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32C-107 Ralphs Blacksmith Expansion Order of Conditions (2)December 18, 2015 PLANNiNG ANTD SusTAiNABrmy ® Chy oFNoRTHAmproN Planning . Conservation - zoning - northampton GIS - historic - community preservation - central basins ss urchitecture saran 1'"Iel" Conservation, Preservation, &- I -and Use Planner = ftlavallc,Cwnorthamptowna.gov - 41W81-1263 Arthur Grodd Smith Street Associates 36 Smith Street Northampton MA oio6o RE: Order of Conditions, 36 Smith Street Building Addition Dear Mr. Grodd: Enclosed please find the original signed Order of Conditions for the above referenced project. This Order has been recorded in the Hampshire County Registry of Deeds. The ten business day legal appeal period from the date of issuance will expire on January 4, and the project may begin at any time after that date once pre -construction conditions are met. Please read the document carefully, as it contains conditions that must be adhered to before, during, and after work on the project. Please feel free to contact me with any questions or concerns. Thank you, Sara I. LaValley City HaE - 210 Main Street, Room 11 # Northampton, MA 01060 - wvvw.Northimpto-nMa.gov * Fax 413-587-1.264 original printed or rcmIded paper 2015 00026261 Bk: 12156Pg: I Page: 1 of 12 Recorded: 12118/2015 10:27 AM 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. Conservation Commission NORTHAMPTON Provided by MassDEP: MassDEP File #:246-0688 eDEP Transaction #:797613 City/Town-NORTHAMPTON 2. Issuance a. R OOC b. r Amended OOC 3. Applicant Details a. First Name ARTHUR b. Last Name c. Organization SMITH STREET ASSOCIATES, LLC d. Mailing Address 36 SMITH STREET C. City/Town NORTHAMPTON f. State MA 4. Property Owner a. First Name ARTHUR b. Last Name c. Organization SMITH STREET ASSOCIATES, LLC d. Mailing Address 36 SMITH STREET e. City/Town NORTHAMPTON f State MA 5. Project Location a. Street Address 32-36 SMITH STREET b.City/Town NORTHAMPTON c. Zip Code d. Assessors Map/Plat# 32C e. Parcel/Lot# f. Latitude 42.3153N g. Longitude 6. Property recorded at the Registry of Deed. for: a. County b. Certificate c. Boob HAMPSHIRE 8498 7.Dates GRODD g. Zip Code 01060 GRODD g. Zip Code 01060 01060 107 72.62921W d. Page 251 a, Date NOI Filed: 10/15/2015 b. Date Public Hearing Closed: 11/12/2015 c. Date Of Issuance: 12/17/2015 8.Final Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: PROPOSED SITE BERKSHIRE DESIGN NA September 18, 2015 P-20" PLAN, SHEET lrl GROUP Page l of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246-0688 V, WPA Form. 5 W Order of Conditions eDEP Transaction #:79761.3 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cztyliown:NORTI4AMP1"ON V SITE PLAN REVIEW APPLICATION PACKET, BERKSHIRE DESIGN NA September 24, 2015 NA INCLUDING GROUP DRAINAGE REPORT B. Findings 11indings pursuant to the. Massacliusetts Wetlands Protection Act . Following the review of the 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. r27 Public Water Supply b. F Land Containing Shellfish e. F Prevention ofPollution d. G Private Water Supply e. r Fisheries f. F Protection of Wildlife Habitat g. 1✓ Ground Water Supply h. 9 Storm Damage Prevention i, F Flood Control 2. Commission hereby finds the project, as proposed, is: Approved subject to: a. C 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: b. C. 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 interests of the Act, 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. 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 interests of the Act, 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). 3.[7 Buffer :done Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10.02(1)(a). a linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank Page 2 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDBP: Ll Bureau of Resource Protection - Wetlands MassDEP File #:246-0 WPA Form S -Order of ConditionseDEP Transaction#:79 Massachusetts Wetlands Protection. Act M.G.L. c. 131, §40 City/rown:NORTHAM :a linear feet b. linear feet c. Iinear feet d. linear 5. Ci Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square 6. r Land under Waterbodies and Waterways a square feet b. square feet c. square feet d. square ............................................. . . e. c/y dredged f c/y dredged 7. r Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d square Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet b. cubic 8. F, Isolated Land Sul?ject to Flooding a. square feet b. square feet c. c/y nourishment d. Uynourishment 15. r Coastal Banks a linear feet b. linear feet 16. F Rocky Intertidal Shores a square feet b. square feet Page 3 of 10 * ELECTRONIC COPY a, square feet b. square feet 688 7613 9. r RiverfzontArea 5619 5619 TON a. total sq. feet b. total sq. feet Sq ft within 100 ft feet c. square feet d. square feet c. square feet f. square feet Sq ft between 100-200 ft 2947 2947 535 535 feet .................................................................................................................................................................................................................................. Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted ....................................................................................................................................................................................................................................................................................... feet 10. r.Designated Port Areas Indicate size under Land Under the Ocean, below 11. C Land Under the Ocean a. square feet b. square feet c. c/y dredged d. efy dredged feet Indicate size under Coastal Beaches and/or Coastal Dunes below 13. f-,. Coastal Beaches a square feet b. square feet c. c/y nourishment d. c/y nourishment feet a. square feet b. square feet c. c/y nourishment d. Uynourishment 15. r Coastal Banks a linear feet b. linear feet 16. F Rocky Intertidal Shores a square feet b. square feet Page 3 of 10 * ELECTRONIC COPY a, square feet b. square feet Cubic Peet Flood Storage c. cubic feet d. cubic feet e. cubic feet f cubic feet 9. r RiverfzontArea 5619 5619 a. total sq. feet b. total sq. feet Sq ft within 100 ft 2672 2672 5093 5093 c. square feet d. square feet c. square feet f. square feet Sq ft between 100-200 ft 2947 2947 535 535 g. square feet h. square feet i. square feet j. square feet .................................................................................................................................................................................................................................. Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted ....................................................................................................................................................................................................................................................................................... Alteration Alteration Replacement Replacement 10. r.Designated Port Areas Indicate size under Land Under the Ocean, below 11. C Land Under the Ocean a. square feet b. square feet c. c/y dredged d. efy dredged 12_ r Barrier Beaches . Indicate size under Coastal Beaches and/or Coastal Dunes below 13. f-,. Coastal Beaches a square feet b. square feet c. c/y nourishment d. c/y nourishment 14. r Coastal Dunes a. square feet b. square feet c. c/y nourishment d. Uynourishment 15. r Coastal Banks a linear feet b. linear feet 16. F Rocky Intertidal Shores a square feet b. square feet Page 3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246-0688 eDEP Transaction #:797613 ,, WPA Form 5 - Order of Conditions City/Town:NORTHAMPTON LV Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5 17. C Salt Marshes a. square feet b. .square feet e. square feet d. square feet 18.1-. Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19.1" Land Containing Shellfish a square feet b. square feet c, square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the 20.71 Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways, above 21, r— Land Subject to Coastal Storm Flowage c. c/y dredged d. c/y dredged a square feet b, square feet 22. r Restoration/Enhancement (For Approvals Only) 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.5.c & d or B.17.c & d above, please entered the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 23, Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. & number of new stream crossings b. number ofreplacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are 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 permittec 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 maybe 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. Page 4 of 10 * ELECTRONIC COPY LMassachusetts Department of Environmental Protection Provided byMassDEP: j "'� Bureau of Resource Protection - Wetlands MassDEP File #:246-0688 ..., WPA Form 5 - Order of Conditions eDEP Transaction #:797613 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTHAMPTON 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. 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. 8. 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. 9. 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 the Conservation Commission on the form at the end of this Order, wbich form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. 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'MassDEP"] File Number :"246-0688" 11. 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 Mass DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 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 15. 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. 16. 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. 17. 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 sball be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been frilly 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 nrnnediately 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1) r is not (2) F subjectto the Massachusetts Stormwater Standards. If the work is sul?ject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elirniaaatim System Construction General Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246-0688 ,_. WPA Form 5 - Order of Conditions eDEP Transaction #:797613 Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 City/Town-NORTHAMPTON Permit as required by Stormwater Standard S. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period HNPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; W. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BW. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, 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 the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(k) with respect to that I3M' shall be a violation of the Order of Conditions or Certificate of Compliance. In the 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 that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stomiwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission') upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. All sediment 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 the stormwater management system as defined in 310 CMR 10.04 are prohibited Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246-0688 F w MTA Form S - Order of Conditions eDEP Transaction #:797613 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTHAMPTON j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDE P Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: PLEASE SEE ATTACHMENT A Page 7 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:246-0688 WPA Form 5 - Order of Conditions eDEP Transaction #:797613 l Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CityfTown:NORTHAMPTON 4 A Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? r Yes C No 2. The Conservation. Commission hereby(check one that applies): a. � DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1. Municipal Ordinance or Bylaw 2. Citation 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 or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b. APPROVES the proposed work, subject to the following additional conditions. NORTHAMPTON 1. Municipal Ordinance or Bylaw WETLANDS ORDINANCE 2. Citation CHAPTER 337 OF THE GENERAL CODE 3. The Conunission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the ex=tent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: PLEASE SEE ATTACHMENT A Page 8 of 10 * ELECTRONIC COPY Volassaci?