The URL can be used to link to this page

10B-081 260 Main Street Con Com 246-0586RETAINING WALL AND / . • � � \ � ' / CHAIN LINK FENCE / • ' / • • I \✓ / • U ) / / \ MEAN •ANNUAL HIGH WAR BOUNDARY MI�� 000 R/ / HAY BALE AND SILT BITUMINOUS WALK \\ FENCE BARRIER & LIMIT OF WORK ZONE p EXISTING TREES G , TO BE REMOVED 1REE 6 0 AREA OF UST REMOVAL 2 AND REPLACEMENT , 100 FOOT RIVERFRONT AREA BOUNDARY mom FIGURE 4 0 \ � / PROPOSED WORI / MARKEN AND RIVER VALLE 260 MAIN STRI LEEDS, MASSACHI TIGHE & BOND CONSULTIN - / WESTFIELD, MASSACH / SCALE: 1"=2(Y N0601 \SITEPLAN ..__ N 4q l �{ , t 7i t/�'1 T j , •� , �� \ ` 1A .c `C ».... CURB r ' J COAri NMM. !tea J J 1 i t I 'At4. IS - -� IMM NA�.K NT - --- I I • I w � v r A l G dq d.11N �.: W I `r Y M r- �: ale. ►r T t T`( _ '°�! C-& I F ,L NAM c c c M M c N - NA#A G A �- SCILf^U`? AN=A1 (A6,PLI - -' GaLWCOP;dN PVkWATAiM xt (I.wl ,. ***1 100 FOOT BUFFER ZONE WAIIrs t ol vowl p*46 ro �' `' Fo"'Tuyk ..NawY 1:0vor Rr-*Yj -4' ` G HA1_U f1. �rc�r�w -+na Mut �w,rvlCL NCT L z&rr !.'_ 7' r :rL (i [c 12�•1►1•J Plvtlit.�t► Ft p'•�wrrt� p' Icy' -1 r�t+�� _ � � _ I'9 _ JUIJ IPf�ICU'� Gw1UG1��?17 I .0000000 Ir TLGIt Il1N IPr,g. 40 MtrL w It t — hC DCTAL xtit 3 y+' • 1'•o' ,fir 1 i DougLos Haring, A-LA. - �*O 1 It= It"m ftefto N - I 1 .1 ft am MI'1>111 rM�Illl VI►A.:�! A�fc -4 ,lie 1 ..111 °- / A '+Ro. w"T • Y Scanned Digitized - Checked Aghe&Bond Consulting 1, ngi veers Eriviron]nental Specialists N- 601 -1 -82 May 9, 2006 Northampton Conservation Commission Office of Planning and Development City Hall, Room 11 210 Main Street Northampton, MA 01060 Re: Notice of Intent 260 Main Street, Leeds No 2. Fuel Oil Underground Storage Tank Removal and Replacement Project Dear Commissioners: On behalf of Marken and River Valley Properties, Inc(Marken), oa N i hBnd underground th Notice of Intent (NOI) for removal and replace f 2 fuel er ies of storage tank (UST) at their property located at 260 Main Street in Leeds. Nine (9) p this NOI are being submitted to the Commission P s r (310 CMR Protection Act (M.G.L. Ch. 131, Section 40) and implementing regulations WPA Form 3 is provided in 10.00) and Northampton Code of Ordinances (Chapter 24). Appendix A. A Site Locus, DEP Priority Resource Area Map, Federal Emergency Management Agency (FEMA) Map, Existing Conditions Plan and Proposed Work Plan are provided in Appendix B. Site Photographs are provided in Appendix C. Project Descriptio As part of renovations of the 260 Main Street UST, o ve and which fuels the building's ng'ss h ati gsystem. replace an existing 6,000 gallon No. 2 fuel oil UST, The UST is located adjacent to the northeast corner of the building in the location shown on Photograph 1 in Appendix C. Using an excavator, regulations. existing s removed and will be disposed of in accordance with applicable local an g ula ons temporarily stockpiled in a secure manner on site in the lawn area north of the building or from the directly loaded onto trucks. Soils not suitable as during the removal of be UST o provide site. A Tighe & Bond field scientist will be pres ent g assessment of subsurface conditions in accordance with the Massachusetts Department of Environmental Protection UST Closure Assessment Manual (DEP Policy # WSC- 402 -96). 53 Sol it Rouurl • �Nc °si(tc�1c1. OIO�5 • 7ci. X13 562 lEiO() • t'nx. }13 - 56 2 -5 i �� tu, t iyl tc�!ionel.cont • Jighe&Bond Consulting Engineers F,nvironmental Specialists Resource Areas The site is located at 260 Main Street (Map lOB, Conditions Plan, resource areas present within or following: Riverfront Area of the Mill River Bordering Land Subject to Flooding (BLSF) Lot 081). As shown on the Existing adjacent to the project area include the Proposed UST removal and replacement activities will occur within the Riverfront Area within the 100 foot Inner Riparian Area (see Photograph ) The FEMA Flood Insurance Rate Map (Community Panel No. 250167 0001A effective date April 3, 1978) for the City of Northampton, Massachusetts indicates that the 100 -year flood feet above mean sea level elevation in the vicinity of the project area is app benchmark at the southwest t abutment of the (msl). According to the FEMA Map, an elevation Mulberry Street Bridge, which is similar in elevation to the project area is at elevation 348 msl, indicating the work is outside the BLSF boundar NHESP Considerations project site is not located in a mapped ro As shown on the DEP Priority Resource Area Map, the p Natural Heritage and Endangered Species Progra ar Wildl H SP) Priority Habitat of State - Protected Rare Species or Estimated Habitat for Resource Area Impa Excavated soils will be temporarily stockpiled on site in the lawn area north of the building or directly loaded onto trucks. Following removal and replacement of the UST, hardscaped areas will be restored in kind and disturbed lawn areas will be loaned and seeded. However, due to trees, including two medium sized white pine their proximity to the existing UST, three (3) will need to be removed. To replace the trees (Pinus strobus) as shown on Photograph (3) functions and values of these trees, five (5) red cedar (Juniperus virginiana) trees will be planted along the fence line, north of building. _ Alternatives Analysis Based on the nature of the proposed project and the location of the UST and existing heating _ infrastructure in relation to the building, there are no Practical and Substantially Equivalent Alternatives for the project as defined under 310 CMR 10.58 (4)(c). Furthermore, the replacement of the existing UST with a new tank with modern spill containment and alarm technologies will provide significant protection against a potential release of oil