34-004 (3) BUFFERS
49. Permanent round plastic buffer tags must be placed at the edge of the 100' buffer shown
on the plans. These shall be staked no more than 25' apart and 6' off the ground. Plastic
tags shall be bright orange or red and be labeled as "Work Limit Line". These shall be in
place prior to re-starting quarry operations.
50 Round plastic buffer flags, (as noted in Condition 49 above) must be placed 100' from the
vernal pool, including the area on top of the quarry face that is within 100' parallel to the
edge of the pool itself.
5
40. Wetland flags should be adjusted to indicate new boundary that includes the 220' (as
identified in Condition 39 above) on either side of the crossing.
41. Deteriorated drain pipe shall be replaced from the channel of"second crossing", east of
the vernal pool.
42. Applicant shall stabilize and hand place stone along access road leading north from
"second crossing".
43. All garbage shall be removed from buffer and wetland resource areas including old tires
and oil drums.
44. Because of the concern that the quarry operations may effectively be blocking water
from entering the wetland resource area on site,hydrologic conditions shall be
monitored annually by an engineer. A report of changes in drainage characteristics
shall be submitted to the Commission at the end of each quarry season or by January
15 of each year at the latest. The report shall indicate any changes in flow to the
wetlands due to topographic changes and removal of rock. Three ground water
monitoring stations shall be placed along the intermittent stream through the property.
One shall be placed upgradient from the quarry operations (proximate to the top of the
watershed) as a control point and one shall be placed on each side of the "saddle" that
runs out of the quarry toward the intermittent stream. Monthly readings of water
levels shall be taken from each station and included into the annual report. A report
of monthly rainfalls should also be incorporated into this report.
VERNAL POOLS:
45. Temporary stabilization measures shall be placed and sedimentation barriers shall be
designed to provide a gradual slope or berm over which amphibians may pass.
46. Erosion control devices shall not block passage between uplands and vernal pools
between the dates of March 1 and June 1, nor between September 1 and October 15. Any
silt fencing or other devices that could block amphibian migration to or from the pools
during these periods shall be removed and all exposed soil surfaces stabilized.
47. The entire 100' buffer surrounding the vernal pool shall be restored in accordance with
the plans "Buffer Zone Restoration Planting Plan" submitted June 12, 2002 by New
England Environmental, Inc.
48. No blasting, rock removal, or other disturbance/activity shall take place (northeast of the
vernal pool) beyond the area identified as future expansion in the stormwater calculations
r ort.
4
Turkey Hill Road.
VEHICLE ACCESS/STORAGE:
33. No motorized/construction equipment is to enter or cross a wetland resource area at any
time, unless the location of entry or disturbance is clearly indicated on plans and within
information contained within the Notice of Intent and approved with the issuance of this
Order of Conditions. All motor vehicles must use the existing crossing where the berms
are located.
34. All motorized/construction equipment shall be operated,parked, and maintained in such a
manner that will prevent potential alteration of the wetland/resource area and buffer zone,
except as approved within this Order of Conditions. All equipment must be operated to
prevent alteration of the resource area.
35. All equipment shall be stored outside of the 100-foot buffer zone at the close of each
work day, in an area which shall be clearly identified on the plans, and physically located
in the field through use of flagging and/or a construction barrier. All equipment must be
stored outside of the 100' buffer.
WETLAND REPLICATION AND IMPROVEMENTS:
36. A report of the success of re-vegetation activities shall be submitted to the
Conservation Commission, by a qualified wetlands scientist on the following
schedule: October 2001, and October 2002.
37. If more than 50% wetland vegetation has not been established after one growing season
(1 year), then additional plantings and/or changes to the wetland restoration plan shall be
submitted to the Conservation Commission for consideration and approval.
38. If more than 75% wetland vegetation has not been established after two growing
seasons (2 years), then additional plantings and/or changes to wetland restoration plan
shall be submitted to the Commission for consideration and approval.
39. Increase replication area around first crossing to compensate for the apparent road
crossing expansion. Total disturbed area is not precisely known, but the total crossing is
approximately 95' (linear)x2' width x2 sides of the road. This total is approximately 380
square feet. With replication being 115%by ordinance, Valley Aggregates should
expand the boundary of the wetlands by—440 square feet. The replication should be
distributed on both sides of the crossing with approximately 220 square feet of replication
on each side of the culvert. Replication should consist of the same mix indicated in the
Notice of Intent.
