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10B-078 50 Water St Conservation Commission-1 7 Mi LJOH � nto - To: Attorney Laura Arbeitman From: Angela Dion / 587 -1262 Fax: 586 -5706 Pages: 7 including cover Phone: Date: 3/28/2003 Re: 50 & 54 Water Street CC: 0 Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Comments: Enclosed please the following: 1. Certificate of Compliance for 50 Water Street, approved by the Conservation Commission on March 27, 2003 and issued this date. 2. Certificate of Compliance for 54 Water Street, approved by the Conservation Commission on March 27, 2003 and issued this date. I will record the documents at the Registry of Deeds today as well. Should you have any questions or concerns, feel free to contact me at 587 -1 262. Angela Dion Board Secretary, Northampton Conservation Commission FROM : DHAMMA DENA _ FAX NO. : 4135840573 Mar. 17 2003 03:36PM P1 `1 . March 17, 2003 Gloria McPherson Conservation and Land Use Plainer City Hall Northampton, MA 01060 Dear Gloria, We are requesting a cmificate of compliance our behalf. We understand that this involves i . an order of conditions that was filed on and we would like to schedule this as soon as poss jdh An order o f con ditions was also fled at the same tone by Beth Kilduff and Kathy Anderson, who five next door'and completed this project jointly with us, and would aLso Re a ccrtificatc of compliance• =: : please call if you have any questions. - Sincerely,. Anne Morehouse and Mary Hullmt C . 54 Water St. Leeds, MA 01053 586 -0506 Date of Issuance: 10/1 1/00 : Doc: 992023702 or /6056/0148 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -475 WPA Form 5 - Order of Conditions Provided by DEP �. e Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 °tv ayae A. General Information Important: When filling From: out forms on Northampton Conservation Commission 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 To: Applicant: Property Owner (if different from applicant): Elizabeth Kilduff & Kathleen Anderson Elizabeth Kilduff & Kathleen Anderson Name Name 50 Water Street 50 Water Street Mailing Address Mailing Address Leeds MA 01053 Leeds MA 01053 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 50 Water Street Northampton Street Address City/Town 1013 78 Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 1040 330 County Book Page N/A Certificate (if registered land) 3. Dates: August 4, 2000 September 11, 2000 October 18, 2000 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): "Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00 New England Environmental, Inc. by E.B. Holmberg & Associates Date 5. Final Plans and Documents Signed and Stamped by: Emily B. Holmberg, P.L.S. Name 6. Total Fee: $82.50 + $35.00 Local Ordinance Fee (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Rev. 02/00 Page 1 of 7 s 1 * . -.01 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 -475 Provided by DEP B. Findings 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 ❑ Private Water Supply ❑ Groundwater Supply ® Land Containing Shellfish ❑ Fisheries ® Storm Damage Prevention ® Prevention of Pollution ® 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 Form 5 Rev. 02/00 Page 2 of 7 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 246 -475 WPA Form 5 - Order of Conditions Provided by DEP �g..r Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. 9. A sign shall be displayed at the site not less 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 -475 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 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -475 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Additional Conditions (Attachment A). Findings as to municipal bylaw or ordinance Furthermore, the Northampton 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 modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Rev. 02/00 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -475 yf WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. October 1$ 2000 Date 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). Signatures: the 13th On Day before me personally appeared James Kaplan October Of Month and Year to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. /kcl A�_ May 31, 2007 Notary Public 1 ,01 My Commission Expires This Order is issued to the applicant as follows: 1� by hand delivery on October 18, 2000 ❑ by certified mail, return receipt requested, on WPA Form 5 Rev. 02/00 Page 5 of 7 .r/ 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 -475 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. Northampton Conservation Commission Conservation Commission WPA Form 5 Rev. 02/00 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -475 =j WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Conservation Commission Please be advised that the Order of Conditions for the Project at: 50 Water Street 246 -475 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County Book Page for: Elizabeth Kilduff and Kathleen Anderson 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: October 18, 2000 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 Page 7 of 7 Rev. 02/00 .S%Wl .r/ 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: ( #26, #27). 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. 1 `r✓ -0101 WETLAND REPLICATION: 25. A wetland specialist, approved by the Conservation Commission, shall be on -site during all phases of the transference /replanting and construction of the replication area. 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 200 1) By (September 2002) 27. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report" by a qualified individual of work completed on the site, actions taken during the replication, and the rate of success of wetland replication. COMMONWEALTH OF MA SSACHUM�TTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE JANE SWIFT Lieutenant Governor BOB DURAND Secretary LAUREN A. LISS Commissioner ATE: C� r RE: NOTIFICATION OF FILE NUMBER AUG 2 8 2000 WETLANDS/ N0R'THN* T0N' / LEED (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c.131, y40): APPLICANT: ELIZABETH KILDUFF & K ANDERSON OWNER: ADDRESS: -go kM= STREET ADDRESS: .E=, MA 01053 PROJECT LOCATION: 50 WATER STREET IF CHFKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE / O / F INTENT: A. V_ This project has been assigned the following file # � E q r 4 Although a file # is being issued, please note the following: ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION B. No File # will be assigned to this project until the following missing information is sent to this office, to meet the minimum submittal requirements in accordance with the Wetlands Protection Regulations at 310 CMR 10.00: ( ) copy(s) of a completed Notice of Intent (WPA Form 3 or WPA Form 4, whichever is applicable) and a copy of the Fee Transmittal Form, with a copy of the check for the State's share of the Notice of Intent filing fee. ( ) copy(s) of plans, calculations, and other documentation necessary to completely describe the proposed work and mitigating measures to protect resource areas. ( ) copy(s) of a 8 t /Z by 11" section of the USGS topographic map of the area (a legible photocopy) showing the site. ( ) Two (2) copy(s) of plans showing compliance with Title 5 of the State Environmental Code, 310 CMR 15.00. ( ) Proof that a copy of your Notice of Intent has been mailed or hand delivered to the Natural Heritage and Endangered Species Program. COMMENTS: - See page 2 for additional information - This information is available in alternate format by calling our ADA Coordinator at (617) 5746872. 436 Dwight Street a Springfield, Massachusetts 01103 -1317 a FAX (413) 784 -1149 a TDD (413) 746 -6620 • Telephone (413) 784 -1100 Other Regulatory Jurisdiction: C. Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. D. 401 Water Quality Certification (314 CMR 9.00) may be required. See below for further details: ( ) Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. Provided that the project meets the following conditions, summarized below from 310 CMR 9.03 and 9.04, and the conditions under the Corps of Engineers Programmatic General Permit for Massachusetts (PGP), the project qualifies for 401 Certification as certified under the PGP: a) activities are conducted in compliance with MGL c. 131, §40 (the Wetlands Protection Act) and the Final Order of Conditions permitting the activities does not result in the loss of more 5,000 square feet cumulatively of bordering and isolated vegetated wetlands and Land Under Water and /or the dredging of more than 100 cubic yards of Land Under Water; b) the Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands pursuant to 310 CMR 10.55 (4)(b); c) The project is not listed in 314 CMR 9.04 (1) through (11) including: discharge of dredged or fill material to any Outstanding Resource Waters; any part of a subdivision unless deed restricted, so long as the discharge is not to an Outstanding Resource Water see 314 CMR 9.04 (3) and; d) The project does not include activities exempt from MGL c.131, s40 (except for normal maintenance and improvement of land in agricultural or aquacultural use); discharge of dredged or fill material to an isolated vegetated wetland designated as rare and endangered species habitat; loss of any salt marsh; activities subject to an individual 404 permit. Information and a copy of the PGP can be obtained from the Corps of Engineers at 1- 800 - 362 -4367. If impacts to resource areas or project size increased beyond that described in the Notice of Intent or there are discrepancies therein, you must notify the Department and request a determination that the criteria of 310 CMR 9.03 have been met before the activity may begin. ( ) Before the activity described in the Notice of Intent can commence, you must obtain a Water Quality Certification from this Regional Office. Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for Review. The applicant is advised to forward a copy of the application to the Army Corps of Engineers for review, at U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742 -2751. ( ) Your project inVblves dredging of greater than 100 cubic yards of Land Under Water. Please complete the enclosed 401 Water Quality Certification application form and submit to the Department of Wironmental Protection, Wetlands and Waterways Program, One Winter Street, Boston, MA 02108. Call the Wetlands and Waterways Program at 617- 292 -5695 with any questions. The applicant is advised to forward a copy of the application to Army Corps of Engineers for review, at U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742 -2751. 4 t For more information please contact: art lr . C S^ C' I cc: Conservation Commission ( ) Natural Heritage aId Endangered Species Program Property Owner as listed in Notice of Intent ( ) U.S. Army Corps of Engineers Representative as listed in Notice of Intent, (~`) DEP = Waterways Regulation' Program ( ) Other: WHITE - APPLICANT YELLOW - OWNER PINK - CONSERVATION COMMISSION GOLD - FILE `NEW ENGLRND ENb'IRONMENT(�l INC. Environmental Consulting Services on August 2, 2000 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 RE: Notice of Intent Bank Repair at 50 Water Street, Leeds NEE File 00 -1740 Dear Members of the Commission: 800 Main Street Amherst, MA 01002 (413) 256 -0202 FAX (413) 256 -1092 Enclosed please find nine copies of a Notice of Intent for Elizabeth Kilduff and Kathleen Anderson to repair the Bank behind their house at 50 Water Street in Leeds. This project is being filed under the Massachusetts Wetlands Protection Act and the City of Northampton Wetland Ordinance. The proposed work is on the Bank, within the 100 foot Buffer Zone of the Bank, and within the Riverfront of the Mill River. The filing fee for this project is calculated as follows: the category 1(d) (resource improvement) fee is $55.00. To this is added another 50% for work within the Riverfront, for a total project fee of $82.50. $53.75 is the city share, and $28.75 has been sent to the Commonwealth of Massachusetts, DEP Lock Box in Boston. An additional municipal fee of $35.00 has been added to the city check, for a sum of $88.75. Copies of the checks follow the Notice of Intent form. Thank you for reviewing the Notice of intent for this project. Please contact our office if you would like to schedule a site visit prior to the public hearing for this project. Sincerely yours, New England Environmental, Inc. )oor Marcus Bruce Griffin cien tist Associate Scientist Principal cc: Department of Environmental Protection, Western Regional Office `.r 4mp" 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 A. General Information 1. Applicant: Elizabeth Kilduff and Kathleen Anderson E -Mail Address (if applicable) Name r,n Water Street DEP File Number: Provided by DEP Northampton Town Mailing Address Leeds MA 01053 City/Town State Zip Code 413 586 -3812 Phone Number Fax Number (if applicable) 2. Representative (if any): New England Environmental, Inc. Firm Mic hael J Marcus mmarcus(Dneein Contact Name E -Mail Address (if applicable) 800 Main Street Mailing Address Amherst MA 01002 Cityrrown State Zip Code 413 256 -0202 413 256 -1092 Phone Number Fax Number (if applicable) 3. Property Owner (if different from applicant): same Name Mailing Address City/Town State Zip Code 4. Total Fee: $53.75 City of Northampton $28.75 Commonwealth of Massachu (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: 50 Water Street Leeds, MA Street Address City/Town 10B Lot 78 Assessors Map /Plat Number Parcel /Lot Number 6. Registry of Deeds: Hampshire 1040 330 County Book Page N/A Certificate (if Registered Land) r t *4 -400 ;. Massachusetts Department of Environmental Protection n Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent r. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP Northampton Town r A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? approximately 150 square feet ❑ No 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.) Bank 30 linear feet '— Riverfront 150 square feet B. Project Description 1. General Project Description: This project consists of the restoration of a section of the Bank of the Mill River. The stone face of the Bank will be rebuilt where erosive action by the River has un dercut it. As part of the same project invasive alien plants will be removed and native veget replanted. 2. Plan and /or Map References: Proposed Section: Mill River Bank July 14, 2000 Title Date Site Plan of Land at 50 & 54 Water Street July 19, 2000 Title Date Ow &N— `%W- -"001 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 DEP File Number: Provided by DEP Northampton 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 Coastal Resource Areas — ® Inland Bank ❑ Coastal Beach ❑ Barrier Beach ❑ Bordering Vegetated Wetland (BVW) ❑ 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: Bordering Land Subject to Flooding: N/A N/A Square Feet altered Volume of Flood Storage Lost (cubic feet) Square Feet replaced Volume of Flood Storage Compensation (cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: — N/A N/A Square Feet altered Volume of Flood Storage Lost (cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation (cubic feet) Bank: — 30 feet Linear Feet altered Coastal Resource Areas: — Coastal Dune: Land Under Salt Pond: N/A N/A Square Feet altered Square Feet altered — N/A N/A Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: N/A N/A Square Feet altered Square Feet altered _ Coastal Bank: Designated Port Area: N/A N/A Linear Feet altered Square Feet altered ` 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 DEP File Number: Provided by DEP Northampton Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: N/A N/A Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: N/A N/A Square Feet altered Land Under Ocean: N/A Square Feet altered N/A Square Feet altered Cubic Yards dredged Riverfront Area: — a. Name of Waterway (if available): Mill River 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: — Top of bank. _ d. Distance of proposed activity closest to the Mean Annual High -Water line: Most of the project is within the limits of the Mean Annual High -Water Line. Feet e. Total area of Riverfront Area on the site of the proposed project: The whole property, with the exception of the Bank is within the Riverfront Area. Square Feet f. Proposed alteration of the Riverfront Area: 150 150 0 .r Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft. and 200 ft. Massachusetts Department of Environmental Protection 1. Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP Northampton Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: r ❑ 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 2000 -2001 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): ® 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 ® No 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 DEP File Number: Provided by DEP Northampton 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: 310 CMR 10.53(4): "projects which will improve the natural capacity of a resource area to protect the interests identified in M.G.L. c.131, 40" ❑ No 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: ® No 3 a. Is the project located in the Riverfront Area? ® Yes If yes, indicate the proposed project purpose: ❑ No ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ® Other (describe) Repair of a degraded Bank. 