preservation, Northampton NAWCA Funding Requested: $75,000 Project Location: Northampton, MA, Hampshire County Coordinates: 42° 21’ 49” N, 72° 39’ 2” W Zone 18, Easting: 693468, Northing: 4692822 Congressional District: Second Massachusetts District Type of Site: Coastal No NAWCA funds requested to be spent by a Federal agency No carbon sequestiration credits involved No portion used to satisfy any wetland or habitat mitigation requirements No additional proposals planned for this project area at this time Applicant: City of Northampton (DUNS: 079217444) c/o Office of Planning and Development 210 Main Street, Room 11 Northampton, MA 01060 Project Officer: Wayne Feiden, FAICP, Director of Planning and Development Phone: 413-587-1265 Fax: 413-587-1264 Email: wfeiden@northamptonma.gov Date Submitted: October 25, 2012 All partners, personnel and contractors are eligible to participate in federal grants. The Project Officer certifies: I have read the FY2013 Small Grant Instructions, eligibility information, and applicable U.S. Grant Administration policies http://www.fws.gov/birdhabitat/Grants/files/USGrantStandards.pdf), and have encouraged partners to read as well. To the best of my knowledge, the proposal is eligible and complies with all NAWCA, North American Wetlands Conservation Council, and federal guidelines. The work in this proposal consists of work and costs associated with long-term wetlands and migratory bird habitat conservation.     General Project InfoTitleBroad Brook Gap Habitat PreservationState(s) MassachusettsCounty (list all) Hampshire CountyCity (nearest to project site) NorthamptonCongressional District(s) SecondLocation CoordinatesUTM zone 18T UTM Easting 693468mE UTM Northing 4692822mNLatitude, degrees N42 Lat., minutes 21 Lat., seconds 49Longitude, degrees W72 Long., minutes 39 Long., seconds 2Joint Venture ATLANTIC COASTBird Cons. Region BCR 30 New England/Mid-Atlantic CoastCoastal or Non-Coastal CoastalGrant Request Amount$75,000Matching Partner Names Total Match Contribution Cash AmountIn-Kind AmountPartner TypeNorthampton Conservation Commission$290,000.00 $290,000.00 Local GovernmentNorthampton Office of Planning and Development$183,128.00 $183,128.00 Local GovernmentN MthP t NT t l N M t h C t ib tiChA tIKidA tPt TC t ib ti TNon-Match Partner Names Total NonMatch Contribution Cash AmountIn-Kind AmountPartner TypeContribution TypeTotal Project Funding$548,128.00 xxxxx xxxxx xxxxx xxxxxProject ActivitiesCostAdditive AcresNon-Additive AcresDuration Funding Source TypeFee Acquired $499,128.00 80 Perpetuity Grant/MatchOther Acquisition Costs $49,000.00 26-99 years Grant/MatchActivities Totals$548,128.00 80 0 xxxxx xxxxx Project Description Project Need The proposed project is the acquisition of approximately 80 acres abutting Northampton’s largest conservation area, the Broad Brook-Fitzgerald Lake Greenway. Acquisition of the ‘Broad Brook Gap’ parcel will fill the most significant unprotected gap in the Broad Brook watershed, increasing the total contiguous protected area to more than 950 acres of wooded wetlands, meadows, and mixed forest upland. This land includes the 40-acre lake and a rich wetlands and stream complex of over 100 acres immediately down-gradient of the Lake. This project will both add to Northampton’s largest conservation area, with additional connections to open space in neighboring Hatfield, and protect wetlands in an important watershed. The parcel was on the market when the City made an offer and it will be built upon if not protected. Its location, secluded and wooded, seemingly miles from anywhere, but really just minutes from Interstate 91 and downtown Northampton, will create an ideal project for the right developer. Unfortunately, many of the same qualities that make the land a conservation priority and valuable piece of habitat, also make it attractive for new residential development. Realistic development scenarios prepared by a local design firm show that the parcel could be developed into as many as sixteen single-family home lots. While this level of development may not be likely under the current economic climate, what is a very likely scenario is development of four single family homes on the gentle peaks in the center of the parcel. The City is supportive of good development, but in this area even one or two homes would fragment the forest, diminish habitat value, and eliminate the possibility of recreation and public access. This acquisition is far from a stand-alone purchase, its protection will be done in accordance with long-term plans for Northampton and the region, is part of a larger landscape conservation initiative, and will help further goals and objectives identified in statewide conservation and habitat management