3
installed, also;
PRE-CONSTRUCTION REQUIREMENTS:
25. The applicant shall notify the Commission in writing of the name, address,business and
home telephone numbers of the project supervisor and/or contractor who shall be
responsible for ensuring compliance with the conditions in this Order(the same person
may be designated to conduct this work as well as work to report maintenance of
detention facility). _
See also Conditions# 28, 47, 49 & 50.
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
26. Wetlands and buffer flags shall be checked by the wetlands scientist and replaced as
necessary for the duration of the quarry operations. These flags shall be checked on a
monthly basis. A report shall be submitted at the end of the season indicating that the
wetland scientist has checked the flags during the quarry season.
EROSION CONTROL CONDITIONS:
27. Gabion berms shall be maintained free of sediments. Sand and other debris must be
removed/excavated from the wetland crossing when half of the height of the berm is
covered by sand and debris.
28. Surveyed as-builts of all permanent sedimentation basins must be submitted prior to the
beginning operations to the Office of Planning &Development. (includes basin at the
entrance of site)
29. Maintenance of stone entryway shall be in accordance with specifications within
maintenance plan page 5 (submitted February 1, 2001)
30. All maintenance and construction of mobile sedimentation basins, rock lined channels,
and check dams shall be constructed in accordance with maintenance plan submitted
February 1, 2001 by New England Environmental. All permanent basins must be cleaned
out at least once per year.
31. An engineer shall perform monthly monitoring to ensure that mobile erosion control
measures are sized and located appropriately. The name of the engineer shall be
submitted to the Commission before beginning operations. Reports shall be submitted to
the Commission at the end of every season (by January 15th at latest), with a map showing
the extent of excavation during that season as well as documentation of clearing of all
sedimentation basins located on the site.
32. All runoff must be contained on site and no unfiltered runoff shall be directed onto
2
AMENDED
"ATTACHMENT B"
18. The owner of the property described in this Order must advise any potential buyer of the
property that any construction or alteration to said property, including brush cutting or
clearance, may require approval by the Northampton Conservation Commission.
Any instrument conveying any or all of the owners' interest in said property or any portion
thereof, shall contain language similar to the following:
"This property is subject to the Northampton Wetlands Protection
Ordinance and/or Wetlands Protection Act. Any construction or
maintenance work performed on this property requires an Order of
Conditions, and/or a Determination of Applicability from the Northampton
Conservation Commission".
1 A copy of this Order and associated plans shall remain on site during all construction
and/or building activities. The project manager and all equipment operators shall be
familiar with the approved plans, and shall be informed of their location on the site.
This location shall be accessible to all contractors whenever work is occurring on
site.
20. All required permits must be obtained from the Army Corp of Engineers (Section 404,
Water Quality Certification), Planning Board, Zoning Board, Department of Public
Works, or Building Inspector prior to the start of projects involving fill within any
wetland resource area.
21. No disposal of soils or other materials shall be allowed within: a 100-year floodplain; 40
feet of the 100-year floodplain elevation; any wetland; or any area within 100-feet of a
wetland, unless such areas are specifically approved by the Commission, in accordance
with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24.
22. All revised plans, referenced within this Order of Conditions, shall be approved by the
Conservation Commission and incorporated into this Order by reference and shall be
followed during the course of construction.
23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance
are as follows: This is a maintenance Order of Conditions for ongoing work.
24. Prior to the start of any site
excavation or construction, a preconstruction
conference shall be held on the site,between the contract usoLducti e work the
site project engineer, the applicant, and am ember or agent of the Conservation
ommission, 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
i
AMENDED
"ATTACHMENT A"
DOCUMENTS:
1. Notice of Intent dated December 11, 2000;
2. Additional information for Valley Aggregates, Notice of Intent dated February
�- 1, 2001, and
3. Drainage Calculations dated April, 2001 with Appendix B (quarry expansion
stages).
PLANS:
1. "Valley Aggregates Wetland Location Plan, Turkey Hill Road, Northampton,
MA, Sheet 1 of 1,Base Plan Information prepared by Almer Huntley Jr. &
Associates, dated 1/31/01. Wetlands Delineated by New England
Environmental, Inc and revised December 4, 2000 and January 3, 2001.
2. "Wetland Restoration Plan, Valley Aggregates, Northampton, MA" Sheet No.
2 of 2, prepared by New England Environmental, Inc. dated 12/5/00.