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? ® Yes If yes, explain why the project is exempt: Single- family house projects are exempt. If no, stormwater management measures are required. Applicants are ❑ No encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. < 9 �j �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 DEP File Number: Provided by DEP Northampton 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: 3(75' 3 (71 07000 Check Numbdr Check date New England Environmental Elizabeth Kilduff & K. Anderson Payer name on check Applicant name (if different from payer) 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 at the — expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). 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 re sted) to all abutters within 100 feet of the property line of the project location. signal o Applicant ate sigKture of Property Owner (if different) Date a Sign e f Representative (if any) Dat '`. ..� NEW ENGLAND ENVIRONMENTAL, INC. INTRODUCTION This Notice of Intent proposes to rebuild and restore a section of an eroding rip rap bank of the Mill River. Winter ice scouring and undercutting by peak spring flows have degraded the stability of the Bank, and further erosion is likely without restoration. The undercut section is directly below the highest topographical elevation in the vicinity of the Bank, and this section also has several trees, some of which are leaning. Without stabilization measures, degradation of the Bank is therefore likely to accelerate. The plan which is described in this Notice of Intent proposes removal of invasive exotic vegetation along the top of the bank, rebuilding of the armored stone surface of the Bank, and planting of native vegetation. No new work is proposed, no new fill or expansion of the bank is proposed, and no alteration of Bordering Vegetated Wetland is proposed. This project is a maintenance project to repair an eroded section of stone rip -rap, with additional stone rip rap to prevent bank scouring and erosion. We are providing a planting plan to install native wetland vegetation on and adjacent to the bank area. SITE DESCRIPTION The eastern edge of the lot at #50 Water Street in Leeds borders on the Mill River. The back _ yard of this property is a gently sloping mown lawn with garden spaces and a few trees. A small barn stands in the northeast corner of the lot (see Site Plan). Trees, shrubs, and untended herbaceous growth are allowed to grow wild in the area adjacent to the River. Soils are mapped as Hinckley loamy sand, a coarse- textured and excessively drained soil, which is typically loose and unstructured. Observations during a site visit confirmed that the soil is consistent with the mapped characterization. DESCRIPTION OF WETLANDS New England Environmental, Inc., (NEE) completed the wetlands delineation at #50 Water Street on July 12, 2000. The following resource areas are in the vicinity of the proposed work: ► Bank ► Land Under Water ► Bordering Land Subject to Flooding ► Riverfront The Land Under Water is in the Mill River. There was no associated Bordering Vegetated Wetland beyond the Bank, due to the height of the Bank and the droughty nature of the soil. No other wetland resource areas are present at this site. Notice of Intent for 50 Water Street Bank Restoration Page 1 sm `„ '"'1' NEW ENGLAND ENVIRONMENTAL, INC. There are no areas of Estimated Habitat of Rare Wildlife according to the Massachusetts Natural ,.. Heritage Atlas, 2000 -2001 Edition, Easthampton Quad (see Figure 2). Bank w The Bank of the Mill River at the back of this property is a steep slope armored with stone with an average diameter of 18 " -24 ". The height of the top of slope above an early summer water level varied from 3' to 5'. In the section which is degraded, undercutting at the toe of the slope has caused some of the stones to tumble down to the river bottom, and surrounding soil and stones are loosened and eroding downward. There are trees and dead tree trunks in the Bank, as well as scattered shrubs. The degraded _ section has a thick patch of Japanese Knotweed (Polygonum cuspidatum). Also present in this area are two other invasive aliens: Asiatic Bittersweet (Celastrus orbiculatis) and Bittersweet Nightshade (Solanum dulcamara). Native plants growing on the Bank include American Elm _ (Ulmus americana), Gray Birch (Betula populifolia), Green Ash (Fraxinus pennsylvanica), Virginia Creeper (Parthenocisszts quinquefolia), and spring- flowering violets (Viola spp.). w Bordering Land Subject to Flooding and Riverfront The Flood Insurance Rate Map for the Town of Northampton shows that part of the Lot is within the 100 year floodplain, and is therefore Bordering Land Subject to Flooding. (See Figure 3.) As the depth of the lot is less than 200', the whole lot is within the Riverfront of the Mill River. A local Watershed Protection area also covers the back portion of the property. All these resource areas on this lot are developed residential land with buildings, mowed lawn, and gardens. The proposed work will take place within the confines of the Bank, except to the extent that patches of alien vegetation have spread to adjacent areas and will be removed, and subsequent replanting will be required to stabilize these areas. PROJECT DESCRIPTION The purpose of the proposed work is the repair of the rock face of a destabilized section of the _ Bank of the Mill River behind #50 Water Street. The goal is to restore the integrity of the Bank so that it will be better able to resist erosive action by the River, thereby preventing soil erosion into the River and destabilization of neighboring stretches of Bank. A secondary goal is the w replacement of invasive alien plants on and adjacent to the Bank with appropriate native plants. These plantings will also help stabilize the rebuilt Bank. w Notice of Intent for 50 Water Street Bank Restoration Page 2 w NEW ENGLAND ENVIRONMENTAL, INC. The total length of Bank repair on this project is 30 linear feet (see Figure 4), starting near the property line at the southeast corner of the lot. This is less than the 50 foot Bank performance standard for Bank wildlife habitat; however, since this bank is presently stone rip -rap, it is presumed not to have "important" wildlife habitat attributes. Proposed Sequence of Work 1) Clear and remove invasive exotic vegetation from the bank area 2) Cut unstable and leaning trees and remove these from the property. Those trees which are in the bank restoration area and which are stable, have been flagged in the field to be left uncut. 3) Replace and rebuild stone rip rap bank using 18 " -24" stone. Fill undercut bank with smaller stone. Align stone to match the adjacent faces. 4) Replant with native trees and shrubs; seed and mulch exposed soil. (See Figure 4 for planting plan). These will include 20 Silky Dogwood (Cornus amomum) and 38 Pussy Willow (Salix discolor). 5) Seed any disturbed riverbank/yard area with a native seed mix as specified below: Seed Mix for Disturbed Bank area along Mill River SPECIES PERCENT Tioga Deertongue (Panicum clandestinum) 22 Creeping Red Fescue (Festuca rubra) 15 Switchgrass (Panicum virgatum) 10 Virginia Wild Rye (Elymus virginicus) 10 Fowl Bluegrass (Poa palustris) 10 Creeping Bentgrass (Agrostis stolonifera) 7 . 5 Riverbank Wild Rye (Elymus riparius) 7 Partridge Pea (Chamaecrista fasciculata) 5 Canada Wild -rye (Elymus canadensis) 5 Fox Sedge (Carex vulpinoidea) 3 Notice of Intent for 50 Water Street Bank Restoration Page 3 i sm `„ `10 NEW ENGLAND ENVIRONMENTAL, INC. — Seed Mix for Disturbed Bank area along Mill River Blue Vervain (Verbena hastata) 2 Canada Goldenrod (Solidago canadensis) I Grass - leaved Goldenrod (Euthamia graminifolia) I Joe -Pye Weed (Eupatorium frstulosum) 0.5 Boneset (Eupatorium perfoliatum) 0.5 Flat -top Aster (Aster umbellatus) 0.5 Timing Work will be performed as soon as the Order of Conditions is issued by the Northampton Conservation Commission. Ideally, the work will take place during periods of low water flow in late summer /early fall. It is the goal of this project to repair the bank prior to the winter when erosion and bank scouring is most severe. _ Planting of native vegetation will then be timed to take advantage of cooler, wetter fall weather to establish healthy root systems before winter. FEES The activity fee for Category 1(d) (resource improvement) is $55.00. To this is added another 50% for work within the Riverfront, for a total project fee of $82.50. $60.00 is the city share, and $22.50 has been sent to the DEP lockbox. An additional municipal fee of $35.00 has been added to the city check, for a sum of $95.00. Copies of the checks follow the Notice of Intent form. SUMMARY The proposed project at #50 Water Street consists of the maintenance rebuilding an existing rock - covered slope which is part of the Bank of the Mill River, and is also within the Riverfront and Bordering Land Subject to Flooding. As part of the same operation, invasive alien vegetation would be removed and replaced by native plants. There will be no expansion of the existing bank rip rap, no alteration of flood storage, and no alteration of Bordering Vegetated '— Wetland. Notice of Intent for 50 Water Street Bank Restoration Page 4 NEW ENGLAND ENVIRONMENTAL, INC. Figure 3. Flood insurance Rate Map, Northampton, Panel 250167 0001 A. RM Site ZONE C OLD SHEPHE D ROAD ZONE A7 I S-1 U MULBERRY 4/317tl ZONE C `/' 337 STREET. 