Haydenville Brook Rd Order of ConiditonsForm 5
Address
Commonwealth
of Massachusetts
To Northampton Department of Public
(Name of Applicant)
Locust St., Northampton, MA
The public hearing was closed on 5/28/85
❑ Public water supply
❑ Private water supply
❑ Ground water supply
IS:I Flood control
gro ?wk.
From the Northampton Conservation Commission
5 -1
DEQE File No.
s` /; is / &5S
1 / 1
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40 ,
Works. City of Northampton
(To be provided by DEQE)
City/Town Northampton
Applicant N' ton B'. P W
(Name of property owner)
246- 126
Address
This Order is issued and delivered as follows:
DI
by hand delivery to applicant or representative on June 10 , 1985 (date)
❑ by certified mail, return receipt requested on (date)
This project is located at Haydenville Brook, easterly side of Hayden,Ti 1 1 P Rd (R re 9)
The property is recorded at the Registry of Deeds , Hampshire County
Book 1267 Page 217
Certificate (if registered)
The Notice of Intent for thia'project was filed on 11/3/84 (date)
(date)
Findings
The Nnrrhamptnn Cnpgprvati on ro*r csi nn 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 Conservation Commi ssion 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):
❑ Storm damage prevention
❑ Prevention of pollution
❑ Land containing shellfish
❑ Fisheries
Plans:
Title Dated Signed and Stamped by: On File with:
Plan submitted with Notice of Intent
Special Conditions (Use additional paper if necessary)
1) All construction areas shall.be restored to roginal condition or better
upon completion of the project, including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland
area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable
disposal sites, unless otherwise approved by the Conservation Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so
as to minimize washing into wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas;
5) This Order Of Conditions shall apply to any successor in interest or successor
in control.
6) Members and agents of the Conservation Commission shall have the right to
enter and inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary by the Commission
for that evaluation;
7) - This Order Of Conditions is issued in accordance with Section 10.530)(k.) of
310 CMR: The routine maintenance and repair of road .drainage'stt_u'ctur'es in
cluding culverts and catch basins, drainage easements, ditches, watercourses
and artificial water conveyances to insure flow capacities which existed on th
effective date of these regulations.
(Leave Space Blank)
5 -3A
1
General Conditions
5 -2
Therefore, the Conservation Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Cons ervati on Commi s sion - orders that all work shall be performed
OP
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the foi-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This 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 de-
bris, 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. 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 submitted to the rr,mp i s i on
on the form at the end of this Order prior to commencement of the work.
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,words, "Massachusetts Department of Environmental Quality Engineering,
File Number 246 1 6
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
1 1. 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:
ORDER OF CONDITIONS #246 -126
City of Northampton Department of Public Works
Special Conditions (continued)
8) All dredged materials shall be removed from site,
9) Side slopes of the dredged channel shall not exceed a 1/1 slope, and shall be
.seeded (and loamed where necessary) immediately, upon completion of the dredging,
and the slopes shall be reseeded (and loamed) as 'needed in the fall,
10) Egress and access to the brook shall be made through the bordering vegetated wet-
land at a single point, and the dredging equipment shall run through the bed of
the stream,
11) Siltation /sedimentation basins shall be constructed at the downstream end of the
project prior to the beginning of dredging,
12) No alterations shall be made to the path of the stream, and the channel shall
be restored only to its original capacity,
13) The existing culvert. under Haydenville Road (Rte 9) shall be cleaned out.
Issued By
Signature(s)
Notary Pu
41;
•
Tt (p /l _P -1,1-
Northampton
1 •
Detach on dotted line and submit to the No . t • - n . • •
This Order must be signed by a majority of the Conservation Commission.
On this 5th day of June 19 85 before me
personally appeared Karen Simon , to me known to be the
instrument and acknowledged that be /she executed
person described in and who executed the foregoing
the same asthis/her free act and deed.
