38B-008 (8) Massachusetts Department of Environ mental Protection
Bureau of Resource Protection - Wetlands EP File Number:
WPA Form 5 — Order of Conditions 6-500
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provi e DEP
A. General Information
Important:
When filling From:
out forms on Northampton
the computer, Conservation Commission —
use only the n .
tab key to This issuance if for(check one):
move your ! ;` i {?
cursor- do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions INSPECTILINS
ab To: Applicant: Property Owner if d' f�F Brent from applicant):
Smith College Physical Plant
Name Name
etum
126 West Street
Mailing Address Mailing Address
Northampton MA 01063
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Smith College Northampton _
Street Address J City/Town
31 A/31 13/31 D } 324/28,9-293/8-11, 20 240
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for-
County Book — Page
Certificate(if registered land)
3. Dates:
June 27, 2002 August 22, ?002 August 29, 2002
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):
"Proposed Irrigation System" Sheet No. 1 of 2 May, 2002
Title Date
"Details" Sheet No. 2 of 2 May, 2002
Title Date
5. Final Plans and Documents Signed and Stamped by:
Thomas Jenkins, P.E.
Name
6. Total Fee:
$626.25
(from Appendix B:Wetland Fee Transmittal Form)
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Massachusetts Department of EnN ironmental Protection
DEP File Number:
Bureau of Resource Protection - We lands
WPA Form 5 - Order ®'Conditions 246-500
1
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 fromthe 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 0 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).
1. Analysis of alternative irrigation systems.'
2. Mitigation for withdrawal such as recharging run-off from impervious surfaces throughout campus.
3. Review of watershed impacts.
4. Response to Natural Heritage & Endangered Species comments to satisfy concerns regarding
. downstream impacts to protected species.
5. Mitigation during periods of drought as designated by the Commonwealth of Massachusetts.
6. Further documentation/clarification of impacts during low-flow periods.
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i
Massachusetts Department of EnN ironmentat Protection
DEP File Number:
Bureau of Resource Protection - We lands
\ WPA Form 5 — Order ® Conditions 246-500
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Findings as to municipal bylaw or ordinance
Furthermore, the Northampton hereby finds (check one that applies).-
Conservation
pplies):Conservation Commission
® that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Northampton _ 24: 1-15
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. * See Below
❑ 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.
* Additional conditions relating to municipal ordinance or bylaw:
Because this plan does not address impacts to species of concern and wetland species, the
Commission orders that no work may cori�mence under the above described Notice of Intent.
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Massachusetts Department of Environmental Protection DEP File Number:
2 Bureau of Resource Protection - Wetlands
�' 246-500
WPA Form 5 - Order of G editions
J 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.
Aust 29, 2002
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 applicant)---�
Signatures:
�. ,
L� /Z
f////
On Twenty-second -Of August, 2002
Day Month and Year
++tteN►tUeUtq,a'.,,
before me personally appeared
The above-named Mason Maronn �l i�4nr 0 s..•��
to me known to be the person described in and who executed the foregoing instrumeht.-AcI,,
acknowledged that he/she executed the same as his/her free acfi and deed. 3 0 • &�
NO
44
Notary Public I My Commission Expires ,� '•
This Order is issued to the applicant as follows:
❑ by hand delivery on X by certified mail, return receipt requested, on
August 29, 2002
Date Date
Date sent to DEP: August 29, 2002
WPA Form 5
Rev.02/00 Page 5 of 7
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
PA Form 5 — Order of Conditions 246-500
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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 for 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
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i
Massachusetts Department of Eng ironmental Protection
Bureau of Resource Protection - We ands DEP File Number:
WPA Form 5 - Order o� Conditions 246-500 _
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:
Northampton _
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Smith College 246-500
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
n: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
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