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13-073 25 Coles Meadow Rd-Rockridge-Order of Conditions ConservationImportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the retuy. rn ke ' AI From: Northampton Conservation Commission This issuance if for (check one): ® Order of Conditions ❑ Amended Order of Conditions To: Applicant: New England Deaconess Association Name 80 Deaconess Road Mailing Address Concord MA 01742 City/Town State Zip Code INI lull 111111111111 Bk: 7241 Pg: 149 Page: 1 of 11 Recorded: 06/06/2003 08:48 AM Property Owner (if different from applicant): Name Mailing Address City/Town State Zip Code 1. , Project Location: Comer of North King Street & Coles Meadow Road Northampton Street Address City/Town 13 73 Assessors Map /Plat Number 2. Property recorded at the Registry of Deeds for: Parcel /Lot Number Hampshire 1541 127 County Book Page Certificate (if registered land) 3. Dates: March 6, 2003 April 10, 2003 April 16, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): See "Attachment X title Date 5. Final Plans and Documents Signed and Stamped by: Kelly Killeen, P.E. Name 6. Total Fee: $500.00 (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Rev. 02/00 Page t of 7 BKo1241Pc150 ; Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -521 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of 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: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ® Groundwater Supply ❑ Fisheries ® Storm Damage Prevention ® Protection of Wildlife Habitat ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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 these interests, and a final Order of Conditions is issued. ❑ 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 Act's interests, 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). General Conditions (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. WPA Form 5 Page 2 of 7 Rev. 02100 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. 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. 7. 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. 8. 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 which the proposed work is done. The recording information shall be submitted to this 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. 9. 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, VA DEP "] "File Number 246 -521 10. 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 DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 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. 14. 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. WPA Form 5 Page 3 of 7 Rev. 02/00 BK0124 1 PG 1 52 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -521 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 16. 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. 17. 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. Special Conditions (use additional paper, if necessary): For additional conditions see "Attachment B" Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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 of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Form 5 Rev. 02/00 Page 4 of 7 BKO124 1 PG 153 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -521 WPA Form 5 - Order of Conditions Provided by DEP s 4; Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. April�22, 2003 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or h d delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the ap o riate Department of Environmental Protection Regional Office (s Appendix A and the property w er (if different from applicant). Signat es: w � Q On Tenth Of April, 2003 Day Month and Year before me personally appeared . •• " the above -named 7 4( �,J R_SO oM CIS to me known to be the person described in and who executed the foregoing instrume0t acknowledged that he /she executed the same as his /her free act and deed. Nota Public My ` n E J \`�,�— ,� ,• • Y , 1 .01 F P . This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested, on Date WPA Form 5 Rev. 02/00 April 22, 2003 Date Date sent to DEP: April 22, 2003 Page 5 of 7 PK0124 1 PG 1 5b "ATTACHMENT A" "Cover Sheet Rockridge at Laurel Park, North King Street, Northampton, MA" Sheet No. Cl, prepared by Coler & Colantonio, Inc., dated December 23, 2002. 2. "Existing Conditions, Abutter & Zoning Plan, Rockridge at Laurel Park, North King Street, Northampton, MA" Sheet EC -1, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 3. "Grading & Utilities Plan, Rockridge at Laurel Park, North King Street, Northampton, MA." Sheets GU -1 — GU -4, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 4. "Layout & Materials Plan, Rockridge at Laurel Park, North King Street, Northampton, MA." Sheets L -1 — L -4, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 5. "Planting & Lighting Plan, Rockridge at Laurel Park, North King Street, Northampton, MA." Sheets PL -1— PL -3, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 6. "Construction Details, Rockridge at Laurel Park, North King Street, Northampton, MA." Sheets D1- D5, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 7. "General Notes, Rockridge at Laurel Park, North King Street, Northampton, MA." Sheet GN -1, prepared by Coler & Colantonio, Inc., dated March 6, 2003. 