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36-341 71 Cardinal Way- Order of Conditions-2009HAMPSHIRE REGISTRY .OF DEEDS DOCUMENT •COVER SHEET For use with documents that do not meet document formatting standards. Information from original document takes precedence when indexing data into Registry system. THIS IS THE:FIRST PAGE -OF THIS DOCUMENT- DO NOT REMOVE PROPERTY ADDRESS: 7/ ChinKIAt, Of DOCUMENT TYPE: Onfz, NornamE NAME REFERENCE: vih itkm Pf zem 111 111 1 11111111111 11 2009 0002519 Bk: 9989Pg: 320 Page: 1 o 13 Recorded: 10/13/2009 11:57 AM For Registry Use Only Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. From: Northampton Conservation Commission 2. This issuance is for (check one): a. 3. To: Applicant: William Wzorek a. First Name b. Last Name c. Organization PO Box 933 d. Mailing Address Easthampton e. City /Town 4. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address e. City /Town 5. Project Location: 71 Cardinal Way a. Street Address 36 c. Assessors Map /Plat Number Latitude and Longitude, if known: a. Plan Title Huntley Associates, P.C. )1 lam.' 1 ii.1 7913 229 f. Additional Plan or Document Title Order of Conditions b. Amended Order of Conditions MA f. State b. Last Name f. State g. Zip Code Northampton b. City /Town 341 d. Final Revision Date e. Scale d. Parcel /Lot Number 42 18 20 N e. Latitude MassDEP File Number: 246 -634 01027 g. Zip Code 724130W f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Hampshire a. County b. Certificate Number (if registered land) c. Book d. Page 7. Dates: June 25, 2009 July 23, 2009 August 3, 2009 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents '(attach additional plan or document references as needed): Plan of Land in Northampton, Massachusetts prepared for William Wzorek DFS and MAM b. Prepared By c. Signed and Stamped by 06/04/09 1"=20' g. Date wpaform5.doc rev. 2/27/08. Page 1 of 10 wpaform5.doc rev. 2/27/08 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 i. 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: a. Public Water Supply b. Land Containing Shellfish c. EJ Prevention of Pollution d. Private Water Supply e. 111 Fisheries f. Protection of Wildlife Habitat Groundwater Supply h. IZ Storm :Damage Prevention i. Flood Control 2. This Commission hereby finds the project, „as proposed (check one of the following boxes) Approved subject to: a. the following conditions which are necessary In accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed. in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals, submitted with the Notice of Intent, these conditions shall control. Denied because: b. the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this projectmay 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. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. 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 measpres.;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 as per. CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that;,apply (For Approvals Only) 3. Buffer Zone Impacts: Shortest distance` between 11n it of project disturbance and 40 wetland boundary (if available) a. linear feet Propoed,,. Permitted Proposed Permitted Alteration. Alteration Replacement Replacement Resource Area 4. Bank 5. Bordering Vegetated Wetland Land Under Waterbodies and Waterways a. linear feet b. linear feet a. square feet b. square feet c. square feet d. square feet a. square feet% b. square feet f:b /y dredged MassDEP File Number: 246 -634 c. linear feet d. linear feet c. square feet d. square feet Page 2 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Massachusetts Wetlands Protection A ct M.G.L. c. 131, §40 B. Findings (cont.) Resource Area 7. Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. Isolated Land Subject to Flooding Cubic Feet Flood Storage 9 Riverfront area Sq ft within 100 ft Sq ft between 100 -200 ft 10. Designated Port Areas 11. Land Under the Ocean 12. Barrier Beaches 13. Coastal Beaches 14. Coastal Dunes 15. Coastal Banks 16. Rocky Intertidal Shores 17. Salt Marshes 18. Land Under Salt Ponds 19. Land Containing Shellfish 20. Fish Runs 21. Land Subject to Coastal Storm Flowage Proposed Alteration a: square feet e. cubic feet a. square feet c. cubic feet c. square feet Permitted Alteration b. square feet `f." cubic feet b. square feet d. cubic feet a. total sq. feet:: b. total.sq. feet d. square feet g. square`feet' h. square feet i. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Indicate size under Land Under the Ocean, below a. square feet b. square feet c. c/y dredged d. c/y dredged Indicate size under Coastal Beaches and /or Coastal Dunes below a. square feet c b. square feet a. square feet b. square feet a. linear feet b. linear feet a. squarafeet'"' b. square feet a. square feet b. square feet a. square feet b. square feet c. c/y dredged d. c/y dredged a. c/y dredged b. c /y'dredged a. square feet b. square feet MassDEP File Number: 246 -634 Proposed Replacement c. square feet g. cubic feet e. cubic feet e. square feet c. c/y nourishmt. c. c/y nourishmt. c. square feet Permitted Replacement d. square feet h. cubic feet f. cubic feet f. square feet j. square feet d. c/y nourishmt. d. c/y nourishmt. d. square feet d. square feet a. square feet b. square feet c. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean; and /or inland Land Under Waterbodies and Waterways, above wpaform5.doc rev. 2/27/08 Page 3 of 10 I l E T °nafxmo.du rev. 2/27/08 Massachusetts De ent of Environmental Protection Bureau of Resource Protection Wetlands WPA Form Order of ��n x� n ��n »��������u���ns Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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 privaterights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, stahe, or local atatbtea, ondinanoau, bylaws, or regulations. 4. The work authorized hereunder shall be completed' within three years from the date of this Order unless either. of the foliowing apply: a. the work is a maintenance dredging project asprovidodforintheAnt or b. the time for completion has been extended to e specified date more than three years, but tess than five years, from the date of issuariCe. If this Order is intended to be valid for more than three years, the extension date and the s i tances warranting the extended tirne period are set forth aoa special condition in.this /Dfder':`'`� 5. This Order may be extended by the issuing authority for one or more periods of up to three each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 0. Any fill used kn connection with this project refuse, nubbiuh, or debris, including but not limited,td briOks, plaster, wire, |a#h, papar, cardboard, pipe.tirea.00heu.refhgeratVrs.moborvehkdey.orpartsofanyoftheforegoing. 