18-045 CT River Greenway-Order of Conditions-B11116-P132 and B11702-P92Bk: 11116 Pg: 132
L I 1 1_11 Massachusetts Department of Environmental Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
1. Conservation Commission NORTHAMPTON
2. Issuance a. F OOC b. r Amended OOC
3. Applicant Details
a. First Name b. Last Name
c. Organization CITY OF NORTHAMPTON
d Mailing Address 210 MAIN STREET, RM 11
e. City/Town NORTHAMPTON f. State MA
4. Property Owner
a. First Name b. Last Name
c. Organization LANE CONSTRUCTION CORP.
d. Mailing Address 243 KING STREET, SUITE 239
e. City/Town NORTHAMPTON f. State MA
5. Project Location
a.Street Address DAMON ROAD
b.City/Town NORTHAMPTON c. Zip Code
d. Assessors Map/Plat# 18 e. Parcel/L.ot#
f. Latitude 42.05031 N g. Longitude
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
HAMPSHIRE 1417
1 111 11 Hill 111111
I II II III
2012 00027 1
Bk: 111 6Pg: 32 Page: 1 of 2
Recorded: 11/14/2012 09:12 AM
Provided by MassDEP:
MassDEP File #:246 -0668
eDEP Transaction #:519337
City/rown:NORTHAMPTON
g. Zip Code 01060
g. Zip Code 01060
d. Page
96
01060
9, 10, 12
71.88032W
7.Dates
a. Date NOI Filed 10/18/2012 b. Date Public Hearing Closed: 11/8/2012 c. Date Of Issuance: 11/9/2012
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:
11
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau For of Resourc 5 Protection rder of Con Wetlands o MassDEP File #:246 -0668
L WP m -Od eDEP Transction #:519337
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/rown:NORTHAMPTON
CT RIVER
GREENWAY, LANE
BUSINESS PARK
AND
NORTHAMPTON BERKSHIRE DESIGN
COMMUNITY GROUP
BOATHOUSE NOI
PLANS, SHEETS El
E3, S1- S3,S5 -S6,
RI, D1 -D2
CONNECTICUT
RIVER GREENWAY:
LANE BUSINESS BERKSHIRE DESIGN
PARK AND LANE GROUP
RIVERFRONT
PARK NOTICE OF
INTENT PACKET
RIVERFRONT
AREA EXISTING BERKSHIRE DESIGN
DEGRADED AREAS GROUP
AND PROPOSED
AREAS (2 SHEETS)
Check all that apply:
Bk: 11116 Pg: 133
MARK DARNOLD
NA
NA
October 16, 2012 VARIED
October 16, 2012 NA
November 1, 2012 1" 100'
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
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.
a. F Public Water Supply b. F Land Containing Shellfish
d. F Private Water Supply e. F Fisheries
g. F Ground Water Supply h. F Storm Damage Prevention
c. F Prevention of Pollution
f. F Protection of Wildlife Habitat
i. F Flood Control
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
a. F 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. E 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.
Page 2 of 10 ELECTRONIC COPY
c. 1- 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 310CMR10.02(1)(a).
Inland Resource Area Impacts :(For Approvals Only):
Resource Area
4. r Bank
5. F Bordering Vegetated Wetland
6. F Land under Waterbodies and Waterways
7. F Bordering Land Subject to Flooding
Cubic Feet Flood Storage
8. r Isolated Land Subject to Flooding
9. F Riverfvnt Area
Sq ft within 10011
Sq ft between 100 -200 ft
Coastal Resource Area Impacts:
Resource Area
10. r Designated Port Areas
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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
Proposed
Alteration
42
a. linear feet
3I25
a. square feet
210
a. square feet
0
e. c/y dredged
I7000
a. square feet
10959
e. cubic feet
c. cubic feet d. cubic feet
21234 21234
Permitted Proposed Permitted
Alteration Replacement Replacement
42
b. linear feet
3125
b. square feet
f. c/y dredged
17000
b. square feet
10959
f. cubic feet
a. total sq. feet b. total sq. feet
12289 12289 12289
0
c. linear feet
12312
c. square feet
0
c. square feet
17000
c. square feet
10959
g. cubic feet
c. square feet d. square feet e. square feet
8945 8945 8945
g. square feet h. square feet i. square feet
Provided by MassDEP:
MassDEP File #:246 -0668
eDEP Transaction #:519337
City/Town:NORTHAMPTON
Indicate size under Land Under the Ocean, below
a. linear feet
0
d linear feet
12312
d square feet
0
d. square feet
17000
d. square feet
10959
h. cubic feet
f. cubic feet
f. square feet
8945
j. square feet
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
Page 3 of 10 ELECTRONIC COPY
L 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
i1. r Land Under the Ocean
12. r Barrier Beaches
13. E Coastal Beaches
14. r Coastal Dunes
15. r Coastal Banks
16. r Rocky Intertidal Shores
17. r Salt Marshes
18. E Land Under Salt Ponds
19. r Land Containing Shellfish
20. r Fish Runs
a. number of new stream crossings
21. r Land Subject to Coastal Storm Flowage
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a. square feet b. square feet
Provided by MassDEP:
MassDEP File #:246 -0668
eDEP Transaction #:519337
City/Town:NORTHAMPTON
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. ciy nourishment d. c/y nourishment
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
a. linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet c. square feet d. square feet
a. square feet b. square feet
c. c/y dredged d. dy dredged
a. square feet b. square feet c. 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
c. c/y dredged d. c/y dredged
a. square feet b. square feet
22.
