Generic permit and flood control dikes to DPW 2002 plus historyImportant:
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out forms on
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use only the
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WPA Form 5
Rev. 02/00
Doc; 99? OR /6728/0114 07/29/200215;46
Massachusetts Department of Environmental Protection
Bureau of Resource_ Protection Wetlands__
WPA Form 5 Order of Conditions
(For Maintenance)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
Northampton
Conservation Commission
This issuance if for (check one):
Order of Conditions
Amended Order of Conditions
To: Applicant:
Northampton Department of Public Works
Name
125 Locust Street
Mailing Address
Northampton MA 01060
City/Town State Zip Code
1. Project Location:
Various locations throughout the City
Street Address
N/A
Assessors Map /Plat Number
2. Property recorded at the Registry of Deeds for:
N/A
County
Certificate (if registered land)
3. Dates:
October 23, 2001
Date Notice of Intent Filed
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Northeast Section, Northwest Section, Southeast Section Southwest Section 10/2001
Date
Known Culvert Crossings submitted with the application 10/2001
Letter dated March 12, 2002 from Northampton DPW to the Northampton
Conservation Commission
5. Final Plans and Documents Signed and Stamped by:
N/A
Name
6. Total Fee:
Exempt
(from Appendix B: Wetland Fee Transmittal Form)
April 11, 2002
Property Owner (if different from applicant):
City of Northampton
Name
210 Main Street
Mailing Address
Northampton
City/Town
Northampton, Florence Leeds
City/Town
N/A
Parcel /Lot Number
N/A
Book
Date Public Hearing Closed
May 13, 2002
Date of Issuance
DEP File Number:
246 -497
Provided by DEP
MA 01060
State Zip Code
N/A
Page
Page 1 of 7
YY
WPA Form 5
Rev. 02/00
Doc, 9922223 /6728/0115 07/29/200215 :46 �l
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
(For Maintenance)
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
Private Water Supply
Groundwater Supply
Land Containing Shellfish
DEP File Number:
246 -497
Provided by DEP
Prevention of Pollution
Fisheries Protection of Wildlife Habitat
Storm Damage Prevention 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.
Through public hearing and documentation, the Commission has found that the Department of Public
Works has responded to DEP and Massachusetts Natural Heritage concerns with detailed
specifications on how work will be conducted within existing structures, culverts, etc. This Generic
Notice of Intent also establishes clear protocol for all DPW employees to follow when working within
the buffer zones and resource areas beyond previous Generic Notice of Intent documents approved
by the Northampton Conservation Commission.
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.
Page 2 of 7
WPA Form 5
Rev. 02/00
Doc: 992222311 OR /6728/0116 07/29/2002 15; 46
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
(For Maintenance)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
246 -497
Provided by DEP
B. Findings (cont.)
4. The work authorized hereunder shall be completed within five years (maintenance order) 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 sites where repair of culverts, ditches, headwalls ect. will be conducted
for more than one day not less then two square feet or more than three square feet in size bearing
"Massachusetts Department of Environmental Protection" [or, "MA DEP"'
"File Number 246 -497
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. The work shall conform to the plans and special conditions referenced in this order.
12. Any change to the plans identified in Condition #11 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.
13. 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.
Page 3 of 7
WPA Form 5
Rev. 02/00
Doc: 712317 OR /6728/0117 07/29/200215146
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
(For Maintenance)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
14. 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.
15. 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):
See "Attachment A"
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
DEP File Number:
246 -497
Provided by DEP
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.
Page 4 of 7
WPA Form 5
Rev. 02/00
Doc: 9921 l7 OR /6728/0118 07/29/200215 :46
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
B. Findings (cont.)
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.
On
May 13, 2002
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 hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner (if different from applicant).
Signatures:
Day
before me personally appeared
4 C ,UOVe_ r>`a.Ye.A
to me known to be the person described in and who executed the foregoing
acknowledged that fie /she executed the same as his /her free act and deed.
notary Public
This Order is issued to the applicant as follows:
by hand delivery on
Date
Of 1 OrT7D,
Month an Year
tt
My Commission Expires
May 13, 2002
Date
Cr r
DEP File Number:
246 -497
Provided by DEP
Date sent to DEP: May 13, 2002
Page 5of7
WPA Form 5
Rev. 02/00
Doc; 99277 OR /6728/0119 07/29/2002 15: 46 '1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
(For Maintenance)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
246 -497
Provided by DEP
C. 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 DEP 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 Appendix E: 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.
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.
D. Recording Information
This Order of Conditions must be 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
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Conservation Commission
Page 6 of 7
WPA Form 5
Rev. 02/00
Doc: 9922223"0R /6728/0120 07/29/2002 15:46
Massachusetts Dep of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
(For Maintenance)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
for:
Northampton
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
246 -497
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Book Page
DEP File Number:
246 -497
Provided by DEP
Page 7 of 7
Doc: 9 at2317 OR /6728/0121 07/29/2002 15; 46
"Attachment A"
16. 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.
17. 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;
18. 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 Connnnission, in accordance
with 310 CMR 10.00, and City of Northampton Ordinances Chapter 24;
19. 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.
EROSION AND SEDIMENTATION CONTROL:
20. Areas of construction shall remain in a stable condition at the close of each
work/construction day:
A. Erosion controls shall be inspected at this time, and after each rainstorm.
B. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland
resource areas.
C. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the
day.
D. All erosion controls must be maintained or reinforced to meet specifications in the
plans and this order and shall be replaced as necessary.
E. An adequate stockpile of erosion control materials shall be on site at all times for
emergency or routine replacement. The stockpiles equipment shall include materials
to repair silt fences, haybales, or any other devices planned for the control of erosion
at the site.
1
n
Doc: 9922ca17 OR /6728/0122 07/29/200215:46
21. If soils are to be disturbed for longer than two months, a temporary cover of rye or other
grass shall be established, following Natural Resources Conservation Service (NRCS)
procedures, to prevent erosion and sedimentation.
A. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized
by straw, jute netting, or other NRCS- approved methods.
B. Any stabilization materials such as jute netting shall be firmly anchored to prevent
therm from being washed from slopes by rain or flooding.
22. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas,
and shall be implemented prior to any construction:
A. All stockpiled materials shall be located outside of the wetland resource areas and
100 -foot buffer zone, and shall be stabilized to prevent erosion and sedimentation into
the wetland resource area.
B. Sedimentation and erosion control devices shall be placed according
to standards set in the Natural Resources Conservation Service's,
"Massachusetts Erosion and Sediment Control Guidelines Manual
C. Placement of sedimentation and erosion control shall be directed at
the site by the project engineer in order to accomplish maximum
control of erosion to ensure that no eroded materials will enter
wetland resource areas.
D. Hay bales must be staked. Silt fencing must be installed in a dug trench and have
sufficient porosity to allow detained water to pass through while trapping suspended
sediments;
E. Excavated material and topsoil stockpiles shall be located and
stabilized so as to minimize washing into wetland areas or
waterways;
F. Erosion control devices shall remain in place until all disturbed surfaces have been
stabilized with a vegetative cover or until the Commission has authorized their
removal. Areas that cannot be permanently stabilized within 30 days of disturbance
shall be stabilized by temporary measures acceptable to the Conservation
Commission.
23. All exposed subsurface soils shall receive a minimum of 2 inches of loam or topsoil prior
to seeding and final stabilization. OR
A. All exposed subsurface soils shall receive a minimum of 6 inches of
loam or topsoil prior to seeding and final stabilization.