` ise' iii hepar:;,Lment of Environmental Protection Provided by MassDEP: Resource Protection Wetlands ans <-- Bureau Resource f -- MassDEP File # INPA - Order (of ondill MiassadhLilsei.ts Wetly. ids Protection Act M.01. c. 131, §40 eDMACA saction.# W ity/-rown Eoignit':Wres Important: When This Order is valid for three yaars, unless otherwise specified as a special� � � i� on the computer, filling out forms condition pursuant to Generel•. Conditions #4, from the date of issuance. 1. Date of Issuance. use only the tab Please indicate the number of members who will sign this form. key to move your This Order must be signed b,F a majority of the Conservation Commission. 2. Number of Signers cursor - do not use the return The Order rruist be mailed by certified mail (return receipt requested) or hand delivered to key. the applicant.. A copy musi be mailed, hand delivered or filed electronically at the same time with the appropriate MassDEP Regional Office. r� r' Signatures V `` - ..__. �... Ji ❑ by h.-nd delivery c: n Date �]si 95 by certified mail, return receipt Tr nested, n f5 Date The applica 3i:, 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 ereby notifieca of their right to request the appropriate MassDEP Regional Of ice to iss _::e a-3upersec'ing Order of Conditions. The request must be made by certified mail or hand deli -very to the Department, with the appropriate filing fee and a completed Request of 75"ep;ai` mental action Pee Transmittal Form, as provided in 310 CMR 10.03(7) within ten b.,usiness days f orn the date of issuance of this Order. A copy of the request shall at the same ii-ne be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appeliar,a seeking to appeal the Department's Superseding Order associated with this appeal will bo required to dernonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservatio Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request .shall state clearly and concisely the objections to the Order which is being appealed and hove 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, alae Department has no appellate jurisdiction. wpa5sigs.doc • rev. 02125/2010 Page —Of — "ATTACHMENT A" 20. 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. 21. Prior to the initiation of any work, the applicant shall submit to the Commission a sequencing plan for construction, and erosion and sedimentation control installation. 22. 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. 23. All required permits must be obtained from federal, state and municipal agencies and departments prior to the start of any project. 24. 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. 26. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into the permit by reference and shall be followed during the course of construction. 26. 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 resource areas, and maintained or reinforced as necessary. Erosion controls shall be inspected after every rainfall to assure that maximum control has been provided. 27. An adequate stockpile of erosion control materials 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, riprap, filter berms or other devices planned for use during construction. 28. Soils exposed for periods greater than two months shall 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. 29. All disturbed areas shall be graded, loamed and seeded, or stabilized with erosion control blankets 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. Condition 30 is specific to the Northampton Wetlands Ordinance: 30. No disposal of soils or other materials shall be allowed within: a loo -year floodplain; 40 feet of the loo -year floodplain elevation; any wetland; any area within loo -feet of a wetland; any area within 200 feet of a perennial stream; a vernal pool, or any area within 200 feet of a vernal pool unless such areas are specifically approved by the Commission, in accordance with 310 CMR to.00, and City of Northampton Ordinances - Chapter 337 31-. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: 33, 34, 35 32. 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 too feet of wetland boundaries; all alterations within the wetland resource areas; and all dates of fieldwork. 33• 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 deed or legal instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain the following language: "This properly is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property may require an Order of Conditions, and/or a Determination of Applicability from the Northampton Conservation Commission. 34• Future alterations areas shown on NOI plans as Riverfront Restoration Areas, except as may be required to maintain them in restored or mitigated condition, are prohibited. Allowable activities include removal of species listed on the Massachusetts Prohibited Plant list and planting of native species. 35• Fencing, boulders, or other demarcation of the riverfront restoration approved by Conservation Commission staff, shall be maintained in perpetuity. 36. Prior to the Preconstruction Meeting, the applicant shall provide a detailed restoration plan for Riverfront Restoration to the Commission for approval. Said plan shall include details regarding pavement and gravel removal, excavation and soil replacement, and a planting plan. 37. Prior to the Preconstruction Meeting, all accumulated sand resulting from operations located on the project site shall be removed, as a part of restoration activities. 38. A request for a certificate of compliance, the applicant shall be accompanied by documentation to demonstrate that at least 75% of the surface of each restoration has been re-established with indigenous plants after three growing seasons. 39. All scarification work must be completed prior to issuance of a building permit. 40. Fencing, boulders, or other demarcation of the riverfront restoration approved by Conservation Commission staff, shall be maintained in perpetuity. fl,