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25C-251 (11) • 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued :srY sued by the N o r t h . a •_ • • C ery rio . mmission 1 .. `- -- ' G /�� This Order must be signed by a majority of the Conservation Commission. • On this 24th day of April 2000 , before me personally appeared Mason Maronn , to me known to be the person described in, and wlo`?oa e.*: '',., J % the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and deed. . _�` : *ors o�1 �' % Notary Public . • My Commission Expires I «. 44 Notary • 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 Authority'°' - Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 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 4/1/94 310 CMR - 423 423 nw submitted to the Commission prior to track maintenance. 30. With respect to maintenance item #15 - maintenance, repair and replacement should be only "as shown on plan." 31. The five -year drainage program as submitted April 10, 2000 should be followed, adding to years 2001 -2005 a requirement to clean out ponds at the same time that catch basins are cleaned. All sediments must be removed from the floodplain. STORMWATER RUNOFF & POLLUTANT PREVENTION & WATER QUALITY 32. Catch basins will be designed with deep sumps and will be cleaned semi - annually, once in the spring and again in the fall, following defoliation. 33. Catchbasin sediments will be disposed of in accordance with current DEP policy. 34. All stormwater BMPs will be inspected annually. The inspection report will be filed with the Conservation Commission. 35. Annual updates to the Commission on progress being made toward achieving the proposed improvements should be submitted. Receipts for the semi - annual cleaning should be submitted to the Commission within thirty days following the cleaning. 6 Alt After making a positive determination, the Commission shall conduct a public hearing to amend the Order or to issue a new Order, if a new Notice of Intent is required. 21. In accordance with General Condition 8 on page 5 -2 of this Order, this Order shall be recorded at the Hampshire County Registry of Deeds by the Northampton Conservation Commission prior to commencement of work on the site. 22. 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. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: ( #27 - #35). 24. The outflow pipe from catch basin #30 running into manhole #44 shall be permanently sealed or removed. 25. A ground water level monitoring device shall be installed in the wet well that contains the proposed pump for the infield detention pond. The ground water levels shall be checked every two weeks from January 1, 2001 to June 30, 2001. The pump must be placed at or above the water levels indicated from the monitoring well. A monthly report of ground water levels shall be submitted to the Conservation Commission. 26. Fair Street should be reconstructed in accordance with DPW standards to repair damage done by storm water flow. Reconstruction shall occur at the time of construction of the culvert as proposed by the applicant in Year 2001. If the culvert is not to be constructed due to consideration of additional information, Fair Street should be repaired in Year 2001 as originally proposed by the applicant. 27. Maintenance activities shall be carried out as specified in the "Maintenance & Operations Plan for the Three County Fairground." (Section 12 of the Notice of Intent.) 28. Once manure is removed from the stalls, it should be taken immediately to the temporary storage areas and covered by the end of the day or when rainfall begins, then removed off -site to the Meadows as soon as possible. 29. If fill is brought in as part of regrading the racetrack, compensatory storage should be created for any amount of new fill. Each year that fill will be brought in to grade the track, the applicant must show to the Conservation Commission that an equal amount of compensatory storage will be created on site and how it will be created. Compensatory storage may be created by dredging out ponds #1 and #2 - and cleaning catch basins. However, applicant must show that the amount brought in is equal to the amount of sediment pulled out of the ponds and catch basins. A report to this effect must be 5 and receive any data or documentation that is deemed necessary for evaluation of compliance. 14. This Order of Conditions shall apply to any successor in interest or successor in control; 15. 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 Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission "; 16. The contractor is as responsible as the applicant and property owner for any violations of the Orders of Condition and penalties under the law, while all activities regulated by this Order are being performed. 17. 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. 18. 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; 19. 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; 20. Any change or deviation from the Notice of Intent, plans and/or Order of Conditions approved by the Commission, prior to or during construction, shall require the applicant to file a request for an amendment with the Conservation Commission. It shall include a written inquiry as to whether or not the change is substantial enough to require the filing of a new Notice of Intent. 