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Beaver Brook Greenway-removal of house-wetlands through Certificate of ComplianceACSResource.axd Bk-0 11235 P 1 % 2 ://www.masslandrecords.com/Hampshire/ACSResource.axd?SCTT .. a 13 02 B k.- 11 236P 152 Pa I of 2 Reowdedi 0310112013 01 :49 PM r �� Massachusetts Department of Environmental Protectior Certificate 4. A site 'inspection was made in the presence of the applicant, or the applicant's a Feb 11, 2013 Date w*rm8b.doc # rev. 12/23109 WPA Fom 88, Cedifloate of Compliance - Pa 1 of 3 1 of 2*'--- 3/5/2013 2:57 PM ACSResource.axd Bk 11235 P I l a ://www.masslandrecords.com/Hampshire/ACSResource.axd?SCTT.. a ------------- --- Al ........ . ....... . .... A #0 lw lw v 11-4 e4 IV lw 0 0 #. w w w w 4w mmio - wpafrnift.doc - rev. 12123M WPA Form $8, Cwtificate of Campliawe - Pa 2 of 3 A=ST4 11 . REMS70t A FWMAT!. R 14ARYLbLBE 3/5/2013 2:57 PM Massachusetts Uepartment of Environmental Protci-,.abn DEP File Number: Bureau of Resource Protection - Wetlands WPA Form-5---Order-of- Conditions - -- -246-592-- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. rat remm Bk: 8924Pg: 254 Page: 1 of 12 1. Conservation Commission 2. This issuance is for (check one): a. Order of Conditions b. ❑ Amended Order of Conditions 3, To: Applicant: Henr a. First Name 284 Williamsburg Road d. Mailing Address Williamsburg a, City/Town Culver b. Last Name 4. Property Owner (if different from applicant): C. Company Bui f. State 01096 a. First Name b, Last Name C. Company d. Mailing Address f. State g. Zip Code e. City/Town 5. Project Location: Haydenville Road Northampton a. Street Address b. City/Town 06 13 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 42 21 54 N 72 41 37 W electronic filers will click for GIS locator): e. Latitude f. Longitude e. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Hampshire a. County b. Certificate (if registered land) 8588 207 c. Book d. Page 07/29/2006 08/24/2006 09/05/2006 T Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c, Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Sketch of Wetland Locations of Land in Northampton, Massachusetts Prepared for Henry Culver a. Plan Title The Berkshire Design Groupe b. Prepared By c. Signed and Stamped by 07/2612006 1 " -40' d. Final Revision Date e. Scale Scanned Plan of Land in Northampton, Massachusetts Prepared for Henry CulytnL — GW2�Q-_ f. Additional Plan or Document Title , � Date C hecked. wpaformS.doc - rev. 311105 Page 1 of 9 i. ' \ . Massachusetts - D epartment of Environmental Proteeiton DEp File Number: Bureau Of Resource Protection -Wet -- — F orm 5==' Or der of C '---'— --- Massachusetts Wet Protection Act M.G.L.C.131,§40 B . B. Findings Fo||ovvngthorevevvoftheabove-refenanoedNoticeof\ntentendbasedontheinfornlationornvided — ---- --in-this am d�atonemdooeoentedat �h�pubU0heaFDg.th�Con�D��n eio�ndothetthaanaasinvvhinh workio proposed ie significant to the following interests of the Wetlands Protection Aot CheckoUthat apply: a. Z Public Water Supply b. 0 Land Containing Shellfish c N Prevention ofPollution t �� Protection of Wildlife d N PhvoteVVaherGuppk/ e N Fisheries �� Habitat g. Z Groundwater Supply k. Z Storm Damage Prevention i Z Flood Control 2 This Commission hereby finds t pro aa proposed, is: (check one of the following boxes) Approved subject to: o �� thehd�w\ngcomj�ons which are necessary |n accordance vv�hthe pe[�rmanuestandards 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. � t�pm�e��nn�be�nd�on��epe�onnan��an�o��e �� 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 mf the performance standards which the proposed work cannot meet im attached to this Order. o. �� ' the information submi�adby the applicant is not suf5uiantto describe the site, the vvorh.orthe ��ctofthevvurkVnfheintenasteident|fiedintheVVet|andoProtectionAct.ThePefore'vvorhonthis 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 ieissued. A description of the specific information which im lacking and why itlsnecessary im attached to this Order as per 31OCK0R 10.05(6)(c)' Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. R Buffer Zone Impacts: Shortest distance between limit of project diaturbanceand vveUendboundary (if available) u�m/=".=�` Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. R Bank a. linear feet b. linear feet �§inear feet d. linear feet a El BordmingVeg�a�d Can ned , Wetland e. square feet p. square feet 9 "ee�` ..~°.~...,�, g. Land UnderVVoterbod|aa a. square feet b. square fe o c,uqua"&reo and Waterways a. cu«onreuqt�u .=��= � } -! Page cofo ' wpaorrn5,doc - rev. 3/1/05 Massachusetts Department of Environmental Protecid'on Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5--Order of Conditions - - 246-502 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) FNt=Z;WU Alfe I te — ra ti o — n 7. ❑ Bordering Land a. total sq. feet Coastal Beaches - Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet 8. ❑ Isolated Land Subject ❑ Rocky Intertidal Shores to Flooding a. square feet b. square feet Cubic Feet Flood Storage 11; ;o + A riihir f..f c. square feet d. square feet 9. Z Riverfront area 37,200 37,200 b. total sq. feet a. total sq. feet Coastal Beaches 14. 14,880 8 14, 80 15. Sq ft within 100 ft c. square feet ' d. square feet e. square feet ❑ Rocky Intertidal Shores 22,320 22,320 Salt Marshes Sq ft between 100-200 ft g. square feet h. square feet i. