08-068 (7) Hay bales must be staked. Silt fencing must be installed in a dug trench and have
sufficient porosity to allow detained water to pass through while trapping suspended
sediments;
Excavated material and topsoil stockpiles shall be located and stabilized so as to
minimize washing into wetland areas or waterways;
Erosion control devices shall remain in place until all disturbed surfaces have been
stabilized with a vegetative cover or until the Commission has authorized their removal.
Areas that cannot be permanently stabilized within 30 days of disturbance shall be
stabilized by temporary measures acceptable to the Conservation Commission.
pond, except during initial lawn planting. After initial construction, use of fertilizers may
only occur after verification of the lack of nutrients in the soil, as determined through
testing.
31. Areas of construction shall remain in a stable condition at the close of each
work/construction day:
Erosion controls shall be inspected at this time, and after each rainstorm.
Any entrapped silt shall be removed to an area outside of the buffer zone and wetland
resource areas.
Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day.
All erosion controls must be maintained or reinforced to meet specifications in the plans
and this order and shall be replaced as necessary.
An adequate stockpile of erosion control materials shall be on site at all times for
emergency or routine replacement. The stockpiles equipment shall include materials to
repair silt fences, haybales, or any other devices planned for the control of erosion at the
site.
If soils are to be disturbed for longer than two months, a temporary cover of rye or other
grass shall be established, following Natural Resources Conservation Service (NRCS)
procedures, to prevent erosion and sedimentation.
If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by
straw,jute netting, or other NRCS-approved methods.
Any stabilization materials such as jute netting shall be firmly anchored to prevent them
from being washed from slopes by rain or flooding.
Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas,
and shall be implemented prior to any construction:
All stockpiled materials shall be located outside of the wetland resource areas and 100-
foot buffer zone, and shall be stabilized to prevent erosion and sedimentation into the
wetland resource area.
Sedimentation and erosion control devices shall be placed according to standards set in
the Natural Resources Conservation Service's, "Massachusetts Erosion and Sediment
Control Guidelines Manual".
Placement of sedimentation and erosion control shall be directed at the site by the project
engineer in order to accomplish maximum control of erosion to ensure that no eroded
materials will enter wetland resource areas.
i
25. If checked: [X] YES
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.
26. By April 01, 2006, the property owner shall hire a Northampton Conservation
Commission approved wetland scientist or qualified professional to inspect the potential
vernal pool/isolated wetland on the northern section of the property. If the Northampton
Conservation Commission approved professional determines that the potential vernal
pool/isolated wetland is a vernal pool, the property owner shall hire the Northampton
Conservation Commission approved professional to certify the vernal pool with the
Massachusetts Natural Heritage and Endangered Species Program.
27. Before construction, applicant needs to submit to the Northampton Conservation
Commission details of the proposed driveway elevations, the proposed swale located
adjacent to the western section of the house, the proposed French drain along the
driveway and the proposed culvert for the intermittent stream crossing. The culvert must
comply with the Massachusetts Rivers and Stream Crossing Standards, Technical
Guidelines, August 2004.
28. Permanent markers (either boulders greater than 3' in diameter or 6"x 6" cement markers
showing at least 1 foot above ground) shall be installed along the north side of the house
at a distance no further than fifteen feet from the footprint of the house and at a maximum
of ten feet apart. The first marker shall be placed on the along the ledge of the western
section of the house along the 195' contour line as shown on the site plan. The final
marker shall be placed along the 170' contour line as shown on the site plan. The owner
is responsible for maintenance of the markers. The area north of the markers shall be a
permanent no disturbance zone.
29. Applicant shall move the proposed five-bedroom residential dwelling and associated
driveway thirty feet to the south. Within 30 days of the issuance of this Order of
Conditions, the Applicant shall submit revised plans, as may be required for consistency
with this Order of Conditions, to be approved by the Conservation Commission, showing
the new location of the proposed dwelling.
30. There shall be no application of fertilizers, herbicides or pesticides to the lawns in the
buffer zone or any areas contributing runoff to the wetland, drainage swales or detention
"ATTACHMENT A"
18. 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.
19. 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.
20. 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;
21. 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;
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
areas follows: #28, #30
24. 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.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-561
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 Page 7 of this form shall be submitted to the Conservation Commission listed below.
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
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
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
wparorm5.doc• rev.3/1/05 Page 9 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 246-561
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 DEP 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.
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.
wpaform5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
l�
WPA Form 5 - Order of Conditions 246-561
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The Northampton hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b. 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.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
Northampton Wetlands Ordinance Chapter 24 and 25
a. Municipal Ordinance or Bylaw b.Citation
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.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional See"Attachment A"
conditions,
select box to
attach a text
document ❑
wpaform5.doc• rev.311/05 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special ( CC
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: 5-
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 propert owner, if different
from applic nt.
Sign'`tures: ) t s
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this JOA of e.v[C� , j�c'D
Day Month Year
Before me, the undersigned Notary Public, 4 � 070 V
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
D se cription of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose./
As member of City/Tow' 'w n �' '� `
Conservation Commission
Signature of Notary Public
Pri ted Ndme of Notgq e�cN S
Place notary seal and/or any stamp above r
M Co mission Exp9rgWte�.� rte•.=e
This Order is issued to the applicant as follows:
'' S' , r
❑ by hand delivery on by certified m�i• ��t ,gquested, on
Date Date''
wpaform5.doc• rev.3/1105 Page 7 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-561
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 DEP.
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 Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission 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 maintained 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. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See"Attachment A"
space for
additional
conditions,
select box to
attach a text
document ❑
wpaform5.doc• rev.3/1105 Page 5 of 9
Ll1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-561
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 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, bylaws, 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. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition 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. Any fill shall contain 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.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP]
"File Number 246-561 "
wpaform5.doc• rev.311/05 Page 4 of 9
Massachusetts Department of Environmental Protection
' Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-561
� Massachusetts Wetlands Protection Act M.G.L. c. 131,.§40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
15. ❑ Coastal Banks a. linear feet b. linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b. cu.yd dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.3/1105 Page 3 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 246-561
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. 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. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (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 project may 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 measures 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 Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 10
wetland boundary (if available) a. linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
45 45
4. ® Bank a. linear feet b. linear feet c. linear feet d. linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.cu.yd dredged f. cu.yd dredged
wpaform5.doc• rev.311105 Page 2 of 9
Ll1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-561
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: Northampton
When filling From. 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Kenneth Patel 66 Northampton, LLC
use the return a. First Name b. Last Name c.Company
key. 117 Conz Street
d.Mailing Address
Q Northampton MA 01060; -
e. City/Town f.State g.Zip Code
�m 4. Property Owner(if different from applicant):
a. First Name b. Last Name c.Company r) r', ,r _
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
844 North King Street Northampton
a. Street Address b.City/Town
08 068
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42 10 46 N 72 41 59 W
electronic filers will click for GIS locator): e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Hampshire
a.County b.Certificate(if registered land)
7845 337
c.Book d.Page
03/28/2005 09108/2005 10/14/2005
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Prepared for Kenneth Patel Northampton Massachusetts
a. Plan Title
Huntley Associates P.C. Mark McClusky
b. Prepared By c.Signed and Stamped by
10/03/2005 V=30'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
wpaform5.doc• rev.3/1/05 Page 1 of 9