10D-001 Chesterfield Rd Conservation CommissionDoc; 99023416 OR /5764/0212
Form 5
Commonwealth of
Massachusetts
08/13/199911:53
DEP File No. 246 -446
(To be provided by DEP)
City /Town: NORTHAMPTON
Applicant: Office of Planning & Develop-
ment
Order of Conditions
Massachusetts Wetlands Protection Act
G.L., c.131, p. 40
From The NORTHAMPTON Conservation Commission Issuing Authority
Northampton Conservation Commission
To NORTHAMPTON CITY OF Office of Planning & Development_
(Name of property owner) (Name of person making request)
This order is issued and delivered as follows:
X by hand delivery to person making request on 07129/1999 _ (date)
by certified mail, return receipt request on (date)
This project is located at CHESTERFIELD RD 1840 162
The property is recorded at the Registry of, Book: Page: (Also, Book 1874, Page 21 and Book
Certificate (If registered)
1929, Page 323)
The Notice of Intent for this project was filed on June 2, 1999.
The public hearing was closed on 07/12/1999
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 NORTHAMPTON Conservation Commission at this time, The
NORTHAMPTON Conservation 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
Presumtions of Significance set forth as the regulations for each Area Subject to Protection
under the Act:
Prevention Of Pollution Wildlife Habitat Protection
Total Filing Fee Submitted 0.00 State Share _ City /Town Share
Total Refund Due State Portion City /Town Portion
GeoTMS® 1998 Des Lauriers & Associates, Inc.
Doc; 99023416 OR /5164/0212
08/13/199911;53
DEP File No. 246 -446
Form 5
Commonwealth of
(To be provided by DEP)
City /Town: NORTHAMPTON
Massachusetts Applicant: Office of Planning & Develop-
ment
Order of Conditions
Massachusetts Wetlands Protection Act
G. L., c.131, p. 40
From The NORTHAMPTON Conservation Commission Issuing Authority
Northampton Conservation Commission
To NORTHAMPTON CITY OF
Office of Planning &_ Devel opment__
(Name of property owner) (Name of person making request)
This order is issued and delivered as follows:
_ .X_ by hand delivery to person making request on__ Q71 29/1999 (date)
by certified mail, return receipt request on _ _— (date)
This project is located at CHESTERFIELD RD i840 162
The property is recorded at the Registry of, Book: Page: (Also, Book 1874, Page 21 and Book
Certificate (If registered)
1929, Page 323)
The Notice of Intent for this project was filed on June 2, 1999.
The public hearing was closed on 07/12/1999
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 NORTHAMPTON Conservation Commission at this time, The
NORTHAMPTON Conservation 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
Presumtions of Significance set forth as the regulations for each Area Subject to Protection
under the Act:
Prevention Of Pollution Wildlife Habitat Protection
Total Filing Fee Submitted _o. oo_ State Share
Total Refund Due
State Portion
City /Town Share _
City /Town Portion
GeoTMS® 1998 Des Lauriers & Associates, Inc.
Doc 990023416 OR /576410213 08/13/1999 11;
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 NORTHAMPTON Conservation
Commission orders that all work shall be performed in accordance with the said conditions and
with the Notice of Intent references 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
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.
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 procedings 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. 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.
A sign shall be displayed at the site not less that two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Protection, File # 246 -446.
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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:
All Plans and Information on file with Northampton Conservation Commission.
Plans:
Title Date Signed and Stamped by: on file with:
Notice of Intent 06/01/99 Office of Planning & Development
Special Conditions (Use additional paper if necessary)
13: The Commission, its employees and agents shall have a right of entry to inspect the site for compliance
with this Order.
14: This Order of Conditions shall apply to any successor in interest or successor in control.
15: 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 instrument conveying any or all of the owners' interest in said property or any portion thereof, shall
contain language similar to the following:
"This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection
Act. Any construction or maintenance work performed on this property requires an Order of Conditions,
and/or a Determination of Applicability from the Northampton Conservation Commision";
16: 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.
17: 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.
18: All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality
Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to
the start of projects involving fill within any wetland resource area.
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19: No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -
year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are
specifically approved by the Commission, in accordance with 310 CMR 10.00, and City of Northampton
Ordinances - Chapter 24;
20: Any change or deviation from the Notice of Intent, plans and/or Order of Conditions approved by the
Commission, prior to or during construction, shall require the applicant to file a request for an amendment
with the Conservation Commission. It shall include a written inquiry as to whether or not the change is
substantial enough to require the filing of a new Notice of Intent.
