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06-048 haydenville rd conservation commissionForma DEOE FY re. (TOES W7EOE) lug Commonwealth ^ 's Csyrt� c' of Massachusetts � • : J _ c ' —07 'lwtc.n Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Part I: General Information 1. Location: Street Address •�' -; -' 'fie Lot Number ° 2. Project: Type - Description ec - CT.) 1 - .. .. . ._z C -. 0 3. Registry: County Current Boo - I C ` C &- Page Certificate (If Registered Land( 4. Applicant e "o o: l "r , T -c . Tel. 5. Property Owner =c = o o� Tel. Address - -0l ] / ' vj r - 6. Representative I , 'ij Tel. - ^` 7. Have the Conservation Commission and the DEOE Regional Office each been sent, by certified mail o� hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes ® No ❑ 3.1 8. HMO all obtainable pamft, variances and approvals Modred by local byiw bean obt hWp Yea Of No ❑ Obtained: Applied For Not Applied For 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L c. 131, 640A or G.L C.130.6105? Yes ■ No ❑ 10. Ust all plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter Title, 0de 11. Check those resource areas within which work is proposed: (a) ® Buffer Zone (b) Inland: ■ Bank' ■ Land Subject to Floodi Bordering Vegetated Wetland' ® Border ® Land Under Water Body g Waterway ® Isolated kl Coastal: ❑ Land Under the Ocean- ❑ � Designated Port Area• ❑ Coastal Beach • ❑ Coastal Dune ❑ Barrier Beach ❑ Coastal Bank ❑ Rocky Intertidal Shore ❑ Salt Marsh• ❑ Land Under Salt Pond' ❑ land Containing S *#Mh• ❑ Fish Run• Likely to involve U.S. Army Corps of Engi concurrent Jurisdiction. See General Instructions for Completi Notice of Intent. 3 -2 Pert a Slle Description Indicate which of the following information has been provided [on a plan, In nerrative descrlpecn of celeule- tional to clearly, completely and ecaaatey describe axis&* $pa cOnA 1010111 . Identifying Number /Letter (of plan, narrative or calculations) Natural Features: 2 Sala Vegetation Topography Open water bodies [Including pasts and taken) 1 Flowing water bodies (including shei ms and rivers) , Public and private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevatbre with dates and location of test Boundaries of resource areas checked under Pert 1, Item 11 above T Other Man -made Features: Structures (such as buildings, piers, towers and headwals) Drainage and flood control facilities at the ails and immediately off the site, Including culverts and open channels (with inverts). dams and dices Subsurface sewage disposal systems Underground utilities Roadways and parking areas Property boundaries, easements and rights- of-way Other Part lit: Work Description Indicate which of the following information has been provided (on a plan, in narrative description or calcula- tions) to dearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying NumberlLefter (of plan, narrative or calculations) Planview and Cross Section of: Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities, Including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems d underground utilities Filing, dredging and excavating, indicating volume and composition of material Compensatory storage areas, where required in accordance with Part III, Section 10:57 (4) of the regulations Other Point Source Discharge Description of characteristics of discharge from point source (both closed and open channel), when point of discharge fells within resource area checked under Part I, Item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 3 -3 I . DMnestion of the drainegsereaeanaftft to the pokdotdiednrga: 2. Prs• and poatdevebpment peak n"Off from the dr.lrrgs are@. st the point of diadea s. fo at feast the 1 Gysr and 1 M y ear frepuency at": 3. Pre. and Post4evebPment rate of kdatration 17 above: W 10 the raeoraee area etieNred urWx Part I. Item 4• EsNnWed water pua6ty ChwaetenStics of pro. and poetdsva vnant runoff at the point of discharge. Pert IV: Mitigating Measure 1. 010301. completely and accurately describe, with reference to Supportkq plena and caculsaons wham necessary: [a) N meaeumS end desigm proposed to mast th p.1mr race stsndwds net foft wrier each ra- source area sMftd in Pert It or Pert M of the regulason@: or 1. rn .4r J f tbn do not apply. cc15 (b) why the presumption resource set forth under each area Specdbd in part d or part IN of the regale. O CenOY Rweyrp Mae Try waa aiieM'err.nawarlsasr tleeysndapsnsa , c c- e so ids o eaver oo:,, aj ,, ce �t o 1],g gat ctive - E2.,, .,_e. or� va ", i trOii"�" 'le .,n 1 U��1 rt t , o c rat i +1e re.,_be - �o be a re! s -elly. heavy rain! alirays causes the 'crook to £loon and at ti - Lies the s:ater coF ^_es d errerou-sly close to cverPiovrin, the state roes 3oute c, "-t is not nrooFble but it's ^ossible, Over the years, an access bridge to - 'r. J: rs. .r Ouse Pro '�t. q was rereat edl� comaletel s.abme gyred ruder water r„eking it im to cross. (� �wW Rewu+ea Ares ryes: [i( Yaaq Iars SPW" r tlU sopnt deCmenb 3y clearing an over — grove br!csh on 'tie out- sine of the n-oo' ill :r cio rtedl- el ii -i— °e 'nix' srnei_ -' area, definitel- reduces ti!reet c_ fl oodwe.tor overxl,i co _t.c, end. cons ec!aentl5 -,p g in the premise visnall }= ,:such .,,ore attractive. Since rare 11ave no irtention o?' clearing the north side of the broo? =_, there s•;ill to eno caracity -reserved for i].dll e habtat ar_d cra nr- ou s 'hexefo n aalterzticn ter, 2 of v'i1Ci;:e- ^�� o ce is selective - c tiny i 3.4 Part V: Additbnel Information for a Deprartmenl of the Amy PennN 1. COE APpacabon No. - (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners aditik" your property. 4. Document other project alternatives (i.e., other iocatione and/or construction methods, particularly those rat would eliminate the discharge of dredged orft material into waters or wetlands). S. 8%' x 11 " drawings in planview and cross - section, stowing the resource area and the proposed activ- Ity within the resource area. Drawings must be toseale end should be clear enough for photocopying. CarKcation s required from the Division of Water Pollution Camd before the Federal perrrt can be sued. Cerafraum may be ebtaned by oartachtg the DAM Of Water Pollution Cair0L 1 WSW SaeetOosen. Massacrnusetts 02108. Where the activity will take place v&n the area viler the Masssachisets approved Coastal Zane Managemem Program. the applicant certifies that his proposed activity canplies with and willbe conducted in a marrer that 6 consistent Filth the approved program. Infometion provided will be used n evaluatrg the application for a peimd and s made a matter of pubic record through ssuance of a pubic notice. Disclosure of Rs nfonnation IS voluntary ho✓bever i necessary nformaoon s not provided. the application cannot be processed nor can a permit be sued. I hereby certify under the pains and penalties of perjury that the toregoing Notice of Intent and accompanying plans, documents and supporting data are true and complete, to the best of my knowled e. _ z hg Signature of�Appicl ant Date Signature of Applicant's Representative Date FORM "E• ° °.