18D-053 80 Damon Rd Wetlands Order of Conditions River Run Condos Infrastructure April 2009.HAMPSHI E
REGISTRY :OFDEEDS
DOCUMENT
COVER SHEET
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PROPERTY ADDRESS: .b PAMOAI 449
„DOCUMENT TYPE: p(.Deg. CcOgn0A/S
:NAME .REFERENCE: SI+Q 4( dpigcOvJ cJ 4SSIC MAAM
11 1111 11 1 II 111111
2009 00014781
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Recorded: 06/26/2009 10:40 AM
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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
A. General Information
1. From:
Northampton
Conservation Commission
2. This issuance is for (check one): a. Order of Conditions
3. To: Applicant:
Stephen Henderson
a. First Name b. Last Name
Classic Management
c. Organization
15 Benton Drive
d. Mailing Address
East Longmeadow MA 01028
e. City /Town f. State g. Zip Code
4. Property Owner (if different from applicant):
a. First Name b. Last Name
River Run Condominium Trust
c. Organization
80 Damon Road #1
d. Mailing Address
Northampton MA 01060
e. City/Town f. State g. Zip Code
5. Project Location:
80 Damon Road (River Run Condominiums) Northampton
a. Street Address b. City/Town
Map 18D Lot 053
c. Assessors Map /Plat Number
Latitude and Longitude, if known:
Hampshire
a. County
2701
c. Book
7. Dates:
6. Property recorded at the Registry of Deeds for ;(attach additional information if more than one parcel):
April 17, 2009 1"-=50'
d. Final Revision Date e. Scale
d. Parcel /Lot Number
42 20 25
e. Latitude
246 -630
b. Amended Order of Conditions
-72 38 3.92
f. Longitude
b. Certificate Number (if registered land)
258
d. Page
April 17, 2009 May 14, 2009 May 28, 2009
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
f. Additional Plan or Document Title g. Date
b. Prepared By c. Signed and Stamped by
MassDEP File Number:
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
River Run Condominiums Proposed Infrastructure Improvements Notice of Intent Plan
a. Plan Title
Stantec Consulting Services, Inc. DCR
wpaform5.doc rev. 2/27/08 Page 1 of 10
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
B. Findings
1. 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:
a. Public Water Supply
d. Private Water Supply e. Fisheries
g. Groundwater Supply h. Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. the following conditions which are necessary'ih 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;lntent referented'abbVe; the following General Conditions, and any
other special conditions attached to this,Order.iT:o 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. 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 these interests, 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. 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 n 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 asper:310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all tlat:applybelow Approvals Only)
3. Buffer Zone Impacts: Shortest distance` between limit of project disturbance and
wetland boundary (if available)
Proposed, Permitted Proposed
Alteration Alteration Replacement
Resource Area
4. Bank
5. Bordering Vegetated
Wetland
6. Land Under Waterbodies
and Waterways
b. Land Containing Shellfish c. Prevention of Pollution
a. linear feet
a. square ;feet
a. square feet
b. linear feet c. linear feet
e. c/y dredged f..c /y dredged
246 -630
f. Protection of Wildlife
Habitat
.square feet c. square feet
b. square feet c. square feet
MassDEP File Number:
a. linear feet
Permitted
Replacement
d. linear feet
d. square feet
d. square feet
wpaform5.doc rev. 2/27/08 Page 2 of 10
B. Findings (cont.)
Resource Area
7. Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
8. Isolated Land Subject
to Flooding
12.
13.
14.
15.
16.
17.
18.
Cubic Feet Flood Storage
9. Riverfront area
Sq ft within 1.00 ft
Sq ft between 100 -200 ft
Coastal Resource Area Impacts:
10. Designated Port Areas
11. Land Under the Ocean
Barrier Beaches
Coastal Beaches
Coastal Dunes
Coastal Banks
Rocky Intertidal Shores
Salt Marshes
Land Under Salt Ponds
19. Land Containing
Shellfish
20. Fish Runs
21. Land Subject to Coastal
Proposed`
Alteration
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
Form 5 Order ofCon,ditons
Massachusetts Wetlands Protection ActM:G;.L. c.'131, §40
Permitted
Alteration
a. square feet b. square feet
e. cubic feet f. cubic feet
a. square feet b. square feet
c. cubic feet d. cubic feet
42,800. 4
a. total sq. feet `bj total sq. feet
5,800 .5,800
c. squarefeei
37, 000
g. square feet•` h. square feet
a. square feet
a. linear feet
d:s feet
37,000
Check all that apply below. (For Approvals Only)
Indicate `size under Land Under the Ocean, below
b. square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and /or Coastal Dunes below
a. square feet b. square feet
a. square: feet;: b: square feet
16: linear feet
a. squarefeet s.' b. square feet
a. square: feet b. square feet
a. square.feet b. square feet
c. c/y dredged. d. c/y dredged
a. square feet b. square feet
a. c/y dredged b. c/y dredged
MassDEP File Number:
246 -630
Proposed Permitted
Replacement Replacement
c. square feet d. square feet
g. cubic feet h. cubic feet
e. cubic feet f. cubic feet
e. square feet f. square feet
i. square feet j. square feet
c. c/y nourishmt. d. c/y nourishmt.
c. c/y nourishmt. d. c/y nourishmt.
c. square feet d. 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
Storm Flowage a. square feet b. square feet
wpaform5.doc rev. 2/27/08 Page 3 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetl'ands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M G.Lc. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(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 prbjeet`as'provided for in the Act; or
b. the time for completion has been extended toga 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' O"rder'.
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 Otte owner of the land upon which the proposed work is to
be done. In the case of the registered land, theFinal 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 Regitry.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, "MassDEP
"File Number
MassDEP File Number:
246 -630
wpaform5.doc rev. 2/27/08 Page 4 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act MGL:'c. 131, §40
MassDEP File Number:
246 -630
C. General. Conditions Under Massachusetts. Wetlands Protection Act
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 MassDEP.
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.