that could threaten the environment, given the proximity of the UST to the Mill River. -2- ('„ ;trial ; rnt,,i n,� r,eyc:ed paper • Jighe&Bond Consulting Engineers Environmental Specialists Mitigation Measure Prior to commencement of the work, a hay bale and silt fence barrier will be installed north of the building, as shown in Tighe & Bonds standard detail in Appendix B in the location shown on the Proposed Work Plan to prevent migration soils/deris x rh will backfiled, demarcate the limit of work. Following the insta llation graded, loamed and seeded. Summary and Conclus The City of Northampton Wetlands Filing Fee of $367.50 and recording fee of $75.00 have been included with this submittal and a copy of this submittal has been forwarded to the Department of Environmental Protection. If you wish to schedule a site inspection, or if you have any questions regarding this submittal, please contact Kurt I. Nelson at (413) 572 -3255. Very truly yours, TIGHE & BOND, INC. Paul G. Beaulieu, LSP, PWS Manager, Environmental Services J:\N\N0601\N601N Enclosures Copy: Bob Arnold, Marken and River Valley Properties, Inc. (w/ encl) MADEP WERO, Division of Wetlands and Waterways (w/ encl) -3- +� l Consulting Engineers Environmental Specialists LIST OF APPENDICES Appendix A City of Northampton Wetlands Application WPA Form 3 NOI Fee Transmittal Form Appendix B Figures, Plans and Details Appendix C Site Photographs Appendix D Abutters List Ori�7�n�a Pnr. �d u�r rec'Ucr'ed paper • Ci ty of Northampton -- Wetlands Application This form is required for all applications filed under the Northamp Wet o Ordinance File with the Office of Planning and Development, 210 Main Street, Northampton, We recommend applicants consult with the Land Use and Conservation Planner (587 -1263) before applying 1. Check what kind of permit you are requesting Request for Determination of Applicability (WPA form 1) [Notice of Intent (WPA form 3 or 4) E] Abbreviated Notice of Resource Area Delineation (WPA form 4A) 2. Property Street Address: 26 0 M U-4 ST L- 3. Assessors' Map and Parcel: tt9 E2 Second lot (if any) Map and Parcel(s): 0 81 Additional property description: 4. Check the items enclosed. Your application will not be accepted if any items are missing. !� he appropriate completed Massachusetts DEP application www mass gov /dep /brp /ww /wwf X completed versions of this Wetlands Application 2" Nine (9) copies of the fully completed and collated application packages (forms, plans and attachments) Wy�All plans folded (not rolled) and collated with each application packet Q� For Notice of Intent applications only, the following: Check to "City of Northampton" for the municipal share calculated from state Wetland Fee Transmittal Form PLUS $105; _ eparate $75.00 check to "Commonwealth of Massachusetts" for the Registry of Deeds recording fee; [� [ An abutters list of all property owners within at least 100 feet of the property line of your project. Abutters lists may be generated at www.Noi-thamptonMA.gov/ (click on Database: Abutters, _ Permits and Historic). Computers are available at City Hall, Forbes and Lilly Libraries. alA ❑ For Request for Determination applications, a check to the "City of Northampton" for $85.00. N14 ❑ For Notice of Resource Area Delineation applications, a check "City of Northampton" for plus a separate check for $75.00 to "Commonwealth of Massachusett s" for the Registry of Deeds recording fee. A #10 business envelope addressed to the applicant. 5. Provide an Existing Conditions Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements, with a reason for the waiver request. O Boundary of entire lot and notation of lot area Context of adjacent lots, if necessary to show extent of wetland/Riverfront Area ❑ Numbered wetland flags 1 v1 ❑ Existing and potential vernal pools /vfA❑.�, / 50' AND 100' wetland buffer I�NMean Annual High Water line, for Riverfront Area permits �i 100' inner riparian zone AND 200' outer riparian zone, for Riverfront Area permits xisting structures, impervious surfaces (ie: pavement, gravel) and lawn areas V Edge of vegetation accurately measured or surveyed Significant (8 "+ Diameter Breast Height) trees within the limit of work area that are also within the 200' Riverfront Area, Bordering Vegetated Wetland, or 100' wetland buffer ❑ 2' contours W14 L3 Elevations in feet (not meters), for projects within the floodplain n 11A ❑ Zoning setbacks ❑ 1:20 scale, if possible 6. If new work is proposed, provide a Proposed Site Plan. Check the items shown on that plan. You may request a waiver from submittal requirements, with a reason for the waiver request. L`9 ading/proposed new contours Ly Hardscape 0e: footprint of house, driveway, walkways, terraces, etc...) 2( Any removal of vegetation and significant trees within the Riverfront Area, wetland and buffer 61""Landscaping and plantings within the Riverfront Area, wetland and wetland buffer W1d ocation of erosion control barrier LX of work line L Utility lines MIA ❑ Stormwater Management Form (use DEP form www mass Uov /den /brp /ww �� /w for if required „/lA ❑ Wildlife assessment if the site is in a habitat resource area based on NHESP maps, Northampton Potential f nd Certified Veinal Pools Map or otherwise required by the Act or Ordinance. l,d At the same scale as the Existing Conditions Site Plan IVIA ❑ For new homes in the Riverfront Area only, documentation of the date the lot was recorded. 