7. This Order is not final until all 'appeal periods from this Order have elapsed, or if such administrative an appeal has been taken, until all proceedings, before the Department have been completed. 8. No work shall be undertaken until the Order,hee, Registry of D d the Land C rt fo title of the affected property. In the case of repbrded 'land, the Final Order shall also be noted in the Registry's Grantor Index d the a to be In the case of the registered Certificate of Title of the owner of the land'updn V■thiOl; the prbposed work is done. The recording information shall be submitted mm the form at the end of this Order which form must be stamped by the Reg :prior to the commencement of work. Q. A sign shall be displayed at the site not less theh or more than three square feet in size bearing the words, "Massachusetts Department Department of Environmentat Protection [or MassDEP] "File Number MassDEP Fite Number: 246-634 Page *ofm wpaform5.doc rev. 2/27/08 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 MassDEP File Number: 246 -634 C. General Conditions Under Massachusetts.Wetlands Protection Act 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 MassDEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation: Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation and the Department of Environmental Protection shall have the right to enter and inspect tle,area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in'Ithis Order, and may require the submittal of any data deemed necessary by the ConservationiCommission or Department for that evaluation. 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 maintai,ned_,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. 18. The work associated with this Order is (1) is not (2) subject to the Massachusetts Stormwater Policy Standards. If the w is.Subject to the Stormwater Policy, the following conditions apply to this work and are incorporated into this Order: a) No work, including site preparation, land disturbarice, construction and redevelopment, shall commence unless and until the construction period pollution prevention and erosion and sedimentation control plan required by Stormwater Standard 8 is approved in writing by the issuing authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution control measures and best management; practices.(BMPs) shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan, and if applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System Construction General Permit. Page 5 of 10 wpaform5.doc rev. 2/27/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of „Conditions Massachusetts Wetlands Protection Act,M.G.L. 6. 131, §40 MassDEP File Number: 246 -634 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post- construction stormwater BMPs until written approval is received from the issuing authority, To request written approval, the following must be submitted: illicit discharge compliance statement required by Stormwater Standard 10 and as -built plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all construction period stormwater BMPs and any illicit discharges to the stormwater management system have been removed; and all post- construction' storrnwater BMPs were installed in accordance with the plans (including all planting plans) approved,by the issuing authority, and have been inspected to ensure they are not damaged and will function properly. c) Prior to requesting a Certificate of Compliance,. the responsible. party (defined in General Condition 18(e)) shall submit to the issuing authority an Operation and Maintenance (0 M) Compliance Statement for the Stormwater BMPs.,This Statement shall identify the responsible party for implementing the Operation and Maintenance Plan and also state that 1. "Future responsible parties shall be notified in writing of their continuing legal responsibility to operate and maintain the stormwater management BMPs and implement.the Pollution Prevention Plan; and 2. The Operation and Maintenance Plan for the stormwater BMPs, is complete and will be implemented upon receipt of the Certificate." d) Post construction pollution prevention and, source control shall be implemented in accordance with the long -term pollution prevention plan sectiion'of'fhe approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Discharge Elimination System Multi- Sector General Permit. e) Unless and until another party accepts responsibility, the issuing authority shall presume that the responsible party for maintaining each BMP is the landowner of the property on which the BMP is located. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement acceptable'tothe issuing authority evidencing that another entity has accepted responsibility for maintaining the BMP; and that the proposed responsible party shall be, treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through;1.8(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easementdeed.thatgrants'the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the Operation and Maintenance`'Flan,`section of the approved Stormwater Report, and the Massachusetts Stormwater Handbook.;. g The responsible party shall: 1. Maintain an operation and maintenance log for the last three years including inspections, repairs, replacement and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make this log available to MassDEP and the Conservation Commission upon request; and 3. Allow members and agents of the ,MassDEP and the Conservation Commission to enter and inspect the premises to evaluate and ensure that the responsible party complies with the Operation and Maintenance requirements for each BMP set forth in the Operations and Maintenance Plan approved by the issuing authority. h) All sediments or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. Page 6 of 10 wpaform5.doc rev. 2/27/08 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 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) j) The stormwater management system approved in the Final Order of Conditions shall not be changed without the prior written approval of the issuing authority. Areas designated as qualifying pervious areas for purpose of the Low Impact. Site D esign Credit shall not be altered without the prior written approval of the issuing authority. k) Access for maintenance of stormwater BMPs shall not. be obstructed or blocked. Any fencing constructed around stormwater BMPs shall include a ccess gates. Fence(s) shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): See "Attachment A" D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance, applicab,l,e.'