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25C-251 Order of Conditions-Three County Fair-246-632--2009
HAMPSHIRE :REGISTRY OF DEEDS DOCUMENT COVER SHEET For use with documents that do not meet document formatting standards. Information from original document takes precedence when indexing data into Registry system. DOCUMENT TYPE: owe- a(- (a NAME REFERENCE: U'1 11 1111111111 11 1111 2009 00025198 Bk: 9989Pg: 333 Page 1 o 13 Reoorded: 10/13/2009 1 1:57 AM For Registry Use Only THIS IS.THEFIRSTPAGE OF THIS DOCUMENT- DO NOT MOVE PROPERTY ADDRESS: Cary W il Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. From: Northampton Conservation Commission 2. This issuance is for (check one): a. Order of Conditions b. Amended Order of Conditions 3. To: Applicant: Bruce Shallcross a. First Name b. Last Name Three County Fairgrounds c. Organization 59 Fair Street d. Mailing Address Northampton MA e. City /Town f: State 4. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address e. City /Town 5. Project Location: Fair Street a. Street Address 25C c. Assessors Map /Plat Number Latitude and Longitude, if known: 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Hampshire a. County 103 c. Book 7. Dates: b. Prepared By April 28, 2009 d. Final Revision Date April 28, 2009 a. Date Notice of Intent Filed f. Additional Plan or Document Title f. State b. Last Name Northampton b. City/Town 251 d. Page May 28, 2009 d. Parcel /Lot Number 42.33438 e. Latitude b. Date Public Hearing Closed c. Signed and Stamped by 1"=40' e. Scale g. Zip Code MassDEP File Number: 246 -632 01060 g. Zip Code 72.63091 f. Longitude b. Certificate Number (if registered land) 54 June 4, 2009 c. Date of Issuance 8. Final Approved Plans and Other Documents•(attach additional plan or document references as needed): 3 County Fairgrounds Northampton, Massachusetts Notice of Intent a. Plan Title The Berkshire Design Group Paul Lussier g. Date wpaform5.doc rev. 2/27/08 Page 1 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions 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: a. Public Water Supply d. Private Water Supply e. Fisheries g. Groundwater Supply b. Land Containing Shellfish c. Prevention of Pollution StOrrrt Damage Prevention i. Flood Control 2. This Commission hereby finds the project,as proposed,.is: (check one of the following boxes) Approved subject to: a. the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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: 4. Bank 5. Bordering Vegetated Wetland 6. Land Under Waterbodies and Waterways a. linear feet ...b. linear feet e. c/y dredged'. fi'c%y dredged MassDEP File Number: 246 -632 f. Protection of Wildlife Habitat b. the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. 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). Inland Resource Area Impacts: Check all that,.appiy,below. (For Approvals Only) 3. Buffer Zone Impacts: Shortest distaricetietween limit of project disturbance and wetland boundary (if available) a. linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement c. linear feet d. linear feet a. square feet. 1 113. square feet c. square feet d. square feet a. square'feet i b :square feet c. square feet d. square feet wpaform5.doc rev. 2/27/08 Page 2 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands, WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 B. Findings (cont.) Resource Area 7. Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. Riverfront area Sq ft within 100 ft Sq ft between 100 -200 ft g. square feet h: square feet i. square feet Coastal Resource Area Impacts: Check'alfth:at apply: below. (For Approvals Only) 10. Designated Port Areas 11. Land Under the Ocean 12. Barrier Beaches 13. Coastal Beaches 14. Coastal Dunes 15. Coastal Banks 16. Rocky Intertidal Shores 17. Salt Marshes 18. Land Under Salt Ponds 19. Land Containing Shellfish 20. Fish Runs 21. Land Subject to Coastal Storm Flowage Proposed Alteration 55,000 a. square feet 13,750 e. cubic feet Permitted Alteration 55,000 b. square feet 13,750 f. cubic feet a. square feet ,b. square feet c. cubic feet d. cubic feet a. total sq. feet c. square,feet b. total sq. feet ;,square feet Indicate size under Land Under the Ocean, below a. square feet b. square feet c. c/y dredged ;d. c/y dredged Indicate size under Coastal Beaches and /or Coastal Dunes below a. square,feet a. linear feet a. square feet,, b. square feet a. square feet b, feet b. linear feet b, square feet a.square,feet b.,s.quare feet a. square.;feet, b square feet c. c/y dredged d. c/y dredged a. square feet b. square feet a. c/y dredged b. c/y dredged a. square feet b. square feet Proposed Replacement 55,000 c. square feet 13,750 g. cubic feet e. cubic feet e. square feet c. c/y nourishmt. c. square feet c. square feet MassDEP File Number: 246 -632 Permitted Replacement 55,000 d. square feet 13,750 h. cubic feet f. cubic feet f. square feet j. square feet d. c/y nourishmt. c. c/y nourishmt. d. c/y nourishmt. d. square feet d. square feet Indicate. size .under .Cd'astal Banks, inland Bank, Land Under the Ocean, and /or inland Land Under Waterbodies and Waterways, above wpaform5.doc rev. 2/27/08 Page 3 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MassDEP File Number: 246 -632 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 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 'authorityforone 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, Owne ,,cf 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 d Certificate of Title of the owner of the lan 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 tw.o square feet or more than three square feet in size bearing the words, "Massachusetts Department, of Environmental Protection" [or, "MassDEP 6 632` "File Number wpaform5.doc rev. 2/27/08 Page 4 of 10 Massachusetts Department of Environmental P rotection Bureau of Resource Protection Wetlands Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 246 -632 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 MassDEP. 