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10B-021 1 River Rd Conservation Committeer 1 BOARD 07 APPULS CITY OP NORTRAMPTOW duly 21, 1966 Room lti, City Hail ledgers Present: 0.2.Bsrube Bernard Vaughn Hilton I. Ta►reba,s Jahn. Mttrpby Recision on Petition of Chart -Pat, Inc., Mulberry i River Streets (heeds), Nortbampton, Mass, It is the unanimous decision that the petition of Ohart -Pak, Inc. Leeds, Mass, property located on ast SiAp at the Darner of Mulberry Street be granted on the f6houing findings: 4, .....�r...,, The Board finis it ,s hot: (1) The property involved is split - a portion as Residential B - aasd as portion as indaxstrial. (2) To continue the classification of a poartion as Residence B would constitute to undue harahip %pan the owner - as the property is not suitable to don.strnction of residences because of labedded boulders and proximity to industrial property. (3) The granting of the variance will not offset adversely tho surrounding property. The unsuitability for residence is peoubUr to this partiosu.- iaar tract. (4) Industrial use is the best use to which this treat w be put. WZUVORZi It is ordered, &&Judged and decreed that the petition of Chart -Pak, Ina. be granted on condition that the petitioner complies with all the vales and regulations of the City Ordinances of the City of Northampton, ]dote: This is not a bldg. permit. A permit must be obtained from tbo Bldg.Insp. aa: City Clerk Planning Board B 1 dg. Insp. Petitioner Pilo Ll Massachusettb4wepartment of Environmental Promotion Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. r� A. General Information From: Northampton Conservation Commission To: Applicant Chartpak, Inc. Name 1 River Road Mailing Address Leeds (Northampton) MA 01053 City/Town State Zip Code Property Owner (if different from applicant): Massachusetts Realtv Co. Name 510 Broad Hollow Road, Suite 205 Mailing Address Melville NY 11747 City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: "Site Location" April 2, 2002 Title Date "Site Plan" April 2 2002 Title Date Title Date 2. Date Request Filed: April 2. 2002 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Install a 5,000 - gallon aboveground tank and associated piping. Project Location: 1 River Road Leeds Street Address City/Town 10B 21 Assessors Map /Plat Number Parcel /Lot Number wpaform2.doc • rev. 4/30/02 Page 1 of 5 Massachusetts.,,apartment of Environmental Proa.Aion Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is /are applicable to the proposed site and /or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and /or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • rev. 4/30/02 Page 2 of 5 Massachusetts'swepartment of Environmental Protb Lion Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and /or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post- marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. The Conservation Commission requires that the tank be bolted to the concrete pad. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • rev, 5/1/02 Page 3 of 5 Massachusetts of Environmental Protbti►tion Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ❑ 6. The area and /or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on © by certified mail, return receipt requested on Date May 1, 2002 Date Date sent to DEP: May 1, 2002 This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner (if different from the April 25, 2002 Date wpaformZ Joc • rev. 4/25/02 Page 4 of 5 Massachusettt-eepartment of Environmental Protedtion Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he /she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • rev, 4/30/02 Page 5 of 5 JON •� y �� �� V . , f yy f 1" a� e +rA ESC ENVIRONMENTAL STRATEGIES CORPORATION 1 191 1 Freedom Drive • Reston, Virginia 20190 • (703) 709 -6500 • Fax (703) 709 -8505 April 3, 2002 Ms. Carolyn Misch Planning and Development City of Northampton 210 Main Street, Room 11 Northampton, MA 01060 Re: Request for Determination of Applicability Chartpak, Inc., Leeds, Massachusetts Dear Ms. Misch: 1615- 2 Environmental Strategies Corporation (ESC) is submitting the enclosed Request for Determination of Applicability on behalf of Chartpak, Inc., in Leeds, Massachusetts, for review by the Northampton Conservation Commission. The request concerns a proposed aboveground storage tank. Please contact me at 978 - 635 -9600 if any additional information is needed to facilitate the Commission's review of this request. Sincerely yours, Michael J. Brown, Ph.D., LSP General Manager MJB:slp q:client \chartpak\rfd cover letter.doc Enclosures cc /encl: Mr. Richard Carlson, Chartpak, Inc. Massachusetts Department of Environmental Protection, Western Regional Office Mr. Michael Berman, Massachusetts Realty Co. San Jose, CA • Boxborough, MA • Pittsburgh, PA • Minneapolis, MN • Houston, TX • Cazenovia, NY Durham, NC • Somerset, NJ • Denver, CO Massachusetts Depolrtment of Environmental Protectmod L7�1 Bureau of Resource Protection - Wetlands Northampton WPA Form 1- Request for Determination of Applicability City /rows Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. V r= I A. General Information Applicant: Chartpak, Inc. Name E -Mail Address 1 River Road Mamng Address Leeds (Northampton) MA 01053 City(rown state Zip Code 413- 584 -5446 413 - 584 -6781 Phone Number Fax Number (if applicable) 2. Representative (if any): Environmental Strategies Corporation Firm Michael Brown mbrown@ Contact Name E -Mail Address 1740 Massachusetts Avenu Mailing Address Boxborough MA 01719 City(rown State Zip Code 978 -635 -9600 978 -264 -0537 Phone Number Fax Number (if applicable) B. Determinations I request the Northampton make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and /or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and /or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and /or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Northampton Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform l Am • rev. 02 /00. Page 1 of 4 Massachusetts Ddtpw tment of Environmental Protect*, w4 Bureau of Resource Protection - Wetlands Northampton WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 1 River Road Leeds (Northampton) Street Addres§ City/Town Z Map/Plat Numt Parcel/Lot Number b. Area