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work la to
be done or any ten residents of the city or town In which such land la located are hereby notified of their right to request the Department
of Environmental Quality Engineering to issue a Superseding Order, providing the request Is made by certified mail or hand delivery to
the Department within ten days from the date of Issuance of this Order. A copy of the request shall al the sane time be sent by certified
mall or hand delivery to the Conaervatlon Commission and the applicant.
To Northampton Conservation Commission
•• -
• • • N 11
•
Issuing Authority
Please be advised that the Order of Conditions for the project at_
File Number 246 has been recorded at the Registry of Deeds, Hamp.sh i rP Cnnn ty and
has been noted in the chain of title of the affected property In accordance with General Condition 8 on 19
If recorded land, the instrument number which identifies this transaction Is
1f registered land, the document number which identifies this transaction la
Signature
5 -4A
Conservation Commission
WENDY MAZZA
NOTARY PUBLIC
MY CC)MMIscirw FYPIPPS
My commission expires OCTOBER 24,1991
for to commencement of work.
Applicant
Director: B. Stanley Dowgert
Chairman
Conservation Commission
City of Northampton
City Hall
Northampton, Mass. 01060
Dear Sir:
Thank you.
n
The following conditions exist:
SMITH
VOCATIONAL - _AGRICULTURAL
HIGH SCHOOL
6. The area has been stocked with trout (enclosure2).
Sincerely,
80 Locust Street
Northampton, Massachusetts 01060
Telephone: 584 -5759
July 16, 1975
In accordance with M.G.L., Chapter 131, Section 40, as amended. The
Smith's Agricultural School request a Certificate of Compliance on D.N.R. Project
246 -4.
1. The dam structure, as submitted in the plans, has been erected. The
certifying engineer has inspected the structure and certified it to be in accord-
ance with the stated specifications (enclosurel).
20 The spillway catch area has been filled with rock (Avg. Dia. 6 ") to a
depth exceeding 1.0 feet.
3. The access roadway has been graded and the necessary cross drainage areas
have been installed.
4. The disturbed areas during construction have been graded, limed, fertilized
and seeded to a mixture of annual and perrenial rye. Two dozen spruce and balsam
fir seedlings have been located in the disturbed areas.
5. The banks surrounding the pond have been graded as stated in the original
specifications.
7. As part of the annual forest management plan, all further maintenance
to the area, regarding tree maintenance, road stabilization and vegetative cover,
will be described and carried out on an annual basis. This is done in accordance
with our being a member of the American Tree Farm System.
If I can be of any further assistance to you, regarding this matter,
please notify me of such.
MB /es Mark Brad-ford-,-Instructor,-Forestry--&-Engineering
Director: B. Stanley Dowgert
Chairman
Northampton Conservation Commission
City Hall
Northampton, Massachusetts 01060
Dear Sir:
SMITH
VOCATIONAL.- AGRICULTURAL
HIGH SCHOOL
October 8, 197
In accordance with condition #13, Department of Natural Resources file
number 246 -4+, the following situation exists:
80 Locust Street
Northampton, Massachusetts 01060
Telephone: 584 -5759
1. The pond area has been excavated.
2. The entire area has been seeded to a mixture of seed oats and
annual rye.
3. The pond banks were covered with mulch hay, as needed.
4. One section of the bank on the northwest side of the area remains
in the need of more grading, at present this area has been seeded.
5. Due to the lack of co- ordination with General William Hurley and
the inefficiency of the 181st Engineer (CBT) Bn. of the
Massachusetts National Guard, the site work was not completed as
originally stated nor was the dam structure erected.
At this time I would like to request the Conservation Commission to make
an on sight inspection of the area and consider the following proposal:
Thank you.
Copy to:
Extension of the permit date until January 1, 1975. The reason
for such being, the introduction of a civilian contractor to erect
a suitable dam for the area.
At the request of the Commission, I would invite them to inspect
a dam of similiar design and structure.
Work on the dam would begin one week after notification of an
extension and be completed within 20 working days.
