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31C-017 (22) Massachusetts Department of En ironmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Fora 5 - Order o Conditions 246-537 � Massachusetts Wetlands Protection'Act M.G.L. c. 131, §40 Provided by DEP 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): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions QTo: Applicant: Property Owner(if different from applicant): Hospital Hill Development, LLC. Name Name retam 1441 Main Street Mailing Address Mailing Address Springfield MA 01103 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Village at Hospital Hill (Northampton State Hospital) Northampton Street Address City/Town 31 C; 38A 17; 86 & 50 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: i Hampshire 6925 302 County Book Page ' j JAN 2 0 2004 Certificate(if registered land) 3. Dates: November 20, 2003 January 8, 2004 January 26, 2004 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): "Notice of Intent, The Village at Hospital Hill in Northampton, MA, Grading/Drainage and Utilities (Sheets 1-5); Notes, References and Legends (Sheet 6); Site Details (Sheet 7)" by Beals and Thomas, Inc. 11/20/2003 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: George Gerard Preble, David LaPointe and John Thomas Name 6. Total Fee: $625.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection L71�1 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order Of Conditions 246-537 Provided by DEP Massachusetts Wetlands Protection''Act M.G.L. c. 131, §40 Be 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 Massachusetts Department of Environmental Protection DEP File Number: Ll� Bureau of Resource Protection - WetlandsWPA Form 5 - Order of Conditions 246-537 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 246-537 " 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 ILAMassachusetts Department of En ironmenta! Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Forma 5 — r 246-537 ® der ®,'f C®radata®Iran Provided by DEP Massachusetts Wetlands Protection'Act M.G.L. c. 131, §40 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. Additional 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 Massachusetts Department of En! ironrnental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 246-537 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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. January 26, 2004 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 mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from app cant). Signatures 6A011q�j On This Twenty-Second Day Of January, 2004 Cc before me personally appeared rJ y the above-named 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. !!nPublic My Cdmmissio6 Expires This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested, on January 26, 2004 Date Date Wpaform5.doc•rev.12/15/00 Page 5 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: PA Form 5 - Order o Conditions 246-537 1Provided 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 o����w Number: Massachusetts Department of Env'ironmental Protection t�UnB@Uof [�esOU[Ce « 246-537WPA Form 5 ~ Order —T - ond^t~ons Provided uyDEP Massachusetts Wetlands Protection Act M.G.L. C. 131. &40 D. Recording Information (cont.) Detach on dotted |ine, have stamped by the Registry ofDeeds and submit to the Conservation Commission. - /o� 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: Countl Book Page nuc Property Owner and has been noted inthe chain oftitle ofthe affected property in: ' Book Page |naccordance with the Order ofConditions issued on: Date |frecorded land, the instrument number identifying this transaction is: Instrument Number If registered |and, the document number identifying this transaction is: Document Number Signature of Applicant wpafo"mndoc-rev.12/15/00 Page rmr "ATTA CIVIENT 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 are as follows: #35, 36, 37, 38, 39 and 40 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. 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. The applicant shall notify the Commission in writing of the name, address and business telephone number of the project supervisor and/or contractor who shall be responsible for ensuring compliance with the conditions in this Order. 27. 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. EROSION AND SEDIMENTATION CONTROL: 28. Areas of construction shall remain in a stable condition at the close of each work/construction day: A. Erosion controls shall be inspected at this time, and after each rainstorm. B. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas. C. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day. D. All erosion controls must be maintained or reinforced to meet specifications in the plans and this order and shall be replaced as necessary. E. 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. 29. If soils are to be disturbed for longer than 30 days, a temporary cover of rye or other grass shall be established, following Natural Resources Conservation Service (NRCS) procedures, to prevent erosion and sedimentation. A. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by straw,jute netting, of other NRCS-approved methods. B. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. 30. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction: A. 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. B. 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". C. 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. D. 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; E. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; F. 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. 31. All exposed subsurface soils shall receive a minimum of 2 inches of loam or topsoil prior to seeding and final stabilization OR All exposed subsurface soils shall receive a minimum of 6 inches of loam or topsoil prior to seeding and final stabilization. VEHICLE ACCESS/STORAGE: 32. No motorized/construction equipment is to enter or cross a wetland resource area at any time, unless the location of entry or disturbance is clearly indicated on plans and within information contained within the Notice of Intent and approved with the issuance of this Order of Conditions. 33. All motorized/construction equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland/resource area and buffer zone. 34. All equipment shall be stored outside of the 100-foot buffer zone at the close of each workday. STORMWATER RUNOFF, POLLUTANT PREVENTION & WATER QUALITY 35. There shall be no sedimentation into wetlands or other water bodies from dischargePiP es or surface ninoff leaving the site. 36. Vegetated portions of BMPs will be reseeded, replanted, and mowed as required. 37. Detention basin forebays shall be inspected by a qualified person two times per year and after significant rainstorms, for slope integrity, soil moisture, vegetation health, soil compaction, ponding and sediment accumulation. Maintenance shall be performed by a qualified person as necessary based on the inspection reports. Sediments and bottom vegetation shall be removed when it is six inches deep. Any silt and debris build-up must be removed from the riprap surface area. The bottom and sides of the forebays shall be mowed once per year, clippings to be removed from the forebays and disposed of properly. A report of inspections and maintenance shall be submitted to the Conservation Commission annually, no later than May 1511' 38. Detention basins shall be inspected once per year by a qualified person, with maintenance by someone qualified based on the inspection reports. Sediments and bottom vegetation shall be removed as necessary, based on the report, and at least once every five years. A report of inspections and maintenance shall be submitted to the Conservation Commission no later than May 15th of each year. 39. Outlet control structures shall be inspected two times per year and after significant rainstorms, by a qualified person, and cleaned and maintained by a qualified person as necessary based on inspections. Any silt and debris build-up must be removed from the riprap surface area. A report of inspections and maintenance shall be submitted to the Conservation Commission no later than May 15th of each year. 40. The streets and parking areas shall be swept four times per year at least once in the fall and once in the spring and receipts sent to the Conservation Commission annually, no later than May 15th POST CONSTRUCTION SUBMITTALS & WORK IN BUFFER ZONE: 41. 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; all wetland replication areas; and all dates of fieldwork.