2
OTHER CONDTIONS:
1 T
Doc: 992222317 OR /6728/0123 07/29/2002.15:46
24. The following activities are permitted without additional notification to or review by the
Conservation Commission when such work is done with hand tools and /or when all
machinery is resting on a road surface, but not when the work will require machinery in a
wetland or an unpaved wetland buffer zone or will expand or widen a structure in a
wetland or wetland buffer zone:
A. Regrading of City maintained gravel roads, placement of additional gravel /fill on road
surfaces to fill potholes, but not to include widening of roads or changing of road
grades.
B. Cleaning, maintenance, and repair of storm water culverts under roads and of culvert
head and end -wall structures, including mortar and pointing of damaged concrete.
C. Cleaning of catch basins, replacing catch basins with sumps or other structures.
D. Cleaning, maintenance, and repair of storm water sewer outfalls and end -wall
structures, including mortar and pointing of damaged structures, but not the
replacement of pipes, headwalls or other structures.
E. Cleaning, maintenance, and repair of bridge decks, bridge concrete abutments,
including mortar and pointing of damaged structures but not replacement of bridge
decks, widening of bridges.
F. Cleaning, maintenance, and repair of pipes, headwalls and other sanitary sewage
structures, but not the replacement of pipes, headwalls, or other structures.
25. Written notification to the Commission at least one week in advance of work shall be
given for:
A. Replacement of stonnwater culverts.
B. Replacement of headwalls or wingwalls.
C. Replacement of storm/sewer lines within BVW or riverfront, but not repair so long as
the location of the line is not changed.
D. Repair, enhancements, expansions to drainage swales other than the routine
cutting /mowing that abut wetland resource areas.
E. Fill brought into the floodplain indicating foot for -foot replacement of materials.
26. The following work is not covered in the Generic Notice and requires further filing of a
3
�\A
Doc: 9(...2317 OR /6728/0124 07/29/2002 15:46 n
Notice of Intent or a Request for Determination:
A. Work within a waterway or wetland resource area other than for cleaning culverts.
B. Replacement of bridge decking, new culverts, roadway expansions, replacements of
stornwater and sanitary sewer lines in new locations and any other new stornwater
management facilities placed within the jurisdiction (other than buffer) of the
Conunission that will alter waterways or wetlands.
27. If work is planned in a Rare Species Habitat Area shown on the most current Estimated
Habitats of Rare Wetlands and Certified Vernal Pools Map outside of existing road
footprints or other footprints of existing structures, a written request must be sent to and a
response received from Mass Natural Heritage Endangered Species Program, stating
that the work may go forward without the need to file a Notice of Intent.
4
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor do
not use the
return key.
WPA Form 5
Rev. 02/00
;CDoc: 992024586 OR ,/6063/0080 11/13/2f0 :28
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands_
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
Northampton Conservation Commission
Conservation Commission
This issuance if for (check one):
Order of Conditions
Amended Order of Conditions
To: Applicant: Property Owner (if different from applicant):
Northampton Department of Public Works
Name
125 Locust Street
Mailing Address
Northampton
City/Town
1. Project Location:
Federal Street (Site 1) and River Road (Site 2)
MA 01060
State Zip Code
Street Address
Site 1 Map 31A, Site 2 Right of Way
Assessors Map /Plat Number
2. Property recorded at the Registry of Deeds for:
Hampshire
County
Certificate (if registered land)
3. Dates:
August 4, 2000 September 11, 2000
Date Notice of Intent Filed Date Public Hearing Closed
4. Final Approved Plans and Other Documents (attach
"Plans for Construction of Mill River Retaining Walls,
Prepared by Dufresne Henry.
Title
5. Final Plans and Documents Signed and Stamped by:
Name
6. Total Fee:
Exempt
(from Appendix B: Wetland Fee Transmittal Form)
City of Northampton, c/o Dept. of Public Works
Name
125 Locust Street
Mailing Address
Northampton
City/Town
Northampton
City/Town
Parcel /Lot Number
Book Page
October 10, 2000
Date of Issuance
DEP File Number:
246 -474
Provided by DEP
MA 01060
State Zip Code
additional plan references as needed):
Northampton, Massachusetts, Sheets C1 C5,"
July, 2000
Date
Page 1 of 7
WPA Form 5
Rev. 02/00
CD Doc: 992024586 OR /6063/0081 11/13(j) 10:28
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
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
Private Water Supply
Groundwater Supply
Land Containing Shellfish
Fisheries
Storm Damage Prevention
General Conditions (only applicable to approved projects)
DEP File Number:
246 -474
Provided by DEP
Prevention of Pollution
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).
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.
Page 2 of 7
WPA Form 5
Rev. 02/00
Doc: 992024586 OR /6063/0082 ;13/200010 :28
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
B. Findings (cont.)
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. 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.
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, "MA DEP
"File Number 246 -474"
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.
DEP File Number:
246 -474
Provided by DEP
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.
Page 3 of 7
WPA Form 5
Rev. 02/00
m 992024586 OR /6063/0083 11/13/20L
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
B. Findings (cont.)
15. 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.
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):
See Additional Conditions (Attachment A)
Findings as to municipal bylaw or ordinance
Furthermore, the Northampton 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
DEP File Number:
246 -474
Provided by DEP
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 clans. specifications. or other proposals submitted with the Notice of Intent.
Page 4 of 7
Massachusetts Dep g ent of Environmental Protection--
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B
Findings (coat.)
This Order is valid for three years, unless otherwise specified
as a special condition pursuant to General Conditions #4,
from the date of issuance.
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 hand delivered to the applicant.
A copy also must be mailed or hand delivered at the same
time to the appropriate regional office of the Department of
Environmental Protection.
Signatures:
El 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 Department of Environmental Protection 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
Appendix E: Request for 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.
On this 25t1.
day of September
Month 2000
Year
before me personally appeared
Michael Reed
to me known to be the person described in and who executed
the foregoing instrument and acknowledged that he /she
executed the same as his /her free act and deed.
Notary Public
May 31, 2007
My commission expires
This Order is issued to the applicant as follows:
Date
by certified mail, return receipt requested, on
Date
and delivery on
October 10, 2000
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
bylaw, and not on the Massachusetts Wetlands Protection Act
or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
Rev.10 /98 Page
WPA Form 5
Rev. 02/00
Northampton Conservation Commission
Doc: 992024586 OR /6063/0085 10:28
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
Conservation Commission
DEP File Number:
246 -474
Provided by DEP
C. 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 DEP 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 Appendix E: 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.
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.
D. Recording Information
This Order of Conditions must be 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
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Page 6 of 7
WPA Form 5
Rev. 02/00
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
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
for:
Northampton Conservation Commission
Conservation Commission
Doc: 992024586 OR /6063/00 i 11/13/200010
Please be advised that the Order of Conditions for the Project at:
Federal Street (Site 1) and River Road (Site 2) 246 -474
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampshire
County Book Page
City of Northampton
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
October 10, 2000
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
DEP File Number:
246 -474
Provided by DEP
Page 7 of 7
Vehicle Access /Storage:
ATTESTs AM SE
Doc: 992024586 OR /6063/0081 11/13/2000 10:28
ATTACHMENT A
18. 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.
19. 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;
20. 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;
21. 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.
22. 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.
23. All equipment shall be stored outside of the 100 -foot buffer zone at the close of each
work day, in an area which shall be clearly identified on the plans, and physically located
in the field through use of flagging and /or a construction barrier.
24. At the Federal Street site, access to the gravel path adjacent to the work area shall be
restricted during active work. a
MAIANNE L. DONOHUE
AEGZSTE1
310C1\"1.0. 10.99
Form 5
Commonwealth
of Massachusetts
Public water supply
Private water supply
Ground water supply
Doc; `980009565 OR /5351/0269 04/22/1998 0.
