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25-015 (21) 10K KfbRr- 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued Issued by the Northampton Conservation Commission Signature(s) X2 This er must be signed by a majority of the Conservation Commission. 7th December 98 On this day of 19 ,before me personally Mason Maronn 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. L'a deg!� - - 'I /Zt �O j Notary Public My Commission Expir 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 nervation Commission prior to commencement of work. ......................................................................................................................................................................................................... To Northampton Conservation Commission 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 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/l/94 310 CMR - 423 423 27. 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 Professional Engineer. When requesting the Certificate of Compliance, the applicant shall provide spot grades and a certification that excavated material was moved out of the flood plain as required. 6 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 accordance 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. 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: (None). 24. Erosion and sediment control shall be as shown on plan entitled, "Detailed Site Plan, Northampton Airport, Located in Northampton, Massachusetts,"prepared by Almer Huntley, Jr. &Associates, Inc., dated February 3, 1998. 25. All excavated material must be removed to an area outside of the flood plain. PRE-CONSTRUCTION REQUIREMENTS: 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. POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE: 5 by Almer Huntley, Jr. &Associates. Inc., Sheet 4 of 4. 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. 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 4 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 246-436 ." 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: "Overall Site Plan,Northampton Airport, 11/11/98 David L. Loring, P.E. Located in Northampton,MA,"Prepared by Almer Huntley, Jr. &Associates, Inc., Sheet 2 of 4. "Detailed Site Plan,Northampton Airport, 02/03/98 David L. Loring, P.E. Located in Northampton,MA,"Prepared by Almer Huntley, Jr. &Associates, Inc.: Sheet 3 of 4. "Construction Details,Northampton Airport,02/03/98 David L. Loring, P.E. Located in Northampton, MA,"Prepared 3 111 ! 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 2 9 ! � y 310CMR 10.99 ' 1 DEP File No. 246-436 (To be provided by DEP) Form 5 City/Town Northampton Applicant Northampton Airport,Inc. Commonwealth Map#25;26 Parcel#71 1 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: Northampton Airport,Inc. Northampton Airport,Inc. Name of property owner Name of Applicant Old Ferry Road,Northampton,MA 01060 Old Ferry Road,Northampton,MA 01060 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 16, 1998. This project is located in Northampton at the Northampton Airport on Old Ferry Road. The property is recorded at the Registry of Hampshire County Book 2386 Page 155 Certificate(if registered) N/A The Notice of Intent for this project was filed on November 12, 1998. The public hearing was closed on December 7, 1998. 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 [] Storm damage prevention []Fisheries [] Ground water supply []Prevention of pollution []Protection of Wildlife Habitat Total Filing Fee Submitted$525.00 State Share$275.00 City Share$250.00 ('/z fee in excess of$25) Total Refund Due$ City Portion$ State Portion$ (1/2 total) (1/2 total) 1