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. F Designated Port Areas Indicate size under Land Under the Ocean, below 11. F Land Under the Ocean b square feet a square feet 12, F Barrier Beaches 13, ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 18. ❑ Land Under Salt Ponds Proposed Permitted Proposed Permitted c. cu.yd dredged c. cu.yd dredged d. cu.yd dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet a. linear feet a. square feet a. square feet a. square feet ig. F Land Containing Shellfish 20. ❑ Fish Runs 21. ❑ Land Subject to Coastal Storm Flowage wpaform5.doc • rev. 311105 b. square feet b. linear feet b. square feet b. square feet c. square feet b, square feet d. cu.yd dredged f. cubic feet f. square feet j. square feet d. square feet a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Balks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a, cu.yd dredged b. cu.yd dred a. square feet b. square feet Page 3 of 9 Massachusetts Department of Environmental Prote DEp File Number: Bureau OfResource Protection -Wetlands Form Order- �� Conditions -- ^ '��& u ��K�� n*��u��-��---' -'-- - -- - -- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only a 1` �Fa�nsto vv�haU�ond�onastated herein, and��hall na�todstatutes and other nagu�tory maanuraa.ohoUbadaen`�dcnuoeb�navokacr' Dnder-'- -- -- - -- - - - --�- modify this 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 vvitha|| other applicable fadenal, etate, or local stotuteo, ond|nanoea, by|aws, 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 o maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are . set forth auo 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. S. Any fill used in connection with this project she||bec|eonfi||.AnyfiUsha||conhainnotronh.refUse. rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner uf the land upon which the proposed work ieto be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. U. A sign shall be displayed ot the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] " "File Number 246'592 - °p�^msm�'nmmvo p�"��» \`�/ ' Massachusetts D e �� / �� -'-- OEP File Number: BUP88u Of F!eSOU[Ce P[Ot8CtiOO _W4ef8OdG -'^- �� °�v��-=��'�� ^� -'---------- ----' �K�� Form �� ~~ ��x��n ��u ��xo��xux��nx�� 246-502 Massachusetts Wet Protection Act M.G.[.C.131 C. General Conditions Under Massachusetts Wetlands Protection Act Conservation Commission shall be a party to all agency proceedings and hearings before DER -' --- ---- 11- Upon completion of the-work described herein, the opp|imantshall submit c-F<equelst for-Certificate Df Compliance 0/VPA Form 8A>tn 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 ofIntent. 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. 16. This Order ofConditions shall apply to any successor in interest or successor iO control ofthe property subject to this Order and to any contractor or other person performing work conditioned by this Onder. If you need more sp ace for additional conditions, select box to attach a text document F 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During conmtruction, 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 Comnniaeion, 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. All work associated with this Order is required tn comply with the K8aoaochuaotta StornnvvaterPo|ioy Standards. Special Conditions: See "Attachment A" °womrmsdom' rev. nnms Page x** . ' @��0��t�� g0t��z��m��00��l�o '��|� ' ' DEPF|kaNumber [\UF�8UOf��GOU[C�P[Ot�CfiOD-\��@O�G -- '��K��K ��-- -- ^��-�* ��- --- -------�-' ' ----'- -'- -- ' ��nx� m ��n �� ^� K�� `�n "��n�x�� Massachusetts Wetlands Protection Act M.G.L.C.131.§40 | D. Findings Under Municipal W Bylaw or Ordinance 1. |oa0ununpo|*eloDasDy|awo[o[a|naOceapp|tcar)|e/ 1,6J yes " No u. The Northampton hereby finds (check one that app - -' - --� - -' - Cvnxomaounuommmsmn'�- -- �-- ------�- '- -- ------'---'-----�- o. F] that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. MunicipoOrdinancmv,Bylaw If you need more space for additional conditiono, select box m attach a text document F-1 b. Citation Therefore, work on this project maynotgofonwardunleooandunti|aravisedNoticeof|ntantis submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions iaissued. 4. 0 that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Northampton Wetlands Ordinance Chapter 24/25ofthe o. Municipal Ordinance nrBylaw Code ofOrdinances 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. c. The special conditions relating to municipal ord or bylaw are os follows See "Attachment A" ^pomrms.du ' rev. 311/05 pages M��h��e�� D��DD��t � �E�n;��0r��t�l ��t��mD ' OEP Fl|a Number ^ ��UP8@U Of Resource Protection -Wetlands __-1-- ��K�D�� ^� �� "- ' � � � �� u �� ~~ �� x �� n �� U�� ' Massachusetts Wetlands F /\Ci M.G.L. C. 131, 840 E. Issuance condition pursuant to General Conditions #4. from the date ofissuance. 1. Date of Issuance Please indicate the number uf members who will sign this form: --- -- - Th Order-must bo signed bys/ majority ufthe(Conoarvation Connmhsnk»n. - -- -2. Number of Signers- The Ordornnuetbamai|odbycertifiadmai|(returnrenoiptrequeabad)orhandde|ivenadtnthempp|icnnt.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Ofhce, if not filing e|ectrunicaUy, and the property owner, if different from applicant. Sig] Notary Acknowledgement Commonwealth of Massachusetts County of On this of Aijovslr 40 (P Day Month Year Before me, the undersigned Notary Public, personally appeared Name m/ Document Signer proved tome through satisfactory evidence of identificat which was/were Description of evidence of to be the person whose name is signed on the preceding or attached document, and acknowledged to me h for its stated purpose Amm Conservat mm Signet Public SAC 6 re of No 1/1 1 Printed Name of Notary Public Place notary seal and/or any stamp above My Ctmmission Ex (Date) This Order is issued to the applicant as follows: F] by hand delivery on by certified mail,,, return *e' eipt requested, on SAIr Date ata o at wpafo"ms»v ^reounmo Page rmo Massachusetts epart0Uentof Environmental Proy6uuioO ' Bureau OfResource Protection �Wet -'� - Fo - rm - 5 --- Ord er-of ^ ------ Massachusetts Wet Protection Act M.G.