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53_005 525 Mt Tom Rd WETLANS determination 1997Doc. 910011558 OR /5116/0259 08/12/199115;22 310CMR 10.99 DEP File No. 246 -402 (To be provided by DES) Form 5 City /Town Northampton Applicant Tenneco Packaging Corp. Commonwealth Map # 5 Parcel # 53 of Massachusetts Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, 940 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: Tenneco Packaging Corporation Tenneco Packaging Corp. Name of property owner Name of Applicant 525 Mount Tom Road Northampton MA 525 Mount Tom Road Northampton Address Address This Order is issued and delivered as follows: [ ] by hand delivery to applicant or representative on (date) [X] by certified mail, return receipt requested on' This project is located in Northampton at 525 Mount Tom Road. The property is recorded at the Registry of Hampshire County Book 1343 Page 472 Certificate (if registered) N/A The Notice of Intent for this project was filed on February 12 1997. The public hearing was closed on March 24, 1997. Findings: The Northampton Conservation Commission has reviewed the above - referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Conservation Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): [ ] Public water supply [X] Flood Control [ ] Land containing shellfish [ ] Private water supply [X] Storm damage prevention [ ] Fisheries [ ] Ground water supply [X] Prevention of pollution [ ] Protection of Wildlife Habitat Total Filing Fee Submitted $525.00 State Share $ 250.00 (1/2 fee in excess of $25) City Share $ 275.00 Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5 -1 (memorex \wpVconseom \order.ec) Doc; 910011558 OR /5116/0260 08/12/199115;22 Therefore, the Northampton Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above. The Conservation Commission orders that all work shall be performed in accordance with said 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. General Conditions 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, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. S. 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, containing 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. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings, before the Department have been completed. B. No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of 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 to be done. The recording information shall be proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. page 5 -2 (memcrex \wpVconscom \order.cc) Doc, 910017558 OR /5116/0261 08/12/199115;22 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the works, "Massachusetts Department of Environmental Protection, File Number 246 -402 1. 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: PLANS TITLE DATED SIGNED & STAMPED BY: 12/06/96 Bruce A. Coombs rev. Mount Tom Road. Sheets X7732 12/13/96 Eric M. eernardin A -1 and 7732 -A -2. All Plans on File with Northampton Conservation Commission Special Conditions: 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity; 14. No area within the 100 year floodplain, any wetland, or area within 100 feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310 CMR 10, and City of Northampton Ordinances - Chapter 24, shall be permissible disposal sites, unless such areas are specifically approved by the Commission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts ". Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; page 5 -3 (memorex \wp \conscom \order.cc) Doc: 910011558 OR /5116/0262 08/12/199115:22 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance ". They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 20. This Order of Conditions shall apply to any successor in interest or successor in control; 21. The contractor is as responsible as the applicant and property owner for any violations of the Orders of Condition and penalties under the law, while all activities regulated by this Order are being performed. A copy of this Order and associated plans shall remain on site during all construction and /or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is securing on site. A copy of the plans and Order must always be on -site and in all excavating machinery when work is being performed; 22. All required permits must be obtained from the Planning Board, Zoning Hoard, Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. The owner of the property described in this Order, must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require action by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain similar language as follows: "This property may be subject to the Northampton Wetlands Protection Ordinance, Wetlands Protection Act, an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission "; 24. Upon completion of the project, the Applicant shall submit a certification that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. If checked: [X] YES Certification shall be by a Professional Engineer. page 5 -4 (memorex \wpAccnseomVorder.ec) 25. If checked:[ X] YES Doc: 970017558 OR /5116/0263 08/12/199115;22 An "As Built" plan shall be included with the project engineer's certification, detailing the post - development conditions of the site: PLAN CHANGES: 26. Any change or deviation from the Notice of Intent, plans and /or Order of Conditions approved by the Commission, prior to or during construction, shall require the applicant to file a request for an amendment with the Conservation Commission. It shall include a written inquiry as to whether or not the change is substantial enough to require the filing of a new Notice of Intent. After making a positive determination, the Commission shall conduct a public hearing for the purpose of amending the Order or to issue a new Order, if a new Notice of Intent is required. WETLAND BOUNDARY /DELINEATION: 27. The wetland boundary delineated /in the field and /or shown on the plans, has not been accepted or approved by the Conservation Commission, through the issuance of this permit. PRE - CONSTRUCTION REQUIREMENTS, 28. Prior to the start of any site work, excavation or construction, a preoonstruction 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. 