E 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 B V W b. square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
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L
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WP For 5 O rder of Con
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246 -0668
eDEP Transaction #:519337
City/Town:NORTHAMPTON
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 pemittee 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
aPPIY
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,
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- 0668"
1 I Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission
shall be a parry 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.
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Bk: 11116 Pg: 137
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
Provided by MassDEP:
MassDEP File #:246 -0668
eDEP Transaction #:519337
City/Town:NORTHAMPTON
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 appivved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the'Project") is (1) P 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
Stonnwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stonnwater 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 Stonnwater
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
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 O&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 stomrwater 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 Stonnwater 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 I 9(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
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Bk: 11116 Pg: 138
Massachusetts Department of Environmental Protection
L t Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246 -0668
eDEP Transaction #:519337
City/Town:NORTHAMPTON
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement
f) 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.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited
)7 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.
1) 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 SEE ATTACHMENT A
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b.
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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
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? F 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
Provided by MassDEP:
MassDEP File #:246 -0668
eDEP Transaction #:519337
Cityfrown:NORTHAMPTON
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.
F APPROVES the proposed work, subject to the following
additional conditions.
NORTHAMPTON
1. Municipal Ordinance or Bylaw WETLANDS
ORDINANCE
2. Citation CHAPTER 337 OF THE
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 SEE ATTACHMENT A. THE PROJECT INCLUDES PERMITTED ALTERATION TO 1,845 SQUARE FEET
OF ISOLATED VEGETATED WETLAND FOR WHICH THE COMMISSON HAS JURISDICTION UNDER THE
NORTHAMPTON WETLANDS ORDINANCE
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�7
Bk: 11116 Pg: 140
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
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
Important: When
filling out forms
on the computer,
use only the tab Please indicate the number of members who will sign this form.
key to move your This Order must be signed by a majority of the Conservation Commission.
cursor do not
use the return
key.
Signatu s:
r
S
IP by hand delivery on
1\10M llitheA 'L aoia,
Date
Date
Provided b MassDEP:
8
MassDEP File
5 19337
e P Tra action
u
City/Town
by certified mail, retum receipt
requested, on
1. Date of Issuance
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 electronically 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 and 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. 02/25/2010 Page of
Bk: 11116 Pg: 141
"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.
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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; any area within 100 -feet of a
wetland; any area within 200 feet of a perennial stream; a vernal pool, or any area within
200 feet of a vernal pool unless such areas are specifically approved by the Commission,
in accordance with 310 CMR 10.00, and City of Northampton Ordinances Chapter 337
31. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows: 33, 40, 41
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 deed or legal instrument conveying any or all of the owners' interest in said property
or any portion thereof, shall contain language the following language:
"This property is subject to the Northampton Wetlands Protection
Ordinance and /or Wetlands Protection Act. Any construction or
maintenance work performed on this property may require an Order of
Conditions, and /or a Determination of Applicability from the Northampton
Conservation Commission.
34. The Stormwater O &M must specify an appropriate snow- storage location.
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35. The applicant and contractor shall develop a specific plan to prevent alteration to
wetlands areas during construction. This plan shall include specific provisions for each
wetlands area, and must be included in the sequencing plan.
36. The 115 sf of buffer zone disturbance designated as `riprap for slope stabilization' shall
be replaced with a feature that will provide erosion control while maintaining wetland
characteristics. Prior to construction of this feature, a plan must be provided to the
Commission and the Department of Public Works for review and approval.