Description (use additional paper, if necessary): The Chartpak facility consists of a two -story, 82,000 - square foot plant building. The facility manufactures markers and decals. The remainder of the property consists of parking areas and woods. Neighboring properties include Berkshire Electric Cable Manufacturers to the north; the Mill River followed by residences to the east; Mulberry Street followed by a post office and residences to the south; and River Road followed by residences to the west. A wetland delineation study was completed in February 2002, and identified two small areas of bordering vegetated wetland along the Mill River (see Enclosure 1). Chartpak proposes to install an aboveground storage tank outside the northeast corner of the plant building as shown on the attached site plan. This location is within the 200 -foot riverfront area but not w ithin the 100 -foot buffer zone of the river or wetlands. c. Plan and /or Map Reference(s): Figure 1 - Site Location 3/02 Title Date Figure 2 - Site Plan 3/02 Title Date Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): See work description in Enclosure 2. wpaform f . doc • rev. 02/00. Page 2 of 4 Massachusetts Ddpdrtment of Environmental Protecbw4i Bureau of Resource Protection - Wetlands Northampton WPA Form L1- Request for Determination of Applicability CitylTown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 310 CMR 10.58(b) states that certain minor activities in the Riverfront Area may be allowed through a Request for Determination of Applicability. Installation of the proposed tank will affect a negligible area (approximately 240 square feet), compared to a total Riverfront Area of approximately 200,000 square feet on the Chartpak property. The installation activities will occur over a short period of time (several days). Therefore, alteration of the Riverfront Area will be negligible. Furthermore, as explained in the work description (Enclosure 2), the tank will have numerous features designed to prevent any releases of oil that could adversely affect the river or wetlands. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 817/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and /or attach appropriate documents, if necessary.) wpaformf.doc • rev. 02/00. Page 3 of 4 Massachusetts D&pdrtment of Environmental ProtectwO Bureau of Resource Protection - Wetlands Northampton �: WPA Form L 1- Request for Determination of Applicability Citylrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Appendix A) were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Massachusetts Realty Co. Name 510 Broad Hollow Road, Suite 205 Mailing Address Melville Cityfrown NY 11747 State Zio Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.0�(3)(b)(1) of the Wetlands Protection Act regulations. Signature of wpafonn1.doc • rev. 02100. Page 4 of 4 61 0 R LEVESQUE ASSOCIATES, LLC A LAND PLANNING SERVICU'.S COMPANY WETLAND DELINEATION REPORT Chartpak Property Mulberry Street and River Road Leeds, MA RLA Project # 020201 March 6, 2002 Introduction At the request of Environmental Strategies Corporation. (ESC), R Levesque Associates, LLC (RLA) staff completed a delineation of wetland resource areas associated with the Mill River along the eastern side of the Chartpak property at Mulberry Street and River Road in Leeds, Massachusetts. This work was performed in the month of February 2002 at a time when the soils could be examined and the native vegetation was identified by stems, bark, leaves and twigs. The area examined included the Mean Annual High Water (MAHW), the Riverfront Area (RA), and Bordering Vegetated Wetland (BVW) along the Mill River. The River flows in a southerly direction, over a dam approximately at the mid -point of the Chartpak property, then, continues under the bridge at Mulberry Street. Regulatory Context The wetlands on the portions of the property examined are regulated by the Northampton Conservation Commission (NCC) and the Massachusetts Department of Environmental Protection (MassDEP) under the Massachusetts Wetland Protection Act (WPA) and by the U.S. Army Corps of Engineers under the federal Clean Water Act as amended, Section 404. Northampton does have a wetland Ordinance that may impose additional regulations on this resource area. Examination of the Massachusetts Natural Heritage Atlas, 2000 to 2001 edition revealed that the site is apparently not within a Priority Habitat of Rare Species nor the Estimated Habitat of Rare Wildlife or a Certified Vernal Pool. However, just north of the site on the Mill River these habitats do exist. Site Description The site is composed of a parcel owned by Chartpak Inc., that fronts on River Road and Mulberry Street in Leeds. The MAHW boundary is located approximately 125 feet from the northeasterly corner of the Chartpak building and continues north and south along the river (see plan by Huntley Associates). The flagging for the MAHW boundary delineated starts under the bridge on the west side of the river and continues northerly to its end just past the point where the property line diverges to River Road. The regulated wetland resource areas flagged are the MAHW line of the Mill River and the BVW that extends to the west in two locations along the river. The MAHW also represents the top of the ,*.,.- Chartpak Wetland Delineation Page 2 of 7 March 6, 2002 regulated Bank, thus the Bank was not flagged separately. There was no other BVW found in on the property. 