reports. To illustrate support for this proposal, we have several letters on file with support from nonprofits, individuals, and state agencies. Project Purpose, Goals, and Objectives The purpose of this acquisition is to forever protect 80 acres from development, and preserve it as habitat for wildlife, including nesting and migratory birds. The ‘Broad Brook Gap’ parcel, so named because it is the most significant unprotected gap in the Broad Brook watershed, includes 1/3 of a mile of river frontage along Broad Brook, 1 acre of the brook itself, 11 acres of black ash swamp forest (classified as a rare community in Massachusetts), 4 acres of marsh, 2 acres of perennial streams and wet meadows, and approximately 62 acres of associated upland forest, according to a detailed ecological assessment. The City of Northampton has prioritized protection of this parcel in its Open Space Plan, specifically calling out the need to fill uprotected gaps in ‘one of the most diverse and richest ecological resources in Northampton.’ The project is consistent with the NAWCA mission to ‘promote the long-term conservation of North American wetland ecosystems and the waterfowl and migratory birds, fish and wildlife that depend upon such habitats.’ The parcel includes priority habitat of rare species and estimated habitat of rare wildlife as designated by the Massachusetts Natural Heritage and Endangered Species Program (NHESP). These include reptiles of special concern, the Wood and Eastern Box turtles, as well as the endangered Bush’s Sedge plant. The parcel also includes areas designated by the NHESP, Department of Fish and Game, and the Nature Conservancy as ‘Core Habitat’ critical for the long-term persistence of rare species and natural communities. These Critical Habitat areas are used as the baseline for the State Wildlife Action Plan, which serves as the State’s blueprint for selecting important natural landscape areas. The parcel also contains ‘Critical Natural Landscapes’ that that provide habitat for wide- ranging native species, support intact ecological processes, maintain connectivity among habitats, and enhance ecological resilience. Broad Brook, the parcel’s western boundary as it flows from Fitzgerald Lake into The Mill River. The Mill River is designated as a coldwater fisheries resource, an increasingly rare and important habitat type in Massachusetts. The Mill River is also assessed by the Department of Environmental Protection as a waterbody that supports aquatic life, recreation, and aesthetics; the highest surface water quality level attainable in Massachusetts. Also present on the parcel are forests designated as ‘high ecological integrity’ by the University of Massachusetts, capable of sustaining biodiversity over the long term, and a high priority for conservation. Renowned local naturalist Laurie Sanders conducted an ecological assessment of the property that revealed additional details about the value of the parcel to bird habitat: “The property’s marshy wetlands create an important habitat for migrating and nesting waterfowl. Wood ducks, mallards, kingfishers, tree swallows, bluebirds, song sparrow, Canada geese, and swamp sparrow were all observed during an April 2012 site visit and likely nest in and around the marsh. A small, great blue heron rookery (4 active nests) was also seen in mid-April and it is possible that American bittern, a state-listed species, would also use the marsh as a breeding ground. Work to be done, ownership and management The property will be purchased by the City of Northampton, in the care and custody of its Conservation Commission. The property will not be converted to residential development, but instead, its river corridor and wetlands will be permanently protected, and will continue to provide habitat for the birds and other species for which it is critical. Once acquired, the Commission will work with the Broad Brook Coalition (BBC) on day-to-day management. BBC is a nonprofit that has worked with the City on land preservation efforts within the Broad Brook Greenway for more than twenty years. The property is not within the boundary of a National Wildlife Refuge, and there are no known rights currently held by the property owners. Project Timetable: Prior to the grant proposal, the Office of Planning and Development has begun due diligence, including conducting a detailed ecological inventory and environmental assessment, but these activities are not proposed as a match. Match and Project Activities during Project and Pre- Agreement Period will include a survey, purchase of the property and acquisition of title insurance, and placement of a permanent conservation restriction held by a regional land trust. Acquisition is expected to be complete