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 per 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 wetlandboundary 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.sediiments 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:
18. The work associated with this Order is (1) Dis not (2) subject to the Massachusetts
Stormwater Policy Standards. If the work is subject to the Stormwater Policy, the following
conditions apply to this work and are incorporated into this Order:
a) No work, including site preparation, land diturbance,` construction and redevelopment, shall
commence unless and until the construction period., pollution prevention and erosion and
sedimentation control plan required by Stormwater .Standard 8 is approved in writing by the issuing
authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution
control measures and best management practices(BMPs) shall be implemented in accordance with
the construction period pollution prevention and;,erosion and sedimentation control plan, and if
applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System
Construction General Permit.
wpaform5.doc rev. 2/27/08 Page 5 of 10
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
MassDEP File Number:
246 -630
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post- construction stormwater BMPs until written
approval is received from the issuing authority:- To request written approval, the following must be
submitted: illicit discharge compliance statement required by Stormwater Standard 10 and as -built
plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all
construction period stormwater BMPs and any illicit discharges to the stormwater management system
have been removed; and all post construction stormwater BMPs were installed in accordance with the
plans (including all planting plans) approved by the issuing authority, and have been inspected to
ensure they are not damaged and will function properly.
c) Prior to requesting a Certificate of Compliance, the responsible party (defined in General
Condition 18(e)) shall submit to the issuing authority an Operation and Maintenance (0 M)
Compliance Statement for the Stormwater BMPs:..This Statement shall identify the responsible party
for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible
parties shall be notified in writing of thei(continuing legal responsibility to operate and maintain the
stormwater management BMPs and imp.lemerif the P on Prevention Plan; and 2. The Operation
and Maintenance Plan for the stormwate(BMPs is and will be implemented upon receipt of
the Certificate."
d) Post construction pollution prevention and source control shall be implemented in accordance with
the long -term pollution prevention plan section :of the Stormwater Report and, if applicable,
the Stormwater Pollution Prevention Plan required by the National Discharge Elimination System
Multi- Sector General Permit.
e) Unless and until another party accepts responsibility; the issuing authority shall presume that the
responsible party for maintaining each BMP is the landowner of the property on which the BMP is
located. To overcome this presumption, the landowner of the property must submit to the issuing
authority a legally binding agreement acceptable to the.iissuing authority evidencing that another entity
has accepted responsibility for maintaining the ^BMP and that the proposed responsible party shall be
treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through
18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the
requirements of Conditions 18(f) through 18(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
stormwater 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.
f) The responsible party shall operate and maintain all. stormwater BMPs in accordance with the
design plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and
the Massachusetts Stormwater Handbook
g) The responsible party shall; °i..ii'Et;�s
1. Maintain an operation and maintenance log for the last three years including inspections,
repairs, replacement and disposal (for,disposal the log shall indicate the type of material and
the disposal location);
2. Make this log available to MassDEP and =the Conservation Commission upon request; and
3. Allow members and agents of the :Ma.ssDEP =and the Conservation Commission to enter and
inspect the premises to evaluate and ensure that the responsible party complies with the
Operation and Maintenance requirements for each BMP set forth in the Operations and
Maintenance Plan approved by the issuing authority.
h) All sediments or other contaminants remove 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 manag`ement system as defined in 310 CMR 10.04 are
prohibited.
wpaform5.doc rev. 2/27/08 Page 6 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Ac: M G.'L. c. 131, §40
C. General Conditions Under Massachusetts: Wetlands Protection Act (cont.)
j) The stormwater management system °approved in the Final Order of Conditions shall not be
changed without the prior written approval'of the issuing authority. Areas designated as qualifying
pervious areas for purpose of the Low Impact Site•Design Credit shall not be altered without the prior
written approval of the issuing authority.
k) Access for maintenance of stormwater:BMPs; shall not be obstructed or blocked. Any fencing
constructed around stormwater BMPs shall: include:a ccess gates. Fence(s) shall be at least six inches
above grade to allow for wildlife passage:
Special Conditions (if you need more space for additional conditions, please attach a text document):
See "Attachment A"
D. Findings Under Municipal Wetlands. Bylaw or Ordinance
Is a municipal wetlands bylaw or ordinance applicable? Yes No
2. The Northampton hereby finds (check one that applies):
Conservation Commission
a. that the proposed work cannot be;conditioned..to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1. 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.
b. that the following additional conditions. are;.necessary to comply with a municipal ordinance or
bylaw:
Northampton Wetlands Ordinance
1. Municipal Ordinance or Bylaw
Chapter 337 of the
Code of Ordinances
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`e*tent 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 (if you need more space
for additional conditions, attach a text document):
See "Attachment A"
MassDEP File Number:
246 -630
2. Citation
wpaform5.doc rev. 2/27/08 Page 7 of 10
wpaform5.doc rev. 2/27/08
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
E. Issuance
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
Please indicate the number of members who will' sign this form:
This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers
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 filing ..electronically, and the property owner, if different
from applicant.
Signatur
Notary Acknowledgement
Commonwealth of Massachusetts County o
8
On this Day
Before me, the undersigned Notary Public,
personally appeared
proved to me through satisfactory evidence of identification, which was /were
Teesanl, kZ e6
Description of evidence of identification
to be the person whose name is signed on, thq preceding or attached document, and acknowledged to
me that he /she signed it voluntarily for 'ts_ stated purpose.
As member of \11 I I 1
NN. YO
SiOn
20; 4..
U
Date
U
o qR
0,\>•'. x ti
v 4.
0 MQ
1 1 11
by hand delivery on
City /Town;
Place notary seal and /or any stamp above
This Order is issued to the applicant as follows:
Month
84A/ titke—
aite•of Document Signer
Printed Name of Notary Public
g,L 17 X1.3
M ommission xpires (Date)
IM "(1'1
D ate
MassDEP File Number:
2'{19 -630
9 2d�
1. Dat of Issuance
1. Dat of Issuance
s
Conservation Commission
41110
Signature 1 •,'I
IN by certified mail, return receipt requested, on
Page 8 of 10
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
F. 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 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 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. 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 permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
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 theinterests 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.
Section G, Recording Information' is available on the following page.
MassDEP File Number:
246 -630
wpaform5.doc rev. 2/27/08 Page 9 of 10
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
G. 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
this page shall be submitted to the Conservation Commission listed below.
To:
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
Conservation Commission
Please be advised that the Order of Conditions for. the Project at:
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:_.
for:
County
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Book Page
MassDEP File Number:
246 -630
wpaform5.doc rev. 2/27/08 Page 10 of 10
"ATTACHMENT A"
19. Prior to the initiation of any work, the applicant /owner shall submit a letter of
understanding to the Commission stating that he /she has received, read, understands and
shall comply with these Orders. The applicant, aiid, his or her contractor, foreman and /or
construction Manager shall sign the letter of understanding.
20. 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.
21. 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.
22. All required permits must be obtained from the applicable federal, state and municipal
agencies and departments prior to the start,of y
23. A copy of this Order and associated plans; .shall remain on site during all construction
and /or building activities. The project manager, operators shall be
familiar with the approved plans, and shall be inforiiied of their location on the site.
This location shall be accessible to all c,oltracto whenever work is occurring on
site.
24. 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.