100 -Year Floodplain The FEMA National Flood Insurance Program map (panel 250167 0001 A) for the City of Northampton dated April 3, 1978 shows the floodplain and provides flood elevation data. Based on this map, the 100 -year floodplain stays inside the floodwall from Mulberry Street to the dam then appears to flare onto the subject property above the dam and crosses River Road near the northerly property line of the Chartpak property. The flood elevations below the dam are in the 342 to 343 range and the above the dam they are in the 362 to 363 range. Please see the attached copy of the flood map for more information. Delineation Methodology The regulated Bank in the area described above was delineated by RLA staff in February 2002. The upper boundary of a regulated Bank is the first observable break in the slope or the Mean Annual High Water line (MAHW), whichever is lower. The MA14W was the lower of the two in this case. There were two areas of Bordering Vegetated Wetland (BVW) within the site. The three - parameter methodology was used in determining the resource areas. Emphasis was placed on the presence of hydro- phytic plants as defined in the US Fish and Wildlife Service plant species classification system (Reed 1988), and the 50% wetland vegetation criterion outlined in 310 CMR 10.55(2)c. An equal emphasis was placed on the presence of hydric soils using methods defined in Field Indicators for Identifying Hydric Soils in New England (NEIWPCC, 1995) and those outlined in Delineating Bordering Vegetated Wetlands (MassDEP, 1995). Other indicators of wetland hydrology (more specifically water - stained leaves, sediment deposits, drift lines, and scoured areas) were also used in the resource area delineation. This approach is specified in the MassDEP manual cited above. Wetland Resource Areas The resource areas identified within the subject parcel are Bank, Riverfront Area, and Bordering Vegetated Wetland. As a perennial stream, Mill River invokes the Rivers Protection Act regulations for this project, which impose a regulated 100 -foot and 200 - foot riparian resource area. Both the Bank and the BVW are regulated under the Massachusetts Wetlands Protection Act (MGL Chapter 131 Section 40). Bank As noted above the regulated banks were denoted by the MAHW line flags that were placed because the river is perennial. A presumptive determination of whether this river is perennial is based upon its' portrayal on the current USGS Quadrangle map as a solid O� 13111chcll � Rjdl _,c A \cN(11 1d_ NIA 010,- 0 - Hio i w. 4J.; 50N - 1 av 413,508.I1)ti(, Chartpak Wetland Delineation Page 3 of 7 March 6, 2002 blue line and its depth, width and watershed area. Within the Bank, trees are sparse with red maple, yellow birch, elm and cottonwood present. Riverfront Area (RA) The significant portions of the Chartpak property lie within the inner and outer 100 =foot riparian zone of the regulated riverfront area of Mill River. The two riparian zones start at the MAHW line of the river and extend out 100 and 200 feet respectively. These lines are measured on the perpendicular from both sides of the river, although we have delineated only one side. Bordering Vegetated Wetland (BVW) These wetlands are found on the western side of the river extending from the MAHW line in two locations. The boundary of these BVWs are represented in the field by blue flags numbered AI through A5 and BI through B5 and are long and linear in shape and of relatively small size. They are dominated by reed canary grass, silky dogwood, speckled alder, willows, knotweed and red maple. END OF NARRATIVE REPORT SEE VEGETATION TABLES & FLOOD MAP r nuiil: ra��lc��c�C� mcdia�mcnct 0-1 131uchrrn Pid!'c � \�.ili�l�i_ A1�A IllO' • Plwiw: 41.' - ,NAPi.'�� • I [\ 4 1 .-�01).01)so 4of7 Partial List of Plant Species Present Chartpak- Wetland Area "A" Leeds, MA. Job # 020201 02/25/02 Table 1 Abundance Common Name Taxonomic Name Field Indicators (Wetland/ Upland Ground Cover Reed Canary Grass Phalaris arundinacea FACW+ O/ N Deer- tongue Grass Dichanthelium clandestinum FAC+ O/ N Foxtail Alopecurus spp. FACW -OBL U/ N Late Goldenrod Solidago gigantea FACW U/ N Shrubs Speckled Alder Alnus rugosa FAC O/ N Willows Salix spp. NL O/ N Japanese Knotweed Polygonum cuspidatum FACU- O/ A Trees Yellow Birch Betula alleghaniensis FAC U/ N Eastern Cottonwood Populus deltoids FAC U/ N Other Indicators of Hydrology: Sediment deposits, Soil Saturated to Surface, Drift lines, Inundated Spots, Drainage Patterns in BVW. Abundance: A= Abundant; C= Common; O= Occasional; U= Uncommon; N =Not found Field Indicators: OBL —Obligate Wetland; FACW =Facultative Wetland: FAC = Facultative FACT = Facultative Upland; UPI Obligate Upland; NL =Not Listed (often considered UPL) i indicates more wet. - indicates less wet 1% ..so 5 of 7 Partial List of Plant Species Present Chartpak- Wetland Area "B" Leeds, MA. Job # 020201 02/25/02 Table 2 Abundance Common Name Taxonomic Name Field Indicators (Wetland/ Upland Ground Cover Reed Canary Grass Foxtail Spinulose Woodfern Shrubs Silky Dogwood Japanese Knotweed Trees Red Maple Yellow Birch American Elm Phalaris arundinacea FACW+ O/ N Alopecurus spp. FACW -OBL U/ N Dryopteris spinulosa FAC+ U/ N Cornus amomum FACW Cl N Polygonum cuspidatum FACU- O/ C Acer rubrum FAC O/ U Betula alleghaniensis FAC U/ N Ulmus Americana FAC W- U/ N Other Indicators of Hydrology: Sediment deposits, Soil Saturated to Surface, Drift lines, Inundated Spots, Drainage Patterns in BVW. Abundance: A= Abundant; Common; Occasional; U= Uncommon; N =Not found Field Indicators: OBl,=Obligate Wetland; FACW = Facultative Wetland; FAC= Facultative FACU = Facultative Upland; UPL,=Obligate Upland; NL Not Listed (often considered UPL) + indicates more wet. -Indicates less wet Section C(2)(a) - Work Description , ...r' The proposed work at the Chartpak facility involves installation of a 5,000- gallon aboveground tank and associated piping. This will include installation of a concrete pad, bollards, the tank, and piping. The tank will store mineral oil for use in a paper coating machine that Chartpak plans to install in the plant. At the tank location near the northeast corner of the Chartpak plant building, soil will be excavated from a 30 -foot by 8 -foot area to a depth of 1 foot below ground surface. The excavation will generate approximately 9 cubic yards of soil, which will be hauled offsite. Approximately 6 inches of crushed stone will be installed in the excavated area. A form will then be placed, and a 1 -foot thick concrete pad will be poured. Three 6 -inch diameter steel bollards will be installed. This will involve excavating sufficient soil to install 18 -inch diameter sonotubes, installing the bollards, and pouring concrete into the sonotubes to hold the bollards in place. The proposed tank will be a 5,000- gallon rectangular "lube cube," manufactured by Containment Solutions. The tank will have the following features to prevent releases of oil: 0 a double wall to provide secondary containment of the entire volume of oil stored in the tank 0 an overfill