8. "Wetland Boundary Plan, Rockridge at Laurel Park" Sheet 1 of 1, prepared by Coler & Colantonio, Inc., dated January 21, 2003. ` BR0124 I Pc 151 "ATTACHMENT B" described in this Order must advise any potential buyer of the 18. The owner of the property including brush cutting or property that�any construction or alteration to said property, c learance, may require approval by the Northampton Conservation Commission. or all of the owners' interest in said property or any portion Any instrument conveying an Y thereof, shall contain language similar to the following: This property s sub to the Northampton Wetlands Protection i J Ordinance and/or Wetlands Protection Act. Anyc nstr cti n or of maintenance an a Deter tionlof Applicability e from the Northampton Conditions, an Conservation Commission. A co of this Order and associated plans shall remain equipment site during ll operators shall be 19. pY and/or building activities. The project in and a familiar with the approved plans, an d shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. d permits must be obtained from the Army Corp of Engineers (Section 404, All required Board, Zoning Board, Department of Public Water Quality Certification), Planning rior to the start of projects involving fill within any Works, or Building Inspector p wetland resource area; No disposal of soils or other materials shall be allowedo within- 00 -feet of a 0 21. wetland, Y feet of the 100 -year floodplain elevation; any wetland, unless such areas are specifically approved by y t Chapter n, in accordance with 310 CMR 10.00, and City of Northampton Ordinances 22. All revised plans, refer ed within this Order of Conditions, shall be approved by the enc Conservation Commission an d 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: # 39 & 40. 24. Prior to the start of a ny site work, excavation or construction, a preconstruction conference shall be held on the site, between the agent of the Conservat work, the site /project engineer, the applicant, and a mem ber or g Commission, in order to ensure that the requirement on control rer are understood must be by all parties. Prior to the pre - construction meeting, all erosion installed, also. BK0124 1 PG 158 PRE - CONSTRUCTION REQUIREMENTS: 25. The applicant shall notify the Commission, in writing, as to the date that the work will commence on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity. EROSION AND SEDIMENTATION CONTROL: 26. The erosion control barrier shall consist of polypropylene silt fencing and staked straw bales and shall be trenched. 27. The erosion control barrier shall serve as the limit of work line. 28. The cutting of trees located within the right -of -way shall be allowed prior to the installation of a siltation barrier as long as the stumps are not removed or unearthed. 29. All silt fencing and erosion controls shall be installed prior to removal of stumps and shrubs within the right -of -way. 30 All excavated and stockpiled materials shall be located outside the wetland resource area and 75 -foot buffer, and shall be stabilized with a silt fence to prevent erosion and sedimentation into the buffer and resource area. 31. The erosion controls shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover and authorized by the Conservation Commission or their agent. 32. All vehicles and equipment shall be stored outside of the 100 -foot buffer at the close of each workday. WETLAND REPLICATION: 33. The wetland replication shall be as specified in the Notice of Intent. 34. A report of the success of re- vegetation activities shall be submitted to the Conservation Commission, by a qualified wetlands scientist on the following schedule: By: May 2004. By: May 2005. 35. If more than 50% wetland vegetation has not been established after one growing season (1 year), then additional plantings and/or changes to the wetland restoration plan shall be submitted to the Conservation Commission for consideration and approval. 36. If more than 75% wetland vegetation has not been established after two growing seasons , 1 BK 0124 1 PG 15q (2 years), then additional plantings and/or changes to wetland restoration plan shall be submitted to the Commission for consideration and approval. 37. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report" by a qualified individual, of work completed on the site, actions taken during the replication and the rate of success of wetland replication. POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE: 38. If checked: [X] YES 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; all wetland replication areas; and all dates of fieldwork. 