7. We have provided and requested information and believe and understand that (initial each item below): Application deadline is one calendar month prior to a public hearing. If the application Js uJcv11iN waivers are requested, however, the public hearing may be delayed; We will check for the date and time of our public hearing at www.NorthamptonMA. ,go or in the Daily Hampshire Gazette Legal Ads section. Such notice is posted seven days prior to the public hearing; The Conservation Commission may request an alternatives analysis for work proposed within the buffer _ zone of a wetland; property; The Conservation Commission and their representatives have permission to enter the ents and plans submitted are All docum in the public domain and may be copied freely in any form; and Order of Resource Area Delineations at the Hampshire The City will record Orders of Conditions and nty Registry of Deeds. 8 COMPLETE ONLY IF APPLYING FOR A NOTICE OF INTENT or ABBREVIATED NOTICE OF RESOURCE ARE DELINEATION: , VW�6 We certify under the pains and penalties of perjury, that PRIOR to filing this application all abutters were notified of this application pursuant to the requirements of M.G.L. c. 131 § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. to A A _+ paea/b0J& - S, /Aw; Applicant (print or type): �`�� Applicant Signatu D /Wv /� •� Address: ��,`,� /�L1y1Lir/11� Applicant Phone: � � � Owner (print or type): Owner Signature: Owner Phone:_ Address: The Northampton Conservation Room 18 located on the 2 ay meets floorof City Hall, Main of each month in Hearing n Street Page 2 of 2 • Northampton Wetland Permitting Submittal Requirement Waiver Request 260 Main Street, Leeds 1. Numbered Wetland Flags — the MAHW boundary was not flagged to do inaccessibility of the resource area. The edge of resource area is accurately inferred based on interpretation of the aerial orthophotograph of the site. 2. 2' Contours — Grades in the proposed work area are essentially flat. The project does involve any significant change in grades. 3. 1:20 Scale — Due to resolution limitations in the orthophotograph, the Existing Conditions Plan could not be produced at this scale. Provided by DEP: eartment of Environmental ProtL__ Massachusetts Protection - Wetlands DEP File Number Bureau of Resource WPA Form 3 — Notice of intent — Document TransacbonNumber Wetlands Protection Act M.G.L. c. 131, §40 Northampton Massachusetts City/Town Im portant: A. General Information When filling out forms on the Location (Note: electronic filers will click on button for GIS locator computer, use 1. Project 01053 -9702 only the tab key to move your Northampton 260 Main Street b. City/Town c. Zip Code cursor - do not a. Street Address - 72.700736 42.35318 use the return key. Latitude and Longitude: d. Latitude e. Longitude Lot 081 reb Mao 10B g. Parcel /Lot Number f. Assessors Map /Plat Number -._ � 2. Applicant: M arken and River Valley Prope rties, Inc. Herb Berezin b. Last Name c. Company a. First Name 667 Main Street Note: Before d. Mailing Address MA 01040 completing this Holyoke g. Zip Code f. State form consult e. City/Town your local Conservation (413) 539 -9500 (413) 536 -7230 i. Fax Number j. Email address Commission h. Phone Number regarding any different from applicant): ❑ Check if more than one owner municipal bylaw 3 Property owner (if or ordinance. a. First Name b. Last Name c. Company d. Mailing Address f. State g. Zip Code e. City/Town h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Tighe & Bond a. Firm Nelson Kurt c. Contact Person Last Name b. Contact Person First Name 53 Southampton Road d. Mailing Address MA 01085 Northam ton f. State g. Zip Code e. City/Town nelson ti hebond.com (413) 572 -3255 (413) 568 -9764 ki Email h. Phone Number i. Fax Number J. address Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 5. b. State Fee Paid c. City/Town Fee Paid _ a. Total Fee Paid 6. General Project Description: -- Underground storage tank remvoal and replacement - see attached project narrative - Page 1 of 7 wpaform3.doc • rev. 3/29/05 Massachusetts I ftartment of Environmental Protc.- ...ion Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home c. ❑ Limited Project Driveway Crossing e. ❑ Dock /Pier g. ❑ Coastal Engineering Structure i. ❑ Transportation 8. Property recorded at the Registry of Deeds for: Hampshire a. County 140 c. Book b ❑ Residential Subdivision d. ® Commercial /Industrial f. ❑ Utilities h. ❑ Agriculture — cranberries, forestry j. ❑ Other 1814 b. Page Number d. Certificate # (if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑Yes b. ®No or Request for Determination of Applicability may be filed for work within the If yes, e Notice of Intent of foot -wide area Resource Area D Delineation, the Buffer ion, oroan along the resource area during the Order, or until the applicant receives e Certificate of of D Y Compliance, whichever is later. 10. Buffer Zone Only - Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑ Yes - answer 11 below, then skip to Section C. b. ® No - skip to Section B. 11. Buffer Zone Setback — For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d. linear feet Page 2 of 7 wpaform3.doc . rev. 3/29/05 Provided .by Massachusetts *artment of Environmental Prote.- ,on DEP: Bureau of Resource Protection - Wetlands YEP File Number' WPA Form 3 — Notice of Intent DocumentTransaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing 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. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a . ❑ Bank b. ❑ Bordering Vegetated Wetland c . ❑ Land Under Waterbodies and Waterways d. ❑ Bordering Land Subject to Flooding 1. linear feet 1. square feet 1. square feet 3. cubic yards dredged 1. square feet 3. cubic feet of flood storage lost 1. square feet 2. cubic feet of flood storage lost hAill R iver 2. linear feet 2. square feet 2, square feet e . ❑ Isolated Land Subject to Flooding 2. square feet 4. cubic feet of flood storage replaced 3. cubic feet of flood storage replaced f. ® Riverfront area 1. Name of Waterway (if available) 1. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ® 200 ft. - All other projects 24,000 (approx) 2. Total area of Riverfront Area on the site of the proposed project: Square Feet 3. Proposed alteration of the Riverfront Area: 500 sq ft. (temporary) 500 sq. ft (temporary) a. Total Square Feet b. Square Feet within 100 ft. c. Square Feet between 100 ft. and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ® Yes ❑ No 5. Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes ❑ No Page 3 of 7 wpaform3.doc • rev. 3129/05 _ Massachusetts oartment of Environmental Prote _ an Bureau of Resource Protection - Wetlands c WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the for of the resource areas altered, including project will meet all performance standards each of alternative project design or location. standards requiring consideration Online Users: Resource Area Size of Proposed Alteration Proposed Replacement (if an Include your document a ❑ Designated Port Areas Indicate size under Land Under the Ocean, below transaction number b ❑ Land Under the Ocean 1. Square feet (provided on your receipt page) with all 2. Cubic yards dredged Indicate size under Coastal Beaches and /or Coastal Dunes supplementary information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1. Square feet 2. Cubic yards beach nourishment e. ❑ Coastal Dunes 1. Square feet 2. Cubic yards dune nourishment f. ❑ Coastal Banks 1. Linear feet g . ❑ Rocky Intertidal Shores 1. Square feet h. ❑ Salt Marshes 1. Square feet 2. Sq ft restoration, rehab., or creation i. ❑ Land Under Salt Ponds 1. Square feet 2. Cubic yards dredged j, ❑ Land Containing 1. Square feet 2. Square feet restoration, rehab. Shellfish Indicate size under Coastal Banks, inland Bank, Land Under the k. F Fish Runs Ocean, and /or inland Land Under Waterbodies and Waterways, above 1. Cubic yards dredged i. ❑ Land Subject to Coastal 1. square feet Storm Flowage -- 3. Limited Project: 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? a. ❑ Yes ® No If yes, describe which limited project applies to this project: b. Limited Project — Page 4 of 7 wpaform3.doc • rev. 3/29/05 IL P DEP, rovided by Massachusetts a artment of Environmental Prok ,on _ Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent -Document Transaction Number? - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town - C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document 2. ❑ DEP BVW Field Data Form (attached) transaction number 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) (provided on your receipt page) with all a. ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50% or more wetland indicator plants submit to the Department. b. ❑ Saturated /inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects e ❑ Hydric soil indicators affecting other Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a MAHW Boundary, BLSF narrative 5. Other resource areas delineated: explaining how D. Other Applicable Standards and Requirements the resource area was delineated. 1. 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? a. ❑ Yes ® No 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 b. Date of Map 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? If yes, include proof of mailing or hand delivery of NOI to: a. ❑ Yes ❑ No Division of Marine Fisheries - Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 -- b. ® Not applicable – project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? -- If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP a. ❑ Yes ® No Website for ACEC locations). Note: electronic filers click on Website. b. ACEC Page 5 of 7 wpaform3.doc • rev. 3/29/05 E. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ® 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. (Electronic filers may omit this item.) 2. ® 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. 3. 4. 5. ❑ 6. F 7. ❑ 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 dates for all plans and other materials submitted with this NOI. If there is more than one property owner, please attach a list of these property owners not listed on this form. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. s. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc • rev. 3/29/05 Page 6 of 7 Massachusetts eartment of Environmental Protc _ on Provided by DEP' Bureau of Resource Protection - Wetlands DEP File Number, WPA Form 3 — Notice of Intent ( Document Transaction, Number' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 10 5)? document a. ❑ Yes F-1 No transaction number (provided on your receipt 5 Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page) with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: The project does not involve the creation of any new impervious surface E. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ® 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. (Electronic filers may omit this item.) 2. ® 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. 3. 4. 5. ❑ 6. F 7. ❑ 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 dates for all plans and other materials submitted with this NOI. If there is more than one property owner, please attach a list of these property owners not listed on this form. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. s. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc • rev. 3/29/05 Page 6 of 7 Massachusetts oartment of Environmental Prote.