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32C-141 (57) ' s Issued By Northampton Conservation Commission Signature(s) This Order must be signed by a majority of the Conservation Commission. On this --23 day of 19 ,before me personally appeared �� ,to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land 1s located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of Issuance of this Order.A copy of the request&W at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted tine and submit to the Northampton Conservation Comm i,%&ijCpTIor to commencement of work. ........................................................................................................................................................................................................ To Northampton Conservation Commi5siQn IssuingAuthonty Please be advised that the Order of Conditions for the project at File Number 246- has been recorded at the Registry of Deeds , Hamnshi r? C'ntrnry and has been noted in the chain of title of the affected property in accordance with General Condition 8 on t 9 if recorded land, the instrument number which identifies this transaction is It registered land,the document number which identifies this transaction is Signature Applicant 5-4A 9) There shall be a headwall at the culverts outlet, and it shall be rip-rapped with energy dissipators. The pipe shall be installed with at least 2-3' of cover; 10) Earth shall be mounded over the burried culvert to divert the syrface run- off off to eighter side to prevent washout of the culvert; 11) At the completion of the project, the Applicant shall submit a statement from the project's Architect or Engineer that certifying that all work has been done in compliance with the provision of this Order of Conditions. 12) The Applicant can clear all foreign materials and debris from the entrance to the Pound Lane culvert, subject to DPW approval. r Plans: Title Dated Signed and Stamped by: On File with: Proposed New Apartment Rev. 6/2/86 N'ton Consv. Comm. .4 Buildings for Michael G. DEQE Sissman Wetland Resources ,5/22/86 Cb arlps A_ Cli nps Cnnav r.nmm nFnF All materials, sketches and Consv. Comm. DEQE plans submitted with otice Of Intent Special Conditions(Use additional paper if necessary) 1) All construction areas shall be restored to roginal condition or better upon completion of the project, including vegetation; 2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131, Section 40, M.G.L. , shall be permissable disposal sites, unless otherwise approved by the Conservation Commission; 3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas; 5) This Order Of Conditions shall apply to any successor in interest or successor in controlL 6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by the Commission for that evaluation; 7) The steep slope on the westerly portion of the project shall be stabilized with: top soil; an approved SCS conservation seed mix; spread hay; and jute mesh/tobacco cloth. 8) Hay bales shall be staked (stakes flush with the top of the bales) at the toe of the slope, and at the top of the slope (in areas necessary to check .........surf ace•-run—o•ff•wkrere...i.t...r-un.s...over •the..tep..o.f...the•-slope.).:........................................ (Leave Space Blank) r 5-3A Therefore,the Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter- ests checked above.The Conservation Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol- lowing conditions modify or differ from the plans, specifications`brother proposals submitted with the Notice of Intent, the conditions shall control. General Condltlons 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges,it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes,ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act;or (b) the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,rubbish or de- bris, including but not limited to lumber, bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. 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 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 submitted to the rnmm; g gion on the form at the end of this Order prior to commencement of the work. 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 Quality Engineering, File Number 246- 10. Where the Department of Environmental Quality Engineering 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. 1 1. 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: 5-2 *.� _ � Xk n �� �t r .,.. f F t.; �;G F aE M are .a.!.6-. ... �T 5 Form 5 OEQE File No. WE NG 1NS?ECTIONS 246— 110 0N,MA.01060 � (To be provided by DEQE) OEM. Of 6U > Commonwealth NOR CityiTown Northampton of Massachusetts Applicant S i s sman Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 Fro►n the Northampton Conservation Commission To Michael G. Sissman, M.S. Realty Game (Name of Applicant) (Name of property owner) AddressP.O. Box 1096, Northampton, MA Address same This Order is issued and delivered as follows: n !by hand delivery to applicant or representative on 7/23/86 (date) ❑ by certified mail, return receipt requested on (date) This project is located at Michelman Ave. /Pound Lane The property is recorded at the Registry of Deeds, Hampshire County Book 817 Page 143 Certificate(if registered) The Notice of Intent for this project was filed on mn3x 96� -1-986 (date) The public hearing was closed on June 23 1986 (date) Findings The Nnrt-hannnn_Con Garua ti nn Commi ssina 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 atthistime, the Conservation 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 EX Storm damage prevention • Private water supply ❑ Prevention of pollution • Ground water supply ❑ Land containing shellfish ® Flood control ❑ Fisheries 5-1