Sincerely,
Mark Bra.r ord
Instruc or, Natural Resources
1. Director, Smith Agricultural School
2. General William Hurley 5. Comm. Gen. Mass. Army National Guard
3. Commanding Officer, 181st Eng. Bn. 6. File
4. Chief, Engineering Services, VA, Hospital, Northampton
CONSERVATION COMMISSION
Richard Carnes, Chairman
277 Audubon Road
Leeds, Mass. 01053
Mr. Stanley Dowgert, Director
Smith Vocation - Agricultural H.S.
80 Locust St.
Northampton, Mass. 01060
cc: Russ Sears
CITY OF NORTHAMPTON
MASSACHUSETTS
Sincerely,
Charles H. DaUch y
Conservation Planner
Charles.H. Dauchy
Conservation Planner
Northampton Planning Dept.
240 Main Street
Northampton, Mass. 01060
August 14, 1975
Dear Mr. Dowgert:
Enclosed is the Certificate of Compliance with the Order of Conditions
issued by this commission for the construction Of a fish pond, file # 246 -4.
This certification was requested by Mark Bradford in his letter dated July
16, 1975, and may now be recorded at the Registry of Deeds.
Inspection of the site showed that unauthorized grating installed over
the box inlet at the dam was severely restricting the designed flow capacity,
resulting in over - topping of the pond embankment and increasing the chance of
failure. This certificate is issued with the understanding that these
gratings will be removed. If alternative provisions for the safety of persons
using the area are considered necessary, they should not interfere with the
hydraulic design of the dam.
PROJECT LOCATION Route 9, Leeds, Mass, DATE August 11, 1975
FILE NO. 246-4
It is hereby certified that the work regulated by an Order of
Conditions dated October 5, 1973 by the Northampton
'! ,1 eta ::v^70141 illiftsa` , 1P • 11.0. z, 2/WA! r ter z# e.. r •
has been satisfactorily completed.
This Certificate shall be recorded in the Registry of Deeds
for the district in which the land is located. The Order was
originally recorded on October 12, 1973
(date)
de f-s. ie. f
*)!-
iP'':�^'�y ♦+sue
personally appeared
■otary Public
CO1 r IWEALTH OF MASSACHUSETTS ,l
WETLAND PROTECTION ACT
G.L. C.131 s.4O
CERTIFICATE OF COMPLIANCE
M F 11
-34=
Conservation Commission /x/
Northampton Conservation Commission
Signature of Issuing Authority
On this /Cod day of , k X51 197 before me
r
to me known to be the person described in and who executed the
foregoing instrument and acknowledged that he executed the same
as his free act and deed.
tcg,
slot expires
Form 3
1\? e q, o1V *sachusetts
2. Project: Type
Commonwealth
of Massachusetts
(see attached topographic map marked #2 for
land of the City of Northampton.
3. Registry: County Hampshire
5. Property Owner City of .Northampton
,- 4
/L- _ 2 -t{ d___ -I_2 t
limit of work),
Current Book Book 1267
3=1
DEQE File No.
City /Amax
Applicant City of Northampton,
Department of Public Works
Notice of Intent
Under the
Wetlands Protection Act, G.L. c. 131, §40
and
Ppa <
, , Application for a Department of the Army Permit
(To be provided by DEOE)
NORTHAMPTON
Part 1: General Information
1. Location: Street Address Hayderivi1.1e 'Rdl3rook easterly off Haydenville Road, Route 9,
Lot Number Northampton
Description Dredging the Haydenville Brook
Brook
Address 125 Locust Street:, Northampton, Massachusetts 01060
24--/T3
runs through
& Page 217
Certificate (If Registered Land)
4. Applicant City of Northampton, Department of Public Works Tel.(41 3) 986 -6950,
Ext. 270
Tel (413) 586 -6950,
Ext.270
Address
6. Representative City of Northampton, Department of P,;i i rks Tel. (413) 586 -6950,
Ext.270
Address
7. Have the Conservation Commission and the DEQE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes No (]