29. Cutting of trees located within the compensatory storage area shall be allowed prior to installation of the siltation barrier, as long as stumps are not removed or unearthed. 30. All silt fencing and erosion control shall be installed prior to removal of stumps and shrubs within the compensatory storage area. REQUIREMENTS DURING ACTIVE CONSTRUCTION: 31. No material removed for the compensatory storage requirement shall be utilized as fill material on the site, and material shall be disposed of properly. Copies of the disposal receipts must be submitted to the Conservation Commission, prior to requesting a Certificate of Compliance. 32. Haybales /silt barriers shall be inspected at the close of each work day, and after each rainstorm. Any breaches in the siltation barriers shall be repaired prior to the continuation of work. VEHICLE ACCESS /STORAGE: 33. All equipment shall be operated, parked, and maintained in such a manner that will prevent potential alteration of the wetland /resource area and buffer zone. CLEAN UP BEYOND LIMIT OF WORK: 34. Any foreign material located on the surface of the ground beyond the limit page 5 -5 (memorex \wp \conscom \order.cc) Doc; 910011558 OR /5116/0264 08/12/199115;22 of work, shall be removed by hand or pulled out with the use of chains. No heavy equipment shall be allowed beyond the Limit if work. EROSION AND SEDIMENTATION CONTROL 35. Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. 36. Erosion control devices shall be inspected regularly. Any entrapped silt shall be removed to an area outside the buffer zone and wetland resource areas, and hay bales or other devices shall be replaced as necessary. 37. During all phases of construction, all disturbed or exposed areas shall be brought to finish grade and either: a) loamed and seeded for permanent stabilization, in accordance with U.S. Soil Conservation Service procedures; or b) stabilized in another way approved by the Conservation Commission. Areas that cannot be permanently stabilized within 30 days of disturbance shall be stabilized by temporary measures acceptable to the Conservation Commission. 38. I£ soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established, following Natural Resources Conservation Service (NRCS) procedures, to prevent erosion and sedimentation. If the season is not appropriate for plant growing, exposed surfaces shall be stabilized by straw, jute netting, or other NRCS- approved methods. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. 39. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: 40. The area excavated for compensatory storage, as shown on the plan entitled "Project: Tenneco Packacing, Inc., Northampton, MA.," prepared by Associated Builders, Inc., dated December 16, 1996, shall be replanted and maintained in a naturally vegetated state. The applicant shall submit a list of plantings to be used in revegatating the area. ........+.+.+ n........+ ............. ...........n................... �........... page 5 -6 (memorex \wp \conscom \ordsr.cc) 3I0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued _ Issued by Nora on Conservation Commis Signalure(s) m Tlu � m Order must be signed by a majority of the Conservation Commission n On this �L� _ _____.. day of I_ 19 �� }' , before me pertonatly � appeared l )q t I ' -Yit) tome known to be the person described in, and who executed, t� the foregoing instrument, and s acknow l edged that he /she executed the same as his/her free act and deed. ti Notary Public / � My omrrfissron Expires The applicant, the owner, any person aggrieved by this Order, any owner of land abumog the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, ate hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR t0.03(7) within ten days from the date of issuance of this determination. A copy of the request shall at the same tune be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach an domed line aad submit to the ten Co. prier to commencement of we To __ _. Issuing Authority Please be advised that the Order of Cond,t in for the 11ect.1 — I'heNumber_ — — _ hasbeenrceordedarthe Regisnyof _ has been noted in the chain of title of the affected property in accordance with Geneal Condition 8 on If tecotded land, the insnumem number which identifies this pan sactian is If registered land, the deco number which identifies this oartach on is _ Signature..