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36-305 10 Cardinal Way Certificate of ComplianceHAMPSHIRE REGISTRY OF DEEDS DOCUMENT COVER SHEET For use with documents that do not meet document formatting standards. Information from original document takes precedence when indexing data into Registry system. THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE PROPERTY ADDRESS: (1 b (z'rII YaJ( /1lu9 �Ia&icP ,/"l,f DOCUMENT TYPE: NAME REFERENCE: ors v cfmr yvq, 111 1111110011111 11 1111 2009 00015977 Bic 9882Pg: 71 Page 1 of 13 Recorded: 07/07/2009 10:10 AM For Registry Use Only N Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. rab Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M. L. c. 131, §40 A. General Information 1. From: 2. This issuance is for (check one): a. Order of Conditions b. Amended Order of Conditions 3. To: Applicant: Lynne Wallace a. First Name b. Last Name c. Organization 1023 Westhampton Road d. Mailing Address Florence e. City /Town 4. Property Owner (if different from applicant);:'.. a. First Name c. Organization d. Mailing Address e. City /Town 5. Project Location: 110 Cardinal Way a. Street Address 36 c. Assessors Map /Plat Number Latitude and Longitude, if known: e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for: (attach additional information if more than one parcel): Hampshire a. County 8268 c. Book 7. Dates: Northampton Conservation Commission d. Page April 30, 2009 May 28,, a. Date Notice of Intent Filed b. Date Public Hearing Closed 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan of Land in Northampton, Massachusetts Hainphiire Registry Prepared for Lynne Wallace a. Plan Title Huntley Associates, P.C. b. Prepared By c. Signed and Stamped by 04/29/2009 1"=30' d. Final Revision Date e. Scale f. Additional Plan or Document Title MA t'State 'b. Last Name f. State g. Zip Code Florence b. City /Town 305 d. Parcel /Lot Number 246 -633 01060 g. Zip Code b. Certificate Number (if registered land) Daniel Stasz MassDEP File Number: June 26, 2009 c. Date of Issuance g. Date wpaform5.doc rev. 2/27/08 y Page 1 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M:G.L.,c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. Public Water Supply b. Land Containing Shellfish c. Prevention of Pollution d. Private Water Supply e. Fisheries;; g. Groundwater Supply h. Z Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. the following conditions which are necessary in.accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above;tl e following General Conditions, and any other special conditions attached to this Order.To the,extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures: which are adequate to protect these interests, and a final Order of Conditions is issued. A descr.iption performance standards which the proposed work cannot meet is attached to this Order: c. the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified, .the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which` are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this- CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that applybelow (For Approvals Only) 3. Buffer Zone Impacts: Shortest distaneeb'etween'limit of project disturbance and 50 wetland boundary (if available) a. linear feet Resource Area Proposed, Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. Bank 5. Bordering Vegetated Wetland 6. Land Under Waterbodies and Waterways a. linear feet b. linear feet a. square4eet; b.•square feet a. square feet b.- square feet e. c/y dredged f. c/y dredged MassDEP File Number: 246 -633 f. Protection of Wildlife Habitat c. linear feet d. linear feet c. square feet d. square feet c. square feet d. square feet wpaform5.doc rev. 2/27/08 Page 2 of 10 B. Findings (cont.) Resource Area 7. Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. Riverfront area Sq ft within 100 ft Sq ft between 100 -200 ft 10. Designated Port Areas 11. Land Under the Ocean 12. Barrier Beaches Coastal Beaches Coastal Dunes Coastal Banks 16. Rocky Intertidal Shores 17. Salt Marshes 18. Land Under Salt Ponds 20. Fish Runs 21. Land Subject to Coastal Storm Flowage c. cubic feet Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of:, itions Massachusetts Wetlands Protection Act M.G..L: c. 131, §40 Proposed!'. Permitted Alteration Alteration a. squarefeet e. cubic feet a. square feet b. square feet a. total sq.:feet c. square feet a. square feet a. linear feet, a. c/y dredged a. square, feet b. square feet f. cubic feet d. cubic feet b: total sq. feet d; square feet g. square -feet h. square feet b. square feet c. c/y dredged d. c/y dredged a. square feet b. square feet a. square,feet brsquare feet b ;'{in'ear feet a. square`feet;, r b. square feet a. squarefeet b. square feet a. square, feet b. square feet c. c/y dredged d. c/y dredged 19. Land Containing Shellfish a. square feet b. square feet b. c/y dredged b. square feet Proposed Replacement c. square feet g. cubic feet e. cubic feet i. square feet Coastal Resource. Area Impacts: Check all that apply below. (For Approvals Only) MassDEP File Number: 246 -633 e. square feet Indicate: size under Land Under the Ocean, below c. c/y nourishmt. c. c/y nourishmt. c. square feet c. square feet Permitted Replacement d. square feet h. cubic feet f. cubic feet f. square feet j. square feet Indicate size under Coastal Beaches and /or Coastal Dunes below d. c/y nourishmt. d..c /y nourishmt. d. square feet d. square feet Indicate 'size under_Coastal Banks, inland Bank, Land Under the Ocean; and /or inland Land Under Waterbodies and Waterways, above wpaform5.doc rev. 2/27/08 Page 3 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act:M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) MassDEP File Number: 246 -633 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke.or modify this Order. 2. The 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, bylaws, 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 toa specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles: or parts of any of the foregoing. 7 This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before; Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the registered land,, 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 done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Regi;str,.yofbeeds,:prior to the commencement of work. 9. A sign shall be displayed at the site not less.then.two.square feet or more than three square feet in size bearing the words, "Massachusetts Department of;Environmental Protection" [or, "MassDEP "File Number 246. =633': wpaform5.doc rev. 2/27/08 Page 4 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental: Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 11. Upon completion of the work described herein, th'e applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and `s pecial conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. MassDEP File Number: 246 -633 14. The Agent or members of the Conservatibn•Commission and the Department of Environmental Protection shall have the right to enter and inspectthe area subject to this Order at reasonable hours to evaluate compliance with the conditions'stated in Order, and may require the submittal of any data deemed necessary by the Conservation: Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by•this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of:'the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained,in.good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his /her designee s hall inspect the erosion controls on erosion problems that occur at the site and as needed. The applicant shall immediately control any daily basis and shall remove accumulated sedimen y p d shall also immediately notify the Conservation Commission, which reserves the right to.require. additional erosion and /or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order., 18. The work associated with this Order is (1) ,is not (2) subject to the Massachusetts Stormwater Policy Standards. If the work is subject to the Stormwater Policy, the following conditions apply to this work and are incorporated into this Order: a) No work, including site preparation, land disturbance; construction and redevelopment, shall commence unless and until the construction period pollution prevention and erosion and sedimentation control plan required by S.tormwater,Standard 8 is approved in writing by the issuing authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution control measures and best managementpractices (BMPs) shall be implemented in accordance with the construction period pollution prevention and;ero;sion and sedimentation control plan, and if applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System Construction General Permit. wpaform5.doc rev. 2/27/08 Page 5 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.0.1_4. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged'to' the post- construction stormwater BMPs until written approval is received from the issuing authority. To: request written approval, the following must be submitted: illicit discharge compliance staters entrequired by Stormwater Standard 10 and as -built plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all construction period stormwater BMPs and any illicit discharges to the stormwater management system have been removed; and all post construction stormwater BMPs were installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure they are not damaged and will function properly. c) Prior to requesting a Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall submit to the issuing authority an Operation and Maintenance (O.& M) Compliance Statement for the Stormwater This Statement shall identify the responsible party for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible parties shall be notified in writing of their'continuing legal responsibility to operate and maintain the stormwater management BMPs and implement theP Prevention Plan; and 2. The Operation and Maintenance Plan for the :stormwater,,AB.MP• is :complete and will be implemented upon receipt of the Certificate." d) Post construction pollution prevention and source control shall be implemented in accordance with the long -term pollution prevention plan section of' approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required; by the National Discharge Elimination System Multi- Sector General Permit. MassDEP File Number: 246 -633 e) Unless and until another party accepts' responsibility,,the issuing authority shall presume that the responsible party for maintaining each BMP is` tle'l.andowner of the property on which the BMP is located. To overcome this presumption,the,landowner of the property must submit to the issuing authority a legally binding agreement acceptable to the issuing authority evidencing that another entity has accepted responsibility for maintaining; the`.BMP and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the'proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement:shall;:also identify the lots that will be serviced by the stormwater BMPs. A plan and easement: that'grants the responsible party access to perform the required operation and maintenance must be submittedelong with the legally binding agreement. f) The responsible party shall operate and maintain`all stormwater BMPs in accordance with the design plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and the Massachusetts Stormwater Handbook g) The responsible party shall: 1. Maintain an operation and maintenance Fog, the last three years including inspections, repairs, replacement and disposal: (for disposal the log shall indicate the type of material and the disposal location); 2. Make this log available to MassDEP',and the Conservation Commission upon request; and 3. Allow members and agents of the'MassDEP. and the Conservation Commission to enter and inspect the premises to evaluate'and ensure that the responsible party complies with the Operation and Maintenance requirements for each BMP set forth in the Operations and Maintenance Plan approved by the issuing authority. h) All sediments or other contaminants from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, 'and Iocal" laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. wpaform5.doc rev. 2/27/08 Page 6 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands Form 5 Order of C Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) j) The stormwater management system-approved in the Final Order of Conditions shall not be changed without the prior written approval of the issuing authority. Areas designated as qualifying pervious areas for purpose of the Low Impact Site Design Credit shall not be altered without the prior written approval of the issuing authority.' k) Access for maintenance of stormwater-BMRs shall not be obstructed or blocked. Any fencing constructed around stormwater BMPs shall include access gates. Fence(s) shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for' a'dditio'nal conditions, please attach a text document): See "Attachment A" 1. Municipal Ordinance or Bylaw D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? Yes 2. The Northampton Conservation Commission a. that the proposed work cannot "be conditioned; to, meet the standards set forth in a municipal ordinance or bylaw specifically Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which 'are adequate to meet these standards, and a final Order of Conditions is issued. b. that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Northampton Wetlands Ordinance Chapter 337 of the 1. Municipal Ordinance or Bylaw' Code of Ordinances 3. The Commission orders that all work shall be performed.,in accordance with the following conditions and with the Notice of Intent referenced above>''.To "the extent that the following conditions modify or differ from the plans, specifications, or otherproposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document):, See "Attachment A" MassDEP File Number: 246 -633 No hereby finds (check one that applies): 2. Citation wpaform5.doc rev. 2/27/08 Page 7 of 10 wpaform5.doc rev. 2/27/06 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions 246'1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: On this Date Notary Acknowledgement Commonwealth of Massachusetts County. of. terk Day Before me, the undersigned Notary Public, personally appeared As member of 1I 1 111 i City/Town. )CE I/1/ 044,11,i4•4 i.r.. //11111 Place notary seal and /or any stamp above This Order is issued to the applicant as follows: by hand delivery on 4 MA Month l Year Name of Document Signer proved to me through satisfactory evidence of identification, which was /were Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily fo its stated purpose. IY•i+ Printed Name of Notary Public l 2013 My Co mission ExpirOs (Date) Date MassDEP File Number: Vt4n� 1. Date of Issu 2. Number of Signers Conservation Commission by certified mail, return receipt requested, on Su*4€ 2 t 2061 Page 8 of 10 "ATTACHMENT A" 19. Prior to the initiation of any work, the applicant /owner shall submit a letter of understanding to the Commission stating that he /she has received, read, understands and shall comply with these Orders. The applicant, and, his or her contractor, foreman and /or construction manager shall sign the letter of understanding. 20. Prior to the initiation of any work, the applicant shall submit to the Commission a sequencing plan for construction, and erosion and sedimentation control installation. 21. Prior to the start of any site work, excavation or construction, a pre construction conference shall be held on the site, between the contractor conducting the work, the site /project engineer, the applicant, and a member or agent of the Conservation Commission, in order to ensure that the requirements of this Order are understood by all parties. Prior to the pre-construction meeting, all erosion control devices must be installed. 22. All required permits must be obtained froim tle..applicable federal, state and municipal agencies and departments prior to the start :of any project. 23. A copy of this Order and associated plans,'s1 all remain on site during all construction and /or building activities. The project manager aid,all equipment operators shallbe familiar with the approved plans, and shall be iiiforined of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 24. All revised plans, referenced within this,Order,.of Conditions, shall be approved -by the Conservation Commission and incorporated the,permit by reference and shall be followed during the course of construction 25. The areas of construction shall remain in stabje `condition at the close of each construction day. Erosion control measures 'Shall be inspected at this time, and maintained or reinforced as necessary. All such devices shall be inspected, cleaned or replaced during construction and shall remain,11 place until such time as stabilization of all areas that may impact resource areas is, permanent. These devices shall also be inspected to assure that the maximum control has been provided. Any entrapped silt shall be removed to an area outside the buffer, .zone. and resource areas, and maintained or reinforced as necessary. Erosion controls shall be.inspected after every rainfall to assure that.maximum control has been provided, 26. An adequate stockpile of erosion control'materials shall be on site at all times for emergency or routine replacement and s111 iliclude materials to repair or replace silt fences, straw bales, erosion control blankets, ripiap, filter berms or other devices planned for use during construction. 27. Soils exposed for periods greater than two Mo iths'shall be stabilized with erosion control blankets and netting, a covering of straw Mulch; of 'a temporary cover of rye or other grass to prevent erosion and sedimentation: Drainage ditches shall be stabilized and seeded with a native perennial grass mixture. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. Preference should be given to'liiodegradable materials. 28. All disturbed areas shall be graded, loained and seeded, or stabilized with erosion control blankets or netting, and a covering of straw. M lch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left unprotected or without erosion control after this date. 29. No disposal of soils or other materials shall be` allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are specifically' approved by the Commission, in accordance with 310 CMR 10.00, and City of Nor thaiipton'Oidinances. 4TT146T: 'S�IIRE, 30. Ongoing conditions that shall not expire with the-'issuance of a Certificate of Compliance are as follows: #33 31. Upon completion of the work covered by this,; the applicant shall submit an as -built plan, signed and stamped by a registered professional engineer or land surveyor, together with a written request for a Certificate of;Compiaice The plan and written request shall specify, any.ways. that the completed project differs from the plans referenced in the Order. The,as,built.plan shall include, at a minimuun, and as applicable to the project: elevations of all pipe inverts and outlets, pipe sizes, materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all structures, pavement, and contours within 1.00feet of wetland boundaries; all alterations within the wetland resource areas; and all dates: of fieldwork. 32. The owner of the property described in tliis;Oider mist advise any potential buyer of the property that any construction or alteration to. said:, property, including brush cutting or clearance, may require approval by the Nomthalinpto.n.Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language slat to the following: "This property is subject to the Nor=thampton Wetlands Ordinance and /or the Massachusetts Wetlands Protection Act. Any construction or major maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission. 33. Applicant shall place and maintain 3'x3', (min,imunn) boulders along the 50' buffer zone line (no- disturb area) located on the property. chat MARIAN E L. DONOHUE