__.on Provided by DEP: Bureau of Resource Protection - Wetlands DEP Fite Number W PA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City/Town 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 NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: /a/Z 1. Municipal Check Number /6 Y 3. State Check Number zssw Iw&okw .44 /wwemnm 5. Pavor name on check: First Name fi / -06 2. Check date y6i / - o6 4. Check date 6. Payor name on check: La Nam 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). further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requireme s of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (return r ei request al butters within 100 feet of the property line of the project location. I / ►IL ignature of icant Date Sign of Property Ow er (if diff ) ,(S Date Sig ture of Representa ive (if any) Date 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 the NOI Wetland Fee Transmittal Form; and the city /town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office (see Instructions) by certified mail or hand delivery. (E- filers may submit these electronically.) Other: If the applicant has checked the "yes" box in any part of Section D, 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. wpaform3.doc • rev. 3/29/05 Page 7 of 7 - Ll M assachusetts eartment of Environmental Prote. _.)n Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information _ Important: When filling out forms on the 1. Applicant: computer, use Herb Berezin Marken and River Valley Inc. only the tab key to move a. First Name b. Last Name c. Company your cursor - 667 Main Street do not use the d. Mailing Address return key. Holyoke MA 01040 e. CityFrown f. State g. Zip Code ra 413- 539 -9500 h. Phone Number 2. Property Owner (if different): a. First Name b. Last Name c. Company d. Mailing Address e. CityFrown f. State g. Zip Code h. Phone Number 3. Project Location: 260 Main Street Northampton - a. Street Address b. CityFrown To calculate B. Fees filing fees, refer to the category Notice of Intent (Form 3) or Abbreviated Notice of Intent (Form 4): fee list and examples in the The fee should be calculated using the following six -step process and worksheet. Please see instructions for Instructions before filling out worksheet. filling out W Form 3 (Notice of Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and - Intent). buffer zone. Step 2 /Number of Activities: Identify the number of each type of activity. Step 3 /individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4 /Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be - multiplied by 1.5 and then added to the subtotal amount. Step 51Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6 /Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city /town share of the fee, divide the total fee in half and add $12.50. Wpaform3.doc • NOI Wetland Fee Transmittal Form • rev. 3/1/05 Page 1 of 2 Massachusetts eartment of Environmental Prote _ )n Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2 /Number Step Step 4 /Subtotal Activity of Activities 3 /Individual Fee Activity Fee Category 2j 1 $500.00 $500 Step 51Total Project Fee: 500 Step 6 /Fee Payments: Total Project Fee. $500.00 a. Total fee from Step 5 State share of filing fee. $237.50 b. 112 total fee less $12.50 City/Town share of filling fee: $262.50 c. 1/2 total fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city /town fee payment. c.) To DEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E- filers of Notices of Intent may submit these electronically.) Wpaform3_doc • NOI Wetland Fee Transmittal Form • rev. 3/1/05 Page 2 of 2 LEEDS VILLAGE APTS. ASS TES 1612 667 MAIN STREET United Cooperative Bank HOLYOKE, MA 01040 -5518 VOID AFTER SIX MONTHS 53-7202/2118 DATE: 04/11/06 Pay Exactly Three Hundred Sixty -Seven and 50/100 Dollars $367:50 To The CITY OF NORTHAMPTON Order Of nl Auth ized ign e 11'0000 L6L211 1: 2 L L a 7 2 0 2 7 1: 3 L 0 L 39 0911' To The COMMONWEALTH OF MASSACHUSETTS Order Of: AuthoIr 11 0 0000 L6 L1.,0 1 : 2 L L87 20 271: To The COMMONWEALTH OF MASSACHUSETTS Order Of: 11' L 6 L 311' 1 : 2 L L 7 20 2 7 1 : 3L OL39 0911' Authorized Sig ure 3L 0 L 39 0911' / - j4—l'� Y�,II ams � , 41 -rsn Cfub i i -- � � °`� �'�� "� f1 „`gip i�'t _ " � b'�� • � - f � ��' � ° � � � t S Cem Y u ffff If d / "' � .. WT SITE LOCATIO t'. ' •� 1x t ` , 1 « l < J l � .� ¢ Grove V, t `� p� e North an 1, ' t lub, . LOOK s r y ] 't MEMORIAL PARK T�� ;c 1 J •C - f i •�� — . '"r ?4 Pe!• y r� Mead" � Li _ , CIRCLES INDICATE 500 - FOOTAND 1/2 -MILE RADII. BASED ON USGS TOPOGRAPHIC MAPS FOR FIGURE 1 EASTHAMPTON & WILLIAMSBURG SITE LOCUS MASSACHUSETTS QUADRANGLES REVISED 1979 & 1990 RESPECTIVELY 10 -FOOT & 3 -METER CONTOUR INTERVAL RESPECTIVELY MARKEN AND RI MAIN ALL EETROPERTIES N LEEDS, MASSACHUSETTS Mass. W E S Tighe &Bond 4!2� d SCALE 1:25,000 MARCH 2006 V: \Projects \N \N0601 \usgs.mxd HA D IL � ��il �� _ O� � f� i� III � � v. � � w.�, ur MILLER HILL 0 < NORTH FARMS 9 M iz M � 0 6 • it /� r /� 1'' I �ta i '1� � `'' , " EADO S E I o �% FLORE 'IN, DATA VALID AS OF FEBRUARY 2006. CIRCLES INDICATE 500 -FOOT AND 1/2-MILE RADII. MassGIS -Iii!) NHESP 2003 Massachusetts C.,t&d Vernal Pools Non Potential Drinking Water Source Area Medium Yield FIGURE 2 Non Potential Drinking Water Source Area High Yield 0 Community Public Water Supply - Surface water Public Water Supply - Groundwater P tenbally Product— Medium Yeld Aquifer or DEP PRIORITY RESOURCE AREAS C, C ommlinty Potentially Produarm High Yield Aquifer 40 Non - Community Non-Transient PWS Pubic Surface Niter Supply (PSWS) Non - Community Transient PWS bmiteciAccess Hghmy EPA Designated Sole Source Aquifer Mufti-Lane Highway, NOT UnnifteclAccess DEP Approved Wellhead Protection Area (Zwe2) other Numbered Hwy N MARKEN AND RIVER VALLEY PROPERTIES Eq DIP interim