After making a positive determination, the Commission shall conduct a public hearing to amend the Order
or to issue a new Order, if a new Notice of Intent is required.
21: In accordance with General Condition 8 of this Order, this Order shall be recorded at the Hampshire
County Registry of Deeds by the Northampton Conservation Commission prior to commencement of
work on the site.
22: All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation
Commission and incorporated into this Order by reference and shall be followed during the course of
construction.
23: Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows:
(None).
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Special Conditions (Use additional paper if necessary)
Issue Effective Expiration Date Recorded Recorded
Date: Date: Date: Recorded: Plan Book: Plan Page:
07/12/1999 07/29/1999 07/29/2002
Condition: PRE - CONSTRUCTION REQUIREMENTS:
24.Prior to the start of any site work, excavation or construction, a
preconstruction conference shall be held on the site, between the contractor
conducting the work, the site /project engineer, the applicant, and a member or
agent of the Conservation Commission, in order to ensure that the requirements
of this Order are understood by all parties. Prior to the pre - construction meeting,
all erosion control devices must be installed, also.
07/12/1 999 07/29/1999 07/29/2002
Condition: Work may include the dredging of up to one hundred cubic yards of material
from the pond. Prior to dredging, the applicant must submit a plan to the
Conservation Commission for its review and approval specifying the exact
amount of material to be removed, the techniques to be used and where the spoils
are to be placed.
07/12/1999 07/29/1999 07/29/2002
Condition: Work may also include the installation of a sediment catching basin upstream at
the location of the old bridge abutment. Prior to the construction of the
sedimentation basin, the applicant must submit a plan detailing the design of the
basin to the Commission for its review and approval.
(Leave Space Blank)
GeoTMS® 1998 Des Lauriers & Associates, Inc.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION y }r � Is �r--ee
10.99: continued Doc: 990023416 OR /5764/0217 08/13/199911 :53
Issued by the N DIthampl on Conservation Commission
Signature(s) _
This Order must be signed by a majority of the Conservation Commission.
On this 12th day of July 19 99 , before me personally
appeared Ma cnn mn vnnn to me known to be the person described in, and who executed,
the foregoing instrument, and acknowledged that elshe executed the same as his/her free act and deed.
/�i► JOHN T. BENNETT, III
Notary Publi iIc -� Public—
My Commission Expires Commonwbalth of Massachusetts
My Commission Expires
.......�,.,.��Zdw29.2005 i
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 detemiination.
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 Co Commission prior to commencement of work.
To Northampton Conservati Commission Issuing Authority'=' -
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in ttM - -ham' 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
ATTEST, HAMPSHIRE, 7 /iQAdeWW-2��
MARIANNE L. DONOETUE
4/1/94 310 CMR - 423 423
NARRATIVE I
PROJECT MANUAL
CONSTRUCTION
OF
HOWARDS ICE POND
DAM REHABILITATION
CITY OF NORTHAMPTON
OFFICE OF PLANNING AND DEVELOPMENT
NORTHAMPTON, MASSACHUSETTS
May 1999
j/I
Tighe &Bond
SCOPE OF WORK AND SPECIFICATIONS
HOWARDS ICE POND DAM REHABILITATION
OFFICE OF PLANNING AND DEVELOPMENT
Northampton, MA
Repair all areas of deteriorated concrete on top of dam by removing all weathered and
spalled concrete with pneumatic or hand tools to create a squared surface, cleaning
the surface with water to remove dirt and dust, installing tie hooks into existing
concrete and securing with either epoxy or non - shrink grout, and forming, placing
and curing of 28 -day, 4,000 psi concrete.
2. Repair all areas of deteriorated concrete on upstream face of the concrete dam by
removing all weathered and loose concrete with pneumatic or hand tools to create a
squared surface, cleaning the surface with water to remove dirt and dust, installing tie
hooks into existing concrete and securing with epoxy or non - shrink grout, tie -down
continuous 94 rebar to tie hooks, placing dry packed concrete consisting of a 1 -1 -1.5
mixture of cement, concrete sand and pea gravel, placing forms to hold concrete in
place while curing and removal of forms.
3. Reinforce the existing west spillway wall, as shown on the plans, by removing all
weathered and loose concrete including complete removal of the top 2 feet of the
wall, cleaning the surface with water to remove dirt and dust, applying a two
component epoxy bonding adhesive to wall surfaces, installing tie hooks into existing
concrete wall and securing with epoxy or non - shrink grout, preparing rebar
configuration as shown, forming, placing and curing 28 day, 4,000 psi concrete.