322 ML L R1 VER 290 324 ., �NG� RM3 68 m kOP <' m A 28 O ARCH STREET NORTH COUNTRY LANDSCAPES FACSIMILE TRANSMITTAL SHEET TO: J FROM: FAX NUMBER: DATE: Y COM TOTAL NO. OF PAGES INCLUDING COVER: PHONE NUMBER: Address RE: REFERENCE TO: xURGENT K. For Review PLEASE COMMENT i5 REPLY &LEASE RECYCLE NOTES/CONPAENTS: V A 7 �7 e- vI ll C A All. 43 RATTLE HILL ROAD • SOUTHAMPTON, MA 01073 PHONE: (413) 527-7250 • FAX: (413) 527-9593 I NORTH COUNTRY LANDSCAPES FACSIMILE TRANSMITTAL SHEET T 0: C� FPOM A.' FAX NUMBER: DATE: dal le � live I/ COMPANY: TOTAL NO. OF PAGES INCLUDING COVER. PHONE, NU MB ER: Address RE: REFERENCE TO: -6 uRGENT K For Review PLEASE COMMENT KPLEASE REPLY '&2LEASE RECYCLE NOTES/COMNEENTS: �' � .,�' � l � 4° � — �I �� �'����' � o��� off= ��� i �7 17 7Z 'y 0 � v e- 43 RATTLE HILL ROAD • SOUTHAMPTON, MA 01073 PHONE: (413) 527-7250 • FAX: (413) 527-9593 I Doc; 992024565 OR /6063/0011 u/13/200010:27 ..• I,►' k Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands r WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: e)Ar- A7r_ .­, � 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. V Q From: Northampton Conservation Commission Conservation Commission This issuance if for (check one): ® Order of Conditions ❑ Amended Order of Conditions To: Applicant: Elizabeth Kilduff & Kathleen Anderson Name 50 Water Street Property Owner (if different from applicant): Elizabeth Kilduff & K athleen Anderson Name 50 Water Street 5. Final Plans and Documents Signed and Stamped by: Emily B. Holmberg, P.L.S. Name 6. Total Fee: $82.50 + $35.00 Local Ordinance Fee (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev. 02/00 Mailing Address Mailing Address Leeds MA 01053 Leeds MA 01053 Cityfrown State Zip Code Cityfrown State Zip Code 1. Project Location: 50 Water Street Northampton Street Ad dr CltyfPown n Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 1040 330 County Book Page N/A Certificate (if registered land) 3. Dates: August 4, 2000 September 11, 2000 October 18, 2000 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): "Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00 New England Environmental, Inc. by E.B. Holmberg & Associates Date 5. Final Plans and Documents Signed and Stamped by: Emily B. Holmberg, P.L.S. Name 6. Total Fee: $82.50 + $35.00 Local Ordinance Fee (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 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. WPA Form 5 Page 2 of 7 Rev. 02/00 DDC; 992024585 OR /6063/001" 11/13/7000 10;27 Massachusetts Department of Environmental Protection DEP File Number: b Bureau of Resource Protection - Wetlands 246 -475 WPA Form 5 - Order of Conditions Provided by DEP g a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. 9. A sign shall be displayed at the site not less 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 -475 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 DDc: 992024585 OR MYNA 11/''00010:21 `.. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -475 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Additional Conditions (Attachment A). Findings as to municipal bylaw or ordinance Furthermore, the Northampton 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 modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Page 4 of 7 Rev. 02/00 Doi, 992024585 OR /6063 /0075 113/200010,21 Nftpw Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -475 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. October 18 2000 Date 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). Signatures: the 13th On Day before me personally appeared James Kaplan Of October Month and Year to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. s wtAXW- L,� May 3 1, 2007 Notary Public "I My Commission Expires This Order is issued to the applicant as follows: d by hand delivery on ❑ by certified mail, return receipt requested, on October 18, 2000 WPA Form 5 Page 5 of 7 Rev. 02!00 9 Doc: 992024555 OR /6063/0016 /13/200010,21 NMW 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 -475 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. Northampton Conservation Commission Conservation Commission WPA Form 5 Page 6 of 7 Rev. 02/00 Doc, 992024585 OR /6063/0011, W13/200010s21 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -475 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Conservation Commission Please be advised that the Order of Conditions for the Project at: 50 Water Street 246 -475 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County Book for: Elizabeth Kilduff and Kathleen Anderson Page 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: October 18, 2000 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 1%MW � Doc; 992024585 OR /6063/0078 11/13/200010;27 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: ( #26, #27). 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. 1 Doc: 992024565 OR /6063/0079 11/13 /200010:27 WETLAND REPLICATION: 25. A wetland specialist, approved by the Conservation Commission, shall be on -site during all phases of the transference /replanting and construction of the replication area. 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 200 1) By (September 2002) 27. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report" by a qualified individual of work completed on the site, actions taken during the replication, and the rate of success of wetland replication. LTrES?t HA1�PS8IRE, errx iie . RMISM MARIANNE L. DONO Massachusetts Department of Environmental Protection C,E°File Number: � Bureau of ReJouree Protection - Wetlands 2 - 475 -- , y WPA Form 5 - Order of Conditions Provided byDrP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by th e R egistry of Deeds and submit to the Conservation Commission. To: North tp on C onservation Commission Conservation Commission Please be advised that the Order of Conditions for the Project at: 'in Water Street 246 -475 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County Book for: Elizabeth Kilduff and Kathleen Anderson Property Owner and has been noted in the chain of title of the affected property in: Page Book Page In accordance with the Order of Conditions issued on: October 18, 2000 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 of Applicant WPA Form 5 Rev. 02/00 Page 7 of 7 'M P File Num Massachusetts Department of Environmental Protection DE .246-473 ber Bureau of Resource Protection - Wetlands Provided by DEP WPA Form 5 - Order of Conditions c. 131, §40 Massachusetts Wetlands Protection Act M.G.L. 6- 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 Conservation Commission Please be advised that the Order of Conditions for the Project at: 54 Water Street 246-473 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County Book Page for: Mary Hulbert and Anne Morehouse 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: October 11, 2000 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 WPA Form 5 Page 7 of 7 Rev. 02/00 two Doc; 992023154 OR /6050/0290 10126r,,A 10:30 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 Fk+ A. General Information Important: When filling From: out forms on Northampton Conservation Commission 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 VD: To: Applicant: Mary Hulbert and Anne Morehouse reran Name 54 Water Street Mailing Address Leeds MA 01053 City/Town State Zip Code 1. Project Location: 54 Water Street Street Address 10B Assessors Map /Plat Number 2. Property recorded at the Registry of Deeds for: DEP File Number: ner_ ern Property Owner (if different from applicant): Mary Hulbert and Anne Morehouse Name 54 Water Street Mailing Address Leeds MA 01053 City/Town State Zip Code Northampton City/Town 79 Parcel /Lot Number Hampsnlre 2654 156 County Book Page N/A Certificate (if registered land) 3. Dates: August 4, 2000 September 11, 2000 October 11, 2000 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): "Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00 New England Environm Inc. by E.B. Holmberg & Associates Date 5. Final Plans and Documents Signed and Stamped by: Emily B. Holmberg, P.L.S. Name 6. Total Fee: $82.50 + $35.00 Local Ordinance Fee (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Rev. 02/00 Page 1 of 7 Doc; 992023154 OR /6050/0291 10,.00010;30 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -473 Provided by DEP WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 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 Form 5 Rev. 02/00 Page 2 of 7 Doc; 992023154 OR /6050/0292 )26 /200010;30 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -473 Provided by DEP WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. 