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: Conservatioi Commission end the Department of Environmental Protection shall have the right to enter anddinspect,the area subject to this Order at reasonable hours to evaluate compliance with the conditions'steted in'th`is Order, and may require the submittal of any data deemed necessary by the Conservatiori•Commission or Department for that evaluation. 15. This Order of Conditions shall apply to anSrsuccessor in interest or successor in control of the property subject to this Order and to any contractor orother 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` 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 18. The work associated with this Order is (1) is not (2) subject to the Massachusetts Stormwater Policy Standards. If the wor is' Subject to the Stormwater Policy, the following conditions apply to this work and are incorporated into this Order: a) No work, including site preparation, land'disturbance, construction and redevelopment, shall commence unless and until the construction period pollution prevention and erosion and sedimentation control plan required by Stormwater Standard 8 is approved in writing by the issuing authority. Until the site is fully •contruction period erosion, sedimentation and pollution control measures and best management; practices (BMPs) shall be implemented in accordance with the construction period pollution prevention ad erosion and sedimentation control plan, and if applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System Construction General Permit. MassDEP File Number: wpaform5.doc rev. 2/27/08 Page 5 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act MG L: c;. 131, §40 MassDEP File Number: 246 -632 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post- construction stormwater BMPs until written approval is received from the issuing authority. To request written approval, the following must be submitted: illicit discharge compliance Statement' required by Stormwater Standard 10 and as -built plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all construction period stormwater BMPs and any illicit discharges to the stormwater management system have been removed; and all post construction stormwater BMPs were installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure they are not damaged,and will function properly. c) Prior to requesting a Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall submit to the issuing authority an Operation and Maintenance (0 M) Compliance Statement for the StormwaterBMPs. This Statement shall identify the responsible party for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible parties shall be notified in writing of their continuing legal responsibility to operate and maintain the stormwater management BMPs and implernent the ;Pollution Prevention Plan; and 2. The Operation and Maintenance Plan for the stormwater BMPs is complete and will be implemented upon receipt of the Certificate." d) Post construction pollution prevention`;arid source control shall be implemented in accordance with the long -term pollution prevention plan section of;theapproved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Discharge Elimination System Multi- Sector General Permit. e) Unless and until another party accepts; responsibility, the issuing authority shall presume that the responsible party for maintaining each BMP is ,,the landowner of the property on which the BMP is located. To overcome this presumption;_ the landowner or the property must submit to the issuing authority a legally binding agreement acceptable to the issuing authority evidencing that another entity has accepted responsibility for maintaining the, BMP;,and' that the proposed responsible party shall be treated as a permittee for purposes of implementing tle requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure'of theproposed responsible party to implement the requirements of Conditions 18(f) through 18(k)?with respect to that BMP shall be a violation of the Order of Conditions or,Certificate of Compliance. lathe case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed thet grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the Operation and Mainterience'Plan section of the approved Stormwater Report, and the Massachusetts Stormwater Handbook: g) The responsible party shall 1. Maintain an operation and maintenance Idg for the last three years including inspections, repairs, replacement and disposalXor disposaa The log shall indicate the type of material and the disposal location); 