39. Semi - annual inspection by a qualified person shall be made of all structural stormwater BMP's (including catch basins, area drains, manholes, water quality inlets, detention facility, outlet structures and swales) with reports submitted to the Commission no later than May 15 of each year. Any repairs or cleaning shall be performed as necessary, based on the inspections, cleaning to be performed at minimum of two times each year, with receipts provided to the Conservation Commission annually, no later than May 15 40. The parking area must be swept a minimum of four times per year to achieve 10% TS removal, at least once in the fall and spring prior to cleaning and inspection of catch basins, with receipts provided to the Conservation Commission annually, no later than May 15 41. The boardwalk shall be constructed without the use of pressure treated lumber. 42. The applicant shall promote the education and understanding of the detrimental impacts of herbicides, pesticides on the adjacent wetlands to all potential users of the community gardens and encourage the use of the natural slow release fertilizers. ATTEST: HAMPSHIRE, 0'0/ fLKRf �-- R EGISTER MARIANNE L. DONOHUE Massachusetts Department of Environmental Protection DEP File Number: '— Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Wetland Protection Ordinance, Chapter 24 Town A. General Information Important: 1 Applicant: When filling out forms on the New England Deaconess Association E -Mail Address (if applicable) computer, use Name _ only the tab 80 Deaconess Road key to move Mailing Address your cursor- MA 01742 do not use the Concord State Zip Code return key. City/Town 978- 369 -5151 978 - 369 -9627 Fax Number (if applicable) Phone Number 2. Representative (if any): _ Coler and Colantonio, Inc. Firm _ David Thompson Contact Name E -Mail Address (if applicable) Note: Before 1 Sugarloaf Street completing this Mailing Address 01373 _ form consult South Deerfield MA your local State Zip Code CitylTown Conservation 413- 665 -5321 413- 665 -5390 Commission Fax Number (if applicable) regarding any Phone Number municipal bylaw or ordinance. 3 property Owner (if different from applicant): Name Mailing Address — State Zip Code City/Town 4. Total Fee: $500.00 (from Appendix B: Wetland Fee Transmittal Form) — 5. Project Location: _ corner North King Street and Coles Meadow Road No th ton cityfT Street Address 13 -073 Parcel /lot Number (REQUIRED) Assessors Map /Plat Number (REQUIRED) 6. Registry of Deeds: 1541 127 _ Hampshire Book Page County Certificate (if Registered Land) ._ r e: The Northampton Conservation Commission requires nine (9) collated copies of the mpleted Notice of Intent application together with the filing fee. Pa of WPA Form 3 Rev. 02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Wetland Protection Ordinance, Chapter 24 Town A. General Information (cont.) 7. summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? Q Yes If yes, how many square feet? 21,500 S. f. ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact (e.g., sq. ft.) Boredering Vegetated Wetland 4 s. f. B. Project Description 1. General Project Description: Project involves 37, 427 s. f. addition and 12 one - bedroom attached cottages added to existing 38, 800 s. f. level four nursing home, which will be operated as an assisted - living residence. Associated site improvements include driveways, parking, site utilities, walks and landscaping. 2. Plan and /or Map References: Proposed Site Improvements, Rockridge at Laurel Park, North King Street, Northampton, Massachusetts, prepard by Coler and Colantonio, Inc., 3/06/03. Date Title Page 2 of 8 WPA Form 3 Rev. 02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act 1 40 Northampton M.G.L. c. 131, § City of Northampton Wetland Protection Ordinance, Chapter 24 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach Q Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost (cubic feet) Square Feet replaced Volume of Flood Storage Compensation (cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost (cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation (cubic feet) Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Square Feet altered Cubic Yards/Volume removed Salt Marsh: Square Feet altered Coastal Bank: Linear Feet altered Land Under Salt Pond: Square Feet altered Cubic Yards dredged Rocky Intertidal Zone: Square Feet altered Designated Port Area: Square Feet altered Page 3 of 8 WPA Form 3 Rev. 02/00 h setts Department of Environmental Protection DEP File Number: Massac u Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Wetland Protection Ordinance, Chapter 24 C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: Square Feet altered Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects c. Describe how the Mean Annual High -Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High -Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: Square Feet f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft. and 200 ft. Page 4 of 8 WPA Form 3 Rev. 02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 N City of Northampton Wetland Protection Ordinance, Chapter 24 C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ._ ❑ DEP BVW Field Data Form (attached) Q Final Determination of Applicability issued by Conservation Commission (attached) ,— ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more wetland indicator plants ❑ Saturated /inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3 anortion of the proposed project located in estimated Habitat Map of State - Listed Rare Wetland Wildlife most published by the Natural recent Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 Q No 10/1/99- 12/31/01 Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): x❑ No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes Q No Page 5 of 8 '— WPA Form 3 Rev. 02100 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands i, WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Wetland Protection Ordinance, Chapter 24 Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: F1 No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: F1 No 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ❑ Other (describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? — ❑ Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ❑ Yes If yes, explain why the project is exempt: No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. Page 6 of 8 WPA Form 3 Rev. 02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 To nhampton City of Northampton Wetland Protection Ordinance, Chapter 24 -- E. Additional Information Applicants must include the following with this Notice of Intent (NOI): USGS or other map of the area (along with a narrative description, if necessary), containing sufficient information for the Conservation Commission and the Department to locate the site. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form) . List the titles and final revision dates for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and Appendix B. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm '— fee payment: 69094 3/04/2003 _ Check Number Check date New England Deaconess Association Applicant name (if different from payor) Payor name on check G. Signatures and Submittal Requirements _ I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand _ that the Conservation Commission will place notification of this Notice in a local newspaper in accordance with the wetlands regulations, 310 CMR 10.05(5)(a) and that the expense associated with _ this notice is included in the Notice of Intent filing fee. I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the '— requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. This is the responsibility of the applicant. of Applicant Signature of Property owner (if different) Of Date Date Date Page 7 of 8 WPA Form 3 Rev. 02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetland Protection Ordinance, Chapter 24 G. Signatures and Submittal Requirements (cont.) DEP File Number: Provided by DEP Northampton Town For Conservation Commission: Nine (9) collated copies of the completed Notice of Intent (Form 3), including supporting plans and documents; nine (9) collated copies of pages 1 and 2 of Appendix B; and the Northampton fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office (see Appendix A) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. apter 472 of the Acts of 1993 :tion 1.Section 40 of Chapter 131 of the General Laws, as appearing in the 1992 cial Edition, is hereby amended by inserting after the first paragraph the following aragraph: Any person filing a notice of intention with a conservation commission shall at the me time give written notification thereof, by delivery in hand or certified mail, return aeipt requested, to all abutters within one - hundred feet of the property line of the land sere the activity is proposed, at the mailing addresses shown on the most recent ►plicable tax list of the assessors, including, but not limited to, owners of land directly >posite said proposed activity on any public or private street or way, and in another unicipality or across a body of water. Said notification shall be at the applicant's cpense, and shall state where copies of the notice of intention may be examined and )tained and where information regarding the date, time and place of the public hearing ay be obtained. Proof of such notification, with a copy of the notice mailed or slivered, shall be filed with the conservation commission. tion 2.The notification required by Section 1 of this act shall not apply to projects of Massachusetts Department of Highways. Page 8 of 8 WPA Form 