4. Install a 45 mil polypropylene geomembrane over the top of the existing concrete
dam with a 16 oz/yd nonwoven cushion geotextile beneath, as shown on the attached
plan, to a depth of four (4) feet from the top of the dam, including excavation and
backfill of anchor trenches. Openings in the geomembrane and geotextile shall be
punched to allow for bolting of pressure treated wood planks. Drilling through the
geomembrane and geotextile will not be permitted. Pond level lowered only to
a depth that will accomodate the installation of the liner.
5. Install 2" x 4" pressure treated No. 1 southern yellow pine on upstream and
downstream dam face at spillway to provide closure for the geomembrane, as shown
on the plans, secure with counter sunk' /2 -inch diameter stainless steel wedge anchors
15" o.c. with a minimum of' '/2 -inch embedment.
6. Install 2" x 12" pressure treated No. 1 southern yellow pine on top of the concrete
dam, as shown on the plans, cut to fit concrete dam width, secure with counter sunk
'/2 -inch diameter stainless steel wedge anchors 4' o.c. with a minimum of 3'h -inch
embedment.
1 of 2
Om final hnnte l nn ro rrrly l hnhar
Narrative II
Howards Ice Pond Dam Rehabilitation
Limited project status
The work on the dam is eligible for limited project status under s10.53(3)(I), "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 repair of deteriorated concrete, reinforcement of existing west
spillway wall, installation of geomembrane and geotextile and securing with pressure treated
wood, filling and regrading of upstream ground surface and all work shown on the drawing
(sheet I) and/or described in the scope of work and specification prepared by Tighe & Bond
Engineers.
Bank
The water level in the pond will have to be lowered approximately three feet in order to install
the geomembrane over the top of the existing dam to a depth of four feet. Work adjacent to the
bank should be completed within two days - total project can not exceed thirty days.
There will be some temporary construction impacts limited to the effects of dewatering on
habitat, but repair of the dam will ensure the viability of this wetlands habitat for the next fifty
years. Project impacts are temporary and the bank will recover rapidly. This site is not inhabited
by rare or endangered species.
Borderin Veg etated Wetland
Work will not effect the bordering vegetated wetland.
Land Under Water
The pond will be partially dewatered during installation of the geomembrane, however, it should
take approximately two days to complete the work. There will be some temporary construction
impacts limited to the effects of dewatering on habitat, but repair of the dam will ensure the
viability of this wetlands habitat for the next fifty years. Project impacts are temporary and the
bank will recover rapidly. This site is not inhabited by rare or endangered species.
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310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
'0.99: continued
Form 3
Commonwealth
of Massachusetts
DEP File No. 1 246- 1
(To be provided by DEP)
City/Town Northamp on
Applicant
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40,
The City of Northampton's Wetland Protection Ordinance, Ch.24
-and
Application for a Department of the Army Permit
Department of
Defense
United States
- of America
Part 1: General Information
t. Location: Street Address Roberts Hill Conservation Area - Howard's Ice Pond
Assessor=s Map & Parcel it Map 1 Parcel l�
P roject Type Description Repair and reinforce the Pxi s ting
concrete of the dam and spillway at Howard's Ice Pond.
11
k`�-10 k b �L
Registry: County _Hampsb Current Book `_ & Page
Certificate (if Registered Land)
Applicant City of Northampton - Planning & Development,Tel. 413 -5 $7-126b
Address: City Hall - 210 Main Street, Northampton, MA 01060
Property Owner Northampton Conservation Commission TeL 413- 587 -1266
Address City Hall, 210 Main Street. Northaimnrnn. MA ninon
Representative
Address
Tel.
a. Has the DEP's Western Regional Office been sent, by certified mail or hand deliver, 2
copies of completed Notice of Intent, with supporting plans and documents?
Yes Pr No ❑
Has the Northampton Conservation Commission Office been sent, by certified mail or
hand deliver, 9 copies of completed Notice of Intent, «11 supporting plans and
documents?
Yes V No ❑
1/1/94 ;10 - 4nD 40Q
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
0.99: continued
b. Has the fee been submitted?
Yes ❑ No ID
C. Total Filing Fee Submitted 0 Municipal Applicant
d_ City/Town Share of Filing Fee 0 State Share of Filing Fee 0
(Sen( to citylra.-n) (A of fee in c—ss of 125, sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the fee?
Yes 29 No ❑ No fee required, municipal applicant
f. Under which laws is this permit being requested?