?,: Yes No 2. The Northampton MassDEP File Number: 246 -634 hereby finds (check one that applies): Conservation Commission a. that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically:., 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which.are adequate to meet these standards, and a final Order of Conditions is issued. b. that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Northampton Wetlands Ordinance Chapter 337 of the 1. Municipal Ordinance or Bylaw Code of Ordinances 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above To- the extent that the following conditions modify or differ from the plans, specifications, or other .proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See "Attachment A" Page 7 of 10 wpaform5.doc rev. 11/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 gortrttq,nnpron( Cit /Town E. Signatures and Notary Acknowledgement This Order is valid for three years, unless otherwise specified as a special 4014 23 r 2601 condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers 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, if not filing electronically, and the property owner, if different from applicant. Notary Acknowledgement Commonwealth of Massachusetts County :ofi of: On this Day Before me, the undersigned Notary Public, personally appeared me that he /she signed it voluntarily for its, stated purpose. dti4051V As member of \t 1 1 Of�� City /Town E. V i� ti ,���M` 1 A 4 0 �c^. ;-71,.. 0 proved to me through satisfactory evidence of identification, which was /were lsc L �1oa+ 6rE_ Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to i O OTq x' 6 49,144 RY P.. Cn rWEA� q CHU 1 1 Place notary seal and /or any stamp above. This Order is issued to the applicant as follows: by hand delivery on _I Mlati tE Date -Date coq Month Year KranIJ UIrIC1c Name of Document Signer z'tI, -63'j MassDEP File Number Conservation Commission Signatur rr-• r Pu r �1Y ll Printed Name of Notary Public QILA 1 ?-013 My Commission Expires (Date) by certified mail, return receipt requested, on I4u6uSr Iz•, 2 Page 9 of 11 wpaform5.doc rev. 2/27/08 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 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he /she is not the appellant: Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the-Department prior to issuance of a Superseding Order or Determination. Y MassDEP File Number: 246 -634 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. Section G, Recording Information is available on the following page. Page 9 of 10 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 G. 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 this page shall be submitted to the Conservation Commission listed below. Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Please be advised that the Order of Conditions for, the Project at: Has been recorded at the Registry of Deeds of: for: Conservation Commission Conservation Commission Project Location 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 wpaform5.doc rev. 2/27/08 MassDEP File Number Book. 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 MassDEP File Number: 246 -634 Page Page 10 of 10 "ATTACHMENT A" 19. Prior to the initiation of any work, the applicant /owner shall submit a letter of understanding to the Commission stating that he /she has received, read, understands and shall comply with these Orders. The applicant, and., his or her contractor, foreman and/or.. construction manager shall sign the letter of understanding. 20. Prior to the initiation of any work, the applicant shall submit to the Commission a sequencing plan for construction, and erosion and sedimentation control installation. 21. Prior to the start of any site work, excavation or construction, a pre construction conference shall be held on the site, between the contractor conducting the work, the site /project engineer, the applicant, and a member or agent of the Conservation Commission, in order to ensure that the requirements of this Order are Understood by all parties. Prior to the pre-construction meeting, all erosion control devices must be installed. 22. All required permits must be obtained from the applicable federal, state and municipal agencies and departments prior to the start of:any.project. 23. A copy of this Order and associated plans, shall reinain 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. 24. All revised plans, referenced within thisOrder:of Conditions, shall be approved by the Conservation Commission and incorporated into the.permit by reference and shall.be followed during the course of constriction., 25. The areas of construction shall remain in a stable condition at the close of each construction day. Erosion control measures shall be inspected at this time, and maintained or reinforced as necessary. All such devices shall be inspected, cleaned or replaced during construction and shall remain in place until such time as stabilization of all areas that may impact resource areas is permanent. These devices shall also be inspected to assure that the maximum control has been provided. Any entrapped silt shall be removed to an area outside the buffer zone and,resource areas, and maintained or reinforced as necessary. Erosion controls shall be.inspected after every rainfall to assure that maximum control has been provided.. 26. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, riprap, filter benns or other devices planned for use during construction. 27. Soils exposed for periods greater than two months shall be stabilized with erosion control blankets and netting, a covering of straw, mulch, or a temporary cover of rye or other grass to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with a native peremzial grass mixture.. Any stabilization materials such as jute netting shall be finely anchored to prevent them from being washed from slopes by rain or flooding. Preference should be given to biodegradable materials. 