32A-263 18D-063 25A-182 Industrial Drive-Order of Conditions-Utility Pole 2013Please note:
this form has
been modified
with added
space to
accommodate
the Registry
of Deeds
Requirements
Important:
When filling
out forms on
the
computer,
use only the
tab key to
move your
cursor do
not use the
return key.
A. General Information
1. From:
wpaform5.doc rev. 05/19/2010
Northampton
d. Mailing Address
Waltham
e. City/Town
c. Organization
d. Mailing Address
e. City/Town
iH� 11 60
20 3 Bk 1420Pg. 2 4 Page 1 of 14
Re orded: 08/12/2013 01:44 PM
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Northampton Wetlands Ordinance Chapter 337
Conservation Commission
2. This issuance is for a. ZOrder of Conditions b. Amended Order of Conditions
(check one):
3. To: Applicant:
Andrea Agostino
a. First Name b. Last Name
Massachusetts Electric Company, dba National Grid
c. Organization
40 Sylvan Road, E3 -687
4. Property Owner (if different from applicant):
MA
f. State
a. First Name b. Last Name
5. Project Location:
Utility ROW Industrial Drive Rear
a. Street Address
32A, 18D, 25A
c. Assessors Map /Plat Number
Latitude and Longitude, if known:
f. State g. Zip Code
Northampton
b. City/Town
263, 063, 182
d. Parcel /Lot Number
42d20m04s N
d. Latitude
05 nrthma gen 00040 w x ref. 05 nrthma gen 41
Provided by MassDEP:
N/A
MassDEP File
N/A
eDEP Transaction
Northampton
City/Town
02451
72d37m57s W
e. Longitude
g. Zip Code
Pagel al 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Northampton Wetlands Ordinance Chapter 337
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Hampshire
a. County b. Certificate Number (if registered land)
01983 277
c. Book d. Page
7. Dates:
B. Findings
July 16, 2013
f. Additional Plan or Document Title g. Date
Provided by MassDEP:
N/A
MassDEP File
N/A
eDEP Transaction
Northampton
City/Town
July 25, 2013 July 25, 2013
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Notice of Intent Utility Pole Replacement Project Packet
a. Plan Title
Tighe and Bond
b. Prepared By c. Signed and Stamped by
July 16, 2013
d. Final Revision Date e. Scale
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 (the Act). Check all that apply:
a. Public Water Supply b. Land Containing Shellfish c. Prevention of
Pollution
d. Private Water Supply e. Fisheries f. Protection of
Wildlife Habitat
g. Groundwater Supply h. 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, 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.
wpaform5.doc rev. 05/19/2010 Page 2 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Northampton Wetlands Ordinance Chapter 337
B. Findings (cont.)
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 the 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. 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 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 Order as per 310 CMR 10.05(6)(c).
3. Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a)
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
Resource Area
4. Bank
5. Bordering
Vegetated Wetland
6. Land Under
Waterbodies and
Waterways
7. Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
8. Isolated Land
Subject to Flooding
Cubic Feet Flood Storage
9. RiverfrontArea
Sq ft within 100 ft
Sq if between 100-
200 ft
a. linear feet b. linear feet c. linear feet d. linear feet
6624 6624 6624 6624
a. square feet b. square feet c. square feet d. square feet
a. square feet b. square feet c. square feet d. square feet
e. c/y dredged f. c/y dredged
a. square feet b. square feet c. square feet d. square feet
e. cubic feet f. cubic feet g. cubic feet h. cubic feet
a. square feet b. square feet
c. cubic feet d. cubic feet
a. total sq. feet b. total sq. feet
c. square feet d. square feet
g. square feet
h. square feet
Provided by MassDEP:
N/A
MassDEP File
N/A
eDEP Transaction
Northampton
City/Town
a. linear feet
e. cubic feet f. cubic feet
e. square feet f. square feet
I. square feet j. square feet
wpaform5.doc rev. 05/19/2010 Page 3 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Northampton Wetlands Ordinance Chapter 337