25. The areas of construction shall remain in a stable condition at the close of each
construction 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 renualil,ln until such time as stabilization of
all areas that may impact resource areas is pervi a eat:., These devices shall also be
inspected assure that the maximum control has been provided. Any entrapped silt shall
be removed to an area outside the buffer, zoi e,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,.
26. An adequate stockpile of erosion control materials shall be on site at all times for
emergency or routine replacement and shall hclucle materials to repair or replace silt
fences, straw bales, erosion control blankets, filter beans or other devices planned
for use during construction.
27. Soils exposed for periods greater than two iiioinths 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 0. native perennial grass mixture. Any stabilization materials such as jute
netting shall be firmly anchored to prevent then from being washed from slopes by rain
or flooding. Preference should be given` to biodegradable materials.
28. All disturbed areas shall be graded, loaned 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.
29. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40
feet of the 100 -year floodplain elevation; any.wetlarid; or any area within 100 -feet of a
wetland, unless such areas are specifically approvedby:the Commission, in accordance
with 310 CMR 10.00, and City of Northaiiptoii'Odiiances.
30. Ongoing conditions that shall not expire wit11 tie,issiiance of a Certificate of Compliance
are as follows: #33
31. 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.
32. The owner of the property described in this <Order,.iiiust advise any potential buyer of the
property that any construction or alteration to p1operty, including brush cutting or
clearance, may require approval by the Noi;tha npton ;C onservation 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 Ordinance and /or
the Massachusetts Wetlands Protection Act. Any construction or major
maintenance work performed on this property requires an Order of
Conditions, and /or a Determination of Applicability from the Northampton
Conservation Commission.
33. The deep sump catch basins shall be cleaned; as, necessary and the stonmwater system
shall be inspected a ininimum of three time,s,.per,year•:, An annual report of cleanings and
inspections shall be submitted to the Nortliathj top. Conservation Commission by October
1 of each year.
34. DMH -1 and any other drainage system node that captures surface water shall include a
deep sump catch basin or a comparable stormwater pretreatment device.
,i 'r HAMPSHIRE,
MARIANNE L: DONOR
GISTER
--~
~~
NOTICE OF INTENT
~~ River Run Condominiums
Infrastructure Improvements Project
Classic Management
~J
~~ Northampton, Massachusetts
`-' Stantec Consulting Services Inc.
136 West Street Suite 203
f ~ Northampton MA 01060
' ~ ,
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;~~ Stantec
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Stantec
~~
April 17, 2009
File: 195111040
n
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~!~
Stantec Consulting Services Inc.
136 West Street Suite 203.
Northampton MA 010603711
Tel: (413) 584-4776
Fez: (413) 584-3157
City of Northampton
r--, City Hall Annex -Office of Planning and Development
Iul 210 Main Street
Northampton, MA 01040
n .Attention: Northampton Conservation Commission
LJ Dear Commissioners:
C I Reference: River Run Condominiums Infrastructure Improvements
J Northampton, Massachusetts
Enclosed please find nine (9) hardcopies of a Notice of Intent for infrastructure improvements at the River
Run Condominiums development.located off of Damon Road in Northampton, Massachusetts. Project work
i will occur within previously developed riverfront area and the 100-foot buffer zone. A copy of the abutter
notification documentation (including the abutter's list and affidavit of service) is included in the NOI.
Please review, the enclosed materials and contact our office with any questions.
Sincerely,
u STANTEC CONSULTING SERVICES INC.
~l c
Nicole Sanford ,
Sr. Environmental Scientist
r~ Tel: (413) 584-4776
U Fax: (413) 584-3157
nicole.sanford@stantec.com
LJ Attachment: Notice of Intent ~
LJ c. .Stephen Henderson, Classic Management
River Run Condominium Trust
J DEP Western Region -Wetlands Division
Stantec
~LJ
~-~
;J
,__~
I ~- :~~ r_
` Massachusetts Departmen# of Environmental Protection
~/- -Bureau of Resource Protection -Wetlands
~~~ WPA Form 3 -Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
~.:., ,::
Important:
When filling out
1 forms on the
computer, use
only the tab key
to move your
cursor - do not
~_ use the return
key.
rat
•~
'~I
rz ~„
L~ .
Note:
Before
~~ completing this
form consult
your local
j~ Conservation
I
L Commission
1
LL regarding any
municipal bylaw
r-~ or ordinance_
A. General Information
Providedby h1 .^^ULI':
MassDEP Fil~ CJuult,ur
Document Tid ~~a.,t~on f~lumber
Northampton
City/Town
1. Project Location {Note: electronic filers will click on button to locate project site):
80 Damon Road (River Run Condominiums
a. Street Address
Latitude and Longitude:
Map 18D
f. Assessors Map/Plat Number
2. Applicant:
Northamp
b. CityfTown
42 20 25
d. Latitude
Lot 053
_ 01060
c. Zip Code
-72 38 3.92
e. Longitude
g. Parcel /Lot Number
Stephen Henderson
a. First Name ~ b. Last Name
Classic Management
c. Organization
15 Benton Drive
d. Street Address
East Longmeadow
e. City/Town
860 930 3991
h. Phone Number i. Fax Number
MA 01060
f. State g. Zip Code
shenderson,classic@verizon.net
j. Email Address
3. Property owner (required if different from applicant): ^ Check if more than one owner
n a. First Name b. Last Name
u River Run Condominium Trust
c_ Organization
80 Damon Road #1
d. Street Address
Northampton MA 01060
e. City/Town
413-585-9745 f. State g. Zip Code
h. Phone Number i. Fax Number j. Email address
f-l
l
S 4. Representative (if any):
u Nicole Sanford
a. First Name b. Last Name
Stantec Consulting Services Inc.
c. Company
136 West Street, Suite 203
~__.
~~ d. Street Address
Northampton
MA
01060
e. CitylTown f. State g. Zip Code
413-584-4776 413-584-3157 nicole.sanford@sta ntec.com
I h. Phone Number i. Fax Number j. Email address
~. 5. .Total WPA Fee Paid (from NOI Wetlan d Fee Transmittal Form):
$750.00 $362.50 $387.50
~_ a. Total Fee Paid b. State Fee Paid c. CitylTown Fee Paid
wpaform3.doc • rev. 04/08/09 Page ~ of 8
i
~~ ~
~ ' ~ ~~'
~~ Massachusetts Department of Environmental Protection P~°~~~~~~ ~y l.,d ~soEP: -
Bureau of Resource Protection -Wetlands ti~S,oL~ 1=pie ra~_,r ~cr --
~ WPA Form 3 -Notice of Intent _ _
[)c~ u ~ ~ii(l i i ~ :~:I:. Sri Idun~b~~r
, Massachusetts Wetlands Protection Act M_G.I_. c. ~ 31, §40 Northampton _
City/Town
A. General Information (continued)
6. General Project Description:
Project proposes improvements to existing drainage and sewer utilities to prevent the backup of
sewage into existing condominium units. Project also involves the repaving of all existing parking
areas and sidewalks.