Wellhead Poi Ame (WPA) Ma jor Road Connector Minor Street or Rb.c! 260 MAIN STREET Public Surface Niter Supply Protection Area (Z.neA) T-1 I ake Pond, Strearn or other Fresh Water Feature :Tra,l ene Town undary w E LEEDS, MASSACHUSETTS Bay Estuary or diner Sat Water Feature County Boundary Fresh Niter Non - Forested Wetland Train S Sat Water Wetiand P werline ztsfa ESP 2-!1 Pr% Habitats St""a-ProtedWil d Pipeline J, — Fed NH no . Habitats for Pare eaes etriL 7HVHa Sp aces P, ected ,J Recreational Open Space Aqueduct Major Drainage Basin T' he&Bond 1 9 -t Areas of Critical Environmental Concern (ACEC) Sub Drainage Basin Solid Waste Landfill ...... USGS Quadrangle Boundary de SCALE 1:25,000 MARCH 2006 ,u,,d)erW—,h""�,EM,n,erelS,e,,,,AI 'NHESP 2DDS Priority Habdatsfa, State- Protected Ram Species, NOT aq . nt Hbda as : A Halodatilfor Rafe Wild5ge For lJww0tlmMA= d R 9 ufta`o(31 M . NHESP 2DDSEstirnated • H: \n,vT nHU-4 Photograph 1: 260 Main Street, Leeds. Arrow points to approximate location of existing No. 2 fuel oil UST. Photograph 2: View facing south of Mill River resource area west of building. J: \N \N0601 \260 Main Street Photographs.doc Photograph 3: View facing south of work area. Arrows indicate trees to be removed. Hay bales and siltation fence will be installed in the lawn area for erosion control and to demarcate the limit of work. N- 0601 -1 -82 May 9, 2006 (Address) (Address) (Address) Re: 260 Main Street, Leeds Underground Storage Tank Removal and Replacement Notice of Intent Dear Property Owner: The purpose of this letter is to inform you that a Notice of Intent (NOI) has been submitted to the Northampton Conservation Commission and the Department of Environmental Protection by Marken and River Valley Properties, Inc. for removal and replacement of a No. 2 fuel oil underground storage tank at their property located at 260 Main Street in Leeds. As an abutter to the property, you are entitled to this notification under the Massachusetts Wetlands Protection Act (310 CMR 10.00). A copy of the NOI is available for review at the Northampton Office of Planning and Development located at City Hall, Room 11, 210 Main Street, Northampton, 01060. Should you wish to review the NOI, please contact the Conservation Commission staff contact at the Office of Planning and Development at 413 -587- 1263. Should you have any specific questions regarding this project, you may also contact the undersigned at 413 -572 -3254. Very truly yours, TIGHE & BOND, INC. Kurt I. Nelson Environmental Scientist J: \N\N0601 \ABUTTER. doc 4 • S0331 1S 2131VM 0£ 3NNV31'8 NOSVP 3N33210 1S 2131VM 100 L00 L00 £506 2901 t/W t/W 3ON32�O13 Ml 300NO LLZ 1S NIVVI ££Z 213013NHOS 3 3ON32JMVI A31(109 NVIV R 213HiV3H 1139 1S NIVVI 1S NIVVI L00 LOO L00 £90L 090 1 yW yW S0331 S 1dWt/H NO I&Mi2JON 1S 1O3dSO2ld 98Z =1I JJV3 GNV11O21 1S NIVVI NIVVI 1S NIVVI LOO-990-ON L0 L00-L80-901 L00-L80-90L 0901 vvq yW NO 1S NIVVI Z1Z 1S NIVVI OZZI2JVE) 0 ),ilO NO1dViWi JON Jt/W'8 V 13VHOIW GIVNOGOdW 1S NIVVI L00 100 £90L Sa331 S0331 1S NIVVI KZ >1 NVQJ9'8 912139021 SGIONA321 1S NIVVI L00 L00 L80 L00 L00 £90L OgoL t/W vvq 31IO�11O 1S NIVVI L99 S31dIOOSSV 30TI - 11n S0331 f Nvsns ZN3M 1S NIVVI 1S 2131VM L00 L00 £901 yW S4331 1S 2131VM Zb 3 HAS NOSNHOP 1S 2131VM L00 L00 £90L t/W S a331 LL X08 O d W VNNO4 NMIV1 1S 2131VM L00 tbLO L00 £90L t/W S 1S 2131t/M Z£ 1S 2131VM 0£ 3NNV31 '8 NOSVP 3N33210 1S 2131VM L00 O-901 L00 180 £901 09LZ t/W VVI t/W S033-1 O21O83111t/ H121ON 1S G00MW13 tlLZ 3 AWN N131SN2139 a NVsnS N1921t/O 1S 1S 2131VM ,12121391f1W L00 L00 890 L L00 L00 180'90 L £90 L S4331 1S ,12121381(1W 8 L 011 S31Vl00SSV 3NIW(IN"S 1S Al :W391(1W L00 L00 180 £901 t/W S4331 X08 O d W A. JVW'8 d a IM1313V4VH 1S Al 1 1391(1W vi 100 L00 - SOL £LOL yW NOldWyH1f1OS 421 31t/aN31J 99L NO1i"Od21O0 H d 1S Al W391(1W L00 100 LbLL L AN AN 3111n13W ml MO11OH GVO219 OL9 3111A13W 90Z# Ml MO-1-10H (IVO219 019 &J00 AiW321 S113snHOVSSVVI Ml 213AQJ _ Loo_ ZO uol;eoo ❑I I aoJ d a� lao��— ;3afgng LbL 1 L apo� dlZ a ;e ;g ;i� ssaappy AGUM0 ;slq sjaungV spaa 4 g ulew o9Z COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE 436 Dwight Street • Springfield, Massachusetts 01103 . (413) 784 -1100. FAX (413) 784 -1149 MITT ROMNEY STEPHEN R. PRITCHARD Governor Secretary KERRY HEALEY ROBERT W. GOLLEDGE, Jr. Lieutenant Governor Commissioner DEP File # 246 -0586 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER DATE: June 7, 2006 Municipality: NORTHAMPTON (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, §40): Applicant: HERB BEREZIN Owner: MARKEN AND RIVER VALLEY PROPERTIES Address: 667 MAIN STREET Address: HOLYOKE,MA 01040 PROJECT LOCATION: 260 MAIN STREET IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT: (X) This project has been assigned the following file # 246 -0586 Although a file # is being issued, please note the following: Evidence of abutter notification must be submitted to the Commission prior to public hearing in accordance with 310 CMR 10.05(4)(a) ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617- 556 -1057. TDD Service - 1- 800 - 298 -2207. DEP on the World Wide Web: http: / /www.mass.gov /dep 0 Printed on Recycled Paper Other Regulatory Jurisdiction () Chapter 91 license may be required. Based upon the information submitted in and with your Notice of Intent, this project proposes work within a Commonwealth- designated "great pond" or navigable non -tidal river or stream, and is therefore subject to the Massachusetts Public Waterfront Act (MGL Chapter 91). Please file either a CH91 Waterways License Application or a BRP WW 04 - Request for Determination of Applicability (to obtain a Determination from the Department that a license is not