Mass. Wetlands Protection Act 3_ o Northampton's Wetland Protection Ord_ ch. 24
8. Have all obtainable permits, variances and approvals required by local by -law been obtained?
Yes ❑ No ❑
obtained Applied for Not Applied For
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131,
§40A or G.L. c. 130, §105? Yes ❑ No X
10. List all plans and supporting documents submitted with this Notice of Intent
Identifying
Number/Letter Title, Date
Sheet I Construction Document Section and Details - Howards Ice Pond
Dam Rehabilitation
Plan I Howards Ice Pone, Pl 7ipw Ma3�.1
Plan II HOWard T
�- _ce Pond Wank in Roca „� Ar
Narrative Scope of Work and Specification.
4/ 1 /94
-4 — 310 CMR - 410 410
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
0.99: continued
11. Check those resource areas within which work is proposed:
(a) 10 Buffer Zone
(b) Inland
0 Bank- Land Subject to FIooding_
® Bordering Vegetated Wetland ❑ Bordering
II Land Under Water Body & Waterway ❑ Isolated
❑ Isolated Vegetated Wetland (Per NortLampton Wcda dOrdinance)
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See
General Instructions for Completing Notice of Intent_
12. Is the project within estimated habitat which is indicated on the most recent Estimated Habitat Map
of State - Listed Rare Wetlands Wildlife (if any) published by the Natural Heritage and Endangered
Species Program?
Da e printed on the Estimated Habitat M �P AVAILABLE [
�
Map ( any) 1997-199S
If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species
Program via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that
guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with
the conservation commission and the DEP regional office? YES [ I NO [ ]
If you please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered
Species Program.
Part H: Site Description
Indicate which of the following information has been provided on a pl
description or calculations) to clearly and accurately describe existing site nditio
r
Identifying Number/Letter
(of plan, narrative or calculations) rIa oral F af�irPc
Soils
Vegetation
USGS
Topography
Plan 1
Plan 1 Open water bodies (including ponds and lakes)
Flowing water bodies (including streams an d rivers)
N/A Public and private surface water and groundwater supplies on
or within 100 feet of site
A/94
31 0CMR -411 411
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
'0.99: continued
N/A Maximum annual ground water elevations with dates and
location of test
Plan II Boundaries of resource areas checked under Part I, Item II
above
Other
Man=made-Eeatures:
Sheet I, Plan I Structures (such as buildings, piers, towers and headwalls)
Sheet I, Plan I
Drainage and flood control facilities at the site and immediately
off the site, including culverts and open channels (with inverts),
dams and dikes
N/A
Subsurface sewage disposal systems
N/A Underground utilities
Plan I
Roadways and parking areas
Plan I
Property boundaries, easements and rights -of -way
Other
Part III: Work Description
Indicate which of the following information has been provided (on a plan, in narrative description or
calmlations) to clearly, completely and acmivately describe work proposed within each of the resource areas
checked in Part I, item H above.
Identifying
Number/Letter
(of plan, narrative or calculations)
Sheet I, Plan I
Sheet I, Plan I
& narrative
N/A
Sheet I, Narrative
1/1/94
Structures (such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culve and
open charnels (with inverts), dams and dikes
Subsurface sewage disposal systems & underground utilities
Filling, dredging and excavating, indicating volume and
composition of material
310 CMR - 412 412
310 CMR: DEYxRTMEN'T OF ENVIRONMENTAL PROTECTION
10.99: continued
N/A
Compensatory storage areas, where required in accordance with
Part M, 10.57(4) of the regulations_
N/A
Wildlife habitat restoration or replication areas
Other
N/A Point Source-Diwharg
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 II 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 drainag
least the 10 -year and 100 -year frequency storm, e area, at the point of discharge, for at
3 . Pre - and post - development rate of infiltration contributing to the resource area checked under
Part I, item 11 above
4. Bstimated water quality characteristics or
discharge.' and post - development run -off at the point of
Part N: Mitigating Measures
l- Clearly, completely and accurately describe, with reference to
SUPPorting Plans and calculations where necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each resource area
Specified in Part H or Part III of the regulations, or
(b) why the Presumptions set forth under each resource area specified in Part 11 or Part III of the regulations do
not apply.
4/1/94
- -- _ 31 0CMR -413 413
310 CMIL DEPARTMENT OF ENVIRONMENTAL PROTECTION
1 0-99: continued
❑ Coastal Resource Area T
j Inland YPe= Identifying number or letter of
Bank support documents
See attached description
Narrative II Plan II
❑ Coastal Resource Area Type:
13 inland B. V. W. Identifying number or letter of
support documents
See attached description Plan II
Narrative II
/1/94
31 0C1\4R -414 414
310 CM : DEPARTMENT OF ENVIRONMENTAL PROTECTION
1 0.99: continued
❑ Coastal Resource Area Type:
® Inland Land Under Water Body
See attached description
Narrative II
Identifying number or Ietter of
support documents
Plan II
2. CIearly, completely and accurately describe, with reference to supporting plans and calculations where necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter
an area specified in Part I, Section 10.02(l)(a) of these regulations; or
(b) if work m the Buffer Zone will alter such an area, all measures and designs proposed to meet the perfomrance
standards establishes for the adjacent resource area, specified in part II or Part III of these regulations.
❑ Coastal Resource Area Type Bordered Id .
support do number or letter of
U Inland By 100 -Feet Discretionary Zone: support documents
See attached description
Narrative II
4/1/94 310 CMR - 415 415
310 CMR: DEPAR -r v ENT OF ENVIRONMENTAL, PROTECTION
1 0.99. continued
Part V: Additional Information for a Department of the Army Permit
1. COE Application No.
(to be provided by COE)
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 -lion, showing the resource area and the proposed activity within the
resource area. Drawings must be to scale and should clear enough for photocopying:
ertification is required from the Division of Water Pollution Control before the Federal Permit can be issued, Certification may
)e obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston, Massachusetts, 02108. _
Nhere the activity will take place within the area under the Massachusetts approved Coastal Zone Program, the
applicant certifies that his proposed activity complies
-ogram_ with and will be conducted in a manner that is cousistent� the approved
nfotmation provided will be used in evaluating the application for a permit and is made a matter of public record through issuance
)fa public notice,. Disclosure of this information is voluntary, however, if necessary information is not provided, the application
annot be processed nor can a permit be issued.
hey cerftfy under the Pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents
nd supporting data are true and complete, to the best of my knowledge.
X55?1-a1K1 54�-
ignature of Applicant
/-"Z/
Date
Ignature of Applicant's Representative
Date
Form "Exception to ENG Form 4345 approved by HOUSACE, 6 May 1982"
[ED 100 (Test)
1 MAY 82 "This document contains a joint D of the Army and state of Massachusetts application
for a permit to obtain permission to perform activities m the United States waters. The Office
Of Management and Budget ( OMB) has approved those questions required by the US Army
Corps of Engineers. OMB Number 072 -0036 and expiration date of 30 September 1983 applies ".
This statement will be set in 6 point type.
/1/94
3 10CMR -416 416
Notice of Intent Supplemental Form for Riverfront Area
The Notice of Intent Supplemental Form for Riverfront Area is recommended for use with the Notice of Intent
(Form 3) in the wetland regulations (3 10 CMR 70.99). This form should be used foractivities that are located'
the Riverfront Area. See instructions for information about completing this form. Applicants also may refer to the
Checklist for Review of Activities in the Riverfront Area "issued by the Department of Environmental Protection in
November 7996. The checklist should not be submitted with the form; it is Included to4ndk;ate how a conservation
commission may evaluate application information. Attach the completed supplemental form to the Notice of
Intent, including any appropriate documentation as needed. Use additional pages if necessary.
L Mean annual high -water line determined bv:
❑ Changes in soil, vegetation; water marks; scouring
❑ Top of bank (inland rivers)
❑ First observable break in slope
❑ Mean annual flood level
❑ Mean high water (for coastal rivers only)
(Idewifi• the mean annual high- 11- - ater line on the Notice of Intent plans.)
2. Width of Riverfront Area:
❑ 200 feet ❑ 25 feet
(Identify the Inner and Outer Ripatzan Zones on the Nonce of Gwent plats.)
3. Activity is not subject to Rivers Protection Act - because:
❑ Expansion of publicly owned structures, airports, marine cargo terminals begun before November 1, 1996
❑ Draft EIR filed on project before November 1, 1996
❑ Building permit filed before October 1, 1996 and granted before April I, 1997
❑ Roads, utilities, drainage structures under a definitive plan approved or endorsed on or before Au 1,
1996 pursuant to the subdivision control law (MGL c. 41 §81 U)
❑ Subject to Chapter 91 waterways license -or permit
® Other - describe: 310 CMR 10.58 (6) Any... Structure... owned by a
Political
subdivision... within the riverfront area in existence on August/, 19961'
4. Project type ntenance of such structures is allowed without filing a NOI for work within
❑ Single family home iverfront area.