[_ c. 131 §40 DEP File Number: - 246-592 tothis'bnder,or any ten residents ofthedt or town |n which such land ha located, are hereby notified of their right to request the appropriate OEP Regional Office to issue a Superseding Order ofConditions. --------'' --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 Ac 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 helshe 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 hs being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.Lo.131.§4O) and im inconsistent with the wetlands regulations (31OCW1R1O.00). Tn the extent that the Order ie based ona municipal ordinance or bylaw, and not on the. Massachusetts Wetlands Protection Actor regulations, the Department has no appellate jurisdiction. I Section G, Recording Information is available on the following page. p�eumw ��m��'em�mo Massachusetts D6partment of Environmental Prote"Udbn DEP File Number: Bureau of Resource Protection - Wetlands 1 - 011S -- WPA Form 5 Order of -Condit' 246-592 - - - - Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information his-Order-of-Conditions- m ust-be-reco.Wed-In-trie- K_e.g1Str_y_oT_U_e_e,0.S_0r_Tn which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In- the - case -of registered land, this Order-shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location Has been recorded at the Registry of Deeds of: DEP File Number County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 311/05 Page 9 of 9 "ATTACHMENT A" 19. Prior to the initiation of any work, the applicant/owner shall submit a letter of understanding to the Commission stating that lie/she has received, read, understands and shall comply with these Orders. The applicant, and, his or her contractor, foreman and/or -20. -- -- Prior-to the- initiation- o-f-.any wor1c,-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 Conu in order to ensure that the requirements of this Order are - uriderstood 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 Army Corp of Engineers (Section 404, Water Quality Certification), Plamung Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of any project. 23. 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 infonned of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 24. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Connnission and incorporated into the permit by reference and shall be followed during the course of construction. 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 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 ass that the maxim 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. 26. An adequate stockpile of erosion control materials shall be on site at all times for einergency or routine replacement and shall include materials to repair silt fences, straw bales, erosion control blankets, riprap, filter berms or oth=plamied for use during construction. 27. Soils exposed for periods greater than two months shall be stabilized with erosion control blankets and netting, a covering of straw iiiii1ch, or a temporary cover of rye or other grass to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with a native perennial grass mixture. Any stabilization materials such as jute netting shall be firinlyanchored to prevent them trorn eing - was e om 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 wetland; or any area within 100 -feet of a wetland, unless such areas are specifically approved by the Commission, in accordance with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24 30. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: N/A 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 in advise any potential buyer of the property that any construction or alteration to said property, including brash cutting or clearance, may require approval by the Northampton Conservation Corninission. 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. I 1� 33. All trees and materials being removed must be marked with orange paint and inspected and approved by the Northampton Conservation Commission. Any liquid hydrocarbon (fuel oil, kerosene, brake fluid) to be removed must be properly disposed of after inspection at id prior to site work or demolition. The Northampton Conservation Conunission and /or their designee shall inspect the site within fourteen days after the applicant has notltled we Lomnusston tnat all trees ana lnateriais co oe relnovea U0111 Ulu site have been marked. 34. All areas to be disturbed must be shown on a site plan that shall be approved by the Northampton Conservation Coininission. 35. Demolition of the existing buildings must be approved by the City of Northampton before any site work can begin. 36. Any tree removed over 5" Diameter Breast Height must be replaced with a native sapling. A ��—'EGISTEJ ATTEST: TIAMPSUME. t go �J C ��u�� bsLfER } K Massachusetts Department of Environmental Protection Bureau-of-Resource- Protection -- Wetlands -_ -_ - -" - fP l ile (Vurrlb�r 5 Ll WPA Form 3 -- Notice of Intent gg 1 � Nurnt�e� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 r10 � N ortham � - T x pton 1 City/Town - Important: A. General Information - When filling out forms on the computer, use only the tab key to move your — cursor - do not use the return key. 1 Imo! Note: Before D completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. J �J J D D J "J J `J J J ._J J 1. Project Location (Note: electronic filers will click on button for GIS locator): ---- Hay Road -- -- _ __ _____ - _. - - -_ -- _ _ - - -- - -- NorthamptoW -- - - - - - - -- - -- 01 06 - 0 -- a. Street Address b. Cityrrown c Zip Code Latitude and Longitude: /• d. Latitude 13 e. Longitude f. Assessors Map /Plat Number g. Parcel /Lot Number 2. Applicant: Henry Culver a. First Name b. Last Name c. Company 284 Wiliamsburg Road d. Mailing Address Williamsburg MA 01096 e. City/Town f. State g. Zip Code 413 268 -9055 h. Phone Number i. Fax Number j. Email address 3. Property owner (if different from applicant): ❑ Check if more than one owner a. First Name b. Last Name c. Company d. Mailing Address e. City/Town