7a. Project Type Checklist:
1. ^ Single Family Home
3. ^ Limited Project Driveway Crossing
5. ^ Dock/Pier
7. ^ Coastal Engineering Structure
9. ^ Transportation
2. ^ Residential Subdivision
4. ^ Commercial/Industrial
6. ^ Utilities
8. ^ Agriculture {e.g., cranberries, forestry)
10. ® Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
70.24 (coastal) or 310 CMR 10.53 (inland)?
~. ^ Yes ® No if yes, describe which limited project applies to this project:
2. Limited Project
8. Property recorded at the Registry of Deeds for:
Hampshire
a. County
b. Certificate # (if registered land)
c. t3ooK d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. ^ Buffer Zone Only -Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. ® Inland Resource Areas {see 310 CMR 10.54-10.58; if not applicable, go to Section 6.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
For all projects
affecting other Resource Area
Resource Areas,
please attach a a. ^ Bank
narrative
explaining how b. ^ Bordering Vegetated
the resource
Wetland
area was
delineated.
c. ^
Land Under
Waterbodies and
Waterways
wpaform3.doc • rev. 04/08/09
Size of Proposed Alteration
1. linear feet
1. square feet
1. square feet
3. cubic yards dredged
Proposed Replacement (if any)
2. linear feet
2. square feet.
2. square feet
Page 2 of 8
' i ~1
lJ
Provided by.MassDER:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands- - - -'
~~~ '.1assDEP F,le Nun ~t~~,r
~~~ ~ - e of Intent ~ - -
~< ~^ ~ ~~~~ ~ Notlc ClocumenfTransactior f;i,m`~,~sr
.. __,
n Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton
- Ciry/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
I_~ Resource Area Size of Proposed Alteration Proposed Replacement (if anv)
a. ^ Bordering Land
I l
J Subject to Flooding 1. square feet 2. square feet
3. cubic feet of flood storage lost 4. cubic feet replaced
(~ e. ^ Isolated Land
Subject to Flooding 1. square feet
2. cubic feet of flood storage lost 3. cubic feet replaced
Unnamed perennial tributary to the Connecticut River
'~_ f. ® Riverfront Area 1. Name of Waterway (if available)
2. Width of Riverfront Area (check one):
^ 25 ft. -Designated Densely Developed Areas only
LJ
LJ ^ 100 ft. -New agricultural projects only
®200 ft. -All other projects
j 1 197,200
u 3. Total area of Riverfront Area on the site of the proposed project: square feet
~ ~ 4. Proposed alteration of the Riverfront Area: , ,
'~
~ 37,000
42.,800 5,800
a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft
5. Has an alternatives analysis been done and is it attached to this NOI? ^ Yes ® No
s. Was the lot where the activity is proposed created prior to August 1, 1996? ®Yes ^ No
3. ^ Coastal Resource Areas: (See 310 CMR 10.25-10.35)
~ Check all that apply below. Attach narrative and supporting documentation describing how the project
~ I will meet all performance standards for each of the resource areas altered, including standards
~ u requiring consideration of alternative project design or location.
I
i ~ l Online Users:
Include your
Resource Area Size of Proposed Alteration Proposed Replacement (if anv)
~
U document
transaction a. ^ Designated Port Areas Indicate size under Land Under the Ocean, below
_ number
(provided on
your receipt
b. ^ Land Under the Ocean 1. square feet
page) with all "
~ supplementary
~-_.
~
~
.
information you 2. cubic yards dredged
~ ~ submit to the -
Department
^ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
c
i .
~ ~
I d. ^ Coastal Beaches 1. square feet 2. cubic yards beach nourishment
I !J
e. ^ Coastal Dunes 1. square feet 2. cubic yards dune nourishment
I.1 _
wpaform3.doc • rev. 04/08/09 ---- -----_.~_----"------_.__------------Page~3 0 - ----"------
,~
Massachusetts Department of Environmental Protection Provided ~, r~~aQ~t~L~.
Bureau of Resource Protection -Wetlands
/ h1~ sG1~P File fl~_imb"~ - - _
~~ WPA Form 3 -Notice of Intent _ _ _ -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ~ ~~~`~~~~`'~'f 1i """t ''~ ~'"~"r'~~'~
Northampton
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Size of Proposed Alteration Proposed Replacement (if any)
f. ^ Coastal Banks
1. linear feet
g. ^ Rocky intertidal
Shores 1. square feet
h. ^ Sal# Marshes
1. square feet 2. sq ft restoration, rehab., creation
i. ^ Land Under Salt
Ponds 1. square feet.
2. cubic yards dredged
i• ^ Land Containing
Shellfish 1. square feet
k. ^ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1. cubic yards dredged
t. ^ Land Subject to _
Coastal Storm Flowage 1. square feet
4. ^ Restoration/Enhancement
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 6.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW b. square feet of Salt Marsh
5. ^ Project Involves Stream Crossings
a. number of new stream crossings a. number of new stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act1V1/etlands Protection Act Review
1. !s any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated. on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to
http:J/www.mass.gov/dfwele/dfw/nhesp/reaulatory review/priority habitat/online viewer htm.
a. ^ Yes ® No
b. Date of map
If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and V1lildlife
Route 135, North Drive
Westborough, MA 09581
wpaform3.doc • rev. 04/08/09
Page 4 of 8
~~ ~~
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 3 -Notice of Intent
Massachusetts Wetlands .Protection Act M.G.L. c. 131, §40
Document Transaction Numti~~r
Northampton
City(Town
C. Other Applicable Standards and Requirements (cont'd)
r~
I~
~I
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section C.1.C, and include requested materials with this Notice of.lntent (NOI); OR
complete Section C.1 .d,.if applicable. If MESA supplemental information is not included with the' NOI,
by completing Secfion 7 of this form, fhe NHESP will require a separate MESA filing which may take
up fo 90 days to review (unless noted exceptions in Secfion 2 apply, see below).
1. c. Submit Supplemental Information for Endangered Species Review`
1. ^ Percentagelacreage of property to be altered:
(a) within wetland Resource Area percentage/acreage
(b) outside .Resource Area percentage/acreage
2. ^ Assessor's Map or right-of-way plan of site
s. ^ Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work *'`"
(a) ^ Project description (including description of impacts outside of wetland resource area &
buffer zone)
(b) ^ Photographs representative of the site
(c) ^ MESA filing fee (fee information available at:
http-//www mass qov/dfwele/dfw/nhesp/regtlatory review/mesa/mesa fee schedule_htm).