�i °' •° sec Form 0" a"F d by HQUMCE. a U-1 usr. NED 100 ( TESTL- re: m...... ........ .w..a.w....a.r.b. Army ..d s.... .r Y....a..n.. ..rn°..:.. 1 MAY 82 r... F..... t..bl... w•.m.°• •• "farm .° �.a.t.:. u....d s........m. n. Off-. .r r ..... m.....d E.dE.t (DYE) b...",d ' .b... a....... ..... by o. uE A,., c.rn .r ...... I . OUR N..bn 010.-0031 ..d ..FM.u.° do. el X beF...w. rW .wr.: T\4. ...u.... con) b. 1 f. { ni.. yr.. 3 -6 A: AlyaAYHw)a* C 3. ; Sevued` /�`vea OF 11 �� j C �ll� � w m a o a ENVILL MARY iERY The Brook Club Inc. d6a Beaver Brook Country Club P. O. Box 154 R +.Q Haydenville, Mass. 01039 \ � q,�FeCl,�y mowev r} Qeaver Brook ProP� i J E7 Preserved orea- 0.3 Kle C I /1 90 WJ II LaMsbww Nov+llo F4F 0 _J p Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands W WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetland Protection Ordina c. 24 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. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. WPA Form 3 Rev. 02/00 DEP File Number: Provided by DEP Northampton Town 1. Applicant: u d Name E -Mail Address (if applicable) UX99Ckeny t\A A , o to31 Cityrrown State Zip Code 4k]1 - 26 -7yz x 1 26 g- \7$$ . Phone Number Fax Number (if applicable) 2. Representative (if any): ` - Me giok GI vb , 7AA c ,/bM f3woX51<_ Gid l�- ('Qws Firm � r Contact Name h E -Mail Address (if applicable) Mailing Ad A ti"N . at Cityrrown State Zip Code 4 - z6s- - `�z 4t3-26Q 7a Phone Number Fax Number (if applicable) 3. Property Owner (if different from applicant): Name Mailing Address Cityrrown 4. Total Fee: J 2J�0 .00 (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: State Zip t4c7aV�tle RC� -, Northampton Street Address Cityrrown 0 06- o Q - ook , 04- 04.1 - ao l , 0&6- og$- acj , co - 64-1 - oc 1 Assessors Map /Plat Number (REQUIRED) Parcel /Lot Number (REQUIRED) 6. Registry of Deeds: t�aw.psln',v� 2 1 3.6 123 _ County Book Page Certificate (if Registered Land) Vote: The Northampton Conservation Commission requires nine (9) collated copies of the completed Notice of Intent application together with the filing fee. Page 1 of a U u 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 City of Northampton Wetland Protection Ordinance, c. 24 A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? A Yes If yes, how many square feet? ❑ No ls5 oo O DEP File Number: Provided by DEP Northampton Town b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact (e.g., sq. ft.) t a?_x� Wtood� �►nh e B. Project Description General Project Description: V //-- oy^e d \ -- 11 ii 11 � Cl. nn � Vi G T �c-S 6s ) �'T - �t� -� S� O �- ��iptt� 2. Plan and /or Map References: t l' = Z' P ay -J a5p of Title Date WPA Form 3 Rev. 02/00 Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands T WPA Form 3 — 1' , lotice of Intent t _.. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' City of Northampton Wetland Protection Ordinance, c. 24 ,v C. Activities Subject to Regulation DEP File Number: Provided by DEP Northampton Town 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas ❑ Inland Bank Bordering Vegetated Wetland (BVW) Coastal Resource Areas ❑ Coastal Beach ❑ Barrier Beach ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Square Feet altered V Square Feet replaced Land Under Water Bodies: Square Feet altered Cubic Yards dredged Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Square Feet altered Cubic Yards/Volume removed Salt Marsh: Square Feet altered Coastal Bank: Linear Feet altered Bordering Land Subject to Flooding: Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Isolated Land Subject to Flooding: -161- Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Land Under Salt Pond: Square Feet altered Cubic Yards dredged Rocky Intertidal Zone: Square Feet altered Designated Port Area: Square Feet altered WPA Rev. p� 3 Page 3 of 8 ' Massachusetts Department of Environmental Protection Bureau of Resource ProteeJon - Wetlands u WPA Form 3 — Notice of Intent " Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetland Pro t e ction Ordinance, c. 2 4 C. Activities Subject t-) Regulations (cont.) Fish Run: Linear Feet altered Land Subject to Coastal Storm Flowage: Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): DEP File Number: Provided by DEP Northampton Town Land Containing Shellfish: Square Feet altered Beach: Square Feet altered b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects c. Describe how the Mean Annual High -Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High -Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: zsquare Feet f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 100 Square Feet between 100 ft. and 200 ft. WPA Form 3 Rev. 02100 Pege 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Wetland Protection Ordinance, c. 24 Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ❑ DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more wetland indicator plants ❑ Saturated /inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State - Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes 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 No oecew 6e V 3[, 20o i Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes . If yes, provide name of ACEC (see Appendix D for ACEC locations): c. 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)? ❑ Yes ENN WPA Form 3 Rev. 02/00 Page 5 of B w...._ ...... ........... ..._..........:,......,....,..,.....,.:,.,_.:...,_..... ,.:..,...,..,._....,..,,.,.�... u,:.,.:.:,, ,..::..,..:.:,..:_.,.:::..:.... 1 \11 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 ' City of Northampton Wetland Protection Ordinance, c. 24 D. Performance Standards DEP File Number: Provided by DEP Northampton Town I. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CM 10.53? X Yes If yes, describe which limited project applies to this project: �. fe i vt - `cu a a1 Y it Law rvto ❑ No 't 1Mpoc. 00 }3VI!`/ V%VeUk�ahk:�+� ; me - M ood v C'apa� 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. De Yes If yes, describe which exemption applies to this project: If 'b iMtXic`-V 0�1 V%VQV "�'A► , Mot" 4000k Uxx� ❑ NO C a vact'15f 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Residential Subdivision ❑ Transportation ❑ Industrial Development ❑ Commercial Development ❑ Other (describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? Yes ❑ No 4. a. Describe 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. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? 9 - Yes If yes, explain why the project is exempt: 7 ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. WPA form 3 Rev. 02!00 Page 6 of 8 ' Iwa_i:.:1' r ' " . :1:.•: 4..u:`wi.�:•:sY,.1:.: e:..:i.:.::.'...•. •.. •a..•,...nua�.....a.......:t'.. e. �.L... .,:.::.M�: '� � .. . ..... .. .. .� ....�: • .•..�ux•., .,.._. .., t .....,.............x... .xa,i.. ..xa . . • .� .. a• ..i. • v.�l vMwx.L .ah i U � 1 v ....... ._. ... ...... .....x.,...