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. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. 9. A sign shall be displayed at the site not less 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 -473 " 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 Doc; 992023154 OR /6050/0293 .26/200010;30 Massachusetts Department of Environmental Protection DEP File Number: y Bureau of Resource Protection - Wetlands 246 -473 Provided by DEP WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Additional Conditions (Attachment Findings as to municipal bylaw or ordinance Furthermore, the Northampton 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 Dlans_ specifications_ or other Dronosals submitted with the Notice of Intent. WPA Form 5 Rev. 02/00 Page 4 of 7 DEP W Massachusetts Wetlands Protection Act M. G. L. c. 131, §40 0 Findings (coot.) I 58 Massachusetts Depa tment of Environmentai Protection - Bureau of Resource �`ection — Wetlands , NO/ WPA Form 5 - Order of Conditions This Order is valid for three years, unless otherwise specified On this as a special condition pursuant to General Conditions #4, 25th from the date of issuance. October 11, 2000 day of September Date 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 regional office of the Department of Environmental Protection. Notary Pu A ay 31, 2007 My commission expires 0 0 � •L Month 2000 Year before me personally appeared o Michael Reed 0 to me known to be the person described in and who executed ie foregoing instrument and acknowledged that he /she xecuted the same as his /her free act and deed. its Order is issued to the applicant as follows: by hand delivery on Date by certified mail, return receipt requested, on October 11, 2000 Date 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 Department of Environmental Protection 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 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 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 bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Rev. 10/98 — - -- _ Page " Doc; 992023154 OR /6050/0295,.,/ 10/26/200010;30 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -473 Provided by DEP ' WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. Northampton Conservation Commission Conservation Commission WPA Form 5 Rev. 02/00 Page 6 of 7 r Doc; 992023154 OR /6050/02 10/26/200010;30 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -473 Provided by DEP WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Conservation Commission Please be advised that the Order of Conditions for the Project at: 54 Water Street 246 -473 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book for: Mary Hulbert and Anne Morehouse 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: October 11, 2000 Date If recorded land, the instrument number identifying this transaction is: Page 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 Doc; 992023154 OR /6050/0291' 10/26/200010;30 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: ( #26, #27). 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. 1 4-' WETLAND REPLICATION: C2 Doc; 992023154 OR /6050/0298 10/26/200010;30 25. A wetland specialist, approved by the Conservation Commission, shall be on -site during all phases of the transference /replanting and construction of the replication area. 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 2001) By (September 2002) 27. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report" by a qualified individual of work completed on the site, actions taken during the replication, and the rate of success of wetland replication. •`r of 'tire ATTEST: ReWsam, 7 IAA- REGISTER �tIA1iDiE L. • b0 HUTS _-.d' Massachusetts Department of Environmental Protection 3 Bureau of Resource Protection - Wetlands °p WPA Form 5 - Order of Conditions x q Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out forms on Northampton Conservation Commission the computer, Conservation Commission use only the This issuance if for (check one): tab key to move your cursor - do ®Order of Conditions not use the return key. ❑ Amended Order of Conditions „e To: Applicant: Property Owner (if different from applicant): Mary Hulbert and Anne Morehouse Mary Hulbert and Anne Morehouse Name Name 54 Water Street 54 Water Street Mailing Address Mailing Address Leeds MA 01053 Leeds MA 01053 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 54 Water Street Northampton Street Address City/Town 10B 79 Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 2654 1 56 County Book Page N/A Certificate (if registered land) 3. Dates: August 4, 2000 September 11, 2000 October 11, 2000 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): "Site Plan of Land at 50 & 54 Water Street, Leeds, Massachusetts," Prepared for 07/19/00 New England Environmental Inc. by E.B. Holmberg & Associates Date WPA Form 5 Rev. 02/00 DEP File Number: 1.1 A-sn 5. Final Plans and Documents Signed and Stamped by: Emily B. Holmberg P.L.S. Name 6. Total Fee: $82.50 + $35.00 Local Ordinance Fee (from Appendix B: Wetland Fee Transmittal Form) Page 1 of 7 � t o u 1 1`„ ..I' 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 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 246 - 473 Provided by DEP 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 ❑ Private Water Supply ❑ Groundwater Supply ® Land Containing Shellfish ❑ Fisheries ® Storm Damage Prevention ® Prevention of Pollution ® 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 Form 5 Page 2 of 7 Rev. 02100 `%NWI Massachusetts Department of Environmental Protection DEP File Number: 246 -473 Bureau of Resource Protection - Wetlands Provided by DEP WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. 9. A sign shall be displayed at the site not less 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 -473 " 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 WPA Form 5 Rev. 02100 on r5 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 -473 Provided by DEP 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 Additional Conditions (Attachment A) Findings as to municipal bylaw or ordinance Furthermore, the Northampton 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 plans. specifications. or other proposals submitted with the Notice of Intent. Page 4 of 7 DEP Massachusetts g vtment of Environmental Protection- - Bureau of Resou&Wrotecdon — Wetlands WPQ Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Findings (coot.) This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. October 11, 2000 Date 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 regional office of the Department of Environmental Protection. On this 25th day of September Month 2000 Year before me personally appeared Michael Reed to me known to be the person described in and who executed ie foregoing instrument and acknowledged that he /she xecuted the same as his /her free act and deed. r�a„ -tom cr%? Notary Publ Y 31, 2007 My commission expires 1is Order is issued to the applicant as follows: by hand delivery on Date by certified mail, return receipt requested, on October 11, 2000 Date 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 Department of Environmental Protection 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 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 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 bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Rev. 10/98 Paoe Massachusetts Department of Environmental Protection T Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals DEP File Number: 246 -473 Provided by DEP 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. Northampton Conservation Commission Conservation Commission WPA Form 5 Page 6 of 7 Rev. 02/00 Massachusetts Department of Environmental Protection F 3 Bureau of Resource Protection - Wetlands "s WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 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 Conservation Commission Please be advised that the Order of Conditions for the Project at: 54 Water Street 246 -473 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County Book Page for: Mary Hulbert and Anne Morehouse 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: October 11, 2000 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 Page 7 of 7 Rev. 02/00 L 14010W 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: ( #26, #27). 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. 