❑ Residential subdivision
❑ Commercial development
❑ Industrial development
❑ Transportation
❑ Other - describe:
5. Amount of alteration in Riverfront Area:
a. If Riverfront Area is 200 feet wide, identify amount of alteration:
square feet of Inner Riparian Zone (0-I00 feet from river)
square feet of Outer Riparian Zone (I00 -200 feet from river)
b. If Riverfront Area is 25 feet wide, identify amount of alteration:
square feet of Inner Riparian Zone (0 -15 feet from river)
///96
(Omer)
DEP File No. 246 -446
Form 5 (To be provided by DEP)
Commonwealth of City /Town: NORTHAMPTON
Massachusetts Applicant:
Office of Planning & Develop-
ment
Order of Conditions
Massachusetts Wetlands Protection Act
G. L., c.131, p. 40
From The NORTHAMPTON Conservation Commission Issuing Authority
Northampton Conservation Commission
To NORTHAMPTON CITY OF
Office of Plannine & Development
(Name of property owner) (Name of person making request)
This order is issued and delivered as follows:
_X—by hand delivery to person making request on 070.9/1999 (date)
_ - -by certified mail, return receipt request on (date)
This project is located at CHESTERFIELD RD 1840 162
The property is recorded at the Registry of, Book: Page: (Also, Book 1874, Page 21 and Book
Certificate (If registered) 1929, Page 323)
The Notice of Intent for this project was filed on .Tune 2, 1999.
The public hearing was closed on 07/12/1999
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 NORTHAMPTON Conservation Commission at this time, The
NORTHAMPTON Conservation 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
Presumtions of Significance set forth as the regulations for each Area Subject to Protection
under the Act:
Prevention Of Pollution Wildlife Habitat Protection
Total Filing Fee Submitted_ 00 State Share City /Town Share
Total Refund Due State Portion _ _ City /Town Portion
GeoTMs® 1998 Des Lauriers & Associates, Inc. - -- — — --
Therefore The NORTHAMPTON Conservation Commission hereby finds th
conditions are necessary, in accordance with the Performance Standards set fortt the following
regulations, to protect those interests checked above. The NORTHAMPTON h in the
Commission orders that all work shall be performed in accordance with the
with the Notice of Intent references above. To the extent that onservation
or differ from the plans, specifications or other proposals su said conditions and
t the following conditions modify
the conditions shall control. bmitted with the Notice Intent,
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
to private e s. any
property or invasion of private rights. exclusive privileges; it does not authorize any injury
3: This Order does not relieve the permittee or any other person I
applicable federal, state or local statutes, ordinances, by -laws, or regulations. of the necessity of com P Y in
g with all other
4: The work authorized hereunder shall be completed within three years from the date of this
either of the following apply.
(a) the work is a maintenance dredging Order unless for in the Act-, or
(b) the time for completion has been g ended to aspecified da e more than three years but ess tha n 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. ln five
5: This Order may be extended by the issui
upon application to the i ng authority for one or more periods of up to three e ars each
ssui years 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,
debris, including but not limited to lumber, bricks, plaster, wi, pipe, tires ashes
refrigerators, motor vehicles or parts of any of the fore oin re, lath, paper, cardboard, or
demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and gene al efuse. usg
7 : No work shall be undertaken until all administrative appeal periods from this Order have
such an appeal has been filed, until all procedings before the Department have been Completed. or, if
8: No work shall be undertaken until the Final Order has been recorded in the Registry
Court for the district in which the land is located, within the chain of title of the affected property,
case of recorded land, the Final Order shall also be noted in the Re is of Deeds or the Land
of the owner of the land upon which the proposed work is to be done. T s Grantor Index under the name l b e
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 Re is The recording information shall be
to insure the Order is properly recorded, g fr3 of Deeds. It is the applicant's responsibility
9: A sign shall be displayed at the site not less that two square feet or more than three square feet
in size
bearing the words, "Massachusetts Department of Environmental Protection, File # 246 -446.
3 eoTMS®1998 Des Lauriers & Associates, Inc.
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:
All Plans and Information on file with Northampton Conservation Commission.
Plans:
Title Date Signed and Stamped by:
Notice of Intent 06/01/99
Special Conditions (Use additional paper if necessary)
on file with:
Office of Planning § Development
13: The Commission, its employees and agents shall have a right of entry to inspect the site for compliance
with this Order.
14: This Order of Conditions shall apply to any successor in interest or successor in control.