�..x -.i.. u: aW. i„ a........,....,.>. v:...,. xn._,.•,,..._......., a ..,.,...,,,..._,.:...s..a...... Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Northampton 'Q City of Northampton Wetland Protection Ordinance, c. 24 Town E. Additional Information Applicants must include the following with this Notice of Intent (NOI): • 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. • 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. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and Appendix B. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm fee payment: ` 45�4 A I 12.Jt A,M -4 z C h6:4 , Payor name on check V ..2q /o -2- Check date Applicant name (if different from payor) G. 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 in accordance with the wetlands regulations, 310 CMR 10.05(5)(x) and that the expense associated with this notice is included in the Notice of Intent filing fee. 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 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. This is the responsibility of the applicant. Q Signature of Date Signature of Property Owner (if different) Date signature or rtepresentauve pr any) Date WPA Form 3 Rev. 02100 Page 7 of B Massachusetts Department of Environmental Protection lit Bureau of Resource Protection - Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Applicant Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1 Cityrrown State '72-2-1 Zip Code Phone Number l 2. Property Owner (if different): Name Mailing Address Cityrrown State Zip Code Phone Number 3. Project Location: Northampton Street Address Cityrrown B. Fees To calculate Abbreviated Notice of Resource Area Delineation (Form 4A): filing fees, refer to the category fee list and The fee is calculated as follows (check applicable project type): examples in Section D of ❑ single family house project this form. X $1.00= (feet of BVW) Total fee (not to exceed $100) ❑ all other projects X $1.00= (feet of BVW) Total fee (not to exceed $1,000) Share of filling fee payable to State: (1/2 of total fee, less $12.50) Type I: Filed under both Share of filing fee payable to Northampton: Massachusetts Wetlands Protection (1/2 of total fee, plus $12.50) Act and City of Northampton Wetlands Protection Ordinance + Category 7 fee: $ 70.00 Total Fee Payable To: "City of Northampton" Type II: Filed under Northampton Category 8 fee only Wetlands Protection Ordinance Total Fee Payable To: "City of Northampton" only. See Ordinance for details. wPA Appendix e Rev. 02100 Page 1 of 6 Mailing Address A` PtA VAl'P _ MA n ID.Q"1 t : ....:..:......:..:.:::....:.... . Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, Chapter 24 B" Fees (cont.) Abbreviated Notice of Intent (Form 4) or Notice of Intent (Form 3): The fee should be calculated using the following six -step process and worksheet: Step 1/Type of Activity: Describe each type of activity (see Section D for a list of activities) that will occur in wetland resource area and buffer zone. If filing under the Northampton Wetlands Protection Ordinance only, go directly to Step 6. Step 2 /Number of Activities: Identify the number of each type of activity. Step 3 /Individual Activity Fee: Identify each activity fee from the six project categories in Section D. Step 4 /Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6 /Fee Payments: For a filing under both the Massachusetts Wetlands Protection Act and the Northampton Wetlands Protection Ordinance, calculate the state share of the fee by dividing the total fee in half and subtracting $12.50. To calculate the Northampton share of the fee, divide the total fee in half and add $12.50 plus all Category 7 fees. If not filing under the Massachusetts Wetlands Protection Act, enter all Category 8 fees only. Step 1/Type of Activity Step 2 /Number Step 3 /Individual Step 4 /Subtotal of Activities Activity Fee Activity Fee ShV`c, J �► IYYtOW r T— ?�� O d ?. ' k - 0 ,Oa Step 5/Total Project Fee: 2S0. 0 Step 6 /Fee Payments:(from Step 5) Share of filing fee payable to State: fpe I: Filed under both W total fee, less $12.50) ` Z .� assachusetts Wetlands Protection Share of filing fee payablq to Northampton: :t and City of Northampton (1/2 total fee plus $12.50) Btlands Protection Ordinance + Category 7 fee payable to Northampton: _ ,$7 0.00 Total Fee Payable To "City of Northampton" 2d y 56 pe II: Filed under Northampton , tlands Protection Ordinance Category 8 fee only Y. See Or for details. Total Fee Payable To: "City of Northampton" WPA Appendix S Rev. 02/Do Page 2 of 6 I--/ Northampton Conservation Commission April 29, 2002 City Hall 210 Main Street, Northampton, MA. O1O60 Dear Commission Members, I would like to take this opportunity to describe the area; it's wetland vegetation, our intended activities, and possible mitigating measures. AREA DESCRIPTION This area lies almost entirely within 100 Year Flood Zone and Inner & Outer Riparian Zone. It is however not designated as protected under neither priority habitat nor rare wildlife and certified vernal pool. According to the soil map, this area is suited for cultivated crops and to hay and pasture. Minimum tillage and the use of cover crops & grasses will help reduce runoff and erosion. We have been here since 1981 and have been mowing this area continuously and consistently. We decided to cut some trees to secure firewood for coming winters, to expose the hidden flower garden from dead branches and overgrown vines, and to present this property, a property that is considered as an extension of golf course to be more esthetically pleasing. The trees that were cut include Black Locust, Poplar (some dead), Red Maple, Oak and Elm (some affected by disease). Some Bittersweet and Japanese Knotweed were removed at the same time. WETLAND VEGETATION The most common wetland vegetation in this area is Orchard Grass. INTENDED ACTIVITY Mowing and haying once or twice a year. MITIGATING MEASURES We don't believe we have adversely affected wetland vegetation and wildlife habitat by cutting trees in the area of approximately 15,000 sgft. If the committee consider differently, I would welcome an opportunity for a site visit to determine mutually satisfactory preservation measures. We appreciate your kind consideration on this matter. Hiroshi Akimoto — President Beaver Brook Golf Course J . i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Provided by DEP City of Northampton Wetland Protection Ordinance, c. 24 ownhampton A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the retur. n key. IG� Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. 1. Applicant: {� t C1 ` b / c ouvcp Name E -Mail Address (if applicable) P.O. JRox Mailin Address deny; 110 l� �1 0 �014n City/Town State !t_ 1 � _ q Zip Code — T 1 �.� x}-13 Phone Number Fax Number (if applicable) 2. Representative (if any): 1 VA 8 C vb i 74, c `"` bmij plc Cxd l.