protection device that will stop the flow of oil into the tank when the tank is approximately 95 percent full 0 a spill prevention device capable of capturing approximately 5 gallons of oil, to prevent releases during deliveries from the product supply hoses and couplings 0 capability to detect and provide warning of any leaks into the interstitial space between the two tank walls Chartpak will implement a spill prevention, control, and countermeasures (SPCC) plan as required under the federal Clean Water Act. The SPCC plan will include procedures for delivering product to the tank, inspecting the tank, training company personnel, and responding to any spills. The tank will be located approximately 125 feet from the mean high water mark of the Mill River, in the Riverfront Area (within 200 feet of the mean high water mark). Only two r... ..w' small areas of bordering vegetated wetlands were identified on the property, and the tank will not be located within a 100 -foot wetland buffer zone. This location was selected because of its proximity to the paper coating machine where the mineral oil will be used. Several alternative locations were evaluated, but were found to be infeasible or have significant disadvantages. Placement of the tank inside the plant building is not feasible, because of the size of the tank and space limitations. Outdoor locations beyond the Riverfront Area (e.g., the west side of the plant building), would require a significantly greater length of piping to connect the tank to the machine. Although the risk of a release of mineral oil will be negligible with any tank location, the smaller length of piping associated with the proposed location will result in the lowest possible risks related to potential pipe leaks. The proposed location is also less visible than locations outside the Riverfront Area, resulting in an esthetic advantage for neighboring residents. 1 `,,, Form 2 Commonwealth of Massachusetts DECE File No. I (To be provided by DEat) City /Town Northampton _ Applicant I; harBau Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Northampton Conservation Commission Issuing Authority To Chartpak same (Name of person making request) (Name of property owner) Address_ River Rd. Leeds, MA O INS3 Address_ same This determination is issued and delivered as follows: O by hand delivery to person making requt-st on (date) EX by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conspryat i on o m cc i on has considered your request for a Determination of Applicability and its supporting documentation, and has r made the following determination (check whichever is applicable): This Determination is positive: 1. O The area described below, which includes all/part of the area described in your request, is an Area Subject to Protc .;tion Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. 2. O The work described below, which includes all /part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore, said work requires the filing of a Notice of Intent. 2 -1 N ../ 3. U The work desci lbed below, which includes all /part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ER The area described in your request is not an Area Subject to Protection Under the Act. 2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the fging of a Notice of Intent. 3. ❑ The work described in your request is within the Buffer Zone, as defined in the regulations, but wig not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Issued b City of Northampton Y Conservation Commission Signature(s) I This Determination must be signed by a majority of the Conservation Commission. On this — day of 19 before me personally appeared . to me known to be the person described in, and who execute , the foregoing instrument, and acknowledged that he /she executed same as his /her fr act and deed. ' �-" L nary Public My commission 4pires This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances, by -laws or regulations. This Determination shall be valid for three years form the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Ouality Engineering to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mad or hand delivery to the Conservation Commission and the applicant 2 -2A Form 1 Commonwealth s of Massachusetts DEOE File No. (To be provided by DEOE) city /Town Northampton, Ma Applicant Chartp Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 1. I, the undersigned, hereby request that the Northampton Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40. 2. The area is described as follows. (Use m aps or plans, if necessary, to provide a description and the location of the area subject to this request.) Next to Parking Lot A, approximately 154 feet from the wall embankment next to the river on the plan BA -83 -1 Chartpak. 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) Install inground 1000 gallon tank for the storage of Xylene for production purposes. 1 -1 Nftw r../ 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on - (date) The name(s) and address(es) of the owner(s): 5. 1 have filed a complete copy of this request with the appropriate regional of ice of the Massachusetts Department of Environmental Quality Engineering on IqS (date) Northeast 323 New Boston Street Woburn, MA 01801 Central 75 Grove Street Worcester, MA 01605 Southeast Lakeville Hospital Lakeville, MA 02346 Western Public Health Center University of Massachusetts Amherst, MA 01003 6. I understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. A, / j Name Chartpak ''Albert L. Aube; Address One River Road, L� ds, Ma 01053 Tel 584 -5446 W-M 1%. 1 -2 Y � Form 8 .,M4 DEQE File No. 246 -135 _ (to t» provided W DEQE) city/7i own N Z tr _h amp ton Applicant Q n r t p a k Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, §40 • \• 1-11• •! •! _ •! •111U m • ' • To Chartpak (Al Aube Jr.) ,1 River Rd TPPds MA 01053 (Name) (Address) Date of Issuance October 28 1985 This Certificate is issued for work regulated by an Order of Conditions' issued to Char tRak dated June 10, 1985 and issued by the Conservation Comm; s Gi nn 1. It is hereby certified that the work regulated by the above - referenced Order of Conditions has been satisfactorily completed. 