23B-013 MassDOT Garage Dump Order of Conditions 7-3-2014atN AMA' -"i.
July 3, 2014
N
■ a •
planning. conservation • zoning = northampton G9S • historic • community preservation • central Nosiness architecture
Sarah LaValley, Conservation, Preservation, & land Use Planner • slavalley@northampiomna.gov • 413-557-1263
Douglas Spink
MassDOT — Highway Division
10 Park Plaza, Suite 4260
Boston MA, 02116
RE: Order of Conditions, Facility No. 21 Dumping Ground Remediation
Enclosed please find the original signed Order of Conditions for the above referenced project.
This Order has been recorded in the Hampshire County Registry of Deeds.
Please read the document carefully, as it contains conditions that must be adhered to before, during, and
after work on the project.
Please feel free to contact me with any questions or concerns.
Thank you,
Sar1h I. LaValley
City Hall • 210 Main Street, Room 11 • Northampton, MA 01060 • www.NorthamptonMa.gov • Fax 413 -587 -1264
original printed on recycled paper
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
1. Conservation Commission NORTHAMPTON
2. Issuance a. F OOC
3. Applicant Details
a. First Name
c. Organization
d. Mailing Address
e. City/Town
4. Property Owner
a, First Name
c. Organization
d. Mailing Address
e. City/Town
5. Project Location
DOUG
MASSDOT
10 PARK PLAZZA, SUITE 4260
BOSTON £ State
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Bk: 116B7Pg: 134 Page: 1 of 12
Recorded: 07/03/2014 02:14 PM
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/fown:NORTHAMPTON
b. I— Amended OOC
b. Last Name SPINK
MA g. Zip Code
b. Last Name
COMMONWEALTH OF MASSACHUSETTS
10 PARK PLAZZA, SUITE 4260
BOSTON £ State MA
a.Street Address 155 LOCUST STREET
b.City/Town NORTHAMPTON
d. Assessors Map/Plat# 23B
£Latitude 42.33352N
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
HAMPSHIRE 1131
c. Zip Code
e. Parcel/Lot#
g. Longitude
g. Zip Code
02116
01060
013
72.65774W
d. Page
407
7.Dates
a. Date NOI Filed : 4/10/2014 b. Date Public Hearing Closed: 4/24/2014 c. Date Of Issuance: 4/25/2014
8.Final Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by:
NOTICE OF INTENT ASHLEY N.B HILDT
PACKET
d. Revised Final Date: e. Scale:
03/20/2014 NA
02116
Page 1 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. o. 131, §40
MASS
DEPARTMENT OF
TRANSPORTATION, AECOM
155 LOCUST
STREET, SHEETS C-
01-C-03
NA
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/Town:NORTHAMPTON
3/3/14 1" : 40'
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above - referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Public Water Supply
d. F Private Water Supply
g. F Ground Water Supply
b. F Land Containing Shellfish
e. F Fisheries
h. 17 Storm Damage Prevention
2. Commission hereby fords the project, as proposed, is:
c. 17 Prevention of Pollution
f. F Protection of Wildlife Habitat
i. 17 Flood Control
Approved subject to:
a. F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control.
Denied because:
b. I— The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c. I— The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests
identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act, and a fmal Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3. r Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a).
a. linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area
Proposed Permitted
Alteration Alteration
Proposed Permitted
Replacement Replacement
4. F Bank
Page 2 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
5. F Bordering Vegetated Wetland
6. r Land under Waterbodies and Waterways
7. r Bordering Land Subject to Flooding
Cubic Feet Flood Storage
8. r Isolated Land Subject to Flooding
Cubic Feet Flood Storage
9. r Riverfront Area
Sgft within 100ft
Sq ft between 100 -200 ft
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/Town:NORTHAMPTON
a. linear feet b. linear feet c. linear feet - d. linear feet
5500 5500 5500 5500
a. square feet b. square feet c. square feet d. square feet
a. square feet b. square feet c. square feet d. square feet
e. c/y dredged f. c/y dredged
a. square feet b. square feet
e. cubic feet f. cubic feet
a. square feet b. square feet
c. square feet
g. cubic feet
d. square feet
h. cubic feet
c. cubic feet d. cubic feet e. cubic feet f. cubic feet
22650 22650
a. total sq. feet b. total sq. feet
22649 22649 22649 22649
c. square feet d. square feet e. square feet f. square feet
1 1 1 1
g. square feet h. square feet i. square feet j. square feet
Coastal Resource Area Impacts:
Resource Area
Proposed Permitted
Alteration Alteration
Proposed Permitted
Replacement Replacement
10. r Designated Port Areas Indicate size under Land Under the Ocean, below
11. r Land Under the Ocean
a. square feet b. square feet
c. c/y dredged d. c/y dredged
12. r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. r Coastal Beaches
14. r Coastal Dunes
15, r Coastal Banks
16. r Rocky Intertidal Shores
a. square feet b. square feet c. cly nourishment d. c/y nourishment
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
a. linear feet b. linear feet
a. square feet b. square feet
Page 3 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
i\ Massachusetts Wetlands Protection Act M.G.L. o. 131, §40
17. r Salt Marshes
18. r Land Under Salt Ponds
19. r Land Containing Shellfish
20. F Fish Runs
21 r Land Subject to Coastal Storm Flowage
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/Town:NORTHAMPTON
a. square feet b, square feet c. square feet d. square feet
a. square feet b. square feet
c. c/y dredged d. c/y dredged
a. square feet b. square feet c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
c. c/y dredged d. e/y dredged
a. square feet b. square feet
22.