15: 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 instrument conveying any or all of the owners' interest in said property or any portion thereof, shall
contain language similar to the following:
"This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection
Act. Any construction or maintenance work performed on this property requires an Order of Conditions,
and/or a Determination of Applicability from the Northampton Conservation Commision";
16: 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.
17: 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.
18: All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality
Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to
the start of projects involving fill within any wetland resource area.
GeoTMS® 1998 Des Lauriers & Associates, Inc.
19: No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -
year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are
specifically approved by the Commission, in accordance with 310 CMR 10.00, and City of Northampton
Ordinances - Chapter 24;
20: Any change or deviation from the Notice of Intent, plans and/or Order of Conditions approved by the
Commission, prior to or during construction, shall require the applicant to file a request for an amendment
with the Conservation Commission. It shall include a written inquiry as to whether or not the change is
substantial enough to require the filing of a new Notice of Intent.
After making a positive determination, the Commission shall conduct a public hearing to amend the Order
or to issue a new Order, if a new Notice of Intent is required.
21: In accordance with General Condition 8 of this Order, this Order shall be recorded at the Hampshire
County Registry of Deeds by the Northampton Conservation Commission prior to commencement of
work on the site.
22: All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation
Commission and incorporated into this Order by reference and shall be followed during the course of
construction.
23: Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows:
(None).
GeoTMS® 1998 Des Lauriers & Associates, Inc.
Special Conditions (Use additional paper if necessary)
Issue Effective Expiration Date Recorded Recorded
Date: Date: Date: Recorded: Plan Book: Plan -Page:
07/12/1999 07/29 /1999 07/29/2002
Condition: PRE - CONSTRUCTION REQUIREMENTS:
24.Prior to the start of any site work, excavation or construction, a
preconstruction conference shall be held on the site, between the contractor
conducting the work, the site /project engineer, the applicant, and a member or
agent of the Conservation Commission, in order to ensure that the requirements
of this Order are understood by all parties. Prior to the pre - construction meeting,
all erosion control devices must be installed, also.
07/12/1999 07/29 /1999 07/29/2002
Condition: Work may include the dredging of up to one hundred cubic yards of material
from the pond. Prior to dredging, the applicant must submit a plan to the
Conservation Commission for its review and approval specifying the exact
amount of material to be removed, the techniques to be used and where the spoils
are to be placed.
07/12/1999 07/29 /1999 07/29/2002
Condition: Work may also include the installation of a sediment catching basin upstream at
the location of the old bridge abutment. Prior to the construction of the
sedimentation basin, the applicant must submit a plan detailing the design of the
basin to the Commission for its review and approval.
(Leave Space Blank)
GeoTMS® 1998 Des Lauriers & Associates, Inc.
310 CMR: D1 --iRTMENT OF ENVIRONMENTAL I _ .- JTECTION
10.99: continued
Issued by the Nnrthamp an Conservation Commission
Signature(s) _
l
J
This Order must be signed by a majority of the Conservation Commission.
On this 12th day of July 19 99
before me personally
appeared Ma enn Ma rnnn to me known to be the person described in, and who executed,
the foregoing i mstrument, and acknowledged that e /she executed the same as his/her free act and deed.
JOHN T. BENNETT, III
Notary Publi PIS I ,b1ic
My Commission Expires Commonwi alth of Massachusetts
My Commission Expires
July, 19-1105
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
To Northampton Conservation Commission
Issuing Authority`"" -
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in - 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
4/l/94
Applicant
310 CMR - 423 423
310 CMR 10.90
Form 1
v
Commonwealth
of Massachusetts
DEP Foe No 246_
(To oe orowow Dy DER)
Gov iowr Northampton
Aoacal•, Northampton Planning Dept.
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
& NORTHi'-MPTON WETLANDS PROTECTION ORDINANCE
I. the uncersicnec. nereov request that the Northampton
Conservation Commission make a ce *.erm!nanon as to wnether the area. aescnDea Delow, or work to
be oertormec on said area. also aescr below, is subject to the jurisdiction of the Wetianes
Grotecticn Act. G._ c. 131, S4C.
The area !s aescrioec as tot!cws. (Use mans cr oiar.s, if necessary, to orcv!ce a oescr ct.on anc `.ne
iodation of the area suo!ec: to tn!s request.) AT'T'ACH LOC�S SAP SHOia NG SITE �OCAI ON.