Make check payable to "Natural Heritage & Endangered Spectes Fund" and mail to
NHESP at above address
Projects altering 70 or more acres of land, also submif:
(d) ^ Vegetation cover type map of site
(e) ^ Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the Following
I
~..
~. ^ Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
http~//www mass qov/dfwele/dfw/nhesp/requlatory review/mesalmesa exemptions.htm;
the NOl must still be sent to NHESP if the project is within estimated habitat pursuant to
310 CMR 10.37 and 10.59.)
2. ^ Separate MESA review ongoing. a. NHESP Tracking #
b. Date submitted to NHESP
`Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see
http~/lwww mass qov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and
strictly upland species not protected by the Wetlands Protection Act.
'k MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are
~II
!~ lnot_r_equired as part of the Notice of Intent process_ _______`_____________ ___~__ _
wpaform3.doc • rev. 04%08/09 ~ --Page-S-of-8 - --------
2rovided by N1assDEP:
P r~s~ DEF' Fi~F~ ~Juii ~Ler - -
Massachusetts Department of Environmental Protection P~°~~~~~~~ ~~~ r.13~5oEP:
Bureau of Resource Protection -Wetlands _ _
~ ~ P~_ DEP F I~~ f~Jwnh;r -
- ~ ~ WPA Form 3 -Notice of Intent _
Massachusetts Wetlands Protection Act M.G.1.. c. 131, §40 ~~ `~ "'~`~~~` ~ "~~"` ~' "'~~""~'~-~
Northampton
City/Town
C. Other Applicable Standards and Requirements (cont'd)
3. ^ Separate MESA review completed.
Include copy of NHESP "no Take" determination or valid Conservation & Management
Permit with approved plan.
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. ® Not applicable -project is in inland resource area only
b. ^ Yes ^ No If yes, include proof of mailing or hand delivery of NOI to either:
South Shore - Cohasset to Rhode North Shore -Hull to New Hampshire:
Island, and the Cape & Islands:
Division of Marine Fisheries -
Division of Marine Fisheries - North Shore Office
Southeast Marine Fisheries Station Attn: Environmental Reviewer
Attn: Environmental Reviewer 30 Emerson Avenue
838 South Rodney French 81vd. Gloucester, MA 01930
New Bedford, MA 02744
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP's Southeast Regional Office.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online users: a. ^ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Include your Website for ACEC locations). Note: electronic filers click on Website.
document
transaction b. ACEC
number
(proviaea on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
page) with all
supplementary a, ^ Yes ® NO
information you
submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act {M.G.L. c. 130, § 105)?
a. ^ Yes ®No =-;
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ^ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
~. ^ Applying for Low Impact Development (LID) site design credits {as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. ^ A portion of the site constitutes redevelopment
s. ^ Proprie#ary BMPs are included in the Stormwater Management System.
b. ® No. Check why the project is exempt:
~. ^ Single-family house
wpaform3.doc • rev. 04/08/09
Page 6 of 8
~ ,~
~' Massachusetts Department of Environmental Protection
.Bureau of Resource .Protection -Wetlands
~~ ~ ~ ` ~~ ~~ WPA Form 3 -Notice of Intent
':Provided by MassDEl-~:
~.`a~ ~E~i=~~ ~ t~i~_~n~~ r -
Doc~uix:ntTr ri_ action Number
j ~ Massachusetts Wetlands Pro#ection Act M.G.L. c. 131, §40 Northampton
City/Town
C: Other Applicable Standards and Requirements (cont'd)
~_ ~ 2. ^ Emergency road repair
a. ^ Small Residential Subdivision (less than or equal to 4single-family houses or less than or
~~ equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
~--~ D. Additional Information
'
~ Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
- Online Users: Attach the document transaction number (provided on your receipt page) for any of the
following information you submit to the Department.
t_ ~. ~ USGS or other ma of the area alon with a narrative descri Lion if necessar containin
P 9 p ,
Y) 9
sufficient information for the Conservation Commission and the Department to locate the site.
(LJ` (Electronic filers may omit this item.)
2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
n
L~ the boundaries of each affected resource area.
s. ® Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
~-~ Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
11 and attach documentation of the methodology.
4. ® List the titles and dates for all plans and other materials submitted with this NO1.
.See enclosed list in NOI addendum
a. Plan Title
l
u b. Prepared By c, Signed and Stamped by
d. Final Revision Date e. Scale
~] f
Additional Plan or Document Title
.
g. Date
5. ^ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
LJ
s. ^ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
~. ^ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
a. ® Attach NO1 Wetland Fee Transmittal Form
11
u
s. ^ Attach Stormwater Report, if needed.
I
wpaform3:doc-•-rev-04/OS/09 --------------------
~ i
Massachusetfis Department of Environme rotection er'a' .ey, ~ ~P ~~~-~~
ntal P ~;~ ;rues E~:~:~. -:' -~~~:~_,"
Bureau of Resource Protection - ~=`~~~`;~'~'`~;:,~°t~<;:v~<:=: ;;<;~-`'~;;: .~
Wetlands •:~4 : ~~~t~.:,-s~:~.~:;:;k.. ~:,,.;~„~~;~'~_';..,..F";
:.uJ,}~,ass~ERrt=iig'Nsrtj "'~`~
WP ,,,~~~;~:;:;. :~y~; _ ~et_;~~~.,
A Form 3 - Notice o - ~~: .~az~ _ _ _~:~~~ - -- :f;
f Intent 'a~~-r~..=:~;~ ,v~..,.
. Massachusetts Wetlands Pro _..',';_ um~~t~x«~o~i~vipi~~:
tection Act M.G.L. c_ 139 §4g ....,.- ....,:==._ ~-~._..__...~:,F.__.. _c
' Northampton
City/rown
E. Fees
t. ^ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the followfig information (in addition to pages 9 and 2 of the NOI Wetland Fee
Transmittal Farm) to confirm fee payment:
2. Municipal Check Number
4. State Check Number
3. Check date
5. Check date
_8. Payor hams on check; First Name
F. Signatures and Submittal Requirements
7. Payor name on check:
Name
1 hereby certify under the penalties of perjury tha# the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete #o the best of my knowledge. 1 undecstand that
fine Conservation Commission will place notification of this Notice in a~iocal newspaper at the expense of
the applicant in accordance with the wetlands regulations, 3'10 CMR 14.45(5){a).
t further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L c. 131, § 4{j. Notice must be made by Certificate of Mailing or in writing 6y hand
delivery ar certified mail (return receipt reques#ed) to all abutters within 940 feet of the property line of the
project fo~a~"0n. ,
of App " nt
2t~,~ j2~ Cr3,..~ 2. Date
i~ f u~i~ ~ ~~ 8 Q
ofi Own di entj 4_ Date . /
o epn:sent a ti. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two
copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation
Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of intent {Form 3), including supporting plans and documents, one
copy of the NOl Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
if the applican# has checked the "yes" box in any part of Section C, item 3, above, refer to that section
and the instructions for additional submittal requirements.