f_ State g. Zip Code h. Phone Number i. Fax Number j_ Email address 4. Representative (if any): a. Firm Alec MacLeod b. Contact Person First Name 10 Main Street 42 21 54 N 72 41 37 W c. Contact Person Last Name d. Mailing Address North Orange e. Citylrown 413 374 -8876 978 575 -0222 MA 01364 f. State g. Zip Code amacleod @mass.rr.com j. Email address h. Phone Number i. Fax Number 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $165.00 $70.00 $95.00 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid 6. General Project Description: Removal of metal and other debris generally scattered over a large area within Riverfront Area and buffer zone to BVW. Demolition and removal of two abandoned wood frame houses within the same area. - wpaform3.doc • rev. 3/29/05 Page 1 of 7 Massachusetts l3epartment of Environmental Protection -.Bureau-of Resource. Protection _7Wet1ands____________ WPA Form 3 - Notice of Intent -D Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 7) A. General Information (continued) 0 � M. M. a Mila t 006`1 - 016M , PRINT V Northampton City/Town D 'D D D D D D �J 0 7. Project Type Checklist a. ❑ Single Family Home c. ❑ Limited Project Driveway Crossing e. ❑ Dock/Pier g. ❑ Coastal Engineering Structure L ❑ Transportation 8. Property recorded at the Registry of Deeds for: Hampshire a. County 8588 c. Book b. ❑ Residential Subdivision d. [:] Commercial/industrial f- ❑ Utilities h. ❑ Agriculture —cranberries, forestry IIIIIIIM 207 b. Page Number N/A d. Certificate # (if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑ Yes b. M No 10. Buffer Zone Only - Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑ Yes - answer 11 below, then skip to Section C. b. No - skip to Section B. If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 11. Buffer Zone Setback — For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d. linear feet wpaform3.doc - rev. 3/29/05 Page 2 of 7 ME rd a RM Massachusetts Department of Environmental Protection 5 wo 5 g --Bureau of Resource -- Protection -- -Wetlands WPA Form 3 - Notice of Intent �� t T�N� Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton Cityfrown B. Resource Area Effects CD 0 0 0 0 0 0 0 0 U 0 C . ) 1. Inland 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. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. ❑ Bank b. ❑ Bordering Vegetated Wetland c. ❑ Land Under Online Users: Include your d. ❑ document transaction number (provided on yo u r o r receipt page) with all supplementary information you submit to the Department CD 0 0 0 0 0 0 0 0 U 0 C . ) 1. Inland 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. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. ❑ Bank b. ❑ Bordering Vegetated Wetland c. ❑ Land Under Waterbodies and Waterways d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding Riverfront area 1. linear feet 1. square feet 1. square feet 3. cubic yards dredged 1. square feet 3. cubic feet of flood storage lost 1. square feet 2. cubic feet of flood storage lost Beaver Brook 2. linear feet 2. square feet 2. square feet 2. square feet 4. cubic feet of flood storage replaced 3. cubic feet of flood storage replaced 1. Name of Waterway (if available) 1. Width of Riverfront Area (check one): F 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only 0 200 ft. - All other projects 2. Total area of Riverfront Area on the site of the proposed project: 542,500 Square Feet 3. Proposed alteration of the Riverfront Area: 37,200 14,880 22,320 a. Total Square Feet b. Square Feet within 100 ft. c. Square Feet between 100 ft. and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes Z No 5. Was the lot where the activity is proposed created prior to August 1, 1996? 0 Yes ❑ No wpafoffn3.doc - rev. 3/29/05 Page 3 of 7 Massachusetts Department of Environmental Protection - -- - - - Bureau -of Resource Protection - -- Wetlands--- - - - - -- -- - - - - -- - - - - - -- 2l� r D WPA Form 3 — Notice of Intent ��` „��f { 1�ocutp�nfT�a`bsa�#ign 1�urnb2ri _. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton Cityrrown =� B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including D standards requiring consideration of alternative project design or location. --) Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1. Square feet -� your receipt _J page) with all 2. Cubic yards dredged supplementary information C. ❑ Barrier Beach Indicate size under Coastal Beaches and /or Coastal Dunes you below submit to the Department. d. ❑ Coastal Beaches 1. Square feet 2. Cubic yards beach nourishment e. ❑ Coastal Dunes 1. Square feet - 2. Cubic yards dune nourishment _J f. ❑ Coastal Banks 1. Linear feet g. ❑ Rocky Intertidal Shores 1 _Square feet J h. ❑ Salt Marshes 1. Square feet 2. Sq ft restoration, rehab., or creation �1 i. ❑ Land Under Salt Ponds 1. Square feet D 2. Cubic yards dredged j. ❑ Land Containing D Shellfish 1. Square feet 2. Square feet restoration, rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and /or inland Land Under Waterbodies and Waterways, above J J 1. Cubic yards dredged i. ❑ Land Subject to Coastal D Storm Flowage 1. Square feet D 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ® Yes ❑ No If yes, describe which limited project applies to this project: 310 CMR 10.53(4) b. Limited Project J ___� wpaform3.doc • rev. 3/29105 Page 4 of 7 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 Northampton Cityrrown C. Bordering Vegetated Wetland Delineation Methodology D Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: �- - online Users: �. ❑- Final Order of Resource Area Delineation issued by Conservation Commission or DEP - Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) J number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page) with all 4. ® Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ® 50% or more wetland indicator plants submit to the Department. b. ® Saturated /inundated