28. All. disturbed areas shall be graded, foamed and seeded; or stabilized with erosion control blankets or netting, and a covering of straw mulch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left unprotected or without erosion control after this date. 29. 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. 30. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: N/A 31. Upon'completion of the work covered by this Order, the applicant shall submit an as -built plan, signed and stamped by a registered professional engineer or land surveyor, together with a written request for a Certificate of Complianice. The plan and written request shall specify any ways that the completed project differs from the plans referenced in the Order. The, as -built plan shall include, at a ininimuun, and as applicable to the project: elevations of all pipe inverts and outlets, pipe sizes, materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all structures, pavement, and contours within, 1 QO feet. of wetland boundaries; all alterations within the wetland resource areas; and all dates p;f fieldwork. 32. The owner of the property described in this.Order,must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require approval by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the `Northampton Wetlands Ordinance and /or the Massachusetts Wetlands Protection Act. Any construction or major maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission. T. T: HAMPSHIRE ,Al uir,otg °,REGISTER MARIANNE L. DONOHUE 0 ALEC MACLEOD ENVIRONMENTAL SCIENTIST Northampton Assessors Map #36 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 71 Cardinal Way Northampton a. Street Address b. City/Town 421820N d. Latitude 341 -1 Latitude and Longitude: 36 f. Assessors Map /Plat Number g. Parcel /Lot Number 2. Applicant: William a. First Name c. Organization P.O. Box 933 d. Street Address Easthampton e. City/Town h. Phone Number a. First Name c. Organization d. Street Address e. City/Town h. Phone Number 4. Representative (if any): Alec a. First Name c. Company 10 Main Street d. Street Address North Orange e. City/Town 413 374 -8876 h. Phone Number L Fax Number I. Fax Number MA f. State Wzorek b. Last Name j. Email'Address 3. Property owner (required if different from applicant): Check if more than one owner f. State b. Last Name j. Email address MacLeod b. Last Name i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.0 $42.50 a. Total Fee Paid b. State Fee Paid Provided by.MassDEF $67.50 assDEP File Num ocument Transaction Number'. Northampton City/Town 01062 c. Zip Code 72 41 30 W e. Longitude 01027 g. Zip Code: g. Zip Code MA 04364 f. State g. Zip Code amacleod@mass.rr.com c. City/Town Fee Paid wpaform3.doc rev. 04/08/09 Page 1 of 8 CD Massachusetts Department of Environmental Protection Provided by NrassDEP Bureau of. Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131,. §40 A. General Information (continued) 0 O 6. General Project Description: O Relocate existing driveway O 0 O 7a. Project Type Checklist: Q 1. Single Family Home 0 3. Limited Project Driveway Crossing O O 5. Dock/Pier 0 7. Coastal Engineering Structure assDEP File Num OCUrnent Transaction Number'; Northampton City/Town 2. Residential Subdivision 4. Commercial /Industrial 6. Utilities 8. Agriculture (e.g., cranberries, forestry) 0 9. Transportation 10. Other 0 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR J 1.0.24 (coastal) or 310 CMR 10.53 (inland).? 0 1. Yes ®No If yes, describe which limited project applies to this project: 0 2. Limited Project O 8. Property recorded at the Registry of Deeds for: O Hampshire a. County b. Certificate (if registered land) 7913. 229 O c. Book d. Page Number O B. Buffer Zone Resource Area Impacts (temporary permanent) 0 1. E Buffer Zone Only Check if the project is located only in the Buffer Zone of a Bordering O Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54- 10.58; if not applicable, go to Section B.3, O Coastal Resource Areas)._ O Check all that apply below. Attach narrative and any supporting documentation describing how the O project will meet all performance standards for each of the resource areas altered, including standards O requiring consideration of alternative project design or location. v For all projects O affecting other Resource Area Size of Proposed Alteration Proposed Replacement (if any) Resource, Areas, O please attach a a. Bank narrative 1. linear feet 2. linear feet explaining how b. Bordering Vegetated the resource 1 square feet 2: square feet O area was Wetland delineated. O c. Land Under 1. square feet 2. square feet Waterbodies and O) Waterways 3. cubic yards dredged 0 wpaform3.doc -rev. 04 /08/09 Page 2 of 8 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Buffer Zone Resource Area Impacts (temporary permanent) (cont'd) Resource Area d. Bordering Land Subject to Flooding. e. Isolated Land Subject to Flooding 1. square feet f. Q Riverfront Area 2. Width of Riverfront Area (check one): 25 ft. Designated Densely Developed Areas only 100 ft. New agricultural projects only 200 ft. All other projects 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area: a. total square feet 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25- 10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area b. Land Under the Ocean c. Barrier Beach d. Coastal Beaches e. Coastal Dunes 1. square feet 1. Name of Waterway (if available) Provided by MassDEP 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced 2. cubic feet of flood storage lost 3. cubic feet replaced a. Designated Port Areas Indicate size under. Land Under the Ocean, below ocument Transaction Numb Northampton City/Town Size of Proposed Alteration Proposed Replacement (if any) square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. Size of Proposed Alteration Proposed Replacement (if any) 2. cubic yards dredged Indicate size under Coastal Beaches and /or Coastal Dunes below 1. square feet 1. square feet wpaform3 :doc rev. 04 /08/09 Page 3 of 8 2. cubic yards beach nourishment 2. cubic yards dune nourishment O O O 0 O O O O O O O O O O O O O O O O O O O O O O O O O O 0 I.