3 Rev. 02100 NOTICE OF INTENT NARRATIVE A. Existing Site Description The subject property is 11.09± acres located at the northwest corner of the intersection of Coles Meadow Road and North King Street. The site currently contains a 38,800 S. f. combination 1 -story and 3 -story building that is operated by the New England Deaconess Association as a 61 -bed congregate assisted - living ._ facility and level 4 nursing home. All of the developed portion of the site is on the southern end along Coles Meadow Road, and is separated from the northern end of -- the site by a bordering vegetated wetland the crosses the site at its approximate midpoint. Except for the developed portion of the site, the majority of the site is wooded. There is an area on the central upland area of the site that has been _ maintained for a number of years as a community garden by the Laurel Park Community. The main entrance to the facility is on Coles Meadow Road, with a service drive on North King Street. The project is served by municipal sanitary sewer and water. B. Proposed Project Description New England Deaconess Association proposes to construct a 37,427 s. f. addition to the existing facility, plus 12 attached one - bedroom cottages, and operate the entire facility as an assisted living residence. The associated site improvements include driveways, parking, site utilities, walkways and landscaping. The existing entrance drive will be enlarged and extended to provide access to the doorway to the new addition. A new internal driveway will be constructed to provide access to the 12 cottages, which will have their own parking areas and carports. Additional parking will be constructed near the new addition entrance. A wooded park with a system of lighted walks and benches, plus a formal garden area will be created on the north side of the expanded facility and all buildings and exterior portions of the site will be interconnected by a system of ADA- compliant walks. The service area will be reconfigured slightly, moving some staff parking from the back of the service area to the side of the service drive, and an existing combination garage /storage building will be relocated from the south side of the existing facility to the side of the service drive. A proposed combination boardwalk and footpath will be constructed to provide across the bordering wetland, making the community garden site accessible to the residents of the assisted - living facility. C. Boundaries of Site Wetland Resource Areas Two long, narrow bordering vegetated wetland areas cross the project site, dividing it into three separate upland sections. The boundaries of the wetlands were delineated and mapped and confirmed by the Northampton Conservation Commission through a Wetlands Request for Determination proceeding in January and February of this year. (Refer to Exhibit 5.) D. Resource Area Alterations • Bordering Vegetated Wetland The construction of the boardwalk to access the community garden area will alter approximately 4 square feet of bordering vegetated wetland, resulting from the placement of four wooden pilings to support the boardwalk. A 20 square foot wetland replacement area is proposed to mitigate the alteration (See Exhibit 8, Project Plans) providing a 5:1 replacement ratio. Specifications for the construction of this replacement area are included in Section E, below and are reproduced on the project plans. Pursuant to the provisions of 310 CMR 10.55.4, General Performance Standards for work in bordering vegetated wetlands, we represent that the proposed replacement area will meet the following general conditions: 1. The surface area of the replacement area to be created shall be (at least) equal to that of the area that will be lost. 2. The groundwater and surface elevation of the replacement area shall be approximately equal to that of the lost area. 3. The overall horizontal configuration and location of the replacement area with respect to the bank shall be similar to that of the lost area. 4. The replacement area shall have an unrestricted hydraulic connection to the same waterbody or waterway associated with the lost area. 5. The replacement area shall be located within the same general area of the waterbody or reach of the waterway of the lost area. 6. At least 75% of the surface of the replacement area shall be reestablished with indigenous wetland plant species within two growing seasons, and prior to said vegetative reestablishment any exposed soil in the replacement area shall be temporarily stabilized to prevent erosion in accordance with standard U. S. Soil Conservation Service methods. The proposed work includes approximately 21,500 s. f. of disturbance within the 100' buffer zone of bordering vegetated wetland on the site. The proposed work incorporates erosion and sedimentation controls to attenuate non - point- source pollution. Specifications for the proposed controls are included on the project plans and in the following section, and the location of proposed erosion/sedimentation barriers is indicated on the project plans. E. General Erosion /Sedimentation Control Procedures During Construction Erosion control measures, as detailed below, will be undertaken to protect the wetland _ resource areas during construction. These measures are reproduced on the project plans. 