37. An annual report, in accordance with the Massachusetts Inland Wetland Replication
Guidelines, shall be provided to the Commission by November 30 of each year, for the
first three growing seasons. The report shall contain all elements required in monitoring
the wetland replacement area, and shall detail how and to what extend the replacement
area meets the General Performance Standards and the Wetland Replication Plan in the
NOI. If non compliance with any Performance Standards or the Replication Plan is
documented, the report shall include a draft "corrective plan of action."
38. Prior to the issuance of a certificate of compliance, the applicant shall demonstrate that at
least 75% of the surface of each replacement areas has been re- established with
indigenous wetlands plants.
39. The Commission shall be given 48 hours notice prior to the beginning of construction of
each wetlands replication areas, to allow for discussion of requirements and to ensure
compliance with all special conditions.
40. Future alterations of areas shown on NOI plans as Wetland Replication Area and
Riverfront Mitigation Areas, except as may be required to maintain them in restored or
mitigated condition, are prohibited. Additional allowable activities are removal of
species listed on the Massachusetts Prohibited Plant list and planting of native species.
41. Vista pruning for safety adjacent to the ramp and access road is allowed without further
Conservation Commission review. Cutting within other resource areas or buffers will
require Conservation Commission review.
42. Prior to work on the dock, the applicant must provide the Commission with construction
drawings for review and approval.
43. The O &M agreement shall include provisions for maintenance and reporting of
maintenance of the raingarden in accordance with "Volume 2, Chapter 2:, Structural
BM!? Specifications for the Massachusetts Stormwater Handbook."
44. Prior to work on the entrance driveway, the applicant must provide a detailed planset for
that portion of the project for review and approval by the Conservation Commission.
Plans must demonstrate compliance with the stormwater standards, mitigate for the
proposed increase in impervious area, and include measures to protect water quality in
the unnamed perennial stream crossed by the driveway.
A p
ATTEST. xAIEF'SKtBE, I
PATRICIA A. PL
REGISTER
Massachusetts Department of Environmental Protection
Bureau of Resource Protection – Wetlands program
Wildlife Habitat Protection Guidance
Appendix A: Simplified Wildlife Habitat Evaluation
Project Information
Important: When
filling out forms
Project Location (from NOI)
on the computer,
Jeff Squire 11/1/12
use only the tab
Name of Person Completing Form Date
key to move your
cursor - do not
use the return
key.
Important Habitat Features
Direct alterations to the following important habitat features in resource areas may be permitted only if
they will have no adverse effect (refer to Section V).
Habitat for state-listed animal species (receipt of a positive opinion or permit from MNHESP shall
be presumed to be correct. Do not refer to Section V).
Sphagnum hummocks and pools suitable to serve as nesting habitat for four-toed salamanders
Trees with large cavities (>18" tree diameter at cavity entrance)
Existing beaver, mink or otter dens
Areas within 100 feet of existing beaver, mink or otter dens (if significant disturbance)
Existing nest trees for birds that traditionally reuse nests (bald eagle, osprey, great blue heron)
Land containing freshwater mussel beds
Wetlands and waterbodies known to contain open water in winter with the capacity to serve as
waterfowl winter habitat
Turtle nesting areas
Vertical sandy banks (bank swallows, rough-winged swallows or kingfishers)
The following habitat characteristics when not commonly encountered in the surrounding area:
Stream bed riffle zones (e.g. in eastern MA)
Springs
Gravel stream bottoms (trout and salmon nesting substrate)
Plunge pools (deep holes) in rivers or streams
Medium to large, flat rock substrates in streams
simphab.doc • 10/07 Simplified Wildlife Habitat Evaluation • Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection – Wetlands program
Wildlife Habitat Protection Guidance
Appendix A: Simplified Wildlife Habitat Evaluation
Activities
When any one of the following activities is proposed within resource areas, applicants should
complete a Detailed Wildlife Habitat Evaluation (refer to Appendix B).
Activities located in mapped “Habitat of Potential Regional or Statewide Importance”
Activities affecting certified or documented vernal pool habitat, including habitat within 100’ of a
certified or documented vernal pool when within a resource area
Activities in bank, land under water, bordering land subject to flooding (presumed significant)
where alterations are more than twice the size of thresholds
Activities affecting vegetated wetlands >5000 sq. ft. occurring in resource areas other than
Bordering Vegetated Wetland
Activities affecting the sole connector between habitats >50 acres in size
Installation of structures that prevent animal movement
Activities for the purpose of bank stabilization using hard structure solutions that significantly
affect ability of stream channel to shift and meander, or disrupt continuity in cover that would
inhibit animal passage
Dredging (greater than 5,000 sf)
simphab.doc • 10/07 Simplified Wildlife Habitat Evaluation • Page 2 of 2