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07-035 Broad Brook Greenway-1996 wetlands Request for Determination of ApplicabilityF - NINE COPIES 0 OMPLETE FILING TO THE NORTHAMPTC)" - ZNSERVATION COMMISSION ONE COPY OF C(_ =E FILING TO DEP, Wetlands Dig on, SPRINGFIELD 310 CMR 10.99 $20.00 CHECK PAYABLE TO: THE CITY OF NORTHAMPTON Form 1 .o °'- Commonwealth of Massachusetts OEP Fire No. 246 — (To be MDv,oed Oy DEP) Crty Northampton Aoatcan: _Northampton Plannin Office Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE 1. L the undersigned, hereby request that the Northampton Conservation Commission make a determination as to whether the area. described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request) ATTACH LOCUS MAP SHOWING SITE LOCATION. Location: Street Address Fitzgerald Lake Conservation Area, North Farm Rd. Lot Number: (FLAP ID) 7 -35 & 12 -7 Request is for two areas at Fitzgerald Lake Conservation Area 1) Cookes Pasture 2) A Meadow south of Fitzgerald Lake (see attached plans) J 3. The work in said area is described below. (Use additional paper•, if necessary, to descnbe the proposed work.) All work described below is for wildlife habitat improvements 1) Cut 80% of woody vegetation in former pasture area maintairi;[iig a 50 foot, more or less, buffer from the edge of the wetland. ` 2) .Cut specific trees within wetland buffer (no more than 20% of woody vegetation). 3) Prune apple trees throughout former pasture-and cut trees that are crowding the apple trees. 4) Apply herbicide to cut stems of select non - native plants. 5) Chip or otherwise chop up cut vegetation. 6) Stack cut vegetation as brush .piles. 1 -1 Effective 11110/89 4. Tne owner(s) of the area, if not the person making this request. has been given written notification of this reaueston October 1, 1996 (date) The name(s) and address(es) of the owner(s): Northampton Conservation Commission City Hall, 210 Main St. Northampton, MA 01060 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection 10/1/96 (date) i • ( DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 t 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I evil( be billed accordingly. if owner, I also grant permission for the Conservation Catmission to inspect aTy property prior to the Public Raring. _ For the Office of Planning & Development Signature GL `1 Z ' Name Wayne Feiden Office of Planning & Development ` Address City Hall, 210 Main St., Northampton, MA Tel (413) 586 -6950 01060 1 -2 310 CMR: DEPARTIvi OF ENVIRONMENTAL PROTEGE --JN 10.99: continued Form 2 Commonwealth of Massachusetts DEP File No. 246 - (To be provided by DEP) City /Town: Northampton _— Applicant _ rT— No - en- Of ice of Planning & Development Date Request Filed 04/ Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: No thamptonsowtrva_fon onL sion Issuing Authority Mason Maronn, Chair Northampton Conservation Commis TO: Wayne FeidPTl Pl anning Director (Name of per, re ( ire of (propert� owner) Office of Planni %g & De elopment 18 ingt n 0 City Hall, Northampton, MA Northampton, MA 01060 Address Address This determination is issued and delivered as follows: 121 by hand delivery to person making request on April 17, 1998 ❑ by certified mail, return receipt requested on (date) (date) Pursuant to the authority of G.L. c. 131, §40, the N orth impton Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determinatimikeha& whichever is applicable): Location: Street Address Fitzgerald Lake Conservation Area Lot/Map and Parcel Id Number: Map 7, Parcel 35 This Determination is positive. j ❑ The area described below, which includes all/part of the area described in your request, is an Area subject to Protection under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. 2 ❑ The work described below, which includes all/part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent. 310 CMR - 401 401 4/1/94 310 CMR: DEPART. NT OF ENVIRONMENTAL PROTE ON 10.99: continued ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act 2. The work you described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. ❑ The work you described in your.request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Issued by Northampion Conservation Commission Signature(s) 1 This Determination must be signed by a majority of the Conservation Commission. On this 1 day of A & O" I 19 , before me personally appeared _ !yl A 5 ah /N µ►Rc+ to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and deed. Notary uP blic gym. Exoires Dec, ?My Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or local institutes, ordinances, by -laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 4/1/94 310 CMR - 402 402 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTEC'1wN 10_99, DEP File No. F24:6- � (To be provided by DEP) Form 1 City /Town -Northampton-- Applicant No rthampton Of fice of Planning & Development Commonwealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY Or NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1 I, the undersigned, hereby request that the N^rtba C'onseryadw Co�ion make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, § 40. N The area is described as follows. (Include maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address Fitzgerald Lake Conservation Area Northampton Assessor's: Lot Number: Man # 7 Parcel # 35 3 The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) To remove the beaver dam below the Fitzgerald Lake Dam. At present, the area d d that has backed water up above the outflow pipe from includes the a large lodge an a am lake. The city is planning a $400,000 renovation of the man -made dam this summer and intends to restructure the outflow pipe and head wall that is located in the area flooded below the dam. Work is scheduled to take place June 15th to Sept. 15th and will require workers to have heavy machinery in the currently flooded area. Complete removal of the beaver dam for the duration of the project is necessary for rehabilitation of Fitzgerald Lake Dam. The following are proposed options for removal of this dam: 1) dynamite 2) hand held machinery or by hand with a large group of people 3) come- along -hook to a nearby tree to pull large logs out of dam 4) or some combination of the above. 310 CMR -399 4,1" 1 /9 4 _ 310 CMR: DEPARTTV — TT OF ENVIRONMENTAL PROTEL __ JN 10.99: continued 4. Thd owner(s) of the area, if not the person making this request, has been given written notification of this request on March 23, 1998 (date) The name(s) and address(es) of the owner(s): Mason Maronn, Chair Conservation Commission 18 Ellington Rd. Northampton, MA 01060 5. 1 have filed a complete copy of this request with the Western Regional office of Massachusetts Department of Environmental Protection March 23, 1998 (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. Yes No FEE WAIVED '7. In filing this application, I and the owner (if not the applicant) grant permission fort e Conservation Commission to inspect my property prior to the Public Meeting. Applicant: Signature �� e—_ Name Wayne Feiden, Planning Dir ector Address m Tel.# 413 - 587 - 1265 Owner: Planning Director Signature - Name Wayne Feiden, 413 - 587 - 1265 Address���? / � �.- � � -1'� c�o�o Tel.# — _ 310 CMR - 400 400 4/1/94 51 .7. Al N i Hat t1d I ._ ^µ` _ :rN,,,thFauns Lm*�--r FITZCERgED j�) _i 'liio ;� I�• INTERPHA t�E ND DAB - _ A .\ III '�� _ l l ' �� _ -- _ - - •_- -! _ _ - _ 'i' .- /I � -' '•'• hr ly • {' !'i�'� - _ - \ - _ .•�� --� _ ,I Island !! Hrb r+ "{'* �1 i A ► _ — �':r VER— ACCESS ROAD FOR CO NTRACTOR — DURING CONSTRUCTIO 1 AA St .;� •�• fir, $t,� \ Z-- R \ .r k..w st • /'1..�• I .• - \ � I tro ut.• , -'c''_ � ` •- __ ••t ti • • 1 : i �--'_ , , 0.. •7 - .� ' '.�'. '� -'• � '�- ��/.' 1 D � Gut~ I X .• • ; .'`. }`i / / �- f,.Ia r.f. B k ^ I �I I I �' ' \�.` r P _ u Y ) /i�a •'' 1 ./ .�_ f� - • I �I,j'I - ' L ) / /I .1 `�•\ ._�'.M .�. . I .'.r -6 \+�. 0 st sat ) :'1 i %-. ••�• - ---- y }�� � 1. n�- t '1 '� '� �< � '. • wY � � �/'..� i LOCATION PLAN SCALE: 1:25,000 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued DEP File No. 246 - (To be provided by DEP) Form 2 Commonwealth of Massachusetts City /Town: - Northampton Applicant ._ off re of Plan ning & Development /City of Northampton Date Request Filed 02/06/98 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: North Conservation Commission Issuing Authority Wayne Feiden, Planning Director Mason Maronn, Chair TO: Office of Planning & Developme Northampton Conservation Commission (Name of person making request) (Name of property owner) 210 Main street, Northampton c/o Planning Department, City Hall Address Address This determination is issued and delivered as follows: ® February 24, 1998 by hand delivery to person making request on (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton C onserv ati on Commiccion has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determinati5w(e ael<- whichever is applicable): Location: Street Address Fitzgerald Lake Conservation Area Lot/Map and Parcel Id Number: Map 7, Parcel 35 This Determination is positive. 1, ❑ The area described below, which includes all/part of the area described in your request, is an Area subject to Protection under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes all/part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent. 4/1/94 310 CMR - 401 401 310 CMR: DEPA— MENT OF ENVIRONMENTAL PRG —CTION 10.99: continued 3. ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. ,l The work you described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work you described in your.request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Issued by Northampton ,Cdnservation Conunission Signature(s) This Determination must be signed by a majority of the Conservation Commission. On this 43- day of w cL 19` , before me personally appeared M' o O A 1' y_J , to me known to be the person described in, and who executed, the oing instrument, and acknowledged that he /she executed the same as his/her free act and deed. t:�� LI AA L A I / /- ;R77� Notary Public ` J0 I I My Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or local institutes, ordinances, by -laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 4/1/94 310 CMR - 402 402 310 CMR: DEPA , MENT OF ENVIRONMENTAL PRC CTION DEP File No. 1 246- •lam 'iV Commonwealth of Massachusetts (To be provided by DEP) City /Town Applicant �,?I <� / Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1. I, the undersigned, hereby request that the Northampton Conservation Com mission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, § 40. 2. 3. 4/1/94 The area is described as follows. (Include maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address 1� Northampton Assessor's: Lot Number: _ Ma # Z Parcel ## 35 The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) er IL 1 I lle Ile .7L c , C <ci� ✓�✓� s s7 tPC�.m C`',/GS`Si��'S GY�1c��' /OS /u,� � %c>, ?T�o/ ,9if'<r.l�" � -) .- v�,����G`� s/I / / /r•'!G � / h / / �12 /�Vi /1 a- � YlcG� //S �'G(iI /at / 310 CMR - 399 (,t/rt �o�o��.� vn �P�C�arr�u P�' C'�a�ar�� "e . 310 CMR: DEP, __ f MENT OF ENVIRONMENTAL PRv__ LCTION 10.99: continued 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on v� _(date) The name(s) and address(es) of the owner(s): U/D �O 5. I have filed a complete copy of this request with th Western Regional office of Massachusetts Department of Environmental Protection (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. Yes No 7 • In filing this application, I and the owner (if not the applicant) grant permission for the Conservation Commission to inspect my property prior to the Public Meeting. Applicant: � Signature Name �r le </, �'�i��,4 ��- Address ��� ��� >. a��`�. .. el'! O /cyo � DSO Tel.# _ _3� Owner: 4/1/94 gn G✓ '� �_ Si ature Name dye �,G� �;i �'/ � Addres /6 Alas l J/ �� /�� Tel.# �/ /� - 5y,� erysCD 310 CMR - 400 400 IN P T ZGERALp ' j)jL.' 1 \, �; :��io . j l���. ;� T , ►. .i ��I� i1: 1111 � — -- _ - � — - _ - — O '�:. /; • i ip Vi �+ •• }� c.�,.r.ry _R1VER— .c• :,P.. CON E SS C ROAD f- - Y �. °, " �� moo. 11 Ili .� NG DU R — _ �r Rl TO CONS TRUCTION JJ Eovv Sit �'. . .•''�'ti,� � 1. s1 F.'Q�` CO�-� ..� / �CM,.Yj y � �, tiY '• t �• � j •'' 771 I J �r " .• '� '� Is• �� I 1 ^ I 1. tilt. t - �.� • I conil . • � - � q � i • "� ••� • _. j.. �F..io r.,_ 9 �, I 1 �'" /r `� <..•.� - v plyids. ��• ' ©� r' t �'• •' t i. !�_ .•� �la' At ^� - 1 -,� ) // i �y• ,� +-� l ..•!'•••� 1 1111.. ' r ' � ' r'� / � .._ 1 � '•� • -. � \\ `{ ' � . 3* � �Wit Sep '� 1� ;; a- F SF >s/ •, �. '1 �� r' I � �;\ Y � i �.. _ i. �7 �. ,0111 ' y + " r • . �, �., �� 1' '\ 2 ' y '►' ' LO CATION PLAN SCALE: 1:25, r 310 c.Ym 10.4 9 DEF Me No. 246 loan 3 Cro be georidcd by DFF) NINE COPIES OF THIS FORM, COMPLETE - Gty/ro,,n Northampton WITH PLANS, TO CONSERVATION COM-- 41SSION TWO COMPLETE COPIES TO DEP, SPRINGFIELD AppGaac Ca�oavealtIs of Xassachusetts Departraeat of Defense . Notice Of Intent gaited States. Under the of A=erlca Massachusetts Wetlands protection act.. G.Z. c. 131,: $s0 ' and Application for a Department of the Army permit & NORTHXMPTON WETLANDS PROTECTION ORDINANCE .Part Is General Information .. Fitzgerald Lake Conservation Area 1. Location: Street Address North Farms Road •P.ssessor'•s. Map - 7 -35 and 1 2 -10 >2. Project: Type Description Removal of old driveway and culvert, construction of 10 car parking lot and 840 foot asphalt walkway. 3. Registry: County Ham shire Cu= - rent gook . Book.1951,. Page 261.and X7)6 L Page_ �R _ Certificate (ii Registered Land) n/a Attn: Wayne Feideri '4. Applicant N pf— nffi ra ,f Plannin � Deyel n g nmpn Tel: (413) 58h -695 Address City Hall, 210 Main. Street, Northampton, MA 01060 } 5. Pronerty owner Northampton Conservation Commission Tel_. (413 58 6 - 69 50 i : Address City Hall, 210 Main Street," Northampton, MA 01060 6. Representative -(see'rapplicant) Tel. Address '7. a. Eave the Conservation Commission and the Department's Regional Office each bQen sent, by certified mail or hand deliver, 2 copies of completed Notice of Intent, With supporting plans and documents? Yes ® No ❑ (9 COPIES TO CONSERVATION COMMISSION) b. Has' the fee been submitted? Yes No ❑ e. Total Filing Fee Submitted No fee required - Municipal Applicant d. City /Town share of Filing Fee_ 0 state share of Fiji n Fee 0 Csent to City/Town) g 0 of fee in excess of $25, sent to DE?) t.e. Is a brief statement attached indicating how the applicant calculated the fee? yes ❑ No Fee exempt - municipal applicant f. Permit regZ ested' under' ' Mass. Wetlands Protection Act (310 CMR 10) : X Northampton Wetlands Protection ordinance: X Effective 11/20/92 3 -1 8. Have all ob *.a, aZa permit:, vazizaces and ann_r. - re btaized� -- ?u' =ed bl Ioc aI by-law Yes ® No ❑ No other permits required Obtained Applied tor: Not Applied For: 9 - Is any portion of the site subject to a Wetlands strict n Order pursuant to G.L. c. 131, s40A or G.L. c. 130, 8105? Yes LJ Noif 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter Title, Date access Access Improvements: Fitzgerald Lake Cons Area Wet Wetlands and Site Limitations:Access Improvements ' Soils Soil Survey I1. -check those resource areas within which work is proposed: .(a) 0 Buffer Zone (b) Inland: - ❑ Banker .Q Land Subject to Flooding Bordering Vegetated Wetland* ❑ Bordering ❑ Land Under Water Body t Waterway* ❑ Isolated *Likely to involve U S. Army Corps of Engineers concurrent See General Instructions for jurisdiction_ Completing Notice of Intent. tta pro ja _t wi th.i.., ea �isiated h =�itat v' recent Estimated Habitat Hap of state vh d b is ind-icatsd on the =s: Published by the Natural Heritage sad Endargeredespeci s a (i` any) YES [ X No [ j Date printed on the Estimated Habitat Hag [ l (if any) January, 1993 If Yea have you sent a co and Endangered Species P= gr v i a of the Notice of Intent to the Natural Heritage am priority mail (or otherwise it in a - postal Service by certified or Within two days) no later than the date of e filing ann gu arantees f this No o deliv r Intent With the conservation c ammiasion and the DEP regional office? YE [ X No' [ ) If Yes please attach evidence of . Natural Heritage timely =ailing or other delivery to the g and Endangered Species Program. Part SI: Site Description Indicate Which of the following information has been provided (on a plan, in narrative description or to clearly, completely and accurately describe existing site conditions. Identifying Num-ber /Letter (of plan, narrative . Cr calculations) - Natural Features Soils Soils Wet Vegetation , Wet Topography Wet N/A - . - Underground utilities _ •- 3 -3 open.water bodies(including ponds and lakes) Access & Wet ='- Flowing water bodies (includin .. g streams and N/A rivers) ; Public and private surface Water and ground water supplies on or within 100 feet WPt of-.site Haximum annual ground water elevations with dates and location ' of test - Boundar_ 2s of resource areas checked under Part 1, item 11 above • N - Other ' . Access & Wet Lan-made Features -' Structures (such as buildings, piers, towers and hea& N/A Drainage and flood control facilities at the site and immediately N/A off the site, including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems N/A - . - Underground utilities _ •- 3 -3 Access & Wet Roadways and parking areas Wet Pr.-p: r_y bounCzri.e -4, _an and rights -of -:ray N/A other Part III: Mork Description Indicate which of the following information has been provided (on a plan, in aazrative description or calculations) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number /Letter (of plan, narrative Cr calculations) Access & Wet rlanviev and Cross Section of: Structures(such as buildings, piers, towers and headwalls) Drainage and flood control facilities, including culverts and open channels(with inverts), dams and dikes N/A Subsurface sewage disposal systems S underground utilities Arri & WPt Filling, dredging and excavating, indicating volume and composition of material - NIA Compensatory storage areas, where required in accordance with Part III, section 10.57(4) of the regulations. Nf Wildlife habitat restoration or repiicaticn areas N/A Other Point Source Discharge N /A' Description of characteristics of discharge from point source (both closed and open channel), when point of discharge falls within resource area checked under Part I, item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre -and post - development peak run -off from the drainage area, at the point of discharge, for at least the 10 -year and 100 -year frequency storm; 3- Pre - and post - development rate of infiltration contributing to the resource area checked u•,3er Part I, item 11 above; 4. Estimated water quality characteristics of pre - and post - development run -off at the point of discharge. 