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18D-059 (8) r _,4e � NOV 71997 r � 310CMR 10.99 DEP File No. 246-406 BUILDING INSPECTIONS � � �!-IAtc''fGN.MA 0I060 (To be provided by DEP) Form 5 City/Town Northampton Applicant: Commonwealth of Massachusetts AMENDED Order of Conditions Massachusetts Wetlands Protection Act G.L.c. 131,§40 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: City of Northampton-DPW Ciiy of Northampton,DPW Name of property owner Name of Applicant 125_Locust Street,Northampton do The Berkshire Design Group Address Address:4 Allen Place,Northampton This Order is issued and delivered as follows: [X] by hand delivery to applicant or representative on November 7, 1997 via Intercity mail. [] by certified mail,return receipt requested on (date) This project is located in Northampton wi ' The property is recorded at the Registry of Hampshire County: Book 596 Page 375 Certificate(if registered) N/A The Request to Amend Notice of Intent for this project was filed on October 9, 1997 The public hearing was closed on October 20, 1997 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 []Protection of Wildlife Habitat Total Filing Fee Submitted: $0.00 The ap lic is a municipality_andis_exempt from_thefilingfee_ State Share$0.09_ City Share$9.90 Total Refund Due$ N/A City Portion$ N/A State Portion$ N/A page 5-1 (memorex\wp\conscom\order.cc) 111 Therefore, the Northampton Conservation Commission hereby fmds 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 Conunission 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. 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 246-40.6_". page 5-2 (memorex\wp\conscom\order.cc) • 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 p 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&STAMPED BY: Barrett Street Brook improvements 05/29/97 The Berkshire Design Group Sheets 1/7-7/7(inclusive) Notice of Intent 5/29/97 The Berkshire Design Group Supplemental NOI Information: 6/10/97 _ The Berkshire Design Group -Geo-blanket specifications -Erosion control specifications&details Supplemental NOI Information 6/9/97 'mental,Inc Wetland impacts,proposed mitigation, alternatives analysis&Riverfront form Barrett Street Brook,City of North- OR/01/97 atnpton,Proposed Construction Procedure sec Water Control Plan,Prepared by Warner Bros.Inc Memo from George Andrikidis to 10/09/97 Paulette Kuzdeba Proposed Plunge Pool,Hampton Gardens 10L07/91 All Plans and information 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 be 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". page 5-3 (memorex\wp\conscom\ rder.cc) 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; 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. All required permits must be obtained from the Planning Board,Zoning Board,Department of Public Works, and Building Inspector prior to the start of projects involving fill within any wetland resource area; 23. Upon completion of the project, the Applicant shall submit a certification that all work has been done in conformance with the provisions of the Order of Conditions and request a Certificate of Compliance. If checked: [X]YES Certification shall be by a Professional Engineer for the grades of the channel and by a Wetlands Consultant who shall have been approved by the Commission to confirm if the applicant has complied with conditions relating to the wetlands. 24. If checked:[X]YES An"As Built"plan shall be included with the project engineer's certification,detailing the post-development conditions of the site: 25. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: (insert numbers). 26. Vehicles and/or equipment shall enter the project site only by the access route specified and approved by the page 5-4 (memorex\wp\conscom\order.cc) Conservation Commission. Access to the project shall be permitted from the end of Denise Circle. PLAN CHANGES: 27. 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. PRE-CONSTRUCTION REQUIREMENTS: 28. 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. 29. The name of the wetlands specialist shall be submitted to and approved by the Conservation Commission prior to the beginning of work. 30. The applicant shall notify the Commission in writing of the name, address, business and home telephone numbers of the project supervisor and/or contractor who shall be responsible for ensuring compliance with the conditions in this Order. 31. In the event of an emergency,problem,or the need to discuss site conditions with the Commission or its agent, the contact persons for this project shall be: (Days)Paulette L. Kuzdeba, Senior Planner and (Nights & weekends)Susan Roy. REQUIREMENTS DURING ACTIVE CONSTRUCTION: 32. No material removed for the construction of the Barrett Brook shall be utilized as fill material on the site,and shall be disposed of properly.Copies of the disposal receipts,or verification of disposal from the Department of Public Works, must be submitted to the Conservation Commission, prior to requesting a Certificate of Compliance. 