❑ wpaform3.doc rev. 04 /08/09 Massachusetts of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Buffer Zone Resource Area Impacts (temporary permanent) (cont'd) j. Land Containing Shellfish k. Fish Runs 4. Restoration /Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State- Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http: /www. mass. qov /dfwele /dfw /nhesp /requlatory review /priority habitat/online viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 2008 b. Date of map Coastal Banks Rocky Intertidal Shores Salt Marshes Land Under Salt Ponds Land Subject to Coastal Storm Flowage Size of Proposed Alteration 1. linear feet 1. square feet 1. square feet 2. cubic yards dredged 1. square feet 1. cubic yards dredged 1. square feet Provided.by MassDEP:; IassDEP.. File Number' ocument Transaction' Number. Northampton City/Town Proposed Replacement (if any) 1. square feet 1 sq if restoration, rehab., creation Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and /or inland Land Under Waterbodies and Waterways, above Page 4 of 8 n n fl 0 0 0 O 0 0 0 0 0 0 Massachusetts epartment of Environmental Pr o,..ction Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30 -day, MESA/Wetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review* O 1. Percentage /acreage of property to be altered: 0 (a) within wetland Resource Area O percentage /acreage Provided by MassDEP assDEP File Number ocument Transaction Number: Northampton City/Town (b) outside Resource Area percentage /acreage 0 2. Assessor's Map or right -of -way plan of site 3. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed O tree /vegetation clearing line, and clearly demarcated limits of work O (a) Project description (including description of impacts outside of wetland resource area buffer zone) (b) Photographs representative of the site (c) MESA filing fee (fee information available at: O http: /www. mass. qov /dfwele /dfw /nhesp /requlatory review /mesa /mesa fee schedule.htm). Make check payable to "Natural Heritage Endangered Species Fund" and mail to NHESP at above address C Projects altering f0 or more acres of land, also submit: O (d) Vegetation cover type map of site (e) Project plans showing Priority Estimated Habitat boundaries d. OR Check One of the Following 0 O 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http: /www.mass.gov /dfwele /dfw /nhesp /requlatory review /mesa /mesa exemptions.htm; 0 the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking b. Date submitted to NHESP 0 0 Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http: /www.mass.gov /dfwele /dfw /nhesp /nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform&.doc rev. 04/08/09 Page 5 of 8 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts -Department of Environmental Pr o«) tion Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Other Applicable Standards and Requirements (cont'd) Provided by MassDEP: assDEP:, File: Numbe. Document Transaction Number:` Northampton City/Town 3. Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable project is in inland resource area only b. Yes No If yes, include proof of mailing or hand delivery of NOI to either: South Shore Cohasset to Rhode Island, and the Cape Islands: Division of Marine Fisheries Southeast Marine Fisheries Station Attn: Environmental Reviewer 838 South Rodney French Blvd. New Bedford, MA 02744 North. Shore Hull. to New Hampshire: Division of Marine Fisheries North Shore Office Attn: Environmentat Reviewer 30 Emerson Avenue Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes El No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, 105)? a. Yes No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k) -(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2,. Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single- family house wpaforrn3.doc rev. 04/08/09 Page 6 of 8 0 0 0 0 Massachusetts epartment of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Other Applicable Standards and Requirements (cont'd) ocunent Transaction ,Number Northampton City/Town 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single family houses or Tess than or equal to 4 units in multi family housing project) with no discharge to Critical Areas. D. Additional Information 0 Applicants must include the following with this Notice of Intent (NOl). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 0 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. O (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), O and attach documentation of the methodology. O 4. Ef List the titles and dates for all plans and other materials submitted with this NOI. CD 0 Plan of Land in Northampton, Massachusetts. Prepared for William Wzorek. Sheets 1 and 2 a. Plan Title O Huntley Associates, PC Mark McClusky, PE O b. Prepared By c. Signed and Stamped by 5/29/09 (Sheet 1), 6/4/09 (Sheet 2) 1" 20' O d. Final Revision Date e. Scale O f. Additional Plan or Document Title g. Date O 5. If there is more than one property owner, please attach a list of these property owners not O listed on this form. O 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. O 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 0 O 9. Attach Stormwater Report, if needed. 0 0 0 0 0 0 wpaform3.doc rev. 04/08/09 Page 7 of 8 0 0 0 0 0 0 0 0 0 0 U wpaform3.doc rev. 04/08/09 Massachusetts Oepartment of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Fees O 6. Payor name on check: First Name F. Signatures and Submittal Requirements Provided by MassDEP 7. Payor name on check: Last Name 0OpppTjleiNtiti ocumentTransaction Number Northampton City/Town 0 0 1. 0 Fee Exempt: No filing fee shaft be assessed for projects of any city, town, county, or district of 0 the Commonwealth, federally recognized Indian tribe housing authority, municipal housing O authority, or the Massachusetts Bay Transportation Authority. 0 Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee 0 Transmittal Form) to confirm fee payment: wig 6' —z6 -a 0 2. Municipal Check Number 3. Check date O _I2 e- .z.4. -oq 4. State Check Number 5. Check date 0 1 -J1L-/-/ 0 LEC -..v /)z .4k 0 0 I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant irr accordance with the wetlands regulations, 31(} CMR 10.05(5)(a). 0 1 further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L c_ 1.31, 40. Notice must be made by Certificate of Mailing. or in writing. by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant ate 0 4. DD 0 uN;E. Sig ature of Repres ntativ- (if any) 6. Date 0 0 For Conservation Commission: 0 Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city /town fee payment, to the Conservation 0 Commission by certified mail or hand delivery. O For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one 0 copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP 0 Regional Office (see Instructions) by certified mail or hand delivery. Other: 0 If the applicant has checked the "yes" box in any part of Section C, Item. 3 above, refer to that section. 