3 -4 } Part IV: Mitigating %eastres '- Ctea. t - ; - ;;.ati tety hrd xt ratety d"cr { %* with reference to o{pertinq ptarss and eatcvtations where necessary: (a) ALL measures and designs proposed to met the performmce szanciar'rs set forth under. each • resource area specified in Part II or Part III of the regutations; or i (b) Why the p-escaptions set forth under each resource area Specified in Part II or Part III of the reputations do not apply. - 2nZand - Resource Area Type: Identifying number or 8 letter of support Bordering vegetated wetland documents Only work in BVW will be within existing driveway that 21ready crosses the BVW and restoration of historical drainage patterns. Whatever minor impact.on.Wetland - is more than mitigated by- restoration of_ drainage patterns. No silt fence is needed because all work will occur within the existing road and driveway layouts 2• clearly, eomptetety and accurately describe, with reference to supporting ptans and catcuCations where necessary; Ca) atl measures and designs to regulate work within the Buffer Zone so as to ensure that said work does otter an area specified in Part I, Section 10.020)(a) of these regulations; or (b) if work in the Buffer Zone will alter such an area, ell Masures and designs proposed to meet i 'rr perfor.:ance standards s t_•ktished for tt: adjactnr resource area, specified in Part Il or I:I of these regulations. .' t:, Resource Area Type Bordered Inland By 200 -Feet Discretiona Identifying number or _ Discretionary Zone: letter of support documents All work will be done within existing developed Access & Wet riveway, woods, road and parking lot, 3 -6 S, CENTRAL PART - SHEET NUMr , 13 HgA, HgB, HgC, HBD, HgE --------- Hinckley i i 1 SrA, SrB ---------- Sudbury d HgA — Hinckley loamy sand, 0 to 3 percent slopes. HgB — Hlnckley loamy sand, 3 to 8 percent slopes. These soils are deep and excessively drained. The areas are irregular in shape and range from 10 to 100 acres. Map unit HgA consists of a nearly level soil in broad areas; map unit HgB consists of a gently sloping soil on hills and ridges and on side slopes of small drainageways. Typically, the surface layer is very dark grayish brown loamy sand about 8 inches thick. The subsoil is 21 inches thick. It is loose, brown loamy sand in the upper 5 inches and loose, brown gravelly sand in the lower 18 inches. The substratum extends to a depth of 60 inches or more. it is loose, brownish yellow, stratified sand, coarse sand, gravelly sand, and gravel. Included with these soils in mapping are a few small areas of Windsor and Sudbury soils. Also included are areas that have less gravel in the subsoil and substratum than these Hinckley soils. Included areas make up about 20 percent of the acreage of these units. The permeability of these Hinckley soils is rapid in the subsoil and very rapid in the substratum. Available water capacity is low. The root zone extends into the substratum, but root growth is restricted by loose, stratified sand and gravel in the substratum. Reaction in unlimed areas ranges from extremely acid to medium acid. Most areas of these soils are in woodland. Some areas are farmed, and some have been developed for homesites. These soils are suited to cultivated crops (fig. 8) and to hay and pasture. Droughtiness is a limitation, and irrigation is needed in most years. Erosion is a moderate hazard in unit HgB. Minimum tillage, using cover crops and grasses and legumes in the cropping system, and mixing crop residue into the surface layer help to improve filth and increase organic matter content in cultivated areas. Proper stocking rates, deferred grazing, and pasture rotation help to maintain desirable pasture plant species. These soils are suited to the growth and harvesting of trees. Droughtiness causes a high rate of seedling mortality. Reducing plant competition and planting drought- resistant species will help to reduce seedling mortality. These soils have essentially no limitations as a site for dwellings. Slope is a limitation of the soils as a site for small commercial buildings in unit HgB. The rapid and very rapid permeability limits these soils as a site for septic tank absorption fields and causes a hazard of contamination to ground water and nearby wells. The capability subclass is Ills. (Joins shea5PI FITZGER D LAKE ACCESS 13 I Kind ;Months i i i i ' I I Apparent;Dec –Apr; i ! i 1 SrA— Sudbury fine sandy loam, 0 to 3 percent slopes. SrB— Sudbury fine sandy loam, 3 to 8 percent slopes. These soils are deep and moderately well drained. Map unit SrA consists of a nearly level soil in broad areas. Map unit SrB consists of a gently sloping soil on hills. The areas are irregular in shape and range from 5 to 30 acres. Typically, the surface layer of these soils is very friable, dark brown fine sandy loam about 10 inches thick. The subsoil is brown and is 18 inches thick. It is friable fine sandy loam in the upper 6 inches and loose, mottled gravelly loamy sand in the lower 12 inches. The substratum is loose, light brownish gray, mottled very gravelly loamy sand and gravelly sand to a depth of 60 inches or more. Included with these soils in mapping are a few small areas of Hinckley, Merrimac, and Walpole soils. The Hinckley and Merrimac soils typically are in higher positions, and the Walpole soils are in lower positions. Included areas make up about 15 percent of the acreage of these units. " d The permeability of these Sudbury soils is moderately / rapid in the subsoil and rapid in the substratum. Available water capacity is moderate. The root zone ° extends to the loose substratum. The soils have a seasonal high water table which is in the lower part of the subsoil in winter and spring. Reaction of the soils in unlimed areas ranges from extremely acid to medium = acid. Many areas of these soils are farmed. A few areas are in woodland, and the soils are suited to trees. Some areas have been developed for homesites. W, These soils are well suited to cultivated crops and to Pv ; hay and pasture. Good tilth is easily maintained in i cultivated areas. Wetness is the major management t concern, and subsurface drains are needed in places. Minimum tillage and the use of cover crops and grasses and legumes in the cropping system help to reduce y, runoff and improve filth. The use of contour tillage in unit SrB helps to control the moderate hazard of erosion. Mixing crop residue and manure into the surface layer = e also improves tilth and increases the organic matter +_ x content Proper stocking rates, deferred grazing, and pasture rotation help to maintain desirable pasture s , COO ` ' plant species. The seasonal high water table is the main limitation of these soils as a building site and as a site for septic tank gf 'c8 absorption fields. The rapid permeability causes a hazard . , of contamination to ground water and nearby wells in (Joins sheet 17) areas used for septic tanks. Unit SrA is in capability subclass llw, and unit SrB is in capability subclass Ile. } Part V: Additional Information for a Department of the A_ ^_3 per`_•,t I. CoE Application No. N/A {to be provided by GoE) 2. (Name of waterway) 3. Names and addresses of property owners adjoining your property: 4. Document other project alternatives (i.e., other locations and /or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5• 8�" x 11' drawings in planview and cross - section, showing the resource area and the proposed 'activity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal permit can be issued. Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is zonsistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information is not provided, the application cannot be processed nor can .a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing e Notice of Intent and accompanying plans, documents and supporting data are true and complete the best of my knowledge. I Signature of Applicant Date Signature of Applicant's Representative ' Date FORM 1[ED 1 (TEST) 1 MAT 82 J • Exception to ERG Fora 4345 approved by RcUSACE, 6 May 1982" 'This d - untnt contains a joint DepartLxnt of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in United States waters. The Office of Management and' Budget(CKB) has approved those questions required by the US A". Corps of Engineers. cMg Ru?ber 0702 -0036 and expiration date of 30 Septe -ber 19x3 applies ". This wilt tie set in 6 point type. 3 -7 STAi- -'TENT INDICATING HOW FEES ARE -CALCULATED Municipal Applicant - No Fee Required Wetlands Protection Act and the Northampton Wetlands Ordinance Write in the number of each activity proposed in a resource area or buffer zone. Add up the total fee, using worksheet on last page. 1• Cateoory 1 : ($55.00 each activity) CL Any work on a single family residential bt including a house addbui, deck, garage. garden, Pool. shed, or driveway. Actives excluded from Category 1 Include driveways reviewable under 310 CMR 10.53(3)(e) (See Category 2f). Construction of an unattached single family house, and construction of a dock. b• Site preparation of each single family -house lot including removal cf Vegete -r, excavation, and grading, where actual construction of the house is nct proposed. C. Cc(drd of nuisance vegetation by removal, herbicide or other means, from a resource area, on each single family lot as allowed under 310 CMR 10.53(4))• d. ..: Resource Lmprovemert allowed under ' 10 CMR 10.53(4) other than removal of -aquatic nuisance vegetation. e COrutuc'Jor4 repair or replacement or upgradifig of a subsurface septic system or any part of such a system f_ Activities associated with instanation of a morutoriny wen, other than construction Of an access roadway to J. — 9- New agricultural Oraquaculturafprojects 2 Cct+ory _2 (5250.00 each activity) � EL Consiructio of each single family house (incrudv,g houses in a subdivisioq) a part d which is in a buffer zone or resource area Any activities e.ssocialed with the construction of said house(s), Including site preparation, detention(retertbon besirs, utilities, septic 'Systems, roadways and driveways, other than those roadways and driveways reviewable under 310 CMR 10.53(3)(e) (Sea Category 2(Q. shall not be subject to additional fees if reviewed under a single Notice. (For mufti,,=1Ry housing. see Category 3.) b. parking rct of any size. C. The piecemeal of sand for u beach nourishment P� of d. (Warious coastal activities) C Limited projects other than driveways and roadways, tneludirq utilities agriculture, public roads, ponds ft'6 tena•.nce d pre•exi tfnq structures and road drainage, small bridges and water strucures, (reviewable under 310 CMR 10. p)(d) and 310 CMR 10.53(3M through (n, except for those subject to 10.03(7)(c)4.b.). Where more e on �� ill Proposed within an footprint (e.9 ; sewer within a new roAd"ay) only one fee shall be payable. Carmtruction of each cro,isi driveway associated with an for a single family house, reviewable unattached ew under 310 CMR 10.53(3)(e) (limited Proiect Crossing). 9- Any Pant source discharge. h. Cortrci Of nuisance Vegetalicn, other than on a single family lot, by removal, herbicide treatment or other mem-is reviewable under 310 CMR 10.5'1 (q), L Raising or lowering of surface water kwels for flood cordrol or any other purpose. Any ether activity not described In Categories 1, 3. 4, or S. IL The exploration for (but not development, construction, expansion, maintenance, operation or replacement CO public water supply wens or wensfieids derived from grovndwaler, reviewable under 310 CMt 3. Category 3 : ($.525.00 each activ,' EL Site preparation, for any development other than an unattached single famly houses, including the removal d legetation, excavation, and grading, where actual Construction Is nit Proposed under the Notice. b ' CO "NctiOn cf e=h building for &-'Y Commercial. industrial, insttutionel or muhRamly development, any part o f Which [s in a buffer zone or resource area Any activ?Ues associated with the construction of said bulding, including site prepualon and detention basins, septic systems, parking lots, utilities. Point source discharges, package treatment plants, and roadways and driveways other than those roadways or driveways reviewable under 310 CMR 10.53(3)(e) Qimiied prated crossings) s4 'J not be subject to additional fees if reviewed under a single Notice of IMen — G Construc:cn d each roadway or — L C�•�u -n cf. or ire d:scrarge fro. -. 1 driveway, act reviewable under 310G'dR Package sewase tred m.e t punt. 10.53 (3)(e), and not associated with Airport - construction of an tmacached single -- rage won remCvaI prcje�_ s family house, reviewabla under 310 CMR 10.24(7)(c)5, and 10.53(n), — d. AnY activity associated with the dean up k cf hazardous waste, excep as -- Landfocicsuraprojecisreview Category 4, including e , ca „ a5 ,, 310 CMR 1024 m(c) and 10.53(3)(p), destruction of vegetalloM change in subsurface hydrology, placement of ""' MY * ln c l u"�In9 construction cf wells or structures for collection or structures, associated with the treatment of contaminated sca W40, assessment. mo nitoring• containment, water. mitigation, and remedlaiton or. or other respcn- to, release Or threat of release — The development, construction, 4 LV 4 r 1 `sicw% maintenance, Op a' d ai and/or hazardeta ma aria! review under 310 CMR 10.24M(c)6. , replacement d (but not exploration fan) ) Or 310 CMR 10.53(3)0, public water supply webs or w iewa ld s derived from groundwater, reviewabie 5. Cory 5: ($200 Guar foot, n $50, Max S1,000) Mi under 310 CMR 10.53 (3) (o), a Censtruc5cn. reconstruction, repair or 4. _Category 4 ($725.00 each ac", replacement of docks. Piers, dikes, rip . - • Construction rap Or other engineering structures. -- a of each crossing for a limited Project access roadway or 6. Notices filed under the Northampton Wetlands driveway reviewable under 310 CMR Ofdlnance 10.53(3)(e) associated with n commercial, lndustrief, or tns-t;ivtional PROTECTION ACT — a Any work on a single building lot or housing unit development or with any residential construction (other than for a single -$25.00 -- b. Each additional lot or housing unit family house). _3 50.00 C. Commercial. Industrial, institutional — b. •Construction mod'dication, or repair cf a _ Projects--$I 00.00 'flood control structure such as a dam, — plus $0.10 square foot of resource area sluk:eway, etc activity — Plus $0.02 square foot cf buffer zone -- C. .'. • Crealio ' erati � o P ors, Ma intenance Or activity expansion Of a IandflL 7 • =Extensions of p ........................ S,50.00 -- d Creation, opefecri, maintenance or expansion of a sand or — C `tegory 1 activities X $55.00._,_ $ gravel operation including but act limited to excavation, ... _ ........... 0 Category 2 activities X$250.00..- _.........._..$ filling, and stockpiling. — C le'gery 3 ncUvitfes X 5525.00 ......................5 — Category 4 activities X $725.00........ $ -- e• Construction cf new ralroed ices Cetegory 5 acL'vties - 4 feet X "loom (min 550) S or extensions of exstin g lines, 6�cluding SUBTOTAL.. .................�._ ................5 ballast area, placement cf ack, signals and switches HALF TOTAL FEE MiNUS $12-50. .. -. a f related structures. (i'o the Cornmornveatth)- --$ -- f• Construction, recoratru lion, ,a=rum -'ONE HALF SUBTOTAL PLUS $1250 ' or maintenance of any bridge, except to _ •- .._. "- •"".._.._— _— ._.._. •• • - - -..5 PLUS: gain access to a single farr,ily house lot _ Category 6 activities (see #6 abcve)..5 PLUS -- 9• ' Any alteration cf a resource area to d i Water for the clean up d a hazardous Category 7 (Extension or Perrot) 550.00. - . - ..S PLUS Waste s for non- exempt mosquito eorrtrol projects, or for any other purpose IF Notice of intent (ncl, request for amendment).$ 35.00 OR not expressly identdied elsewhere PLUS IF Request for Determination S 20.00 — h Any activities, including the cons5i•Iction TOTAL FEE TO THE CITY OF NORTHAMPTON of structures, associated with a dredging operation conduc ed on land under n (foes must be paid by check or money order) Waterbody or waterway. v (Paulette \ccVees.doc December 20, i993) associated with the construction of a new dock or structure, only the Crtegory. 5 fee shall apply. DE2ART2M,,(T of ruvnto DZVISION of DN2SENTAL PRpT-_• ]lN0 ATS • NOT2cL OF IHTzN. T (NOI) "'PLICANT ' PROPZRTT - dame Office of Planning & Develo pmeit • . Attn:'Wayne Feiden • Brame ' 7�ie.,�r�i� •, �. t Street City Hall, 210 Main Street • city /Town - street 3/c �►+�r.ti m ton 1. f State . MA City/T Sip Code 01060 - : - Phone Number {413) 586 - 6950• State Sip code • PROJECT •LOCATION: Street/I,ot Number North Farms- Road, Map ID 7 -35_& 12 -10 CitY /Town Northampton • _ DEP FILE NU2'3ER if available) 2 467 . _ MUNICIPAL APPLICANT -• TOL FEE•,REQVTRED • •• _ .. 02 LING F .. EL - - - • ' . • - DISPQTED F'f-g • f _ Total NOI Filing Fee: $ 0 f State Share of :Total Di puted Fee: $ 0 - '(1/2 of Filing Fee: $ 0 (as determined in Notice of ..:; fee .in excess in of $2g -00) Fee letter from conservati City /Town Share of on coamiss ion) • , . - .._._ .._.. ._ - -'. Filing'Fee: $ 0 - State Share of Fee. $ d L : •(1 /2 -of total disputed fee) . _ City /Town Share of Fee - of total disputed fee -j - 1 . ;NSTRUCTIONS C end this Fee Transtaittal _ oncrealth of Hassachuseform and a check to the or money order, pa to the • DEP bock Box at: Yable DePt• of Environmental protecti Box 4062 - on 2 • Att Boston, � 02211 - ' a - - Conse of this form to the Notice of Intent rti'ation Co mission. submitted 3 • Attach to the local a 9°-_PY of this . Notice Of Intent for m, and a c - °- of the DEP check to e • rms subritted to the DEP regional office�ch of the 1 1/20/92 , G/z ?`o.1G Fee - 7^, hj&,, .AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) l Wayne Feiden ' hereby certify under the pains and penalties of (insert name of person making the Affidavit) perjury, that on gave notification to abutters in compliance with the second (insert date) paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification, dated April 8, 1994, in connection with the foilomng matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by: Northampton Office of Planning .a Development with the NORTHAMPTON CONSERVATION COMMISSION on (insert name of applicant) Fitgerald bake Conservation Area April 8, 1996 for property located at: North Farms Road (i nsert date) (address where the work is proposed) The form of the notification, and a list of the abutters to whom it was given and their addresses, C:re attached to this Affidavit of Service, Wayne Feiden 3/28/96 Name Date Notification to Abutters Under the Massachusetts Wetlands Protection Ac: Effective April 13, 1994 In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is Office of Planning & Development (Attn: Wayne Feiden) B. The applicant has filed a Notice of Intent with the Conservation Commission for the municipality of Northampton, and is seeking permission to remove, fill, dredge or alter an Area Subject to Protection or within 100 feet of an area Subject to Protection, Under the Wetlands Protection Act (General Laws Chapter 131, Section 40), and the City of Northampton's Wetlands Protection Ordinance. C. The address of the lot where the activity is proposed is Fitzgerald bake y_ Conservation Area, North Farms Road D. Copies of the Notice of Intent may be examined at The Office of Planning & Development, 2nd floor, City Hall, between the hours of 8:30 AM and 4:30 PM, Monday, Tuesday, Thursday and Friday, and from 8:30 AM to 12:00 Noon on Wednesdays. For more information on the filing proposed work, call: 4� 13 ) 586 - 6950 .Check One: This is the applicant X , representative , or other (specify): E. Copies of the Notice of intent may be obtained from either (circle one) e a ii or the applicant's representative, or by calling this telephone number /j _ - ` y v between the hours of between the hours of 9 and 4: 30 on the following days of the week: _Mon, Tue, Thur, Fri and 9 and 12:00 on Wed. Check One: This is the applicant X , representative' , or other s eci fY) (P F. The time and place of the public hearing is as follows: MONDAY, April 8 199 at 7:15 PM, in the City Council Chambers, located in the Municipal Building at 212 Main Street, Northampton, MA 01060. Additional information regarding the hearing can be obtained by calling this telephone number ( 413) 586 - 6950 X266 between the hours of 8:30 AM and 4:30 PM, Monday, Tuesday, Thursday and Friday, and from 8:30 AM to 12:00 Noon on Wednesdays. ' Notice or the public hearing, including its date, time and place, will be published at least live (S) days in advance in the Hampshire Gazette, legal ads section of the newspaper. ' Notice of the public meeting, listing all hearings, including the date, time, and place, will be posted in the City Hail not less than forty- elght'(48)-hours in advance or the meeting date. ' You also may contact the Department or Environmental Protection Western Regional Office for more information about this application or the Wetlands Protection Act at: (413)784-1100 NORTHAMPTON ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address )7 - 021 -001 NORTH FARMS RD GLEASON PATRICK DONALD 679 KENDALL DRIVE MARCO ISLAND FL 33937 )7 - 022 -001 NORTH FARMS RD VOLLINGER JOHN J & GRACE F 460 NORTH FARMS RD NORTHAMPTON MA 01060 )7 - 023 -001 NORTH FARMS RD VOLLINGER JOHN J & GRACE F 460 NORTH FARMS RD NORTHAMPTON MA 01060 l7 - 032 -001 COLES MEADOW RD 17 - 033 -001 NORTH FARMS RD - 037 -001 NORTH FARMS RD VOLLINGER JOHN J & GRACE F 460 NORTH FARMS RD NORTHAMPTON MA 01060 MICHALSKI CHARLES 176 COLES MEADOW ROAD NORTHAMPTON MA 01060 SWAYZE ELAINE ESTATE 1300 S.BAYVIEW AVE. SEASIDE PARK NJ 08752 - 041 -001 NORTH FARMS RD - 042 -001 NORTH FARMS RD JEKANOWSKI LEONARD C & BARBARA LISTER WEBB 549 NORTH FARMS ROAD NORTHAMPTON MA 01060 VOLLINGER JOHN J & GRACE F 460 NORTH FARMS RD NORTHAMPTON MA 01060 3/26/96 Page 1 3/26/96 Page 2 NORTHAMPTON ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address )7 - 043 -001 NORTH FARMS RD VAUGHN BERNARD J & LORETTA R 43 CARRIAGE DR MERIDEN CT )8 - 039 -001 COLES MEADOW RD FINN DOUGLAS M PO BOX 286 CHARLEMONT MA 01339 �8 - 047 -001 COLES MEADOW RD GLEASON PATRICK DONALD & GEORG KEVIN FITZGERALD &MARY S STRAD 679 KENDALL DRIVE MARCO ISLAND FL 33937 �8 - 049 -001 COLES MEADOW RD NAUMOWICZ JOHN H & IVY A 9 COED DRIVE EASTHAMPTON MA 01027 8 - 054 -001 262 COLES MEADOW RD KUBOSIAK HENRY P & ROSE S 262 COLES MEADOW RD NORTHAMPTON MA 01060 2 - 005 -001 167 NORTH FARMS RD WARBURTON DONALD R & BARBARA J 30 S.W. RIVERWAY BLVD. PALM CITY FL 33490 2 - 006 -001 NORTH FARMS RD NORTHAMPTON CITY OF SMITH'S AGRICULTURAL SCHOOL NORTH FARMS RD FLORENCE MA 01060 2 - 007 -001 BROAD BROOK CITY OF NORTHAMPTON - CONSERVATION COMMISSION 210 MAIN ST -CITY HALL NORTHAMPTON MA 01060 3/26/96 Page 2 3/26/96 Page 3 NORTHAMPTON ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address .2 - 008 -001 BOGGY MEADOWS RD FITZGERALD HAROLD RICHARD JR 344 BRIDGE RD NORTHAMPTON MA 01060 .2 - 010 -001 NORTH FARMS RD WARBURTON DONALD R PO BOX 145 PALM CITY FL 34990 .2 - 011 -001 150 NORTH FARMS RD WATSON CYNTHIA J P.O. BOX 517 W BOOTHBAY HARB ME 04575 2 - 019 -001 94 NORTH FARMS RD SCHUSTER ELIZABETH E. P.O. BOX 514 WILLIAMSBURG MA 01096 2 - 021 -001 BRIDGE RD FITZGERALD HAROLD R & MARC A & HAROLD R FITZGERALD JR 344 BRIDGE RD FLORENCE MA 01060 2 - 023 -001 6 COUNTRY WAY KOWAL WILLIAM J & ARLENE C 6 COUNTRY WAY FLORENCE MA 01060 2 - 030 -001 11 COUNTRY WAY HOLLAND GEORGE A & SUSAN F 0'N 11 COUNTRY WAY NORTHAMPTON MA 01060 2C- 001 -001 84 NORTH FARMS RD MCCOY PATRICK J & ANNE MARIE 84 NORTH FARMS RD FLORENCE MA 01060 3/26/96 Page 3 NORTHAMPTON ASSESSOR'S LABELS PARCEL PARCEL ADDRESS L2C- 002 -001 61 NORTH FARMS RD Owners and Owners' Mailing Address BROOKS PHILIP S 61 NORTH FARMS RD FLORENCE MA 01060 .2C- 003 -001 53 NORTH FARMS RD 2C- 004 -001 47 NORTH FARMS RD 2C- 008 -001 21 NORTH FARMS RD 2C- 093 -001 NORTH FARMS RD Assessor's Certification: Date: BEAUPRE JOHN L & MYRTLE G 53 NORTH FARMS RD FLORENCE MA 01060 MACDONALD GREGORY H & BETSEY P 47 NORTH FARMS RD FLORENCE MA 01060 HENDRICKS MILDRED 21 NORTH FARMS RD FLORENCE MA 01060 NORTHAMPTON CITY OF NORTH FARMS RD NORTHAMPTON MA 01060 /26/96 Page 4 Doc; 96001016108 /4881/0241 05/199612;48 310C.'VIR 10.99 DEP File No. 1 246 -387 (To be provided by DEP) Form 5 City /Town Northampton Applicant _Office of Plan & Develop Commonwealth Flap # 7 Parcel # 35 of Massachusetts 12 10 Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, 540 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: City of Northampton Conservation Commission same Name of property owner Name of Applicant 210 Main Street Northampton MA 01060 same Address Address This Order is issued and delivered as follows: [x] by hand delivery to applicant or representative on May 2 1996 [ ] by certified mail, return receipt requested on (date) (date) This project is located in Northampton at Lake Conservation Area North Farms Road The property is recorded at the Registry of Hampshire County Books /Pages: 1951/261; 4796/38 Certificate (if registered) _N /A The Notice of Intent for this project was filed on 3/26/96 (date) The public hearing was closed on 4/8/96 (date) Findings: The Northampton Conservation Commission as 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 [X] Flood Control [ ] Land containing [ ] Private water supply [X] Storm damage prevention shellfish [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [ ] Protection of Wildlife Habitat Total Filing Fee Submitted $0.00 State Share $0.00 City Share (1/2 fee in excess of $25) Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) Doc: 96001016108 /4881/0242 05/10/199612:48 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 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. page 5 -2 (memorex \wp \conscom \order.cc) Doc; 96001016108 /4881/0243 05/10/199612;48 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 - 387 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: Wetlands & Site Limitations Access & 3/27/96 Limitations Access Improvements Fitzgerald Lake 3/26/96 All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) Doc; 96001016108 /4881/0244 05 /l n /199612; 48 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. 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. 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. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. 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: [ ] YES Certification shall be by a Professional Engineer or by a Wetlands Consultant who shall have been approved by the Commission: PLAN CHANGES: 24. 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 for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. page 5 -4 (memorex \wp \conscom \order.cc) Doc+ 96001016108 /4881/0245 05/10/19% 1.2M PRE - CONSTRUCTION REQUIREMENTS: 25. The project limits shall be staked in the field prior to the pre - construction meeting. 9 1 1 A\9( 26. Prior to the start of any site work, excavation or construction, a It( 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. 27. Cutting of trees located within the right -of -way shall be allowed prior to installation of the siltation barrier, as long as stumps are not removed or unearthed. 28. The applicant shall notify the Commission in writing of the name, address, business and home telephone numbers of the project supervisor and /or contractor who shall be responsible for ensuring compliance with the conditions in this Order. 29. No material removed for the construction of the road shall be utilized as fill material on the site, and shall be disposed of properly. Copies of the disposal receipts must be submitted to the Conservation Commission, prior to requesting a Certificate of Compliance. 30. Haybales /silt barriers shall be inspected at the close of each work day, and after each rainstorm. Any breaches in the siltation barriers shall be repaired prior to the continuation of work. VEHICLE ACCESS /STORAGE: 31. Vehicles and /or equipment shall enter the project site only by the access route specified on the plans and approved by the Conservation Commission. 32. No equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans and within information approved with the issuance of this Order of Conditions. 33. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland /resource area and buffer zone. WETLAND REPLICATION: 34. The area proposed for replication shall be staked prior to the excavation, with notification to the Commission when completed. 35. If the seed stock and vegetative structures in the excavated soils do not result in establishment of a plant community comparable to the original wetland in species composition, and with at least 50 percent cover by the end of the first growing season, the applicant shall supplement the original plantings with plantings of indigenous species obtained from a nursery specializing in the propagation of wetland plants. EROSION AND SEDIMENTATION CONTROL; 36. Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. page 5 -5 (memorex \wp \conscom \order.cc) DOC; 96001016108 /4881/0246 0"1/1996 48 37. Erosion control devices shall be inspected regularly. Any entrapped silt shall be removed to an area outside the buffer zone and wetland resource areas, and hay bales or other devices shall be replaced as necessary. 38. During all phases of construction, all disturbed or exposed areas shall be brought to finish grade and either: a) loamed and seeded for permanent stabilization, in accordance with U.S. Soil Conservation Service procedures; or b) stabilized in another way approved by the Conservation Commission. Areas that cannot be permanently stabilized within 30 days of disturbance shall be stabilized by temporary measures acceptable to the Conservation Commission. 39. Removal of the culvert located between flag numbers: C21 - C22 and D2 - D3, shall not be allowed. A revised plan shall be submitted to the Commission, reflecting the change and shall be given to the contractor prior to the pre- construction meeting. page 5 -6 (memorex \wp \conscom \order.cc) Issued By Northa Sig ures�. , Doc: 96001016108 /4881/0241 Conservation Commissio ,r 05/10/199612:48 This Order must be signed by a majority of the Conservation Commission. On this c. day of 'tom 1996, before me personally appeared 77 . rr/o " ) r ; t , y to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. � Y � t Notary Public My cdmmission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the City or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE- -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. _...... ... _ ..................................... ............................... To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at File Number 246- has been recorded at the Registry of Hampshire County and has been noted in the chain of title of the affected property in accordance with General Condition 8 on ' 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature page 5 -6 (memorex \wp \conscom \order.cc) Applicant ATTESTS EWSHIRE, A?/f� REGISTEg MARIANNE L. DONUR -a 310CMR 10.99 DEP File No. 1 246 -387 (To be provided by DEP) Form 5 City /Town Northampton Applicant Office of Plan & Develop of Massachusetts Commonwealth Map # 7 Parcel J 35 of Mas 12 10 Order of conditions Massachusetts Wetlands Protection Act G.L. c. 131, 540 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: City of Northampton Conservation Commission same Name of property owner Name of Applicant 210 Main Street, Northampton MA 01060 same Address Address This Order is issued and delivered as follows: [x] by hand delivery to applicant or representative on _May 2 1996 (date) [ ] by certified mail, return receipt requested on (date) This project is located in Northampton at Fitzgerald Lake Conservation Area North Farms Road The property is recorded at the Registry of Hampshire County Books /Pages: 1951/261; 4796/38 Certificate (if registered) N/A The Notice of Intent for this project was filed on 3/26/96 (date) The public hearing was closed on _4/8/96 (date) Findings: The Northampton Conservation Commission as 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 [X] Flood Control [ ] Land containing [ ] Private water supply [X] Storm damage prevention shellfish [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [ ] Protection of Wildlife Habitat Total Filing Fee Submitted $0.00 State Share $0.00 City Share $ (1/2 fee in excess of $25) Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) 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. S. 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 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. page 5 -2 (memorex \wp \conscom \order.cc) 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 - 387 '. 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: Wetlands & Site Limitations Access & 3127/96 Limitations Access Improvements Fitzgerald Lake 3/26/96 All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. 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. 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. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. 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: [ ] YES Certification shall be by a Professional Engineer or by a Wetlands Consultant who shall have been approved by the Commission: PLAN CHANGES: 24. 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 for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. page 5 -4 (memorex \wp \conscom \order.cc) PRE - CONSTRUCTION REQUIREMENTS: 25. The project limits shall be staked in the field prior to the pre - construction meeting. 26. 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. 27. Cutting of trees located within the right -of -way shall be allowed prior to installation of the siltation barrier, as long as stumps are not removed or unearthed. 28. The applicant shall notify the Commission in writing of the name, address, business and home telephone numbers of the project supervisor and /or contractor who shall be responsible for ensuring compliance with the conditions in this Order. 29. No material removed for the construction of the road shall be utilized as fill material on the site, and shall be disposed of properly. Copies of the disposal receipts must be submitted to the Conservation Commission, prior to requesting a Certificate of Compliance. 30. Haybales /silt barriers shall be inspected at the close of each work day, and after each rainstorm. Any breaches in the siltation barriers shall be repaired prior to the continuation of work. VEHICLE ACCESS /STORAGE: 31. Vehicles and /or equipment shall enter the project site only by the access route specified on the plans and approved by the Conservation Commission. 32. No equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans and within information approved with the issuance of this Order of Conditions. 33. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland /resource area and buffer zone. WETLAND REPLICATION: 34. The area proposed for replication shall be staked prior to the excavation, with notification to the Commission when completed. 35. If the seed stock and vegetative structures in the excavated soils do not result in establishment of a plant community comparable to the original wetland in species composition, and with at least 50 percent cover by the end of the first growing season, the applicant shall supplement the original plantings with plantings of indigenous species obtained from a nursery specializing in the propagation of wetland plants. EROSION AND SEDIMENTATION CONTROL; 36. Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. page 5 -5 (memorex \wp \conscom \order.cc) 37. Erosion control devices shall be inspected regularly. Any entrapped silt shall be removed to an area outside the buffer zone and wetland resource areas, and hay bales or other devices shall be replaced as necessary. 38. During all phases of construction, all disturbed or exposed areas shall be brought to finish grade and either: a) loamed and seeded for permanent stabilization, in accordance with U.S. Soil Conservation Service procedures; or b) stabilized in another way approved by the Conservation Commission. Areas that cannot be permanently stabilized within 30 days of disturbance shall be stabilized by temporary measures acceptable to the Conservation Commission. 39. Removal of the culvert located between flag numbers: C21 - C22 and D2 - D3, shall not be allowed. A revised plan shall be submitted to the Commission, reflecting the change and shall be given to the contractor prior to the pre construction meeting. page 5 -6 (memorex \wp \conscom \order.cc) Issued By Northa Conservation Commiss Sig , This Order must be signed by a majority of the Conservation Commission. O ° — I�L- On this day of �( personally appeared i 1996, before me who � e to me known to be the �� ` "' �'� person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. X Notary Public -- My cdmmission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, residents of the City or town in which such land is located, are here or any ten by notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE- -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. ..... ............................ To Northampton Conservation CommisGi ... Conditions for the project at Please be advised that the Order of recorded at the Registry of Hampshire County and hase Number beennoted6 has been in the chain of title of the affected property in accordance with General Condition 8 on 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant page 5 -6 (memorex \wp \conscom \order.cc) , (To be p-_;,jj b D E7?) CitylTaxs Northampton Appr Office of Planning & De.vP_ opment Department of Defense - rarer 3 NINE COPIES OF THIS FORM, COt-m-LETE WITH PLANS, TO CONSERVATION COM%IISSION TWO CO&TLETE COPIES TO DEP, SPRINGFIELD Ca=vottvealth of Xassachusetts Notice of Intent vatted States. . Under the of •=erjca hassachusetts wetlands protection Act, G.Z. c. 131,: $t0 and . Application for a Department of the Army permit & NORTHAMoTptl WETLANDS PROTECTION ORDINANCE :Part It G- eneral Infor=ation _ I. Location: Street Address Fitzgerald Lake Conservation Area, N Farms Rd _ - Assessor'- s - Ma? TD - 7 - i2. Project: Typ limit pro escription Rehabilitate Fitzgerald Lake -Dam, including overflow, emergency spill headwalls, drains and the dam 'crest. 3. Registry: County Ha mpshir e Cu =rent Book 19 51 - 261 L Page Certificate (if Reis e 3 Land N/A Nor t amp, on (��fi_ce o- 4 Appli t P1 —� _ - / ( .nr f U e, f a 310 C_" 10.99 DEP A7� can anning Address City Hall, 5. Property Owner N Q Address City Hall, 6_ Sianrocen��i•:.__ and Development Tel: (413) 586 -6950 7.10 Main Street, Northampton, MA 01060 rthampton Conservation Commission (413) 586 -6950 Tel_. 210 Main St., Neftha-mpton, MA 01060 - r Address ' • 7. a. Eave the Conservation Coaraissiou and the Department's Regional Office each been sent, by certified mail or hand deliver, 2 copies of completed Notice.of Intent, With supporting plans and documents? Yes 0 No ❑ (9 COPIES TO CONSERVATION COMMISSION) ' b. Pas' the fee been uubc-itted7 Yes No ❑ N, Fee Required c_ Total Filing Fee Submitted 0 - Municipal Applicant ' d. City /Town share of Filing Fee 0 State sha-re of Filing Fee 0 (sent to CitylTo� i) (5 of fee in excess of 525, s mt to OED) r.e_ Is a brief statement attached indicating hog: the applicant calculated the - fee? IN Yes ❑ No No fAe required, mun- cipa-i applicant f Perr t requested under Mass. Wetlands Protection Act (310 G`R 10) Y _ Northampton k'etlands Protection Ordinance y eve all J'� *.a inlbZa permit- h->en ..ta � ? Va�ilCCes =d ar `7 re�u`._e i by by-law Zonal Yes [ N o CI Obtained APpl.ied Yor: Not xpplitd For: 9. Is any portion of the site No subject to a Wetlands ggstrict�n Order to G.L. C. 131, 540A or G.L. c. 130, 5105? Yea U P�sIIant 10. List all plans and supporting Intent. ' documents submitted with this Notice of Identifying Number /Letter Title, Date Proposed Fitzgerald Pond Dam Rehabilitation Sheets 1 - 4 April 1996 - Fitzgerald Lake Dam, Plan View Plan June 1996 I. -Check those resource areas within which work is proposed: .(a) ® Buffer Zone (b) Inland: -- - ® Bank* .Q Land Subject to Flooding _. Bordering Vegetated Wetland* c - ® Bordering 4 ® Land Under Water Body L Waterway* El 'Isola ted *Likely to involve U.S. Army Corps of see General Instructions Engineers concurrent jurisdiction_ for Completing Notice of inte 3-2 3 - -3 12. lx t`e projezt vi t_uim "LL"ated hzbi.ta which is ind-ics•1d ca t»�e �: s _ recent i t Habitat Hap of state- LiAtad Rae ed y he c= itet!aada Wl i; = (if say} published by the Natural Her itage and Lndatgered spa -ies P_egr­i=? Yes [ XI NO [ j Date printed on the a Ls Habitat Hap t I W any) January, 155. an yes, have e and Endangere d Spesnt a copy of the Notice of Intent to the N c ies Program �� Heritage - - via the A.s: Priority Postal Servico by certified or P ty mail (or otherr. sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice intent of with the conservation cc=aission and the DEP regional office? YE I X1 No 11 If yes please attach evidence of timely naming cr other delivery to the - Natural Heritage and Endangered species Program. • Part IZ: site Description indicate Which of the following information has been provided (on a plan, in narrative description or calculations) to i clea-rlyl completely and accurately d- ascribe axistir-g site conditions. Identifying Num-ber /Letter (of plan, narrative or calculations) ` Natural Features Survey _ _Soil soils _ Plan Vegetation _ . Sheets 2 -3 _ Topography -' Plan & Sheets 1 -3 Open water bodies (including ponds and lakes) - Pian _ Flowing w ater bodies_(inclu str e ams and rivers) ._ Plan Public and private surface water and ground Water supplies.