by late spring, 2013. Partners Northampton Office of Planning and Development Northampton Conservation Commission 210 Main Street, Room 11 210 Main Street, Room 11 Northampton, MA 01060 Northampton, MA 01060 Cash Match: $183,128 Cash Match: $290,000 Project Budget ‐ Broad Brook Gap Habitat Preservation, NorthamptonCategoryNAWCA Grant FundsNorthampton Office of Planning and DevelopmentNorthampton Conservation CommissionExpense per categoryFee Acquired (80 acres)$75,000 $134,128 $290,000 $499,128Other Acquisition Costs $49,000 $49,000(title ins, survey,legal costs, permanent stewardship etc)Total$75,000 $183,128 $290,000 $548,128 236226 216 246 236 226 216 236 Broad Brook-Fitzgerald Lake Greenway 08 -06783+/- acres 08 -0560.59 acres 294 3 132 2 Northampton E05001,000250 Feet Legend NHESP Priority Habitats of Rare Species NHESP Estimated Habitats of Rare Wildlife BioMap2 Core Habitat BioMap2 Critical Natural Landscape wetland NHESP Priority Habitats of Rare Species (2008)NHESP Estimated Habitats of Rare Wildlife For use with the MA Wetlands Protection Act Regulations (310 CMR 10NHESP/TNC BioMap2 (2010)Northampton wetlands Broad Brook Gap, Northampton Photographs  All photos taken by Laurie Sanders      Heron Rookery at Broad Brook   Broad Brook at Project Area  Stream flowing through  swamp forest   Marshy wetlands creating  habitat for migrating and  nesting waterfowl   Evaluation Questions Partnerships Does the project involve a new partner or partnership concept? The Broad Brook Gap Habitat Preservation project is being proposed by the City of Northampton, in partnership with the Northampton Conservation Commission and Office of Planning and Development (OPD). It will advance the goals of local, regional, and statewide conservation plans, which were developed in partnership between many different groups and agencies. The project will also allow the City to continue a successful cooperation with the Broad Brook Coalition, a nonprofit comprised of very dedicated volunteers that are largely responsible for day-to-day stewardship of City-owned lands within the watershed. Is the project proposed by a new applicant? The City previously received an NAWCA grant which allowed for successful protection of important habitat at the Beaver Brook and Broad Brook Watersheds in 2009. How does this project encourage additional support for migratory bird and wetlands conservation? The project area is centrally located within a larger wetland and greenway corridor comprising nearly 1000 acres. Protection of this area has occurred over many years, with many public efforts incentivizing and inspiring private landowners to protect additional wetland parcels. Protection of this key parcel will bolster local and regional efforts to preserve important wetlands and forested habitat and preserve water quality, and will provide willing landowners opportunities to create additional connections. Who are the partners and how are they contributing? The Conservation Commission, which will take ownership of the property to ensure its permanent protection, has applied for and received a $290,000 grant for acquisition costs. These funds are in-hand. The City’s OPD is a project partner and enthusiastically supports the project, which was specifically identified as a priority in the City’s Open Space Plan. OPD commits $183,128 as a cash match towards acquisition costs. Several state and private grants have been applied for, with notifications pending. If these grants are not received, gap funds necessary to complete the acquisition will be provided through private donations. A fundraising campaign has already begun, and OPD is confident that public support for protection of this area and popularity of the Broad Brook Greenway will translate to financial contributions, if this is needed. OPD has conducted several large fundraising efforts in the past surrounding land protection efforts, and all were successful. The Planning Department also will provide the staff time necessary to put together and close on the project. Waterfowl Protection of the Broad Brook Gap parcel, which is located within a larger wetland complex and is also very close to the Connecticut River will preserve breeding and migratory habitat for the American Black Duck, Ring-necked duck, Mallard, and Wood Duck, all species that have been recently verified within the area of the project. Nongame and Other Migratory Birds Species that would benefit the most from protection at the Broad Brook Gap are: the short-eared owl, which could seek prey in the parcel’s fields, the secretive long-eared owl, which is rarely seen due to its nature but resides in forested areas, the American Woodcock, which thrives in successional forested areas, the Veery, which breeds