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2021.03.11 Staff Report Conservation Commission Staff Report 1 March 11, 2021 To: Conservation Commission From: Sarah LaValley RE: Staff Report, March 11, 2021 Commission Meeting 5:30 PM – Notice of Intent for building rehabilitation and related site work, including HVAC and generator installation, and stormwater drain line within riverfront area (Mill River). Community Growth Partners, 20 Ladd Ave, Map ID 30B-084 Application Overview: The application proposes rehabilitation of an industrial building for use as an indoor cultivation facility of cannabis. The site work outside of the building includes the installation of concrete pads for HVAC equipment and an emergency generator, three new sets of concrete stairs to building entrances, a new drain line for storm runoff, a new walkway, and an ADA ramp. Work within riverfront is 4 concrete pads, a set of concrete steps, and 125 feet of the new drain line that will replace an existing pipe in poor condition. These structures lie just within the boundary of the Riverfront Area, which runs along the edge of the existing building DEP Comments: [1] Has file number 246-0604 received a Certificate of Compliance? This OOC was issued for this site in 2008. The commission should review any required restoration and/or mitigation per that Order and ensure that the requirements of 310 CMR 10.58(5)(h) are met. Staff response: Yes, the Commission issued a complete certificate of compliance for that project in 2018. [2] The applicant has proposed an improvement over existing conditions by planting of native species in the Riverfront. Per DEP regional guidance, Acceptable improvements include, but are not limited to: 1) Significant net reduction of impervious surfaces; 2) Planting of indigenous plant species; 3) Providing stormwater management demonstrably in excess of what is required per 310 CMR 10.05(6)(k) through (q); 4) Removal and proper disposal of noxious but otherwise legally located materials. Staff response.: Noted. The Commission should evaluate the work proposed as riverfront improvement to ensure that it is sufficient, and require additional improvements if warranted. Consistency with the Wetlands Protection Act and Northampton Wetlands Ordinance, Staff Recommendation The application narrative, p. 2, includes an assessment of the work’s compliance with which staff agrees. Work is proposed as work in previously degraded riverfront, under which the area qualifies as a developed site with pavement and structures. The work does expand these degraded areas, and nine shrubs are proposed to be planted along the edge of pavement closest to the river as an improvement. Work is not proposed within the Protected Zone established by the Ordinance. The Commission should discuss the proposed plantings, whether any additional improvements are necessary to satisfy 310CMR 10.05 cited, and require any revisions needed. An Order of Conditions, with standard conditions, and a requirement for monitoring plantings for two growing seasons can be issued. Conservation Commission Staff Report 2 March 11, 2021 5:50 PM – Notice of Intent for bridge repairs, Main Street, Leeds, over the Mill River. Work proposed within bank, riverfront area, and bordering land subject to flooding. Northampton DPW, Main St right of way. Application Overview: The application proposes work to address deficiencies to the Main Street bridge identified by a recent inspection. The planned repairs include work within the Mill River, its banks, and on the masonry piers supporting the bridge to address scour which is leading to undermining. The work includes removing stream bed sediment and placing rip rap in the stream channel approaches and under the bridge for stabilization. 2-phase installation of cofferdams for water control will be in place throughout the construction period to allow work to take place in mostly dry condtions. Armoring the channel adjacent to span 1 with large riprap filled with gravel and, eventually, river sediment, to prevent scour and undermining. A stream segment will be created at the second span where it has become part of the channel island. Masonry repairs will also be conducted. When that is complete, third span work will include a cofferdam and sumps, with low flows diverted into the secondary channel, and the main channel will also be armored with riprap. Nearly all of the riprap is proposed below high water elevation and is expected to quickly become infilled and covered by natural stream bed material; therefore, becoming restoration in-place. Also, the riprap is specified to have gravel packed voids to mimic the natural channel. Work includes alteration to bordering land subject to flooding, land under water, bank, and riverfront, as detailed on page 6 of the application. Opportunities for improvement outside the channel are limited due to ownership concerns. DEP Comments: DEP’s comments and applicant responses are included in the application packet (after the planset pages). The Commission should note that a Chapter 91 license is required, and include a condition that this must be obtained prior to work. The applicant confirmed that the work is below the thresholds for a water quality certificate. Consistency with the Wetlands Protection Act, Staff Recommendation: The application presents a detail of applicable performance standards beginning in page 8. A wildlife habitat assessment is also included since the project will disturb more than 50 linear feet of bank. No loss of resource areas is proposed Not all performance standards are met, including 100- feet of vegetation along the river, and work will also take place within the Protected Zone under the Ordinance. The work is presented as a limited project, for which an Order can be issued notwithstanding performance standards of the WPA. When looking at a limited project, The Commission shall consider “magnitude of the alteration and the significance of the project to the interests identified in M.G.L. c. 131, § 40, the availability of reasonable alternatives to the proposed activity, and the extent to which adverse impacts are minimized and the extent to which mitigation measures including replication or restoration are provided to contribute to the protection of the interests identified in M.G.L. c. 131, § 40.” If the Commission agrees this is met, and that other standards are complied with, an Order can be issued. Request for Certificate of Compliance – Emerson Way/Oak Ridge Road LLC An Order of Conditions was issued in 2006 under the local Ordinance only for construction of stormwater systems and related work within the buffer zone. The Order required that work stay more than 50 feet away from one of the wetland areas, which it has. As part of stormwater O&M requirements, and specified in the project’s covenants, the Conservation Commission is also required to be provided copies of annual inspection and maintenance of the system. Last fall’s inspection has been provided, and the applicant has noted this ongoing responsibility. Work subject to the Order has been completed as proposed, and a certificate can be issued.