- on or within 100 feet of:site _ N/A Heximum annual ground water elevations with dates and - location of test Plan Bounder =2s of-resource areas checked under Part 1, item 11 above - • , other - -Sheet 2, Plan han -riade Features- ". structures (such as huildings, piers, towers and Sheets 2, Plan headwalls) Drainage and flood control facilities at the site and J_mziediately off the site, including culverts and open channels (with inverts), d ,-, and dikes /A Subsurface sewage disposal syste - _ —N Underground utilities - - 3 - -3 3 -4 _Sheet 3, Pla,, Aozc':rays and parkiLg areas ' Plan Pr. : r_ P -y bouncr= i.e.,, :an and right,- of - ;ny other Part III: Work Description Indicate which of the following information has been provided (on a lan in narrative description or calculations) to p ' ciearl c describe work proposed within each of th y' completely and accurately e - resource areas checked in part I, item 11 above. Identifying Humber /Letter (of plan, narrative or calculations) Sheets 3 -4 planviev and Cross Sec } - on of structure s(such as buildings, piers; towers and headwalls) Sheets:-3-4- Drainage and flood control facilities, including culverts - and open channels (with inverts), daps and dikes J • N/A - subsurface sewage disposal systems L underground utilities N/A Filling, dredging and excavating, indicating volume and - composition of material - N/A Compensatory storage areas, where required in accordance With Part III, Section 10.57(4) of the regulations. P lan Wildl haLi *_at res`otacion or *_ - epiica:_ca area3 Other Joint source Discharge Z A Description of characteristics of discharge from point -- source (both closed and open.channel), when point of discharge falls within resource area checked under Part 2, item 11 above, as supported by standard engineering calculations, data and - plans, including but not linuted t the following: . 1. Detir of the drainage area contributing to the point of discharge; 2- Pre -and post - development Peak run -off fresa the drainage area, at the point of discharge, for at least the 10 -year " 100 -year frequency storm; 3 - Pre- 'arid Post dcvelopncnt rate of infittratiori contributing to the resource area checked ursicr part 1, itcl 11 above; - ;- ca red water Qu°litY eharacterisLics disharge_ of pre - and pest- d<yelopT nt runoff a-, the point of disc 3 -4 Part IY: Mititatinp Xe+sares :_ Clea.:v :aiately Frd ac=.a atety descr+se, with reference to scjrpertinq plans and calculations There ra�•- C +) ALL measures and deaigm prcpastd to meet the performsnca standard's set forth carrier es<4 resource area specified in Part II or Part III of the reMations; or (b) Vhy the pres=ptions set forth u:ier each resource area specified in Part II or Part III of the reyutatiors do not spply. - I 3_5 I 2. •• Ctearly, corpictcty and accurately describe, With reference to sLpporting plans and catcutatior_s S ere necessary: (a) all measures and designs to resutate Work Within the Buffer Zone so as to eiuvrc that said Work Foes not alter an area specified in Part I, Section 10.020)(a) of these regulations; or Cb) if Work in the Buffer Zone Will alter such an area, all measures and designs proposed to reef 'ha perforzante stanc'ards -- StALished for th- adjacrnr resource area, sxcified in Part i! or i - _ 'art 1!1 of these rtguiaticz:. Resource Area Type Bordered " -` Inland By ?pp_peet Discretionary one: Identifying number or ry letter of support documents See attached description 3 -6 FITZGERALD LAKE DAM REHABILITATION Limited project status The work on the dam is eligible for limited project status under §10.53(3)(1), "Maintenance, repair and improvement ... of... dams and reservoirs and appurtenant works to such dams and reservoirs... that existed on ... April 1, 1983." Project description The proposed work includes mechanical removal of brush and saplings on the dam embankments and dam base, repairing the crest of the dam, install roadway access gates, replacing the lake - outlet works and lining the pond drain pipes, replacing the outlet pipe endwall, and extending the dam core drains. All work is described in greater detail on the attached: April 25, 1996 Fitzgerald Pond Dam Inspection (Revised) by David M. Lenart, PE, Tighe and Bond (attached). 2. Relevant excerpts from the Project Manual, Construction of Fitzgerald Pond Dam Rehabilitation, City of Northampton, Office of Planning and Development, Northampton, Massachusetts, April 1996 by David M. Lenart, PE and John W. Powers, PE, Tight and Bond (attached). 3. Proposed Fitzgerald Pond Dam Rehabilitation, City of Northampton, Office of Planning and Development, Northampton, Massachusetts, April 1996, Sheets 1 -4, by David M. Lenart, PE and John Powers, PE (attached). 4. Fitzgerald Lake Dam, Plan View, Northampton GIS, May 21, 1996. Project mitigation This project has been designed to minimize impacts on the resource areas, especially land under water. When we sent out our request for proposals, most engineers suggested fixing the outlet control structures by draining the lake. We selected Tighe and Bond because their proposal presented a solution that does not require draining the lake. These documents referenced above show how all work will be done to minimize adverse impacts on the resource area. In summary: Bank Project will have minimal impacts on the bank. Most of the brush clearing is above the bank, although a very small amount may extent into the bank (which is roughly two feet above the summertime lake level) Clearing of brush and saplings (which is already permitted under Order of Conditions 246 -325 and other permits) is done by hand and retains enough grass cover to stabilize the site. The work on the lake - outlet control structure and the outlet headwall should have minimal impact on the bank. Most of the bank in this area is already covered with riprap and an existing headwall. The project manual explains other mitigation that will be used. Bordering Vegetated Wetland The only BVW to be disturbed is on the dam itself (the emergency spillway and the base of the dam). The disturbance will be to restore these areas to the condition that existed when the dam was built, i.e., some of the BVW that has grown on the dam itself will be disturbed and altered and a result of vegetation management. There will be no fill placed on the dam and/or spillway. Land Under Water There will be work in the area of the existing outlet control structures. Most of this area is underlain by riprap. Riprap will be repaired to restore it roughly to the condition that existed when the dam was built, as shown on the original construction drawings. As discussed above, the entire design concept for rehabilitating the dam is premised on minimizing the need to lower the water level in the lake during construction. This will preserve the lake habitat even during construction. Bordering Land Subject to Flooding All the work in land subject to flooding is designed to prolong the life of the dam, and thereby prolong its flood storage capabilities. Work on the emergency spillway will provide more storage for floodwaters. More importantly, this work will reduce the resistance to water moving over the spillway that is at risk of damaging the dam structure. No fill will be removed or added within the land subject to flooding. Buffer zone The project manual describes how erosion control facilities will minimize the impacts of work in the buffer zone. More importantly, by stabilizing the dam and especially the dam crest, we will reduce the existing erosion problem from the dam. part v: Additional Infor=atica for a Depar =ent of the A-= Pa= 1. COE Application. No. (to be provided by CoE) 2. Broad Brook and Fitzgerald Lake (Name of waterway) 3. Nacres and addresses of property owners adjoining your property: SEE ATTACHED ABUTTERS LIST 4. Docu=e nt other project alternatives (i.e., other locations and/or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands) . 5. 8� x 11 drawings in planview and cross - section, showing the resource area and the proposed 'activity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is recuired from the Division of Hater Pollution Control before the Federal permit can be issued. Certification may be obtained by contacting the Division of Hater Pollution Control, 1 Winter Street, Boston, Massachusetts 02108. 'Where the activity will take place within the area under the Massachusetts approved coastal Zone Management Program, the applicant certifies that his proposed activity complies with and Will be conducted in a manner that is - onsistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information is not provided, the application cannot be processed nor can .a per be issued. I hereby certify under the pains and penalties of perjury that the foregoing - Notice of Intent and accompanying plans, documents and supporting data are 'true and complete, to the best of my knowledge. . LA Zd 21 Signature of Applicant Date Signature of Applicant's Representative Date FORM " Exception to ENG Fora 43:5 approved by Ec=C"c, 6 May 1982^ XED 100 (TEST) 1 KAY E2 "This document contairs a joint Dcpar'.txnt of the Ar=y and State of Massaehtsetts application for a pemit to obtain permission to perform o activities in United States eaters. The Office of Maragt-ncnt and' BWget(Cr:3) has approved L�ose questions required by the us Ar:_y Corps of Engine -rs. 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To 1 1 C 1 1 7 m 0 D E E E N >, Ex [xl C a- t C v] L O : 1 1 d U O v] PROJECT MANUAL CONSTRUCTION OF FITZGERALD POND DAM REELABEFATATION CITY OF NORTHAMPTON OFFICE OF PLANNING AND DEVELOPMENT NORTHAMPTON, MASSACHUSETTS APRIL 1996 l 0 F CONSTRUCTION OF FITZGERALD POND DAM REHABILITATION OFFICE OF PLANNING AND DEVELOPMENT NORTHAMPTON, MASSACHUSETTS TABLE OF CONTENTS SECTION DESCRIPTION PAGE DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00030 Advertisement for Bids 00030 -1 to 00030 -1 00100 Instructions to Bidders 00100 -1 to 00100 -8 00300 Bid Form 00300 -1 to 00300 -4 00500 Agreement 00500 -1 to 00500 -2 00700 General Conditions 00700 -1 to 00700 -45 00800 Supplementary Conditions 00800 -1 to 00800 -8 02243 -1 to A. Standard Contract Forms 02616 Polyvinyl Chloride (PVC) Pipe and Fittings B. Minimum Wage Rates (Federal and State) 02616 -5 02700 C. Federal Provisions 02700 -1 to DIVISION 1 - GENERAL REQUIREMENTS 02900 01010 Summary of Work 01010 -1 to 01010 -2 01025 Measurement and Payment 01025 -1 to 01025 -3 01026 Schedule of Values 01026 -1 to 01026 -1 01040 Coordination 01040 -1 to 01040 -1 01050 Field Engineering 01050 -1 to 01050 -2 01090 Reference Standards 01090 -1 to 01090 -3 01300 Submittals 01300 -1 to 01300 -5 01310 Substitutions 01310 -1 to 01310 -3 01375 Schedule of Operations 01375 -1 to 01375 -4 01380 Construction Photographs 01380 -1 to 01380 -2 01400 Quality Control 01400 -1 to 01400 -5 01500 Construction Facilities and Temporary Controls 01500 -1 to 01500 -10 01545 Protection of Work and Property 01545 -1 to 01545 -3 01600 Control of Materials and Equipment 01600 -1 to , 01600 -4 01700 Contract Closeout 01700 -1 to 01700 -3 DIVISION 2 - SITE WORK 02100 Site Preparation 02100 -1 to 02100 -2 02220 Excavating, Backf ling, and Compacting 02220 -1 to 02220 -8 02226 Borrow Materials 02226 -1 to 02226 -6 02240 Pressure Grouting 02229 -1 to 02229 -3 02243 Haybale and Siltation Fence 02243 -1 to 02243 -3 02616 Polyvinyl Chloride (PVC) Pipe and Fittings 02616 -1 to 02616 -5 02700 Core Drainage Systems 02700 -1 to 02700 -3 02900 Loaming and Seeding 02900 -1 to 02900 -8 Tighe &Bond 1 -4 E. Adhere to the Owner's security and site access regulations. F. Contractor shall not except after written consent from proper parties, enter 14 or occupy with man, tools, materials or equipment, privately -owned land except on easements provided herein. G. Contractor shall assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the Contractor, it shall be restored by the Contractor, at his expense, to a condition equal to that existing before the damage was done. 01500 -5 Original printed on recycled paper 1.07 DRAINAGE AND EROSION CONTROL A. Surface and groundwater shall be pumped to maintain excavations free of water. Pump shall discharged into silt containment basins. Siltation prevention measures utilizing haybale and Geotextile fences for containment shall be taken to prevent discharge into nearby surface water bodies or the site drainage systems. 1.08 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas and open excavations. Provide barriers to protect existing facilities and adjacent property from damage. Provide warning signs and other temporary construction safety devices necessary for proper completion of the Work in compliance with pertinent safety regulations. 1.09 CONTRACTOR'S USE OF THE PREMISES A. Access to the site and use of all existing facilities by the Contractor shall be in strict accordance with all regulations, policies, licenses, guidelines, and permits required by local, State, and Federal agencies. B. Existing facilities damaged by the Contractor and designated to remain after construction, shall be repaired by and at the expense of the Contractor. Repaired facilities shall be restored to a condition meeting or exceeding their original integrity and appearance. C. The Contractor shall, at his cost and expense, and in strict conformity with the Specifications and Drawings, furnish all sheeting, shoring, bracing, scaffolding, tools, derricks, tackle, implements, machinery, and appliances of every kind necessary to properly perform the Work. D. Comply with Section 01700 for final cleanup requirements. 1 -4 E. Adhere to the Owner's security and site access regulations. F. Contractor shall not except after written consent from proper parties, enter 14 or occupy with man, tools, materials or equipment, privately -owned land except on easements provided herein. G. Contractor shall assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the Contractor, it shall be restored by the Contractor, at his expense, to a condition equal to that existing before the damage was done. 01500 -5 Original printed on recycled paper Tighe&Bond SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SUMMARY A. Section includes the documentation required for the transfer of the completed work to the Owner. 1.02 SUBSTANTIAL COMPLETION A. Procedure 1. Prior to requesting final inspection and project close -out, the Contractor shall assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection. 2. Within a reasonable period of time after receipt of the request, the Owner, Contractor, and Engineer will inspect the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, the Contractor shall remedy any deficiencies to be corrected or completed and the Work will be reinspected. Upon determination of the Work being substantially complete, the Engineer will: a. Prepare a "Certificate of Substantial Completion" which will accompany the list of remaining items to be completed or corrected. The Engineer will submit the c, tr ficate to the Owner and Contractor. 1.03 FINAL COMPLETION AND PROJECT CLOSEOUT DOCUMENTS A. The closeout submittals include but are not necessarily limited to: 1. Record Drawings - Submit record plans to the Engineer for review, approval, or comment. The plans shall show any and all deviations from the original plans, the location of all pipes. The plans shall depict the location of valves, piping, relocated items and all field changes. All underground work shall be fittings, bends, valves and other appurtenances shall be shown. 01700 -1 Original printed on; ecycled paper. Tighe &Bond 2. Evidence of compliance with requirements of governmental agencies having jurisdiction including, but not necessarily limited to: a • Certificates of Inspection b• Certificates of Occupancy 3. Evidence of payment and release of liens. 4. List of subcontractors, service Org vendors, including names, addresse, telephone numbers where they can be reached. 1.04 INSTRUCTION OF OWNERS PERSONNEL A. Provide instruction by qualified manufacturers' Proper operation, maintenance, adjustment and thesafet na in the materials furnished. S Y aspects of the S pecific instruction requirements may be included within the Sections of the Specification. 1.05 F1NAL CLEANING & REPAID A. Complete cleaning prior to final inspection. Cleanin interior and exterior surfaces exposed to view; remove temp include all stains and foreign substances. Thoroughly wipe clean all labels, exposed surfaces. Clean debris from site rake landscaped areas g' and B. Use only cleaning materials which will not create hazards to health th or C. Where material or debris has washed or flowed into or has been placed in existing watercourses, ditches, gutters, drains, pipes, structures, for Work done under the Contract work limits or elsewhere during the course of the I Contractor's operations, such material or debris shall be entirely removed and satisfactorily disposed during the ro ditches, channels, drains Pipes p gress of the Work, and the completion of the Work , p , structures, and work, etc., shall, upon be left in a clean and neat condition. D. On or before the completion of the Work, the Contractor shall ' otherwise especially directed or permitted in writing, tear down� and remove all temporary buildings and structures built by him; shall remove all temporary works, tools, and machine or other construction equipment furnished by him; shall remove, acceptabl disinfect, and cover all organic matter and material containing organic matter in, under, and around private privies, houses, and other buildings used by him; shall remove all rubbish from any grounds which he has occupied; and shall 01700_2 0 �' 9 'no 1 printed on recycled paper Tighe &Bond leave the roads and all parts of the premises and adjacent property affected by his operations in a neat and satisfactory condition. E. The Contractor shall restore or replace, when and as directed, any public or private property damaged by his work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of operations. To this end the Contractor shall do as required all necessary roadway and landscaping work. Suitable materials, equipment and methods shall be used for such restoration. The restoration of existing property or structures shall be done as promptly as practicable, as Work progresses, and shall not be left until the end of the contract period. 1.06 COMPLETION A. The Contract shall be considered complete and final payment made, only when: 1. All provisions of the Contract Documents have been strictly adhered to. 2. All damage to Owner's facilities and adjoining premises caused by the Work has been repaired. 3. The project and premises have been left in good order, including removal of all temporary construction, Contractor -owned and extraneous materials as required. 4. All warranties, maintenance instructions, releases, and permits called for in the Contract have been submitted to the Owner. 5. All Record Drawings as required by the Contract Documents have been submitted to the Owner. 6. All monies owed the Owner for services performed for the Contractor by Owner's forces in connection with the Contract have been paid. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 01700 -3 N311 \SPEC \C2 \01700 Onona( printed on recycled paper Tighe&Sond SECTION 02100 SITE PREPARATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Furnish all labor, materials, equipment and incidentals required and perform all clearing and grubbing complete as shown on the Drawings and as specified herein. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.01 CLEARING AND GRUBBING A. Except as otherwise directed, cut, grub, remove and dispose of all trees, stumps, brush, shrubs, roots and any other objectionable material on the upstream slope to the water line, crest, downstream slope, the emergency spillway and where required to construct the work. B. Protect trees or groups of trees, designated by the Engineer to remain, from damage by all construction operations by erecting suitable barriers, or by other approved means. Clearing operations shall be conducted in a manner to prevent falling trees from damaging trees designated to remain. C. Areas outside the limits of clearing shall be protected from damage and no equipment or materials shall be stored in these areas. D. No stumps, trees, limbs, or brush shall be buried in any fills or embank- ments. They must be disposal of off site. 3.02 DISPOSAL OF MATERIALS A. All tree trunks, limbs, roots, stumps, brush, foliage, other vegetation and objectionable material shall be removed from the site and disposed of in a manner satisfactory to the Engineer. a B. Burning of cleared and grubbed materials will not be permitted. 02100 -1 Original printed on recycled paper. Tighe&Bond 3.03 GRADING A. Grading in preparation for placing of loam, filling of voids from stumps and appurtenances shall be performed at all places that are indicated on the Contract Drawings, to the lines, grades and elevations shown and otherwise as directed by the Engineer and shall be performed in such a manner that the requirements for formation of embankments can be followed. All material encountered, of whatever nature, within the limits indicated, shall be removed and disposed of as directed. During the process of grading, the subgrade shall be maintained in such condition that it will be well drained at all times. When directed, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the prosecution of the work. B. If at the time of grading it is not possible to place material at its proper location, it shall be stockpiled in approved areas for later use. No extra payment will be made for the stockpiling or double handling of excavated material. C. The Engineer reserves the right to make minor adjustments or revisions in lines or grades if found necessary as the work progresses. END OF SECTION N3111SPEC1021 oo 02100 -2 Original printed on recycled paper. Tighe &Bond SECTION 02220 EXCAVATING, BACKFILLING, AND COMPACTING PART 1 GENERAL, 1.01 SUMMARY 14 A. Section includes excavating, backfilling, and compacting the site including gravel crest road, endwall, pipelines and the construction of fills and embanlanents as shown on the Drawings, as specified herein, and as of required to meet the proposed site work shown in the Contract Documents. B. Section includes, but is not limited to the following: 1 • The removal, handling, rehandling and disposal of any materials excavated including rock, organics, and undesirable soils or debris. 2• Providing dewatering, sheeting, and bracing fqr the safety of employees and protection of existing structures or work previously completed. 3. Compaction of soil materials utilizing approved methods and equipment to achieve not less than the minimum specified soil density. 4. Excavating, backfilling, and compacting for all Sub - Contractors. 1.02 REFERENCES A. ANSI/ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. B. ANSI/ASTM D698 - Test Methods for Moisture - Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5 lb. (2.49 kg) Rammer and 12 inch (304.8 mm) Drop. C. ANSI/ASTM D1556 - Test Method for Density of Soil in Place by the Sand -Cone Method. D. ANSI/ASTM D1557 - Test Methods for Moisture- Density Relations of Soils and Soil -Aggr - gate Mixtures Using 10 Ib. (4.54 kg) Rammer and 18 inch (457 mm) Drop. 02220 -1 Original printed on recycled paper Tghe&Bond E. ASTM G26 - Recommended Practice for Operating Light - Exposure A pparatus (Xenon -Arc Type) With and Without Water for Exposure of Nonmetallic Materials. 1.03 SUBMTITAL,S A. Provide samples as requested by the Engineer in the work such as borrowed oils, gralsand and one.to utilized B. Sheeting and bracing submittals shall include drawings and calculations for each cofferdam and sheeting installation required in the work. The calculations and drawings shall be Professional En rn eer Prepared, signed and stamped by a g' who is registered in the Commonwealth of Massachusetts and shall be in sufficient detail to disclose the method of Operation for each of the various stages of construction required for the completion of the substructures. Such submission and review will b made before any work is started. shall not relieve the contractor of the responsi e revie design e r the Engineer at any location shall be constructed usininterlocked comerp ee t the four (4) corners. Running straight sheets "by" corner sheets will not be allowed. Care shall be oaken to' and removed. rev nt voids behind sheeting, but if voids are formed, they shall be immediately filled C. Provide surface water dewaterin g' siltation control devices. equipment, piping and pumps and D. Prior to starting work, the Contractor shall submit performance data for the compaction equipment to be utilized. lifts shall be determined by the En The maximum depth of material compaction testin Engineer and may be verified by field g Sufficient leveling and compacting equipment shall be provided to do the work of spreading and compacting the material Promptly after it has been deposited. When, in the En gi n eer's such equipment is inadequate to spread and compact the aterial d o penly, the Contractor shall reduce the rate of excavation and placing of the fill or employ additional equipment. 1.04 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen experienced in the necessary crafts a who who are trained and are c the specified requirements and methods required for proteer familiar with Of this work in this Section. proper performance B. Use equipment of adequate size, capacity, and quantity to accomplish the work of this Section in a timely manner. 02220 -2 0n nal pnnted on recycledA�p,r Tighe&Bond C. Comply with the directions of the Engineer and the requirements of governmental agencies having jurisdiction. PART 2 PRODUCTS 2.01 FILL MATERIALS A. Fill material is subject to the approval of the Engineer and may be that material removed from excavations or borrowed from off site. All material, whether from the excavations or borrow, shall be of such nature that after it has been placed and properly compacted, it will make a dense, stable fill. It shall not contain vegetation, masses of roots, individual roots more than 18" long, or more than '/2" in diameter, stones over 6" in diameter, or porous matter. Organic matter shall not exceed minor quantities and shall be well distributed. B. Borrow and/or excavated material where called for under building foundations and slabs shall comply with the applicable requirements of Section 02226. C. Frozen material shall not be used as backfill nor should bAckfill be placed on frozen material. PART 3 EXECUTION 3.01 PREPARATION A. Care and Restoration of Property 1 • The Engineer shall identify poles, property line markers and other structures which must be preserved and protected in place by the Contractor. 2 . The restoration of existing property or structures shall be done as Promptly as practicable and shall not be left until the end of the construction period. 3. The Contractor shall not use or operate excavators, bulldozers, or other power - operated equipment with treads or wheels which are so shaped as to cut or otherwise injure the surfaces. All surfaces which have been damaged by the Contractor's operations shall be restored to a condition at least equal to that in which they were found immediately before work was begun, at no additional cost to the Owner. Suitable materials and methods shall be used for such restoration. 02220 -3 G'r rnol printed on recycled paper. Tighe&Bond B. Public Safety and Convenience 1. The Contractor shall be responsible for the maintenance of traffic over, through and around the work included in the Contract with the maximum of safety and convenience to the traffic during the life of the Contract. The Contractor shall take all precautions for preventing injuries to persons or damage to property in or about the work. 2. The work shall be carried on in such a manner as to provide safe passage at all times for public travel and with least obstruction to traffic. The convenience of the site personnel shall be provided for in an adequate and satisfactory manner. 3. In the event that the Contractor fails to comply with the provisions of this Article, then the Owner shall proceed to make such required improvements, detours, by- passes, etc., as it believes necessary. The Owner shall, at his own discretion, either proceed with said work immediately or after a time limit specified in a notice to the Contractor. The cost of said work will be borne by the Contractor, at no additional cost to the Owner. ' t C. Vertical and Horizontal Control ! 1. The Engineer will provide a vertical benchmark and baseline for locating the principal parts of the work. The Contractor shall layout the work, locating and identifying points for construction. The Contractor shall provide all protective stakes, batterboards and temporary structures required to protect the baseline and construction layout points. If the baseline is lost through the neglect of the Contractor, it must be reestablished at the Contractor's expense. Reference Section 01050 - Field Engineering. D. Removal of Water 1. Anti - siltation measures shall be provided as required by the Contract Documents. The dewatering operations and earthwork shall be performed with siltation barriers and performed in such a manner as to prohibit siltation of the adjacent waterway. 3.02 INSTALLATION A. Sheeting and Bracing 1. Design, furnish, install and maintain sheeting, bracing and cofferdams as shown on the drawings or as may be necessary for 02220 -4 Origtnal printed on recycled paper. Tighe &Bond safety of personnel, protection of work, adjacent work, utilities and structures, and as required by Regulatory Agencies. Maintain shoring and bracing for the duration of the work. 2. Drive sheeting ahead and below excavation to avoid loss of materials from below and from the front of the sheeting. Trench sheeting is to be driven a minimum of 2 feet below the bottom of the excavation. 3. Sheeting not left in place shall be removed so to not endanger the construction or other structures. All voids left or caused by the withdrawal of sheeting shall be backfilled and compacted by water puddling or mechanical means. 4. The Engineer may order the placement of additional bracing or supports if required for protection of personnel and property. The costs of providing additional supports shall be borne by the Contractor, at no additional cost to the Owner. B. Trench Excavation 1. Trench excavation shall be performed with equipment selected to minimize damage to existing utilities or other facilities. Hand excavation shall be performed as necessary to locate utilities, avoid damage, or when requested by the Engineer. 2. The final 6" of excavation and grading of the trench bottom shall be done by hand and shall be carefully carried out so as not to disturb material below the grade required for setting the pipe or appurtenances. If satisfactory material is not found at the normal bottom of the trenches, the Contractor shall, when directed, excavate and dispose of such unsatisfactory material. The resulting extra depth of excavation shall then be backfilled to grade with borrow material as directed by the Engineer. Extra excavation as called for by the Engineer will be measured in place and paid for under the provisions of Article 72 of the General Conditions. 3. Pipe trenches shall be made as narrow as practicable and shall not be widened by scraping or loosening materials from the sides. Every effort shall be made to keep the sides of the trenches firm and undisturbed until backfiIling has been completed and consolidated. 02220 -5 Orgrnal printed on rectcled paper. Tighe &Bond I C. tp Trench Backfilling and Compaction I� 1. Unless otherwise specified or indicated on the drawings, material used for backfilling trenches shall be suitable material removed during excavation. The Engineer may require the stockpiling, ` drying, blending and reuse of materials from sources on the -� project. j 2. Trench backfilling and compaction methods shall obtain 95 % of maximum dry density at optimum moisture content as determined IN in accordance with ASTM Standard D698 -70 or D1557 -70 and amendments thereto. t� 3. No stone or rock fragment larger than 6" in greatest dimension shall be placed in the backfill. Large masses of backfill material shall not be dropped into the trench endangering the pipe or adjacent utilities. Structure Excavation r0 1. Excavation shall be true to the lines and grades shown on the plans. The final 6" shall be finished by hand. Final grading shall be done in such a manner as not to disturb the on -grade material. The Contractor will be required to recompact the graded surface prior to proceeding with the work. 2. All concrete foundations and walls shall be placed in undisturbed IN earth unless otherwise ordered by the Engineer or indicated on the plans. Over excavation for any foundation or wall not directed by the Engineer shall be refilled with concrete with a 28 day strength of 2,000 psi, all costs and work involved being borne by the Contractor. 3. If satisfactory material is not found at the lines and grades required on the Plans, the Contractor shall, when directed by the Engineer, excavate and dispose of such material. 4. If soils of sufficient bearing capacity are encountered at depths from 0-4' below the lines and grades called for on the Plans, foundations will then be constructed at this lower grade at the direction of the Engineer. 5. Should excavation exceed 4', then the total resulting extra depth of excavation shall be backfilled to grade with gravel borrow at the direction of the Engineer, and the foundations will be constructed thereon. 02220 -6 0niginal printed on recycled paper. Tighe &Bond r a y r 1 4 6. This backfill to the grade shown on the Drawings shall be made in 6" layers and each layer shall be compacted to 95% of its maximum dry density as determined in accordance with ASTM D1557 - Method C by mechanical means. Compaction tests for this work shall be run by the Owner's representative and results will be considered final. The compacted backfill shall extend beyond the extremities of walls or footings under which it is to be placed a minimum of 4' in every direction. The moisture content of the backfill shall be maintained within ±3 % of the optimum moisture content. E. Structure and Foundation Backfilling & Compaction 1. Unless otherwise indicated on the drawings, material used for backfilling around and under structures shall be suitable material removed during excavation. The Engineer may :require the stockpiling, drying, blending, and reuse of materials from sources on the project. Clay, silt, rock and uncompactable soils will not be considered suitable. 2. Structure backfilling and compaction methods shall obtain 95 % of maximum dry density at optimum moisture content as determined in accordance with ASTM Standards D698 or D1557 and amendments thereto. Results will be considered final. The compacted backfill shall extend beyond the extremities of walls or fittings under which it is to be placed a minimum of four feet in every direction. 3. Backfill shall not be placed against or in structures until they have attained sufficient strength to support the loads to which they will be subjected. This determination may be dependent upon receipt and evaluation of compressive cylinder test results_ Special leakage tests may be required by the Engineer prior to backfilling. No tankage is to be backfilled or allowed to be filled with water prior to completed floor slab construction and expiration of adequate concrete curing time. 4. Backfill shall be placed in 6" layers unless otherwise directed in writing by the Engineer. Failures, ruptures and settlements resulting from poor compaction and soil placement techniques shall be the full responsibility of the Contractor. Any corrective work shall be performed at no additional cost to the Owner. 02220 -7 Original printed on recycled paper. Tighe&Bond I F. Embankments and Non - Structural Fill 1. Embankments and fill material shall be material removed during excavation that meets the requirements of Section 02226. If excess material is not available, the Contractor shall furnish, at his cost, borrow material which meets the requirements of Section 02226. I 2. Before placing of any fill, the areas under embankments shall be cleared, grubbed and stripped. I 3. Frozen material shall not be placed on embankments nor shall embankment be placed on material frozen to a depth of over 3 ". If during the construction of an embankment, the top layer becomes frozen to a depth of over 3 ", the frozen material shall be removed before a succeeding layer is placed on the embankment. This work shall be performed at no additional expense to the Owner. Frozen excavated material which, when dry, can be used as embankment material, shall be allowed to thaw and dry and then be placed in the embankment. No compensation will be allowed for the storing and rehandling of these materials. 4. Embankments shall be formed by placing successive 6" layers of material uniformly distributed and compacted over the full width of the cross section utilizing approved compaction equipment. END OF SECTION N311 \SPEC\02220 02220 -8 Original printed on recycled popes r t 7 0 J n Tighe&Bond SECTION 02243 HAYB E AND SILTATION FENCE PART 1 G ENERAL . 1.01 SUMMARY A. The Contractor shall perform surface protection, erosion control work and surface restoration as shown on the plans and specified herein. The major portions of the work include: 1. Place and maintain both haybales and a staked filter fabric siltation fence between the area of construction and the surrounding wetlands where shown on the plans. 2. Erosion control, mulch and netting, and seed for the surface restoration of all areas disturbed during construction activities. B. The measures specified herein are the minimum requirements which the Contractor shall comply to control erosion and to restore the surface to its original condition. The Contractor shall provide additional work if necessary to control erosion and siltation throughout the duration of construction. 1.02 SUBMITTALS A. Submit to the Engineer, as provided in Section 01300, material specifica- tion and shop drawings for all materials and equipment furnished under this Section. PART 2 MATERIALS A. Bales of hay required for siltation control shall be wire tied bales of the type normally used for siltation or erosion control on construction projects. B. Filter fabric siltation fencing shall be a non -woven filter fabric having a weight of at least 2.5 ounces per square yard, a thickness of at least 17 mils, a coefficient of permeability of not less than 0.0009 centimeters per second and allows a water flow rate of a minimum 40 gallons per minute per square yard. The material shall have a high sediment filtration capacity, high slurry flow and minimum clogging characteristics. The material shall be equal to 100x as manufactured by Mirafi, Inc., Charlotte, North Carolina. 