01 ' %J WETLAND REPLICATION: 25. A wetland specialist, approved by the Conservation Commission, shall be on -site during all phases of the transference /replanting and construction of the replication area. 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 2001) By (September 2002) 27. At the time of requesting a Certificate of Compliance, the applicant must submit a "Summary Report" by a qualified individual of work completed on the site, actions taken during the replication, and the rate of success of wetland replication. )t!FOMMONWEALTH OF MASSACHUft--PTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONALA ARGEO PAUL CELLUCCI BOB DURAND Governor ` Secretary ', 4 Dim JANE SWIFT LAUREN A. LISS � � � �' Commissioner Lieutenant Governor tt — RE: NOTIFICATION OF FILE NUMBER DATE: WETLANDIL I n (citynown) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c.131, 140): APPLICANT: PAY HULi3ERT & ANNE MOREHOUSE ADDRESS: 54 WATER STREET OWNER: ADDRESS: PROJECT LOCATION: 54 WATER STREET IF CHErKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT: A. This project has been assigned the following file # v '" �t3 Although a file # is being issued, please note the following: t: �;�; 9a �L� il.� 2-t„ ' ( 7A' 4� a�� VVL/ `� , ul", )� }'l L 1`t t� T YL tta� - ir- 1 /lIC.�LcI dN� �� !f 1`7'I B. No File # will be assigned to this project until the following missing information is sent to this office, to meet the minimum submittal requirements in accordance with the Wetlands Protection Regulations at 310 CMR 10.00: ( ) copy(s) of a completed Notice of Intent (WPA Form 3 or WPA Form 4, whichever is applicable) and a copy of the Fee Transmittal Form, with a copy of the check for the State's share of the Notice of Intent filing fee. ( ) copy(s) of plans, calculations, and other documentation necessary to completely describe the proposed work and mitigating measures to protect resource areas. ( ) copy(s) of a 8' /z" by 11" section of the USGS topographic map of the area (a legible photocopy) showing the site. ( ) Two (2) copy(s) of plans showing compliance with Title 5 of the State Environmental Code, 310 CMR 15.00. ( ) Proof that a copy of your Notice of Intent has been mailed or hand delivered to the Natural Heritage and Endangered Species Program. �> �/ COMMENTS: F� -c3 f 7 r "% j y /J A S d Ivi 'r S �i%' �llu d j�L*' . - See page 2 for additional information - This information is available in alternate format by calling our ADA Coordinator at (617) 5746172. 436 Dwight Street • Springfield, Massachusetts 01103 -1317 • FAX (413) 784 -1149 • TDD (413) 746 -6620 • Telephone (413) 7841100 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Other Regulatory Jurisdiction: * *awl woo t✓. _ Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. D. 401 Water Quality Certification (314 CMR 9.00) may be required. See below for further details: Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. Provided that the project meets the following conditions, summarized below from 310 CMR 9.03 and 9.04, and the conditions under the Corps of Engineers Programmatic General Permit for Massachusetts (PGP), the project qualifies for 401 Certification as certified under the PGP: a) activities are conducted in compliance with MGL c. 131, §40 (the Wetlands Protection Act) and the Final Order of Conditions permitting the activities does not result in the loss of more than 5,000 square feet cumulatively of bordering and isolated vegetated wetlands and Land Under Water and/or the dredging of more than 100 cubic yards of Land Under Water; b) the Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands pursuant to 310 CMR 10.55 (4)(b); C) The project is not listed in 314 CMR 9.04 (1) through (11) including: discharge of dredged or fill material to any Outstanding Resource Waters; any part of a subdivision unless deed restricted, so long as the discharge is not to an Outstanding Resource Water see 314 CMR 9.04 (3) and; d) The project does not include activities exempt from MGL c.131, s40 (except for normal maintenance and improvement of land in agricultural or aquacultural use); discharge of dredged or fill material to an isolated vegetated wetland designated as rare and endangered species habitat; loss of any salt marsh; activities subject to an individual 404 permit. Information and a copy of the PGP can be obtained from the Corps of Engineers at 1- 800 - 362 -4367. If impacts to resource areas or project size increased beyond that described in the Notice of Intent or there are discrepancies therein, you must notify the Department and request a determination that the criteria of 310 CMR 9.03 have been met before the activity may begin. Before the activity described in the Notice of Intent can commence, y must obtain a Water Quality Certification from this Regional Office. Please complete the enclosed 401 Water Quality ?Certification application form and file it with this Regional Office for Review. The applicant is advised to forward a copy of the application to the Army Corps of Engineers for review, at U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742 -2751. Your project involves dredging of greater than 100 cubic yards of Land Under Water. Please complete the enclosed 401 Water Quality Certification application form and submit to the Department of Environmental Protection, Wetlands and Waterways Program, One Winter Street, Boston, MA 02108. Call the Wetlands and Waterways Program at 617- 292 -5695 with any questions. The applicant is advised to forward a copy of the application to Army Corps of Engineers for review, at U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742 -2751. c " 7? , For more information please contact: j �� # s✓ L t� cc: Conservation Commission ( ) Natural Heritage and Endangered Species Program . Property Owner as listed in Notice of Intent ( ) U.S. Army Corps of Engineers Representative as listed in Notice of Intent ( ) DEP —Waterways Regulation Program ( ) Other: WHITE - APPLICANT YELLOW -OWNER PINK - CONSERVATION COD^RSSION GOLD - FILE \..i PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON Cit,v Hall • 2 i o Main Street, Room ii • Nortljamptcm MA o i o60 -3 1 98 • 14131587 -1266 • E=5 waNne Peiden, Director -ema it: plan ning @cit2q.nortbampton.ma.us - internet :wwwnortbamptonplanning.org PUBLIC HEARING NOTICE The Northampton Conservation Commission will conduct a meeting on Monday, September 11, 2000 at 7:00 P.M. in Hearing Room 18, City Hall, 210 Main Street, Northampton, at which time Public Hearings will be conducted on the following, as required under M.G.L. Chapter 131, Section 40, The Wetlands Protection Act and Chapter 24 of the City of Northampton's Ordinances, Wetlands Protection 7:30 P.M. - Public Hearing on a Notice of Intent filed by the Northampton Department of Public Works for the maintenance and repair of two sections of armored bank along the Mill River located on Federal Street and River Road to prevent exposure of a sewage line. Resource areas to be affected by the project include 315 linear feet of bank, land under water, 100 -year floodplain, buffer zone of Bordering Vegetated Wetland, and Riverfront Area. 7:45 P.M. - Public Hearing on a Request for Determination filed by The Trustees of The Smith College for the reconstruction of the West Street Parking Lot on the Smith College campus, also known as Assessor's Map 38A, Parcel 61. Work will take place within Bordering Land Subject to Flooding. 8:00 P.M. - Public Hearing on a Notice of Intent filed by Elizabeth Kilduff and Kathleen Anderson for the restoration of a section of the bank of the Mill River for property located at 50 Water Street, also known as Assessor's Map 10B, Parcel 78. Work will include rebuilding the stone face of the bank where erosive action by the River has undercut it, removing invasive alien plants, and replanting native vegetation, and will entail impacts to Bank, buffer zone, and Riverfront Area. 8:00 P.M. - Public Hearing on a Notice of Intent filed by Mary Hulbert and Anne Morehouse for the restoration of a section of the bank of the Mill River for property located at 54 Water Street, also known as Assessor's Map 10B, Parcel 79. Work will include rebuilding the stone face of the bank where erosive action by the River has undercut it, removing invasive alien plants, and replanting native vegetation, and will entail impacts to Bank, buffer zone, and Riverfront Area. 8:20 P.M. - Public Hearing on a Notice of Intent filed by the City of Northampton for the construction of a seventy -six (76) space Park -N -Ride facility with associated ADA accessible walkways, stormwater drainage system, tree plantings, and a new entrance /egress on Old Ferry Road at the Sheldon Field Recreation Area, located on the corner of Bridge Street and Old Ferry Road, also known as Assessor's Map 25C, Parcel 84. Work will take place within the 100 -year floodplain of the Connecticut River. PUBLISH: September 2 , 2000 BILL: Northampton Conservation Commission, c/o Office of Planning and Development planning board - conservation commission - zoning board of appeals - h ousing partnership - redevelopment a"thorits - northampton GIS economicdevelopment - commun its development - historicdistrictcommission - historicaI commission -central business architecture original printed o" rec�)cfed paper '..