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
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NORTH COUNTRY LANDSCAPES
FACSIMILE TRANSMITTAL SHEET
TO: J FROM:
FAX NUMBER: DATE:
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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:
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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
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FAX NUMBER: DATE:
dal le � live I/
COMPANY: TOTAL NO. OF PAGES INCLUDING COVER.
PHONE, NU MB ER: Address
RE: REFERENCE TO:
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NOTES/COMNEENTS:
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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