02243 -1 Original printed on recycled paper. Tighe &Bond PART 3 EXECUTION 3.01 HAYBALES A. The Contractor will be responsible for two (2) separate items of construc- tion under this item, namely: a. The control of erosion and siltation during the construction. This is expected to require mulching, hay bales, siltation fencing, diversion and control of storm water run -off, ponding areas and similar methods. b. Restoration of the ground surface in areas which are brush and/or wooded prior to the start of construction. This is expected to require machine spreading of existing stripped surface soils (loam and humus), lime, fertilizer, seed and mulch, and jute netting where required by steep slopes. B. Hay bales shall be installed by anchoring bales butted together to existing ground with at least two (2) stakes per bale. The stake shall be a minimum of 1" square cross section and shall be long enough to penetrate 12 inches into the ground. Deteriorated hay bales shall be replaced at the direction of the Engineer. The haybales shall be removed and disposed of following the successful growth of vegetation in the areas disturbed by the construction. The removal of the hay bales will be at the direction of the Engineer. On embankment areas and on flat areas adjacent to wetland areas, the hay bales shall be installed continuously between the construc- tion site and the wetland area as directed by the Engineer. C. Install haybales where shown on the Plans. 3.02 SILTATION FENCE A. In addition to the staked hay bales, a filter fabric siltation fence shall be installed prior to construction and removed after full surface restoration has been achieved. The siltation fence shall be installed parallel and adjacent to the hay bales on the side of the hay bales away from the stream or wetland area (uphill direction). Installation shall be as follows: 1. Hand shovel excavate a small trench on the upstream side of the desired fence line location. 2. Unroll the siltation fence system, position the post in the back of the trench (downhill side), and hammer the post at least 1' /2' into the ground. 02243 -2 Original printed on recycled paper. 4 Tighe &Bond 14 3. Lay the bottom 6 inches of the fabric into the trench to prevent undermining by storm water run -off. if 4. Baclff' the trench and compact. Compaction is necessary to prevent the run -off from eroding the baclffill. 14 B. The Contractor shall control surface waters within the construction area through the use of temporary culverts or other means approved by the Engineer. END OF SECTION N311 \SPEC\02243 4 1 ■ ■ N 02243 -3 On'ginal printed on recycled paper ,4 -7 le : 4 rtY -e !`e.a... City of Northampton, Massachusetts Office of Planning and Developments r City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission May 30, 199 Hanni Dinkeloo, Environmental Reviewer Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135 Westborough, MA 01581 RE: Northampton Fitzgerald Lake Dam Rehabilitation Notice Dear Ms. Dinkeloo: P 489 932 936 US Posta! Service Receipt for Certified Mail No insurance Coverage Provided. Do not use for International Mail (See reverse) Se4,to Street & Number ,c/tf� -r.r l /fr r 3c /Ivr>c fSS' Pogt Office, State, & ZIP Code Postage I $ U Certified Fee Special Delivery Fee I i Restricted Delivery Fee LO Retum Receipt Sho Whom &Date ¢d1 O k n Rehm Receipt b Q Dale, & Addre e9" ddr r 0 TOTAL Poste& Fees CO ch Postmark or 1 4 E15SD LL G3 rn a Enclosed is a copy of the Notice of Intent we are filing with the Northampton Conservation Commission to rehabilitate the Fitzgerald Lake Dam. We would appreciate your comments. We hired Tighe and Bond to do the engineering for this project, although they were not the lowest bid, because they were able to design the rehabilitation in a way that minimizes the need to lower the water level in the dam. All other designers said that there standard design practices would either require that the entire lake be drained or that large and expensive coffer dams be built. As you will note in the design, Tighe and Bond has designed the work so that the lake level will be lowered approximately two feet during construction, and the final lake level will be restored relatively quickly. We believe this is the best way to rehabilitate the dam. We are very concerned that if we do not rehabilitate the dam it will fail, and then we would not be able to replace the r,. ID SENDER: g • Complete items Land /or 2 for additional services. I also wish to receive the m • Complete items 3, and 4a & b. following services (for an extra m • Print your name and address on the, reverse of this form so that we can fee)' m return this card to you. m • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address m fn does not permit. _ • Write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑ . Restricted Delivery d •m • The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. m v 3. Article Addressed to: 4a. Article Number W d Hanni Dinkeloo P -489- 932 -936 c E a Natural Heritage Program 4b. Service Type El Registered El Insured m W u Route 135 Certified El COD c w Westborough, MA 01581 El Express Mail El Return Receipt for 5 Cc Merchandise G 7. Date of Delivery •° Q o CC 5. Signature (Addressee) 8. Addressee' Address (Only if requested X and fee is paid) is w 6. ginature A en H 0 _ y PS Form 3811, December 1991 u.s.GPO:1ee3- 352a14 DOMESTIC RETURN RECEIPT act me if you have any I Doc; 960023L . ,1 /4989/0342 10/10/199615;46 310CMR 10.99 DEP File No. 246 -389 (To be provided by DEP) Form 5 City /Town Northampton Applicant Office of Planning & Dev. Commonwealth Map # 7 Parcel 1 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 Name of property owner Name of Applicant City Hall, 210 Main Street, Northampton City Hall, 210 Main Street, N'hamp. Address Address This Order is issued and delivered as follows: [X] by hand delivery to applicant or representative on July 25, 1996. [ ] by certified mail, return receipt requested on (date) This project is located in Northampton at the Fitzgerald Lake Conservation Area. The property is recorded at the Registry of Hampshire County Book 1951 Page 261 Certificate (if registered) N/A The Notice of Intent for this project was filed on June 11, 1996. The public hearing was closed on July 8, 1996. 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 [X] Flood Control [ ] Land containing shellfish [ ] Private water supply [X] Storm damage prevention [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [X] Protection of Wildlife Habitat Total Filing Fee Submitted $0 State Share $0 (1/2 fee in excess of $25) City Share $0 Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wp \conscom \order.cc) Doc; 96002392108 PrA9I0343 10/10/19% 15;48 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 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. page 5 -2 (memorex \wp \conscom \order.cc) Dots 960023927 OR ,,3/0344 10/10/1996 15;48 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- ". 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: Proposed Fitzgerald Pond Dam 04/ - -/96 Rehabilitation, Sheets 1 - 4 Fitzgerald Lake Dam, Plan View 06/20/96 All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) Doc; 96002392108 /498910345 10/10/199615:48 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. 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. 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. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. 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 Professional Engineer. 23. If checked:[ ] YES An "As Built" plan shall be included with the project engineer's certification, detailing the post - development conditions of the site: 24. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: - - -- Maintenance, to include mowing and removal of woody vegetation, shall be allowed beyond the life of this Order of Conditions. page 5 -4 (memorex \wp \conscom \order.cc) Doe: 960023927 , /4989/0346 10/10/199615;48 25. 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 for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. 26. Prior to construction, the applicant shall provide to the Conservation Commission an erosion and sedimentation control plan that shall be incorporated into this Order by amendment and that shall be followed during the course of construction. 27. 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. 28. Once erosion control devices are installed, the applicant shall notify the Conservation Commission that the installation has been completed, prior to the commencement of any site work. 29. Cutting of trees located within the spillway shall be allowed prior to installation of the siltation barrier, as long as stumps are not removed or unearthed. 30. All silt fencing and erosion control devices shall be installed prior to removal of stumps and shrubs within the spillway. 31. Haybales /silt barriers shall be inspected at the close of each work day, and after each rainstorm. Any breaches in the siltation barriers shall be repaired prior to the continuation of work. There shall be an additional supply of erosion control devices on site to effect repairs of existing erosion control structures, if required. 32. Flags shall be checked and replaced as necessary prior to the start of work. 33. Vehicles and /or equipment shall enter the project site only by the access route specified on the plans and approved by the Conservation Commission. 34. No equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans and within information approved with the issuance of this Order of Conditions. 35. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland /resource area and buffer zone. 36. Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. 37. Erosion control devices shall be inspected regularly. Any entrapped silt shall be removed to an area outside the buffer zone and wetland resource page 5 -5 (memorex \wp \conscom \order.cc) Doc; 960023927 ,, /4989/0341 10/10/199615; areas, and hay bales or other devices shall be replaced as necessary. 38. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established, following Natural Resources Conservation Service (NRCS) procedures, to prevent erosion and sedimentation. If the season is not appropriate for plant growing, exposed surfaces shall be stabilized by straw, jute netting, or other SCS- approved methods. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. 39. Work shall either be i) conducted/ completed from June 1st to September 15th, or ii) conducted in a manner which maintains the level of water at the depth recommended by the Division of Fisheries & Wildlife for the protection of the Spotted Turtle habitat. 40. Erosion control measures shall be implemented as outlined in the project manual until all disturbed areas are stabilized. 41. This project is deemed a "limited project" under 310 CMR Section 10.53(3)(I). 42. Replication of the wetlands removed to clear the dam's spillway shall not be required. page 5 -6 (memorex \wp \conscom \order.cc) Doc; 960023927 /4989/0348 10/10/1996 15:48 Issued By Northampton Conservation Commission Signatures: On this yVk- day of 1996, before me personal ly appeared /z t ; 6n Jjjn f V n c l to me known to be the person described in and executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. tary Public ! My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the City or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date`of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE- -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at File Number 246- has been recorded at the Registry of Hampshire County and has been noted in the chain of title of the affected property in accordance with General Condition 8 on , 19 - If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant page 5 -6 (memorex \wp \conscom \order.cc) ATTEST: HAMPSURE. � � REGIST12 MARIANNE L. DONOflUE This Order must be signed by a majority of the Conservation Commission. 310 CMR 10.99 Form 2 DEP File No. ` 246 - -A. (To be provwed by DPP) y :, Commonwealth City,rown Northampton of Massachusetts c n F=- ' Applicant �� "i.. Date Request Filed Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation C ommi gsi nn Issuing Authority �, dry rV Nc -"k'i �tft,hP r K ­J :N�. r Vr� Clofmi' - 4 S�tC�1 TO G Ct7..t� You ,ctrl C N CC'r+ (Name of person making request) (Name of property owner) .� IL r)' AFI r4 ,I "Y1 5'7�f't ' Address rq PM+ py v'M t4 r'""' 0 C" Address This determination is issued and delivered as follows: X by hand delivery to person making request on - No 'JeJ'r6eP -_ - � (date) D by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): Location: Street Address ITZt e� Pie ttKe c� �st�Lv.4 r�'a^' '`3c s� , Lot Number: QMAP ID #) -- -_J` ,+`3 This Det The area descibeTbelowlAich includes alllpart of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the fiiing of a Notice of Intent. 2. - The work described below, which includes all /part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore, said work requires the filing of a Notice of Intent. Effective 11!10/89 2 -1 3. The work described below, which includes all; part of the work descrlDec•in your request, is within. the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Unoer the Act. Therefore. said work requires the filing of a Notice of Intent. This Determination is negative: 1. G The area described in your request is not an Area Subject to Protection Under the Act. 2. The work described in your request is within an Area Subject to Protection Unger the Act, but will not remove, fill. dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in your request is within the Buffer Zone, as defined in the regulations. but will not alter an Area Subject to Protection tinder the Act. Therefore, said work does not require the fillno of a Notice of Intent. 4. G The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemptfon,as specified in the Act and the regulations, no Notice of Intent is required: Issued by On this . day of �� ' 1 o v ?4� before me personally appeared � i'1 a ''_, �'/.`'' -r r) /1 , to me known to be the person described in, and who executed, the foregoing instrument, and ackniowledaed,tbat he!shg executed the same as his /her free act and deed_ I : Notary Public My commission expires This Determination does not relieve the applicant from complying with all other applicable federal. stag c' Iota! statutes. ordinances. by - taws or regulations, Tn s Determination shall be valid for three years form the gate of issuance The applicant, the owner. any person aggrieved by this Determination, any owner of land abutting the lane upon wnica the proposed work ds to be done, or any ten residents of the city or town in whicn such land is located, are nereby notiiteo of tneir rich to reaues: the Deparinen, of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is maoe py certified mail or hand delivery to the Department, with the appropriate filino iee and Fee Transminal Form as provioed in 310 CM=, 10.0317) within ten oays from the date of rssuance of this Determination. A copy of the reouest shall at the same time be sent by ceriitiec mail or nano oenvery to the Conservation Commission and the apphcan.. M 2 -2A This Determination must be signed by a majority of the Conservation Commission. City of Northampton, Massachusetts Office of Planning and Development City Haii • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission December 6, 1993 Paulette Kuzdeba Senior Planner Northampton Conservation Commission City Hall, 210 Main Street Northampton, MA 01060 RE: DEP File #: 246 -322 Map ID: 12 -29 Dear Ms. Kuzdeba: on behalf of the office of Planning and Development, I would like to request a Certificate of Compliance for the above referenced project, accessibility improvements at the Fitzgerald Lake Conservation Area. The project was completed this fall. The parking lot and trail improvements, including a wheelchair accessible asphalt and boardwalk trail from the parking lot to the canoe launch, are largely as submitted in the original Notice of Intent. The changes from the original design were all verbally approved by the Conservation Commission. These changes are as follows: 1. The route of the trail was routed 0 to 30 feet west of the original planned location (but all within the same bordering vegetated wetland). This re- routing was to make construction easier. There is no change in the amount of BVW or any other resource impacted by this project. 2. More boardwalk was installed, and less gravel fill, than originally planned. By using boardwalk instead of fill, the trail was above to be moved the 0 to 30 feet to the west, and the route was slightly shorter than otherwise planned. 3. The asphalt path is five feet shorter than originally planned. 4. Wood, rather than concrete, supports were used. We are requesting that the final Certificate of Compliance allow the following maintenance work as an on -going condition. None of these conditions would involve any adverse impacts on the resource areas. NINE COPIES OF COMPLETE FILING TO THE NORTHAMPTON CONSERVATION COMMISSION ONE COPY OF CON °.TE FILING TO DEP, Wetlands Divi )n, SP15INGFIELD 310 CMR 10.99 r, .00 CHECK PAYABLE TO: THE CITY C—JORTHAMPTON Form 1 DEP Foe N o. 246- — � _ (TO be W71*ed by DEP) = Commonwealth c4ty - roor. Northampton : of Massachusetts Aaarcan; Northampton Planni Office Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c, 131 §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE_ 1. L the undersigned, hereby request that the Northampton Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request) ATTACH LOCUS MAP SHOWING SITE LOCATION. Location: Street Address Fitzgerald Lake Conservation Area, North Farms Rd Lot Number: e 7 -35 & 12 -7 Request is for two areas at Fitzgerald Lake Conservation Area 1) Cookes Pasture 2) A Meadow south of Fitzgerald Lake (see attached plans) I 3. The work in said area is described below. (Use additional papet. ff necessary, to describe the Proposed work.) All work described below is for wildlife habitat imp * rovements 1) Cut 80% of woody vegetation in former pasture area maintair<�ng a 50 foot, - more or less, buffer from the edge of the wetland. 2) .Cut specific trees within wetland buffer (no more than 20% of woody vegetation). 3) Prune apple trees throughout former pasture.and cut trees that are crowding the apple trees. 4) Apply herbicide to cut stems of select non - native plants. 5) Chip or otherwise chop up cut vegetation. 6) Stack cut vegetation as brush piles. Effective 11n0/891 4. Tne owner(s) of the area. if not the person making this request. has been given written notification of this recueston October 1, 1996 (date) The name(s) and address(es) of the owner(s): Northampton Conservation Commission City Hall, 210 Main St. Northampton, MA 01060 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection 10/1/96 (date) DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 3 6. 1 understand that notification of this request will be placed in a local newspaperat my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that l will be billed accordingly. if amer, I also grant permission far the Conservation Curmission to inspect my property prior to the Public Hearing. - For the Office of Planning & Development Signature Gy Ji l Name Wayne Feiden Office of Planning & Development `• Address City Hall, 210 Main St., Northampton M Tel (413) 586 -6950 01060 1 -2 y�, 2 02 ^ ^ il n J . 