Chapter 6.1 Wetlands Act

IT IS IMPORTANT THAT WE APPROACH ALTERATIONS TO OUR WETLANDS CAUTIOUSLY. HOLDEN'S WETLANDS AND WILDLIFE ARE WORTH PROTECTING FOR THE USE OF PEOPLE LIVING HERE, NOW AND IN THE FUTURE. OUR GROUND WATER SUPPLIES, FLOOD CONTROL, AND WILDLIFE DEPEND UPON THE PROTECTION OF WETLANDS. THE WATER SUPPLIES OF WORCESTER AND BOSTON ARE, IN PART, DEPENDENT UPON ACTIVITIES IN HOLDEN. IT IS NOW RECOGNIZED THAT ALL WETLANDS ARE IMPORTANT AND ANY ALTERATIONS MUST BE CAREFULLY CONSIDERED.

An act relative to the protection of wetlands was passed by the Massachusetts legislature in 1965. It was further amended in 1967, 1968, 1971, 1972, 1978 and 1987. This law charges the Holden Conservation Commission with the administration of the provisions of the Commonwealth's Wetlands Protection Act, for the Town of Holden.

The purpose is not to prohibit alterations, but to assist in making alterations that will be in the best interests of Holden, having short and long range effects in mind.

Briefly, the law, (G.L. Chap. 131, Sec. 40), as amended, states that any alterations to resource areas cannot be made without first filing a written notice of the intent to make the alteration. The law reads that no person shall remove, fill, dredge or alter any bank, beach, flat, marsh meadow or swamp, or any estuary, creek, river, stream, pond, or lake, or any land under said waters; or any land subject to flooding without first filing a written notice of his intentions to so remove, dredge, fill or alter. The notice of intent shall include such proposed activities and its effect on the environment.

PROCEDURE :

FOR ALL PROJECTS :      ( SMALL AND LARGE )

1.      The Notice of Intent form should be filled out completely. These forms and the general instructions for filling out the forms may be obtained from the Town Clerk's Office or by writing to the Chairman of the Holden Conservation Commission, Starbard Building, 1204 Main Street, Holden, Mass., 01520.

2.      Statements clearly and fully describing how the proposed project will effect:

a.      Public or private water supply, including nearby wells within 100 feet of surface and sub-surface drains, ponds, springs, etc., and wells within 200 feet of disposal systems; - See Holden Board of Health Requirements,

b.      Ground water supply;

c.      Flood control;

d.      Storm damage prevention;

e.      Prevention of pollution; (sediment is considered a pollutant)

f.      Preservation of fisheries;

g.      Wildlife habitat

h.      Any other aspect of the physical, social or aesthetic environment.

3.      Plan describing the project in detail:

All wetlands in the project, both permanent and seasonal, natural or man made, should be identified. The Notice of Intent is required regardless of what work is proposed, and/or whether the applicant considers the work subject to the Wetlands Protection Act. A Request for Determination of Applicability may be filed prior to the Notice of Intent.

4.      A locus map indicating the project site. This should consist of an 8 1/2" x 11" section of USGS quadrangle.

5.      Plans showing Title V compliance.

6.      FOR LARGE PROJECTS : a plan, drawn to scale of one inch equaling one hundred feet (1 inch = 100 ft.).

a.      The condition of the wetlands should be identified as follows:

(1)     Curving lines for open or flowing waters.           

(2)     Solid lines with         superimposed on marsh areas.

(3)     Flagged and # wetlands in field.

(4) Solid lines                          for all meadows, flat and other lands not normally classified as wetlands but subject to flooding.

b.      All alterations proposed in or adjacent to wetlands and flood plains should be clearly identified and explained in text or foot notes. Further:

(1)     Outline in black with broken lines_ _ _ _ _ _ _ areas to be dredged.

(2)     Mark in black with slant lines/////////areas to be filled.

(3)     Outline in black and clearly explain in footnotes, areas to be altered in any way other than dredging or filling.

(4)     Contour lines showing pre and post construction.

(5)     Designate Buffer zone.

(6)     Indicate limits of construction.

(7)     Indicate erosion and sedimentation control lines.

c.      Measurements, data, calculations, and expert opinion to justify plans and support statements.