� COWS Firm Contact Name E -Mail Address (if applicable) Mailing Addr ss , �� v k�N v NA A. ai 0.3 1 1 city) I own 2� State Zip Code Phone Number Fax Number (if applicable) 3. Property Owner (if different from applicant): Name Mailing Address City/Town State Zip Code 4. Total Fee: J X0.00 (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: mmkieYW Ka Northampton Street Address City/Town o 06 �- oQ -!Lot o a4- 04 - ao 1 ao�'- off o0i , 0 � -64A -00 1 Assessors Map /Plat Number (REQUIRED) Parcel /Lot Number (REQUIRED) 6. Registry of Deeds: County P 2 13-6 23 Page Certificate (if Registered Land) �.��C: ne nivrt nampton conservation Commission requires nine (9) collated codes of the WPA Form 3 completed Notice of Intent application together with the filing fee Rev. 02100 Page t o18 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 City of Northam Wetland Protection Ordinance, c. 24 w A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? x Yes If yes, how many square feet? ❑ No 15 DEP File Number: Provided by DEP Northampton Town b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area � � �� Mood �ov► .� �nv►�v a'ok Wre✓ ��balAvl .�ov► B. Project Description 1. General Project Description: Size of Impact (e.g., sq. ft.) 2. Plan and /or Map References: Tide Date WPA Form 3 Rev' 02100 Page 2 of a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — i�otice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Wetland Protection Ordinance, c. 24 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas ❑ Inland Bank x Bordering Vegetated Wetland (BVW) Coastal Resource Areas ❑ Coastal Beach ❑ Barrier Beach ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Square Feet altered Square Feet replaced Land Under Water Bodies: Square Feet altered Cubic Yards dredged Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Square Feet altered Cubic Yards/Volume removed Salt Marsh: Square Feet altered Coastal Bank: Linear Feet altered Bordering Land Subject to Flooding: Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Isolated Land Subject to Flooding: Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Land Under Salt Pond: Square Feet altered Cubic Yards dredged Rocky Intertidal Zone: Square Feet altered Designated Port Area: Square Feet altered WPA Form 3 Rev. 02/00 Page 3 of a j 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 City of Northampton We Pr ote c tion O rdinance, c. 2 C. Activities Subject t-) Regulations (cont.) Fish Run: Linear Feet altered Land Subject to Coastal Storm Flowage: Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): DEP Fite Number: Provided by DEP Northampton Town Land Containing Shellfish: Square Feet altered Beach: Square Feet altered b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects C. Describe how the Mean Annual High -Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High -Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: bquare reel f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft. and 200 ft. WPA Form 3 Rev. 02/00 Page 4 of a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Provided by DEP City of Northampton Wetland Protection Ordinance, c. 24 oWrthampton Tow C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ❑ DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more wetland indicator plants ❑ Saturated /inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State - Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes 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 No perew►�ev 3t z oo i Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): X No c. 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)? ❑ Yes ANo WPA Form 3 Rev. 02/00 Page 5 of a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — Notice of Intent ;.. J Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Wetland Protection Ordinance, c. 24 Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? Yes If yes, describe which limited project applies to this project: ❑ No t m c oN .Pw v j t tkv 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. Yes If yes, describe which exemption applies to this project: mx twv, 6M�Ak Mov 400A UxX4✓ ❑ No C a o►cL `�y 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Residential Subdivision ❑ Transportation ❑ Industrial Development ❑ Commercial Development ❑ Other (describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? VI ❑ No 4. a. Describe 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. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? Yes If yes, explain why the project is exempt: ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. WPA Form 3 Rev. 02/00 Page 6 of e :..i:�' �. ....!'TLLa.L..•x.....a....a• ... •. •..•...a.�\..u.a�.....a..... .. c.f..... .�....a.,..\..... ... \.: !...•........s....... ...a.a3.. ... �..,.. _... ,.- �...,..•• ....��...... _...Iw.MUJh..•.� {\. ?w..H..\... •. V 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 City of Northampton Wetland Protection Ordinance, c. 24 E. Additional Information Applicants must include the following with this Notice of Intent (NOI): DEP File Number: Provided by DEP Northampton Town • 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. • 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. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and Appendix B. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm fee payment: ` J5YA A 1 1 2 .E `t`1 Zq. Check Number T�e bm < Glib, `JWC . Payor name on check Y --2q /0-Z Check date ' Applicant name (if different from payor) G. 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 in accordance with the wetlands regulations, 310 CMR 10.05(5)(a) and that the expense associated with this notice is included in the Notice of Intent filing fee. 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 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. This is the responsibility of the applicant. „ -. �� — Awtt act, 2 -W Signature of Applicant Date Signature of Property Owner (if different) Date Signature of Kepresentative (if any) WPA Form 3 Rev. 02100 Date Page 7 of a Massachusetts Department of Environmental Protection l Bureau of Resource Protection - Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, Chapter 24 A. Applicant Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. IL^�!L�11 1. Mailing Address MA Citylrown State '7 '72-2- n Zip Code Phone Number 2. Property Owner (if different): Name Mailing Address Citylrown State Zip Code Phone Number 3. Project Location: Northampton Street Address Citylrown B. Fees To calculate Abbreviated Notice of Resource Area Delineation (Form 4A): filing fees, refer to the category fee list and The fee is calculated as follows (check applicable project type): examples in Section D of ❑ single family house project this form. X $1.00= (feet of BVW) Total fee (not to exceed $100) ❑ all other projects X $1.00= (feet of BVW) Total fee (not to exceed $1,000) Share of filling fee payable to State: (1/2 of total fee, less $12.50) T ype I: Filed under both Share of filing fee payable to Northampton: Massachusetts Wetlands Protection (1/2 of total fee, plus $12.50) ct