25C-251 Fairgrounds Redevelopment Order of Conditions - April 5 2010, 2Bk: 10153Pg: 78 Page: 1 of 13
Recorded: 04/21/2010 10:50 AM
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:246-0635
eDEP Transaction #:295840
WPA Form 5 -Order of Conditions City/Town:NORTHAMPTON
t ` Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
4
A. General Information
1. Conservation Connnission NORTHAMPTON
2. Issuance a. F,-, OOC b. F- Amended OOC
3. Applicant Details
a. First Name BRUCE b. Last Name SHALLCROSS
c. Organization CITY OF NORTHAMPTON
d. Mailing Address 210 MAIN STREET
e. City/Town NORTHAMPTON f. State MA g. Zip Code 01060
4. Property Owner
a. First Name BRUCE b. Last Name SHALLCROSS
c. Organization HAMPSHIRE HAMPDEN FRANKLIN AGRICULTURAL SOCIETY
d. Mailing Address 59 FAIR STREET
e. City/Town NORTHAMPTON f. State MA g. Zip Code 01060
5. Project Location
a.Street Address FAIR STREET
b.City/Town NORTHAMPTON c. Zip Code 01060
d. Assessors Map/Plat# 25C-251, 25C-264, 32-001, 32A-249, e. Parcel/Lot#25C-251, 25C-264, 32-001, 32A-249,
32A-251 32A-251
f. Latitude 42.33441N g. Longitude 72.63087W
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book d. Page
HAMPSHIRE 103 54
7.Dates
a. Date NOI Filed: 10/16/2009 b. Date Public Hearing Closed: 4/l/201 0 c. Date Of Issuance: 4/5/2010
8.Final Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
NOTICE OF BERKSHIRE DESIGN
INTENT GROUP October 20, 2009
NOTICE OF BERKSHIRE DESIGN RICHARD KLEIN February 5, 2010 VARIED
INTENT PLANS GROUP
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:246-0635
,'V , WPA Form 5 - Order of Conditions eDEP Transaction #:295840
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Iown:NORTHAMPTON
STORMWATER
DRAINAGE
BERKSHIRE DESIGN MARIC DARNOLD February 5, 2010
REPORT AND
GROUP
APPENDICES
PHASING PLAN
BERKSHIRE DESIGN 3/9/2010
GROUP
STORMWATER
PERMIT PLANS
BERKSHIRE DESIGN MARK DARNOLD 3/18/2010
AND REPORT -
GROUP
PHASE 1
B. Findings
11indings pursuant to the Massachusetts Wetlands Protection Act
N/A
Following the review of the 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:
a. F- Public Water Supply b. r Land Containing Shellfish c. F Prevention of Pollution
d. i- Private Water Supply e. r- Fisheries f. r- Protection of Wildlife Habitat
g. F- Ground Water Supply h. F Storm Damage Prevention i. r Flood Control
2. Commission hereby finds tine project, as proposed, is:
Approved subject to:
a. F- The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
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:
b. F- The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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 interests of the Act, and a final Order of Conditions is issued. A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c. r 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 interests of the
Act, 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).
3 F- Buffer Zone Impacts: Shortest distance between limit of project disturbance and Bank or Bordering
Vegetated Weltand boundary
a. linear feet
Inland Resource Area Impacts: (For Approvals Only):
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:246-0635
1;,.. WPA Form 5 - Order of Conditions eDEP Transaction #:295840
•3
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHAMPTON
X
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. f Bank
a. linear feet b. linear feet c. linear feet
5. 1— Bordering Vegetated Wetland
a. square feet b. square feet c. square feet
6. F- Land under Waterbodies and Waterways
7. ry Bordering Land Subject to Flooding
Cubic Feet Flood Storage
8. r— Isolated Land Subject to Flooding
Cubic Feet Flood Storage
9. r— Riverfront Area
Sq ft within 100 ft
Sq ft between 100-200 ft
e. c/y dredged f. c/y dredged
2135440
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
2135440
a. square feet
b. square feet
C. square feet
0
a. square feet b. square feet
0
C. cubic feet
f. cubic feet
g. cubic feet
a. square feet
b. square feet
c. cubic feet
d. cubic feet
e. cubic feet
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
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b. total sq. feet
a. total sq. feet
c. square feet
d. square feet
e. square feet
g. square feet
h. square feet
i. square feet
d. linear feet
d. square feet
d. square feet
h. cubic feet
f. cubic feet
f. square feet
j. square feet
Coastal Resource Area Impacts:
Resource Area
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. F- Designated Pat Areas
Indicate size Under Land Under the Ocean, below
11. r Land Under the Ocean
a. square feet b. square feet
c. c/y dredged d. c/y dredged
12. F- Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
13. 1 Coastal Beaches
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
14. r— Coastal Dunes
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:246-0635
��..