2, 0 It is hereby certified that only the following portions of the work regulated by the above- refer- enced Order of Conditions have been satisfactorily completed: (if the Certificate of Compliance does not include the entire project. specify what portions are included.) 3. 0 It is hereby certified that the work regulated by the above - referenced Order of Conditions was never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Act may be commenced without filing a new Notice of Intent and receiving a new Order of Conditions. ......................................................................................... ............................... . (Leave Space Blank) 8 -1 `%W 4. ® This certificate shall be recorded in the Registry of Deeds or the land Court for the district in Or which the land is located. The Order was originally recorded on (date) at the Registry Of nPPris , Ham= shy rP rniipty , Book_, Page 5. O The following conditions of the Order shall continue: (Set forth any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) Issued by Northampton Conservation Commission Signature(s). I AC C When issued by the Conservation Commision this On this ZSP day of personally must be signed by a majority of is members. 19 0 , before me to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her fr act and deed. Notary Public My commission expires Detach on dotted line and submit to the ......................................................................................................... ......................»»....... ....................»... .........................».»... r0 No rt bamT Yt o n CnQCQrVAt - ;-- U C-Mmir.;Qn Issuing Authority Please be advised that the Certificate of Compliance for the project at File Number 246- , has been recorded at the Registry of needs r Ham pch i ra relli t - F - and has been noted in the chain of title of the affected property on .19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 8 -2 Chartpak July 15, 1985 City of Northampton, Massachusetts Office of Planning and Development City Hall, 210 Main Street Northampton, Ma. 01060 Attn: Larry Smith Northampton Conservation Commission Dear Larry, Irvine, California Leeds, Massachusetts Tucson, Arizona Didcot, England Mississauga, Ontario Enclosed is a plan showing elevations and detail of debris area for the proposed parking lot at Chartpak, as prepared by Harold L. Eaton, professional land surveyors on July 12, 1985. This should confirm that all fill material (including stump and tree debris) will be out of the 100 -year flood plain of the Mill River as per special condition #7 on the notice of intent file #246 -135. If there are any other questions, please feel free to give me a call. S'ncer ly, lbert L. Aube, Jr. Plant Engineer Chartpak Copy:Robert McCollum Commonwealth Of Massachusetts Executive Office of Environmental Affairs Dept. of Environmental Quality Engineering Western Region 436 Dwight Street Springfield, Ma. 01103 ../ Graphic, Engineering & Office Products ALA /el A Times Mirror Company One River Road Leeds, Massachusetts 01053 Telephone: 413 - 584 -5446 Form 5 DEQE File No. 246— , 3 (To be provided by DEDE) Commonwealth City/Town Northampton Of Massachusetts Chartpak k v Applicant 91 VEE� Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 , Fro the Northampton Conservation Commission To Albert Aube, Chartpak same (Name of Applicant) (Name of property owner) Address River Rd., Leeds, MA 01053 Address same This Order is issued and delivered as follows: ZI `by hand delivery to applicant or representative on June 11, 1985 (date) 0 by certified mail, return receipt requested on (date) This project is located a t 1 River Rd, Leeds- MA 01093 The property is reco7ded at the Registry of Deeds, Hampshire County Boo 1498 Page 396 Certificate (if registered) The Notice of Intent for this project was filed on May 24. 1985 (date) The public hearing was closed on June i n , 1 9A 5 (date) Flndings The Nnrtham rp r)„Cangervation rnmmi z.;on has reviewed the above - referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Conservation Commission atthistime,the Conservation Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): 0 Public water supply EX Storm damage prevention 0 Private water supply 0 Prevention of pollution 0 Ground water supply O Land containing shellfish Q Flood control O Fisheries �t 5 -1 r✓ 1.0.1 Therefore, the Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Cnnspryation Com mi ssion orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory mess - ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor Jdhicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the co m i g s inn on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 246- 13 S �N, 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: 5 -2 a 4 rMi Plans: ..i' Title Dated Signed and Stamped by: On He with: Site Plan submi with No of Intent Conservation Commission bTQE Special Conditions (Use additional paper if necessary) 1) All construction areas shall.be restored to roginal condition or better upon completion of the project, including vegetation; 2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131, Section 40, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation Commission; 3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas; 5) This Order Of Conditions shall apply to any successor in interest or successor in control 6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any'data deemed necessary by the Commission for that evaluation; 7) All fill material (including stumps and tree limbs).placed on site.as a re- sult of this project shall be out of the 100 -Year floodplain of the Mill River (above the 363 foot contour interval) and at least 50 feet away from the bank of the Mill River. No additional fill may be placed on site, 8) All storm water run -off from the parking lot shall be sheet run -off. ....................................................................................................................,................................. ............................... (Leave Space Blank) 5 -3A . 4 Issued By Northampton Conservation Commission W wk This Order must be signed by a majority of the Conservation Commission. On th - personaily day of 19 R% . before me to me known to be the person described in and wKo executed the foregoing instrument and acknowledged that he /she executed the same as his/her fre !and eed. Notary Public �1/1/ ?o x/ f gv/ f //_ Z/- P/ My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of kind abutting the lend upon which the proposed work Is to be done or any ten residents of the city or town in which such lend Is located ar* hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order. providing the request Is made by certified mad or hand delivery to the Department within ten days from the date of issuance of this Order. A copy of the request shell at the same tlme be sent by certified mad or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the North Conservation rommi to commencement of work. To Northampton Conservation Commission IssufngAuthority Please be advised that the Order of Conditions for the project at File Number 246— has been recorded at the Registry of — Dppdq, Hamp ch i re Cal in tar and has bean noted in the chain of title of the affected property In accordance with General Condition 8 on , 19 If recorded land, the instrument number which identifies this transaction If regislered land, the document number which identifies this transaction is Signature Applicant 5 -4A x4 ,. Form 4 Commonwealth of Massachusetts ,r ..r' DEQE File No. 246— 1. ,r (To be provided by DEQE) City /Town Northampton Applicant Chartpak Abbreviated Notice .of Intent Massachusetts Wetlands Protection Act, G.L. c. 131, §40 To be used only for projects of minimum impact, as described in the General Instructions for Completing the Notice of Intent. 1. Location: Street Address One River Road Lot Number 10 -B (21- 22) 2. Project: Type Parking Lot Descriptio extend present parking lot to make more parking spaces available for employees see p lans included) -- lo t approximately l O t x 60 ft 3. Registry: County Hampshire Current Boo 14 9 8 8 Page 396 Certificate (If Registered Land) Document #9220 dated November 30, 1966 4. Applicant: Chartpak Tel. 413-584-5446 Address: One River Road, Leeds, Ma 01053 5. Property Owner: Times Mirror Company Tel, Address: Times Mirror Square, Los Angeles, CA 90053 6. Representative: Albert L. Aube, Jr. Tel. 413- 584 -5446 Addres Chartpak 7. Have the Conservation Commission and DEQE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent. with supporting plans and documents? Yes Ox No-L] 8. Have all obtainable permits, variances and approvals required by local by -law been obtained or applied for? Yes 0 No 0 Obtained: Applied For: Not Applied For: Driveway Permit Building Permit Northampton DPW from City o Northampton 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c. 130, § 105? Yes 0 No P 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number /Letter Title /Date See pl plan submitted 4 -1 11. For work proposed within the Buffer Zone (as defined in Part 1, Sections 10.02(2) and 10.04 of the reg- ulations) describe, with reference to supporting plans and calculations where necessary: (a) The size. shape, type and location of the proposed work. See plot plan submitted (b) Mitigating measures and designs to insure that the proposed work will not alter the resource area which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and designs proposed to meet the performance standard established for that resource area in Part If or Part 111 of these regulations. N/A 12. For work proposed within Land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg- ulations)descrbe, with reference to supporting plans and calculations where necessary: (a) The size, shape, type and location of the proposed work. N/A (b) Mitigating measures and designs proposed to meet the performance standards set forth in Part 111, Section 10.57(4) of the regulations. N/A 1 hereby certify under the pains and 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. Chartpak, One River Road, Leeds, Ma 01053 May 23, 1985 Sign a of t Date i Si ure of Appf s Representativ D e A-9 ` i• I w1�•`1 ~ • , •.. dk Or lb 0. Ob zz ' Zf Coto • • �M �� \ "•�' �- ♦ {Z —�1 1 y- l:.•_ (`a • • =+ � -�. -i • =__ = •tom � - . � • +i�• !� ` -�R ^ * +; F _ sa + _;1`\ 1 ` \ � • ,��� _ ,� _ L'.r� � •�' � �.�`S\" ice_? _` — -•'^• ��� � mot mod � •1` ' � om UM zz .•�� �: - CEO l`• \�':t`ti- .�..�•� � �� �� 1 �- 1'��f:t� -�; _ - -. _ + {\: • • � a_ -�� „a te \�`G tl• `�� V �`y` • \ p ! _. L'5 .,. _ = �6• ILA A. or v.nx al �i _ � ; C«'��� -...� - ' � � `mot_ -'�-1_ - .. -•,_, s a� ' � � r• � •� \.` \ _:.._ � - -tea ��� a — a �' . •f • ate•. ] • �a. � •.•��t ..a •a� _..._ - •a •.• 1 � _ � �QO - . ,CND of i'1 ate; • met 1 �7•:f� y = • JOS • ? rtif 2 N Ott J. Sit 1% • • 1 1 ••• • • I �j= •••�•�a►�a•�•i •�;s•• too Form 7 Commonwealth of Massachusetts DEGE File No. 1 246 — (To be provided by DEGE) Clcyliown Northampton Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131, §40 From: Northam ton Conservation Commission Issuing Authority To: Henry J. Fi V i c e Presi Chartpak, 1 River Rd., Leeds, MA 01053 (Name) (Address) The Order of Conditions (or Extension Permit) issued on May 11, 1982 (date) to _ Chartpak — ( name) for work at 1 River r Rd . , 1.Peds MA 01053 (address) is hereby extended for a period of 1 year(s) from the date it expires. This Extension Permit will expire on May 11 1986 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. ................................................................................................................................:................ ............................... (Leave Space Blank) 7 -1 ``. Issuedby Northampton Conservation Commission Signatures r, When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this s day -IL 19 8 S , before me personally appeared C to me known to be the person described in and ho executed the foregoing instrument and acknowledged that he /she executed the same as hi /h ree act d deed. Notary Public My commission expires Delach on dotted line and submit to the Nor t-h amn t- nn ('nn ca rva t i nn ('nmm i c c; inn prior to commencement of work To Nnrthamntnn (nncarvatinn ('nmmicc; Issuing Authority Please be advised that the Extension Permit to the Order of Conditions for the project a File Number 246— has been recorded at the Registry of _Deeds, Hampsh ire County and has been noted in the chain of litle of the affected property in accordance with General Condition 8 of the original order of conditions on 19 If recorded land, the instrument number which identifies this transaction It registered land, the document number which identifies this transaction is Signature 7-2 Applicant ` t t /C� ORDER OF CONDITIONS W E T L A N D S F R O T E C T I O N A C T G.L. C. 131 s. 40 CITY /TOWN Northampton FILE NUHBER 246 -86 • TO: NAME Chartpak CERTIFIED MAIL NUMBER /g _a3`1 /V � (� ADDRESS 1 River Rd. Leeds, Ma 01053 PROJECT LOCATION: zese 1 River Rd., Leeds, MA 01053 Recorded at Registry of Hamnshire,Count; Book 1498 , Page 396 . Certificate (if registered) REGARDING: 'notice of Intent dated April 16, 1982 and plans titled and dated submitted with Notice Of Inte THIS ORDER IS ISSUED ON(date) May 11, 1982 Pursuant to the authority of G.L. c. 131, s. 40, the Northampton Conservation Commission has reviewed your Notice of Intent and plans identified above, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests listed in G.L. c. 131, s. 40. The Commission hereby orders that the following conditions are necessary to protect said interests and all work shall be performed in strict accordance with them and with the Notice, of Intent and plans identif ied above except where such plans are modified by said conditions. ww �.—. .a •ao -... .w .,».. ----- ewawwwwww -- --------------------- CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes mad other regulatory measures, shall be deemed cause to revoke or modify this order. 2. This order does not grant any property rights or any exclusive privileges; it does not authorise any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by -laws and /or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless it is for a maintenance dredging project subject to Section 5(9). 77b order may be extended by the issuing authority for one or more additional one -year pertoov up--r application to'the said issuing " authority it lmast thirty (30) days prior to the expiration data of the order or its extmalon. I oiAM of cormrrIon conir - 2 - F111 ND. 246` -86 313 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris,.including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, awhes, refrigerators, motor vehicles or parts of any of the foregoing. 6. No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering. 7. No work shall be undertaken until the final order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. The Document number indicating such recording shall be submitted on the form at the end of this order to the issuer of this order prior to commencement of work. Further, if the Order of Conditions is not recorded within 7 days after the end of the ten day anneal period, the Conservation Cc- mmission will irinose a twenty- five dollar (Y 25.00 ) service ::C-C: _ h sn a•- t ^f th S. A sign shall be displayed at the site not less that two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering. Number 246-86 9. 'Where the Department of Environmental Ouality Engineering is requested to make a determination and to issue a superst-ding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 10. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 11. The work shall conform to the following described plans and, additional conditions: plan submitted with the Notice Of Intent 12. There shall be no disturbance (this is meant to include the fire lane) of any.area closer than thirty (30) feet from the high water line (top of the embankment) except for drainage. 13. All drainage must be designed to prevent erosion. 14. Appropriate and adequate erosion and sediment control measures shall be taken during construction. 15. All construction areas shall be restored to original conditions or better upon completion of the project, including vegetation. pgDA aF CONDITIONS CONTINU - 3 - � TILL 110.246 -86 . The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Department of Environmental Quality>Engineering provided the request is made in writing and by certified mail to the Department within ten (10) days from the issuance of this order. ___ISSUED BY N6rthampton Conservation Con mii ssi on On this 1?--nou day of 19X., before me personally appeared to me known to bet the person described in, and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. WENDY MAZZA My Commission expires NOTARY PU d — ��Hy OMM SIO�f�f EXPIRES ," Crune 1, 1982 at 1 o'clock and 19 R in._p.m., Recd, Ent'd and Exam'd.'` FORM 3 WETLANDS PROTECTION ACT `' RECEIVEn ',' ii ? 1982 MASSACHUSETTS G.L. C. 131 s. 40=� , l d (I a NOTICE OF INTENT All parts of this form and the attached Environmental Data Form s 7 e completed under the pains and penalties of perjury. Incomplete filings may be rejected. DATE: April 16, 1982 Conservation Commission of (City /Town): Northampton 1. Notice is hereby given in accordance with the provisions of Massachusetts C.L. c. 131, s. 40 that the proposed activity described herein is within the jurisdiction of (City /Town) Northampton 9 at 210 Main Street Most recent recording at the Registry of Northampton book 1498 Page 396 . Ceatificate (if registered) Document #9220 dated November 30, 1966 2. The land on which the work is proposed to be done is owned by: NAME(s) Times Mirror Co. ADDRESS Times Mirror Square �. The Applicant submitting this Notice is: NABS Chartpak, A Times Mirror Co • TELEPHONE 413- 584 -5446 ADDRESS One River Rd., Leeds Ma 01053 (Optional)The following person is hereby designated to represent the applicant in matters arising hereunder :., Name Albert A Aube Jr Address Chartpak,One River Rd,Leeds Telephone 413- 584 -5446 4. Plans describing and defining the work, included'herevith and made a part hereof, are.titled and dated: • Tr) gyr-ava-te site and add on 20,400 s -ft. addition S. Identical material has been submitted by certified mail as follows: Original to Conservation Commission (Data) same as above Thcee copies to appropriate regional_ offic of the Department of Environmental Quality Engineering: Date same as above Department of Environmental Quality Engineering, Western Regional Of fice - -Rublic Health Center. University of Ma as - achusetts, Amherst, MA 01003 (Form 3. continued) - 2 - -- upol 6. Has the required $25.00 filing fee, payable to the city or town, been included with the submission