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36-246 (9) 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued Issued by the No Conservation Commis Signatur ti�'t -X'c�"�`�r." e This Order must be signed by a majority of the Conservation Commission. Mi/ , J/'\ On this_ ��- day of_' l% 19 before me personally appeared C-<- Esc'1 ,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. 9 op Notary Public ' '1 My Co lion 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 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 Co mmission 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.ehain 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/l/94 310 C R-423 423 37. If more than 75%wetland vegetation has not been established after two growing seasons (2 years), then additional plantings and/or changes to wetland restoration plan shall be submitted to the Commission for consideration and approval. 38. No additional wetland areas shall be allowed to be filled or altered on this property without the approval of the Commission,now or in the future. A deed restriction stating this shall be incorporated into all deeds and future divisions of this site. (To be an ongoing condition.) 39. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: (#38). page 5-7 (memorex\wp\conscom\order.cc) After making a positive determination, the Commission shall conduct a public hearing for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. PRE-CONSTRUCTION REQUIREMENTS: 30. 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. 31. During construction, the limit-of-work line shall be clearly delineated and shall remain delineated throughout construction. From wetland flag#2 to wetland flag#10, the limit-of- work line shall consist of armored haybales. Also, armored siltfence shall be placed in the following places: 1) along the edge of the existing wetland in the area where excavation is to occur to create the replication area, and 2) along the edge of the wetland in the area of wetland to be filled . (The area lying east of S4 as shown on the above-cited plan.) 32. Cutting of trees located on the construction site/work area shall be allowed prior to installation of the siltation barrier. Stumps shall not be removed or unearthed until siltation barrier is in place. Where feasible, stumps shall remain in place instead of being removed. CLEAN UP BEYOND LIMIT OF WORK: 33. Any foreign material located on the surface of the ground beyond the limit of work, shall be removed by hand or pulled out with the use of chains. No heavy equipment shall be allowed beyond the Limit of Work. WETLAND REPLICATION: 34. The area proposed for replication shall be staked prior to the excavation, with notification to the Commission when completed. The name of the wetland specialist shall be submitted to and approved by the Conservation Commission. 35. A report of the success of re-vegetation activities shall be submitted to the Conservation Commission, by a qualified wetlands scientist on the following schedule: By - the end of the first growing season; and By - the end of the second growing season. 36. If more than 50% wetland vegetation has not been established after one growing season (1 year), then additional plantings and/or changes to the wetland restoration plan shall be submitted to the Conservation Commission for consideration and approval. page 5-6 (memorex\wp\conscom\order.cc) property that any construction or alteration to said property, including brush cutting or clearance, may require action 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, which shall be submitted to and approved by the Conservation Commission,prior to recording: "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. Any application for additional wetland resource area impact shall be viewed in the context of cumulative impacts as a result of this project." 24. Upon completion of the project, the Applicant shall submit a certification that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. If checked: [X] YES Certification shall be by a Wetland Specialist for the replication areas. 25. If checked: [X] YES An"As Built"plan shall be included with the project engineer's certification detailing the post-development conditions of the site. 26. Upland areas between the limit-of-work line and the wetland shall receive a minimum of four inches of loam and be planted with an upland seed mix to stabilize the area and upland shrubs to cover ten percent of the area. 27. The area of fill over the septic system shall be planted with a conservation seed mix. 28. The replication area shall be planted in accordance with information set forth on plan entitled,"Site Plan,Florence Savings Bank, 27 Spruce Lane - Lot#1,Northampton, MA," prepared by James A. Gracia, PE, dated September 11, 1997 and revised October 15, 1997 and October 22, 1997. Plan Changes: 29. 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. page 5-5 (memorex\wp\consccm\order.cc) Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts". 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. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time 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. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. 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. 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. A copy of the Notice of Intent, all plans and Order must always be on-site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Army Corp of Engineers(404,Water Quality Certification),Planning Board, Zoning Board, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. The owner of the property described in this Order, must advise any potential buyer of the page 5-4 (memorex\wp\conscom\order.cc) 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-_414_". 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: "Site Plan; Florence Savings Bank, 27 Spruce 09/l�/_97 James Anthoony CTr__acia Lane- Lot#1,Nortih m_pton, l A,"Pren� Revl O/1.519_7 by Tan1e A Grada,pF. Rev]0/22/97 All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing 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; 14. No area within the 100 year flood plain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year flood plain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. page 5-3 (memorex\wp\conscom\order.cc) 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 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 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 page 5-2 (memorex\wp\conscom\order.cc) M t 1G 1997 .� 310CMR 10.99 DEP File No. 246-414 1 tl (To be provi� DEP) Form 5 City/Town Nnrtharnpton____ Applicant Florence—Sayings—Bank Commonwealth Map#34�_Parcel#246 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: Florence-Savings-Bank Florence Savings Bank Name of property owner Name of Applicant $5_Main_Sft_eet,_Florence,MA 01062 85 Main Stretl,-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 November 6, 1997- (date) This project is located in Northampton at#27 Spruce LaneLDt1tL The property is recorded at the Registry of Hampshire County Book 4523_ Page-9— Certificate(if registered)_N/A The Notice of Intent for this project was filed on September 11, 1997. The public hearing was closed on October 20, 1997, 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 [X] Ground water supply [X] Prevention of pollution [] Protection of wildlife Habitat Total Filing Fee Submitted$285.00_ State Share$112.50 City Share$172.50_ (1/2 fee in excess of$25.00) Total Refund Due$ City Portion$ State Portion$ (1/2 total) (1/2 total) page 5-1 (memorex\wp\conscom\order.cc)