WPA Form 5 - Order of Conditions eDEP Transaction #:295840
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORT1 fAMPTON
15. r- Banks
16. F- Rocky Intertidal Shores
17. F- Salt Marshes
18.1 Land Under Salt Ponds
19. I— Land Containing Shellfish
20. F- Fish Runs
21. F- Land Subject to Coastal Storm Flowage
a. linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet c. square feet d. square feet
a. square feet h. square feet
c. c/y dredged d. c/y dredged
a. square feet b. square feet c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
c. c/y dredged d. c/y dredged
a. square feet b. square feet
22.
[— Restoration/Enliancernent (For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here.
a. square feet of BVW h. square feet of Salt Marsh
23.
F- Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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.
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
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LVMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:246-0635
-.. WPA Form 5 - Order of Conditions eDEP Transaction #:295840
Massachusetts Wetlands Pr
otection Act M.G.L. c. 131, §40 City/Town:NORTHAMPTONN
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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. 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, refi-igerators, motor vehicles, or parts of
any of the foregoing.
8. 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.
9. 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 the 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..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size hearing the words,
" Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number :"246-0635"
H. 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 Mass DEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form
8A) to the. Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 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.
15. 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.
16. 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.
17. 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.
18. 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
.. WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246-0635
eDEP Transaction #:295840
City/Town:NORTHAMPTON
19. The work associated with this Order(the "Project") is (1) 1v is not (2) F- to the Massachusetts Stormwater Standards.
I F the work is subject to Stormwater Standards, then the project is subject to the following conditions;
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and
best management practices (BMPs) shall remain in place until the site is filly stabilized.
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction
BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is filly stabilized; iii.
any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater
Standard 10; N. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting
plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in
proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-terum pollution
prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes
responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the
issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has
accepted responsibility for maintaining the BMP, and that time proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more
than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stonmmwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs,
maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
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Massachusetts Department of Environmental Protection Provided by MassDEP:
- Bureau of Resource Protection - Wetlands MassDEP rile #:246-0635
e,. WPA Form 5 - Order of Conditions eDEP Transaction #:295840
Massachusetts Wetlands Protection Act M.G.L. c. 131,§§'40 City/Town:NORTHAMPTON
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
ic) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the
MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered
Without the prior written approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
PLEASE SEE ATTACHMENT A
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:246-0635
WPA Form 5 - Order of Conditions eDEP Transaction #:295840
City/Town:NORTHAMPTON
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i • Is a municipal wetlands bylaw or ordinance applicable? r Yes F—. No
2• The Conservation Connnission hereby(check one that applies):
a. F— DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1. Municipal Ordinance or Bylaw 2. 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 or Conditions is issued. Which are necessary to
comply with a municipal ordinance or bylaw:
b.
APPROVES the proposed work, subject to the following
additional conditions.
1. Municipal Ordinance or Bylaw NORTHAMPTON 2. Citation C14APTER 337 OF THE
CODE OF REGULATIONS
3. The Commission orders that all work shall be performed in accordance with the following 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.
The special conditions relating to municipal ordinance or bylaw are as follows:
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 337 ALSO
PLEASE SEE ATTACHMENT A
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Massachusetts Department of Environmental Protection
Provided by MassDEP:
\ .-- Bureau of Resource Protection - Wetlands
MassDEP File #:246-0635
.. WPA Form 5 - Order of Conditions
eDEP Transaction #:295840
Massachusetts Wetlands Protection Act M.G.L. e. 13 1, §40
City/Town:NORTI iAMPTON
E. Signatures
This Order is valid for three years from the date of issuance, unless otherwise specified
ri 5 ':9 L
according to General Condition #4. If this is an Amended Order of Conditions, the Amended
1. ate of Original Order
Order expires on the same date as the original Order of Conditions.
5
Please indicate the number of members who will sign this form. This Order must be signed by
2. Number of Signers
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, if not fling
electronically, and the property owner, if different from applicant.
Signatures:
)Oby hand delivery on
Date
F. Appeals
I- by certified mail, return receipt requested, on
Date
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 MassDEP
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 Request for 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 shal I at the same time be
sent by certified nail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project. Previous participation in the pen -nit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information
to the Departnment prior to issuance of a Superseding Order.
1
The request shal I 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.
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"ATTACHMENT A"
20. Prior to the initiation of any work, the applicant/owner shall submit a letter of
understanding to the Conunission stating that he/she has received, read, understands and
shall comply with these Orders. The applicant, and, his or her contractor, foreman and/or
construction manager shall sign the letter of understanding.
21. Prior to the initiation of any work, the applicant shall submit to the Commission a
sequencing plan for construction, and erosion and sedimentation control installation.
22. 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
Conunission, in order to ensure that the requirements of this Order are iuiderstood by all
parties. Prior to the pre -construction meeting, all erosion control devices must be
installed.
23. All required permits must be obtained from federal, state and municipal agencies and
departments prior to the start of any project.
24. 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.
25. All revised plans, referenced within this Order of Conditions, shall be approved by the
Conservation Commission and incorporated into the permit by reference and shall be
followed during the course of constriction.
