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07-035 (3) tuiCe-60 77/-getettztriai /'r,e/esP/to[ P 320CMR 10.99 -' - 2 61996 DEP File No. 246-389 (To be provided by DEP) Form 5 City/Town Northampton Applicant Office of Planning & Dev. Commonwealth Map # 7 Parcel #35 of Massachusetts Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, 540 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: N9rthaanpton Conservation Commission Office of Planning & Development Name of property owner Name of Applicant City Hail, 210 Main Street, Northampton Qj.ty Hall, 210 Main Street, N'hamp. Address Address This Order is issued and delivered as follows: [X) by hand delivery to applicant or representative on July 25, 1996. [ ] by certified mail, return receipt requested on (date) This project is located in Northampton at the Fitggerald Lake Conservation Area. The property is recorded at the Registry of Hampshire County Book 1951 Page ;61 Certificate (if registered) N/A The Notice of Intent for this project was filed on June 11, 1996. The public hearing was closed on July $, 1996. 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 (X) Protection of Wildlife Habitat Total Filing Fee Submitted $0 State Share $0 (1/2 fee in excess of 525) City Share 10 Total Refund Due $ City Portion $ State Portion $ (1/2 total) (1/2 total) page 5-1 (memorex\wp\conscom\order.cc) 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. 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, 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. 8. 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 (memorex\wp\conscom\order.cc) 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- ". 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 S STAMPED BY: Proposed Fitzgerald Pond Dam 04/--/96 Rehabilitation, Sheets ) - 4 Fitzgerald Lake Dam, Plan View 06/20/96 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 he 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) 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 occurring 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. 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: (al YES Certification shall be by a Professional Engineer. 23. If checked: [ ] YES An -As Built" plan shall be included with the project engineer's certification, detailing the post-development conditions of the site: 24. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: ---- Maintenance, to include mowing and removal of woody vegetation, shall be allowed beyond the life of this Order of Conditions. *************t**fl*******i **********************x.+++«.x.t.Rxx.xx************* page 5-4 (memorex\wp\conscom\order.cc) 25, 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. 26. Prior to construction, the applicant shall provide to the Conservation Commission an erosion and sedimentation control plan that shall be incolwsrated into this Order by amendment and that shall be followed during the course of construction. 27. 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. 28. Once erosion control devices are installed, the applicant shall notify the Conservation Commission that the installation has been completed, prior to the commencement of any site work. 29. Cutting of trees located within the spillway 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 devices shall be installed prior to removal of stumps and shrubs within the spillway. 31. 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. There shall be an additional supply of erosion control devices on site to effect repairs of existing erosion control structures, if required. 32. Flags shall be checked and replaced as necessary prior to the start of work. 33. Vehicles and/or equipment shall enter the project site only by the access route specified on the plans and approved by the Conservation Commission. 34. No 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 approved with the issuance of this Order of Conditions. 35. All equipment shall be operated, parked, and maintained in such a manna/- that annerthat will prevent potential alteration of the wetland/resource area and buffer zone. 36. 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. 37. Erosion control devices shall be inspected regularly. Any entrapped silt shall be removed to an area outside the buffer zone and wetland resource page 5-5 (memorex\wp\conscom\order.cc) areas, and hay bales or other devices shall be replaced as necessary. 38. If 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 (MRCS) 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 SCS-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. Work shall either be i) conducted/completed from June ].et to September 15th, or ii) conducted in a manner which maintains the level of water at the depth recommended by the Division of Fisheries & wildlife for the protection of the Spotted Turtle habitat. 40. Erosion control measures shall be implemented as outlined in the project manual until all disturbed areas are stabilized. 41. This project is deemed a "limited project" under 310 CMR Section 10.53(3) (I) . 42. Replication of the wetlands removed to clear the dam's spillway shall not be required. page 5-6 (memorex\wp\conscom\order.cc) • Issued By Northampton Conservation Commission Signatures: /7 ,s r on /41, .4raid'•. ��..-ASC` /�/ j/.-f " 6-t.-w-.--n-✓r/ ,� mIa.-. .� /''.. i em This Order must be signed by a majority of the Conservation Commission. On this b -�, day of 1996, before me personally appeared (' di i.cqn I'{16(tiond , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. •tary Pu•l,.c ' ""- My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting 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, are 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 CHR 10.03(7), within ten days from the date`of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. .Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. PLEASE NOTE--THIS IS NOT REQUIRED IF THE COMMISSION HAS ALREADY RECORDED TEE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED IN LAND COURT. _._ ._.. To EcTithamoton Conservation Commission: Please be advised that the Order of Conditions for the project at File Number 246-__ has been recorded at the Registry of Hampshire County and has been noted in the chain of title of the affected property in accordance with General Condition 8 on , 19 If recorded land, the instrument number which identifies this transaction is Sf registered land, the document number which identifies this transaction is Signature Applicant page 5-6 (memorex\wp\conscom\order-cc)