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To:
City of Northampton
c/o Mayor Mary Ford Department of Public Works
Name of property owner Name of Applicant
City Hall, 210 Main Street, Northampton, MA 125 Locust Street, Northampton, MA
Address Address
This Order is issued and delivered as follows:
Via intra -City mail
[X] by hand delivery to applicant or representative on September 5, 1995. Amended: March 27, 1998.(date)
by certified mail, return receipt requested on (date)
This project is located in Northampton at VARIOUS LOCATIONS IN NORTHAMPTON.
The property is recorded at the Registry of Hampshire County
Book Page
Certificate (if registered) N/A
'The Notice of Intent for this project was filed on July 17, 1995. (date) Amended: January 9, 1998
The public hearing was closed on August 14, 1995. (date) Amended: February 23, 1998
Findings:
The Northampton Conservation Commission has reviewed the above referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Conservation Commission at this
time, the Commission has determined that the area on which the proposed work is to be done is significant to the
following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area
Subject to Protection Under the Act (check as appropriate):
[X] Flood Control
[X] Storm damage prevention
[X] Prevention of pollution
Total Filing Fee Submitted $Exempt State Share City Share
fee in excess of $25)
Total Refund Due City Portion State Portion
(1/2 total) (1/2 total)
1
r
DEP File No. 246 -382
I I
(To be provided by DEP)
City /Town Northampton
Applicant Department of Public Works
Map N/A Parcel
Land containing shellfish
Fisheries
Protection of Wildlife Habitat
Doc: 980009565 OR /5351/0270 04/22/1998 08,52
Therefore, the Northampton Conservation Commission hereby finds that the following
conditions are necessary, in accordance with the Performance Standards set forth in the
regulations, to protect those interests checked above. The Conservation Commission orders that
all work shall be performed in accordance with said conditions and with the Notice of Intent
referenced above. To the extent that the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of Intent, the conditions shall control.
General Conditions:
ti.
Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by -laws or
regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three
years, but less than five years, from the date of issuance and both that date and the
special circumstances warranting the extended time period are set forth in this
Order.
5. This Order may be extended by the issuing authority for one or more periods of up to
three years each upon application to the issuing authority at least 30 days prior to the
expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the
foregoing. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse;
7. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings, before the Depaitauent
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
2
'Doc: 980009565 OR /5351/0271 04122/1'08 :52
title of the affected property. In the case of recorded land, the Final Order shall also be
noted in the Registry's Grantor Index under the name of the owner of the land upon which
the proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be proposed work is to be
done. The recording information shall be submitted to the Commission on the form at the
end of this Order prior to commencement of the work. The Commission usually will
record the Order in the Registry of Deeds. It is the applicant's responsibility to
insure the Order is properly recorded.
9. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the works, "Massachusetts Department of Environmental
Protection, File Number 246 382
10. Where the Department of Environmental Protection is requested to make a determination
and to issue a Superseding Order, the Conservation Commission shall be a party to all
agency proceedings and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in
writing that a Certificate of Compliance be issued stating that the work has been
satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
PLANS /TITLE DATED SIGNED STAMPED BY:
Exhibit #1 Northampton Street Map 07/18/95
Exhibit #2 Maintenance to Meadow Roads
Exhibit #3 Standards Concrete Ends for Culverts
Amendments to Dept. File No. 246 -382,
Notice of Intent to do maintenance on a
'shoal in the Mill River South of the West
Street Bridge and Notice of Intent to do
Maintenance on the Dike System Through-
out the City of Northampton
All Plans and information on file with Northampton Conservation Commission
3
PECIAL CONDITIONS:
Doc: 980009565 OR /5351/0272 04/22/1998 08:52
13. The applicant shall notify the Commission, in writing, as to the date that the work will be
commencing on the projects. Said notification must be received by the Commission no
sooner than (10) days and no later than five (5) days prior to the commencement of the
approved activity;
14. All materials removed from culverts, catchbasins, other structures and resource areas,
must be removed from and disposed of outside of the 100 year floodplain, not within 100
feet of a wetland or 40 feet of a 100 -year floodplain, as defined in 310 CMR 10.00, and
City of Northampton Ordinances Chapter 24. The areas shall not be permissible
disposal sites, unless such areas are specifically approved by the Comission;
15. Excavated material and topsoil stockpiles shall be located and stabilized so as to
minimize washing into wetland areas or waterways;
16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas,
and shall be implemented prior to any construction.
Sedimentation and erosion control devices shall be placed according to standards set in
U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in
Urbanized Areas of Massachusetts
Placement of sedimentation and erosion control shall be directed at the site by the project
engineer in order to accomplish maximum control of erosion to ensure that no eroded
materials will enter wetland resource areas.
Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient
porosity to allow detained water to pass through while trapping suspended sediments;
17. Areas of construction shall remain in a stable condition at the close of each construction
day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet
specifications in the plans and this order;
18. All construction areas shall be restored to original condition or better upon completion of
the project, including replanting of vegetation;
19. The Commission and its agents shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order, the Act, and Wetlands
Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The
Wetlands Protection Ordinance They shall have the right to request and receive any data
or documentation that is deemed necessary for evaluation of compliance.
4
1
i
1 21.
Doc: 980009565 OR /5351/0273 04/22/1
The Conservation Commission (or members appointed by the Commission to perform
this function) has the right to require a separate Notice of Intent for projects that it finds
need a more detailed review.
20. This Order of Conditions shall apply only to work performed by employees of the
Department of Public works and not to contractors hired by the DPW or the City.
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 DPW employees whenever work is occurring on
any site.
22. All fill used in a project shall be clean fill, including soil, gravel, rock, and loam. The
applicant is prohibited from using demolition materials, asphalt, large chunks of concrete,
tree stumps and limbs, and general refuse;
23. The following activities are permitted without additional notification to or review by the
Conservation Commission when such work is done with hand tools and /or when all
machinery is resting on a road surface, but not when the work will require
machinery in a wetland or an unpaved wetland buffer zone or will expand or widen
a structure in a wetland or wetland buffer zone:
A. Regrading of City maintained gravel roads, placement of additional gravel/fill on
road surfaces to fill potholes, but not to include widening of roads or changing of
road grades.
B. Cleaning, maintenance, and repair of storm water culverts under roads and of
culvert head and end -wall structures, including mortar and pointing of damaged
concrete.
C. Cleaning of catch basins.
D. Cleaning, maintenance, and repair of storm water sewer outfalls and end -wall
structures, including mortar and pointing of damaged structure, but not the
replacement of pipes, headwalls or other structures.
E. Cleaning, maintenance, and repair of bridge decks, bridge concrete abutments,
including mortar and pointing of damaged structure but not replacement of bridge
decks, widening of bridges.
F. Cleaning, maintenance, and repair of pipes, headwalls and other sanitary sewage
structures, but not the replacement of pipes, headwalls, or other structures.
5
Doc: 980009565 OR /5351/0274 04/22/M8
08,52
24. The following activities are covered under this Notice, but only after written
notification to the Conservation Commission and Conservation Commission
approval. The Commission reserves the right to require additional information, place
conditions on how work is performed, or require a separate Notice of Intent be filed for
such work.
A. All items listed in condition #23 above which require machinery in a wetland or
unpaved wetland buffer zone or which would widen or enlarge structures in or
above a wetland or buffer zone.
B. Replacement of culverts, endwalls, and associated utilities under and adjacent to
roads and waterways.
C. Cutting of brush with hand- operated tools only shall be allowed on areas of the
dike adjacent to water and on the shoals. Burning of brush on portions of the dike
not adjacent to the waterways shall be allowed. For sections of the dike adjacent
to the river, no burning shall be allowed below the 100 -year flood elevation.
