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2023.01.12 Staff Report - Cutlery Attachment A Draft“ATTACHMENT A” The Commission finds that the entirety of the work referenced qualifies as a limited project as defined in 310 CMR 10.53 (3) (q) Note: The Commission MUST be able to make this finding to issue an Order for work as proposed. Any portions of the work that do not qualify as a limited project must meet all applicable performance standards. The Commission finds that the following Conditions are necessary to meet the performance standards set forth in 310 CMR 10.21 through 10.60 for the protection of those areas found to be significant to one or more of the interests identified in M.G.L. c. 131, § 40 20. Prior to the initiation of any work, the applicant/owner shall submit a letter of understanding to the Commission stating that he/she has received, read, understands and shall comply with these Orders. The applicant, and, his or her contractor, foreman and/or construction manager shall sign the letter of understanding. 21. Prior to the initiation of any work, the applicant shall submit to the Commission a sequencing plan for construction, erosion and sedimentation control installation, and dust control. The plan shall specify discrete work areas. The entire site shall not be destabilized concurrently. Stump removal shall be accomplished step-wise, section-by- section. Work on the retaining wall will be scheduled for low-flow periods. The plan shall include detailed provisions for measures to be taken during rain events. 22. Prior to the start of any site work, excavation or construction, a pre-construction conference shall be held on the site, between the contractor conducting the work, the site/project engineer, the applicant, and a member or agent of the Conservation Commission, in order to ensure that the requirements of this Order are understood by all parties. Prior to the pre-construction meeting, all erosion control devices must be installed. 23. All required permits must be obtained from federal, state and municipal agencies and departments prior to the start of any project. 24. A copy of this Order and associated plans shall remain on site during all construction and/or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 25. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into the permit by reference and shall be followed during the course of construction. 26. The areas of construction shall remain in a stable condition at the close of each construction day. Erosion control measures shall be inspected at this time, and maintained or reinforced as necessary. All such devices shall be inspected, cleaned or replaced during construction and shall remain in place until such time as stabilization of all areas that may impact resource areas is permanent. These devices shall also be inspected to assure that the maximum control has been provided. Any entrapped silt shall be removed to an area outside the buffer zone and resource areas, and maintained or reinforced as necessary. Erosion controls shall be inspected after every rainfall to assure that maximum control has been provided. 27. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, riprap, filter berms or other devices planned for use during construction. 28. Soils exposed for periods greater than two months shall be stabilized with erosion control blankets and netting, a covering of straw mulch, or a temporary cover of rye or other grass to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with a native perennial grass mixture. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. Preference should be given to biodegradable materials. 29. All disturbed areas shall be graded, loamed and seeded, or stabilized with erosion control blankets or netting, and a covering of straw mulch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left unprotected or without erosion control after this date. Condition 30 is specific to the Northampton Wetlands Ordinance: 30. No disposal of soils or other materials shall be allowed within: a 100-year floodplain; 40 feet of the 100-year floodplain elevation; any wetland; any area within 100-feet of a wetland ; any area within 200 feet of a perennial stream; a vernal pool, or any area within 200 feet of a vernal pool unless such areas are specifically approved by the Commission, in accordance with 310 CMR 10.00, and City of Northampton Ordinances - Chapt er 337 31. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: 33 32. Upon completion of the work covered by this Order, the applicant shall submit an as-built plan, signed and stamped by a registered professional engineer or land surveyor, together with a written request for a Certificate of Compliance. The plan and written request shall specify any ways that the completed project differs from the plans referenced in the Order. The as-built plan shall include, at a minimum, and as applicable to the project: elevations of all pipe inverts and outlets, pipe sizes, materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all structures, pavement, and contours within 100 feet of wetland boundaries; all alterations within the wetland resource areas; and all dates of fieldwork. 33. The owner of the property described in this Order must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require approval by the Northampton Conservation Commission. Any deed or legal instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain the following language: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property may require an Order of Conditions, and/or a Determination of Applicability from the Northampton Conservation Commission. 34. Any fencing shall include a minimum six inch gap immediately above ground level to provide for wildlife passage. 35. An annual report, in accordance with the Massachusetts Inland Wetland Replication Guidelines, shall be provided to the Commission by November 30 of each year, for the first three growing seasons. The report shall contain all elements required in monitoring the wetland replacement area, and shall detail how and to what extent the replacement area meets the General Performance Standards and the Wetland Replication Plan in the NOI. If non-compliance with any Performance Standards or the Replication Plan is documented, the report shall include a draft “corrective plan of action.” 36. Prior to the issuance of a certificate of compliance, the applicant shall demonstrate that at least 75% of the surface of each replacement area has been re-established with indigenous wetlands plants. 37. The Commission shall be given 48 hours notice prior to the beginning of construction of the wetlands replication area, to allow for discussion of requirements and to ensure compliance with all special conditions. 38. Any future alterations of areas shown on NOI plans as Wetland Replication Areas, except as may be required to maintain them in restored or mitigated condition, are prohibited. Additional allowable activities are removal of species listed on the Massachusetts Prohibited Plant list and planting of native species. 39. Prior to construction, the applicant shall provide a long-term operations and maintenance plan for the stone wall, gabion baskets, riprap areas, and orange marker layer. The Plan shall include provisions for annual inspection and reporting, inspection following flood events, and repair and restoration. 40. Immediately following completion of the geocell portion of the project, the applicant shall provide a detailed planting plan for review and approval. Plantings shall include overstory trees and understory shrub species, and shall include low-height species within the geocell area. All tree species shall conform to those included on the City of Northampton’s approved tree species list. A request for certificate of compliance shall include an assessment of all plantings following three growing seasons. Any plantings not successful at that time shall be replaced. Note: The entire site lies within riverfront area. The application indicates that tree removal is necessary to successfully implement the project, but relies on natural long-term repopulation, which will limit species to those found onsite. Plantings will further the interests of the Act and create shading, food, and habitat, and allow for more plant diversity and variation of canopy height. The Commission should discuss minimum number of plants required. 41. Prior to any portions of the project that involve land under water work, the applicant shall provide an onsite Spill Kit to include absorbent booms and pads. Overnight equipment storage shall not occur below the retaining wall. An oil-only sorbent boom shall be installed inside the turbidity curtain. 42. Timber mats sha ll not be constructed from treated wood.