06-048 Massachusetts Department of Environmental Protection File Numoer.
, *c(j Bureau of Resource Protection - Wetlands 246-507
WPA Form 5 — Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From. n
out forms on ntuiL M
Northampton
the computer, Conservation Commission use only the 11`
tab key to This issuance if for(check one): Iw J 7 \ 2202
move your .
cursor-do ® Order of Conditions
not use the Orr^(° '.:1"'S INSDEGnONs
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
The Brook Club, Inc.
/dba Beaver Brook Golf Course Name - --
Name
P.O. Box 154
Mailing Address Mailing Address
Haydenville _ MA 01039
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Northampton
r' r ,Z14F,- Ci /Town
J:
g
2. Property recorded at the Registry of Deeds for:
Hampshire 2136 123
County Book Page
Certificate(if registered land)
3. Dates:
April 29, 2002 June 27, 2002 _ July 22, 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):
"Map 1"provided by the applicant and submitted with the application _ April 29, 2002
Title Date
5. Final Plans and Documents Signed and Stamped by:
N/A
Name
6. Total Fee:
$207.50
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5
Paae1
Rev.02100 of
Massachusetts Department of Environmental Protection DEP File Number:
pBureau of Resource Protection - Wetlands 246-507
t WPA Form 5 - Order of Conditions Provided byDEP
\\ �J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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:
I Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution
❑ Private Water Supply ❑ Fisheries Z Protection of Wildlife Habitat
® Groundwater Supply ❑ Storm Damage Prevention P1 Flood Control
Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following. boxes)
Approved subject to:
N the following conditions which are necessary,in accordance with the perfomance 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:
n 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)
I. Failure to comply with all conditions stated herein, and with ail related statutes and other regulatory
measures, shall be deemed cause to revoke or modity 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.
WPA F rm Page zcr)
Rev.evco
Massachusetts Department of Environmental Protection DEP File Number
t3 Bureau of Resource Protection -Wetlands 246-507
WPA Form 5 - Order of ConditionsProvided by DEP
rC 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 arid 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'7
"File Number 246-507 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shah 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.
'NPA corm 5 Page 3 N 7
Rev OP/OO
iMassachusetts Department of Environmental Protection DEP File Number:
p Bureau of Resource Protection -Wetlands 246-507
rWPA Form 5 - Order of Conditions 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.
Special Conditions (use additional paper, if necessary):
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:
Name Municipal Ordinance or Bylaw
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:
Name Municipal Ordinance or Bylaw
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 or000sals submitted with the Notice of Intent.
WPA Perm 5
Faye 4 of
Rev.02100
Massachusetts Department of Environmental Protection DEP Re Number
. Bureau of Resource Protection - Wetlands 246-507
L \t i
� -; 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.
July 22, 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
(n
PPr
On Twenty-seventh Of June, 2002 _
Day Month and Year - - -
before me personally appeared ‘,00r
the above-named/Mason Maronn CP\SCH v;a.
to me known to be the person described in and who executed the foregoing inV ' 44•0,%**.
to
acknowledgednthat he/she�e�xec�executed the same as his/her free act and deed. J
LLGWr`4x
LS-3-611A LA ::_lL_� 4IH d '+ Ar4y:
Notary Public My Cbmmission Expires V
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑X by certified mail, return receipt requested, on
July 22, 2002
Date -- Date
Date sent to DEP: July 22, 2002
WPAEv,,,s
Rev.M/00 Page5el7
DEP Fre Number:
Massachusetts Department of Environmental Protection
1%x: `'� Bureau of Resource Protection - Wetlands 246-507
Up WPA Form 5 - Order of Conditions 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
WPAForm.5
Rev.02/00 Page 6 GI
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection - Wetlands
�l 246-507
L
/, I WPA Form 5 - Order of Conditions Provided by DEP
`\ III Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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:
Haydenville Road 246-507
Project Location _ - --
1 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 Appllran:
*PA Fomes
Rev 02/00 Page 7 of
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 o0
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:
30
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.
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
are as follows:
# 30
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.
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.
WETLAND REPLICATION:
26. A report of the success of re-vegetation activities shall he submitted to the Conservation
Commission, by a qualified wetlands scientist on the following schedule:
By: September 2002
By: May 2003
By: September 2003
By: May 2004
By: September 2004
27. If more than 50%wetland vegetation has not been established atter one &owing season
(1 year), then additional plantings and/or changes to the wetland restoration plan shall be
submitted to the Conservation Commission for consideration and approval.
28. If more than 75% wetland vegetation has not been established after two growing seasons
(2 years), then additional plantings and/or changes to wetland restoration plan shall be
submitted to the Commission for consideration and approval.
29. At the time of requesting a Certificate of Compliance, the applicant must submit a
"Summary Report"by a qualified individual (wetland scientist or biologist), of work
completed on the site, actions taken during the replication and the rate of success of
wetland replication.
30. No additional wetland areas shall be allowed to be filled or altered on this property
without the approval of the Commission, now or in the future. A deed restriction stating
this shall be incorporated into all deeds and future divisions of this site.
ADDITIONAL CONDITIONS:
31. At least, 17,250 square feet of area shall be replanted in the following way:
A) At least 14 trees of 2 hi"caliper shall be planted 25'on center and shall include
a combination of River Birch, Silver Maple,Pin Oak and/or Cottonwood. Upon
planting of trees, protective wire mesh sleeves shall be skirted around the trees to
prevent beaver damage.
B)Ten groupings consisting of 3-5 shrubs in each group shall be planted in such a way
that within each group, the shrubs shall be spaced 5`on center and each group of
shrubs shall be located 15' apart. Selected shrubs shall include Winterbeny,Pussy
Willow, High Brush Blueberry, and Swamp Azalea. The shrubs shall be planted with
hand tools set at a minimum of 10' from the edge of the brook.
32. If the trees and shrubs may not be obtained and planted by September, 2002, then wetland
grass seed mix shall be planted this season to compete with potential invasives that may
begin to take hold.
33. If the applicant believes that the planting plan is not appropriate, then the applicant may
submit an alternative plan for consideration by the Commission, A cern tied wetland
scientist or expert in wetland soils and plants must design this plan and only after such
person has evaluated the site.
34. Mowing may only take place outside the 100' buffer of Beaver Brook and the wetlands.