and City of Northampton W etlands Protection Ordinance + Category 7 fee: $ 70.00 Total Fee Payable To: "City of Northampton" T ype II: Filed under Northampton Category 8 fee only W etlands Protection Ordinance Total Fee Payable To: "City of Northampton" only. See Ordinance for details. WPA Appendix B Rev. 02100 Pegs 1 of 6 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix B — Wetland Fee Transmittal Form 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, Chapter 24 B. Fees (cont.) Abbreviated Notice of Intent (Form 4) or Notice of Intent (Form 3): The fee should be calculated using the following six -step process and worksheet: Step 1 /Type of Activity: Describe each type of activity (see Section D for a list of activities) that will occur in wetland resource area and buffer zone. If filing under the Northampton Wetlands Protection Ordinance only, go directly to Step 6. Step 2 /Number of Activities: Identify the number of each type of activity. Step 3 /Individual Activity Fee: Identify each activity fee from the six project categories in Section D. Step 4 /Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6 /Fee Payments: For a filing under both the Massachusetts Wetlands Protection Act and the Northampton Wetlands Protection Ordinance, calculate the state share of the fee by dividing the total fee in half and subtracting $12.50. To calculate the Northampton share of the fee, divide the total fee in half and add $12.50 plus all Category 7 fees. If not filing under the Massachusetts Wetlands Protection Act, enter all Category 8 fees only. Step 1/Type of Activity Step 2 /Number Step 3 /individual Step 4 /Subtotal of Activities Activity Fee Activity Fee Step 5/Total Project Fee: 7 , d a Step 6 /Fee Payments:(from Step 5) Share of filing fee payable to State: T ype I: Filed under both 02 total fee, less $12.50) Z ` .50 Massachusetts Wetlands Protection Share of filing fee payable to Northampton: Act and City of Northampton (12 total fee plus $12.50) 1 1SZ Wetlands Protection Ordinance + Category 7 fee payable to Northampton: $ 70.00 Total Fee Payable To: "City of Northampton" Zd T ype II: Filed under Northampton Wetlands Protection Ordinance Category 8 fee only only. See Ordinance for details. Total Fee Payable To: "City of Northampton" WPA Appendix B Rev. 02/00 Pege 2 of 6 f Northampton Conservation Commission April 29, 2002 City Hall 210 Main Street, Northampton, MA. 01060 Dear Commission Members, I would like to take this opportunity to describe the area; it's wetland vegetation, our intended activities, and possible mitigating measures. AREA DESCRIPTION This area lies almost entirely within 100 Year Flood Zone and Inner & Outer Riparian Zone. It is however not designated as protected under neither priority habitat nor rare wildlife and certified vernal pool. According to the soil map, this area is suited for cultivated crops and to hay and pasture. Minimum tillage and the use of cover crops & grasses will help reduce runoff and erosion. We have been here since 1981 and have been mowing this area continuously and consistently. We decided to cut some trees to secure firewood for coming winters, to expose the hidden flower garden from dead branches and overgrown vines, and to present this property, a property that is considered as an extension of golf course to be more esthetically pleasing. The trees that were cut include Black Locust, Poplar (some dead), Red Maple, Oak and Elm (some affected by disease). Some Bittersweet and Japanese Knotweed were removed at the same time. WETLAND VEGETATION The most common wetland vegetation in this area is Orchard Grass. INTENDED ACTIVITY Mowing and haying once or twice a year. MITIGATING MEASURES We don't believe we have adversely affected wetland vegetation and wildlife habitat by cutting trees in the area of approximately 15,000 sqft. If the committee consider differently, I would welcome an opportunity for a site visit to determine mutually satisfactory preservation measures. We appreciate your kind consideration on this matter. Hiroshi Akimoto — President Beaver Brook Golf Course u AFFIDAVIT OF SERVICE �J Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Northampton Conservation Commission when filing a Notice of Intent, Abbreviated Notice of Intent or Abbreviated Notice of Resource Area Delineation) , hereby certify under the pains and penalties of (insert name of person making the Affidavit) perjury, that on 26 26�?06 Z 1 gave notification to abutters in compliance with the (insert date) DEP second paragraph of Massachusetts General Laws, Chapter 131, Section X u, and 1994, in connection with the following the DEP Guide to Abutter Notification, dated April 8, matter: A Notice of Intent or Abbreviated Notice of Resource Area Delineation filed under the Massachusetts Wetlands Protect' Act by: di � 7 "`�'�` �� Course CO MlssloN �kC with the NORTHAMPTON CONSERVATION (insert name of applicant) tt l on i 26 2002 for property located at: (4eY i� 0t; UA `la Vl (insert date) (address where the works proposed) The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. VA� 26 200 YoS1� � ��.i Yvw �� Name Date M Notification to Abutters Under the Massachusetts Wetlands Protection Act Effective April 13, 1994 In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is: , c ( ow e B. The applicant has filed a Notice of Intent, Abbreviated Notice of Intent, or Abbreviated Notice of Resource Delineation with the Conservation Commission for the municipality of Northampton, and is seeking permission to remove, fill, dredge, or alter an Area Subject to Protection or within 100 feet of an area Subject to Protection, Under the Wetlands Protection Act (General Laws Chapter 131, Section 40), and the City of Northampton's Wetland Protection Ordinance. C. The location of the lot where the activity is proposed is: 00� 006 Street Address: Map: G -- 9 �Ov �� Block/Lot:a 0 4� -oA� o4� - Oo/ D. Copies of the Notice of Intent may be examined at The Office of Planning and Development, 2 nd floor, City Hall, between the hours of 8:30 AM and 4:30 PM, Monday through Friday For more information on the filing proposed work, call: — a n tS This is the: applicant Representative Other: io✓ US (circle one) 04 �J Lq E. Copies of the Notice of Intent or Abbreviated Notice of Resource. Delineation may be obtained from (circle one): the applicant or the applicant's representative or by calling KscAA between the hours of and Z}z3, on the following days of the week: AAA This is the: applicant Representative Lam s� a►�v1p� (circle one) F. The time and place of the public hearing is as follows: Thursday, n e 2 �.3 ,2002- at / P.M. in the Hearing Room, located th Floor of City Hall at 210 Main Street, Northampton, MA 01060. Additional information regarding the hearing can be obtained by calling (413) 587 -1266 between the hours of 8:30 AM and 4:30 PM, Monday through Friday. Notice of the public hearing, including its date, time, and place, will be published at least five (5) days in