conditions exist `J c. ® Groundwater indicators d. ® Direct observation For all projects affecting other e. ® Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance J attach a narrative 5. Other resource areas delineated: expiaining now D . Other Ap Standards and Requirements the resource PP q area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State - Listed Rare Wetland Wildlife published by the Natural Heritage and J Endangered Species Program? a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife - 2003 Route 135, North Drive O b. Date of Map Westborough, MA 01581 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. ❑ Yes E] No If yes, include proof of mailing or hand delivery of NOI to: 0 Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 0 Boston, MA 02114 O b. 0 Not applicable- project is in inland resource area only 0 U 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? - U a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC wpaform3.doc • rev. 3/29/05 Page 5 of 7 �J r_t Massachusetts Department of Environmental Protection ___Bureau of- Resource Protection ..- Wetla_nds_ WPA Form 3 — Notice of Intent -� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/T D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? document -- -- transaction - a. ❑ Yes - -- ® No -- - - - - - - -- - - number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page) with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the 1 Department. b. Exemption D 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No _) If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. -� b. If no, explain why the project is exempt: D Riverfront Area clean -up only - creates no impervious surfaces. D D E. Additional Information D 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. 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as D a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. J 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). J 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. D 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. ;) 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. s. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. ^ l wpaform3.doc • rev. 3129/05 Page 6 of 7 ' U �1 Massachusetts Department of Environmental Protection J - Bureau _of -Resource -Protection -- Wetlands_ - -� NAPA Form 3 — Notice of Intent 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Fees Northampton City/Town D D The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and NOI Wetland Fee Transmittal — ---- Form). - — - - -- - -- - -: -- - — _ _ - - - -- - __ - - - - -- - - -- -- — --- - - - - -- -, - _ -- __ __._ 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 following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 1025 7/24/06 1. Municipal Check Number 1024 3. State Check Number William 5. Payor name on check: First Name 2. Check date 7/24/06 4. Check date McLoughlin 6. Payor name on check: Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that 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 e" r ue d) al u rs h" 00 feet of the property line of the projec locati n. ; 2 fj o.G ianature of Aoo cant Date Q%P- V"L i_ ; S_ d �t�6 Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city /town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office (see Instructions) by certified mail or hand delivery. (E- filers may submit these electronically.) Other: If the applicant has checked the "yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and 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. wpaform3.doc • rev. 3/29/05 Page 7 of 7 ALEC MACLEOD, ENV IR O NMENTAL SCIENTIST 10 MAIN STREET, NORTH ORANGE MA 01364 TELEPHONE AND FAX: (978) 575 -0222 PROJECT NARRATIVE NOTICE OF INTENT: RI VERFRONT AREA CLEAN -UP SITE DESCRIPTION D The project area consists of an area of land located along the east side of Haydenville Road in Northampton, Massachusetts. It is occupied by two broken -down wood frame houses and a large D amount of metal (and other) trash, mostly of agricultural origin. The land has relatively low relief and borders a wetland complex through which Beaver Brook flows. This Notice of Intent was required as partial compliance with an Enforcement Order issued and ratified by the Northampton Conservation Commission because the landowners had begun to -� remove trash and the houses within Riverfront Area and buffer zone to a Bordering Vegetated Wetland without a valid Order of Conditions. In the process, brush and small trees were cut and D pushed around, exposing soil and creating piles of brush within the resource area and buffer D zone. It is proposed to finish the work to clean up the Riverfront Area, including demolition and removal of the two houses and to stabilize the site, including removal of brush piles and most of `D the metal debris. This work is proposed as a Limited Project as described at 310 CMR 10.53(4). D Hydrology The hydrology of the project area is governed by the presence of Route 9 to the west and Beaver '1 Brook and its associated wetlands to the east. No evidence of overland flow was observed J during a site review conducted in mid -July. The on -site soils appear to be able to infiltrate all ti) rainfall actually arriving on the land, and there was no evidence of Beaver Brook flooding the adjacent land, despite very high levels of precipitation over the last year. D J Soils Sheet 9 of the SCS Soil Survey of Hampshire County, Massachusetts, Central Part show the soils _ beneath the study area to be Sudbury fine sandy loam, 0 — 3% slopes (SrA) and Walpole fine sandy loam, nearly level (Wa). The Sudbury series is not a hydric soil, and is described as deep J and moderately well- drained. The Walpole soil is hydric and though it has similar draining D characteristics as the Sudbury soil, it is more or less continually saturated