� "NEVI ENGLAND EN RONMENTAL, INC. Environmental Consulting Services 800 Main Street Um Amherst, MA 01002 (413) 256 -0202 FAX (413) 256 -1092 August 2, 2000 Northampton Conservation Commission City Hall — 210 Main Street Northampton, MA 01060 RE: Notice of Intent Bank Repair at 54 Water Street, Leeds NEE File 00 -1741 Dear Members of the Commission: Enclosed please find nine copies of a Notice of Intent for Mary Hulbert and Ann Morehouse to repair the riprap Bank and place some additional stone for a patio in the lawn behind their house at 54 Water Street in Leeds. This project is being filed under the Massachusetts Wetlands Protection Act and the City of Northampton Wetland Ordinance. The proposed work is on the Bank, within the 100 foot Buffer Zone of the Bank, and within the Riverfront of the Mill River. The filing fee for this project is calculated as follows: the category 1(d) (resource improvement) fee is $55.00. To this is added another 50% for work within the Riverfront, for a total project fee of $82.50. $53.75 is the city share, and $28.75 has been sent to the Commonwealth of Massachusetts, DEP Lock Box in Boston. An additional municipal fee of $35.00 has been added to the city check, for a sum of $88.75. Copies of the checks follow the Notice of Intent form. Thank you for reviewing the Notice of intent for this project. Please contact our office if you would like to schedule a site visit prior to the public hearing for this project. Sincerely yours, New England Environmental, Inc. Michel J. Marcus Bruce Griffin Senior Scientist Associate Scientist Principal cc: Department of Environmental Protection, Western Regional Office 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 i DEP File Number: Provided by DEP Northampton Town A. General Information '- 1. Applicant: Mary Hulbert and Anne Morehouse Name E -Mail Address (if applicable) ` 54 Water Street Mailing Address Leeds MA 01053 _ Cityrrown State Zip Code (413) 586 -0506 Phone Number Fax Number (if applicable) 2. Representative (if any): New England Environmental, Inc. Firm — Michael J Marcus mmarcus@neeinc.com Contact Name E -Mail Address (if applicable) 800 Main Street _ Mailing Address Amherst MA 01002 Cityrrown State Zip Code 413 256 -0202 413 256 -1092 _ Phone Number Fax Number (if applicable) 3. Property Owner (if different from applicant): — same Name Mailing Address Cityrrown State Zip Code _ 4. Total Fee: $53.75 City of Northampton $28.75 Commonwealth of Massachusetts (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: 54 Water Street Leeds, MA Street Address Cityrrown 10B Lot 79 Assessors Map/Plat Number Parcel /Lot Number _ 6. Registry of Deeds: Hampshire 2654 156 County Book Page ._ N/A Certificate (if Registered Land) y , Massachusetts Department of Environmental Protection r � Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i DEP File Number: Provided by DEP Northampton Town A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? approximately 160 square feet ❑ No 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.) Bank 32 linear feet Riverfront 160 square feet B. Project Description 1. General Project Description: This project consists of the restoration of a section of the Bank of the Mill Rive The stone face of the Bank will be rebuilt where erosive action by the River has undercut it. As part of the same project invasive alien plants will be removed and native vegetation replante 2. Plan and /or Map References: ._ Proposed Section: Mill River Bank July 14, 2000 Title Date Site Plan of Land at 50 & 54 Water Street July 19, 2000 Title Date Massachusetts Department of Environmental Protection y Bureau of Resource Protection - Wetlands -: WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP Northampton 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 Coastal Resource Areas ® Inland Bank ❑ Coastal Beach ❑ Barrier Beach ❑ Bordering Vegetated Wetland (BVW) ❑ 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: Bordering Land Subject to Flooding: N/A N/A Square Feet altered Square Feet replaced Land Under Water Bodies: N/A Square Feet altered Cubic Yards dredged Bank: 30 feet Linear Feet altered Coastal Resource Areas: Coastal Dune: N/A Square Feet altered N/A Cubic Yards/Volume removed Salt Marsh: N/A Square Feet altered Coastal Bank: N/A Linear Feet altered w Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Isolated Land Subject to Flooding: N/A Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Land Under Salt Pond: N/A Square Feet altered N/A Cubic Yards dredged Rocky Intertidal Zone: N/A Square Feet altered Designated Port Area: N/A Square Feet alter \"W `ter/ 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 DEP File Number: Provided by DEP Northampton Town C. Activities Subject to Regulations (cont.) Fish Run: N/A Linear Feet altered Land Subject to Coastal Storm Flowage: WA Square Feet altered Land Under Ocean: Square Feet altered N/A Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): Mill River Land Containing Shellfish: N/A Square Feet altered Beach: N/A 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: Toy of bank. — d. Distance of proposed activity closest to the Mean Annual High -Water line: The project is within the limits of the Mean Annual High -Water Line or immediately adjacent to it. Feet e. Total area of Riverfront Area on the site of the proposed project: The whole property, with the exception of the Bank is within the Riverfront Area. Square Feet f. Proposed alteration of the Riverfront Area: ._ 160 160 0 Total Square Feet Square Feet within 100 ft. Square Feet between 100 R and 200 ft. Massachusetts Department of Environmental Protection .. Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP Northampton 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 2000 -2001 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): N 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 N No tir .N/ y : 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 U` DEP File Number: Provided by DEP Northampton 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: 310 CMR 10.53(4): "projects which will improve the natural capacity of a resource area to protect the interests identified in M.G.L. c.131, 40" ❑ No 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: ® No 3 a. Is the project located in the Riverfront Area? ® Yes If yes, indicate the proposec ❑ No ❑ Single Family House ❑ Residential Subdivision ❑ Transportation I project purpose: ❑ Industrial Development ❑ Commercial Development ® Other (describe) Repair of a degraded Bank. 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? �— ® Yes If yes, explain why the project is exempt: Single- family house projects are exempt. '— If no, stormwater management measures are required. Applicants are ❑ No encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. 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 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: 3(.Fo 1 , 31 $ t a 496 aaoo Check Nurhber Check date New England Environmental Elizabeth Kilduff & K. Anderson Payer name on check Applicant name (if different from payer) 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 at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). 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 ceipt quested) to all abutters within 100 feet of the property line of the project location. 1 u V 6 Z C Si re of Applicant Dat Signature of Property Owner (if different) Date SignaYfRepresental: ' - Dat 5 — 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 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: 3(.Fo 1 , 31 $ t a 496 aaoo Check Nurhber Check date New England Environmental Elizabeth Kilduff & K. Anderson Payer name on check Applicant name (if different from payer) 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 at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). 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 ceipt quested) to all abutters within 100 feet of the property line of the project location. 1 u V 6 Z C Si re of Applicant Dat Signature of Property Owner (if different) Date SignaYfRepresental: ' - Dat Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent g Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 — DEP File Number: Provided by DEP Northampton Town G. Signatures and Submittal Requirements (cont.) _ For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two _ copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office (see Appendix A) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. _ The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. sm 'ft.