1. Erosion control measures shall be incorporated in the sequence of construction to prevent sediment -laden water from leaving the site. These measures may include staked hay bales, polypropylene silt fencing and various combinations of the two. The location for the installation of these _ materials on the project site is indicated on the project plans and appropriate construction details are included on the project detail sheets. 2. Natural vegetation shall be retained whenever feasible up to the scheduled start of construction activity. 3. Areas subject to erosion shall be minimized in terms of time and area. 4. In general, work requiring erosion control includes excavations, fills, drainage swales, rough and finished grading, and stockpiling of earth. 5. The contractor shall chip all brush and slash cuttings on site and stockpile the chips to be used on all unstable, disturbed areas during construction as temporary stabilization mulch. No burning will be allowed on site. 6. Stripped topsoil shall be stockpiled and protected with hay or straw mulch. All stockpiles shall have an approved siltation barrier totally surrounding the pile. The pile shall be in an approved upland area a minimum of twenty -five feet from all resource areas. 7. Do not disturb vegetation and topsoil beyond the proposed limit of grading. 8. Temporarily stabilize each segment of graded or otherwise disturbed land by seeding and mulching. Plant winter rye for temporary cover at a rate of 120 pounds per acre. Mulch with hay or straw at a rate of 1 1/2 tons per acre, spread evenly. _ 9. Backfill, compact, loam, seed and mulch trenches and swales within 15 days after they are opened. 10. Upon completion of catch basins, hay bales will be placed around each structure to prevent sediment from entering the catch basin. 11. Permanently stabilize each completed segment of construction. _ 12. All areas disturbed by construction not designated to receive other treatment shall be loamed a minimum of 6" and seeded with a seed mix and application rate as follows: A. Fertilize and reseed all permanently seeded areas at the following rates per Acre: 1,000 pounds of 10 -10 -10 (or equivalent) fertilizer; a mixture of 60% Warwick hard fescue, 20% sheep fescue, and 20% Southport chewings fescue, or approved equal, at a rate of six — pounds per 1,000 square feet. B. Mulch all seeded areas with 1 -1/2 tons of hay or straw per acre, spread evenly. C. All slopes of 3:1 or greater, after being loamed, seeded and mulched shall be covered with jute or biodegradable tobacco netting securely anchored to the slope. Overlap all netting joints a minimum of 4" and secure with a double row of staples. 13. Upon completion of the project, the contractor shall remove all accumulated silt from behind siltation barriers, pavement areas and catch basin sumps. Dispose of silt by applying as a light topdressing in upland areas, outside of the wetlands buffer zone. Bordering Vegetated Wetland Replacement Specifications 4 s. f. of bordering wetland will be filled at the proposed boardwalk crossing, and it is proposed to be replaced adjoining the same wetland adjacent to the boardwalk crossing. The specifications for construction of this replacement area are as follows, .— and are also reproduced on the project plans. NOTE: THE REPLACEMENT AREAS SHALL MEET STRICT PERFORMANCE STANDARDS AS LISTED UNDER 310 CMR 10.55(4)(b). THESE STANDARDS HAVE BEEN SET IN ORDER TO PROTECT THE FUNCTIONS WHICH BORDERING VEGETATED WETLANDS PROVIDE. THESE STANDARDS SHALL BE MET BY ADHERING TO THE FOLLOWING CONSTRUCTION SPECIFICATIONS. 1. ALL WORK ON THE REPLACEMENT AREAS SHALL BE PERFORMED UNDER THE _ SUPERVISION OF AN ENVIRONMENTAL PROFESSIONAL (EP) INCLUDING EXCAVATION, ORGANIC SOIL REPLACEMENT, PLANTING AND SEEDING. 2. ALL WORK SHALL PROCEED AS PER PLANS APPROVED AND NOTED IN THE ORDER OF CONDITIONS. 3. THE WETLAND REPLACEMENT AREAS INDICATED ON THE PLAN SHALL BE BROUGHT TO THE INDICATED SUBGRADE BEFORE THE ORGANIC SOILS ARE PLACED. ORGANIC SOIL EXCAVATION FROM THE PROPOSED FILL AREA SHALL BE USED TO THE EXTENT POSSIBLE IN THE REPLACEMENT AREAS. 4. ORGANIC SOIL EXCAVATION FROM THE WETLAND FILL AREA SHALL BE IMMEDIATELY DEPOSITED IN THE PREPARED REPLACEMENT AREA TO THE FINAL GRADE AS SHOWN ON THE PLAN. CARE SHALL BE TAKEN TO ENSURE THE INTEGRITY OF THE EXCAVATED SOIL BY REMOVING IT AND REPLACING IT AT THE REPLACEMENT SITE WITH ASSOCIATED VEGETATION IN AN UPRIGHT POSITION. 