26. The areas of construction shall remain in a stable condition at the close of each
constriction day. Erosion control measures shall be inspected at this time, and
maintained or reinforced as necessary. All such devices shall be inspected, cleaned or
replaced during construction and shall remain in place until such time as stabilization of
all areas that may impact resource areas is permanent. These devices shall also be
inspected to assure that the maximum control has been provided. Any entrapped silt shall
be removed to an area outside the buffer zone and resource areas, and maintained or
reinforced as necessary. Erosion controls shall be inspected after every rainfall to assure
that maximum control has been provided.
27. An adequate stockpile of erosion control materials shall be on site at all times for
emergency or routine replacement and shall include materials to repair or replace silt
fences, straw bales, erosion control blankets, riprap, filter belins or other devices plamled
for use during construction.
28. Soils exposed for periods greater than two months shall be stabilized with erosion control
blankets and netting, a covering of straw mulch, or a temporary cover of rye or other
grass to prevent erosion and sedimentation. Drainage ditches shall be stabilized and
seeded with a native peremzial grass mixture. Any stabilization materials such as jute
netting shall be firmly anchored to prevent them from being washed from slopes by rain
or flooding. Preference should be given to biodegradable materials.
29. All disturbed areas shall be graded, loamed and seeded, or stabilized with erosion control
blankets or netting, and a covering of straw mulch prior to November 30, of each year.
No disturbed areas or stockpiled materials will be left unprotected or without erosion
control after this date.
30. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 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 337
31. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows: 45, 47, 48, 49, 52
32. 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; and all dates of fieldwork.
33. 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.
34. Where there are any differences between this Order and any previously issued Orders,
this Order shall govern.
35. Prior to obtaining a building permit, and prior to constriction of any building in the
floodplain, a FEMA elevation certificate shall be filed with the Conservation
Conunission.
36. Prior to the request for a Certificate of Compliance, issuance of a Certificate of
Occupancy, or utilization of any building in the floodplain, a final FEMA elevation
certificate shall be filed with the Conunission.
37. Prior to the start of any constriction work, a registered professional engineer report on
each proposed stoiniwater BMP shall be submitted to the Conservation Commission that
details how each meets the Special Features, Design Consideration, Site Criteria and
Maintenance Criteria specified within the Massachusetts Stormwater Handbook.
3 S. Prior to construction of any underground infiltration structures, the applicant must
register the stntctures with the MassDEP Underground Injection Control Program, or
provide documentation that no registration is required.
39. No building may be built, nor any building permit obtained, until the applicant
documents with a letter signed and stamped by a professional engineer, that approved
demolition necessary to address all compensatory storage requirements (including
documentation of foot -for -foot compensatory storage requirements) have been met to
match the proposed building.
40. Prior to land disturbance described in any project please, the applicant shall submit a copy
of the approved phase -specific SWPPP to the Conservation Commission.
41. Prior to land disturbance described in any project phase, a stonnwater permit must be
obtained from the Northampton DPW for that phase.
42. Prior to land disturbance in subsequent phases, an as -built plan, stamped by a registered
professional engineer, shall be submitted to the Conservation Commission for the
completed phase. The plan shall be accompanied by a description of any ways that the
completed phase differs from the plans referenced in the Order.
43. This Order is for the entire project as described in the Notice and referenced plans.
However, no work can take place other than horse barn demolition, construction of new
barns and related drainage improvements described for Phase 1 in the Notice of Intent
and referenced plans, until an Order of Conditions permitting offsite drainage
improvements has been issued by the Northampton Conservation Commission;
44. This Order is valid for a period of five years from the date of issuance, to allow the
applicant to build up a compensatory flood storage mitigation bank. Excess flood storage
capacity may be applied anywhere in the same reach of the River, within Northampton.
45. The Vortex catchbasin at the proposed parking lot shall be cleaned in accordance with
manufacturer protocol. Cleaning plans shall be included in the O&M plan for Phase 2.
46. Roof runoff from horsebarns shall be designed to flow directly into the drainage system,
to prevent accumulation of sediment and pollution from above -ground flow.
47. Manure piles shall be removed within two days of the end of shows and events.
Perforated drain covers in manure collection areas shall be replaced with solid covers
while manure is being removed. This shall be noted in the O&M plan for Phase 1, and
any subsequent phases in which manure collection areas are plamied.
48. All paved parking areas shall be swept at least twice annually, once as soon as possible
after snowmelt, and once in late autumn. Sweepings shall be disposed of in accordance
with industry best practices. The Conservation Commission shall be notified by email
when sweeping occurs. If the Commission does not receive notification within 1 week
following sweeping, the sweeping is not valid for the purposes of this Order. Sweeping
shall be noted in the O&M plan for Phase 2.
49. De-icing agents on the site are limited to calcium magnesium acetate, potassium acetate,
or other de-icing agents for which the applicant provides evidence to the Conunission
that are at least as few adverse effects, subject to Commission approval.
50. Prior to beginning work on the project, the applicant shall grade the northwest comer of
the site as necessary to direct standing water away fiom adjacent properties.
51. Snow storage shall be provided on-site so as to direct snowmelt into the onsite
stormwater management system, and shall be addressed in the O&M plans for all phases.
52. The Commission shall be provided with copies of all maintenance reports required by
stormwater permits.
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