25. Activities not described in this Order to be undertaken in a resource area or buffer zone
shall require a separate Notice of Intent or Request for Determination of Applicability.
26. Work shall be done during low flow or dry conditions when possible.
4
27. If work is planned in a Rare Species Habitat Area shown on the 1997 -98 Estimated
Habitats of Rare Wetlands and Certified Vernal Pools Map (see enclosed photocopies of
effected areas), no work may take place in these areas until a written request has been
sent to and a response has been received from MA Natural Heritage Endangered
Species Program, stating that the work may go forward without the need to file a Notice
of Intent.
6
Doc. 980009565 OR /5351/0215 04/22 /1998 08 :52 b PL)
310 CMR: DEPA1, 4IENT OF ENVIRONMENTAL PRO( TION
10.99: continued
Issued by the Northam_n _ton Conservation Commission
Signature(s
.■•1
gas
This Order must be signed by a majority of the Conservation Commission.
On this Z
appeared
File Number
4/1/94
day of 1 19 6
the foregoing instrument, and acknowledged that he /she executed the same
ATTEST HAMPSHIRE
before me personally
to me known to be the person described in, and who executed,
My Co
as his/her free act and deed.
sion Expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the
proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified
of their right to request the Department of Environmental Protection to issue a Superseding.Order, providing the
request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee
Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this determination.
A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work.
To Northampton Conservation Commission Issuing Authori7''
Please be advised that the Order of Conditions for the project at
has been recorded at the Registry of and
has been noted in;tlih'Ehain of title of the affected property in accordance with General Condition 8 on
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
41,1 REGISTER
MARIANNE L. DONOHUE
19
310 CMR 423 423
Form 7
4/1/94
i
310 CMR: DEPARTMENT OF ENVIRONMENTAL PRO_ CTION
Doc: 980017700 OR /5419/0071 07/01/199812; 44
Commonwealth
of Massachusetts
From Northampton Conservation Commission
TO City of Northampton DPW
EXTENSION PERMIT
This Extension Permit will expire on July 18, 2001
(Leave Space Blank)
DEP File No.
246 378
(To be provided by DEP)
City /Town.Northampt_on
Applicant Department of Public
Works
MASSACHUSETTS WETLANDS PROTECTION ACT, G.L. c. 131, §40
and
THE CITY OF NORTHAMPTON'S WETLAND'S PROTECTION ORDINANCE, Ch.24
Issuing Authority
125 Locust Street, Northampton, MA 01060
(Name) (Address)
July 18, 1995
The Order of Conditions (or Extension Permit) issued on (date)
the Department of Public Works the shoal behind the Waste Water Treat-
to for work at ment plant and various manhole locations l
(name) (address)
is hereby extended for a period of year(s) from the date it expires.
This document shall be recorded in accordance with General Condition 8 of the Order of Conditions.
(date)
310 CMR 426 426
10.99: continued
Issued by Northampton Conservation Commission
Signature(s)
When issued by the Conservation Commission this Extension Permit must be signed by a majority of its
members.
g
On this day of
appeared
executed, the foregoing instrument, and acknowledged that he/she the same as his/her free act and
WAYNL. I.EIDEN
Notary Public
ACev 7441-- My Comm. Expires Dec. 27, 2002
Notary Public
deed.
4/1/94
310 CMR: DEPAlcAIVIENT OF ENVIRONMENTAL PRO\ ;TION
C 45' a d
Doc: 980017700 OR /541970072 07/01/1998 12:44
19 before me personally
to me known to be the person described in, and who
My Commission Expires
LTTEST: HAMPSH/RE REGISTEk
MARIANNE L. DONOHUE
Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work.
To North. mpton Conservation Commission Issuing Authority
Please be advised that the Extension Permit to the Order of Conditions for the project at
File Number has been recorded at the Hampshire County Registry of Deeds and
has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of
Conditions 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
310 CMR 427 427
VU/G' /U;1
11:33 `t3'94135871264
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT -OF- ENVIRONMENTAL PROTECTION
WETLANDS PROTECTION ACT
H.G.L. c.131 540
310 CHR 10.00
CERTIFICATION OF EMERGENCY
LOCATION OF WORK: Street: G•�g
city /town: Nth' 4- kic.
1. The applicant hereby request° the Issuing Authority (Conservation
Commission or the Department of Environmental Protection) to certify the
following project as an emergency project: (describe work to be allowed, and
attach supplemental information if more apace is needed)
I a O F Cory St-WA" t w n 124 v.AA cr1 4 a
�tn W I 1 be. 1,■.5e.4 +o verd o l 1t I r e r-ec,
2: The project is necessary for the protection of the health and safety of
the citizens of the Commonwealth because rAA.. Sg wasp IC,::r s`
9Yt) l�:�lS� 02 w ZOO' o4' 'v V a
3. The agency (or subdivision thereof) of the Commonwealth that has ordered
the project to be performed is: DPW -h- Div ■S/irv-N
4. No work shall be beyond that necessary to abate the emergency.
The date work shall be completed by Npr41 15. ZOd 2 Not to exceed 30
days without written approval of the Commissioner of the Department of
Environmental Protection (DEP).
BY:
(If box is checked, see attached conditions)
NORTHAMPTON, MA
qi(bi 1 3 2-
(date)
On the basis of the above information, and after a site inspection, the
project described above (and in any Supplemental i formation provided) is
determined to be a certified erge( pursua 0 ct 0.06.
ISSUING AUTHORITY: �J( 10•x'
(Conservation Commission or DEP)
Date Issued:
w;11 be. 4 co u.,,,kcl w ho. J__ f p-e vc
W se war a
(Effective 8/14/92)
J-4. Garr/ex-61H,
1) 002
Apr 05 02 08:02a
April 5, 2002
Dear DPW,
This morning as I was walking along the Mill River path, I noticed what I
thought was an unusually large amount of water flowing out of the side of
the hill above the path. This water seemed to have a bad odor to it, but it
was hard to' tell. There was no apparent source of the water other than it
seemed to be flow fairly rapidly out of the ground about half -way up the
hillside.
It may just be ground water, but you might want to send someone over to
check if it could be a pipe of some sort.
I've drawn a map below indicating the approximate location of the water's
source.
Richard Winnick
50 Washington Ave.
4,
EeNc
r
northampton highschool
(1 41
b ps
5c*4 C- o F
A" (.J A7
4135871374 p.1
I
Report of sewer leak at end of Dryads Green on 4/5/02
At approximately 9:30 A.M. Today, I received the attached report from Richard Winnick. Dave Lucy
Deputy Superintendent and I immediately went to the footpath along the Mill River between Federal Street
and Paradise Road. Using the map supplied by Mr. Winnick we were able to go directly to the trouble spot.
We inspected the area and found a spot where sewage was coming out of the ground. We then called and
had the jet rodding machine brought to the area. This was approximately 40 minutes latter. We jet rodded
from a manhole over the main trunk line that runs parallel with the MW River, up hill in the direction of
Dryads Green To a manhole at the top of the hill, this did not stop the sewage that was coming out of the
ground. We then dug a trench to a manhole at the base of the hill to direct the sewage to it. Next we brought
in bails of hay to restrict any flow that might seep toward the river, and spread.lime to dilute the
contaminated area. We then installed a section of pipe from the area where the sewage was coming out of
the ground to the lower manhole to eliminate any over the ground flow.