3 10CMR 10.991 DEP File No. 246 - Form 5 (To be provided by DEP) C ity /Town North am�ton CommonmeaZth O 11192 Applicant f Nassachuse is OFFT F nF prATnr CITY O T` ING & DEVELOPME] Order of Conditions NORTHAMPTON Massachusetts Wetlands Protection Act and the North G•L, c. 131, 540 Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To OFFICE OF PLANNING & DEVELOPMENT (Name of Ap licant) CONSERVATION COMMISSION Address CITY ALL, 210 MAIN STREET (Name of property owner) Address CITY HALL, 210 MAIN This Order is issued STREET and delivered as follows: [XQ by hand delivery to applicant or representative on ,S [ l by certif'ed mail return _ - 1 3 (date) receipt requested quested on project is located in Northampton at FITZGERALD LA KE (date) The property is recorded at the Registry of Hampshire Count Book 1951 y Page 261 Certificate (if registered) The Notice of Intent for this project was filed on 4 The public h /28/93 hearing was closed on ' / /0/ 2 (date) Findings (date) The Northam ton C of Intent and nseiv `ion COmmissior.�+ pla s and has held a as reviewed the above - referenced Notice information avail e to the Conservation h has d nservatio Commis on the project bl . e o n the etermined t at the mmiss Based ion at t Commission S ignificant to th a area on which the proposed his t�fie. the Co Significance set nce with t followin P posed work is orth g interests in ac e re sumptions of be done is Under the Act in the regulations for each he Pre (ch ck as, appropriate) Area Subject to Protection [ l Public water supply Y [Xl Flood Control [ l Private water Supl [ l Land containing [ ] Ground water s ppl [Xl Storm dama shellfish Y [Xl Prevention ofprevention pollution [ l Fisheries [ l Protection of Total Filing Fee Sub i t ed none Wildlife Habitat t City tate Share 0 Y Share 0 Total Refund Due $ (1/2 fee in excess of $25 City Portion $ ) (1/2 total) St ate Portion $ (1 /2 total) — "'-- -- age 5' -1 (memorex \wp \conscom \order.cc) t I Therefore, the North pton Conservation Commission hereby finds that the following condit a e necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above. The Conservation COnmissiqn orders that all work shall be performed in accordance with said conditions nd with the Notice of Intent referenced above. To the extent that th fol owing 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 statutes comply with all conditions stated herein, and with all related and modify this other regulatory measures, shall be deemed cause to revoke or Order. 2. The order does it does not not grant any property rights or any exclusive privile es; authorize private rights. any injury to private property or invasion of 3. This Order necessity of does not relieve the permittee or any other person of the complying with statutes, ordinances, all other applicable federal, state or local by -laws or regulations. 4. The work authorized the date of hereunder shall be completed within three years from this Order (a) the work unless either of the following apply: is Act; a maintenance dredging project as provided for in the Or (b) the t'me than for completion has been extended to a specified date more three but issuance years, less than five years, from the date of and both that date and the special circumstances the extended warranting time period are set forth in this order. 5. This Order periods of may be extended by the issuing authority for one or more up to three authority at years each upon application to the issuing least 30 days prior to the expiration date of the Order. 6. Any fill used containing no in connection with this project shall be clean fill, trash, to lumber, refuse, rubbish or debris, including but not limited ricks plaster, ashes, refr wire, lath, paper, cardboard, pipe, tires, motor vehicles The applicant or parts of any of the foregoing. is I lprohibited from using demolition materials, large chunks asphalt, of ca crete, tree stumps and limbs, and general refuse; 7. No work shall this Order have be undertaken until all administrative appeal periods from proceedings, a apsed or, if such an appeal has been filed, until all before the Department have been completed. 8. No work shall. Registry of be undertaken until the Final order has been recorded in the Deeds the located, wit or Land Court for the district in which the land is in the chain of title of the of recorded affected property. In the case and, the Final Order shall also be noted in the Grantor Index Proposed work Registry's under the name of the owner of the land upon which the is Order shall to be done. In the case of registered land, the Final also be noted on the owner of the Land Court Certificate of Title of the lands upon which the recording in proposed work is to be done. The ormati�on shall be proposed work is to be done. The information shall this Order prior recording be submitted to the Commission on the fom at the end of t& commencement r ion record the Order of the work. The Commiss usually will in the Registry of Deeds. responsibility It is the applicant's to insure the order is properly recorded. 9. A sign shall be displayed at the site not less than two square feet or Page $-2 (memorex \wp \conscom \order.cc) more than three square feet in size bearing the works, "Massachusetts Department of Environmental Protection, File Number 246- 1. 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: F ITZGE RA L D LA EMBA PROFILE (looki d FITZGERALD LAKE EMERGENCY SPILLWAY PROFILE All Plans on File with Northampton Conservation Commission Special Conditions: 13) All construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 14) No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in the U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts ". Placement shall be directed at the site by the project engineer in order to accomplish maximum control of erosion and ensure than no eroded materials will reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed in a dug trench with sufficient porosity to allow detained water to pass while trapping suspended sediments; 17) The areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18) This Order of Conditions shall apply to any successor in interest or successor in control; 19) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary for that evaluation; page 5 -3 (memorex \wp \conscom \order.cc) 20) The Applicant shall notify the Commission, in writing, as to the date that work will be commencing on the project. Said notification must be received by the Commission no sooner than ten (10) days and no later than five (5) days prior to the commencement of the approved activity; 21) The owner of the property described in this Order must advise any potential buyer of the property that any construction upon or alteration to said property, including brush clearance, may require action by the Northampton Conservation Commission and any instrument conveying any or all of the owner's interest in said property or any portion thereof shall contain language substantially as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, the Wetlands Protection Act, an Order of Conditions, and /or a Determination of Applicability from the Northamptton Conservation Commission "; 22) The contractor is responsible with the applicant and property owner for any violation and the penalties under the law for such violation. While all activities regulated by this Order are being performed and during the construction phase for this project, an on -site foreman, or project engineer, shall have a copy of this permit at the site, be familiar with the conditions of this permit, and adhere to such conditions. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 23) All required permits must be obtained from the Planning Board, Zoning Board, Department of Public Works, & Building Inspector prior to the start of this project and all permits must be complied with. Army 404 permits and Water Quality Certifications must be obtained prior to the start of projects involving fill within wetlands; 24) Upon completion of the project, the Applicant shall submit a statement that all work has been done in conformance with the provisions of the approved Order of Conditions and request a Certificate of Compliance. (if checked) Statement shall be by a Professional Engineer or by a Wetlands Consultant who has been approved by the Commission: [ ] YES [X'] NO 25) (if checked) An "As Built" plan shall be included with the project engineer's statement, detailing the post- development conditions of the site: [ ]YES Q6 NO. 26) page 5 -4 (memorex \wp \conscom \order.cc) LL y Issued By Northampton Conservation Commission Signatures: Notary PublicMy commission expires MY COMMISSION EXPIRES JAN. 18. 1996 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the City or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE - -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. To Northampton Conslervation Commission Please be advised that the'�Order of Conditions for the project at Frm�c�FRAT.D T,AxF File Number 246- has been recorded at the Registry of Hampshire County and has been noted in the chain of title of the affected property in accordance with General Condition 8 on , 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant H ire ss. —�- 1993 at.�o'c?ock a��d Recd ent'c� ant$ (M00 (DAY) exam'd with Hampshire Reg. of Heeds, Book, Page Attest page 5 -5 (memorex \wp \conscom \order.cc) Tn.is Order must be signed by a majority of the Conservation Commission. �so,�s ,w s _ On this 10th day of May / 1993, before me personally appeare - t o me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act aWyN& fEIDEN NOTARY PUBLIC 310CMR 10.99 DEP File No. (To be provided by DEP) Form 5 City /Town Northamp Applicant Off ce of Planning & Dev Commonwealth Map # 7 Parcel 135 of Massachusetts Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, 540 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: Northampton Conservation Commission Office of Planoing & Development Name of property owner Name of Applicant City Hall, 210 Main Street, Northampton City Hall 210 Main Street, N'ham . Address Address This Order is issued and delivered as follows: [X] by hand delivery to applicant or representative on July 25, 1996. [ ) by certified mail, return receipt requested on (date) This project is located in Northampton at the Fitzgerald Lake C onservation Area. The property is recorded at the Registry of Hampshire County Book 1951 Page 261 Certificate (if registered) N/A The Notice of Intent for this project was filed on June 11, The public hearing was closed on July 8, 1996. Findings: The Northampton Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the projec . 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 [X] Flood Control ( ] Land containing shellfish [ ] Private water supply [X] Storm damage prevention ( ] Fisheries ( ) Ground water supply [X] Prevention of pollution [X] Protection of Wildlife Habitat Total Filing Fee Submitted $0 State Share $0 City Share $0 (1/2 fee i excess of $25) Total Refund Due $ City Portion $ State Port on $ (1/2 total) (1/2 tota ) page 5 -1 (memorex \wp \conscom \order.cc) 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 specifr 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 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. page 5 -2 (memorex \wp \conscom \order.cc) w 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- 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: Proposed Fitzgerald Pond Dam 04/ - -/96 Rehabilitation Sheets 1 - 4 Fitzgerald Lake Dam Plan View 06/20/96 All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within .100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. 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. 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 whendVer work is occurring on site. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. 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 Professional Engineer. 23. If checked:[ ] YES An "As Built" plan shall be included with the project engineer's certification, detailing the post - development conditions of the site: 24. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: - - -- Maintenance, to include mowing and removal of woody vegetation, shall be allowed beyond the life of this Order of Conditions. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** page 5 -4 (memorex \wp \conscom \order.cc) r 25. 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 for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. 26. Prior to construction, the applicant shall provide to the Conservation Commission an erosion and sedimentation control plan that shall be incorporated into this Order by.amendment and that shall be followed during the course of construction. 27. 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. 28. Once erosion control devices are installed, the applicant shall notify the Conservation Commission that the installation has been completed, prior to the commencement of any site work. 29. Cutting of trees located within the spillway shall be allowed prior to installation of the siltation barrier, as long as stumps are not removed or unearthed. 30. All silt fencing and erosion control devices shall be installed prior to removal of stumps and shrubs within the spillway. 31. Haybales /silt barriers shall be inspected at the close of each work day, and after each rainstorm. Any breaches in the siltation barriers shall be repaired prior to the continuation of work. There shall be an additional supply of erosion control devices on site to effect repairs of existing erosion control structures, if required. 32. Flags shall be checked and replaced as necessary prior to the start of work. 33. Vehicles and /or equipment shall enter the project site only by the _ access route specified on the plans and approved by the Conservation Commission. 34. No equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans and within information approved with the issuance of this Order of 35. Conditions. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland /resource area and 36. buffer zone. Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. 37. Erosion control devices shall be inspected regularly. Any entrapped silt shall be removed to an area outside the buffer zone and wetland resource N page 5 -5 (memorex \wp \conscom \order.cc) l i areas, and hay bales or other devices shall be replaced as necessary. 38. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established, following Natural Resources Conservation Service (NRCS) procedures, to prevent erosion and sedimentation. If the season is not appropriate for plant growing, exposed surfaces shall be stabilized by straw, jute netting, or other SCS- approved methods. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. 39. Work shall either be i) conducted /completed from June 1st to September 15th, or ii) conducted in a manner which maintains the level of water at the depth recommended by the Division of Fisheries & Wildlife for the protection of the Spotted Turtle habitat. 40. Erosion control measures shall be implemented as outlined in the project manual until all disturbed areas are stabilized. 41. This project is deemed a "limited project" under 310 CMR Section 10.53(3)(I). 42. Replication of the wetlands removed to clear the dam's spillway shall not be required. page 5 -6 (memorex \wp \conscom \order.cc) b This Order must be signed by a majority of L- 1!C- �j�� °� -��� -- - - da of 1994, before me On this y to me known to be the personally appeared �.• person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. " A ary Public My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the City or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Forst as provided in 310 CHR 10.03(7), within ten days from the date`of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. I t :.Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE - -THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREAD RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. _ .. ... .................... ............................... To Northampton Conservation Commission Please be advised that the Order of Conditions for the project at File Number 246- has been recorded at the Registry of Hampshire County and has been noted in the chain of title of the affected property - in accordance with General Condition :8 on 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant j� page 5 -6 (memorex \wp \conscom \order.cc) Issued By Northampton Conservation Commission E I 310 CMR• DEPARTMENT OF ENVIRONMENTAL PRO'T (. b 1 •• �m DEP File No. (To be provided by DEP) Form 1 City/To n Northam t on Applican Northampton Of f ice of Planning & Development Commonwealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, 40 & THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1. I, the undersigned, hereby request that the Northampton Conservation (Commission make a determination as to whether the area, described below, or work to be perfonned on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, § 40. 2. The area is described as follows. (Include maps or plans, if necessary, to rovide a description and the location of the area subject to this request.) Location: Street Address Fitzgerald Lake Conservation Area Northampton Assessor's: Lot Number: Map # 7 12arcel J 35 3. The work in said area is described below. (Use additional paper, if nece�sary, to describe the proposed work.) To remove the beaver dam below the Fitzgerald Lake Dam. At present, the area includes a large lodge and a dam that has backed water up above thel outflow pipe from the lake. The city is planning a $400,000 renovation of the an -made dam this summer and intends to restructure the outflow pipe and head wall that is located in the area flooded below the dam. Work is scheduled to take place June 15th to Sept. 15th and will require workers to have heavy machinery in the currently flooded area. Complete removal of the beaver dam for the duration of the project is necessary for rehabilitation of Fitzgerald Lake Dam. The following are proposed options for removal of this dam: 1) dynamite 2) hand held machinery or by hand with a large group of people 3) come- along -hook to a nearby tree to pull large logs out of dam 4) or some combination of the above. 4/1/94 310 CMR - 399 310 CMR: DEPARTMENT OF ENVIRONMENTAL PRO _.., TION 10.99: continued 4. The owner(s) of the area, if not the person this request, has been given written notification of this request on March 23, 1998 (date) The name(s) and address(es) of the owner(s) Mason Maronn, Chair Conservation Commission 18 Ellington Rd. Northampton, MA 01060 5. I have filed a complete copy of this request with the Western Regional office of Massachusetts Department of Environmental Protection March 23 1998 . (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. Yes No FEE WAIVED 7. In filing this application, I and the owner (if not the applicant) grant permission for the Conservation Commission to inspect my property prior to the Public Meeting. Applicant: Signature Name Wayne Feiden Planning Direc Owner: Address -'//D y/a.;, ( �� �f Tel.# Signature Gt r 413 -587 - 1265 Name Wayne Feiden, Planning Direc Address o Tel.# 413 -587 -1265 4/1/94 3 10 CMR - 400 400 A Tom. _ -4i, -- ' est Ila :�• r �I:r ! �' - _ - / ''.`:,� - .l_.- ,. /lilt jl, , / -. Fl1ZCERgLD PON L) pAAI f �� • _ .11 j • . I , - f --�— te e - - _ - � � -� � O � � � :� % i / L.� (f _. Rl YY _ � a�„ _ • ' .. 1 ��}•� A R _� 0 _ corn. • .- Iasa Grow.��_ Cima: _ "T ` r . i • : w \1` - "s_ { carn.t.ry �;:. _ _ f�' r -� _ - _ _ 1 :-,r• �- —k 1 V ER — Sch Qi ��'� �" 'Grant• 7 .S ACCES S coNrc RO FOR = • t - �� ` �aI k DURI . r ��\ NG CONSTRUCTION .Std ,, :��� .�.�;r - -�.:�« - lcw=� �_ :�'-•:. >;• � _ 1' • �_ lr • 284 j / ;�� �/ `�CI"lar/y' �•ta.� 7 •�•' ••• 1 •, �y i �F� ,�- suck". St JA • ,�, �� - F.ala ..:. 6 k I'! ' ! i' . �`�+< 1 PRilds • 'I' /� W IT '�. 1 :� •...� � _- — I..a N � BSc► � ,� � �r \• t •• r ' 1 V. s - a + • t �' i a�f i; s l y joa , /�; ~ !'