2. Make this log available to MassDEP and the Conservation Commission upon request; and 3. Allow members and agents of the MassDEP and the Conservation Commission to enter and inspect the premises to evaluate and ensure that the responsible party complies with the Operation and Maintenance requirements for each BMP set forth in the Operations and Maintenance Plan approved by the' iss,uing authority. h) All sediments or other contaminants removed from, stormwater BMPs shall be disposed of in accordance with all applicable federal, state and local laws and regulations. i) Illicit discharges to stormwater management system as defined in 310 CMR 10.04 are prohibited. wpaform5.doc rev. 2/27/08 Page 6 of 10 wpaform5.doc rev. 2/27/08 Massachusetts Department of Environmental Protection Bureau of Resource P rotection Wetlands WPA Form 5 Order of Conditions Oit-6ct Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special ati ze Z condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issu_ Please indicate the number of members who:will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers 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, if not filing electronically, and the property owner, if different from applica 4 Signature Notary Acknowledgement Commonwealth of Massachusetts County of On this Day Before me, the undersigned Notary Public,' personally appeared (2. d L 111. MassDEP File Number: Name of Document Signer proved to me through satisfactory evidence of identification, which was /were Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily f r 'ts stated purpose. As member of' t I I Hi City/ Town e ,)G e w. y ��Ss G�� A S w m. 7l• Z ip `mil %Y C, i `O H Ry PV it, oC s Place notary seal and /or any stamp abov This Order is issued to the applicant as follows: bbyhand delive Date 2a1 Signature -f otary Public Printe. Name of Notary Publi ,I 1t VC My Commission Expirds (Date) by certified mail, return receipt requested, on Date Conservation Commission Page 8 of 10 "ATTACIIMENT A" 19. Prior to the initiation of any work, the applicant /owner shall submit a letter of understanding to the Commission stating that he /she has received, read, understands and shall comply with these Orders. The applicant, and, his, or her contractor, foreman and /or construction manager shall sign the letter of understanding. 20. Prior to the initiation of any work, the applicant sliall submit to the Commission a sequencing plan for construction, and erosion and sedimentation control installation. 21. Prior to the start of any site work, excavation or construction, a pre construction 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. 22. All required permits must be obtained from the applicable. federal, state and municipal agencies and departments prior to the sta. t of any project. 23: A copy of this Order and associated plains shall remain on site during all construction and /or building activities. The project n nager,, u d operators shall be familiar with the approved plans, and shall be inforimecl of their location on the. site. This location shall be accessible to all contiiaetois•;wlienever work is occurring on site. 24. All revised plans, referenced within this Order.of Conditions, shall be approved by the Conservation Coininission and incorporated into permit by reference and shall be followed (hiring the course of construction. 25. The areas of construction shall remain in a stable condition at the close of each construction day. Erosion control measures shall be inspected at this time, and maintained or reinforced as necessary. All such devices shall be inspected, cleaned or replaced during construction and shall remain in place until such time as stabilization of all areas that may impact resource 'areas is permanent. These devices shall also be inspected to assure that the maximum control has been provided. Any entrapped silt shall be removed to an area outside the buffer zone ,and resoruce areas, and maintained or reinforced as necessary. Erosion controls shall be inspected after every rainfall to assure that maximum control has been, provided. 26. An adequate stockpile of erosion control iiiaterials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, rl?rap, filter berms or other devices planned for use during construction. 27. Soils exposed for periods greater than two Months sl ill be stabilized.with erosion control blankets and netting, a covering of straw mulch or .a temporary cover of rye or other grass to prevent erosion and sedimentation; 'Drainage ditches shall be stabilized and seeded with a native perennial grass mixture. Any stabilization materials such as jute netting shall be firmly anchored to prevent them :from being washed from slopes by rain or flooding. Preference. should be given to biodegradable materials. 28. All disturbed areas shall be graded, loaned. and. seeded, or stabilized with erosion control blanlcets or netting, and a covering of straw mulch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left unprotected or without erosion control after this date. 29 No disposal of soils or other materials shall be within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; airy 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. 