On Monday 4/8/02 Dave Lucy made contact with Smith College Bob Dombkowski superintendent of
grounds, Bill Belden outside foreman of gardens, and Frank Ferman superintendent of plumbing) and
received permission to perform excavation work between Dryad Green and the foot path along the Mill
River, to install a new sewer main. A by pass was installed, two 6 inch maple trees removed, and
excavation began on Tuesday 4/9/02 and completed on Friday 4/12/02. There will be clean up work to
backfill the trench and restore the area to finish grade in the next few days.
Dave Lucey
John Hall
ruheries &ViIdIife
November 19, 2001
Northampton Conservation Commission
City Hall
210 Main Street
Northampton, MA 01060
Dear Commissioners:
On October 29, 2001, the Natural Heritage Endangered Species Program NHESP) received a Notice of
Intent from the Northampton Department of Public Works for various projects within the City ofNorthampton.
This NOI is incomplete and the rare species review period has not begun because a map indicating where
proposed projects would take place within estimated habitat for rare species was not received. A generic
NOI is not appropriate for work within areas of estimated habitat. The NOI should indicate specifically
what work is proposed in estimated habitat for rare species. The NHESP has made two; attempts by
telephone (October 30, 2001 and November 14, 2001) to contact the DPW and request a map which cites
specifically which of the many projects included in this generic NOI will occur in estimated habitat for rare
species, as of today we have received no reply. Please note that the 30 day rare species review period will begin
when all of the above information is received.
Please feel free to call me at (508) 792 -7270 extension 148 if you have any further questions.
Sincerely,
Commonwealtn'of Massachusetts
Wayne F. MacCallum, Director
Erica McGra
Wetlands Review Assistant
cc: Northampton Department of Public Works
Karen Hirschberg, DEP Western Regional Office
file
4.
Y
Route 135, h Westborou MA 01581 Tel: (508) 792 -7270 x 200 F ax: 508
Westborough, 792 -7821
An Agency of_the�epartment_of Fisheries, Wildlife B_Environmentall,aw�nforcement
to http:// www .state.ma.us /dfwele /dfw /nhesp
Natural Heritage Endangered Species Program
JANE SWIFT
Governor
WESTERN REGIONAL OFFICE
Paulette Kuzdeba
Northampton Department of Public Works
125 Locust Street
Northampton, MA 01060
Dear Ms. Kuzdeba,
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
JAN 1 6 2002
DEPT OF PLANNING
NORTHAMPTON, MA. 01060
D
L
December 13, 2001
Re: Generic Notice of Intent,
Northampton DPW Maintenance
Projects
As a follow -up to your recent conversation with DEP'Regional Wetlands and Circuit Rider staff, I would
like to provide background on the criteria found in DEP's Draft Guidance on Generic Notices of Intent
(GNOI). These criteria limit impacts under the GNOI to those of Buffer Zones, Lands Subject to Flooding,
Riverfront Area and intermittent streams when not-flowing. These criteria have been established for the
express purpose of avoiding additional complex reviews by the Natural Heritage and Endangered
species Program, and Sections 401 (Water Quality Certification) and 404 (Army Corps of Engineers
Programmatic General Permit for Massachusetts) of the Federal Code, or any other regulatory
requirements.
Cumulative impacts to Bordering Vegetated Wetlands, isolated wetlands and Lands Under Water are not
quantified under the submitted GNOI. Given that great potential exists for exceeding federal regulatory
thresholds as many projects are undertaken under a Generic Order of Conditions, the Department
excluded work in these resource areas when developing the criteria for GNOI permits. Projects that
include impacts to federal jurisdictional areas, and that are approved on the local level, will be subject to
review for compliance under these federal regulatory programs. As you may know, the cumulative loss
of more that. 5,000 square feet of Bordering and Isolated Vegetated Wetlands, and Land Under Water
and /or the dredging of more than 100 cubic yards of Land Under Water prompts a review under the 401
Water Quality Certificate Program. In addition, a 1:1 replication of Bordering Vegetated Wetlands is
required.
Federal and state "r uireinents typically oblige the applicant to provide a surveyed plan of the work
area, and quantification of resource areas lost and replicated. Under the Draft Guidance, individual site
surveys are not' necessary to process a review of a GNOI,. however to compensate for this additional
information in the form of an extensive project narrative and work details are required. The GNOI as
submitted by the Northampton Department of Public Works does not provide the data necessary to
This information is available in alternate format by calling Mar A
D.A Coordinator at (617) 574 -6872
e.436 Dwight Street Springfield Massachusetts 01103 FAX (413) 784-1144 .:TDD' (413) 746-6620 Telephone (4131784 -1100
Printed on Recycled. Paper
OB DURAND
Secretary
UREN A. LISS
Commissioner
determine if the federal or state requirements can be met. As submitted, adequate information appears to
be present should the project be modified to reflect the Draft Guidance criteria on resource areas as
described above. However, as the submission currently stands, a review under the federal requirements
will necessitate the submission of critical additional information.
Work within Natural Heritage and Endangered Species Program mapped polygons are also not suitable
for inclusion in GNOIs, because additional agency input makes the review process complex and time
consuming. Please see the Draft Guidance for a complete outline of projects that are not suitable for
inclusion. Our goal has been to make the GNOI process efficient for the parties involved with their
review, including conservation commissions and Departments of Public Works, and to avoid other
agencies' regulatory review. The Draft Guidance is structured in part around this issue.
The Wetlands Program encourages you to either modify your submission to reflect the Draft Guidance, or
satisfy the regulatory requirements for submitting a Notice of Intent. Should you have additional
questions about the Draft Guidance, feel free to contact Susan Gillan, Wetlands Circuit Rider, at 413 -755-
2147.
Certified Mail #7001 0320 0003 0115 0960, return receipt requested
Copy by fax
Cc: Northampton Conservation Commission
File
Sincerely,
ae/ qted
Jeremiah Mew
Wetlands Program Coordinator
Western Regional Office
George Andrikidis, P.E.
Director, City Engineer
Northampton Conservation Commission
210 Main Street City Hall
Northampton, MA 01060
March 12, 2002
OF NORTHAMPTON, MASSACHUSEI
DEPARTMENT OF PUBLIC WORKS
1:25_ Locust Street
Northampton, MA 0106
413- 587 -1570
Fax 413- 587 -1576
RE: Generic NOI filed by the Department of Public Works
To The Northampton Conservation Commission:
This letter is in response to comments made by the Department of Environmental Protection (DEP) Wetlands Division
when reviewing the Generic Notice of Intent (GNOI) for Maintenance Projects, filed by our department. We will address the
issues raised by the DEP (see Attachment A), and are asking the Commission to act on our request for a permit to perform
maintenance throughout the City of Northampton and issue an Order of Conditions for the proposed work.
History:
The DPW filed this permit application in October of 2001.
The hearing was opened in November and at our request, continued multiple times until March 14, 2002. The continuances
were requested with the hope of resolving comments issued by the DEP. In November, prior to our first hearing, I spoke at
length (2+ hours) with Karen Hirschberg (Regional Wetlands Staff) and Sue Gillan (Wetland Circuit Rider). As a result of
that conversation, Jeremiah Mew (Wetlands Regional Coordinator) issued a letter (dated December 13, 2001) informing us
we needed to revise our permit application to conform to standards listed in a document entitled "For Internal Discussion
Purposes ONLY, DISCUSSION DRAFT, Guidance on Generic Notice of Intent (GNOI) for Local Department of Public
Works (DPW) Maintenance Projects, August 2001."
We received a faxed copy of the letter on December 18, 2001.
In January, I began extensive conversations with Jeremiah Mew, regarding the process, compliance with a "draft" document,
and how to resolve the issue.
I last spoke with Jeremiah on Monday, March 4, 2002. At that point in time, he had not yet reviewed our filing It was
agreed that I would call back on Thursday, March 7, 2002, so we could discuss the DPW's filing and move the permit
process forward. I called but did not speak with Mr. Mew, and left a voice mail to have him contact me. As of the writing of
this letter, I have not received any contact from him.