4 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 words, "Massachusetts Department of Environmental Protection, File Number 246 - 464." 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: Notice of Intent. 03/ - - - /00 "Site & Drainage Plan, Three County Fair, Fair Street, Northampton, MA 01060," 03/13/00 prepared by Almer Huntley, Jr. & Associ- ates, Inc. "Existing Elevations (Jan. 2000) Manure Management Area, Webbs Hollow Road, Northampton, MA 01060, Prepared for 04/23/00 Hampshire, Franklin & Hampden Agricultural Society (Three County Fair)," by Almer Huntley, Jr. & Associates. All Plans and information on file with Northampton Conservation Commission SPECIAL CONDITIONS: 13. The Commission and its agents shall have the right to enter and inspect the property at any time to monitor 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 3 • 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 Consern 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: 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, 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. (Note: This is a five -year maintenance permit.) 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 Department 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 310CMR 10.99 DEP File No. 246 -464 NAB 2 2 2UtiO (To be provided by DEP) Form 5 City/Town Northampton licant Three- County Fairgrounds DEPT OF $U!s � ���^ j!��epFOT,�NS of Massachusetts Map "'��C � Parcel # 251 264 Commonwealth (�QgI _,; . p # 32, Parcel lfr,Map132A,7Parce1251 Order of Conditiofs Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: Hampshire, Franklin & Hampden Hampshire, Franklin & Hampden Agricultural Society, c/o Gerald Katz Agricultural Society, c/o Gerald Katz Name of property owner Name of Applicant P.O. Box 305, Northampton, MA 01061 -0305 P.O. Box 305, Northampton, MA 01061 -0305 Address Address This Order is issued and delivered as follows: [ ] by hand delivery to applicant or representative on (date) [X ] by certified mail, return receipt requested on May 22, 2000. This project is located in Northampton at the Three County Fairgrounds on Fair Street. The property is recorded at the Registry of Hampshire County Book 1949; 1954 Page 192; 719 Certificate (if registered) N/A The Notice of Intent for this project was filed on March 13, 2000. The public hearing was closed on April 10, 2000. 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): [ ] Public water supply [X] Flood Control [ ] Land containing shellfish [ ] Private water supply [X] Storm damage prevention [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [ ] Protection of Wildlife Habitat Total Filing Fee Submitted $250.00 State Share $112.50 City Share $137.50 + 35.00 ('/z fee in excess of $25) (Local ordinance fee) Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, 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 appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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 Determination. 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 Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • rev. 5/29/02 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ❑ 6. The area and /or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on © by certified mail, return receipt requested on May 31, 2002 Date Date Date sent to DEP: May 31, 2002 This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner (if different from the applicant). ❑ ❑Signatures: l /� z/ 4 1:4 4 - - 6 9 ( May 23, 2002 Date wpaform2.doc • rev. 5/23/02 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post- marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. Final stamped elevations shall be submitted to the Conservation Commission by July 31, 2002. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filina of a Notice of Intent_ subiect to the followina conditions (if anvl. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • rev. 5/29/02 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is /are applicable to the proposed site and /or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. • ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • rev. 5/29/02 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C" � r � }� S lt n A. General Information Important: I When filling out From: ' MAY 3 1 2002 forms on the 9 Northampton computer, use Conservation Commission — only the tab Ncr key to move To: Applicant Pro )arty Ovvtaee.(af cif#er-er- frPm --a ant): your cursor - do not use the Hampshire, Franklin & Hampden Agricultural return key. Society, The Three County Fair Name Fair Street, P.O. Box 305 tirtab Mailing Address Mailing Address Northampton MA 01061 IrI City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: "Proposed Riding Ring" prepared by Almer Huntley, Jr. & Associates, Inc. April 30, 2002 Title Date Title Date Title Date 2. Date Request Filed! June 2, 2002 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Remove 3" to 4" of topsoil and replace it with trap rock dust for the construction of a riding ring. Project Location: Northampton reef A.. ress City/Town •q ;. ; & 2: Assessors Map /Plat Number PatteLot Number wpaform2.doc • rev. 5/29/02 Page 1 of 5