The original arid copies must be sent simultaneously_ Failure by the applicant to send copies in a
.. .... timely manner may result in dismissal of the Notice of Intent.
wpatorm3.doc • rev. 04(08/09
Page 8 of 8
I i ~~
. _, _.
~I
~,I
City of Northampton--Wetlands Application
'~l This form is required for all applications filed under the Northampton Wetlands Ordinance
~~ ~ File wit{: the Office of Planning and Development, 210 Main Street, Northampton, IbfA 01060
GVe recommend applicants consult with the Land Use and Conservation Planner (i87-1263) before applying
1 1. Check what kind of permit you are requesting
-~. ^ Request for Determination ofApplicability (WPA fornl 1)
Notice of Intent (WPA form 3)
^, Abbreviated Notice of Resource Area Delineation (WPA form 4A)
~~
2. Property Street Address: ~yvC Y' ~y~~ ~~~~ tNL~~~1.I'L~d~r1~ c~vv~rn,~
r--,
-i 3. Assessors' Map and Parcel: ~ , -~ Second lot (if any) Map and Parcel(s):
Additional property description:
`~ 4. Check the items enclosed. Your application will not be accepted if any items are missing.
~, The appropriate completed Massachusetts DEP application
r ~ htgr/hvww mass Qovldep/water/approvalshvwfonns.htm
I`~ !~ Completed versions of this Wetlands Application
~, Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments)
~~ ~. All plans folded (not rolled) and collated with each application packet
U ~ For Notice of Intent applications only, submit the following:
1~ Appropriate Notice of Intent Conservation Commission Fees
http•//ww4v northamptonma mov/odd/uplDads/listWidrred2533/opd%°20fees.ndf
~~} ~ An abutters list of all property owners within at least 100 feet of the properly line of your project.
~_~ Abutters lists may be generated at w~nw.NorthamptonMA.vov/opd (click on..Database: Abutters,
Permits and Historic). Computers are available at City Hall, Forbes and Lilly Libraries.
~- ^ For Request for Determination applications, appropriate Request for Determination of Applicability Fees
~ http•/~ww~a~ northamptonma Qov/opd uploads/IistVJid~et/2533/opd%20fees.gdf
^ For Notice of Resource Area Delineation use Notice of Intent Fee
~A~~( http•/~tivw~v northamptonma vov/opd~uploads;listWidvet/2333/opd%20fees_pdf
~ ~ }~, A #l0 business envelope addressed to the, applicant.
I
5. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a
waiver from submittal requirements, with a reason for the waiver request.
^ Boundary of entire lot and notation of lot area
^ Context of adjacent lots, if necessary to show extent of wetland/Riverfront Area
._~ ~ Numbered wetland flags
~I ^ Existing and potential vernal pools
~, 50' AND 100' wetland buffer
1~ Mean Annual High Water line, for Riverfront Area permits
j ~ ~ L00' inner riparian zone AND 200' outer riparian zone, for Riverfront Area permits
,L ~. Existing structures, impervious surfaces lie: pavement, gravel) and lawn areas
^ Edge of vegetation accurately measured or surveyed
i,'-~ ^ Significant (8"+ Diameter Breast Height) trees within the limit of work area that are also within the 200'
Riverfront Area, Bordering Vegetated Wetland, or 100' wetland buffer
L
^ 2' contours
_--1 ^ Elevations in feet (not meters), for projects within the floodplain
~J ^ Zoning setbacks
^ 1:20 scale, if possible
II~
~,
~}
~_-i _li___-------- -------.~
L J -- ----------------
6. If new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan.
You may request a waiver from submittal requirements, with a reason for the waiver request.
^ Grading/proposed ne~v contours
^ Hardscape (i.e.: footprint of house, driveway, walkways, terraces, etc...)
^ Any removal of vegetation and significant trees within the Riverfront Area, wetland and buffer
^ Landscaping and plantings within the Riverfront Area, wetland and wetland buffer
Location of erosion control barrier
Limit of work line
Utility lines
^ Stormwater Management Form (use DEP form wwtiv.mass.~ov/de i~brp/ww~wwfonns htn~), if required
^ Wildlife assessment if the site is in a habitat resource area' based on NHESP maps, Northampton Potential
and Certified Vernal Pools Map or otherwise required by the Act or Ordinance.
At the same scale as the Existing Conditions Site Plan
^ For new homes in the Riverfront Area only, documentation of the date the lot was recorded.
7. We have provided and requested information and believe and understand that (initial each item
below):
t~v~ Application deadline is one calendar month prior to a public hearing. If the application is incomplete or
waivers are requested, however, the public hearing may be delayed;
~~ We will check for the date and time of our public hearing at ~titivw.NorthamptonMA~ or in the Daily
Hampshire Gazette Legal Ads section. Such notice is posted seven days prior to the public hearing;
The Conservation Commission may request an alternatives analysis for work proposed within the buffer
~~ qq zone of a wetland;
tV ~-~ The Conservation Commission and their representatives have permission to enter the property;
All documents and plans submitted are in the public domain and may be copied freely in any form; and
The City will record Orders of Conditions and Order of Resource Area Delineations at the Hampshire
County Registry of Deeds.
8. PLEASE COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT or ABBREVIATED
NOTICE OF RESOURCE ARE DELINEATION:
,~ We certify under the pains and penalties of perjury, that PRIOR to filing this application all abutters were
notified of this application pursuant to the requirements of M.G.L. c. 131 § 40. Notice must be made in
writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the
property line of the project location.
Applicant (print or type): Applicant Signature: ~~ V ~ ~(~
Address: Applicant Phone:
Owner (print or type): Owner Signature:
Address: Owner Phone:
Date submitted: y_~~,
The Northampton Conservation Commission generally meets on the 2"d and 4`h Thursdays of each month in Hearing
Room 18 located on the 2"d floor of City Hall, 210 Main Street
Page 2 of 2
~~ ~ ~ _~
Stantec ~ ,
NOTICE OF INTENT
h River Run Condominiums Infrastructure Improvements Project
I i Northamp#on, Massachusetts
Addendum to Notice of Intent
~~ Apri12009
2.0 Addendum to'Notice of Intent
f~ INTRODUCTION
,._, On behalf of Classic Management, this Notice of Intent is being submitted.to the Northampton
Conservation Commission pursuant to the Massachusetts Wetlands Protection Act (W PA)
~~ Regulations and the City of Northampton Wetlands Protection Ordinance for work within
-- previously developed riverfront area and the 100-foot Buffer Zone. Classic Management is
~~ proposing improvements to existing infrastructure associated with the existing River Run
Condominiums development located off of Damon Road in Northampton, Massachusetts (see
Figure 1). The project proposes rerouting of sewer and drainage piping in order to correct
~_ inadequately sloped sewer lines that have caused sewer backups. The proposed work has been
bid and is scheduled for construction in May.