advance in the Daily Hampshire Gazette legal ads section. Notice of the public meeting, listing all hearings, including the date, time and place, will be posted in City Hall not less than forty -eight (48) hours in advance of the meeting date. You also may contact the Department of Environmental Protection Western Regional Office for more information about this application or the Wetlands Protection Act at: (413) 784 -1100 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. � ICI ICS�I This Enforcement Order is issued by: Northampton Conservation Commission Conservation Commission (Issuing Authority) To: 411I N Beaver Brook Country Club Name of Violator Haydenville Road, Leeds / PO Box 154, Haydenville 01039 Address Location of Violation: Beaver Brook Property Owner (if different) Haydenville Road Street Address Northampton 01039 City/Town Zip Code 6 48 Assessors Map /Plat Number Parcel /Lot Number 2. Extent and Type of Activity: Cutting trees in riverfront, floodp/ain of Beaver Brook B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been /is being conducted without a valid Order of Conditions. ❑ the activity has been /is being conducted in violation of the Order of Conditions issued to: Name Dated WPA Forth 9A Rev. 02/00 File Number Condition number(s) Page 1 of 3 DEP File Number: Provided by Uhl' B. Findings (cont.) ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and /or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before March 24, 2002 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: Co ntact the Conservation Commission by Wednesday February 13 to ack nowledge this notice And plans to rile the Notice of Intent If you do not notify the Conservatio Commission by the 13 the Commission my begin issuing fines of up to $100 for each day of the violation, beginning on the day of this notice. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: 'Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals /Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. WPA Form 9A Page 2 of 3 Rev. 02/00 DEP File Number: rruviueu oy utr Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Idl ILA A. Violation Information This Enforcement Order is issued by: Conservation Commission Conservation Commission (Issuing Authority) To: 2002 Beaver Brook Country Club Name of Violator Haydenville Road, Leeds / PO Box 154, Haydenville 01039 Address 1. Location of Violation: Beaver Brook Property Owner (if different) Haydenville Road Street Address Northampton 01039 City/Town Zip Code f 6 48 Assessors Map /Plat Number Parcel /Lot Number 2. Extent and Type of Activity: Cutting trees in riverfront, floodp/ain of Beaver Brook B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been /is being conducted without a valid Order of Conditions. ❑ the activity has been /is being conducted in violation of the Order of Conditions issued to: Name File Number Dated Condition number(s) W PA Forth 9A Rev. 02100 Page 1 of 3 i' a I \_/ 1-1/ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ Other (specify): DEP File Number: Nroviaea by uer C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and /or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before March 24, 2002 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: Contact the Conservation Commission by Wednesday February 13 to acknowledge this notice And plans to file the Notice of Intent. If you do not notify the Conservation Commission by the 13 the Commission my begin issuing fines of up to $100 for each day of the violation, beginning on the day of this notice. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals /Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. WPA Forth 9A Rev. 02100 Page 2 of 3 Department of Environmental Protection irce Protection - Wetlands 9A — Enforcement Order Netlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP k Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Northampton Conservation Commission February 6, 2002 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Beaver Brook Country Club return key. Name of Violator Haydenville Road, Leeds / PO Box 154, Haydenville 01039 Address 1. Location of Violation: Beaver Brook Property Owner (if different) Haydenville Road Street Address Northampton 01039 Cityrrown Zip Code 6 48 Assessors Map /Plat Number Parcel /Lot Number 2. Extent and Type of Activity: Cutting trees in riverfront, floodp/ain of Beaver Brook B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been /is being conducted without a valid Order of Conditions. ❑ the activity has been /is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) W PA Form 9A Page 1 of 3 Rev. 02100 The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and /or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before March 24, 2002 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: Contact the Conservation Commission by Wednesday February 13 to acknowledge this notice And plans to file the Notice of Intent. If you do not notify the Conservation Commission by the 13 the Commission my begin issuing fines of up to $100 for each day of the violation, beginning on the day of this notice. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals /Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. W PA Form 9A Page 2 of 3 Rev. 02/00 Issued by: City of Northampton Conservation Commission Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member agent of the Commission and ratified by majority of the members at the next scheduled meeting of tl� Commission. Signatures: ?W) II qD e-oo s /333 012 Signature of delivery person or certified mail number WPA Form 9A Page 3 of 3 Rev. 02100 � THE BROOK CLUB, INC. dba BEAVER BROOK COUNTRY CLUB HIROSHI AKIMOTO (] MANAGING DIRECTOR P.O. BOX 154 9 HOLE GOLF COURSE HAYDENVILLE, MASS. 01039 BANQUET FACILITY AVAILABLE 413 -26B -7229 ar 00 , o r 14 JI . "Y D - Al A , y7 . 0 Al A 4, t r _ t + or r t � � Ui4r't'� �! �; _�•" s � �" t � ;+"?, , 1 11 � � * '.: i 'tl r I " n j r t _ k •, - I t . ^/, � � • . r �3 >�t 1 Al • F t �� .� /r�l , . d, , - I. �: k. Q2 K ' 21-S,y. I I wr .. -Aw IN ohm- 1 SiX �,.ry _moo +iGr #.� ►" .�+i a , S �--t, b ,C`n �� x - iV' ',�� — a_e � ..� yy �'� >+�f+rF�''�'y'T // r II /� - �•o• k (l - • INN 41" Y . *77- Important: When filling From: out forms on Northampton the computer, Conservation Commission _ use only the tab key to This issuance if for (check one): move your cursor - do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions VQ To: Applicant: Property Owner (if different from applicant): The Brook Club, Inc. � /dba Beaver Brook Golf Course Name Name P.O. Box 154 Mailing Address Mailing Address Haydenville MA 01039 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Haydenville Road Northampton Street Address City/Town 6 48 & 49 Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 2136 123 County Book Page Certificate (if registered land) 3. Dates: April 29, 2002 June 27, 2002 July 22, 2002 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): "Map 1" provided by the applicant and submitted with the application April 29 2002 Title Date 5. Final Plans and Documents Signed and Stamped by: N/A Name 6. Total Fee: $207.50 (from Appendix B: Wetland Fee Transmittal Form) WPA Forth 5 Rev. 02/00 Page 1 of 7 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: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ® Groundwater Supply ❑ Fisheries ❑ Storm Damage Prevention ® Protection of Wildlife Habitat ❑ Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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. ❑ 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). General Conditions (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. WPA Forth 5 Page 2 of 7 Rev. 02100 B. Findings (cont.) 