to the Conservation Commission? yes 7. Has the Environmental Data Form been completed and submitted with each copy? yes 8. Has a locus map (W' x 11" copy of USGS topographic sheet with the site marked) been Included with each copy? yes 9 . . (A)Have all "obtainable permits, variances, and approvals required by local by -law been obtained? no (D)If they have not been obtained, have they been applied for? yes If yes, include with this Notice of Intent any information which has been submitted with such applications which is necessary to describe the effect of the proposed activity on the environment. Enclosed copy of proposed addition in respect 10. to present building and lands '(A)Is the site of the proposed work subject to a wetland restriction order recorded pursuant to G.L. c. 131, s. 40A. or G.L. c. 130, s. 105, by the Department of Environmental Management? Yes No Do not know x (E)Is the site of the proposed work in, or within 100 feet of: a coastal dune ; coastal bank ;-Coastal beach ; salt marsh ; land under the ocean ; a salt pond anadromous /catadromous fish run ; do not know x ? 11. Signature(s) of owner(s) o the land ( by agent or option holder, written authori- cation must be attArhed) .Q %aaaiiJn f11, U P73777ent_ TvianuiacLUr1 12. What is the purpose of the proposed project? To build an 20,400 sq.ft. addition to the present plant. 13. I HEREBY CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE FORGOING NOTICE OF INTENT AND ACCOMWYING ENVIRONMENTAL DATA FORM ARE TRUE AND COMPLETE. iii ,z of Appocant April 16, 1982 Date .0.0 0 0 O O bi Q 1 '79 I J -, .17 F .0.0 0 0 O O pa6 - k bi Q 1 '79 pa6 - k V .. 'L.--, L 1, - END 200' 7 ENI> of - --rAAKIN63 L-5T, 202 " END Or -PARKIAL& 7 7 —,, ��� 1� Q 1 '79 V .. 'L.--, L 1, - END 200' 7 ENI> of - --rAAKIN63 L-5T, 202 " END Or -PARKIAL& 7 7 —,, ��� 1� N . -I- WETLAND PROTECTION ACT V 6- 6 ENVIRONMENTAL DATA FORM 1. All parts of this form are to be filled out by the applicant or his agent under the provisions of G.L. C. 131 S. 40. 2. Where a section is not relevant to the application in question, the words "Not Applicable" should be entered on the appropriate line. OF APPLICANT — C hartpak, A Times Mirror Co ,jDRESS OF APPLICANT One River Road Leeds, Ma 01053 MUO ICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED Northampton, Ma n93CRIPTION OF PROPERTY INVOLVED IN 1. Presently have 70,700 sq.ft. A!'"LICATION (including the dimensions of building of any existing buildings, decks, marinas, 2. Propose building an 20,400 existing cesspools) sq.ft. addition for storage -- and light. i n___ du st r D::SCRIPTION OF MODIFICATIONS PROPOSED Od THE SITE, including grading, dredging, removal of vegetation, etc. Cut down trees, excavate and level where addition is going A. SOILS 1. United States Department of Agriculture Soil Types (show on map) Brown black silt co a r se to fine sand, cobble boulders and ledge 2. Permeability of soil on the site. (Dates of testing) Called ref 9 to 4 - November 30, 1973 3. Rate of percolation of water through the soil. (Dates of testing) Water table dry - November 30, 1973 f ` -2- 1-ftwo, S. SURFACE WATERS 1. Distance of site from nearest surface water (Date of measurement) 93 feet measured J anuary 8, 1982 2. Sources of runoff water rain or melting snow 3. Rate of runoff from the site unknown 4. Destination of runoff water River or absorbed in the g round S. Chemical additives to runoff water on the site None C. GROUND COVER 1. Extent of existing impervious ground cover on the site 129,600 sq.ft. building and parking lots 2. Extent of proposed impervious ground cover on the site 20,400 sq.ft. 3. Extent of existing vegetative cover on the site Approximately 6.9 acres minus 129,600 sq.ft. 4. Extent of proposed vegetative cover on the site Approximately 6.9 acres minus 150,000 sq.ft. D. TOPOGRAPHY ' 1. Maximum existing elevation on site 366 2. Minimum existing elevation on site 330 be low dam 3. Maximum proposed elevation of site No Change M - 3- 4. Minimum proposed elevation of site. No Change S. Description of proposed change in topography None E. GROUND WATER 1. Minimum depth to water table on site (at time of filing) Ledge 2. Maximum depth to water table on site (at time of filing) Ledge 3. Seasonal maximum ground water elevation Ledge -- -- F. WATER SUPPLY 1. The source of the water to be provided to the site City 2. The expected water requirements (g.p.d.) for the site Unknown 3. The uses to which water will be put Sprinkl systems a nd re st rooms G,. SEWAGE DISPOSAL 1. Sewage disposal system (description and location on the site, of system) Tit-d into City sewage sy-q-tpm 2. Expected content of the sewage effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals) Human was from Looms 3. Expected daily volume of sewage Unknown H. SOLID WASTE 1. Estimated quantity of solid waste to be developed on the site None 2. Method for disposal of solid waste No -- 3. Plans for recycling of solid waste -. .. None_ _ -- - - — -- - - -4- I. BOAT YARDS, DOCKS, MARINAS I , 1. Capacity of marina (number of boats, running feet) N/A 2. Description of docks and floats (site, dimensions) e N/A a+► 3. Description of sewage pumpout facilities (type of waste disposal) N/A 4. Description of fueling facilities and fuel storage tanks N/A S. Description of fuel spill prevention measures and equipment N/A J. IMPACT OF PROPOSED ACTION APPLIED FOR 1. Effects on plant species (upland and marine) N/A 2. Effects on marine species (shellfish, finfish) N/A 3. Effects on drainage and runoff Negligible 4. Effects on siltation of surface waters Negligible S. Effects on groundwater quality Negligible 6. Effects on surface water quality Negligible K. ALTERNATIVES TO PROPOSED ACTION 1. Describe alternatives to the requested action Alternative is not to b uild as planned 2. Describe the benefits of the requested action over the alternatives The benefit is increased jobs and taxes for the city. In a dd i tion, t9 Urie ee o'r increased plant 'capacity and expansion. _a1�lA l s t , r' i " •r. a - � • � 1. �,' �' - 'r / � � �I .pr' ' � � • � t,•it •����� cis. A "- 3Q ,` �'", �,'i`,�, �� ` •.r". .p' =r 1. - }•••`I{I ".`; Lu ti � Yo m. - .< • }''.I; „ ?,:yy{31do'QI'l�: �i::;::1: ?o•. ' � ={ht , F OAF - - - -- - -- , Nov; OW Q :; , TAW 4.