6.      The following information also is important relative to LARGE projects:

a.      Dates of measurements, samplings, contour lines, etc. should appear with such data.

b.      Indicate existing and final surface contours and contour intervals used, including pond bottom, stream invert contours, drainage ditches, culvert or other water conveyance facilities. (See Section 9, a,b,c)

c.      Indicate ground water contours and a cross section of all wetlands showing slopes, banks and bottom treatments, existing and proposed alterations. (See Section 9, a,b,c)

d.      Indicate locations and elevations of all existing and proposed buildings, cellar floors, proposed bottom of septic systems, and paved areas.

e.      Indicate soil characteristics in representative parts of property, including depth of peat and muck in wetland borings. (See Section 8, a,b,c)

f.      Include hydraulic calculations and the data on which they are based, using 100 year storm data.

g.      Indicate existing and proposed water storage capacity of the property, including calculations and data upon which capacity is based.

h.      Indicate locations of landscape features as fences, walls, planting areas, etc.

i.      Show present and proposed water surface profiles (hydraulic grade line if pressure conditions), flow rates, flow velocities of channels, drains, ditches, culverts or other conveyances; storage amounts and levels in water retention areas. Natural channel carrying capacities shall be calculated on the basis of a 100 year frequency flood peak runoff rate with any proposed conveyance facility designed to carry this discharge with no adverse upstream or downstream effects. Storage amounts and levels shall be based on the 100 year frequency flood volume. Street parking lot drain facilities shall be designed to adequately convey the 100 year frequency flood peak runoff rate.

j.      The hydraulic and hydrologic methods, sources of data and calculations used to determine the values for the items in 6a above.

k.      Depth and type of material for fill, volume and type of soil, and excess material to be removed and its destination.

l.      Baseline and proposed storage capacity of wetland to be altered, including calculations.

m.      Erosion control methods (both temporary, during construc tion, and permanent).

n.      Flood control methods (both temporary, during construction and permanent).

o.      Means of preserving the integrity of on-site and abutting untouched areas.

p.      All available recorded high water marks and discharge for historic floods.

q.      Method to maintain Class A water quality in tributaries to the Wachusett Reservoir.

7.      Describe the impact upon the environment.

8.      Abutters for limited project 10:53(3)(3) shown on plan.

9.      Any studies which have been prepared by or for the following agencies which provide information on the site or its vicinity (one copy of each, key pages marked.)

a.      U.S. Department of Agriculture, Soil Conservation Service: soils information (to a depth of four feet). 680 Main St., Holden, 01520.

b.      U.S. Corps of Engineers: Hydrological and hydraulic data and historic flood and flood insurance data; water surface profiles for the 100 year and standard project floods. New England Division, 424 Trapelo Road, Waltham, MA 02154.

c.      U.S. Department of Interior, Geological Survey (aquifers, ground water, soils beyond four feet in depth, potential drinking water resources), 80 Broad Street, Boston, MA 02188.

GENERAL INFORMATION :

1.      No application will be accepted unless all information is clearly and properly submitted.

2.      Notice of Intent forms are required. They may be obtained from the Town Clerk's Office, Town Hall, 1196 Main Street, Holden, MA 01520, or by writing the Chairman of Holden Conservation Commission, Starbard Building 1204 Main Street, Holden MA 01520.

3.      Filing of Notice of Intent forms must be made simultaneously by certified mail to:

a.      Chairman, Holden Conservation Commission (7 copies) Starbard Building, 1204 Main Street, Holden, MA 01520 Include : Check for filing fee, payable to Town of Holden Conservation Commission, as established by Chapter 131, Section 40.

b.      Massachusetts Department of Environmental Protection (2 copies) 75 Grove Street, Worcester MA 01615.

c.      Division of Water Pollution Control if Chapter 91 license is required.

4.      No work whatsoever must take place on any wetlands on the property until all of the following conditions are fulfilled:

a.      An Order of Conditions has been issued by the Holden Conservation Commission.

b.      The 10 day appeal period has elapsed.

c.      Erosion control methods in place and inspected by agent or member of Conservation Commission.

5.      All newspaper notices of public hearings shall be at the expense of the applicant in accordance with Chapter 131, Section 40.

6.      Entrance upon lands for site visit inspection by Conservation Commission members for inspection purposes (after a Notice of Intent has been filed) may be conducted prior to public hearing.

7.      The Conservation Commission has the right to inspect for compliance with the Orders of Condition (Grant Bill).

8.      NOTE:           The Wetlands Protection Act is subject to amendments!