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 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. 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 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. 9. 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 -507 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 DEP. 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 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. WPA Form 5 Rev. 02/00 Page 3 of 7 B. Findings (cont.) 15. 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. 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 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. 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. Special Conditions (use additional paper, if necessary): See "Attachment A" Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modifv or differ from the olanse soecifications. or other or000sals submitted with the Notice of Intent. WPA Forth 5 Rev. 02100 Page 4 of 7 DEP File Number: 2 46 -507 Provided by DEP Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. July 22, 2002 uate This Order must be signed by a majority of the Conservation Commission. 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 (see Appendix A) and the property owner (if different from applicant). WPA Form 5 Rev. 02/00 On Twenty- seventh Day before me personally appeared the above — named /Mason Maronn to me known to be the person described in and who executed the foregoing i acknowledged that he /she executed the same as his /her free act and deed. 61 1 � G� � -- L) Notary Public My C rnmissinn Fxnirac This Order is issued to the applicant as follows: ❑ by hand delivery on Date Of June,.2002 Month and Year July 22, 2002 Date Date sent to DEP: July 22, 2002 Page 5 of 7 ❑X by certified mail, return receipt requested, on �C9 z� 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 - 507 Provided by DEP C. 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 Appendix E: 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. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. k,onservanon commission WPA Form 5 Rev. o21oo Page 6 of 7 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------- To: Northampton Conservation Commission Please be advised that the Order of Conditions for the Project at: Haydenville Road 246 -507 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 WPA Form 5 Rev. 02/00 Page 7 of 7 ATTACHMENT A 18. 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 instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and/or a Determination of Applicability from the Northampton Conservation Commission. 19. 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. 20. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any 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 - Chapter 24; 22. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: #30 24. 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. Prior to the pre - construction meeting, all erosion control devices must be installed, also. ATTACHMENT A 18. 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 instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and/or a Determination of Applicability from the Northampton Conservation Commission. 19. 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. 20. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any 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 - Chapter 24; 22. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: #30 24. 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. Prior to the pre - construction meeting, all erosion control devices must be installed, also. + V PRE - CONSTRUCTION REQUIREMENTS: 25. The applicant shall notify the Commission, in writing, as to the date that the work will commence 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. WETLAND REPLICATION: 26. 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: September 2002 By: May 2003 By: September 2003 By: May 2004 By: September 2004 27. 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. 28. 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. 29. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report" by a qualified individual (wetland scientist or biologist), of work completed on the site, actions taken during the replication and the rate of success of wetland replication. 30. No additional wetland areas shall be allowed to be filled or altered on this property without the approval of the Commission, now or in the future. A deed restriction stating this shall be incorporated into all deeds and future divisions of this site. ADDITIONAL CONDITIONS: 31. At least, 17,250 square feet of area shall be replanted in the following way: A) At least 14 trees of 2 %2 caliper shall be planted 25' on center and shall include a combination of River Birch, Silver Maple, Pin Oak and/or Cottonwood. Upon planting of trees, protective wire mesh sleeves shall be skirted around the trees to prevent beaver damage. B) Ten groupings consisting of 3 -5 shrubs in each group shall be planted in such a way that within each group, the shrubs shall be spaced 5' on center and each group of shrubs shall be located 15' apart. Selected shrubs shall include Winterberry, Pussy Willow, High Brush Blueberry, and Swamp Azalea. The shrubs shall be planted with hand tools set at a minimum of 10' from the edge of the brook. 32. If the trees and shrubs may not be obtained and planted by September, 2002, then wetland grass seed mix shall be planted this season to compete with potential invasives that may begin to take hold. 33. If the applicant believes that the planting plan is not appropriate, then the applicant may submit an alternative plan for consideration by the Commission. A certified wetland scientist or expert in wetland soils and plants must design this plan and only after such person has evaluated the site. 34. Mowing may only take place outside the 100' buffer of Beaver Brook and the wetlands. 