0 and the Instructions for additional submittal requirements. 0 The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Page 8 of 8 CD 0 ALEC MACLEOD, ENVIRONMENTAL SCIENTIST 0 10 MAIN STREET, NORTH ORANGE, MA 01364 (413) 374 -8876 AMACLEOD @MASSRR.COM NOTICE OF INTENT Project Narrative 0 Driveway Relocation 0 71 Cardinal Way, Northampton 0 0 SITE DESCRIPTION 0 The project area consists of two house lots on the east side of Cardinal Way in Northampton, one of which is unoccupied but with a driveway on it serving the other lot, which is occupied by a O single family house. The open lot is partially vegetated with scattered grass, while the built lot 0 has a lawn and several medium -sized trees, generally Norway Spruces. On the west side of Cardinal Way is a stormwater conveyance ditch buried beneath Multiflora O Rose. Bank and Bordering Vegetated Wetland exists in this ditch, which was present before the O development of the Plantation at West Farms, within which the project area is located. The 0 proposed work is across the street from the culvert at the uppermost extent of Bank and BVW. 0 0 DESCRIPTION OF WORK O The driveway relocation will be implemented according to the following sequence: 0 1. Installation of sediment control barriers: Sediment control will be established along the 0 driveway footprint. Silt fence will be installed around all work areas subject to jurisdiction. 0 2. Removal of topsoil: Topsoil will be removed from the new driveway footprint and 0 stockpiled for later replacement within the footprint of the driveway to be removed. 0 Stockpiles of topsoil will be placed outside of buffer zones. O 3. Driveway paving: Bituminous concrete will be applied to the driveway. 0 4. Topsoil and seed: Topsoil will be distributed along the driveway and seeded with a lawn 0 grass seed mix. 0 5. Site closure: Sediment controls throughout the work area will be removed following. O satisfactory establishment of a grass cover on disturbed soils. Following completion of construction and revegetation of the site, an application for a Certificate of Compliance will 0 be filed with the Northampton Conservation Commission. 0 0 0 RESOURCE AREAS 0 Delineation Procedures 0 Resource areas on and within 100 feet of the study area were re- delineated on June 5, 2009 using 0 a multiple parameter methodology. This approach emphasizes the determination of a prevalence of wetland plant indicator species as described in the US Fish and Wildlife Service classification 0 0 0 O n n O ALEC 1VIACLEOD ;ENVIRONMENTAL SCIENTIST 0 (Reed et al, 1988), as well as the 50% wetland vegetation criterion as articulated at 3 CMR 0 10.55(2)(c) in combination with hydric soil identification and determination as described in Field Indicators for Identifying Hydric Soils in New England, Version 3 (NEIWPCC, 2004) and the CD US Army Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987). O Areas containing over 50% domination by ;wetland indicator plants as well as hydric soils and 0 other indicators of wetland hydrology were included within the delineated wetland boundary. Wetland indicator plants are those plants listed as having a wetland indicator status of Obligate (OBL), Facultative Wetland (FACW, including FACW+ and FACW and Facultative (FAC or O FAC 0 Bordering Vegetated Wetland: Bordering Vegetated Wetland (BVW) near the project area is found in association with the Bank within the ditch, though all of it near the project area is buried beneath a dense cover of Multiflora Rose. BVW has a 100 -foot buffer zone extending O perpendicularly from its boundary into the adjacent upland. Bank: Bank exists within the drainage ditch. It, like Bordering Vegetated Wetland, has a 100 foot buffer zone extending perpendicularly from its boundary into the adjacent upland. 0 0 O REGULATORY CONTEXT O Massachusetts Wetland Protection Act: The Act identifies resource areas and buffer zones (to O BVW and Bank) and specifies certain performance standards to be incorporated into projects O impacting these jurisdictional areas. On this site, the jurisdictional area of concern is buffer zone to Bank and BVW_ 0 O Northampton Wetlands Protection Ordinance: The Ordinance extends protection to Isolated Wetlands within the City's boundaries and increase protection of buffer zones. The Ordinance- O also provides protection for vernal pool habitat that has not necessarily been certified by the Natural Heritage and Endangered Species Program. 0 O Natural Heritage and Endangered Species Program (NHESP): The Natural Heritage Atlas shows O that the study site does not fall within the drawn boundaries of any area identified as estimated O habitat of rare wildlife or priority habitat (Section 7). O O DESCRIPTION OF WORK The driveway relocation will be implemented according to the following sequence: 0 6. Installation of sediment control barriers: Sediment control will be established along the driveway footprint. Silt fence will be installed around all work areas subject to jurisdiction. O 7. Removal of topsoil: Topsoil will be removed from the new driveway footprint and O stockpiled for later replacement within the footprint of the driveway to be removed. Stockpiles of topsoil will be placed outside of buffer zones. O r NOI Narrative: 71 Cardinal Way, Northampton, Mass. Page 2 ALEC MACLEOD, ENVIRONMENTAL SCIENTIST 8. Driveway paving: Bituminous concrete will be applied to the driveway. 9. Topsoil and seed: Topsoil will be distributed along the driveway and seeded with a lawn grass seed mix. 10. Site closure: Sediment controls throughout the work area will be removed following satisfactory establishment of a grass cover on disturbed soils. Following completion of construction and revegetation of the site, an application for a Certificate of Compliance will be filed with the Northampton Conservation Commission. Figure 1. The unoccupied lot and driveway. NO1 Narrative: 71 Cardinal Way, Northampton, Mass. Page 3 ALEC MACL EOD, tiNVIRONMENTAL SCIENTIST NOI Narrative: 71 Cardinal Way, Northampton, Mass. Page 4 Figure 2. The existing driveway. The new driveway will be located to the south (right) of the stand of trees, none of which are to be cut. The photograph of the new driveway location is on the cover of this document. T )@2 f m_ k lea 4 a a q 7 n_ k2a O p IP f #2mp p% Q w.f -L WD \]k z if z r O 0 0 0 O O ,,91. ,1.4 DZL 0 0 O 0 0 O 0 0 O 0 O e a O O 8 O 0 O C v O 3 0 O U 0 O 0 0 O 0 o 0 o O O O 8 O 0 0 O 8 0 0 O 8 0 0 O O 0 0 „a oZL O 0 0 0 O 8 0 0499994 0499994 0949994 0949994 OZ49994 09£9894 00£9994 0049894 0929894 00£9894 0429894 0429994 091.9894 091.9894 En c sr N Q 0 0) 0 8 O 8 0 0 N 8 0 O 0) (0 0 0 0 fD CO a 0 f J Cl) 0) ru e§2 z CL CO 0 E Z 0 co 7 0 f@ f o E k� co §r k o .