. : r' ra _ i t •J•v�' LOCATION PLAN SCALE: 1:25,000 310 CMR: DEPAR i Iv1ENT OF ENVIRONMENTAL PRO i ,TION 10.99: continued Form 2 Commonwealth of Massachusetts City /Town: Northampton_ _ A plica t Northampton Of fice of i? anning & Development Date Request Filed _ 07 / 15 /98 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c« 131, 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION'ORDI�ANCE, c.24 FROM: No Issuing Authority Wayne Feiden, Director TO: Office of Planning & Development Northampton Conservation Commission (Name of person making request) (Name of property owner) Address 210 Main Street, Northampton Address c/o Planning Department, City Hall, This determination is issued and delivered as follows: Street ' Ll by hand delivery to person making request on August 5, 1998 (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation C ommission has cons dered your request for a Determination of Applicability and its supporting documentation, and has made the following dete tierr(eheek- whichever is applicable): Location: Street Address Fitzgerald Lake Conservation Area Lot/Map and Parcel Id Number: Map 7, Parcel 35 This Determination is positive. 2. ❑ The area described below, which includes all/part of the area described in your request, is an Area subject to Protection under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. I ❑ The work described below, which includes all/part of the work described in your r quest, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent. -AKC L 'n DEP File No. b 46 - (To ie provided by DEP) 210 Main 4/1/94 310 CM - 401 401 310 CMR: DEPA,4MENT OF ENVIRONMENTAL PRC CTION 10.99: continued 3. ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. The work you described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. ❑ The work you described in your.request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Issued by Icithampton Conservation Commission Signature(s) This Determination must be signed by a majority of the Conservation Commission. On this day of /y k 19 I before me personally appeared - , !QS vim, 11 - 7 ,41 ?.- ,v�, , to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and deed. Ac_ '_ Notary Pu Pe c e 6,,,- d7 d o c .� My Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or local institutes, ordinances, by -laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 4/1/94 310 CMR - 402 402 A- 12o�"' k "" �i 310 CMR: DEPARTMENT OF ENVIRONMENTAL 10.99 _Eorms_ DEP File N Fonn 1 Commonwealth of Massachusetts (To be provided by DEP) City/To n No- rthampto Applicantt Northampton Of fice of Planning and Development Request for a Determination of Applicability 11 Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1 • 1, the undersigned, hereby request that the determination as to whether the area, described below, or work to be perfornied on said area, also described below, is subject to the jurisdiction of the Wetlands Protection A t, G.L. c. 131, § 40. 2. The area is described as follows. (Include maps or plans, if necess and the location of the area subject to this request.) ary, to provide a description Location: Fitz Fitz Street Address g ald Lake Conservation Area i i Northampton AssessorlIs: Lot Number: 7 35 i 3. The work in said area is described below. (Use additional er a proposed work.) P P i>neces ary, to describe the To install a water level control device in a second beaver d m located below the Fitzgerald Lake earthen dam. The pipes will be used to ower the water level approximately 12 ". This is necessary to remove the standing water covering the out- flow pipe of the earthen dam. 4/1/94 - - -- 310 CMR 399 � 4 310 CMR: DEPAh — IENT OF ENVIRONMENTAL PRO i ,TION 10.99: continued 4. The owner(s) of the area, if not the person making this request, has been given writte notification of this request on July 15, 1998 (date) The name(s) and address(es) of the owner(s): Mason Maronn, Chair Conservation Commission 18 Ellington Rd. Northampton, MA 01060 5 C1l 7 I have filed a complete copy of this request with the Western Regional office of Massachusetts Department of Environmental Protection July 15, 1998 . (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA -01103 I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. - Yes No Fee Waived In filing this application, I and the owner (if not the applicant) grant permission for the Conservation Commission to inspect my property prior to the Public Meeting. Applicant: Signature Name _ Wayne Feiden Planning Dir ector Address 210 Main Street, Northampton, MA Tel.# 413 - 587 -1265 Owner: Signature Name NnrthamPZa ('nn ory t' mmission Address 210 Main Street, Northampton, MATel.# 01060 413 - 587 -1263 4/1/94 310 CMR - 400 400 310 CMR: DEPART>VZNT OF ENVIRONMENTAL PROTEC . SON 10.99: continued DEP File No. 246 - _ J Form 2 (To be provided by DEP) City /To n: Northampton _ Applic nt _ tton of Planning & Development Commonwealth ofMassaehusetts Dlate Request Filed _0 e Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDNANCE, c.24 �I FROM: _L�oi�hamtZOn ('ins lvation Commission —Issuing A uthority Mason Maronn, Chair TO: - -Wayne Faidpn vi n Northampton Cons,ervat�on Commission (Name of pers n sr� kin r & De elo uestt p e of Property owner) Office o Planni went 18 ingt n oa Address City Hall, Northampton, MA Northampton, MA 0106q Address This determination is issued and delivered as follows: by hand delivery to person making request on April 17, 1998 1 (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the -Nort hampton Conservation Commission Determination of Applicability and its supporting documentation, and has made the following dete#mP(shwL ed your request for a is applicable): whichev er Location: Street Address Fitzgerald Lake C onservation Area Lot/Map and Parcel Id Number: Map 7, Parcel 35 This Determination is positive. 1 • ❑ The area described below, which includes all/part of the area described in your requ st, is an Area subject to Protection under the Act. Therefore, any removing, filing, dredging or altering of th t area requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes all/part of the work described in your r quest, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter, that are Therefore, said Nvork requires the tiling of a Notice of Intent. I 4/1 /94 310 CNIR - 401 401 310 CMR: DEPART)`, —,\r OF ENVIRONMENTAL PROTEk 3N 10.99: continued ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: I. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2 . The work you described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. ❑ The work you described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Issued by Northampton Conservation Commission Signature(s) r' -L� s This Determination must be signed by a majority of the Conservation Commission. On this J � ~ API- day of - 19 ZS___ -___ before me personally appeared �'I So �t� „�� executed, to me known to be the person described in, and who the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and deed. omm. Expirr�; Dec. 2 Notary - Public — � Expires Dec. 21`dy Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or local institutes, ordinances, by -laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or toUm in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Detennmation of Applicabilit providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing tee and Fee Transmittal Four, as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. A copv of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 4/1/94 10 CM R - 402 402 I 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECT ON 10.99: continued DEP File No. 246- Form 2 (To e provided by DEP) City /Town: - Northampton Applicant (lffi of Pl an n i ng & Commonwealth Develop ent /City of Northampton of Massachusetts Date Requ�st Filed - 02/06/98 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 & THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 FROM: Northampton Conservation Commission ssuing Wayne Feiden, Planning Director Mason Maronn, Chair TO: Office of Planning & Development Northampton Conservat (Name of person making request) (Name of property owr Address 210 Main Street, Northampton Address This determination is issued and delivered as follows: c/o Planning I)epartn Commission t, City Hall ® by hand delivery to person making request on February 24, 1998 (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation, and has made the following Bete o& whichever is applicable): Location: Street Address Lot/Map and Parcel Id Number: Map 7 , Parcel 35 This Determination is positive. 1 • ❑ The area described below, which includes all/part of the area described in youur request, is an Area subject to Protection under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. 2• ❑ The work described below, which includes all/part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that areal Therefore, said work requires the filing of a Notice of Intent. 4/1/94 310 CMR - 401 401 310 CMR: DEPA - MENT OF ENVIRONMENTAL PRC CITION 10.99: continued 3. ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent_ This Determination is negative: I. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. The work you described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work you described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area you described in your request is subject to Protection Under the Act, but since the work you describe therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Issued by Northa on Conservation Commission Signature(s) This Determination must be signed by a majority of the Conservation Commission. On this 2 day of F_ 6 1_ 19a before me personally appeared .i J 1" d I'\ eQ (� , to me known to be the person described in, and who executed, th "omg instrument, and acknowledged that he /she executed the same as his/her free act and deed. Notary Public My Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or local institutes, ordinances, by -laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 4/1/94 310 CMR - 402 402 310 CMR: DEPA _ MENT OF ENVIRONMENTAL PR( CTION DEP File No. Form 1 (To be provided by DEP) City /Town Applicant iu. ,t<,, Commonwealth IT e of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 THE CITY OF NORTHAMPTON'S WETLAND PROTECTION ORDINANCE, c.24 1. I, the undersigned, hereby request that the N_ orthampton Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, § 40. 2. The area is described as follows. (Include maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address f /ice »�R Northampton Assessor's: Ma Lot Number: P # Parcel #t 3S 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) Ili �/e 17J / 0� Crcl /G�� ✓� S rz T� L cllylle7z 4 7 r.rc7ri,� S%Iy / / /lfG 4/l/94 u (c%th �or���i� �rr��Prc�ar��u y� e���ar►�'e . 310 CMR - 399 310 CMR: DEP t. -'MENT OF ENVIRONMENTAL PR( ACTION 10.99: continued 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on v� (date) The name(s) and address(es) of the owner(s): �A / 5. I have filed a complete copy of this request with th Western Regional office of Massachusetts Department of Environmental Protection - _ /.�wu��/ `� //"J� (date) at: DEP Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the regulations. Under the City of Northampton's Wetland Protection Ordinance: I have filed nine (9) copies of the complete filing and included the filing fee of $ 20.00 (to cover advertising costs) with the Northampton Conservation Commission. Yes No 7. In filing this application, I and the owner (if not the applicant) grant permission for the Conservation Commission to inspect my property prior to the Public Meeting. Applicant: Signature Name Address Owner: Signature w v Name 'y '5 Address /D A�,n �� fl��, �,� Tel.# �/�� - e 4/1/94 310 CMR - 400 400 PAK — IL 1 7 V 7 es N Ha It Y Id -•_ _ ( I�� -J) Z 1, i 5 �/ arms ht/ Lp - r - P0 ERALD IWERptjA�GE qD DAM J #toly Tr - 1 � • .mss � 1 ,��, / - s' � ., / r' _ • : �.,' S . >)� r, M1u • •\ v! S D•ht G. cima: , y n1 Jr sin i- .� s '_e '•�• `/`� -_ j \ _ - �•f \ fit ` CONT ROAD FOR - •�/ �. • : 4"c' nor j DV N C 1 CTOfj � - • RI CONSTRUCTION `mac; Lr p 7 ,1e �.. /��� �i�- °`� � —'�'. - ; , `f�..• EIW�I _ Z Fj0`�� --Cl ;:� % C „y� S t • flle S t, ( r .� .\ i �\ N , r •' � /ir• `, ' 1 �. ♦ _ � v � - is -- !- z-=��� - �, . ter. � • -' . � � - , �:�_ jRF \• O :� .\ •♦ _ f , 1 tj t+r - _i�Y. -• __ � - - � �. ` SnoDDrn�� � �,.. %•�' /• .�. .• 7 F•rro r-::, � I } ,X, ��� -'�-�' CrVidi 'I tl�•S / ©ep+ j �'. I �.:"�. zz ..s� \� '• 'ate. -_ �►�- )�'', � / 1 ��� — d f • V t •r .-: 'Y-'`u /.LJ�'. •F' - -�. � - -♦... I+[ A R � ��ItA Sc►•• �� ♦ I 1� LOCATION PLA SCALE: 1:25'... N COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION WETLANDS PROTECTION ACT H.G.L. C.131 $40 310 16.00 CERTIFICATION OF EMERGENCY LOCATION OF WORK: street- Fitzgerald Lake ('nncprjLgee' city /town: Northampton 1. The applicant hereby requests the Issuing Authority (Conse Commission or the Department of Environmental Protection to following project as an emergency project: (describe wor to attach supplemental information if more space is needed) ,...... _ IASZa71. water .level. control device in bPavaP dam.at F; tgsa� Conservation Area. * 2. The project is necessary for the protection of the health the citizens of the Commonwealth because: The beaver pond will impact the proper oneratia" of a cant;,. at 61 N. Farms Rd. A delay in wat failure of the leaching system and sewage Pollution of rou 3. The agency (or sub�aivision thereof) of the Commonwealth the project to be performed is: Office of the Board nf Npait}, 4. No work shall be allowed beyond that necessary to ablate tl The date work shall be completed by: ��• �,'q g No days without written approval of the Commissioner of thelDepa: Environmental Protection (DEP). , (signature of applicant) (date) On the basis -of the above information, and after a site ' project described above (and in -.any supplemental info is determined to be a certified emergency pursuant to 310 : AUTHORITY: (conservation Commission or DEP) BY: ( ' 1, ti tocateci : UtL in the e h r ds ordered" emergency. to exceed 30 meat of pe tion, the n rovided) is 10 06. Date Issued: N. Farms Rd, vation ertify the e allowed, and and safety of ".Off ❑ (If box is checked, see attached conditions) (Effec ive 8/14/92) * If the water level continues to rise it may also undermine the - culvert on N. Farms Rd. BOARD OF HEALTH MEMBERS CITY OF NORTHAMPTON MASSACHUSETTS 01060 JOHN T. JOYCE, Chairman ANNE BURES, M.D. CYNTHIA DOURMASHKIN, R.N. PETER J. McERLAIN, Health Agent (413) 587 -1214 FAX (413) 587 -1284 November 16, 1998 OFFICE OF THE BOARD OF HEALTH Mr. Michael Ciborowski, Wildlife Biologist Mass. Division of Fisheries and Wildlife 341 East Street Belchertown, Ma 01007 Re: Dear Mr. Ciborowski: e 210 MAIN STREET NORTHAMPTON, MA 01060 The impact of a beaver pond on the septic system at 61 North Farms Rd., Florence, MA At the request of Cynthia Williams of the Northampton Office of Planning and Development, on November 16, 1998, I visited the property of Mr. Philip Brooks at 61 North Farms Rd., Florence. That visit revealed that the adjacent beaver pond is about to encroach on Mr. Brooks' septic system. The rapidly growing pond is now within 90 feet of the Brooks leaching field and has very likely raised the level of the groundwater in that area to within a couple of feet of the bottom of that leaching system. In my opinion, the beaver pond will impact the proper operation of that septic system, unless steps are taken now to control the water level. A delay in lowering the water level could result in the failure of that leaching system and sewage pollution of the groundwater. Please contact the Board of Health office if you have any questions concerning this matter. ThanAyou. h�� Peter J. McErlain Health Agent cc: Northampton Conservation Commission Mr. Philip Brooks, 61 North Farms Rd., Florence, MA O 4- sl O WE Fitzgerald Lake Conservation Area Beaver Site Proposal for Flood Control Submitted by Mike & Ruth Callahan Coordinators, Pioneer Valley Wetland Volunteers November 16, 1998 Introduction Beavers have constructed a very long dam which has raised the water level in the upstream marsh area of Fitzgerald Lake adjacent to 61 North Farms Road in Florence. If unimpeded the beavers will continue to slowly raise the height of the dam and the water level. They do this in order to gain access to more food and construction materials while increasing their protection from predators. The water level is currently about three feet deep in most of the flooded area, and if allowed to continue to rise it will compromise the septic system at 61 North Farms Rd. While this low -lying area was probably episodically flooded by beaver for millennia prior to human habitation here, the prevention of septic failure in this area is now a priority. To this end we propose to install a system of drainage pipes to control the water level, while allowing the beaver to remain in their natural habitat. The Site The beaver dam in the Fitzgerald Lake conservation area is approximately 200 feet long and two to three feet high. It is primarily built of mud, with a small proportion of sticks mixed in. The excavation of mud by the beaver for the construction of their dam and swimming channels has resulted in the water being four feet deep in some areas near the dam. It is a relatively new dam and therefore is still quite soft. Due to it's extensive length it has many small leaks, but this is typical of long dam structures. Nevertheless, the dam appears well- maintained by the resident beavers. Access to the entire dam is difficult as it is quite long, and it meanders through thick brush, reeds and wetland grasses. Access to the dam is further hampered by the softness of the mud surrounding it's base. In some areas the mud is so soft that it is easy to sink in over your knees. Analysis Among the many variables to consider when planning a drainage system are: the urgency of flood control needed; the length, height, and condition of the dam structure; the amount of flow entering the beaver pond; current depth /condition of the pond; the "ideal" depth of water for coexistence of the beavers and abutting properties (including minimum allowable, maximum allowable, and average depths); accessibility for installation and maintenance; visibility of the system (esthetics, potential for horseplay / vandalism); cost of materials; and the best method of minimizing detection and blockage by the resident beavers. Proposal Due to the specifics of this site, we recommend that Skip Lisle's "European Birch" pipe system be installed at the Fitzgerald Lake site. This would entail inserting two 13 foot 6" diameter PVC (plastic) pipes through the dam at the desired pond water level. The ends of each pipe would be fitted with an elbow joint in order to make it difficult for the beavers to block the pipes with sticks. In addition, the pipes would be perforated to such an extent that the rate of water flow into the pipe would be ten times slower than the outflow. This should prevent the beavers from being concerned about the flow of water into the pipes, and therefore not make significant attempts to block them. We estimate the cost of materials for this project to be approximately $300.00. Once installed we propose to assign volunteers (ideally including members of the Broad Brook Coalition) to monitor and maintain the drainage system in order to ensure it's prolonged effectiveness. Who We Are We are the newly formed "Pioneer Valley Wetland Volunteers ". We have come together to help resolve beaver - related conflicts in ways which promote the coexistence of beavers and humans. We work in cooperation with landowners as well as local and state authorities to find and facilitate humane and long - lasting solutions to beaver - related problems. The monitoring of beaver ponds, maintenance of pond drainage systems, and tree - wrapping are among our volunteer duties. We are eager to have more volunteers! For more information about our group or to volunteer or "adopt' a beaver pond for monitoring please contact Mike or Ruth Callahan. Pioneer Valley Wetland Volunteers Mike & Ruth Callahan, Coordinators 98 Bay Road Hadley, MA 01035 Phone: (413) 585 -9145 Fax: (413) 587 -9788 E -mail: mrcallhn @aol.com