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 Conservation Commission This issuance if for (check one): ® Order of Conditions ❑ Amended Order of Conditions To: Applicant: The Brook Club, Inc. /dba Beaver Brook Golf Course Name P.O. Box 154 Mailing Address Haydenville MA 01039 Citylrown State Zip Code Property Owner (if different from applicant): Name Mailing Address Citylrown State Zip Code 1. Project Location: Haydenville Road Northampton Street Address Citylrown 6 48 & 49 Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 2136 123 County Book Page 3. Dates: April 29, 2002 June 27, 2002 July 22, 2002 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): "Map 1" provided by the applicant and submitted with the application April 29, 2002 Title Date 5. Final Plans and Documents Signed and Stamped by: N/A 6. Total Fee: $207.50 (from Appendix B. Wetland Fee Transmittal Form) W PA Form 5 Rev. 02/00 Page 1 of 7 DEP File Number: 246 -507 Provided by DEP WPA Form 5 Rev. 02/00 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: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ® Groundwater Supply ❑ Fisheries ❑ Storm Damage Prevention ® Protection of Wildlife Habitat ❑ Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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. ❑ 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). General Conditions (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. Page 2 of 7 7 08/20/M 15;04 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 24 Pro vided ided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 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 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. 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 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. 9. 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, VA DEP "] "File Number 246 -507 .. 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 DEP. 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 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. WPA Form 5 Rev. 02/00 Page 3 of 7 DEP File Number: 246 -507 Provided by DEP WPA Form 5 Rev. ovoo 15. 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. 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 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. 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. Special Conditions (use additional paper, if necessary): See "Attachment X Findings as to municipal bylaw or ordinance Furthermore, the Conservation Commission hereby finds (check one that applies): ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modifv or differ from the glans. specifications. or other DroDosals submitted with the Notice of Intent. Page 4 of 7 61 WPA Form 5 Rev. 02/00 Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Date 22, 2002 This Order must be signed by a majority of the Conservation Commission. 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 (see Appendix A) and the property owner (if different from applicant). before me personally appeared the above - named /Mason Maronn Of June, .2002 Month and Year to me known to be the person described in and who executed the foregoing i acknowledged that he /she 4�V�� execu the same as his /her free act and deed. _ - �A Notary PuNi � /' Q� (I ( This Order is issued to the applicant as follows: ❑ by hand delivery on Date My C mmission Expires CM . _QhqI*4i i uzzzzzcd�� ❑M by certified mail, return receipt requested, on July 22, 2002 Date Date sent to DEP: July 22, 2002 Page 5 of 7 On Twenty- seventh Day 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 Appendix E: 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. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission WPA Form 5 Rev. 02/00 Page 6 of 7 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------ To: Northampton Conservation Commission Please be advised that the Order of Conditions for the Project at: Haydenville Road 246 -507 Project Location DEP File Number Has been recorded at the Registry of Deeds of: for: :..7 Property Owner WPA Forth 5 Rev. 02/00 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 Page Page 7 of 7 'X aI Sffi M/20/20V i5;o� ATTACHMENT A 18. 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 instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and/or a Determination of Applicability from the Northampton Conservation Commission. 19. 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. 20. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are specifically approved by the Commission, in accordance with 310 CNM 10. 00, and City of Northampton Ordinances - Chapter 24; 22. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: #30 24. 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. Prior to the pre - construction meeting, all erosion control devices must be installed, also. AU PRE - CONSTRUCTION REQUIREMENTS: 25. The applicant shall notify the Commission, in writing, as to the date that the work will commence 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. WETLAND REPLICATION: 26. 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: September 2002 By: May 2003 By: September 2003 By: May 2004 By: September 2004 27. 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. 28. 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. 29. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report" by a qualified individual (wetland scientist or biologist), of work completed on the site, actions taken during the replication and the rate of success of wetland replication. 30. No additional wetland areas shall be allowed to be filled or altered on this property without the approval of the Commission, now or in the future. A deed restriction stating this shall be incorporated into all deeds and future divisions of this site. ADDITIONAL CONDITIONS: 31. At least, 17,250 square feet of area shall be replanted in the following way: A) At least 14 trees of 2 %2" caliper shall be planted 25' on center and shall include a combination of River Birch, Silver Maple, Pin Oak and/or Cottonwood. Upon planting of trees, protective wire mesh sleeves shall be skirted around the trees to prevent beaver damage. . - k�...�l OR AM" 0-4120 B) Ten groupings consisting of 3 -5 shrubs in each group shall be planted in such a way that within each group, the shrubs shall be spaced 5' on center and each group of shrubs shall be located 15' apart. Selected shrubs shall include Winterberry, Pussy Willow, High Brush Blueberry, and Swamp Azalea. The shrubs shall be planted with hand tools set at a minimum of 10' from the edge of the brook. 32. If the trees and shrubs may not be obtained and planted by September, 2002, then wetland grass seed mix shall be planted this season to compete with potential invasives that may begin to take hold. 33. If the applicant believes that the planting plan is not appropriate, then the applicant may submit an alternative plan for consideration by the Commission. A certified wetland scientist or expert in wetland soils and plants must design this plan and only after such person has evaluated the site. 34. Mowing may only take place outside the 100' buffer of Beaver Brook and the wetlands. ATTES HWSflIRE, c REGISTER MARIANNE L. DONOHUE