Pg.1 /1, C: \My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc
Addressing of DEP Comments:
1.
Work under a GNOI does not preclude the need for resource area delineations.
The DPW agrees with this comment. Under each activity proposed within the GNOI, the DPW has included
Standard Operating Procedures (SOPs) for the DPW to follow. Any proposed work with the potential to alter
wetlands specifically states: "No alteration of a wetland /waterway will occur without further notification to or
filings with the Conservation Commission."
The DPW has, on staff, an Environmental Planner, who will review proposed work, flag any adjacent wetlands
and make the determination if additional filings will be required with the Commission in conjunction with the
Commission's professional staff.
2. Work under a GNOI is limited to Riverfront Area, Buffer Zones, Land Subject to Flooding and
intermittent streams when dry.
The DPW questioned the DEP on the reasoning for making this statement and was told that it was based upon
an unofficial, non public document entitled: "For Internal Discussion Purposes ONLY, DISCUSSION DRAFT,
Guidance on Generic Notice of Intent for Local Department of Public Works (DPW) Maintenance Projects,
August 2001."
The DPW believes that the DEP has no jurisdiction to make this statement, as it has permitted many GNOI's
allowing work in more than the above referenced resource areas. Since 1990, the DPW in Northampton has
applied for and received a minimum of 3 permits under the Wetlands Protection Act for a GNOI to conduct
maintenance work throughout the City, and numerous other permits to conduct maintenance on flood control
structures and facilities.
The DPW believes that because the above referenced document is considered a "draft" and for "internal use
only," the Commission and the DPW should not be held to its requirements. Prior to any policy becoming a
guidance document of the DEP, it must receive public input and be reviewed and approved. This document has
not received such input. When questioning who drafted the document and if any non -DEP personnel were
involved in the drafting, the DPW was informed that it was an internally drafted document. It is our opinion that
while this is a document that could be used to start a discussion in drafting a new policy, it should not be
required to be adhered to for the purpose of obtaining a GNOI permit. As drafted, the document does not
accurately and/or realistically reflect the work required to be completed by a DPW, nor does it allow a DPW to
go about the business of maintaining infrastructure when appropriate protective measures are taken, as we
believe have been proposed within the DPW's GNOI.
3. The manner in which additional projects will be added to the project list must be discussed.
As stated within the DPW's GNOI, any additional work, not currently outlined within the application, will be
discussed with their professional staff and brought before the Conservation Commission prior to
implementation. As stated within past permits received by the DPW from the Conservation Commission, the
limits on the type of work allowed and when a project will require additional filings with the Commission, will
be agreed upon by the Commission and the DPW as part of the permit process and outlined within an Order of
Conditions.
4. The following activities should not be reviewed under a Generic Notice of Intent [per the requirements of
the draft policy document]:
Work in Lands Under Water;
i. The DPW is not requesting permission to work in any Land Under Water that has not already been
altered with existing riprap and/or a culvert crossing. We are proposing only to be granted a permit
to clean out existing culverts, plunge pools and riprap located at the inverts and outlets of pipes.
Pg.2/2, C:\My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc
Banks, other [than] that associated with intermittent streams;
i. The DPW is requesting permission to work on banks for both intermittent and perennial brooks,
for maintenance of existing structures. No additional alteration of Land Under Water that has not
already been altered with existing riprap and /or a culvert crossing. We are proposing only to be
granted a permit to clean out existing culverts, plunge pools and riprap located at the inverts and
outlets of pipes in /adjacent to this resource area. Again, we believe this activity is exempt from the
ACOE 404 program. Other work proposed would be for the maintenance and /or replacement of
existing headwalls, endwalls and wing -walls within their existing footprints.
Bordering Vegetated Wetlands (BVWs):
i. The DPW is requesting permission to work within BVWs only to the extent of mowing, not
permanently altering areas that have been historically mowed and maintained, adjacent to
roadways and adjacent to cross country sanitary sewer trunk lines. Prior to work being done, the
DPW will have any /all wetlands flagged and located to show the extent of non permanent
alteration.
In regard to potentially exceeding Federal regulatory thresholds, the DPW offers the following:
The Army Corp of Engineers (ACOE), 404 Permit does not consider the cleaning out of existing culverts "altering
of land under water, banks and/or wetlands," unless the activity would result in the annual loss of more than 5000
square feet cumulatively of bordering and isolated vegetated wetland and land under water.
When inquiring of the ACOE if a single GNOI for multiple sites across the City would constitute a single activity
(so that all impacts would be addressed cumulatively) we were told no, each culvert would be considered an
individual activity, therefore cumulative alteration of more than 5000 square feet at each site would be the only way
a 404 Permit review would be triggered.
The DPW was directed to the "Department of the Army Programmatic General Permit for The Commonwealth of
Massachusetts," specifically work classified under Category I, which is exempt from application and/or notification
to the Corps, as long as a permit is obtained under the Wetlands Protection Act.
Projects listed under:
Category I, (A) Inland Waters and Wetlands, which would apply to the DPW's GNOI include:
Category I (B) Navigable Waters:
Pg.3 /3, C:\My Documents \DPW Issues \Wetlands \Projects \DPW Generic N0I \Rev March 02 memo to Commission.doc
(c) Repair and maintenance of authorized fills:
"Repair /maintenance of existing, currently serviceable, authorized fills with no expansion
or change in use."
(b) Repair and Maintenance Work:
"Repair /maintenance of existing, currently serviceable, authorized structures and fills and
Amnesty- approved fills, with no expansion or change in use. Must be rebuilt in same
footprint."
Work proposed in NHESP- mapped locations (Estimated Habitat of Rare Wildlife and Certified
Vernal Pools):
i. The DPW is not proposing any work within an estimated habitat of rare wildlife and/or certified
vernal pools. However, a copy of the GNOI was filed with the NHESP because there are a number
of polygons surrounding endangered species areas that also encompass adjacent roadways.
What the DPW hoped to accomplish by filing with the NHESP, was to get a sign -off from the
program stating: "work within the roadway (not adjacent resource area) will not alter an
endangered species habitat." However, when the DPW attempted to work with NHESP we were
met with a roadblock, due to comments issued by the DEP (see Attachment B).
In speaking with Jeremiah Mew and discussing this topic, Mr. Mew concurred with our finding
that maintenance work in the roadway should not affect habitat, and NHESP should be able to
comment, but didn't due to DEP's comments.
Any work that expands an existing structure is not suitable for inclusion in a GNOI:
The GNOI filed by the DPW does not request or propose to expand any existing structure. What the DPW
has proposed within the GNOI are upgrades to existing structures within the structure's footprint. No work
is proposed within any wetland.
Upgrades of existing drainage swales are proposed within the GNOI, to prevent additional sedimentation
from reaching wetland resource areas. However, these swales are not currently located within a wetland but
the 100 -foot buffer zone and/or Riverfront Area. Additionally, any upgrades would attempt to meet the
requirements under the Stormwater Management Regulations and the future National Pollutant Discharge
Elimination Standards (NPDES) Phase II requirements, effective March 2003.
Herbicide treatment in areas subject to protection is not suitable for inclusion in a GNOI:
The DPW included this item within the GNOI to inform the Conservation Commission of all activities
which the DPW will be conducting adjacent to any wetland area. At present, mowing and some herbicide
application takes place, and will continue to occur. Where it is not feasible to mow and vegetation growth
may cause a danger for traveling along city roads, the application of herbicides will be used. All application
of herbicides will be conducted by a licensed applicator and the DPW will follow the guidelines established
within the Department of Food and Agriculture's "Rights of Way Management" contained within 310
CMR 11.00.