to the surface. The soil descriptions fit the mapping and field distribution of the soils, such that field investigation shows J that the soil mapping was generally accurate, to at least the standard resolution of Soil Survey mapping. ` j Vege tatio J The forest community has, for the most part, apparently grown up since the houses were _ abandoned. This is apparent when viewing an iron wheel rim within which a tree has grown to -� about 6 inches dbh, and gauging the ages of other trees in comparison to that one. The dominant ��J ALEC MACLEOD, ENVIRONMENTAL SCIENTIST tree species are Sugar Maple — several of which are older yard trees, and Black Walnut. There ID are, oddly, many Black Walnut trees throughout the project area, some of which have attained r -� good form and harvestable girth. Black Cherry and the occasional Catalpa are also present. The shrub community reflects the domestic history of the site, including Lilacs, very large upright Yews, an old Quince, and the usual suite of invasives, including Japanese Barberry, Burning Bush Multiflora Rose - Bittersweet is- rampant- throughout the site, and- Japanese Knotweed -is -- - -- - -- thick along the wetland boundary. Daylilies and native herbs such as Goldenrods, Jewelweed and Ladyfern are also present. REsOURCE AREAS Bordering Vegetated Wetland (BVW) Bordering Vegetated Wetland extends eastward several hundred feet from the project area. It is associated with Beaver Brook and is more or less continually saturated to the soil surface. Bank Bank is found along Beaver Brook. Riverfront Area Riverfront Area begins at the top of the Bank along both sides of Beaver Brook. It extends westward to cover almost all of the project area. EXISTING CONDITIONS 1. Small trees and shrubs have been cut in areas within the overall project area. Some of the cut trees and shrubs have been pushed into piles, exposing topsoil as this was done. 2. Metal and other trash and debris is scattered thickly throughout the project area and has been present on the property for decades. Most of the metal is associated with past agricultural activity throughout the entire parcel. There are also old sawmill components, as well as an old Ford stake body truck. 3. Two houses are present and are in terrible condition. The southernmost of the two is falling into itself and is extremely unstable. The other house is more stable, but has undergone considerable deterioration as a result of exposure for decades to rain and melting snow. The houses constitute attractive nuisances, in that they invite exploration and pose potentially very serious liability issues. 4. Soils on the slope are stable and are not eroding into the wetlands and Beaver Brook. DESCRIPTION OF WORK 1. A sediment and erosion control barrier will be established at the limit of work. The limit of work be established at the wetland side of the closest piece of removable trash (some of the debris is not removable because trees have grown with the metal embedded within them. Project Narrative, Haydenville Road, Northampton, MA, Page 2 ALEc MAcLEOD EwiRoNmENTAL SCIENTIST Metal debris and trash will be removed with as little disturbance to existing vegetation and soil as possible. 4. Following trash and house removal, the project area will be seeded with a seed mix _._--appropriate for the-hydrology-of the-site.. -The ' -'Ne-w-England Roadside-Matrix. Upland-Seed- Mix" offered by New England Wetland Plants, Inc. in Amherst is such a mix and is proposed to be distributed here. The mix will be broadly distributed over the site, then mulched with strewn straw. ID PROTECT IMPACT The project is proposed to take place within Riverfront Area and buffer zone to Bordering Vegetated Wetland. The total amount of Riverfront Area on the property is 542,500 square feet, within which is shown a proposed work area of 62,000 square feet. However, the work area shown on the accompanying site plan is an envelope within which the two houses and the generally scattered trash will be removed. Not all of this work area will be impacted by the clean-up; in fact, the numbers shown on Form 3 are based on work taking place within 60% of the delineated work area, an estimate that is intended to be quite generous. After the work is complete, all the existing trees on the site will remain, other than trees that have to be cut to gain access for the house removal operations. There will be no more scraping of the ground within the work area, and all areas of exposed soil will be re-seeded and mulched with strewn straw, as 0 described above. 0 1 0 0 0 0 0 0 0 0 0 0 Project Narrative, Haydenville Road, Northampton, MA, Page 3 2. Metal debris and trash will be removed with as little disturbance to existing vegetation and soil as possible. 4. Following trash and house removal, the project area will be seeded with a seed mix _._--appropriate for the-hydrology-of the-site.. -The ' -'Ne-w-England Roadside-Matrix. Upland-Seed- Mix" offered by New England Wetland Plants, Inc. in Amherst is such a mix and is proposed to be distributed here. The mix will be broadly distributed over the site, then mulched with strewn straw. ID PROTECT IMPACT The project is proposed to take place within Riverfront Area and buffer zone to Bordering Vegetated Wetland. The total amount of Riverfront Area on the property is 542,500 square feet, within which is shown a proposed work area of 62,000 square feet. However, the work area shown on the accompanying site plan is an envelope within which the two houses and the generally scattered trash will be removed. Not all of this work area will be impacted by the clean-up; in fact, the numbers shown on Form 3 are based on work taking place within 60% of the delineated work area, an estimate that is intended to be quite generous. After the work is complete, all the existing trees on the site will remain, other than trees that have to be cut to gain access for the house removal operations. There will be no more scraping of the ground within the work area, and all areas of exposed soil will be re-seeded and mulched with strewn straw, as 0 described above. 