OOC Manhan Earle Street to Easthampton
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
DEP File Number:
246-590
A. General Information
Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.
From:
Northampton
1. Conservation Commission
2. This issuance is for (check one):
a. Order of Conditions b. Amended Order of Conditions
3. To: Applicant:
Wayne
a. First Name
Feiden
b. Last Name
City of Northampton
c. Company
210 Main Street City Hall
d. Mailing Address
Northampton
e. City/Town
MA
f. State
01060
g. Zip Code
4. Property Owner (if different from applicant):
Michael
a. First Name
Martin
b. Last Name
National Grid
c. Company
25 Research Drive
d. Mailing Address
Westborough
e. City/Town
MA
f. State
01582
g. Zip Code
5. Project Location:
Mass Electric ROW, Earle Street to Northampton/Easthampton Town Line
a. Street Address
Northampton
b. City/Town
38C-076 & 44-057
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known (note: electronic filers will click for GIS locator):
e. Latitude
f. Longitude
6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Hampshire
a. County
b. Certificate (if registered land)
1605
c. Book
375
d. Page
7. Dates:
07/12/2006
a. Date Notice of Intent Filed
07/27/2006
b. Date Public Hearing Closed
8/17/2006
c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references as needed):
Plan and Profile of Manhan Rail Trail
a. Plan Title
MS Transportation Systems, Inc
b. Prepared By
c. Signed and Stamped by
11/24/2004
d. Final Revision Date
1"=40'
e. Scale
f. Additional Plan or Document Title
g. Date
B. Findings
1. 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
b. Land Containing Shellfish
c. Prevention of Pollution
d. Private Water Supply
e. Fisheries
f. Protection of Wildlife Habitat
g. Groundwater Supply
h. Storm 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:
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 apply below. (For Approvals Only)
3. Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available)
5
a. linear feet
Resource Area
Proposed Alteration
Permitted Alteration
Proposed Replacement
Permitted Replacement
4. Bank
a. linear feet
b. linear feet
c. linear feet
d. linear feet
5. Bordering Vegetated Wetland
a. square feet
b. square feet
c. square feet
d. square feet
6. Land Under Waterbodies and Waterways
a. square feet
b. square feet
c. square feet
d. square feet
e. cu.yd dredged
f. cu.yd dredged
B. Findings (cont.)
Resource Area
Proposed Alteration
Permitted Alteration
Proposed Replacement
Permitted Replacement
7. Bordering Land Subject to Flooding
a. square feet
b. square feet
c. square feet
d. square feet
Cubic Feet Flood Storage
e. cubic feet
f. cubic feet
g. cubic feet
h. cubic feet
8. Isolated Land Subject to Flooding
a. square feet
b. square feet
Cubic Feet Flood Storage
c. cubic feet
d. cubic feet
e. cubic feet
f. cubic feet
9. Riverfront area
10,250
a. total sq. feet
10,250
b. total sq. feet
Sq ft within 100 ft
4,100
c. square feet
4,100
d. square feet
e. square feet
f. square feet
Sq ft between 100-200 ft
6,150
g. square feet
6,150
h. square feet
i. square feet
j. square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. Designated Port Areas
Indicate size under Land Under the Ocean, below
11. Land Under the Ocean
a. square feet
b. square feet
c. cu.yd dredged
d. cu.yd dredged
12. Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
13. Coastal Beaches
a. square feet
b. square feet
c. c/y nourishmt.
d. c/y nourishmt.
14. Coastal Dunes
a. square feet
b. square feet
c. c/y nourishmt.
d. c/y nourishmt
15. Coastal Banks
a. linear feet
b. linear feet
16. Rocky Intertidal Shores
a. square feet
b. square feet
17. Salt Marshes
a. square feet
b. square feet
c. square feet
d. square feet
18. Land Under Salt Ponds
a. square feet
b. square feet
c. cu.yd dredged
d. cu.yd dredged
19. Land Containing Shellfish
a. square feet
b. square feet
c. square feet
d. square feet
20. Fish Runs
Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above
a. cu.yd dredged
b. cu.yd dredged
21. Land Subject to Coastal Storm Flowage
a. square feet
b. square feet
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
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.
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.
The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply:
the work is a maintenance dredging project as provided for in the Act; or
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.
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.
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.
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.
No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry’s Grantor Index under the name of the owner of the land
upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the
Registry of Deeds, prior to the commencement of work.
A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
“Massachusetts Department of Environmental Protection” [or, “MA DEP”]
“File Number
246-590
”
C. General Conditions Under Massachusetts Wetlands Protection Act
Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before
DEP.
Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
The work shall conform to the plans and special conditions referenced in this order.
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.
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.
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.
Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
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.
All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards.
Special Conditions:
If you need more space for additional conditions, select box to attach a text document
See "Attachment A"
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Yes No
2. The
Northampton
Conservation Commission
hereby finds (check one that applies):
3. that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw
b. 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 of Conditions is issued.
4. that the following additional conditions are necessary to comply with a municipal ordinance or bylaw:
Northampton Wetlands Ordinance
a. Municipal Ordinance or Bylaw
Chapter 24/25
b. Citation
The Commission orders that all work shall be performed in accordance with the following 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.
If you need more space for additional conditions, select box to attach a text document
c. The special conditions relating to municipal ordinance or bylaw are as follows:
See "Attachment A"
E. Issuance
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance.
1. Date of Issuance
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 applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this
Day
of
Month
Year
Before me, the undersigned Notary Public, personally appeared
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 for its stated purpose.
As member of
City/Town
Conservation Commission
Signature of Notary Public
Printed Name of Notary Public
Place notary seal and/or any stamp above
My Commission Expires (Date)
This Order is issued to the applicant as follows:
by hand delivery on
by certified mail, return receipt requested, on
Date
Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land
is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or
hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business
days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,
if he/she is not the appellant. Any appellants seeking to appeal the Department’s Superseding Order associated with this appeal will be required to demonstrate prior participation in
the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public
hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified
in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.
In the case of recorded land, the Final Order shall also be noted in the Registry’s Grantor Index under the name of the owner of the land subject to the Order. In the case of registered
land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form
shall be submitted to the Conservation Commission listed below.
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
DEP File Number
Has been recorded at the Registry of Deeds of:
County
Book
Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book
Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant