25A-168 Issued By Northampton Conservation Commission
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This Order must be signed by a majority of the Conservation Commission.
On this 7 /4 day of Gc 7�D t'- ' 1996, before me
personally appeared C . Ma 5cx) C� ,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.
Notary Public My codatissi6n 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. PLEASE NOTE--THIS IS NOT REQUIRED IF THE COMMISSION HAS
ALREADY RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED
IN LAND COURT.
... . . . . . . . . . . .. . . . . . . . . . . . ... . ....... ...... .. .. ... . . . ... . . . .. . . . . .. . .. . .. .. .. .
To Northampton Conservation Commission: Please be advised that the Order of
.Conditions for the project at . File Number 246- 39A. has been
recorded at the Registry of Hampshire County 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
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30. All work must be conducted during low flow of Connecticut River.
31. No work other than that which is shown on plans entitled COMMONWEALTH OF
MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, ELWELL STATE PARR
BOATING ACCESS, CONTRACT 262-93, L1 AND L2, DATED MAY, 1993; CONCEPT PLAN
ELWELL DOCK, DATED 8/26/96 AND ELWELL DOCK, NORTHAMPTON, MA, PROPOSED
CROSS-SECTION AT GANGWAY, DATED 8/26/96, submitted, revised and approved
by the Conservation Commission can be conducted.
32. The Conservation Commission has approved Mr. Thomas McCarthy as the
project supervisor. Any changes or additional persons serving as
supervisors must be approved by the Conservation Commission.
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and to require the submittal of any data deemed necessary for that
evaluation.
20. The Applicant shall notify the Commission, in writing, as to the date that
work will be commencing on the project. Said notification must be
received by the Commission no sooner than ten (10) days and no later than
five (5) days prior to the commencement of the approved activity;
21. The owner of the property described in this Order must advise any
potential buyer of the property that any construction upon or alteration
to said property, including brush clearance, may require action by the
Northampton Conservation Commission and any instrument conveying any or
all of the owner's interest in said property or any portion thereof shall
contain language substantially as follows: "This property may be subject
to the Northampton Wetlands Protection Ordinance, the Wetlands Protection
Act, an Order of Conditions, and/or a Determination of Applicability from
the Northampton Conservation Commission";
22. The contractor is responsible with the applicant and property owner for
any violation and the penalties under the law for such violation. While
all activities regulated by this Order are being performed and during the
construction phase for this project, an on-site foreman, or project
engineer, shall have a copy of this permit at the site, be familiar with
the conditions of this permit, and adhere to such conditions. A copy of
the plans and Order must always be on-site and in all excavating machinery
when work is being performed.
23. All required permits must be obtained from the Planning Board, Zoning
Board, Department of Public Works, and Building Inspector prior to the
start of this project and all permits complied with. Army 404 permits and
Water Quality Certifications must be obtained prior to the start of
projects involving fill within wetlands;
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
approved Order of Conditions and request a Certificate of Compliance.
If checked: [X] YES
Certification shall be by a Professional Engineer or by a Wetlands
Consultant who shall have been approved by the Commission:
25. If checked: [ ] YES
An "As Built" plan shall be included with the project engineer's
certification, detailing the post-development conditions of the site:
26. During construction excavated or excess material must be stored in the
level area shown on plans submitted as the proposed "handicapped parking
area. "
27. At the close of each work day a row of haybales must be installed across
the proposed "boat ramp" at elevations 110 and 112 as shown on plans
approved with this Order of Conditions.
28. A permanent waterbar must be installed at elevation 116 as shown on plans
approved with this Order of conditions.
29. After the completion of grading and seeding, any areas remaining with a
slope of 3:1 or greater must be covered with an erosion control blanket.
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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 246-392 ".
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:
Concept Plan Elwell Dock 8/26/96
Elwell Dock, Northampton, MA 8/26/96
Proposed Cross-Section at Gangway
Commonwealth of Massachusetts, Dept. 5/93
of Environmental Management, Ellwell
State Park Boating Access, L1 & L2
All Plans on File with Northampton Conservation Commission
Special Conditions:
13. All construction areas shall be restored to original condition or better
upon completion of the project, including vegetation;
14. No area within the 100 year floodplain, any wetland, or area within 100
feet of a wetland or 40 feet of a 100 year floodplain, 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.
Sedimentation and erosion control devices shall be placed according to
standards set in U.S.D.A. Soil Conservation Service, "GuidelinesJor Soil
and Water Conservation in Urbanized Areas of Massachusetts".
Placement 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. This Order of Conditions shall apply to any successor in interest or
successor in control;
19. Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
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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 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.
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310CMR 10.99 DEP File No. 246-392
(To be provided by DEP)
Form 5 City/Town Northampton
City of N'hamp.
Applicant Comm. of MA - DEM
Commonwealth Map # 25A Parcel #170
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:
Comm. of MA - Dept. of Env. Management Comm. of MA - DEM, City of N'hamp
Name of property owner Name of Applicant
P.O. Box 484, Amherst, MA 01004 P.O. Box 484, Amherst, MA 01004
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 October 2 5 , 1996 (date)
This project is located in Northampton at Damon Road.
The property is recorded at the Registry of Hampshire County
Book 3510 Page 320
Certificate (if registered) N/A
The Notice of Intent for this project was filed on September 10, 1996.
The public hearing was closed on _September 23, 1996. (date)
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 [ J 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 $0 (exempt) State Share $
(1/2 fee in excess of $25)
City Share $
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
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