Emergency projects (mentioned in narrative) should be reviewed under the emergency certification
procedure. GNOI's are for routine maintenance, not emergencies.
The DPW is well aware that there is a procedure to be followed for emergency certifications and are not
requesting nor implying any exemptions by filing the GNOI. The inclusion of the DPW's emergency
response procedures within the GNOI is for informational purposes, so that the Commission may have the
opportunity to review and comment on our procedures to ensure adequate precautions are being taken to
protect resources areas identified under the Wetlands Protection Act.
Activities related to mosquito control may be, but are not necessarily, eligible for an exemption under
the provisions found in paragraph 24 of the Wetlands Protection Act. Documentation of BOH
findings under Chapter 252 should be provided to the Commission and DEP.
As stated within the GNOI, the DPW has conducted mosquito control for many years. The application of
chemicals has only been conducted and will continue to be conducted with the approval of the Board of
Health (BOH), when a health and safety threat is determined under Ch. 252.
5. Please be advised that exempt status afforded to "water related existing and lawfully located structures"
does not extend to public and sanitary and storm sewers maintenance, with the exception of Riverfront
activities that meet 10.58 (6)(a).
The DPW is aware that sanitary and stormwater sewer maintenance is not exempt under the "water related
structures" as mentioned within the Wetlands Protection Act and Regulations. This is the reason why
information regarding those activities has been included as "proposed activities" with appropriate SOPs listed to
ensure the protection of resource areas identified within the Wetlands Protection Act and associated
Regulations.
Pg.4 /4, C: \My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc
6. This GNOI needs to be revised to adhere to the Draft Guidance on Generic Notices of Intent.
The DPW will not be revising the application as submitted, except to reduce the amount of alteration of Land
Under Water (LUW), as the cleaning of culverts will not result in the alteration of an area already containing
riprap.
The DPW respectfully disagrees with the DEP's finding that we must be held to standards as outlined within a
"DRAFT, for INTERNAL DISCUSSION PURPOSES ONLY" document. The document was drafted using
internal personnel within the DEP (who may not have the expertise to determine how maintenance activities
should and can be realistically conducted by a DPW), has not undergone a public review, nor has it received
any public input giving validity to the standards required to be met in the document.
Additionally, the DPW is applying for a permit to conduct routine maintenance as has been conducted under
multiple Wetlands Protection Act Permits issued by the Northampton Conservation Commission, since 1990,
which received file numbers and were not appealed by the DEP. The only difference between this application
and the previous applications is that this GNOI outlines in detail, precautions to be taken to afford protection to
those resource areas identified within the Wetlands Protection Act.
7. Note: there should be no work proposed in the GNOI that would trigger regulatory jurisdiction under
314 CMR 9.00, however, this filing includes work that may require a 401 Water Quality Certification.
As stated previously, the DPW had conversations with representatives of the ACOE and has determined that
there will be no work conducted that would trigger a 404 permit, thus require a 401 Water Quality Certification.
The DPW fully intends to comply with the permit conditions as stated within the ACOE's Programmatic
General Permit for Massachusetts.
The DPW believes we have adequately addressed the issues raised by the DEP, and are asking the Commission to act on our
request for a permit to perform maintenance throughout the City of Northampton and issue an Order of Conditions for the
proposed work.
If there any additional questions regarding the information contained within this letter or the GNOI, we will be happy to
address them at the continuation of our hearing.
Sincerely,
Paulette L. Kuzdeba, AICP
Senior Environmental Planner
Cc: G.Andrikidis, Director, Northampton DPW
N. Huntley, Assistant City Engineer, Northampton DPW
J. Mew, Wetlands Regional Coordinator, Western Region, DEP
Pg.5 /5, C: \My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc
Form 7
Commonwealth
of Massachusetts
310 CMR: DEPARTMENT OF ENVIRONMENTAL PRO TION
EXTENSION PERMIT
(Leave Space Blank)
DEP File No.
246- 382
(To be provided by DEP)
City /Town_Noxthamp oil
Applicant parr o P Pu6�,t.I-ORK
Assessor's Map Parcel 11 N/A
MASSACHUSETTS WETLANDS PROTECTION ACT, G.L. c. 131, §40
and
THE CITY OF NORTHAMPTON'S WETLAND'S PROTECTION ORDINANCE, Ch.24
From orthampton Conservation Commission Issuing Authority
C ity of Northampton
TO c/o Department of Public Works 125 Locust Street, Northampton, MA 01060
(Name) (Address)
(Amended March 27, 1998)
The Order of Conditions (or Extension Permit) issued on September 5, 199 (date)
to City of Northampton /Department of Publi W o r k at VARIOUS LOCATIONS IN NORTHAMPTON
(name) (address)
is hereby extended for a period of year(s) from the date it expires.
September 5, 1999
This Extension Peunit will expire on r (date)
This document shall be recorded in accordance with General Condition 8 of the Order of Conditions.
4/1/94 310 CMR 426 426
10.99: continued
On this l4tl1
appeared
deed.
310 OVER: DEPAR MENT OF ENVIRONMENTAL PRC ,,CTION
Ma Maronn
A l &Aide_
Notary j(iblic
day of September
7 /Z O5
My Commission Expires
When issued by the Conservation Commission this Extension Permit must be signed by a majority of its
members.
19 98 before me personally
to me known to be the person described in, and who
executed, the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and
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 Extension Permit to the Order of Conditions for the project at
File Number has been recorded at the Hampshire County Registry of Deeds and
has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of
Conditions on 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
ignature Applicant
4/1/94 310 CMR 427 427
Form 7
Commonwealth
of Massachusetts
310 CMR: DI LRTMENT OF ENVIRONMENTAL 1 ,JTECTION
EXTENSION PERMIT
MASSACHUSETTS WETLANDS PROTECTION ACT, G.L. c. 131, §40
and
THE CITY OF NORTHAMPTON'S WETLAND'S PROTECTION ORDINANCE, Ch.24
From ampton Conservation Commission Issuing Authority
C ity of Northampton
TO c/o Department of Public Works 125 Locust Street, Northampton, MA 01060
(Name) (Address)
(Amended March 27, 1998)
The Order of Conditions (or Extension Permit) issued on September 5, 199 (date)
to City of Northampton /Department of Public W P ork at VARIOUS LOCATIONS IN NORTHAMPTON
(name) (address)
is hereby extended for a period of year(s) from the date it expires.
September 5, 1999
This Extension Permit will expire on (date)
This document shall be recorded in accordance with General Condition 8 of the Order of Conditions.
(Leave Space Blank)
DEP File No.
246- 382
(To be provided by DEP)
City /Town Northamptoi
Applicant parr 6 P PUKAZ-4)0
Assessor's Map Parcel N/A
4/1/94 310 CMR 426 426
0
Cr)
0
0
0
10.99: continued
_ssued by Northam
On this 14th
appeared
deed.
Notary," blic
4/1/94 ATTEST: EAMP MIRE
j 1i
310 CMR: Di IRTMENT OF ENVIRONMENTAL 1 )TECTION
Mason Maronn
•1 •1 r a 11 •1
Signature s —Se I L
Zig aff
When issued by the Conservation Commission this Extension Permit must be signed by a majority of its
members.
