29-485 (10) •
31. The Commission may, at its discretion, allow minor changes to the turtle nesting sites
Obwithout requiring the filing of a new Notice of Intent.
VEHICLE ACCESS/STORAGE:
32. Vehicles shall avoid entering standing water to the greatest extent possible, and the
contractor shall use construction vehicles sparingly within the wetlands area.
33. All motorized/construction equipment shall be operated,parked, and maintained in such a
manner that will prevent potential alteration of the wetland/resource area and buffer zone,
except as approved within this Order of Conditions.
POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE:
34. Upon completion of the project, the Applicant shall submit a certification that all work
has been done in conformance with the provisions of the Order of Conditions and request
a Certificate of Compliance.
If checked:
[X ] YES
Certification shall be by a Wetlands Consultant who shall have been approved by the
Commission.
6
PRE-CONSTRUCTION REQUIREMENTS:
22. The applicant must retain a wetland specialist to oversee the project and compliance with
the Order of Conditions. Prior to the start of any work, the name of the wetlands
specialist shall be submitted to and approved by the Conservation Commission.
23. Prior to the start of any site work, excavation or construction, a preconstruction
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, also.
24. Prior to the pre-construction meeting, the wetland scientist shall submit a baseline
elevation of the water level of the marsh using the top of the dropped inlet/catch basin on
Ellington Road as a benchmark. This measurement shall be obtained after the pipes have
been cleared of debris as provided for in the existing maintenance contract. This baseline
elevation will ensure that the post-project water level of the marsh is not altered.
25. A minimum of three pipes shall be permanently installed in the new dam to prevent water
in the marsh from rising above the benchmark level established by the preceding
condition. The pipes shall be configured in such a way to meet the performance standard
of maintaining the baseline water level of the marsh.
26. The pipes shall be kept clear of debris so that the above performance standard continues
to be met. The person contracted to maintain the pipes should report any problems that
prevent the proper maintenance and operation of the pipes to the Conservation
Commission. A report shall be provided to the Commission annually immediately
following the time of high water flow in the Spring on the performance/functioning of the
drainage pipes.
27. Large [tree] logs should also be placed within the restored wetland to provide basking
sites and shelter for Spotted Turtles.
28. The proposed turtle nesting area nearest the stream should not be placed so that it is
overshadowed by trees growing on the adjacent slopes.
29. On-going maintenance of the turtle nesting areas is necessary to ensure their use. The
berms should be mown annually in November to prevent shrubs and trees from growing.
30. The nesting areas should be monitored by a wetland scientist to determine whether they
are working as turtle nesting grounds. The wetland scientist shall provide a report to the
Natural Heritage & Endangered Species Program upon completion of the project on the
success or failure of establishment of these nesting areas.
5
Conditions, and/or a Determination of Applicability from the Northampton
Conservation Commission";
14. The contractor is as responsible as the applicant and property owner for any violations of
the Orders of Condition and penalties under the law, while all activities regulated by this
Order are being performed.
15. 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.
16. All required permits must be obtained from the Army Corp of Engineers (Section 404,
Water Quality Certification), Planning Board, Zoning Board, Department of Public
Works,or Building Inspector prior to the start of projects involving fill within any
wetland resource area;
17. 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;
18. Any change or deviation from the Notice of Intent,plans and/or Order of Conditions
approved by the Commission, prior to or during construction, shall require the applicant
to file a request for an amendment with the Conservation Commission. It shall include a
written inquiry as to whether or not the change is substantial enough to require the filing
of a new Notice of Intent.
After making a positive determination, the Commission shall conduct a public hearing to
amend the Order or to issue a new Order, if a new Notice of Intent is required.
19. In accordance with General Condition 8 on page 5-2 of this Order, this Order shall be
recorded at the Hampshire County Registry of Deeds by the Northampton Conservation
Commission prior to commencement of work on the site.
20. All revised plans, referenced within this Order of Conditions, shall be approved by the
Conservation Commission and incorporated into this Order by reference and shall be
followed during the course of construction.
21. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows:
(425, #26, #29).
4
w
N
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noted in the Registry's Grantor Index under the name of the owner of the land upon which
the proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be proposed work is to be
done. The recording information shall be submitted to the Commission on the form at the
end of this Order prior to commencement of the work. The Commission usually will
record the Order in the Registry of Deeds. It is the applicant's responsibility to
insure the Order is properly recorded.
9. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the works, "Massachusetts Department of Environmental
Protection, File Number 246-462."
10. Where the Department of Environmental Protection is requested to make a determination
and to issue a Superseding Order, the Conservation Commission shall be a party to all
agency proceedings and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in
writing that a Certificate of Compliance be issued stating that the work has been
satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
PLANS/TITLE DATED SIGNED & STAMPED BY:
"Brookwood Marsh Restoration,Northamp-
ton,MA."prepared by New England 02/06/00
Environmental, Inc. Rev. 02/13/00
Rev. 03/11/00
All Plans and information on file with Northampton Conservation Commission
SPECIAL CONDITIONS:
13. This Order of Conditions shall apply to any successor in interest or successor in control;
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
3
Therefore, the Northampton Conservation Commission hereby finds that the following
conditions are necessary, in accordance with the Performance Standards set forth in the
regulations, to protect those interests checked above. The Conservation Commission orders that
all work shall be performed in accordance with said conditions and with the Notice of Intent
referenced above. To the extent that the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of Intent, the conditions shall control.
General Conditions:
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory 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, by-laws or
regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three
years, but less than five years, from the date of issuance and both that date and the
special circumstances warranting the extended time period are set forth in this
Order.
5. This Order may be extended by the issuing authority for one or more periods of up to
three years each upon application to the issuing authority at least 30 days prior to the
expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or 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. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse;
7. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings, before the Department
have been completed.
8. No work shall be undertaken until the Final order has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of
title of the affected property. In the case of recorded land, the Final Order shall also be
2
• r
0400
310CMR 10.99 ' a *, t` Fil No. 246-462
To be provided by DEP
Form 5 _ �. -r °` City/Town Northampton
Applicant Planning&Development
Commonwealth Map#29 Parcel#484
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L.c.131,§40
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To:
Northampton Conservation Commission Office of Planning&Development
City of Northampton City of Northampton
Name of property owner Name of Applicant
210 Main Street,Northampton,MA 01060 210 Main Street,Northampton,MA 01060
Address Address
This Order is issued and delivered as follows:
[X] by hand delivery to applicant or representative on May 15,2000.
[] by certified mail,return receipt requested on (date)
This project is located in Northampton at the end of Ellington Road.
The property is recorded at the Registry of Hampshire County
Book_ Page_
Certificate(if registered) N/A
The Notice of Intent for this project was filed on March 13,2000.
The public hearing was closed on May 8,2000.
Findings:
The Northampton Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Conservation Commission at this
time,the Commission has determined that the area on which the proposed work is to be done is significant to the
following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area
Subject to Protection Under the Act(check as appropriate):
[]Public water supply [ ]Flood Control [] Land containing shellfish
[]Private water supply [X] Storm damage prevention []Fisheries
[] Ground water supply [ ]Prevention of pollution [X]Protection of Wildlife Habitat
Total Filing Fee Submitted$0.00 State Share$ City Share$
('/2 fee in excess of$25)
Total Refund Due$ City Portion$ State Portion$
(1/2 total) (1/2 total)
1