35-029 (9) 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued
Issued by the Northampton Conservation Commission
Signature(s)__ _
This Order must be signed by a majority of the Conservation Commission.
On this_ i S day of N='J-&�oC 19 before me personally
appeared rn�4Sc�; ,Y►a+:C, ,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.
Zf a 5--__
Notary Pub li My Commission Exp' s
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 Authon-f7 -
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
September 25, 1998 to October 25, 1998. All work shall be done in accordance with this
permit.
31. Adequate energy dissipaters must be used at the outlets of the pipes if the outlets fall on
upland areas to prevent erosion of soils.
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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:
(#24, #31).
24. The pipe farthest from the southerly shore must be at least five feet from the property
boundary at the point where it crosses the dam.
PRE-CONSTRUCTION REQUIREMENTS:
25. The applicant shall notify the Commission, in writing, as to the date that the work will
commence on the project. Said notification must be received by the Commission no
sooner than(10) days and no later than five (5) days prior to the commencement of the
approved activity;
26. Prior to the start of any site work, excavation or construction, a preconstruction
conference shall be held on the site, between the contractor conducting the work, the
site/project engineer, the applicant, and a member or agent of the Conservation
Commission, in order to ensure that the requirements of this Order are understood by all
parties. Prior to the pre-construction meeting, all erosion control devices must be
installed, also.
27. Prior to the pre-construction meeting,the boundaries of all wetland resource areas, limits
of work, and grading boundaries, shall be identified by clearly marked flagging and/or
stakes, spaced at intervals not greater than 25 feet apart. Flagging used to identify wetland
resource areas shall be a color different from any other flagging used on the site. The
applicant must also clearly mark property boundaries as determined by a regiftered
land surveyor in the location of the dam.
28. Removal of the section of the beaver dam and pipe installation must be performed using
hand tools.
29. Minimal disturbance of sediment shall be permitted, and no excavation of soil or
sediment shall be permitted beyond the beaver dam in the area of the pipe placement.
30. The bottom of the pipe can be placed no deeper than eighteen inches from the top of the
dam, as specified in the Division of Fisheries & Wildlife permit (D2698CVD) valid from
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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 accordce
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.
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.
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title of the affected property. In the case of recorded land, the Final Order shall also be
noted in the Registry's Grantor Index under the name of the owner of the land upon which
the proposed work is to be done. In the case of registered land, the Final Order shall also
be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording information shall be proposed work is to be
done. The recording information shall be submitted to the Commission on the form at the
end of this Order prior to commencement of the work. The Commission usually will
record the Order in the Registry of Deeds. It is the applicant's responsibility to
insure the Order is properly recorded.
9. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the works, "Massachusetts Department of Environmental
Protection, File Number 246-434 ."
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 and Attachments 09/30/98 Beth Willard
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
and receive any data or documentation that is deemed necessary for evaluation of
compliance.
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a
Therefore, the Northampton Conservation Commission hereby finds that the following
conditions are necessary, in accordance with the Performance Standards set forth in the
regulations, to protect those interests checked above. The Conservation Commission orders that
all work shall be performed in accordance with said conditions and with the Notice of Intent
referenced above. To the extent that the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of Intent, the conditions shall control.
General Conditions:
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.
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 trashrefuse, rubbish or debris, including but not limited to lumber,bricks,plaster,wire,Atli,
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
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310CMR 10.99 DEP File No. 246-434
1 1
(To be provided by DEP)
Form 5 City/Town Northampton
Applicant Bill Willard,Inc.
Commonwealth Map#35 Parcel#29
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L.c. 131,§40
and the Northampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To:
Bill Willard,Inc. Bill Willard,Inc.
Name of property owner Name of Applicant
P.O.Box 60307,Florence,MA 01062 P.O.Box 60307,Florence,MA 01062
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 December 7, 1998.
This project is located in Northampton at Ryan RoadBurts Pit Road,Florence.
The property is recorded at the Registry of Hampshire County
1067 280
Book 1157; 1583 Page 444;727&729
Certificate(if registered) N/A
The Notice of Intent for this project was filed on September 30, 1998.
The public hearing was closed on November 23, 1998.
Findings:
The Northampton Conservation Commission has reviewed the above-referenced Notice of Intent and plans a, has
held a public hearing on the project. Based on the information available to the Conservation Commission at Aiis
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 [ ]Prevention of pollution [X]Protection of Wildlife Habitat
Total Filing Fee Submitted$285.00 State Share$ City Share$
('/Z fee in excess of$25)
Total Refund Due$ City Portion$ State Portion$
(1/2 total) (1/2 total)
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