� +/ NEW ENGLAND ENVIRONMENTAL, INC. sm sm INTRODUCTION This Notice of Intent proposes to rebuild and restore a section of an eroding rip rap bank of the Mill River. Winter ice scouring and undercutting by peak spring flows have degraded the '— stability of the Bank, and further erosion is likely without restoration. The very narrow distance between the existing barn and the river bank is the primary reason for initiating the bank restoration work at this time. It is feared that the unstable bank conditions will erode into the structural support of the barn if the bank is not repaired. The plan which is described in this Notice of Intent proposes removal of invasive exotic vegetation along the top of the bank, _ rebuilding of the armored stone surface of the Bank, and planting of.native vegetation. No new work is proposed, no new fill or expansion of the bank is proposed, and no alteration of Bordering Vegetated Wetland is proposed. This project is a maintenance project to repair an eroded section of stone rip -rap, with additional stone rip rap to prevent bank scouring and erosion. We are providing a planting plan to install native wetland vegetation on and adjacent to the bank area. As part of this application, it is also proposed to install an area of native stone for a patio surface of approximately 14' diameter, in the lawn area near the barn, within the Riverfront. SITE DESCRIPTION The eastern edge of the lot at #54 Water Street in Leeds borders on the Mill River. The back yard of this property is a gently sloping mown lawn with garden spaces and a few trees. A small barn stands in the northeast corner of the lot (see Site Plan). Trees, shrubs, and coarse herbaceous growth grow in a narrow fringe area adjacent to the River. Soils are mapped as Hinckley loamy sand, a coarse - textured and excessively drained soil, which is typically loose and unstructured. Observations during a site visit confirmed that the soil is consistent with the '— mapped characterization. DESCRIPTION OF WETLANDS New England Environmental, Inc., (NEE) completed the wetlands delineation at 450 Water Street on July 12, 2000. The following resource areas are in the vicinity of the proposed work: ► Bank ► Land Under Water ► Bordering Land Subject to Flooding ► Riverfront The Land Under Water is in the Mill River. There is no associated Bordering Vegetated Wetland beyond the Bank, due to height of the Bank and the droughty nature of the soil. No other wetland Notice of Intent for 54 Water Street Bank Restoration Page I NEW ENGLAND ENVIRONMENTAL, INC. sm Now resource areas are present at this site. There are no areas of Estimated Habitat of Rare Wildlife according to the Massachusetts Natural Heritage Atlas, 2000 -2001 Edition, Easthampton Quad (see Figure 2). '— Bank The Bank of the Mill River at the back of this property is a steep slope armored with stone with '— an average diameter of 18 " -24 ". The height of the top of slope above an early summer water level varied from 2' to 4'. In the section which is degraded, undercutting at the toe of the slope _ has caused some of the stones to tumble down to the river bottom, and surrounding soil and stones are loosened and eroding downward. There are trees and scattered shrubs in the Bank. The degraded section and the area above it has a patch of Japanese Knotweed (Polygonum cuspidatum). Another invasive alien found in this area is Asiatic Bittersweet (Celastrus orbiculatis). Native plants growing on the Bank include American Elm (Ultnus americana), Gray Birch (Betula populifolia), Sensitive Fern (Onoclea sensibilis), Virginia Creeper (Parthenocissus quinquefolia), various asters, Clearweed (Pilea pumila), Deertongue (Panicum clandestinum), Tall Goldenrod (Solidago canadensis), and spring- flowering violets (Viola spp.). Bordering Land Subject to Flooding and Riverfront The Flood Insurance Rate Map for the Town of Northampton shows that part of the Lot is within the 100 year floodplain, and is therefore Bordering Land Subject to Flooding. (See Figure 3.) As the depth of the lot is less than 200', the whole lot is within the Riverfront of the Mill River. A local Watershed Protection area also covers the back portion of the property. All these resource areas on this lot are developed residential land with buildings, mowed lawn, and gardens. The proposed work will take place within the confines of the Bank, except to the extent that patches of alien vegetation have spread to adjacent areas and will be removed, and subsequent replanting will be required to stabilize these areas. PROJECT DESCRIPTION The purpose of the proposed work is the repair of the rock face of a destabilized section of the Bank of the Mill River behind 454 Water Street. The goal is to restore the integrity of the Bank so that it will be better able to resist erosive action by the River, thereby preventing soil erosion into the River and destabilization of neighboring stretches of Bank. A secondary goal is the replacement of invasive alien plants on and adjacent to the Bank with appropriate native plants. These plantings will also help stabilize the rebuilt Bank. Notice of Intent for 54 Water Street Bank Restoration Page 2 sm NEW ENGLAND ENVIRONMENTAL, INC. sm The total length of Bank repair on this project is 32 linear feet in front of the barn. This is less than the 50 foot Bank performance standard for Bank wildlife habitat; however, since this bank is presently stone rip -rap, it is presumed not to have "important" wildlife habitat attributes. Proposed Sequence of Work 1) Clear and remove invasive exotic vegetation from the bank area 2) Cut unstable and leaning trees and remove these from the property. Those trees which are in the bank restoration area and which are stable, have been flagged in the field to be left uncut. 3) Replace and rebuild stone rip rap bank using 18 " -24" stone. Fill undercut bank with smaller stone. Align stone to match the adjacent faces. 4) Replant with native trees and shrubs; seed and mulch exposed soil. (See Figure 4 for planting plan). These will include 20 Silky Dogwood (Corpus amomum) and 38 Pussy Willow (Salix discolor). 5) Seed any disturbed riverbank/yard area with a native seed mix as specified below: Seed Mix for Disturbed Bank area along Mill River SPECIES PERCENT Tioga Deertongue (Panicum clandestinum) 22 Creeping Red Fescue (Festuca rubra) 15 Switchgrass (Panicum virgatum) 10 Virginia Wild Rye (Elymus virginicus) 10 Fowl Bluegrass (Poa palustris) 10 Creeping Bentgrass (Agrostis stolonifera) 7.5 Riverbank Wild Rye (Elymus riparius) 7 Partridge Pea (Chamaecrista fasciculata) 5 Canada Wild -rye (Elymus canadensis) 5 Fox Sedge (Carex vulpinoidea) 3 Notice of Intent for 54 Water Street Bank Restoration Page 3 sm s4w� -*Mai' NEW ENGLAND ENVIRONMENTAL, INC. am Seed Mix for Disturbed Bank area along Mill River Blue Vervain (Verbena hastata) 2 Canada Goldenrod (Solidago canadensis) I Grass - leaved Goldenrod (Euthamia graminifolia) I Joe -Pye Weed (Eupatorium fistulosum) 0.5 Boneset (Eupatorium perfoliatum) 0.5 Flat -top Aster (Aster umbellatus) 0.5 Timing ` Work will be performed as soon as the Order of Conditions is issued by the Northampton Conservation Commission. Ideally, the work will take place during periods of low water flow in late summer /early fall. It is the goal of this project to repair the bank prior to the winter when erosion and bank scouring is most severe. Planting of native vegetation will then be timed to take advantage of cooler, wetter fall weather to establish healthy root systems before winter. FEES The activity fee for Category 1(d) (resource improvement) is $55.00. To this is added another 50% for work within the Riverfront, for a total project fee of $82.50. $60.00 is the city share, and $22.50 has been sent to the DEP lockbox. An additional municipal fee of $35.00 has been added to the city check, for a sum of $95.00. Copies of the checks follow the Notice of Intent form. SUMMARY The proposed project at 454 Water Street consists of the maintenance rebuilding an existing rock - covered slope which is part of the Bank of the Mill River, and is also within the Riverfront and Bordering Land Subject to Flooding. As part of the same operation, invasive alien vegetation would be removed and replaced by native plants. In the near future, a small 14' diameter patio surface of native rock will be set at grade in the Riverfront next to the barn. There will be no expansion of the existing bank rip rap, no alteration of flood storage, and no alteration of Bordering Vegetated Wetland. Notice of Intent for 54 Water Street Bank Restoration Page 4