required). The Application and transmittal forms are available on the DEP website ( http: / /www. state .ma.us /dep /appkits /forms.htm Q 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 314 CMR 9.03 and 9.04, and the conditions under the US Army 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, § 40 (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 US Army Corps of Engineers at 1- 800 - 362 -4367. If impacts to resource areas or project size increases 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 314 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 a 401 Water Quality Certification application form ( http: / /www. state .ma.us /dam /appkits /forms.htm and file it with this Regional Office for review. Q Your project involves dredging of greater than 100 cubic yards of Land Under Water. Please complete a 401 Water Quality Certification application form ( http://www.state.ma.us/dep/appkits/forms.htm ) and submit to the Department of Environmental Protection, Waterways Regulation Program, One Winter Street, Boston, MA 02108. Call the Waterways Regulation Program at 617- 292 -5695 with any questions. For more information please contact: Anthony M. Zaharias (jai) (413) 755 -2147 cc: r Conservation C6m` niis'sioh: NORT"MPTpN Conservation Commission, CITY HALL, 210 MAIN STREEET RM 11 Representative: o"I T1gA4 & Bc n(i Attn: Kurt Nelson 53 Southampton Rd a i 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab temm A. General Information Northampton From. 1. Conservation Commission 2. This issuance is for (check one): a. ® Order of Conditions 3. To: Applicant: Herb a. First Name 667 Main Street d. Mailing Address Holvoke e. City /Town Berezin b. Last Name 4. Property Owner (if different from applicant) DEP File Number: 246 -586 Bk: 8778Pg: 24 Page: 1 of 11 Recorded: 06/30/2006 01:54 PM b. ❑ Amended Order of Conditions Marken and River Valley Properties, Inc. c. Company MA f. State 01040 g. Zip Code a. First Name b. Last Name c. Company d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: 260 Main Street Northampton a Address b. City/Town 10B 81 c. Assessors Map /Plat Number d. Parcel /Lot Number Latitude and Longitude, if known (note: 42.353184 - 72.700736 - e - electronic filers will click for GIS locator): f. Longitude Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): 6. Hampshire b. Certificate (if registered land) a. County 140 1814 c. Book d. Page 5/16/2006 06/08/2006 06/16/2006 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance Plans and Other Documents (attach additional plan or document references as 8. Final Approved needed): Proposed Work Plan for Marken and River Valley Properties 26 Main Street, L eeds, Massachusetts a. Plan Title Tighe and Bond Consulting Engineers b. Prepared By c. Signed and Stamped by April 2006 1 " =20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date Page 1 of 9 wpaform5.doc • rev. 3/1/05 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 -586 B. Findings 1. 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: a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution f. ® Protection of Wildlife d. ® Private Water Supply e. ® Fisheries Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ 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). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) a. linearfeet Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land Under Waterbodies a. square feet b. square feet c. square feet d. square feet and Waterways e. cu.yd dredged f. cu.yd dredged Page 2 of 9 wpaform5 doc • rev. 3/1/05 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 -586 B. Findings (cont.) ❑ Barrier Beaches 13. ❑ Proposed Permitted Proposed Resource Area Alteration Alteration Replacement 7. ❑ Bordering Land ❑ Rocky Intertidal Shores 17. Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet 8. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 500 500 tem 9. ® Riverfront area a. total sq. feet b. total sq. feet 500 500 t e mpo rary Sq ft within 100 ft c. square feet d. square feet e. square feet Sq ft between 100 -200 ft g _ square feet h. square feet i. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a. square feet b. square feet 12. ❑ Barrier Beaches 13. ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 18. ❑ Land Under Salt Ponds 19. ❑ Land Containing Shellfish 20. ❑ Fish Runs 21. ❑ Land Subject to Coastal Storm Flowage Permitted Replacement h. cubic feet f. cubic feet j. square feet Indicate size under Coastal Beaches and /or Coastal Dunes below a. linear feet b. linear feet a. square feet b. square feet b. square feet c. square feet d. square feet a. square feet a. square feet b. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and /or inland Land Under Waterbodies and Waterways, above wpaform5 doc • rev 311/05 Page 3 of 9 Massachusetts Department of Environmental Protection DEP File Number: - Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 246 -586 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP "] "File Number 246 -586 Page 4 of 9 wpaform5 doc • rev 3/1/05 Massachusetts Department of Environmental Protection DEP File Number: - Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 246 -586 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. If you need more space for additional conditions, select box to attach a text document ❑ Special Conditions: Coo "At+arhmcnt A" Page 5 of 9 wpaform5 doc • rev 3/1/05 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 -586 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Northampton hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Page 6 of 9 wpaform5 doc • rev 311/05 a. Municipal Ordinance or Bylaw b. Citation 