1250 Westhampton Rd Driveway OrderBk: 12630 Pg: 211
11flUI11011111HHUMHP
20 7 0000900
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Recorded: 05/25/2017 01:24 PM
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 #:246-0700
eDEP Transaction #:926202
City/Town:NORTHAMPTON
A. General Information
1. Conservation Commission NORTHAMPTON
2. Issuance a. 17 OOC b.r Amended OOC
3. Applicant Details
a. First Name CRAIG b. Last Name WEISE
c. Organization
d. Mailing Address P.O. BOX 2595
e. City/Town HOLYOKE f. State MA g. Zip Code 01041
4. Property Owner
a. First Name DELORES b. Last Name WEISE
c. Organization
d. Mailing Address 53 PINECREST DRIVE
e. City/Town CHICOPEE f. State MA g. Zip Code 01020
5. Project Location
a.Street Address 1250 WESTHAMPTON ROAD
b.City/Town NORTHAMPTON c. Zip Code 01062
d. Assessors 41 e. Parcel/Lot# 047
Map/Plat#
f. Latitude 42.29255N g. Longitude 72.72855W
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book d. Page
HAMPSHIRE 4470 124
7.Dates
a. Date NOI Filed : 2/9/2017 b. Date Public Hearing Closed: 5/11/2017 c. Date Of Issuance: 5/18/2017
8.Final Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
CRAIG WEISE
RESIDENTIAL
DRIVEWAY, PROTERRA DESIGN JESSE M. MORENO 5/10/2017 VARIED
SHEETS ECI, S1, GROUP
P1, WC1, WR1,
ES1, AND D1-2
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. 17 Public Water Supply
b. r Land Containing Shellfish c.17 Prevention of Pollution
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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 #:246-0700
eDEP Transaction #:926202
City/fown:NORTHAMPTON
d. F Private Water Supply e. 17 Fisheries
g. B Ground Water Supply h. P Storm Damage Prevention i. B Flood Control
f. 17 Protection of Wildlife Habitat
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
a P 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.r 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.r 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 final Order of Conditions is
issued. A description of the specific information which is lacking and why it is necessary is attached to
this Order as per 310 CMR 10.05(6)(c).
3.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 Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a. linear feet b. linear feet c. linear feet d. linear feet
5.P Bordering Vegetated Wetland 1200 1200 3020 3020
a. square feet b. square feet c. square feet d. square feet
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
a. square feet b. square feet c. square feet d. square feet
e. c/y dredged f. c/y dredged
a. square feet b. square feet c. square feet d. square feet
e. cubic feet
f. cubic feet g. cubic feet h. cubic feet
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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 #:246-0700
eDEP Transaction #:926202
City/fown:NORTHAMP[ON
Cubic Feet Flood Storage
9.r Riverfront Area
Sq ft within 100 ft
Sq ft between 100-200 ft
a. square feet b. square feet
c. cubic feet d. cubic feet
a. total sq. feet b. total sq. feet
c. square feet d. square feet
g. square feet h. square feet
e. cubic feet f. cubic feet
e. square feet f. square feet
i. square feet j. square feet
Coastal Resource Area Impacts:
Resource Area
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean, below
11.r Land Under the Ocean
12.r Barrier Beaches
13.r Coastal Beaches
14.r Coastal Dunes
15.r Coastal Banks
16.r Rocky Intertidal Shores
17.r Salt Marshes
18.r Land Under Salt Ponds
19.r Land Containing Shellfish
20.r Fish Runs
a. square feet b. square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. c/y 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
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. c/y dredged
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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 #:246-0700
eDEP Transaction #:926202
City,Town:NORTHAMPCON
21.r Land Subject to Coastal Storm Flowage
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 BV W b. square feet of Salt Marsh
23.
r 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.
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 fmal 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 Registry's Grantor Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of the registered
land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon
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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 #:246-0700
eDEP Transaction #:926202
City/Town:NORTFIAMPTON
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 :"246-0700"
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) r is not (2)17 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 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 stormwater 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
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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 #:246-0700
eDEP Transaction #:926202
City/Town:NORTHAMPTON
BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or
treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the
BMP has been properly cleaned or prepared for post construction operation, including removal of all
construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction
BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is
fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in
accordance with the plans (including all planting plans) approved by the issuing authority, and have been
inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation
associated with post -construction BMPs is suitably established to withstand erosion.
c) 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 Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement,
assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the
property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing
authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the
proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of
Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to
implement the requirements of Conditions 19(f) through 19(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.
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
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g)
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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 #:246-0700
eDEP Transaction #:926202
City/Town:NORTHAMPTON
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.
j)
The stormwater management system approved in the Order of Conditions shall not be changed without the
prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as
defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design
Credits) shall not be altered without the prior written approval of the issuing authority.
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:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1.Is a municipal wetlands bylaw or ordinance applicable?P Yes r No
2.The Conservation Commission hereby(check one that applies):
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.pi 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
3The 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
Provide/ 4y -0700
(_[�E(I{,1�
MassD File #
q?b,Poa
eDEP Transaction #
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.
MayI,8t7
1. Date o Issu ce
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 ele tronically at the same time
with the appropriate MassDEP Regional Office.
Signatures:
❑ by hand delivery on
Date
cg by certified mail, return receipt
req ested o
cl$ aoll
Dat
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
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"ATTACHMENT A"
The Northampton Conservation Commission finds that the work proposed qualifies as a limited
project driveway crossing pursuant to 310 CMR 10.53 (3) (e)
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
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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.
Condition 30 is specific to the Northampton Wetlands Ordinance:
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
areas follows: 33, 38, 39
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
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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 applicant and contractor shall develop a specific plan to prevent alteration to
wetlands areas during construction. This plan shall include specific provisions, and must
be included in the sequencing plan.
35. 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."
36. Prior to the issuance of a certificate of compliance, the applicant shall demonstrate that at
least 75% of the surface of each replacement area has been re-established with
indigenous wetlands plants.
37. 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.
38. Future alterations of areas shown on NOI plans as Wetland Replication Areas and
Riverfront Mitigation Areas, except as may be required to maintain them in restored or
mitigated condition, are prohibited. Additional allowable activities are removal of
species listed on the Massachusetts Prohibited Plant list and planting of native species.
39. Except for the footprint of the driveway access, all areas shown on plansheet S-1 as being
within wetland resource areas and buffer zones shall remain in a natural and undisturbed
state. Alteration within these areas, including but not limited to, removal of vegetation,
Construction of buildings, and creation of lawn, is prohibited. Creation and maintenance
of a drinking water well as shown on sheet S-1 is not subject to this condition.
40. Prior to issuance of a building permit, the applicant shall install a minimum of five thirty-
six inch boulders along the 100' BVW buffer area on the southern portion of the parcel to
demarcate the no -disturb area.
41. Prior to the preconstruction meeting, the applicant shall obtain a stormwater permit or
permit waiver from the Northampton Department of Public Works.
42. Prior to the preconstruction meeting, the applicant shall have completed zoning review
with the Northampton Building Department, and shall have obtained a curb -cut permit
from Northampton Department of Public Works.
, BICQISTIltt