36-071 C u ry art Protective Ft,t.4;eS
A culvert in a roadbed probably appears to a beaver like a hole in a dam. As the roadbed with a blocked culvert
produces a large ponded area for minimal work, beaver.i are naturally attracted to these sites.
Culvert protective fences are custom designed for each site and have a 98% success rate. They prevent
culvert damming by beavers by decreasing damming stimuli (the sound and feel of moving water), and increasing
the wort-, needed to plug the culvert. Design factors considered include the Intensity of damming stimuli,
topography, length of time damming at the site, food supply, history of poor quality flow devices at site, stream
flow and depth, among others,
The trapezoidal shaped fence (see diagram) is highly effective at preventing damming at culverts. This design
both decreases dam building stimuli (water movement and noise) and creates a Long perimeter to dam. Beavers
may star[ damming near the culvert, but give up as they get farther away from the culvert as it Is an unnatural
direction for them to dam and the stimulus for damming is decreased.
Diagrams - The 'Frapezoida! Fence
F .
Cuh�t
Fence floor not II
Culvert
Ficure A - Side View Figure 8 -TOO View
Proper maintenance is extremely important for the lei ice system to remain effective for many years. Quarterly,
all Floated leaves and sticks should be removed from th!° fence. Integrated Wildlife Control fully guarantees every
culvert protective fence we maintain, and offers this service at a very reasonable cost_ We are licensed and fully
insured.
The downstream end of the culvert is also fenced to prevent the beavers from entering the culvert from that
end. If the culvert is very noisy, building a small dam downstream (or an the fence) to backup water into the
culvert can silence it, and will greatly decrease the bearer's motivation to dam on the fence.
Integrated V T!dfife Control
Dan LaFountain Ruth Callahan
F.O. Box 60169, i=rorence, MA 01062
Fhore: (41.3) 586-08c 3 Fax. (413) 587-9788
Northampton Planning Board for its approval. Upon approval by the
Northampton Planning Board the Amendment shall be recorded in the Hampshire
County Registry of Deeds.
POST CONSTRUCTION SUBMITTALS:
33. 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 requests a Certificate of Compliance.
34. Certification shall be by a Profession Engineer or by a Wetlands Consultant who
shall have been approved by the Commission.
35. 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.
NOTE: Condition# 15 states that this order shall apply to any successor in interest or
successor in control of the property subject to this Order. This clearly indicates that
future owners of the property must abide by this order, including condition# 23
(ongoing).
23. Ongoing conditions that shall not expire with the issuance of a Certificate of
Compliance are as follows: Conditions #29, 30, 31
24. Prior to the start of any site work, excavation or construction, a preconstruction
conference shall be held on the site, between the contractor conducting the work,
the site/project engineer, the applicant, and a member or agent of the
Conservation Commission, in order to ensure that the requirements of this Order
are understood by all parties. Prior to the pre=construction meeting, all erosion
control devices must be installed, also.
PRE-CONSTRUCTION REQUIREMENTS:
25. The applicant shall notify the Commission, in writing, as to the date that the work
will commence 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;
LONG-TERM BEAVER MANAGEMENT:
26. A trapezoidal culvert protective fence shall be installed at the location of the
culvert under Cardinal Way. The trapezoidal fence shall be a culvert protective
fence, erected upstream of the culvert. The downstream end of the culvert shall
also be fenced to prevent beavers from entering the culvert from that end.
27. The fence shall be installed no later than August 31, 2004.
28. The fence shall be installed by a qualified person, in the manner indicated in the
attached diagram submitted to the Northampton Conservation Commission by
Integrated Wildlife Control, a true copy of which is attached hereto and
incorporated herein by reference.
29. The fence shall be inspected at least 4 times per year by a qualified person, with
maintenance based on the results of the inspections.
30. A written report documenting the inspections and necessary maintenance shall be
submitted to the Conservation Commission annually, no later than November 15
of each year.
31. The Plaintiffs shall be responsible for the initial installation of the trapezoidal
fence. The Plantation at West Farms Homeowners' Association, created by the
Declaration of Protective Covenants dated July 1, 2002, and recorded in the
Hampshire County Registry of Deeds at Book 6703, Page 299 shall be
responsible for all inspections and ongoing maintenance of the trapezoidal fence.
32. The Declaration of Protective Covenants dated July 1, 2002 shall be amended to
comply with this Order and such Amendment shall be presented to the
* AMENDED ATTACHMENT A
* As agreed by Wzorek Family Investment Trust, Willard family and the
Northampton Conservation Commission on March 28, 2002.
* Per Joint Motion for Entry of Judgment, Lepine-Wzorek Associates and the
Northampton Conservation Commission, April 12, 2004.
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.
19. 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.
Massachusetts Department of Environmental Protection DEP File Number:
` Bureau of Resource Protection - Wetlands 246-494
WPA Form 5 - Order of Conditions Provided by DEP
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:
Cardinal Way 246-494
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampshire
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:
4
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 246 494
WPA Form 5 - Order of Conditions Provided by DEP
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
WPA Form 5 - Order of Conditions 246-494
\
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
and the Northampton Wetlands Ordinance
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.
May 17, 2004
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:
A 91
z _-
i
e
On This Thirteenth Day Of May, 2004
G •• 0 4r
before me personally appeared .`2 w 1:x°%•
p,J .
the above-named iY
v a
to me known to be the person described in and who executed the foregoing instrument and'y * �A
acknowledged that he/she executed the same as his/her free act and deed.
(Nota Public My Commission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on ® by certified mail, return receipt requested, on
May 17, 2004
Date Date
Wpaform5.doc•rev.12/15/00 Page 5 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 246-494
WPA Form 5 - Order of Conditions Provided by DEP
s 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 addition conditions "Amended Attachment A"
Findings as to municipal bylaw or ordinance
Furthermore, the 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:
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
246-494
WPA Form 5 - Order of Conditions Provided by DEP
/fJf) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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. If this Order is intended to be valid for more than three years,
the extension date and the special circumstances warranting the extended time period are set forth
as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. 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 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.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size
bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 246-494 "
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 246-494
WPA Form 5 - Order of Conditions Provided by DEP
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 246-494
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on Northampton Conservation Commission
the computer, _ t!
use only the
tab key to This issuance if for(check one):
move your N!AY U04 i
cursor-do ❑ Order of Conditions
not use the
return key. ® Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
Lepine-Wzorek Associates
Name Name
383 Westhampton Road
Mailing Address Mailing Address
Florence MA 01062
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
Cardinal Way Northampton
Street Address City/Town
36 71
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Hampshire 5911 308
County Book Page
Certificate(if registered land)
3. Dates: *Amended May 13, 2004
Amended March 28, 2002
September 20, 2001 October 11, 2001 October 17, 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):
"Pond Area" submitted with the Notice of Intent Section 9: Site Plans Sept. 2001
Title Date
"Culvert Protective Fences," Integrated Wildlife Control
5. Final Plans and Documents Signed and Stamped by:
Name
6. Total Fee:
$207.50
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page 1 of 7
Rev.02/00