33. Haybales/silt bathers and check dams shall be inspected at the close of each work day, and after each rainstorm.Any breaches in the siltation bathers shall be repaired prior to the continuation of work. VEHICLE ACCESS/STORAGE: 34. All equipment shall be operated,parked,and maintained in such a manner that will prevent potential alteration of the wetland/resource area and buffer zone. 35. Equipment shall be operated and stored only in those areas identified by members of the Conservation Commission in the field, and physically located in the field through use of a construction barrier.This area shall be located in the vicinity of the access point,pursuant to Condition Number 26 of this Order. WETLAND REPLICATION: 36. A Wetland Specialist,approved by the Conservation Commission,shall make daily inspections and/or be on- page 5-5 (memorex\wp\conscom\order.cc) site during all phases of channel&access road construction,during the initial removal of the sandbar(located adjacent to Barrett Street)and during replanting and of the disturbed wetland areas.37.The wetland specialist shall submit a report to the Commission,at the completion of project construction,detailing the progress of the work,and impact of work on resource areas. 37. If the seed stock and vegetative structures in the excavated soils do not result in establishment of a plant community comparable to the original wetland species composition,and with at least fifty(50%)percent cover by the end of the first growing season,the applicant shall supplement with plantings of indigenous species obtained from a nursery specializing in the propagation of wetland plants. 38. A report of the success of re-vegetation activities shall be submitted to the Conservation Commission,by a qualified wetlands scientist on the following schedule: By one year from the start of construction. By the second year from the start of construction. 39. If more than 50% wetland vegetation has not been established after one growing season (1 year), then additional plantings and/or changes to the wetland restoration plan shall be submitted to the Conservation Commission for consideration and approval. 40. If more than 75% wetland vegetation has not been established after two growing seasons (2 years), then additional plantings and/or changes to wetland restoration plan shall be submitted to the Commission for consideration and approval. EROSION AND SEDIMENTATION CONTROL; 41. 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.A stockpile of silt fencing and haybales shall be maintained within the easement/access area in case of emergency. 42. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established,following U.S.Soil Conservation Service(SCS)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. 43. Check dams shall be inspected at the close of each work day,and after each rainstorm.All material collected on the upgradient side of the check dam, shall be carefully removed by hand into bucket of equipment and removed off-site.Any breaches in the check dams/siltation barriers shall be repaired immediately,prior to the continuation of work. 44. A dewatering plan shall be submitted to the Commission for approval,prior to the pre-construction meeting. Said dewatering plan shall include but is not limited to provision of a dry work area for the approved work and prevention of siltation into adjacent resource areas.A plan detail and a narrative description shall be provided which thoroughly explains how water will be treated to remove suspended particulates prior to its release to any resource area. 45. Prior to the commencement of construction,the applicant shall submit to the Conservation Commission for its approval,a detailed long term maintenance and management plan in compliance with the DEP Stormwater Management Guideline Requirements.The plan shall address the maintenance of,details for compliance and page 5-6 (memorex\wp\conscom\order.cc) cleaning/checking schedule for: - the drainage channel; - the access roadway; - sumps of proposed catchbasins - culvert outfalls;and - plunge pool. A cover letter from the DPW shall also be required to be submitted with the schedule fro maintenance,stating that the Department agrees to perform the proposed maintenance per the schedule approved by the Conservation Commission. Once approved,the maintenance plan is hereby incorporated into this Order and shall be followed as an on- going condition,not to expire with the issuance of a Certificate of Compliance. page 5-7 (memorex\wp\cons com\order.cc) GA TT (ig-OOK_ 310 CMR: DEPI 'MENT OF ENVIRONMENTAL PRC ,CTION 10.99: continued Issued by the Northampton Conservation Commission Signature(s) This Order must be signed by a majority of the Conservation Commission. On this Jo day of l./C i vi-eA. 19 / • ,before me personally • appeared Frn n I.. 7T afu ci l •3; ,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. - 1"/77 0 09 Notary Public 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 CMR 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. To Northampton Conservation Commission Issuing Authorityy'Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in,.the•ehain 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 If registered land,the document number which identifies this transaction is Signature Applicant olaad?uI 2fuou� 4/1/94 oTI• n a i 10 CMR - 423 423