18-012 35. Applicant shall not dig, remove or transfer any soil from the primary settling basin. Existing
phragmites shall be cut by hand and covered with fabric and topsoil.
POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE:
36. 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. Certification shall be by a Professional Engineer or by a Wetlands
Consultant who shall have been approved by the Commission.
37. 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.
38. 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; all wetland replication areas; and all dates of fieldwork.
39. Permanent markers shall be installed at the edge of the woods and spaced no more than 20
feet apart. A plan showing the location of the markers shall be submitted to the Conservation
Commission prior to requesting a Certificate of Compliance.
40. Erosion controls shall remain in place until all disturbed soils are stabilized with a vegetative
cover and removal is authorized by the Commission or its agent.
41. Erosion control seed mix shall be planted on the side slopes of the decommissioned settling
basin.
42. The side slope of the decommissioned settling basin and the old basin area to the east may be
mowed once annually.
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 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.
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
27. Applicant shall use an armored silt fence with straw bales behind the silt fence, two stakes
per bale, along the entire length of the driveway.
28. Erosion control barrier shall serve as the limit of work line.
29. 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.
30. 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.
31. 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 (MRCS) procedures,
to prevent erosion and sedimentation.
32. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by
straw,jute netting, or other NRCS-approved methods.
33. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from
being washed from slopes by rain or flooding.
34. All exposed subsurface soils shall receive a minimum of 6 inches of loam or topsoil prior to
seeding and final stabilization.
"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: #39, #42
24. 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.
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 246-531
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Information (cont.)
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
Wpaform5.doc•rev.12/15/00 Page 7 of 7
Massachusetts Department of Environmental Protection
- DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 246-531
Ll Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. 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 Appendix E: 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.
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.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
Conservation Commission
Wpaform5.doc•rev.12/15/00 Page 6 of 7
LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
October 9, 2003
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be ma*d/-or
hand delivered at the same time to the appropriate Department of Environmental Protection-Re l naV
Office (see Appendix A) an e property owner(if different from applic nt). ✓
Sig tures
("(/iiw�
dd VV
On this 9th day Of October, 2003
Day Month and Year
before me personally appeared S "N`t utillf 4
O•
the above-named
to me known to be the person described in and who executed the foregoing instrument v 'n
acknowledged that he/she executed the same as his/her free act and deed.
gNo Public My Commission Exp res p�fill1$lots
This Order is issued to the applicant as follows:
9, by hand delivery on by certified mail, return receipt requested, on
ZI Oc; o bo\— :O
Date Date
Wpaform5.doc•rev.12/15/00 Page 5 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
` Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 246-531
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
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.
Special Conditions See"Attachment A"
Findings as to municipal bylaw or ordinance
Furthermore, the hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw 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.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
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.
Wpaform5.doc•rev.12/15/00 Page 4 of 7
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 246-531
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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 246-531 "
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.
Wpaform5.doc•rev.12/15/00 Page 3 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 246-531
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings
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:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
Wpaform5.doc•rev.12/15/00 Page 2 of 7
r
Massachusetts Department of Environmental Protection
` Bureau of Resource Protection - Wetlands DE4Kf umber:
WPA Form 5 - Order of Conditions 246-531
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on Northampton
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one): �i,r nj
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
r� To: Applicant: Property Owner(if different from applicant):
IL Lane Construction Company
Name Name
ietum
P.O. Box 491
Mailing Address Mailing Address
Westfield MA 01086
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
DamoK Road's Northampton
treet Address City/Town
Map/Plat Nilriber Pa `r
2. Property recorded at the Registry of Deeds for:
Hampshire 1417 _ 96
County Book Page
Certificate(if registered land)
3. Dates:
August 22, 2003 September 25, 2003 October 20, 2003
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
"Decommissioning Plan, Northampton Facility" by Baystate Environmental April 2003
Consultants, Inc., revised 8/15/03 and 9/10/03 Date
Title Date
Title Date
5. Final Plans and Documents Signed and Stamped by:
Name
6. Total Fee:
$375.00
(from Appendix B:Wetland Fee Transmittal Form)
Wpaform5.doc•rev.12/15/00 Page 1 of 7