Conditions on 19
day of September
REGISTE
1"1ARIANTNE %e DO1 QJa1TE
19 98 before me personally
to me known to be the person described in, and who
executed, the foregoing instrument, and acknowledged that he /she executed the same as his /her free act and
1 da d€ zq /0c
My Commission Expires
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 Extension Permit to the Order of Conditions for the project at
File Number has been recorded at the Hampshire County Registry of Deeds and
has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
ignature Applicant
310 CMR 427 427
LSD
UD
UD
LLD
00
NORTHAMPTON, MASSACHUSETTS I,OCAL PROTECTION PRO.IECT
ANNTTAT, INSPF,CTION
02 OCTOBER 1997
Northampton Pumping Station
1. Diesel engine (Engine N'o. 3) and pump operated satisfactorily. (669.7 hrs)
2. Engine and pump No. 1 operated satisfactorily. (988.2 hrs)
3. Engine and pump No. 2 operated satisfactorily. (1084.8 hrs)
4. The sump pump operated satisfactorily.
5. Four electric gates in the station operated satisfactorily. The outside gate would not close. This
problem should be corrected as soon as practical.
6. The emergency generator operated satisfactorily and power transfer was made under load. (115.0
hrs)
7. New interior emergency lights have been installed.
8 The shoal and vegetation in the outlet channel should be removed. The city must obt1a4ll
necessary local, state and federal permits before working in the outlet channel.
9. Fire bottles have been serviced, February 1996.
10. The 16" electric pump has been rebuilt. Installation will be completed on Tuesday, 07 OCT 97.
11. Paint on the upper portion of the interior walls is peeling.
12. New fuel lines have been installed on all gasoline pump engines.
13. New exterior spot lights have been installed on the roof.
14. Graffiti should be removed from the landside of the floodwall on the north side of the pumping
station.
15. Brush growing on the riverside end of the dike near the north wall of the pumping station should
be removed.
West Street Pumping Station:
1. The engine and pump operated satisfactorily (6.4 hrs).
Dikes and F000dwalls
16. Brush growing along the riverside toe of the dike, south of the pumping station, should be
removed for a distance of 15' from the toe.
1. All dikes have been recently mown. The vegetative cover (grass) is in good condition. A slightly
eroded area on the landside of the dike near the north wall of the Northampton pumping station
shouldbe seeded and mulched. Any ruts from mowing and minor erosion should be repaired as
part of routine maintenance of the project.
All trees, shrubs and other woody vegetation within 15° of the riverside or landside toe of all dikes
and floodwalls should be removed as part of the routine maintenance of the project.
3. All rip rap surfaces have been treated with herbicide as necessary to control vegetative growth.
The herbicide treatment was very effective.
4. The Mill River Dike (adjacent to Smith College) is in very good condition. Mowing of land side
of the Dike was in progress during the inspection. Treatment of undesirable vegetation on the
river side with herbicide has been completed.
4
Graffiti on the concrete walls of the Mill River (West Street) road closure and adjacent to the
north side of the pumping station should be removed. Trees and shrubs on either side of the
floodwall should be routinely removed for a distance of 15 feet from the base of the wall.
Treatment of vegetation with herbicide to prevent sprouting, in accordance with state regulations,
is recommended.
6. The stop logs and metal components for the Mill River dike closure (West St.) are stored at the
DPW yard. Sand bags are also stored at this location.
7. All closure structures were inspected and are in good condition. Embedded steel in the closure
slots is in good condition. The stop logs and metal components for closure structures at Route 5
and the railroad tracks are located in shelters adjacent to the closure structures. Inspection of
metal components in the road surface of West Street and Route 5 was not possible as they are
below the paved surface..
The rip rap slope at the south end of the Mill River Dike adjacent to Hebert Avenue has been
cleared of brush and small trees. Any remaining woody vegetation on the riverside of the dike
and floodwall near the old railroad bridge should be removed.
2
Banks.
Minor woody growth is present on rip rap surfaces of the Mill River Diversion. This vegetation
should be removed while it is small. The control of vegetative growth on rip rap surfaces via
continued herbicide application (Licensed Contractor) in accordance with state regulations is
recommended. Where herbicide application is prohibited, brush should be removed by cutting.
Obstruction Control:
The vegetation on the shoal in the Mill River diversion channel downstream of the West Street
bridge (Rt. 66) should be removed. The shoal should be removed. The brush and tree growth
along both banks downstream of the West Street bridge should be removed. Treatment of the
stumps with a state approved herbicide is recommended. The city should obtain all necessary
local, state and federal permits before working in the Mill River channel.
2. Minor debris in the Mill River channel upstream of the West Street Bridge should be removed.
3 A small shoal has formed upstream of the Route 66 bridge. The shoal and associated vegetation
should be removed.
General:
As discussed during the inspection, the City of Northampton must obtain all necessary local, state
and federal permits prior to working in the Mill River, or the pumping station outlet channel.
2. A copy of the 1966 and 1997 semi annual reports should be provided to Mr. Faloretti.
3. The safety rail between the floodwall and the east bank of the Mill River has been partially
repaired. Repairs should be completed.
4. Mr. George Brehm has replaced Mr. James Dostal as Superintendent of the Northampton Waste
Water Treatment Plant.
3
LOCAL FLOOD PROTECTION PROJECT
Project: Northampton, Massachusetts
Maintaining Agency: Northampton Department of Public
Type Inspection: X Annual Staff 90
INSPECTION REPORT
Works
Day Interim
of Inspection: 02 October 1997
River Basin: Lower Connecticut Date
Feature
Sat
Unsat
Deficiencies
PUMPING STATIONS STRUCTURES
Interior
X
See remarks.
Exterior
X
PUMPS MOTORS ENGINES
Trial Operated
X
See remarks.
General Condition
X
Power Source
X
Insulation Tests
N/A
Metal Intakes /outlets
X
Gate Valves
X
GATES DRAINAGE STRUCTURES
Trial Operated
X
General Condition
X
Lubrication
X
DIKES DAMS
General Condition
X
See remarks
Slopes /erosion
X
Sand Boils /caving
X
None
Trespassing
X
Slope Protection
X
Drains
X
STOP -LOGS LOG BOOM
Condition of Logs
X
Availability of Logs
X
Highway Slots
X
Storage Facilities
X
CHANNELS OUTLET WORK CHANNEL
Banks
X
See remarks
Obstruction Control-
X
See remarks
FORM
NED JAN. 66 513
P
Feature
Sat
Unsat
Deficiencies
CONCRETE STRUCTURES
SURFACE
X
SETTLEMENT
X
JOINTS
X
DRAINS
X
MISCELLANEOUS
EMERGENCY OPERATIONS PLANS
X
t
EMERGENCY EQUIPMENT
X
SEMI- ANNUAL REPORT
X
No report submitted.
Inspection Party: Mary Ford, Mayor,
Sam Brindis, Director
George Brehm, Superintendent,
George Symborski,
Phil Sullivan, Assistant
Ted Zachary, Mechanic,
John Hayden, Operator,
Joe Faloretti, Basin
Gary Rogowski, LCRB,
Photographs Taken: None
Remarks Additional Comments:
Indicate here observations, discussions, specific
information. Use continuation sheet if necessary.)
X ALL APPLICABLE ITEMS. IF UNSAT INDICATE SPECIFIC
City of Northampton
of Public Works, Northampton
Wastewater
Director, Northampton
Director, Northampton
Wastewater Treatment
Wastewater Treatment
Manager, LCRB, COE
COE
feature deficiencies,
See attached sheets.
DPW
Treatment Facility, Northampton DPW
Emergency Management Department
Emergency MgmtDepartment
Facility, Northampton DPW
Facility, Northampton DPW
recommendations and any other pertinent
IF NOT APPLICABLE.
DEFICIENCIES. INDICATE
DATE:
3 OGT 97
INSPECTED BY: TYPE NAME TITLE
Joseph P. Faloretti
Basin Manager, LCRB
SI ATURE
0."