in forests across Massachusetts, the Louisiana Waterthrush, which inhabits the mature forests along steeply sloped ravines near streams and densely wooded swamps; and the Canada Warbler, which thrives in forested wetland and mixed forests. Additionally, Bald Eagle, Red-Headed Woodpecker, and Least Bittern have all been verified within proximity to the project area. Endangered Species The project area includes Priority Habitat for Rare Species and Priority Habitat for Rare Wildlife under the Massachusetts Endangered Species Act. This is confirmed habitat for wood turtle, eastern box turtle, and the Bush’s Sedge plant. Wetlands Types According to federal NWI mapping, the project area includes 2.4 acres if freshwater emergent wetlands, and 9.3 acres if freshwater forested/shrub wetland, accounting for 14 percent of the total project area. The habitat evaluation discussed in the project description also provides a more detailed estimate of wetland types and quantities. An additional 16 acres of the project area is also classified as a Critical Natural Landscape by the Masssachusetts Division of Fisheries and Wildlife. The protection of the wetland areas and the adjacent upland areas is critical for maintaining diverse species populations and contiguous wildlife habitat areas. While this project is not comprised of a majority of wetland areas, it does include a great deal of upland, transitional buffer area to wetlands and streams, which is also critical to the success and health of wetlands. NHESP notes that “conservation of wetland buffers will support the habitats and functionality of each wetland, and also include adjacent uplands that are important for many species that move between habitat types. Special Considerations The City of Northampton has diverse natural habitat areas that support a variety of plants and animal species. The area consists of a mix of dense urban centers surrounded by rural landscapes of agricultural fields and wet meadows interspersed in mixed deciduous forests. The landscapes of the Broad Brook Greenway have played a critical role supporting healthy wildlife populations and defining the rural character of the City of Northampton. These areas have proved to be a central supporting element in tying generations of residents to the natural landscapes of the Pioneer Valley. Unfortunately, rapid suburban developments, escalating land values and limited municipal resources have recently contributed to the loss or degradation of numerous potential open space areas in the City. As development is extending across key habitat areas, through wildlife corridors and up the hillsides, essential habitat areas are being fragmented. The fragmentation from this recent development is degrading the range and productivity of diverse populations of native species and is destroying a naturalistic, functioning, and self-regulating system. We are at an important crossroads in western Massachusetts, one road leads to irreversible sprawl; the other road will perpetuate our rich mosaic of forested and agricultural lands, healthy streams and ponds, biodiversity, and scenic and historic properties. Development poses an immediate threat to existing habitat are, and providing permanent protection for these areas at this critical juncture will resolve some of the tension between the wildlife populations and encroaching suburban development. Climate Change If not protected, this area is highly likely to be developed as suburban sprawl. Located on the western edge of Northampton several miles from downtown, the area is not walkable to any amenities, is fringed by roads that are not safe for bicycling, and is not served by public transportation. All trips from new development will be made by personal automobile. In preserving this area as permanent open space and habitat, the City is also working to steer development close to downtown, and other developed areas, a more sustainable development pattern that reduces vehicle trips and can help to address climate change.         Division of Bird Habitat Conservation  US Fish and Wildlife Service  4401 North Fairfax Drive, MBSP‐4075  Arlington, VA 22203  Attn: Small Grants Program    October 23, 2012    RE: Broad Brook Gap Habitat Preservation Partner Contribution Statement    Dear Rodecia McKnight and Lacy Allison:      The Northampton Office of Planning and Development (OPD) provides a commitment to a $183,128  cash match of non‐federal origin for the City's Small Grants Program project.   OPD has applied for  several grants from private trusts and state agencies to cover this amount.  Notification of these awards  is pending.  In conjunction with a regional land trust and local coalition, OPD has also begun a  fundraising effort, and the committed amount will be able to be provided by Spring, 2013.  