0 1 0 0 0 0 0 0 0 0 0 0 Project Narrative, Haydenville Road, Northampton, MA, Page 3 CJ V Figure 1. A pile of metal debris. Project Narrative, Haydenville Road, Northampton, MA Page 4 Figure 2. Some trees and shrubs have been cut, uprooted and pushed into piles. . ......... ........ Ao Y i4rl; .. f ,kid tk _ p g � � : ?; t � y s ,,• � ��`'i�� ,p"n��! crt �'af � s. r - �, � �6 i#F a fiP^��•��! 4 v � 3 � t��fi� ��ff r`°e "YY �, ` �'a�r P>r l.M�' :d 'K....� i�,.i ,� fit �♦'�' -; { As'"`'` 4r ' f"' td':,,. : ` s d i N r" '�`" v�'tT' °ot'' r ._. .. IS Jg # 4 ,.' x' r�; � 3 ai } S ` �,s ; .tf .,w 4�a; �� y `< ♦., A T JL.EC MAcLEOD, rNVIRONMENTAL SCIENTIST T Y J7 M 0 0 0 0 0 0 0 L IKE Ha S _ PR OJECTT: ITE J, Il-kit ,fit l j,'4, _Y it r,= # 'llsi i��` _ f ♦ f w>�t - 7 3 t , . { . i i ! 1 { + J ^= Z_ V cz. j, rj W ;j l ; . i 4 Ld P ,1 1 J. .7 P7 &drz, f 1 4 j 7t 517 - 1 �.' `i �+. ',.. � �. :�`� '1 +`#. i�T.�d ''dw�fw #r x f:5 � (�1 � ': ! I � ",r + il� r t �t V k A I V3 V , iv 5 �3 t zt - , if 0 Z - '.1 � ' 1Y t.L� 11; 1 5l ; i .41f, -4 4 , j i I kpi m I ry G)Oft, - RIA Natural Heritage and Endangered Species Atlas, 2003 CD edition. Data source: MassGIS, Commonwealth of Massachusetts Executive Office of Environmental Affairs, NHESP 2003, Estimated Habitats of Rare Wildlife and Certified Vernal Pools. For use with the Massachusetts Wetlands Protection Act. 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 U ALEC MAcLEOD, ENVIRONMENTAL SCIENTIST F.3 Hgc: SCS Soil Survey of Hampshire County, Massachusetts, Central Part, Sheet 9 (Swenson, 1981). ALEC MACLEOD, ENVIRONMENTAL SCIENTIST KEY TO ON -SITE SOILS Map Symbol SrA Wa 0 0 C CD 0 0 I-- 1") 0 0 0 0 0 0 0 0 _Haydenville Road, Northampton, Mass. Soil Survey of Hampshire County, MA, Central Part, Sheet 9 Soil Name % Slop Kydric? Sudbury fine sandy loam 0-3% No Walpole fine sandy loam nearly level Yes CONDENSED VERSION OF THE FORESTRY CONSERVATION MANAGEMENT PRACTICES FOR WOOD TURTLES For the full version of the. forestry conservation management practices including the management. objectives and the rationale supporting them, see page 16. Species Identification and Biology - The Wood Turtle.is a medium -sized turtle that can be recognized by its sculpted shell and orange coloration on the neck and front legs. It spends the winter in perennial streams and rivers. During the. active season from March until November, it uses terrestrial habitats bordering streams. Females are more terrestrial than males and move farther away from streams. Wood Turtles do not reproduce until they are older than a decade and adults can live . at least 50 years. Forestry Practices - These management practices are based on the recognition that turtle conservation in general requires minimizing all sources of adult mortality. Wood Turtles specifically require maintenance of river or stream habitat in association with forested areas. R. — required management practice G— guideline or recommended management practice R. Motorized vehicle use, consistent with the Massachusetts Forestry Best Management Practices, within the 600 -foot forested corridor on either side of perennial streams, brooks or rivers identified as Priority Habitat for Wood Turtles may proceed according to the following time and. - distance requirements: Distance from stream edge (feet) Time periods when access with *Distance restrictions may be extended beyond 600 feet to a maximum of 1000 feet for habitat features such as wetlands and nesting and early - successional habitat. R. The boundary of the 50, 300, and 600 -foot management areas from the perennial stream shall be clearly identified by flagging or marking prior to cutting plan approval and harvesting if harvesting occurs between April 1 and October 31. R. All perennial stream crossings shall be temporarily bridged. Bridges shall be laid down across streams prior to any motorized equipment crossing it. R If the harvesting area must be accessed by motorized vehicles for activities, `such as preparation of the site, stream bank stabilization or clean -up work, outside of the allowable time periods, then a service forester and the NHESP must be contacted. Before the site is accessed, a response from the NHESP shall be obtained in order to determine that no adverse effects to Wood Turtles will occur. If NHESP does not respond within 10 business days, then the service forester shall presume that uo special action is required. . motorized vehicles can occur 0-50 Nov. 15 —February 28 50-300 Nov. 1— March 31 300-600 Oct. 15 —May 15 600-x- No restriction unless specified conditions exist* Massachusetts - a partment of Environmental Prot. don Bureau of Resource Protection - Wetlands DEP File Number: WPA Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important, hri When filling out forms on the computer, use only theta l! key to move To: your cursor - do not use the return key. tab A. Violation Information Northampton June 13, 2006 .Conservation, Commission (issuing Authority) --- Amended June 22, 2006 ,Harry Culver Name of Violator 284'Williamsburg Road, Williamsburg, MA 01096 Address Location of Violation: Harry Culver Property Owner (if different) Parcel off of Haydenville Road Street Address Northampton City/Town 06 01060 Zip Code 13 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Altering Riverfront Area and buffer zone to Bordering Vegetated Wetlands B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: N the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). Scanned Digitized wpaform9ei.doc - rev. 7114104 Checked Page 1 of 4 Massachusetts ,Apartment of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands -- WPA Form - 9 --.;- Enforcement Order - - - -- --- -- - ---- --- - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) E—the-activity-has-been-/is-being-conducted-'in-an-area-subject-t-e-protect-ion-u-nder-e.