11-001 north main st con com 1985V'7
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DEOE File No. 246 -
(To be provided by DEQE)
city/Town Northampton
Applicant V. A. Hospital
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
To Fd Skroski, V.A. Medical Center
(Name of Applicant) (Name of property owner)
J
Address Rt. 9 Northampton, MA Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
® by swtgiesd mail, rA080JrAWssteud on August 29, 19 8 5 (date)
This project is located a t V A property Haydenville Brook,_ Leeds. MA 01053
The property is recotAad at the Registry of Hampshire County
Boo 782_ p age 250
Certificate (if registered)
The Notice of Intent for this project was filed on 8/23185 (date)
The public hearing was c!osed on 8/26/85 _ (date)
Findings
The Northampton Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Comm i s s i nn at this time, the Comm i G s i on has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
• Public water supply
• Private water supply
• Ground water supply
EO Flood control
Storm damage prevention
f2 Prevention of pollution
❑ Land containing shellfish
❑ Fisheries
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Therefore, the cons P Y 7 nn Comm; � G; on hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances, by -laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor veft+cles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the cr,,»,,,; c c; nn
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 946-
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11 Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
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Plans:
Title Dated Signed and Stamped by: On File with:
VA DWG. #SP - 17 1/4/80 Building & Location Plan
Special Conditions (Use additional paper if necessary)
1) All construction areas shall be restored to roginal condition or better
upon completion of the project, including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland
area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable
disposal sites, unless otherwise approved by the Conservation Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so
as to minimize washing into wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas;
5) This Order Of Conditions shall apply to any successor in interest or successor
in control;
6) Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary by the Co
mmpission
for that evaluation;
7) All disturbed banks shall be restored to original conditions;
8) all dredged materials shall be removed from the site;
°) No alterations shall be made to the path of the stream, and the channel shall be
restored only to its original capacity;
10 )......This ..Or de.r... i.s... issued ... in.- a.c c or dan.c.e ..wi.th.. S.ec ti.an..1.0 .. 53. (.3) .(k) .. o.f...31.0 .. CMR
(Leave Space Blank)
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Issued By No shamDtnn Conservation Commission
This Order must be signed by a majority of the Conservation Commission, x
On t y of o 1 A ; tiefof fns
Personally appear Ao me k'Uif�iwn to bo the
person described in and executed the foregoing instrufrlsftt and acknowledged t Waho executed '
Zotary a hb/h 4Ir"^ # , nd deed. CHRISTINE S�K SKI
NOTA,R`Y ,YU
C)
MY CoAiMISSIC$Q ja I
sazzrxaaaslisi -,
lic `
My commission expir
The applicant, the owner. any person aggrieved by No order. any owner of lend abutting ter Wed upon• ter prolSosed work is to
be done or any ten residents of the city or town in which such land is located are hereby noHNed of their right b regiust We Oep&*nent
of Environmental Quality Engineering to issue a Superseding Order. providing the request is made by cerWled mum or hand delivery to
Me Department within ten days from the date of issuance of lthis Order. A copy of the request shalt at the same Mw be sent by certified
mss or hand delivery to the conaervaran commission and the spwwt.
Detach on dolled line and It
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