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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Northampton Wetlands Ordinance Chapter 24/25 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following 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. If you need more The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See "Attachment A" conditions, select box to attach a text document ❑ Page 6 of 9 wpaform5 doc • rev 311/05 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: i� WPA Form 5 - Order of Conditions a �- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of signers 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, if not filing electronically and the property owner, if different from applicant. A LA 'tt� W1 - N , 0 Commonwealth of Massachusetts County of On this p of Before me, the undersigned Notary Public, personally appeared 1Mps Mo�ntth Year V�1�COW - - \A - M Name of Document Signer proved to me through satisfactory evidence of identification, which was /were Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated se. purp As member of �� t t /�� City/Tow Oq Conservation Commission � J C S1 0 D�r`� ? :> * w J m n, .. :f : i &. PVe� / S \ \� 01 110 Place notary seal and /or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date 8L40� Sign ure of No P lic Printed Name of Notary Public My Commission Expires (Date) a by certified mail, return receipt requested, on Date wpaform5 doc • rev 311105 Page 7 of 9 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 -586 F. 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 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.doc • rev 311/05 Page 8 of 9 "ATTACHMENT A" 19. Prior to the initiation of any work, the applicant /owner shall submit a letter of understanding to the Commission stating that he /she has received, read, understands and shall comply with these Orders. The applicant, and, his or her contractor, foreman and/or construction manager shall sign the letter of understanding. 20. Prior to the initiation of any work, the applicant shall submit to the Commission a sequencing plan for construction, and erosion and sedimentation control installation. 21. Prior to the start of any site work, excavation or construction, a pre - construction 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. 22. 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 any project. 23. 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. 24. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into the permit by reference and shall be followed during the course of construction. 25. The areas of construction shall remain in a stable condition at the close of each construction day. Erosion control measures shall be inspected at this time, and maintained or reinforced as necessary. All such devices shall be inspected, cleaned or replaced during construction and shall remain in place until such time as stabilization of all areas that may impact resource areas is permanent. These devices shall also be inspected to assure that the maximum control has been provided. Any entrapped silt shall be removed to an area outside the buffer zone and resource areas, and maintained or reinforced as necessary. Erosion controls shall be inspected after every rainfall to assure that maximum control has been provided. 26. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, riprap, filter berms or other devices planned for use during construction. 27. Soils exposed for periods greater than two months shall be stabilized with erosion control blankets and netting, a covering of straw mulch, or a temporary cover of rye or other grass to prevent erosion and sedimentation. Drainage ditches shall be stabilized and seeded with a native perennial grass mixture. Any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding. Preference should be given to biodegradable materials. 28. All disturbed areas shall be graded, loamed and seeded, or stabilized with erosion control blankets or netting, and a covering of straw mulch prior to November 30, of each year. No disturbed areas or stockpiled materials will be left unprotected or without erosion control after this date. 29. 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 30. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: #34 & #35 31. Upon completion of the work covered by this Order, the applicant shall submit an as -built plan, signed and stamped by a registered professional engineer or land surveyor, together with a written request for a Certificate of Compliance. The plan and written request shall specify any ways that the completed project differs from the plans referenced in the Order. The as -built plan shall include, at a minimum, and as applicable to the project: elevations of all pipe inverts and outlets, pipe sizes, materials, and slopes; all other drainage structures; limits of clearing, grading, and fill; all structures, pavement, and contours within 100 feet of wetland boundaries; all alterations within the wetland resource areas; and all dates of fieldwork. 32. 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. 33. One of the three proposed replacement trees must planted on the eastern edge of the parcel adjacent to the existing sidewalk. The replacement tree shall be a shade tree, acceptable to the Northampton Tree Committee, and shall be planted in an area acceptable to the City of Northampton, Department of Public Works. 34. Before planting the replacement trees along the fence in the Riverfront Area, the applicant shall contact the Department of Public works to identify the proper area for tree placement. j, ,-- iI A'T'TEST: HAMPSHIRE, �'Ol �d.�' f� , EGISTER MARIANNE L. DONOHUE