-1-317§-40-or-t-he buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: ---- --- -- -- Name Dated File Number Condition number(s) F The Order of Conditions expired on (date): Date F The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to IVIGL c.131 s.40. ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): Z The property owner,, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. F Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. . wpaform9a,doc - rev. 7114/04 Scanned Digitized Checked Page 2 of A -` -�+� ` 88 � �O� �� Environmental Massachusetts �� Bureau QfResource Protection -Wetlands WPA Enforcement Order__ _ Massachusetts Wetlands PFDt8Cf(Vn /\O[ M.G.L. O. 131. §40 C. Order /C0nt.\ dete the attached Notice of Intent (N or before: DEP File Number: ,. The NOI shall be fi led with the Issuing Authorit� on Dote��__�� for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. The property owner shall take the following action (o.8., erosion/sedimentation controls) to prevent further violations nf the Act: By July 31, 2006, submit a Notice of Intent to the Northampton Conservation Commission detailing the work that has been completed to date and any work that the applicant would like to conduct within the resource area Vr buffer zone to the resource area Failure bo comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131. Section 4O provides: "Whoever violates any provision ofUhkasoution(a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute o separate offense. D,Appeals@S An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental P[ohection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Bruce W. Youn Name 413-587-1263 Phone Number Hnurs8JoyuAvolable N orthampton Issued by: Conservation Commission Conservation Commission signatures required on following page. Scanned Digitized Checked *poformya.u=' rev. /n4/04 Page o*+ Massachusetts , L,epartment of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands -- - WPA - Form 9- Enforcement Order - - -- - - - - -- - - - - - - - -- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals /Signatures (cont.) ln situation - regarding - immediate action; an Enforcement erder may - be - signed - by - a - single - member - or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Sianatures: Scanned Digitized Checked wpaform9a.doe • rev. 7114/04 Page 4 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA-Form 8A — Request for Certificate of Compliance 246-592 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP L A. Project Information Important : -� A is bein made b forms on the Northampton Office of Planning and Development computer, use Name only the tab 210 Street key to move your cursor - Mailing Address do not use the Northampton MA 01060 return key. City/Town State Zip Code 413-587-1265 Phone Number Z This request is in reference to work regulated by a final Order of Conditions issued to: Henry Culver Applicant 8/24/2006 246-592 Upon completion of the work 3. authorized in an Order of Conditions, the property owner must request a Certificate of 4. Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily. completed. Certificate (if registered land) 5. This request is for certification that (check one): Dated The project site is located at: Street Address Assessors Map/Plat Number DEP File Number City/Town Parcel/Lot Number The final Order of Conditions was recorded at the Registry of Deeds for: Henry Culver Property Owner (if different) Hampshire 8924 County Book N the work regulated. by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). F the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc — rev. 7/13104 Page I oft Massachusetts Department of Environmental Protection DEP He Number: Bureau of Resource Protection - Wetlands. WPA Form 8A — Request for Certificate of Compliance - 246-592 - - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided b DEP A. Project Information (cont.) - 6. Did the Order of Conditions for this or the portion of project subiectto this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http: / /www. mass. qov /dep /about/region /findvour.htm wpaform8a.doc -- rev. 7/13/04 Page 2 of 2 = _ The Order allowed for work associated with the removal of two dilapidated houses within RFA to Beaver Brook, at what is now the Beaver Brook/Broad Brook Conservation Area. Work was completed as permitted, with some minor changes: This was installed as indicated, and then removed when work was complete 2) Removal of metal debris and trash As much trash and debris as possible was removed. Some embedded debris remains, but removal would have caused site disturbance and required tree cutting. 3) Demolition nf the houses and removal of debris from site This was complete. 4) The application indicated that the project area would be seeded with a roadside mix. Instead, the Conservation Commission received a grant for comprehensive invasive species neolova|and native plantings. This work is ongoing. Special Conditions: Condition 31 required submittal a plan stamped by an engineer or surveyor. Due to the nature ofthe work, a waiver from this condition is requested. Condition 33 required that trees and materials toberemoved be marked with paint, and the site inspected. This was completed in201O. Condition 34 required that a site plan showing areas tobe disturbed be approved bythe Commission. It does not appear that this was complete, but disturbed areas were limited to the former house sites. Condition 35 required that demolition be approved by the building department. Demolition permits were issued. Condition 36 required that any tre over S"DBH removed bereplaced with a native sapling. No trees greater than this size needed to be removed.