C~ An unnamed perennial tributary to the Connecticut River is located along the western boundary
J
of the property and proposed construction will occur within the inner and outer riparian zones of
the riverfront area. The property is considered "previously developed" riverfront area as it
Li contains degraded areas (pavement and existing structures) that were developed prior to
August 7, 1996. Currently, the inner riparian zone consists of existing concrete sidewalks,
~~ patios and three condominium buildings. The three condominium buildings are also located
U within the outer riparian zone as wells as existing asphalt parking areas and concrete sidewalks.
~~ This project is a redevelopment project consisting of relocation of sewer and drain piping,
~ reclamation of all parking areas, and replacement in kind of existing concrete sidewalks and
patios. To correct the sewer slope problem, the project proposes the installation of a new 8-inch
(~ sewer main which will provide adequate slope to help ensure that wastewater flows to the on-
LI site sewer pumping station. The project also requires the relocation of an existing storm drain
line to avoid crossing the sewer line. Additional work will include the installation of a deep sump
j ~ catch basin. Work within previously disturbed riverfront area will disturb 5,800 SF of inner
~f riparian zone and 37,000 SF of outer riparian zone. This work involves the
replacement/maintenance of existing structures and there are no additional impervious surfaces
~i } or degraded areas proposed with this project. No work will occur closer to the perennial stream
r
'- than existing conditions. Project activities will result in an overall improvement to the site
_ including the installation of a deep sump catch basin that will improve the quality of stormwater
j~ leaving the site. The project will also help to eliminate sewer backups and level.sidewalks for
improved resident pedestrian access to their units.
j 2.1 PROJECT DESCRIPTION
.J
~~~ River Run Condominiums is an existing condominium development located to the east of an
~ I unnamed perennial tributary of the Connecticut River. Existing conditions include:
I, I
• Eight two- to three-story residential buildings;
~ ~ ~ ~ ~ 2.1
~ `.I -- -- --------
_----
Stantec ~ ~~
NOTICE OF INTENT
River Run Condominiums Infrastructure Improvements Project
Northampton, Massachusetts
Addendum to Notice of Intent
April 2009
• Six asphalt parking areas;
• Concrete sidewalks;
• Maintained lawns;
• Maintenance building;
• Swimming pool;
• Dumpsters; and
• Associated sewage, electric, water-and drainage utilities
i
All of the site's existing facilities were developed prior to 1996. See Section 5 (Project
Photographs) for photographs of existing conditions.
The proposed project includes the following redevelopment activities:
• Installation of replacement sewer main to prevent sewage backups;
• Installation of new drainage utility;
• Repaving of existing sidewalks and patios; and
• Repaving of existing parking areas.
Installing utility lines involves excavating a trench, installing the needed utility, backfilling the
area and restoring the area to original grade and surface conditions. Reclamation of parking
areas involves reuse of the existing asphalt and gravel for subbase materials and placing new
layers of asphalt on the surface. Existing concrete sidewalks will be replaced in-kind as old
concrete will be removed and replaced with new concrete.
2.2 PROJECT PLAN LIST
Plan Title
Prepared by
Notice of intent Plan Stantec
2.3 RESOURCE AREA DESCRIPTION
Date Scale
April 14, 2009 1 "=50'
A delineation of state and federal wetland boundaries was completed by Eric Ford, a wetland
scientist from Stantec, on April 2, 2009, in accordance with the Massachusetts Wetlands
Protection Act Regulations (310 CMR 10.00) and the manual Delineating Bordering Vegetated
Weflands under the Massachusefts Wetlands Protection Act (1995). An intermittent stream with
associated bordering vegetated wetland (BVW) is located northeast of the development near
the property boundary. The stream flows in a northwesterly direction with BVW aA along its
western bank. The intermittent stream channel is approximately 3-4 feet in width with 1 foot
high scoured banks and an unconsolidated bottom with fine sediment. Approximately 1-4
inches of water was observed in the channel at the time of the delineation. The BVW
associated with this intermittent stream is a flat, low-lying system degraded by trash and
invasive species. The dominant species consist of eastern cottonwood (Populous deltoides),
oriental bittersweet (Celastrus orbiculata), red maple (Acer rubrum) and cinnamon fern
2.2
j { $taflierc n
1 NOTICE OF INTENT
~--~ River Run Condominiums Infrastructure Improvements Project
~ Northampton, Massachusetts
Addendum to Notice of Intent
r, Apri12009
L~
~~
(Osmunda cinnamomea). Other indicators of hydrology in this area include soil saturation at 5
inches and free water within 10 inches of the surface.
An unnamed perennial tributary of the Connecticut River is located along the western portion of
the property. The defined channel is 6-15 feet in width with 1.5 to 3 foot high scoured banks
and an unconsolidated bottom. Approximately 4 inches to 2 feet of water were observed in the
channel. Mean high water line (MHWL) was established at the toe of the fill embankment near
the condominium development. Bankfull indicators, including drift lines, evidence of sediment
transport, lack of litter and evidence of water in channelslswales, was used to determine MHWL.
There is no associated BVW located on the eastern ,portion of the bank of this perennial stream.
2.4 RESOURCE AREA IMPACTS
Riverfront Area
The riverfront area associated with this project is considered a previously developed riverfront
area as the site contains existing degraded areas developed prior to August 7, 199.6. The total
riverfront area on the project site is 197,200 SF, of which 37,6% (74,100 SF) is existing
degraded area.
Erosion and sediment control will be employed around the perimeter of project activities within
jurisdictional areas as shown on the plan (see Section 2.7 below).
The following list explains how the proposed work shall conform to the Riverfront Area
performance standards listed in the Wetlands Protection Act Regulations (310 CMR 10.00):
90.58(5)(a) Improvement over Existing Conditions: Project activities will result in an
overall improvement to the site including the installation of a deep sump catch basin that
will improve the quality of stormvvater leaving the site. The project will also eliminate
sewer backups and level sidewalks for improved resident pedestrian access to their
units.
r~I
'~ I
~,~
90.58(5)(b) StormwaterManagement Standards: This is a redevelopment project that
will not create~any new point source discharge. Accordingly, the new Stormwater
Regulations are not applicable. Please refer to Section 6 for more detail regarding
proposed stormwater management.