<0 k f 2 2 o, a/§ E co k k 0) e k E 7[ k E E lc. k) p °E k� 2 t o ƒ to o a o L o om o(EE 8. ta a) .0 f k 2$ Eo .0) g t t G e K (I) O. 1 i k P 0 2 6 u. E f k G, E o o E f o a 7) f 2 2\ f\ k f| K ƒ] E 0% 8 J f i t 2 t /J A 2 2 co 0 3 0 0 3. I I CO a A 2 En co u 3 D 2 K- X 4 ©k 4 k e s 2§ a A% m 9 k� a❑ a Soil Map Hampshire County, Massachusetts, Central Part USDA ampshlre Couty, Massachusetts, Central Pak (MA609) Map Unit Symbol; 253B 258A 258B 260A 260B 600 651 lap Hinckley loamy sand, 3 to 8 percent slopes Amostown fine sandy loam, 0 to 3 percent slopes Amostown fine sandy loam, 3 to 8 percent slopes Sudbury fine sandy loam, 0 to 3 percent slopes Sudbury fine sandy loam, 3 to 8 percent slopes Pits,. gravel Udorthents, smoothed Totals for Area of interest cres in AOl 0.2 2.1 3.9 4.8 3.1 9.9 5.6 29.6 erceht of AOl 0.7% 71% 13.3% 16.3% 10.4% 33.4°L 18.8% 100.0% Natural Resources Map Unit Legend Web Soil Survey 2.2 Conservation Service National Cooperative Soil Survey 6/25/2009 Page 3 of 3 NOW OR FORMERLY MONUMENT FOUND UNMONUMENTED POINT LOCUS PROPERTY LINE ABUTTER'S PROPERTY LINE TREE LINE WETLAND DELINEATION WETLAND BUFFER MAJOR CONTOUR LINE MINOR CONTOUR LINE P- I AD14 WF WF/AD 3 WF/AD2 I I I I I WF/AD3 I Y 012'i LOCUS MAP 1 200 MERID,(Iy,A�N OF 1 1 WF PLAN BOOK 195-100 I INpy WAY 1 I 1 L POND 1r.1 y�""� Y WF/ADS O a 2 LOT 7 LOT 2 LO TS POND LOT B LOT 3 3 i wFMoe LOT f 1 -7-..- 1 LOT 4 MERIDIAN OF MEMO PLAN BOOK 195-100 WOODED DMN R =97 C8 'CARDINAL WAY R RA= 99.29' c,m4 GRAN. a" -°"u GAB A/ C GAS UN MEIER 71 AREA CARDINA2.613 L WAY N/F WILLIAM P. WZOREK, SR. LEE -ANN WZOREK DEED 7913229 PLAN 195100 LOT 6 GRASS i SATEWIE DISH BIT. CURB 93 CARDINAL WAY N/F THE WZOREK FAMILY INVESTMENT TRUST DEED 5911308 PLAN 195100 LOT 7 AREA 0.790 ACRES± IN FEET 1 Inch 20 0. SURVEYOR: FIELD WORK: DESIGN: COMPS: DRAFTING: CHECKED: HORIZ SCALE: VERT SCALE: PROJECT NO: DRAWING NO: DFS TB MAM 20' 09 -099 H ENGINEER: DATE: U SHEET NO. o a o z o o z OF MAM 09- 099Work 05/29/09 1 2 GENERAL NOTES 1. All excavation shall comply with OSHA's latest standards. All requirements of OSHA's excavation standards shall be provided by the Contractor including, but not limited to, the provision for a competent person (foreman) to ensure compliance. The City, through its resident engineer, shall expressly not provide any of the above requirements designated by OSHA's excavation standard. 2. The Contractor shall submit an estimated construction schedule relating to the recommended sequence of construction. The suggested sequence of construction has been provided as a general reference to assure the required compliance with technical standards and with requirements of the permitting agencies. The Contractor may provide an alternate sequence of construction clearly describing their materials, techniques and time frames for approval by the Engineer, and coordinate with daily facility operations. 3. Generally, the Contractor's staging area for access, storage of surplus materials and equipment is limited to the bounded property line. No work, stockpile of materials, storage of equipment, or other operations of the Contractor shall take place outside of these areas or on the abutting properties unless specifically authorized by the Engineer, facility manager, and abutting property owner. The Contractor at their own expense shall repair any disturbance of these areas. 4. The utilities shown are not guaranteed as to their accuracy or completeness. It shall be the responsibility of the Contractor to locate all existing utilities in the field. It is required that the Contractor contact DIG -SAFE (1 -888- 344 -7233) at least 72 hours prior to construction. No excavation shall be allowed without a valid DIG -SAFE number. 5. The property line and topographic information shown on the plans were developed from a field survey by Huntley Associates P.C. during the month of May 2009. The Contractor shall preserve all survey stakes and temporary benchmarks to the extent possible or replace damages station stakes as directed by the Engineer if required. Ions of record and other 6. Locations of utilities shown herein are the result of surface evidence as located by field survey, p available sources. This plan does not necessarily depict the exact locations of all utilities that may exist at this time. 7. The Contractor shall preserve and protect all bounds and property marks shown on the plans, located by the Engineer in the field, or located during the course of the construction. A Registered Land Surveyor at the Contractor's expense shall restore any property marks disturbed or destroyed for any reason. B. The Contractor shall be solely responsible for laying out all items of the work based on certain horizontal control and benchmark. Any discrepancies shall be immediately reported to the Engineer. 9. Any and all cut trees, demolished structures, and other rubble material pertaining to this project shall be disposed of by the Contractor off -site at their expense in accordance with The City of Northampton ordinances, the Massachusetts Wetland Protection Act, Chapter 131, Section 40, G.L., and all applicable state and federal environmental regulations. 10. All pavement disturbed by the Contractor's operations shall be replaced in accordance with the specifications and as shown on the drawings. 11. The Contractor will protect all cuts with barricades and lights, and agree to save the City of Northampton harmless from all claims for damages whatsoever. 12. All materials and methods are to comply with The City of Northampton DPW standards or Massachusetts Highway (where applicable), unless otherwise directed by the Engineer. 13. All applicable environmental permits shall be obtained prior to initiation or construction. 14. Permits will be required by contractor when working within or occupying public way. Contractor is responsible for obtaining all required work permits and maintaining a copy of all permits on -site at all times. 15. Backfill will be placed in successive layers not more than twelve inches in thickness and shall be compacted to 95% of maximum dry density of standard proctor test (PER ASTM 0698) for all applicable types of backfill material. No frozen material shall be used as backfill. If, in the opinion of the Engineer or the DPW, the excavated material is unsuitable, the entire material for backfilling shall consist of approved gravel or approved borrow, as directed. GENERAL EROSION CONTROL GUIDELINES 1. All areas that are disturbed during grading operations which will not be paved will receive 6" of loam and seed. 2. Erosion control measures shall be incorporated in the sequence of construction to prevent sediment laden water from leaving the site. 3. Natural vegetation shall be retained whenever feasible up to the scheduled start of construction activity in the area. Where possible, clearing shall immediately preceed construction activity. 4. Areas subject to erosion shall be minimized in terms of time and area. 5. In general, work requiring erosion control includes excavations, fills, drainage, swales, and ditches, rough and finish grading, and stockpiling of earth. 6. Erosion control measures shall, where applicable, incorporate at least the following procedures detailed on this drawing A. Temporary barrier of hay bales to prevent sediment -laden water from entering storm drainage systems. B. Temporary barrier of hay bales to act as erosion checks at the toes of embankments and slopes. C. Temporary earth berms to act as sediment traps in areas of extreme runoff. D. Temporary erosion checks in ditches and swales to prevent sediment -laden water from entering bodies of surface water. E. Provide temporary slope erosion control where required. F. Fill and grading shall be treated with slope stabilization seeding and hay mulch upon completion. 7. Additional erosion control measures shall be incorporated as directed by the Engineer or Environmental Professional when the existing measures are inadequate. B. Erosion control measures shall be maintained until the embankment or finish grade is stabilized. Erosion control measures shall then be removed and the areas are to be finish graded and planted as shown on drawings or as noted in specifications. 9. The Contractor must give the Engineer at least 10 days' notice prior to performing any work within a wetlands resource area. 10. Sideslopes, shoulder areas, and disturbed vegetated areas, to be a max. grade of 2:1, compacted, stabilized, loomed and seeded as shown on plans. All sideslopes shall be immediately fine graded and seeded in accordance with the project specifications. NOTES: WORK IN OR NEAR WETLANDS 1. "Work in or near wetlands" is defined as any area where construction is within a wetland or within 100 feet of a wetland (buffer) as defined M.G.L. CH. 131, S.40 Wetland Protection Act. 2. Major wetlands and buffers subject to applicable restrictions of this contract are indicated on the plans and the "schedule of wetlands areas." 3. No materials subject to erosion shall be stockpiled overnight within 100 feet of wetland, brook, top of river bank, or other area deemed as wetlands or buffers by the department. 4. All excavated materials shall be tasted away from wetlands, brooks, rivers, or other areas deemed wetlands or buffers by the department. 5. Pipe trenches shall be totally backfilled at the end of each work day, unless approved by the engineer. 6. Sedimentation control fences shall be installed prior to clearing. See plans for limit. The contractor shall maintain these fences until final acceptance by the department. 7. Disturbed areas shall be finished grade, loamed and seeded and restored within one (1) week of installation of pipe. 8. The finished grade of disturbed areas shall match existing topography of the area prior to construction, unless indicated otherwise on the plans. 9. The contractor shall construct temporary cross ditches, culverts and swales, as necessary to maintain existing surface water levels, subject to the approval of the department. 10. The functioning of temporary culverts, ditches, swales or contruction opeations shall not cause noticeable sedimentation plumes. If plumes occur, the contractor shall stop work and install erosion control devices immediately to prevent further sedimentation. 11. Accumulated sediment shall be removed and disposed of by the contractor as required or as directed by the department. 12. Transfer and /or storage of fuels, lubricants, etc., will not be permitted within sensitive areas without prior approval of the department. Transfer will not be permitted within 100 feet of a flowing brook or river and no storage will be allowed except in approved fenced- secured areas. 13. Equipment shall not be parked within wetlands or buffer areas except during actual operations requiring said equipment. wF/P2 1 1 1 1 ur{Pl -9 WPC! 0 WF{AO2 1 1 gF{A03 1W N9 MERIDIAN OF PLAN BOOK 195..100 1# NA TEMPORARY SILTATION FENCE REMOVE AND RESET STONE WALL AS NECESSARY SAWCUT BIT. CURB NEW DRIVEWAY SHALL MATCH STREET ELEVATION PLUS 1 -INCH UP Ig 1 1 CARDINAL.. WA? WF; N1 START N2 TER ,;;tnviYF. GCUNO :OUJD 6'uP)1.1 FF A LP, 98.25` 2. i FRT. FA cans 20 HEMLOCK H.P..99.00 TO REMAIN ST1 0 cQ� VejERED ito 61 k .41 44 SI ti BITUMINOUS CONCRETE PAVEMENT TO REMAIN PER LOT 7 BUYER s 4•40 1,44 LEGEND 20 NEW BITUMINOUS CONCRETE REMOVE AND DISCARD BITUMINOUS CONCRETE (AREA (SF) REMOVED SHALL EQUAL AREA (SF) INSTALLED) GRAPHIC SCALE 10 20 40 IN FEET I toch 20 ft. 80 1" SQ.FT. OAK POST "8" SUPPORT NET INDUSTRIAL POLYPROPYLENE FILTER FABRIC MIRAFI 100 OR APPROVED EQUAL BACKFlLL MERAI C OUPLER (STPP E 0 oR PPPROO E QU PL TEMPORARY SILTATION FENCE N.T.S. BACKFILL COMPACTED SUITABLE SUB -BASE NATIVE SOILS, OTHERWISE EXCAVATE AND REPLACE WITH PROCESSED GRAVEL BORROW 1 1/2" BIT. CONCRETE BINDER COURSE, CLASS 1 DRIVEWAY DETAIL N.T.S. 1 -1/2" BIT. CONCRETE MODIFIED TOP COURSE, CLASS 1 10 COMPACTED PROCESSED GRAVEL BASE, 14.103.0, TYPE b z z A SURVEYOR: DFS FIELD WORK: ENGINEER: MAM DESIGN: COMPS: DRAFTING: TB CHECKED: MAM HORIZ SCALE: AS SHOWN VERT SCALE. J O z 0 z PROJECT NO: 09 -099 DRAWING NO: 09- 099Work DATE: 0 6/04/09 SHEET NO. 2 OF 2 z w 1 t 1 -1040 _I w U 4 1 z 1 I/ r. 1 m i� /ice l►J r 3i -N� 1 100' WETLAND BUFFER f re SJJJ2Sf1H3VSSV `AIOJdYNdH.L2ION NI QNV'I 30 NV'Id )I[NOZM J'IVITIIM aoa aaxvaazta 09010 SLL3SfHOVSSVW `MO1aWVHi iOH ISVZ 3At2IQ 1 IS Snaru of S1YNOISS O&L Q SMS3I1 s2L33KION3 s?OAAxns 'ad `SLLVI3OSSV ASFUNflH XJTLLMF1H SNOLLIQNO3 ONIISIXE