r Restoration/Enhancement (For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
23.
F Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five
years, from the date of issuance. If this Order is intended to be valid for more than three years, the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
Page 4 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/Town:NORTHAMPTON
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,
the Final Order shall also be noted in the Regishy's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done, The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds,
prior to the commencement of work.,
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
" Massachusetts Department of Environmental Protection"
[or 'MassDEP "]
File Number : "246- 0676"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form
8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project ") is (1) F is not (2) E subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards, then the project is subject to the following conditions;
a) All work, including site preparation, land disturbance, construction and redevelopment shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Page 5 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/Town:NORTHAMPTON
Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and
best management practices (BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post - construction stonnwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures; it. as -built final construction
BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii.
any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater
Standard 10; iv. all post - construction stormwater BMPs are installed in accordance with the plans (including all planting
plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in
proper working condition; v. any vegetation associated with post - construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ( "O &M Statement ") for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan ( "O &M Plan") and certifying the following: i.) the O &M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan,
d) Post - construction pollution prevention and source control shall be implemented in accordance with the long -term pollution
prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi- Sector General Pennit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes
responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the
issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has
accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a pennittee for
purposes of implementing the requirements of Conditions 19W through 19(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f) through 1 9(k) with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more
than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O &M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs,
maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission ( "Commission ") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O &M Plan approved by
the issuing authority,
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
Page 6 of 10 * ELECTRONIC COPY
J)
k)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/f own:NORTHAMPTON
The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the
MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered
without the prior written approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
PLEASE SEE ATTACHMENT A
Page 7 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246 -0676
eDEP Transaction #:666522
City/Town:NORTHAMPTON
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? P OYes r No
2. The Conservation Commission hereby check one that a lies :
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1. Municipal Ordinance or Bylaw 2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to
comply with a municipal ordinance or bylaw:
b. F APPROVES the proposed work, subject to the following
additional conditions.
NORTHAMPTON
1. Municipal Ordinance or Bylaw WETLANDS
ORDINANCE
2. Citation CHAPTER 337 OF THE
GENERAL CODE
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
PLEASE SEE ATTACHMENT A
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #
eDEP(�Transaction #
Gl'I kilkt ptef t
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission.
Date of Issuance
2. Number of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to
the applicant. A copy must be mailed, hand delivered or filed electronically at the same time
with the appropriate MassDEP Regional Office.
Signatures:
❑ by hand delivery on
Date
by certified mail, return receipt
re ue ed,
IL
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting
the land subject to this Order, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate MassDEP Regional
Office to issue a Superseding Order of Conditions. The request must be made by certified
mail or hand delivery to the Department, with the appropriate filing fee and a completed
Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)
within ten business days from the date of issuance of this Order. A copy of the request shall
at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he /she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a
Superseding Order, or providing written information to the Department prior to issuance of
a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified
in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent
with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a
municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or
regulations, the Department has no appellate jurisdiction.
wpa5sigs.doc • rev. 02/25/2010 Page of
"ATTACHMENT A"
20. Prior to the initiation of any work, the applicant /owner shall submit a letter of
understanding to the Commission stating that he /she has received, read, understands' and
shall comply with these Orders The applicant, and, his or her contractor, foreman and /or
construction manager shall sign the letter of understanding.
21. Prior to the initiation of any work, the applicant shall submit to the Commission a
sequencing plan for construction, and erosion and sedimentation control installation.
22. Prior to the start of any site work, excavation or construction, a pre- construction conference
shall be held on the site, between the contractor conducting the work, the site /project
engineer, the applicant, and a member or agent of the Conservation Commission, in order to
ensure that the requirements of this Order are understood by all parties. Prior to the pre -
construction meeting, all erosion control devices must be installed.
23. All required permits must be obtained from federal, state and municipal agencies and
departments prior to the start of any project.
24. A copy of this Order and associated plans shall remain on site during all construction and /or
building activities. The project manager and all equipment operators shall be familiar with
the approved plans, and shall be informed of their location on the site.
This location shall be accessible to all contractors whenever work is occurring on
site.
25. All revised plans, referenced within this Order of Conditions, shall be approved by the
Conservation Commission and incorporated into the permit by reference and shall be
followed during the course of construction.
26. The areas of construction shall remain in a stable condition at the close of each construction
day. Erosion control measures shall be inspected at this time, and maintained or reinforced
as necessary. All such devices shall be inspected, cleaned or replaced during construction
and shall remain in place until such time as stabilization of all areas that may impact resource
areas is permanent. These devices shall also be inspected to assure that the maximum
control has been provided. Any entrapped silt shall be removed to an area outside the
buffer zone and resource areas, and maintained or reinforced as necessary. Erosion controls
shall be inspected after every rainfall to assure that maximum control has been provided.
27. An adequate stockpile of erosion control materials shall be on site at all times for emergency
or routine replacement and shall include materials to repair or replace silt fences, straw bales,
erosion control blankets, riprap, filter berms or other devices planned for use during
construction.
28. Soils exposed for periods greater than two months shall be stabilized with erosion control
blankets and netting, a covering of straw mulch, or a temporary cover of rye or other grass
to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with a
native perennial grass mixture. Any stabilization materials such as jute netting shall be firmly
anchored to prevent them from being washed from slopes by rain or flooding. Preference
should be given to biodegradable materials.
29. All disturbed areas shall be graded, loamed and seeded, or stabilized with erosion control
blankets or netting, and a covering of straw mulch prior to November 30, of each year. No
disturbed areas or stockpiled materials will be left unprotected or without erosion control
after this date.
30. No disposal of soils or other materials shall be allowed within. a 100 -year floodplain; 40 feet
of the 100 -year floodplain elevation; any wetland; any area within 100 -feet of a wetland; any
area within 200 feet of a perennial stream; a vernal pool, or any area within 200 feet of a
vernal pool unless such areas are specifically approved by the Commission, in accordance
with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 337
31. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are
as follows: 33, 40
32. Upon completion of the work covered by this Order, the applicant shall submit an as -built
plan, signed and stamped by a registered professional engineer or land surveyor, together
with a written request for a Certificate of Compliance.
The plan and written request shall specify any ways that the completed project differs from
the plans referenced in the Order. The as -built plan shall include, at a minimum, and as
applicable to the project: elevations of all pipe inverts and outlets, pipe sizes, materials, and
slopes; all other drainage structures; limits of clearing, grading, and fill; all structures,
pavement, and contours within 100 feet of wetland boundaries; all alterations within the
wetland resource areas; and all dates of fieldwork.
33. The owner of the property described in this Order must advise any potential buyer of the
property that any construction or alteration to said property, including brush cutting or
clearance, may require approval by the Northampton Conservation Commission.
Any deed or legal instrument conveying any or all of the owners' interest in said property or
any portion thereof, shall contain the following language:
"This property is subject to the Northampton Wetlands Protection Ordinance
and /or Wetlands Protection Act. Any construction or maintenance work
performed on this property may require an Order of Conditions, and /or a
Determination of Applicability from the Northampton Conservation
Commission.
34. The fence within the property must be removed prior to issuance of a certificate of
compliance.
35. The isolated wetlands on the site shall not be disturbed during construction.
37. An annual report, in accordance with the Massachusetts Inland Wetland Replication
Guidelines, shall be provided to the Commission by November 30 of each year, for the first
three growing seasons. The report shall contain all elements required in monitoring the
wetland replacement area, and shall detail how and to what extend the replacement area
meets the General Performance Standards and the Wetland Replication Plan in the NOI. If
non - compliance with any Performance Standards or the Replication Plan is documented, the
report shall include a draft "corrective plan of action."
38. Prior to the issuance of a certificate of compliance, the applicant shall demonstrate that at
least 75% of the surface of each restoration area has been re- established with indigenous
plants.
39. The Commission shall be given 48 hours notice prior to the beginning of construction of
each wetlands replication areas, to allow for discussion of requirements and to ensure
compliance with all special conditions.
40. Future alterations areas shown on NOI plans as Wetland Replication Area and Riverfront
Mitigation Areas, except as may be required to maintain them in restored or mitigated
condition, are prohibited. These areas shall be permanently marked as no disturb areas, with
signage or other markings approved by the Commission. Allowable activities include
removal of species listed on the Massachusetts Prohibited Plant list and planting of native
species.
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