__ and 19 Applicant 41 /94 310CMR -422 422 Doe: 970011 F OR /5116/0266 08/12/199115;22 Checklist for Review of Activities in the Riverfront Area The Department of Environnienml Protection (DEP) recommends that conservanon commissioners consider the (olLawing checklist of question when reviewing information provided by applicu?lm it? the Notice of Intent Supplemental Form for Riverfrom Area. For mom information, refer to the "Guidance for lmplernemation of the Rivers Protection Act Amend- ments to the Wetlands Protection Act" issued by DEP in November 1996. Geographic jurisdiction Is there a nver or stream on or near the project site? y f Has the mean annual high -u -at, line been 11,111,11, delineated? }}}� Have the]n rr no, and Outer Riparian Zones been correctly delineated? ,,,,�a,,,,���� ��( "• - -'I -1 / ` Have all other resource areas within the Riverfront Area been correctly delineated? Activity jurisdiction Is the proposed work exempt or grandfathered under the Rivers Protection Act? % It e1,, have copes of appropriate documentation leg, copy of Nte building permit) been included 2 f-t�� [Note: The filing of the Notice of Intent and the Supplemental Form for Riverftom Area assumes the project is subject to the Wetlands Protection Act. If the proposed work is exempt or grandfatbered from the Rivers Protection Act, follow standard NOI review procedures for other wetland resource areas.] q Application of performance standards No Practicable alternatives: The goal ofevaluatbng project alternatives is to lderth any options for locating a project so that impacts to the Riverhm, Area are avoided or minimized to plamuing a project, the applicant mist consider different options that would meet ibis goal. Alternatives that would result in greater or equal adverse impacts should not evaluated. When reviewing project alternatives, consider. 'XJ What is the project purpose? IY ('c, , ) " �-( °` �41'. ri tt, 0 dz �Z( How much alteration of the Riverfront Area is proposed? -L _ Could th @project be located outside the Riverfront Area? h t �y Could the project be located further from the riveror stream? f ( " n: d. L ; _ e_ _ DEP has determined that the scope of alternatives considered should reflect the size and type of project and has estab- lished guidelines which spell out the required range of alternatives for consideration based on project type. For exmnple: for a single family home on a lot that existed as of August 1, 1996, the alwntatives would be different locations on the lot. for a small commercial project such as a coffee shop, the alternatives should consider currently or formerlyyowned adot cent lots as well as different locations and designs on the lot. Use the guidelines attached to the checklist to verify' that the correct project category was selected and the appropriate scope of alternatives was considered. Has the applicant done an appropriate alternatives analysis based on the project purpose? (over) Doc: 910011559 OR /5116/0261 08/12/199115,22 Are any alternatives pracncablis KJ ( , Are any alonvotwes technically feasible (i e., are they possible given the physical site conditions or local zoning requirements)? • Do any alternatives increase the cost of the project? Is the increase in cost reasonable for that type of applicant in general, not the applicant in particular? For example, is the added cost of an alternative reasonable to expect for a builder of a single family home, not wr Mrs. Hanson or Mr. Talbot in particular? To evaluate whether the cost of an alternative is reasonable, compare the costs of similar projects recently proposed by similar types of applicants. Will any practicable alternatives have Tess adverse impacts on the Rirerfront Area? 4 Practicable alternatives with less adverse impacts must be selected. If a practicable alternative would have no identifiable difference in impact, the proposed project rather than the alternative should be allowed, but the no significant adverse impact standard (see below) must still be met. No significant adverse impacts: • How much alteration is planned in the Inner and Outer Riparian Zones of the Riverfront Area? Ti?_ lbcu 'it '4 • Doti the project meet the specified criteria? X meets performance standards for all other resource areas? V {' $,1 undisturbed vegetation in the 100-fool Inner Riparian Zone (15 feet m 25 -fog Rr;crfront Area) t alteration in the 100-foot Outer Riparian Zone limited to 5,000 square feet or 20 %c whichever is treater* n Yf - meets performance standards for stormwaler management* *? �� no adverse effects on rare species or certified vernal pools? 4 If the project meets these criteria and there are no practicable alternatives, the project should be approved with any necessary conditions. Certain types of activities evaluated an a case -b)' -case basis nuiy not be able to meet the criteria above and yet still map /tm no significant adverse impacts on the Rirerfront Area. These projects may include footpaths, minor landscaping, or redevelopment ofa previoudp developed site. As with other aspects of the Wetlands Protection Act, the issuing authority has the discretion to make decisions on a case by case basis. This step involves art assessment of the applicant's demmn- ereation that the project will have not significant adverse impact even though one or more of die criteria were not met F " If any of the criteria are not met, will the project have significant adverse impacts on the Riverboat Area? U() X� Has the applicant identified precautions, design considerations, and construction techniques that will avoid and/or minimize impacts to the Riverfont Area? [Note: Projects on single family house lots that existed prior to August 1, 1996 should meet the performance standards noted above wherever possible. However, applicants should minimize all project impacts if perfoniance standards cannot be met.] 4 If the conservation commission agrees that there are no practicable alternatives and the project will have no significant adverse impacts on the Riverfront Area, the project should be approved with any necessary conditions. - This pmernam oandard.swerved fen he 10 fun Out¢Ripaiac @t Rr,urrnt Arcsis 25 fret. °The Depsnvvni e SmsmwaterMOnsgemenl polity idenG[ce ninepu1drmena aendatli fornormwatermvisgement. $0npwallY nwiagemem ix nut required f u singic fancily houeae and small subdivision rngeels aaleser6cd In tbepah, ATTESTS HAMPSHIRE. % 1= :Y[.:x^ft- -r..!k'Rw^ N>_., ._ MA1:iFu�Ne L. DGt1GRUE -.