30. Ongoing conditions that shall not expire; with tla.e;,issuance of a Certificate of Compliance are as follows: N/A 31. 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:Coniplia ice. 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; and all_ dates,. of fieldwork. 32. 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 NortliaMpton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language simila:to,the'following: "This property is subject to the'Noithai ipton Wetlands Ordinance and /or the Massachusetts Wetlands Protection Act. Any construction or major maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission. ATTEST: HAMPSHI4E, i t c0 1a 1RIAANNE L. DONOHUE The Berkshire Design Group, Inc. Landscape Architecture Civil Engineering Planning Land Surveying April 28, 2009 Northampton Conservation Commission 210 Main Street Northampton, MA 01060 To the Conservation Commission: Enclosed please find 9 copies of the Notice of Intent package for construction of two outdoor equestrian rings and associated site improvements at the Three County Fairgrounds property at 59 Fair Street. Included with this submission are the following: Notice of Intent form and supporting documentation Notice of Intent Drawings: L -1 Existing Conditions Plan L -2 Proposed Conditions Plan The proposed project involves construction of two outdoor equestrian rings at the fairgrounds site. Work will include removal of 3" of gravel and turf and installation of 3" of stone dust surfacing. Work will take place within the 100 -year floodplain as identified for the site. Slight re- grading of the site is proposed to reduce existing ponding in the location of the new rings. However, the volume of new stone dust will match the volume of material removed thus compensatory storage will not be required. Proposed finished grades will closely mimic the existing finish grades. We look forward to meeting with you at an upcoming hearing. If you have any questions regarding this submission, please do not hesitate to contact our office at 413 -582 -7000. Sincerely, The Berkshire Design Group, Inc. Jeffrey D. Squire Landscape Architect cc: MA -DEP Wetlands Program Owner File 04/28/09 04/28/09 4Allen- Place __Northampton,Massachusetts_ 010.60_ Telephone 41.3)_582 7000 Facsimile. (413) 582-7005 E-mail bdg @berkshiredesign.com Prepared by: The Berkshire Design Group Inc 4 Allen Place, Northampton, Massachusetts 01060 Notice of Intent For Construction of Outdoor Equestrian Rings 59 Fair Street Northampton, Massachusetts April 28, 2009 Prepared for: Three County Fairgrounds 59 Fair Street Northampton, MA 01060 Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. wpaform3.doc rev. 02/21/08 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): Fair Street a. Street Address Latitude and Longitude: 25C f. Assessors Map /Plat Number 2. Applicant: Bruce Shallcross a. First Name b. Last Name Three County Fairgrounds c. Organization 59 Fair Street d. Street Address Northampton MA e. City/Town f. State 413 584 -2237 N/A h. Phone Number i. Fax Number 3. Property owner (required if different from applicant): h. Phone Number 4. Representative (if any): Jeff a. First Name The Berkshire Design Group, Inc. c. Company 4 Allen Place d. Street Address Northampton e. City/Town 413 587 -3907 413 582 -7000 h. Phone Number i. Fax Number a. Total Fee Paid Northampton b. City/Town 42.33438 d. Latitude 251 g. Parcel /Lot Number j. Email Address Bruce Shallcross a. First Name b. Last Name Hampshire, Hampden Franklin Agricultural Society c. Organization 59 Fair Street d. Street Address Northampton MA e. City/Town f. State 413- 584 -2237 i. Fax Number j. Email address Squire b. Last Name oeument Transaction'. Northampton City/Town 01060 c. Zip Code 72.63091 e. Longitude 01060 g. Zip Code Check if more than one owner 01060 g. Zip Code MA 01060 f. State g. Zip Code jeff ©berkshiredesign.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110 $42.50 $67.50 b. State Fee Paid c. City/Town Fee Paid Page 1 of 8 C7 For all projects affecting other Resource. Areas, please attach a narrative explaining how the resource area was delineated. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information (continued) 6. General Project Description: Conversion of existing turf /gravel field to 2 stonedust horse rings. 7a. Project Type Checklist: 1. Single Family Home 3. Limited Project Driveway Crossing 5. Dock/Pier 7. Coastal Engineering Structure 9. Transportation 2. Limited Project 8. Property recorded at the Registry of Deeds for: Hampshire a. County 103 c. Book Resource Area a. Bank b. Bordering Vegetated 0 sf Wetland 1. square feet 0 sf 1. square feet c. Land Under Waterbodies and Waterways 0 cy 3. cubic yards dredged oci merit Tit Northampton City/Town 2. Residential Subdivision 4. Commercial /Industrial 6. Utilities 8. Agriculture (e.g., cranberries, forestry) 10. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project: b. Certificate (if registered land) 54 d. Page Number B. Buffer Zone Resource Area Impacts (temporary permanent) 1. Buffer Zone Only Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54- 10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Size of Proposed Alteration Proposed Replacement (if any) 0 If 1. linear feet 2. linear feet 2. square feet 2. square feet wpaform3.doc rev. 02/21/08 Page 2 of 8 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Buffer Zone Resource Area Impacts (temporary permanent) (cont'd) Resource Area d. Bordering Land Subject to Flooding e. Isolated Land Subject to Flooding f. Riverfront Area 2. Width of Riverfront Area (check one): 25 ft. Designated Densely Developed Areas only 100 ft. New agricultural projects only 200 ft. All other projects 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area: N/A a. total square feet 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25- 10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean c. Barrier Beach a. Coastal Beaches e. Coastal Dunes Provided: by MassQ j ocument T aansactiaf, Northampton City/Town Size of Proposed Alteration Proposed Replacement (if any) 55,000 sf 1. square feet 13,750 cf 3. cubic feet of flood storage lost 0 sf 1. square feet 0 cf 2. cubic feet of flood storage lost N/A 1. Name of Waterway (if available) 1. square feet 55,000 sf 2. square feet 13,750 cf 4. cubic feet replaced 3. cubic feet replaced N/A square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. Size of Proposed Alteration Proposed Replacement (if any) 2. cubic yards dredged Indicate size under Coastal Beaches and /or Coastal Dunes below 1. square feet 2. cubic yards beach nourishment 1. square feet 2. cubic yards dune nourishment wpaform3.doc rev. 02/21/08 Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Buffer Zone Resource Area Impacts (temporary permanent) (cont'd) f. Coastal Banks g• Rocky Intertidal Shores h. Salt Marshes i. Land Under Salt Ponds j. Land Containing Shellfish k. Fish Runs a. Yes No 2008 b. Date of map Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 1. square feet 1. square feet 2. sq ft restoration, rehab., creation 1. square feet 2. cubic yards dredged Providedtl iocument Transaction Number; Northampton City/Town 1. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and /or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration /Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http: /www. mass. qov /dfwele /dfw /nhesp /nhregmap.htm. If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30 -day, MESANVetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). wpaform3.doc rev. 02/21/08 Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Other Applicable Standards and Requirements (cont'd) 1. c. Submit Supplemental Information for Endangered Species Review 1. Percentage /acreage of property to be altered: (a) within wetland Resource Area percentage /acreage (b) outside Resource Area percentage /acreage 2. Assessor's Map or right -of -way plan of site 3. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree /vegetation clearing line, and clearly demarcated limits of work (a) Project description (including description of impacts outside of wetland resource area buffer zone) (b) Photographs representative of the site (c) MESA filing fee (fee information available at: http://www.mass.ciov/dfwele/dfw/nhesp/nhenvmesa.htm) Make check payable to "Natural Heritage Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority Estimated Habitat boundaries d. OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http: /www. mass. qov/ dfwele /dfw /nhesp /nhenvexemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking Number b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation Management Permit with approved plan. Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see www.nhesp.org regulatory review tab). Priority Habitat includes habitat for state listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc rev. 02/21/08 Page 5 of 8 o Northampton City/Town Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Other Applicable Standards and Requirements (cont'd) 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable project is in inland resource area only 3. b. Yes wpaform3.doc rev. 02/21/08 a. Yes No No If yes, include proof of mailing or hand delivery of NOI to either: South Shore Cohasset to Rhode Island, and the Cape Islands: Division of Marine Fisheries Southeast Marine Fisheries Station Attn: Environmental Reviewer 838 South Rodney French Blvd. New Bedford, MA 02744 Provided< }ttn oeumen, Northampton City/Town North Shore Hull to New Hampshire: Division of Marine Fisheries North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, 105)? a. Yes No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k) -(q) and check if: 1. Applying for Low ,Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single- family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single family houses or less than or equal to 4 units in multi family housing project) with no discharge to Critical Areas. Page 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Existing Conditions, Proposed Conditions a. Plan Title The Berkshire Design Group, Inc. b. Prepared By April 28, 2009 d. Final Revision Date 4. State Check Number ��1 GbUrt rr` ,e_ 6. Payor name on check: First Name Richard Klein c. Signed and Stamped by 1"=40 e. Scale {Proved edby,Mass 7. Payor name on check: Last Name ocumenftTransap ton Number; Northampton City/Town f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form g. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 4/2709 2. Municipal Check Number 3. Check date 4/2709 5. Check date wpaform3.doc rev. 02/21/08 Page 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 3 Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 giatze7R 1. Signature of Applicant 3. S' a of P erty Ow er (if different) 5. Sig atur of R resentativ (if any) ocumeitT ransaction Num Northampton City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, 40. Notice must be made by Certificate of Mailing or.in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. April 27, 2009 2. Date 4. Da i te 6. to For Conservation Commission: Two copies of thecompleted Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city /town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc rev. 02/21/08 Page 8 of 8 Existing Conditions The proposed project site is a 55,000 square feet portion of the 42 +1- acre Three County Fairgrounds site. A portion of the proposed work will take place in an area that currently consists of gravel and turf which serves as temporary fairground parking and midway location. The project site is open and clear, and no removal of trees and shrubs, or demolition of landscape features, will be required. All existing utility poles, light poles, electrical panels and structures will remain Proposed Work The proposed project involves construction of two outdoor equestrian rings at the fairgrounds site. Work will include removal of 3" of loam, gravel and turf and installation of 3" of stone dust surfacing. Work will take place within the 100 -year floodplain as identified for the site. Slight re- grading of the site is proposed to remove existing areas of temporary ponding during heavy rains However, the volume of material removed will match the volume of new stone dust surfacing and all regrading will only modify current surface grading. As such, compensatory storage will not be required. A 2' wide stone infiltration trench is being proposed at the southern end of the eastern ring to facilitate drainage of the existing low point. Exhibit C Narrative Description Three County Fairgrounds Northampton, Massachusetts The e._ Berkshire Design Group Inc. Land Subject to Flooding Performance Standards: The proposed project meets the general performance standards as outlined in 310 CMR 10.57: al No compensatory storage will be required proposed finish grades will match existing grades. a2. Work will not restrict flows so as to increase flood stage or velocity. a3. Proposed work will no impair the ability of the site to provide wildlife habitat. b. Not applicable. c. Work will not have an adverse impact on the habitat site of rare species. Exhibit D Performance Standards Compliance Three County Fairgrounds Northampton, Massachusetts The Berkshire Design Group Inc. Stormwater Drainage Summary This drainage patterns for this project will essentially be retained in the proposed condition, with only very minor alterations. The character and minimal scope of work proposed by this project, which consists of 2 stone dust pads constructed at existing grade does not warrant the design and construction of an elaborate drainage control system. As such, extensive drainage calculations, design and stormwater controls are not necessary in this particular situation. Stormwater runoff generated from the stone dust pads will mimic existing flow patterns as the runoff will be directed to overland sheet flow prior to entering the existing drainage infrastructure on site with the exception of the south end of the of the pads where runoff directly enters an infiltration trench encouraging recharge to ground water prior discharging into the adjacent existing deep sump catch basin. There are no existing or proposed point source discharges and the only minor change to the site will be the slight increase in curve number runoff coefficients from approximately 79 (existing) to 85 (proposed) as the stone dust pads are to be placed over "poor" condition grass and gravel (see image below). Soils on site are hydrologic group B (see attached Figure 1 for Soils Map). EXISTING SITE In summary, allowing the stormwater to utilize the existing flow patterns to direct runoff to overland sheet flow and deep sump catch basins is an appropriate Best Management Practice (BMP) for this particular situation and this project will not have any significant impacts on adjacent parcels or any resource areas. The proposed drainage adequately addresses the construction of the two stone dust pads with an infiltration trench, existing grassed areas, and stormwater infrastructure for maintenance of sheet flow runoff from the construction of the stone dust pads. Reference: Date: 04/28/09 Scale: 1 200' Figure Number: 1 Figure Title: Soils Map The Berkshire Design Group, Inc. 4 Allen Place Northampton, Massachusetts 01060 (413) 582 -7000 FAX (413) 582 -7005 Northampton Three County Fairgrounds MASSACHUSETTS Reference: Date: 04/28/09 Scale: 1 200' Figure Number: 1 o z CD CD n o-4 d m rtt n n C11 A 00 z �."i Z r o CD CD 0 ro 0 P o --t P CD 1-ri 4 A: 1, 1 !f if 11 'I /I Ii 1 1 1 1 1 1 1 1 1 1 J 1 1 I 1 1 1 1 L I I 'N'zJ CD CD t J r 0 c� r r7' t&) rri 0 1:z cf "Ci Bridge Stree 1 00 Nat r,L 1 1 ii L V V ,3 f K. ION Cross Path Road 4 ...e Z...,1• Itt •s 1 ZL w O hci zat cD cb L f -t 1111 0 n 0 kr 0 c CD too owai m D m D r c..4 z° r5 m AV dW3 «Z 7J {4 a 0 cD 3zN3: O z C)c) 0 z —I D D m (I) z m r C) PLAIN 00 On. a 01-q n e 11: cat t;` r15 a 0_ -CI UP