10.58(5)(c and d) Proximity of Work to River. The proposed work will occupy a total of
42,800 SF of previously developed riverfront area (5,800 SF of inner riparian zone and
37,800 SF of outer riparian zone). This work involves the replacementlmaintenance of
existing structures and there are no additional impervious surfaces or degraded areas
proposed with this project. No work will occur closer to the perennial stream than
existing conditions.
2.3
Staiitt~c
NOTICE OF INTENT '
River Run Condominiums Infrastructure Improvements Project
Northampton, Massachusetts
Addendum to Notice of Intent
April 2009
90.58(5)(e) Amount of Degraded Area: The total area of proposed impacts (42,800 SF)
does not exceed the total amount of existing degraded area on site (74,900 SF) and the
work will not result in the creation of any non-conforming impacts or newly degraded
areas. Therefore, restoration and mitigation is not required for this project (see below).
10.58(5)(f and g) Restoration and Mitigation: This performance standard does not need
to be met as the project meets the performance standards listed above.
Variance Request from the City of Northampton Wetlands Ordinance
We are requesting a waiver for the following plan requirements:
• Boundary of entire lot and notation of lot area -The property boundaries shown are
approximate and no formal boundary survey was done as part of this project.
• Existing and potential vernal pools -Not applicable.
• Edge of vegetation accurately measured or surveyed -This vegetation edge is not
shown on plans; however, all work will be contained to existing paved/concrete surfaces
and maintained lawn areas. Very limited cutting of vegetation will be necessary for
installation of the new manholes northeast of Building 5.
• Location of significant trees within resource areas -Significant trees are not shown on
plans; however ail work will be contained to existing pavedlconcrete surfaces and
maintained lawn areas. Very limited cuffing of vegetation will be necessary for
installation of the new manholes northeast of Building 5.
• 2 foot contours -The plans do not include topography except in the area of the utility
installation. Topography was not included as the majority of work involved in kind
replacement of existing concrete sidewalks and parking areas.
• 1"= 20'sca/e - In order to keep the entire project area on one plan sheet the scale is
9" = 50'.
Please note that both existing and proposed conditions are on one plan sheet.
2.5 RARE SPECIES
According to the most recent NHESP data, the project site is not within estimated and priority
habitat for rare, threatened or endangered species (see Figure 2).
2.4
j ~, ~ `\ )
L_J ~~tl~ _ `"
NOTICE OF INTENT
River Run Condominiums Infrastructure Improvements Project
~- ~ Northampton, Massachusetts
Addendum to Notice of Intent
i j Apri12009
2.6 WATER QUALITY
The Connecticut River is located within the Connecticut River Basin and the river is not listed as
an Outstanding Resource Water according to the Massachusetts Surface Water Quality
Standards.
2.7 TEMPORARY EROSION AND SEDIMENT CONTROL
To protect resource areas during construction, combination silt fence barriers are proposed in
areas shown on the plan. Erosion control will be maintained in good condition until on-site soils
are stabilized.
~-~ 2.8 REFERENCES
IJ
Commonwealth of Massachusetts. 1997. General Laws of Massachusetts (GLM), Chapter 131,
1- Section 40. Wetlands Protection Act. Available: http:l/www.mass.gov/legis/laws/mgt/131-40.htm.
Accessed: June 10, 2008.
~ Commonwealth of Massachusetts. 2007. Code of Massachusetts Regulations, 310 CMR 10.00.
Wetlands Protection Act Regulations. Available:
http:/lwww.mass.gov/dep/service/regulations1310cmr10a.pdf. Accessed: June 10, 2008.
City of Northampton. 1989. City of Northampton Wetlands Protection Ordinance_ August 17,
1989. Available: http://ecode360.com/?custld=N02226. Accessed: April 13, 2009.
MassDEP (Massachusetts Department of Environmental Protection Division of Wetlands and
Waterways). 1995. Delineating Bordering Vegetated Wetlands under the Massachusetts
r-~I Wetlands Protection Act. (Publication No. 17668- 102 2000 - 2195 - 2.75 - C.R.) March.
', ~ Boston, MA.
~~
~- FEMA (Federal Emergency Management Agency). 1997. FEMA Q3 Flood Map. Available:
~ http://maps.massgis.state.ma.us/massgis viewer/index.htm. Accessed: April 15, 2009.
i_
~--, NHESP (Natural Heritage and Endangered Species Program). 2008. NHESP Priority Habitat
~ .and Estimated Habitat Map. Available:
L http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. Accessed: April 13, 2009.
J
2.5
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~ NOTICE ®F INTENT
-~ River Run Condominiums Infrastructure Improvements Project
Northampton, Massachusetts
Project Photographs
__I Apri12009
5.0 Projoct Photographs
I~
1
i
Photo 2. View of existing sidewalks within the development to be
replaced in-kind.
~71iteC
NOTICE OF INTENT
River Run ~ondorniniums Infrastraactesre Improvements Pr®ject
Northampton, Massachusetts
Project Photographs
April 2009
Photo 4~. Easterly view of bordering vegetated wetland and associated intermittent
stream.
Photo 3. View of existing parking areas within development to be repaved.
There will be no increase in impervious surfaces.
(~ l
~~I1tE'C
NOTICE OF INTENT
River Run Condominiums Infrastructure Improvements Project
Northampton, Massachusetts
Project Photographs
April 2009
Photo ~. Southerly view of unnamed perennial tributary that borders the-
condominium development to the west.
Sta~tec r
-' NOTICE OF INTENT -"
~ River Run Condominiums Infrastructure Improvements Project
'~ ~ Northampton, Massachusetts
~ Stormwater Management
April 2009
r~
l_1
6.0 Stormwater Management
~__ ~
~ The Massachusetts Wetland Protection Act requires that stormwater standards be applied to all
I- new stormwater discharges within resource areas defined under the Act. These standards refer
to drainage conveyances and point source discharges only. These do not apply to un-
concentrated overland sheet flow from the site. This project proposes no new stormwater
~ discharges within resource areas.
r'~ The existing drainage patterns within the resource areas on this site will not be altered. There
(-~ are no new point source outfalls discharging untreated runoff to resource areas; the peak runoff
rate for all design storms is not changed; and the quality of stormwater leaving the site will be
improved through the installation of a new deep sump catch basin.
L
LJ
P
~~
i
LJ
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_.u __.._.._.___._.._,~_~_.__-.___.~._._...____....,__.._..___..__.__.__.~..~..________.._._____.,_._...__..__T____..~.~.___~_....___..._...___..~_______.___.____..__,~..