3. "Sedimentation Basins South of Wetland, Turkey Hill Quarry, Northampton,
MA", prepared by Almer Huntley&Associates, dated June 14, 2001.
4. "Wetlands Delineated by New England Environmental, Inc., Valley
Aggregates, Turkey Hill Road,Northampton, MA", Sheet 1 of 2, prepared by
Almer Huntley, Jr. & Associates, Inc., dated April 9, 1987 and revised by
New England Environmental, Inc. on 12/4/00.
5. "Valley Aggregate Wetland Location Plan, Turkey Hill Road, dated February
1, 2001.
6. "Buffer Zone Restoration Planting Plan, Valley Aggregates,Northampton,
MA" Sheet 1 of 1,prepared by New England Environmental, Inc., dated
June 5, 2002.
7. "Monitoring Well Locations, Valley Aggregates, Northampton, MA" Sheets
1, 2 and 3,prepared by New England Environmental, Inc., submitted to the
Northampton Conservation Commission on June 12, 2002 and approved on
June 13, 2002.
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 246-484
Provided by DEP
(Amended)
-'' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
Northampton
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Turkey Hill Road 246-484
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
WPA Form 5 Page 7 of 7
Rev.02/00
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
3 WPA Form 5 - Order of Conditions 246-484
Provided by DEP
(Amended)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Northampton
Conservation Commission
WPA Form 5 Page 6 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
-484
246
5 WPA Form 5 - Order of Conditions (AMENDED) Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
July 2, 2002
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
Signatures-
On Thirteenth Of June, 2002
Day Month and Year
before me personally appeared '��,,.►``'��S�CH + ��''''�.,���
• ►IRRj•• '.�
The above-named Mason Maronn
=s h fir.!
to me known to be the person described in and who executed the foregoing instr�r)exj atf' =
ackno.Vledged that he/she executed the same as his/her free act and deed. o :e® . 'a =
Notary Public My Commission Expires 1C `' ,•`•`
This Order is issued to the applicant as follows:
❑ by hand delivery on X❑ by certified mail, return receipt requested, on
July 2, 2002
Date Date
Date sent to DEP: July 2, 2002
WPA Form 5
Rev.02/00 Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber:
ri WPA Form 5 - Order of Conditions 246-484
Provided by DEP
(Amended)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See additional conditions "Attachment B"
Findings as to municipal bylaw or ordinance
Furthermore, the Northampton hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
"Attachment B"#39, 45-48, 50 N.H. Code of Ordinances#24:1-24: 15
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
WPA Form 5 Page 4 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 24
Provvided ided
by DEP
(Amended)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within five years (Maintenance Agreement) from
the date of this Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to five 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 of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted an the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Depa iro tal Protection" [or, "MA DEP"]
"rile Number 246-484 "
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 DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Form 5 Page 3 of 7
Rev.02/00
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
`,{ r WPA Form 5 - Order of Conditions Provided; by DEP
(Amended)
==' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
® Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
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.
WPA Form 5 Page 2 of 7
Rev.02/00
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
W WPA Form 5 - Order of Conditions 246-484
Provided by DEP
(Amended)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information p -�
Important: _
When filling From:
out forms on Northam ton Conservation Commissio
the computer, Conservation Commission J-U L
use only-the
tab key to This issuance if for (check one):
move your OE?1 Of ELI.GI"tG—JNSPEC-Tl NS
cursor-do ❑ Order of Conditions NOgTt+ M?�Ot3.4" • 01060
not use the
return key. ® Amended Order of Conditions
t� To: Applicant: Property Owner(if different from applicant):
Valley Aggregates Jedoron Realty, Inc.
Name Name
reMn
164 Brickyard Road, 403 Papermill Road
Mailing Address Mailing Address
Farmington CT 06032 Westfield MA 01085
City/Town State City/Town State
1. Project Location:
Bo�jAll Road Northampton
Street Address City/Town
x
i 3
dftft Map/Rat Number Pat ULot�Number
2. Property recorded at the Registry of Deeds for:
Hampshire 2875 161-167
County Book Page
Certificate(if registered land)
3. Dates:
Amended on June 13, 2002
December 5, 2000 June 7, 2001 June 27, 2001
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
See"Attachment A"
Title Date
5. Final Plans and Documents Signed and Stamped by:
Brian N. Connor, P.E. & Mickey Marcus, Environmental Scientist
Name
6. Total Fee:
$725.00
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5
Page 1 of 7
Rev.02100