5. WHEN FINAL GRADE IS ESTABLISHED IN THE REPLACEMENT AREA, AN APPROVED WETLAND SEED MIX SHALL BE SOWN THROUGHOUT THE AREA AND SHALL BE MULCHED WITH STRAW AS NECESSARY AND MAINTAINED UNTIL VEGETATION HAS BEEN ESTABLISHED. IF IT IS FOUND TO BE NECESSARY BY THE EP TO TAKE PLANTS FROM THE EXISTING WETLAND AREA IN ORDER TO AUGMENT THE PLANTINGS IN THE REPLACEMENT AREAS, THIS WILL BE CONDUCTED IN A WAY AS TO HAVE NO NET EFFECT ON THE EXISTING WETLANDS. 6. PERIODIC INSPECTIONS SHALL BE MADE OF THE COMPLETED REPLACEMENT AREAS BY THE EP IN ORDER TO DETERMINE WHETHER ADDITIONAL PLANTINGS (NATURAL OR FROM A NURSERY) WILL BE NECESSARY, AS WELL AS ASSESS THE OVERALL SUCCESS OF THE REPLACEMENT PROCEDURES. WITHIN TWO GROWING SEASONS, AT LEAST 75% OF THE SURFACE OF THE REPLACEMENT AREAS SHALL BE REESTABLISHED WITH INDIGENOUS WETLAND PLANT SPECIES. IF RE- ESTABLISHMENT IS INCOMPLETE AS JUDGED BY THE EP, THE CONTRACTOR SHALL MAKE ADDITIONAL PLANTINGS WITH SPECIES WHICH ALREADY OCCUR IN THE ADJACENT WETLAND. NO PLANTS SHALL BE TAKEN FROM THE ADJACENT WETLAND WITHOUT THE APPROVAL OF THE NORTHAMPTON CONSERVATION COMMISSION AND THE EP. 9. IF, IN THE OPINION OF THE NORTHAMPTON CONSERVATION COMMISSION OR THE EP, THE NATURAL VEGETATION IS TOO SPARSE IN THE REPLACEMENT AREAS, THE CONTRACTOR SHALL ADD PLANTINGS TO THE REPLACEMENT AREAS PER THE DIRECTION OF THE EP. 10. IF ANY QUESTIONS ARISE CONCERNING IMPLEMENTATION OF THESE WETLAND CONSTRUCTION SPECIFICATIONS, THE EP SHALL BE CONTACTED IMMEDIATELY. THE PREFERRED SEED MIX IS ONE MARKETED BY NEW ENGLAND WETLAND PLANTS, INC. (NEWP), AMHERST, MA, OR APPROVED EQUAL. THE NEWP WET MIX IS AS FOLLOWS: WETLAND SEED MIX FOR MITIGATION AREAS COMMON NAME (Scientific Name) NWI COMMENTS RATING Woolgrass (Scirpus cyperinus) FACW+ Tolerates Fluctuating hydrology Fowl Meadow Grass (Glyceria OBL Prolific seed producer that is a valuable Canadensis) (Glyceria striata) wildlife food source Lurid Sedge (Carex lurida) OBL A low ground cover that tolerates mesic sites in addition to saturated areas; prolific seeder in second growing season Dark Green Bulrush (Scirpus OBL Tolerates fluctuating hydrology atrovirens) Boneset (Eupatorium perfoliatum) FACW+ Flowering plant that is valuable for wildlife cover; grows to 3 feet Soft Rush (Juncus effusus) OBL Establishes quickly on moist disturbed soils Joe -Pye Weed (Eupatoriadelphus FACW Flowering plant that is valuable for wildlife Maculatus) covers; grows to 4 feet. ** The desired rate of seed coverage is Y2 pouna per z,uuu square reet or area. Mar 05 03 10:15a City Of Northampton 4135871264 Massachusetts spai tment of Environmental Prot. .ion Bureau of Resource Pi Aection - Wetlands _ WPA Form 2 - Determination of Applicability Li t Massachusetts Wetlan is Protection Act M.G.L. c. 131, §40 p. 1 A. General Inform; .tion Important: When filling out From: forms on the Northampton computer, use Conservation Commission only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor - do not use the New England Deacon cs Association return key. Name Name — d` — h 80 Deaconess Road Mailing Address Mailing Address _ Concord MA 01742 CitylTown State Zip Code CityrTovm State Zip Code a.a 1. Title and Date (or Reel ed Date if applicable) of Final Plans and Other Documents: 'Wetland Boundary PIS T' Sheet 1 of 1, prepared by Coler & Colantonio 1121103 Title Date Title Title 2. Date Request Filed: 1/21/03 Date B. Determination Pursuant to the author .y of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determine ion of Applicability, with its supporting documentation, and made the following Determination. Project Description (if pplicable): For confirmation of a v stland delineation. No work proposed at this time. Project Location: Coles Meadow Road/ Jorth King Street Northampton Street Address City/Town 13 73 Assessors Map/Plat Numbc Parcel /Lot Number wpatonn2.doc • rev 2r27103 Papa 7 of 5 Mar 05 03 10:15a City Of Northampton 4135871264 Massachusetts -jepa tment of Environmental Prot...:tion Bureau of Resource PI Aection - Wetlands ' I , WPA Form 2 - Determination of Applicability Massachusetts Wetlan Is Protection Act M.G.L. c. 131, §40 B. Determination (;ont.) The following Determin ition(s) is /are applicable to the proposed site and/or project relative to the Wetlands Protection Ac and regulations: Positive Determinatic i Note: No work within tl' , jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued follc ving submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuil g authority (i.e., Conservation Commission or the Department of Environmental Protecti• n). ❑ 1. The area descr )ed on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredg ig, or altering of the area requires the filing of a Notice of Intent ® 2a. The boundary c ?lineations of the following resource areas described on the referenced plan(s) are confirmed s c accurate. Therefore, the resource area boundaries confirmed in this Determination are bind tg