36-246 (8) 42. If checked: [X] YES
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; all wetland replication areas; and all dates of fieldwork.
It
Blue).
CLEAN -UP BEYOND LIMIT OF WORK:
34. Any foreign material located on the surface of the ground beyond the limit of work, shall
be removed by hand or pulled out with the use of chains. No heavy equipment shall be
allowed beyond the Limit of Work or downgradient of the line, unless activity in this area
has been permitted under this Order of Conditions.
WETLAND REPLICATION:
35. The area proposed for replication shall be staked prior to the excavation, with notification
to the Commission when completed. The name of the wetland specialist shall be
submitted to and approved by the Conservation Commission.
36. Best efforts shall be used to minimize the transfer of invasives into the new replication
area.
37. 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:
By(October 2002)
By(October 2003)
38. 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.
39. 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.
40. No additional wetland areas shall be allowed to be filled or altered on this property
without the approval of the Commission, now or in the future. A deed restriction stating
this shall be incorporated into all deeds and future divisions of this site.
POST CONSTRUCTION SUBMITTALS:
41. 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 or by a Wetlands Consultant who shall
r
REQUIREMENTS DURING ACTIVE CONSTRUCTION:
25. During construction, the limit-of-work line shall be clearly delineated and shall remain
delineated throughout construction. From wetland flag#2 to wetland flag# 10, the limit-
of-work,line shall consist of armored haybales. Also, armored siltfence shall be placed in
the following places: 1) along the edge of the existing wetland in the area where
excavation is to occur to create the replication area, and 2) along the edge of the wetland
in the area of wetland to be filled. (The area lying east of S4 as shown on the plans
submitted).
26. Cutting of trees located within the right-of-way shall be allowed prior to installation of
the siltation barrier, as long as stumps are not removed or unearthed.
EROSION AND SEDIMENTATION CONTROL:
27. Sedimentation and erosion control devices shall be placed according to standards set in
the Natural Resources Conservation Service's, "Massachusetts Erosion and Sediment
Control Guidelines Manual".
28. 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.
29. Hay bales must be staked. Silt fencing must be installed in a dug trench and have
sufficient porosity to allow detained water to pass through while trapping suspended
sediments;
30. Areas of construction shall remain in a stable condition at the close of each
work/construction day:
1. Erosion controls shall be inspected at this time, and after each rainstonn.
2. All erosion controls must be maintained or reinforced to meet specifications in the
plans and this order and shall be replaced as necessary.
31. All construction areas shall be restored to original condition or better upon completion of
the project, including replanting of vegetation;
32. Upland areas between the limit-of-work line and the wetland shall receive a minimum of
four inches of loam and shall be planted with an upland seed mix to stabilize the area and
upland shrubs to cover ten percent of the area.
33. The area of fill over the septic system shall be planted with a ground cover (Kentucky
7,
"ATTACHMENT A"
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 inforined of their location on the site.
This location shall be accessible to all contractors whenever work is occurring on
site.
20. All required pen-nits 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:
#40
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.
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 246-504
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:
27 Spruce Lane 246-504
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 Qepartment of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
246-504
WPA Form 5 - Order of Conditions Provided by DEP
rte;:
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.
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 245-504
WPA Form 5 - Order of Conditions 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.
April 23, 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 o er (if different from applicant).
Signatures:
On Twenty-eighth Of March, 2002
Day Month and Year
before me personally appeared a -
The above-named CSC
to me known to be the person described in and who executed the foregoing instruMhe ldp�rt
acknowledged that he/she executed the same as his/her free act and deed. 3 y y
r .IL r.
Notary Public My om fission Expires = `, 4 w
This Order is issued to the applicant as follows:
❑ by hand delivery on ® by certified mail, return receipt requested, on
April 23, 2002
Date Date
Date sent to DEP: April 23, 2002
WPA Form 5 Page 5 of 7
Rev.02/00
Massachusetts Qepartment of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
246-504
WPA Form 5 - Order of Conditions Provided by DEP
E 1
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 "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.02100
>�f r
Massachusetts Department of Environmental Protection DEP File Number:
use ', Bureau of Resource Protection -Wetlands 246-504
WPA Form 5 — Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
B. Findings (coat.)
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 246-504 "
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
� DEP File Number:
Massachusetts pepartment of Environmental Protection
Bureau of Resource Protection -Wetlands 246-504
WP
A Form 5 - Order of Conditions Provided byDEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
per.
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 Wa,,pr 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.02100
Massachusetts Department of Environmental Protection DEP File Number:
Y '' ',; Bureau of Resou-ce Protection -Wetlands
r 246-504
WPA Form 5 - Order of Conditions ✓ ` Provided byDEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
From: i`"`�--�`_
When filling 1;
out forms on Northampton
the computer, Conservation Commission
use only the 2 3 ^n�Z
tab key to This issuance if for(check one): `
i
move your _
cursor- do ® Order of Conditions 4 �
not use the
return key. ❑ Amended Order of Conditions --
rab To: Applicant: Property Owner (if different from applicant):
Florence Savings Bank_
Name Name
rerun
85 Main Street
Mailing Address Mailing Address
Florence MA
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
27 Spruce Lane Northampton
Street 110 ress City/Town
Assessors Map/Plat Number arceilGI'Number
2. Property recorded at the Registry of Deeds for:
Hampshire 4593 9
County Book Page
Certificate(if registered land)
3. Dates:
March 4, 2002 March 28, 2002 April 23, 2002
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):
"Revised Site Plan Florence Savings Bank prepared by James A. Gracia, P.E. 3-2-02
Title Date
5. Final Plans and Documents Signed and Stamped by:
James A. Gracia, P.E.
Name
6. Total Fee:
$207.50
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page 1 of 7
Rev.02/00