Location: Street Aeoress Chesterfield Road
Lot Number: D #) 1OD -1
Roberts Hill Conservation Area - Work on the Howard's Ice Pond Dam located
on the southerly side of the conservation area off Chesterfield Road. All
work is on the Dam (Dam #2 -8- 214 -8). See attached V.S.G.S. Locus Map and
Northampton Topo Map.
n@ 'worK !n SalS area !s cesorzec oe!ow. (U se additional Sace li necessary, t : ceScrze :ne
prcDcsec worK. )
1. Hydraulic Cement to fill cracks in spillway floor and holes in the
sidewall of the spillway chute. Work will be done when water levels
below top of spillway. - See attached sketch of dam spillway and Dam.
2. Removal of trees from dam.
3. Soil /gravel may be placed under and around spillway chute where it has
eroded.
E ective 1i" I E -c
v
4 The ownensl of the area. if not the oerson maKmc this reauest. has been riven wr,tten notification of this
reauest on March 12, 1990 Late)
The nametsl ane aeeress(es) of the owner(s):
Northampton Conservation Commission
City Hall, 210 MainStreet
Northampton, MA 01060
nave file0 2 COT,OIete cony 0f •.nts reaues: with the azorcmrlate recicnal "tike 0 the massacr::se "S
`�� =�`
De =a: ^,men; of Environmental Protection March 13, 1990
DE? Western Recicnai C fise
State House West. 4th Floor
436 Dwight Street
Sprincfieid, MA Oi1C3
e. I unoerstanc that notification of this reauest will be oiacec in a locai newsoaoer at my expense in accor-
cance with Section � 0.05(3) (b) 1 of the recutatior oy the Conservation Commission and that I wiii be
billed acccreineiy. I understand I must place the Notice in the local newspaper so
it appears at least five business days before the first Puolic Hearing.
For Northampton Planning Department
1� �h Kamp Wayne Feiden
Sicnature
Office of Planning and Development
Accress
City Hall, 2 Main Street 1 (413) 586 -6950
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310 CMR 10.99 -
Form 2
,�. OEP File No. 1 246 —
""— (To be provided by OEP)
Commonwealth City,Town Northampton
of Massachusetts Northam
Applicant pion
Oats Fieoueat Fled
03/12/90
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. C. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commi ssi nn , Issuing Authority
To Northampton PZanning Department
(Name of person making request)
210 Main Street
Aodrp-z Northampton, MA 01060
City of Northampton
(Name of property owner)
Addres.q Same
This determination is issued and delivered as follows:
by hand delivery to person making request on
by certified mail, return receipt requested on
March 27, 1990 .(date)
,(date)
Pursuant to the authority of G.L. c. 131, §40, the Northampto Conservati ; o n CoD mi ,ci nn
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 Off CHesterfieZd Road
Lot Number: (MAP ID. #) 10D -1
This Determination irs ositiv
1. The area describe+�below, w�iich includes all /part 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 filing of a Notice of Intent.
11
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 described In vour 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.
1. All work must be done with hand tools (except chain saws may be used)
2. No more than 6 yards of sand /gravel may be brought on site without Commission site
3, Concrete work must be done during period of low flow. visit,
This Determination is negative:
1 . �; The area described In your request is not an Area Subject to Protection Under the Act.
2. IN The work 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. (see three conditions above)
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 Under the Act. Therefore, sago work does not require the
filino of a Notice of Intent.
4. = 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 exemption.as specified In the Act and
the regulations, no Notice of Intent is required:
Issued by Northampton
Sionature(s)
Conservation Commission
This Determination must be signed by a majority of the Conservation Commission. f
On this 26th . day f March o 90
Y 1 ,before me
personally appeared ?, , v I C E6fiL t rit to me known to be the
person described in, and who executed, the foregoing instrument. and acknowledged that he /ShLh executed
the same as his/her free act and deed.
L
1 <_ ��? YN M: REIDEN
- "'Arcr VUBL[C
Notary Public My C0M?ft W
` °''as *o7V EXPIRES JAN. ta, 1096
This Determination does not relieve me applicant from Complying with all other aDDiicaDie federal. state o local statutes. ordinances.
Dylaws or regulations. This Determination snail be valid for three years form the date of issuance
The apDiicant, the owner. any person aggrieved by this Determination, any owner of land abutting the land upon wnicn the proposed work
is to be done, or any ten resioents of the city or town in wnicn such land is located, are nereDy notified of tneir right to reduest the Department
of Environmental Protection to issue a Superseding Determination of Applicability, provioing the request is made by cerhtied mail or nand
delivery to the Department, with the appropriate Mind tee 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 reouest snail at the same time be sent by certified mail or nano delivery to the
Conservation commission and the aDDUCant.
2 -2A