as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding s ch boundaries for as long as this Determination is valid. ❑ 2b. The boundarie: of resource areas listed below are not confirmed by this Determination, regardless of whether. .cch boundaries are contained on the plans attached to this Determination or to the Request for Dett mination. ❑ 3. The work descri ed on referenced plan(s) and document(s) is within an area subject to protection under th : Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing c a Notice of Intent ❑ 4. The work descri ed on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subje :t to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or Nork described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the fol )wing municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation p.2 wcafarm2.doc - rev 2127/03 Pape 2 d 5 Mar 05 03 10:15a City Of Northampton 4135871264 p,3 L Massachusetts r,epa tment of Environmental Prote„ tion Bureau of Resource Pi Aection - Wetlands ( WPA Form 2 - Determination of Applicability Massachusetts Wetlan is Protection Act M.G.L. c. 131, §40 B. Determination (;ont.) ❑ 6. The following ar* a and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Mast achusetts Wetlands Protection Act: ❑ 7. If a Notice of Intc it is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), � hich includes all or part of the work described in the Request, the applicant must consider the I illowing alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about t e scope of alternatives requirements): ❑ Alternatives lirr led to the lot on which the project is located. ❑ Altematives lirr ted to the lot on which the project is located, the subdivided lots, and any adjacent lots k merly or presently owned by the same owner. ❑ Alternatives lirr ted to the original parcel on which the project is located, the subdivided parcels, any ac acent parcels, and any other land which can reasonably be obtained within the municipalifi ❑ Alternatives ex Bnd to any sites which can reasonably be obtained within the appropriate region of the st de. Negative Determina ion Note: No further action order the Wetlands Protection Act is required by the applicant. However, if the Department is request* i to issue a Superseding Determination of Applicability, work may not proceed on this project unless ti a Department fails to act on such request within 35 days of the date the request is post - marked °or certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only .ipon notice to the Department and to the Conservation Commission. Requirements for requi sts for Superseding Determinations are listed at the end of this document ❑ 1. The area descril �d in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work descri ed in the Request is within an area subject to protection under the Act, but will not remove, fill, dre Jge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work descri ed in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Ar* i subject to protection under the Act. Therefore, said work does not require the filing of a Notic of Intent, subject to the following conditions (if any). ❑ 4. The work descril ed in the Request is not within an Area subject to protection under the Act (including the Bufff - Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until sa i work alters an Area subject to protection under the Act. wpator W doc • rev 227103 Page 3 of 5 Mar 05 03 10:16a City Of Northampton 4135871264 7 Massachusetts — -pal tment of Environmental ProtL —ion - Bureau of Resource PI Aection - Wetlands _ WPA Form 2 - Determination of Applicability Massachusetts Weban Is Protection Act M.G.L. c. 131, §40 B. Determination (:ont.) ❑ 5. The area descrit :d in the Request is subject to protection under the Act. Since the work described therein n sets the requirements for the following exemption, as specified in the Act and the regulations, no Jotice of Intent is required: Exempt Activity (site applical a statuatorytregulatory provisions) p.4 ❑ 6. The area and /or vork described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipe wetlands ordinance or bylaw. Name Ordinance or Bylaw citation C. Authorization This Determination is issue i to the applicant and delivered as follows: ❑ by hand delivery o ® by certified mail, return receipt requested on Date March 3, 2003 Date Date sent to DEP: March 3, 2003 This Determination is valid 'or three years from the date of issuance (except Determinations for Vegetation Management F ans which are valid for the duration of the Plan). This Determination does not relieve the applicant from c implying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must b signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Re lional Office (see Appendix A) and the property owner (if different from the _ applicant). 0 OSignatures: February 13, 200 Date wpaform2.doc .rev. 1113103 Page 4 of 5