The proposal  accurately describes OPD’s contribution.    The project will add 80 acres of riverine corridor, wetland, forest, and bird habitat to one of the largest  contiguous tracts of protected forestland in the region, and is one of the City's priority land protection  efforts.      Thank you for your consideration,            Wayne Feiden, FAICP  Director of Planning and Development      Division of Bird Habitat Conservation US Fish and Wildlife Service 4401 North Fairfax Drive, MBSP-4075 Arlington, VA 22203 Attn: Small Grants Program October 24, 2012 RE: Broad Brook Gap Habitat Preservation Partner Contribution Statement Dear Rodecia McKnight and Lacy Allison: The Northampton Conservation Commission commits a $290,000 cash match to the Broad Brook Gap Habitat Preservation project. The Commission applied for and received a local Community Preservation Act grant for the project. These funds are a combination of municipal tax revenue and state matching funds, and are non-federal in origin. These funds are in-hand, and are available for the fee-acquisition of the property. The proposal accurately describes the Commission’s commitment This is an important project that will permanently protect 80 acres of wetlands, river corridor, and associated upland forest, adding to an existing greenway. The parcel’s variety of habitats provide a home to woodland birds, and a stopping place for migrating species. The Commission owns and manages more than 1,000 acres of land throughout the City, and will take title to the Broad Brook Gap parcel upon successful completion of the project. A grant agreement or other recordable document can be applied. Thank you for your consideration of this important project. Sarah I. LaValley Conservation, Preservation and Land Use Planner Agent to the Conservation Commission 1 * Application Filing Name: Grant Application Package CFDA Number: Opportunity Title: Offering Agency: Agency Contact: Opportunity Open Date: Opportunity Close Date: Mandatory Documents Move Form to Complete Move Form to Delete Mandatory Documents for Submission Optional Documents Move Form to Submission List Move Form to Delete Optional Documents for Submission Instructions CFDA Description: Opportunity Number: Competition ID: This electronic grants application is intended to be used to apply for the specific Federal funding opportunity referenced here. If the Federal funding opportunity listed is not the opportunity for which you want to apply, close this application package by clicking on the "Cancel" button at the top of this screen. You will then need to locate the correct Federal funding opportunity, download its application and then apply. Enter a name for the application in the Application Filing Name field. - This application can be completed in its entirety offline; however, you will need to login to the Grants.gov website during the submission process. - You can save your application at any time by clicking the "Save" button at the top of your screen. - The "Save & Submit" button will not be functional until all required data fields in the application are completed and you clicked on the "Check Package for Errors" button and confirmed all data required data fields are completed. Open and complete all of the documents listed in the "Mandatory Documents" box. Complete the SF-424 form first. - It is recommended that the SF-424 form be the first form completed for the application package. Data entered on the SF-424 will populate data fields in other mandatory and optional forms and the user cannot enter data in these fields. - The forms listed in the "Mandatory Documents" box and "Optional Documents" may be predefined forms, such as SF-424, forms where a document needs to be attached, such as the Project Narrative or a combination of both. "Mandatory Documents" are required for this application. "Optional Documents" can be used to provide additional support for this application or may be required for specific types of grant activity. Reference the application package instructions for more information regarding "Optional Documents". - To open and complete a form, simply click on the form's name to select the item and then click on the => button. This will move the document to the appropriate "Documents for Submission" box and the form will be automatically added to your application package. To view the form, scroll down the screen or select the form name and click on the "Open Form" button to begin completing the required data fields. To remove a form/document from the "Documents for Submission" box, click the document name to select it, and then click the <= button. This will return the form/document to the "Mandatory Documents" or "Optional Documents" box. - All documents listed in the "Mandatory Documents" box must be moved to the "Mandatory Documents for Submission" box. When you open a required form, the fields which must be completed are highlighted in yellow with a red border. Optional fields and completed fields are displayed in white. If you enter invalid or incomplete information in a field, you will receive an error message. Click the "Save & Submit" button to submit your application to Grants.gov. - Once you have properly completed all required documents and attached any required or optional documentation, save the completed application by clicking on the "Save" button. - Click on the "Check Package for Errors" button to ensure that you have completed all required data fields. Correct any errors or if none are found, save the application package. - The "Save & Submit" button will become active; click on the "Save & Submit" button to begin the application submission process. - You will be taken to the applicant login page to enter your Grants.gov username and password. Follow all onscreen instructions for submission. 2 3 OMB Number: 4040-0004 Expiration Date: 03/31/2012 * 1. Type of Submission:* 2. Type of Application: * 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier:5b. Federal Award Identifier: 6. Date Received by State:7. State Application Identifier: * a. Legal Name: * b. Employer/Taxpayer Identification Number (EIN/TIN):* c. Organizational DUNS: * Street1: Street2: * City: County/Parish: * State: Province: * Country: * Zip / Postal Code: Department Name:Division Name: Prefix:* First Name: Middle Name: * Last Name: Suffix: Title: Organizational Affiliation: * Telephone Number:Fax Number: * Email: * If Revision, select appropriate letter(s): * Other (Specify): State Use Only: 8. APPLICANT INFORMATION: d. Address: e. Organizational Unit: f. Name and contact information of person to be contacted on matters involving this application: Application for Federal Assistance SF-424 Preapplication Application Changed/Corrected Application New Continuation Revision * 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA Title: * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 * a. Federal * b. Applicant * c. State * d. Local * e. Other * f. Program Income * g. TOTAL . Prefix:* First Name: Middle Name: * Last Name: Suffix: * Title: * Telephone Number: * Email: Fax Number: * Signature of Authorized Representative:* Date Signed: 18. Estimated Funding ($): 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Application for Federal Assistance SF-424 * a. Applicant Attach an additional list of Program/Project Congressional Districts if needed. b. Program/Project * a. Start Date:* b. End Date: 16. Congressional Districts Of: 17. Proposed Project: a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. Yes No ** I AGREE * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? If "Yes", provide explanation and attach 1. OMB Number: 4040-0007 Expiration Date: 06/30/2014 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE:Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 2.Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102Authorized for Local Reproduction 7.Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8.Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Standard Form 424B (Rev. 7-97) Back 9.12.Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 10.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 13.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. * SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL * TITLE * DATE SUBMITTED* APPLICANT ORGANIZATION OMB Number: 4040-0009 Expiration Date: 06/30/2014ASSURANCES - CONSTRUCTION PROGRAMS PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: NOTE: 1.Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2.Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4.Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5.Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10.Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 11.Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12.Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13.Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally-assisted construction subagreements. 14.Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16.Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. * SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL * TITLE SF-424D (Rev. 7-97) Back * APPLICANT ORGANIZATION * DATE SUBMITTED Statement Regarding A‐133 Single Audit Reporting:  The City of Northampton submits an A‐133 Single  Audit report each year.  These reports are available on the Federal Audit Clearinghouse Single Audit  Database website (http://harvester.census.gov/sac/).