B. Findings (cont.)
Coastal Resource Area Imp
1o. Designated Port
Areas
11. Land Under the
Ocean
12. Barrier Beaches
13. Coastal Beaches
14. Coastal Dunes
15. Coastal Banks
16. Rocky Intertidal
Shores
17. Salt Marshes
18. Land Under Salt
Ponds
19. Land Containing
Shellfish
20. Fish Runs
21. Land Subject to
Coastal Storm
Flowage
acts: Check all that apply below. (For Approvals Only)
Proposed Permitted
Alteration Alteration
Indicate size under Land Under the Ocean, below
a. square feet b. square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and /or Coastal Dunes
below
a. square feet b. square feet
a. square feet b. square feet
a. linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet
a. square feet b. square feet
c. c/y dredged d. c/y dredged
a. square feet b. square feet
a. c/y dredged b. c/y dredged
a. square feet b. square feet
Provided by MassDEP:
N/A
MassDEP File
N/A
eDEP Transaction
Northampton
City/Town
Proposed Permitted
Replacement Replacement
cu yd cu yd
c. nourishment d. nourishment
cu yd cu yd
c. nourishment d. nourishment
c. square feet d. 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
wpaform5.tloc rev. 05/19/2010 Page 4 of 12
#22. If the 22 Restoration /Enhancement
project is for
the purpose of
restoring or a. square feet of BVW b. square feet of salt marsh
enhancing a
wetland
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Northampton Wetlands Ordinance Chapter 337
B. Findings (cont.)
resource area 23. Stream Crossing(s):
in addition to
the square
footage that
Provided by MassDEP:
N/A
MassDEP File
N/A
eDEP Transaction
Northampton
City/Town
a. number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions
entered in
Section B.5.c
(BVW) or The following conditions are only applicable to Approved projects.
B.17.c (Salt
Marsh) above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify the additional 9 Y Y this Order.
amount here. 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 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 extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
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 have been completed.
wpaform5.doo rev. 05/19/2010 Page 5 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Northampton Wetlands Ordinance Chapter 337
C. General Conditions (cont.)
Provided by MassDEP:
N/A
MassDEP File
N/A
eDEP Transaction
Northampton
City/Town
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. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
11. The work shall conform to the plans and special conditions referenced in this order.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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
wpaform5.doc• rev. 05/19/2010 Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection Wetlands N/A
MassDEP File
WPA Form 5 Order of Conditions N/A
Northampton Wetlands Ordinance Chapter 337 eDEP Transaction
Northampton
City/Town
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
17. The work associated with this Order (the "Project is (1) is not (2) 0 subject to the
Massachusetts Stormwater Standards. If the work is subject to the 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 Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 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:
L 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 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. General Conditions cont.)
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 18(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
wpafcrm5.doc rev. 05/19/2010 Page 7 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
MassDEP File
WPA Form 5 Order of Conditions N/A
Northampton Wetlands Ordinance Chapter 337 eDEP Transaction
Northampton
City/Town
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 wilting 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 Pollution 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 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 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.
C. General Conditions (cont)
g)
Provided by MassDEP:
N/A
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.
wpaform5.doc rev. 05/19/2010 Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection Wetlands N/A
MassDEP File
WPA Form 5 Order of Conditions N/A
Northampton Wetlands Ordinance Chapter 337 eDEP Transaction
Northampton
City/Town
i) 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 (if you need more space for additional conditions, please attach a text
document):
Please See Attachment A
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Yes No
2. The Northampton hereby finds (check one that applies):
Conservation Commission
a. that the proposed work 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 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
1. Municipal Ordinance or Bylaw 2. Citation
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 (if you need
more space for additional conditions, attach a text document):
wpaform5.doc rev. 05/19/2010 Page 9 of 12
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor do not
use the return
key.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
ra F action
!1� a. r .l b ier
City/Town
Nd
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.
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 must be mailed, hand delivered or filed electronically at the same time
with the appropriate MassDEP Regional Office.
by hand delivery on
Date
tot
Provi a by MassDEP:
Ma File
2. Number of Signers
by certified mall, return receipt
uested, on
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.
wpaSsIgedoa rev. 02/25/2010 Page of
"ATTACHMENT A"
18. 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.
19. 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.
20. 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.
21. All required permits must be obtained from federal, state and municipal agencies and
departments prior to the start of any project.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
29. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows: 33
30. Upon completion of the work covered by this Order, the applicant shall submit a written
request for a Certificate of Compliance.
The written request shall specify any ways that the completed project differs from the
plans referenced in the Order.
31. 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 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.
32. Erosion control as proposed in the application shall not be used.
33. Swamp mats must be utilized in all instances where heavy equipment will enter the
vernal pool resource area (Includes the vernal pool and 100 feet)
34. As required mitigation under 337 -10F, prior to completing pole installation, the applicant
shall remove the two shopping carts from the vernal pool resource area.
35. As required mitigation under 337 -10F, the applicant shall either remove all species listed
on the Massachusetts Prohibited Plant within the easement area, from the entry point of
the project to the new utility pole location prior to completing the pole installation, or;
shall determine whether the presumed vernal pool is a certifiable vernal pool in spring,
2014.
ATTEST. HAMPSHIRE, C��"�
ItT]ClI1'1'l