115 Bridge Street Conservation 2005-2COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street• Springfield, Massachusetts ~3 • (413) 784-1100 • FAX (413) 784-1149 ." ~---t1€: ~ ~ b \f\\,
MITT ROMNEY
Governor
KERRY HEALEY
Lieutenant Governor ' '\
, ·o ~ STEPHEN R. PRITCHARD
Secretary
t'r'.l'l , " r,('!"~ ucr ROBERT W. GOLLEDGE, Jr.
Commissioner
DEP File # 246-0567
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER DATE: September 15,
2005
Municipality: NORTHAMPTON
(city/town)
The Department of Environmental Protection has received a Notice oflntent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant:
Address:
THOMAS HORTON
115 BRIDGE STREET
NORTHAMPTON, MA 01060
Owner:
Address:
PROJECT LOCATION: i 15 BRIDGE STREET
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
(X) This project has been assigned the following file#: 246-0567
Although a file # is being issued, please note the following:
((1)) The Commission may want to notify the Board of Health of the soil contamination situation as well
as possibly require additional soil and ground water testing, and if found to be above allowable limits,
DEP should be notified. ((2)) If lead-contaminated soil was removed off-site, then it should have been
legally and properly handled. ((3)) It does not appear to be that clear how much soil was actually removed
off-site. The Commission should confirm that the performance standards under 3 lOCMRl0.57(4) are met
(( 4)) The areal extent of BLSF alteration is also required to be submitted in the NOL If over 5,000 square
feet, and as per 10.57(4)(a)3., the Commission should review whether or not this area is found to be
significant to the protection of wildlife habitat.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL,
NOT APPROVAL OF APPLICATION
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service-1-800-298-2207.
DEP on the World Wide Web: http://www.mass.gov/dep
{j Printed on Recycled Paper
Other Regulatory Jurisdiction
() Chapter 91 license may be required. Based upon the information submitted in and with your Notice
oflntent, this project proposes work within a Commonwealth-designated "great pond" or navigable
non-tidal river or stream, and is therefore subject to the Massachusetts Public Waterfront Act (MGL
Chapter 91). Please file either a CH91 Waterways License Application or a BRP WW 04 -Request
for Determination of Applicability (to obtain a Determination from the Department that a license is
not required). The Application and transmittal forms are available on the DEP website
(http://www.state.ma. us/ dep/ appkits/forms.htm ). ,
() 401 Water Quality Certification (314 CMR 9.00) m~y be te4lfired. See below for further details:
() Based upon the information submitted in and with your Notice oflntent a separate 401 Water
Quality Certification application form is not required. Provided that the project meets the
following conditions, summarized below from 314 CMR 9.03 and 9.04, and the conditions under
the US Army Corps of Engineers Programmatic General Permit for Massachusetts (PGP), the
project qualifies for 401 Certification as certified under the PGP:
a) Activities are conducted in compliance with MGL c. 131, § 40 (the Wetlands Protection Act) and the
Final Order of Conditions permitting the activities does not result in the loss of more than 5,000
square feet cumulatively of bordering and isolated vegetated wetlands and Land Under Water and/or
the dredging of more than 100 cubic yards of Land Under Water;
b) The Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands
pursuant to 310 CMR 10.55(4)(b);
c) The project is not listed in 314 CMR 9 .04(1) through ( 11) including: discharge of dredged or fill
material to any Outstanding Resource Waters; any part of a subdivision unless deed restricted, so
long as the discharge is not to an Outstanding Resource Water see 314 CMR 9.04(3). and;
d) The project does not include activities exempt from MGL c. 131, § 40 ( except for normal
maintenance and improvement of land in agricultural or aquacultural use); discharge of dredged or
fill material to an isolated vegetated wetland designated as rare and endangered species habitat; loss
of any salt marsh; activities subject to an individual 404 permit
Information and a copy of the PGP can be obtained from the US Army Corps of Engineers at 1-800-362-
4367. If impacts to resource areas or project size increases beyond that described in the Notice of Intent
or there are discrepancies therein, you must notify the Department and request a determination that the
criteria of 314 CMR 9 .03 have been met before the activity may begin.
() Before the activity described in the Notice of Intent can commence, you must obtain a Water
Quality Certification from this Regional Office. Please complete a 401 Water Quality
Certification application form (http://www.state.ma.us/dep/appkits/forms.htm) and file it with this
Regional Office for review.
() Your project involves dredging of greater than 100 cubic yards of Land Under Water. Please
cc:
complete a 401 Water Quality Certification application form ·
(http://www.state.ma.us/dep/appkits/forms.htm) and submit to the Department of Environmental
Protection, Waterways Regulation Program, One Winter Street, Boston, MA 02108. Call the
Waterways Regulation Program at 617-292-5695 with any questions.
For more information please ~ontact: Mark Stinson (a), ( 413) 755-2257
Conservation Commission: NORTHAMPTON Conservation Commission, CITY HALL, 210
Alec McCleod, 10 Main St. Orange
MAIN STREEET RM 11
Representative: