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07-014 395 North Farms Road-Wetlands Order of Conditions-WHIP treatment-MacklerPLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON planning • conservation • zoning • northampton GIs • historic • community preservation • central business architecture Sarah I. LaValley, Conservation, Preservation, & Land Use Planner • slavalley@NorthamptonMA.gov • 413- 587 -1263 April 20, 2011 Frederick Mackler 395 North Farms Road Florence MA, o1o62 RE: Order of Conditions, DEP #246 - 649; 395 North Farms Road, Map o7, Lot 14 Dear Mr. Mackler Enclosed please find the original signed amended Order of Conditions for the above referenced project. This Order has been recorded in the Hampshire County Registry of Deeds, and filed with the Department of Environmental Protection as required. The ten business day legal appeal period from the date of issuance has expired, so the project may begin at anytime once pre- construction conditions are met. Please read the document carefully, as it contains conditions that must be adhered to before, during, and after work on the project. Please feel free to contact me with any questions or concerns. Thank you, d(A Sa ah LaValley Conservation, Preservation and Land Use Planner Cc via email: Michael Barry City Hall • 210 Main Street, Room 11 • Northampton, MA 01060 • www.NorthamptonMa.gov • Fax 413 - 587 -1264 original printed on recycled paper Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246 -0649 WP A Form 5 - Order of Conditions eDEP Transaction #:375684 E� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTHAMPTON A. General Information 1. Conservation Commission NORTHAMPTON 2. Issuance a. r OOC b. l- Amended OOC 3. Applicant Details a. First Name MICHAEL b. Last Name BARRY c. Organization BAY STATE FORESTRY SERVICE d. Mailing Address 546 SOUTH MOUNTAIN ROAD e. City/Town NORTHFIELD f. State MA g. Zip Code 01360 4. Property Owner a. First Name FREDERICK b. Last Name MACKLER c. Organization d. Mailing Address 395 NORTH FARMS ROAD e. City/Town NORTHAMPTON f. State MA g. Zip Code 01060 5. Project Location a. Street Address 395 NORTH FARMS ROAD b.City/Town NORTHAMPTON c. Zip Code 01060 d. Assessors Map/Plat# 07 e. Parcel/Lot# 14 f. Latitude 42.36158N g. Longitude 72.66913W 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book d. Page HAMPSHIRE 2402 284 7.Dates a, Date NOI Filed: 1/31/2011 b. Date Public Hearing Closed: 3/24/2011 c. Date Of Issuance: 3/30/2011 8.Final Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: TREATMENT AREA BAY STATE 1" = 200' MAP FORESTRY B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Page 1 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: �-- Bureau of Resource Protection - Wetlands MassDEP File # :246 -0649 r WPA Form 5 - Order Of COridltiOnS eDEP Transaction #:375684 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHAMPTON Following the review of the 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. F Public Water Supply b. r Land Containing Shellfish c. r Prevention of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control 2. Commission hereby finds the project, as proposed, is: Approved subject to: a. r 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, the 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. r 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 interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. r 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 in 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 interests of the Act, 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 Order as per 310 CMR 10.05(6)(c). 3.'r- Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMRI0.02(1)(a). a. linear feet Inland Resource Area Impacts:(For Approvals Only): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. r Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. r Bordering Vegetated Wetland 50 50 a. square feet b. square feet c. square feet d. square feet 6. r Land under Waterbodies and Waterways a. square feet b. square feet c. square feet d. square feet e. c/y dredged ff, c/y dredged 7. r Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Page 2 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: r Bureau of Resource Protection - Wetlands MassDEP File # :246 - 0649 WPA Form 5 - Order of Conditions eDEP Transaction #:375684 L( 1 � 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town :NORTHAMPTON Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 8.1- Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. r Riverfront Area Sq ft within 100 ft Sq ft between 100 -200 ft a. square feet c. cubic feet 100000 a. total sq. feet 80000 c. square feet 20000 g. square feet e. cubic feet f. cubic feet 80000 e. square feet 20000 i. square feet b. square feet d. cubic feet b. total sq. feet 80000 d. square feet 20000 h. square feet 80000 f. square feet 20000 j. square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.1- Designated Port Areas Indicate size under Land Under the Ocean, below 11. r Land Under the Ocean a. square feet b. square feet c. c/y dredged d. c/y dredged 12.1- Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.1- Coastal Beaches a. square feet b.. square feet c. c/y nourishment d. c/y nourishment 14. C Coastal Dunes a. square feet b. square feet c. c/y nourishment d. c/y nourishment 15.1.- Coastal Banks a. linear feet b. linear feet 16. C Rocky Intertidal Shores a. square feet b. square feet 17. r Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. F Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19. C Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet Page 3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246 -0649 r WPA Form 5 - Order of Conditions eDEP Transaction #;375684 y City/Town:NORTHAMPTON 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Indicate size under Coastal Banks, inland Bank, Land Under the 20. r Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways, above c. c/y dredged d c/y dredged 21. r Land Subject to Coastal Storm Flowage a. square feet b. square feet 22. F Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c & d or B. 17.c & d above, please entered the additional amount here. a. square feet of BVW 23. b. square feet of Salt Marsh r Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings /number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 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 a ppl y: 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. 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. 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 lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. 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 the Department have been completed. 9. 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, Page 4 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246 -0649 WPA Form 5 - Order of Conditions eDEP Transaction #:375684 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTHAMPTON 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, 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 done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. 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- 0649" 11. 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 Mass DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition # 13 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. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. 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. 17: 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. 18. 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 shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project ") is (1) r is not (2) F subject to the Massachusetts Stormwater Standards. .If the work is subject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post - construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246 -0649 r WPA Form 5 - Order of Conditions eDEP Transaction #:375684 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHAMPTON Standard 10; iv. all post - construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post - construction BMPs. is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ( "O &M Statement ") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ( "O &M Plan") and certifying the following: i.) the 0 &M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post - construction pollution prevention and source control shall be implemented in accordance with the long -term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi- Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, 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 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(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 deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O &M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ( "Commission ") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O &M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. J Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: PLEASE REFER TO ATTACHMENT A Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246 -0649 WPA Form 5 -Order of Conditions eDEP Transaction #:375684 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHAMPTON D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? r Yes r No 2. The Conservation Commission hereby_(check one that applies): a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1. Municipal Ordinance or Bylaw 2. Citation 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 or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work, subject to the following additional conditions. NORTHAMPTON CHAPTER 337 OF THE 1. Municipal Or or Bylaw WETLANDS 2. Citation ORDINANCE GENERAL CODE 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 other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: PLEASE REFER TO ATTACHMENT A Page 8 of 10 * ELECTRONIC COPY LL11 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. _ Q Provided by MassDEP: �� MassDEP File # 3756$ eDEP Tr saction # City own E. Signatures ''11 This Order is valid for three years, unless otherwise specified as a special V , J condition pursuant to General Conditions #4, from the date of issuance. 1. 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. 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy must be mailed, hand delivered or filed ele'fronically at the same time with the appropriate MassDEP Regional Office. / F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he /she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpa5sigs.doc• rev. 02/2512010 Page _Of_ "ATTACHMENT A" 20. 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. 21. 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. 22. 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. 23. All required permits must be obtained from federal, state and municipal agencies and departments prior to the start of any project. 24. A copy of this Order and associated plans shall remain on site during all construction and /or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 25. . All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into the permit by reference and shall be followed during the course of construction. 26. The areas of construction shall remain in a stable 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 in 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. 27. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, riprap, filter berms or other devices planned for use during construction. 28. Soils exposed for periods greater than two months shall be stabilized with erosion control blankets and netting, a covering of straw mulch, or 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 biodegradable materials. 29. All disturbed areas shall be graded, loamed and seeded, or stabilized with erosion control blankets or netting, and a covering of straw mulch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left unprotected or without erosion control after this date. 30. 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 Northampton Ordinances - Chapter 24 31. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: N/A 32. Upon completion of the work covered by this Order, 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 Compliance. 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 minimum, 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 100 feet of wetland boundaries; all alterations within the wetland resource areas; and all dates of fieldwork. 33. The owner of the property described in this Order must 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 Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and /or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission. 34. The Northampton Conservation Commission shall be notified at least one week in advance of planned work each year and provided with a schedule for project activities. 35. The project shall be documented with photographs, which must be provided to the Commission at the end of work each season. 36. Activity within the BVW shall be limited to hand cutting and stem- painting application of herbicide. The use of foliar herbicide may be allowed if a foliar application plan is presented to and approved by the Commission. 37. Wetland marker flags shall be placed along the edge of the BVW, to remain until a Certificate of Compliance has been issued. The Commission must approve the location. of flags prior to the start of work. 3 8. A request for Certificate of Compliance shall be accompanied by a report quantifying the numbers and prevalence of invasive species on the site before, during, and after treatment. Treatment Area Map Property of Frederick and Susan. Mackler Located on North Farms Road, Northampton, Massachusetts ... � ° �- . - - =mac:., • O ki feAk i --• -� � l --_.M r om— r o(O i - 1 __-- Legend Map prepared by 1 Michael Barry 546 South Mountain Road Northfield, MA 01360 - - — Property Boundary Type Boundary TreatmentArea Boundary Stream Wetland 0 125 250 500 Feet inch equals 200 feet L. Narrative of Treatments to be Conducted NRCS WHIP Program Contract Property of Frederic and Susan Mackler 2011 -2013 The following treatments are intended to improve the wetland resource located on this property, and to enhance the wildlife habitat on this field /wetland buffer. Currently, a narrow shrub /tree buffer exists along the edge of the existing hayfield and the abandoned beaver pond. Much of the vegetation that occurs in this buffer is exotic - invasive plants that out - complete native plants and provide little or no habitat value. The goal for the treatments in this area is to convert this buffer to a healthy natural condition, with all native vegetation that provides a substantial habitat value. Treatments will be conducted over the next few years to implement this conversion and to ensure that the native plant population becomes established. 2010 Management Practices Mowing /herbicide treatment of exotic - invasive plants Spring 2011 The first step in this program will be to remove the larger exotic - invasive plants in this field buffer, so that room can be opened up for the native plants. A mowing deck mounted on a Bobcat -style machine will be incorporated to conduct this mowing. This machine will mulch the cut vegetation so that it lies flat on the ground, and will quickly become incorporated as soil organic matter. The cut stumps will be directly treated with herbicide to prevent re- sprouting from the root systems of the plants. Damage to adjacent native vegetation will be avoided with this direct application approach. Where native vegetation occurs very close to exotic - invasive plants, the invasives will be cut with a chainsaw, and the cut surface will be treated with herbicide. Mowing will only occur in the upland field buffer, and will not occur where exotic - invasive plants exist within the wetland area. Exotic - invasive plants within the wetland will be cut with a chainsaw, and lopped to lie low to the ground. Exotic - Invasive Control Summer 2011 The next step in this program will be to control smaller exotic - invasive plants as well as any re- sprouts that occur on the plants that were cut in the mowing phase of this project. A foliar treatment with backpack sprayers will be implemented to control the small individuals with ultra -low volumes of herbicides. This approach will allow for the protection of native vegetation and for good control of the exotic - invasives on the site. Shrub Planting Fall 2011 Following the exotic - invasive control treatments above, a planting of native shrubs will be completed in the fall of 2011. This planting will incorporate native shrubs with recommendations from MA Division of Fisheries and Wildlife for the species to be used in these habitat conditions. Some possible candidates for shrub species include winterberry, Red osier dogwood, Sweet pepperbush and elderberry. At least three shrub species will be used in this planting to provide more diverse habitat benefit and a better aesthetic of the resulting field border. Most of the planting will be completed in the upland field border. Some individuals may be planted within the abandoned beaver pond wetland area, along the edge of the upland buffer. Plants will be 3 -5 feet tall when planted, transferred from 1 gallon containers. Plants will likely be delivered to the planting sites with a pickup truck that will remain in the hayfield portion of the property. Any work done in the wetland area will be done with hand tools and no motorized equipment. It is estimated that approximately 90 shrubs will be planted along this wetland buffer. Follow -up treatments of exotic - invasive control Summer 2012,2013 In order to ensure that the native shrubs become established, and that no exotic - invasive plants re- invade this area, follow -up foliar herbicide treatments will be conducted for an additional two years. These treatments will be conducted with backpack sprayers in order to obtain excellent control of the invasive plants and to provide selective control with very little adverse impact on native vegetation. It is expected that very little herbicide will be used in these treatments, as the populations of invasive plants is expected to be low, and the size of the target plants should be small. General WHIP Application Information This property is currently being managed to produce agricultural products, forest products, and to provide a diversity of wildlife habitats, and these practices are recommended in order to enhance the existing habitats. These recommendations will help to restore populations of declining wildlife habitats. The shrubland and riparian forest buffer habitats created will provide a permanent benefit in these areas, with appropriate maintenance and monitoring. Invasive plants will be controlled in this effort to maximize the wildlife habitat benefit, and to prevent seeds from this area from being transported by wildlife to other properties. The southern part of the project occurs within BioMap Core Habitat. The entire property occurs within BioMap Supporting Watershed. This property is a part of a large forest block, with significant acres of protected open space. Fitzgerald Lake Conservation Area occurs within 500 feet of the eastern and southern boundary of the property. This conservation area contains over 450 acres of protected open space. This project will help to provide good wildlife diversity on this property as well as to enhance the surrounding ecosystem. Native shrublands will enhance the existing forest land and open field, providing habitat for many declining species. By controlling the invasive plants, the habitat created here will be more likely to succeed over time, and will not play a role in aiding the spread of invasive plants in this region. Herbicide information All herbicides used in the above treatments are included on the Massachusetts Department of Agriculture Rights -of Way Sensitive Area Materials List. Cut surface treatments will be conducted with Garlon 4 and Escort. Foliar treatments will be conducted with either Garlon/Escort mix (for bittersweet areas); or Accord/Escort/Arsenal mix (for areas without bittersweet). All herbicide applications will be conducted by MA licensed applicators, and will follow the Rights -of Way regulations regarding the application of herbicides. No regulations exist in Massachusetts specifically relating to control of exotic - invasive plants, but the Right -of- Way regulations are the closest thing that exists to treatments of this nature. By following these regulations, we can help to ensure that the wetland resources in this area are not adversely impacted by this project. Treatment Area Map Property of Frederick and Susan. Mackler Located on North Farms Road, Northampton, Massachusetts C1 ;ees /,. �t4 f 400$���° O k i ti I V� Map prepared by p. 1 Michael Barry 546 South Mountain Road Northfield, MA 01360 0 125 . 250 500 1 inch equals 200 feet 11 l ° Legend Property Boundary — — -- Type Boundary TreatmentArea Boundary Stream Wetland