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12-033 north farms road wetlands order of conditions 5-23-03May 12 03 10:52a Charles H. Dauchy 413- 548 -9987 p,1 CHARLES H. DAUCHY, Environmental Consultant 24 Old Long Plain Road, Amherst, MA 01002 Phone (413) 548 - 8005, Fax 548 May 12, 2003 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: Via FAX: (413) 587 -1264 ( 2 — 33 Re: Wetland Delineation Stephen Petegorsky, Lot 6, North Farms Road, Northampton This letter is to confirm that the wetland boundaries shown on the plan submitted with the Notice of Intent for the new home site on Lot 6 are consistent with the original wetland delineation, approved under the Order of Conditions issued in 1997, and accurately reflect the current wetland edge. The original flag locations were re- staked by survey methods from the original coordinates. Gloria McPherson and I then checked the at'ea. on 4/1/03, in conjunction with our review of the unauthorized tree cutting from Lot 5. We confirmed that the stakes closest to the building site on lot 6 (those determining the buffer zones) still accurately reflected the edge of wetland. If you have any questions on this matter, please call. Sincerely, ��y � les H. Da y cc: Stephen Petegorsky (Applicant) loan Rockwell (Representative) BK013g3PGogq Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 24 Pro vided by DEP i q Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information _ Important: When filling From: I r out forms on Northampton the computer, Conservation Commission Bk: 7393Pg: 99 Page: 1 of 9 use only the Recorded: 08/15/2003 03:20 PM 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): Stephen Pete orsky ) Kevin W. &Barbara A. Heafev rem Name Name 134 North Street 43 Rustlewood Road Mailing Address Northampton MA Mailing Address City/Town 01060 Florence MA 01062 State Zip Code City/Town State Zip Code 1. Project Location: Lot 6 North Farms Road Northampton Street Address City/Town 12 33 Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 5442 346 County N/A Book Page 3. Dates: April 30, 2003 May 22, 2003 June 6, 2003 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): "General Site Plan, Rustlewood Ridge & N. Farms Road" 2/24/97 Title Date "Plan of Land" Sheet 1 of 2, prepared b Harold Eaton &Associates Inc 4/15/97 revised 11 Preliminary Road Layout and Grading Plan" dated 3/18/03 and revised on 5/15/03. 5. Final Plans and Documents Signed and Stamped by: N/A 6. Total Fee: $320.00 (from Appendix B: Wetland Fee Transmittal Form) WPA Form 5 Rev. 02100 Page 1 of 7 Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above - referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ® Groundwater Supply ❑ Fisheries ® Storm Damage Prevention ® Protection of Wildlife Habitat ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Forth 5 Rev. 02100 Page 2 of 7 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP'J "File Number246 -525 " 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 QKO13g3PG 1 02 1 tau\. V Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 246-52 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 "Attachment A" Findings as to municipal bylaw or ordinance Furthermore, the Conservation Commission hereby finds (check one that applies): ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions 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 v \-_�gK01393PG f 03 Massachusetts Department of Environmental Protection DEP File Number: r Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by DEP r ` 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. June 6, 2003 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). Signature r On Twenty- second Of May, 2003 Day Month and Year before me personally appeared bove to me known to be the person described in and who executed the foregoing instrum A acknowledged that he /she executed the same as his /her free act and deed. m Nota Public My mmissi n Expires This Order is issued to the applicant as follows: El by hand delivery on EN by certified mail, return receipt requested, on Date WPA Form 5 Rev. 02/00 June 6, 2003 Date Date sent to DEP: June 6, 2003 Page 5 of 7 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he /she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. conservation commission WPA Form 5 Rev. 02100 Page 6 of 7 Qk0 106 "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 areas follows: N/A 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. BKO13g3PG 1 Q1 PRE - CONSTRUCTION REQUIREMENTS: 25. The applicant shall notify the Commission, in writing, as to the date that the work will commence on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity. EROSION AND SEDIMENTATION CONTROL: 26. Areas of construction shall remain in a stable condition at the close of each work/construction day: 1. Erosion controls shall be inspected at this time, and after each rainstorm. 2. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas. 3. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day. 4. All erosion controls must be maintained or reinforced to meet specifications in the plans and this order and shall be replaced as necessary. 5. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement. The stockpiles equipment shall include materials to repair silt fences, haybales, or any other devices planned for the control of erosion at the site. 27. Erosion controls shall be located in accordance with plan titled "Preliminary Road Layout and Grading Plan" prepared by Joan S. Rockwell & Associates, dated 3/18/03 and revised on 5/15/03. 28. Orange construction fencing shall be placed adjacent to the erosion control barrier at the 50' wetland buffer and shall serve as the limit of work line. 29. The applicant shall use straw bales instead of hay bales in addition to the filter fabric for erosion control along the 50' buffer. 30. The erosion controls shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover and the Conservation Commission or its agent has authorized their removal. 31. Permanent markers (lally columns 12" above ground) shall be spaced no more than 25' apart along the 50' wetland buffer to mark the non - encroachment zone. ATTEST: HAMPSHIRE, Uol�! j ) L , -RE GISTER MARIA 2M L. DONON91 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. From: Northampton Conservation Commission This issuance if for (check one): ® Order of Conditions ❑ Amended Order of Conditions To: Applicant: Stephen Pete orsk Name 134 North Street Mailing Address Northampton MA 01060 City/Town State Zip Code W PA Form 5 Rev_ 02/00 1. Project Location: Property Owner (if different from applicant): Kevin W. & Barbara A. Heafiev Name 43 Rustlewood Road Mailing Address Florence MA 01062 City/Town State Zip Code Lot 6 North Farms Road Northampton Street Address City/Town 12 33 Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 5442 346 County Book Page N/A Certificate (if registered land) "General Site Plan, Rustlewood Ridge & N Farms Road" Title "Plan of Land" Sheet 1 of 2, prepared by Harold Eaton &, 3. Dates: i April 30, 2003 May 22, 2003 June 6, 2003 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): 2/24/97 Date Inc. A /15/Q7 rcvicnrl 5. Final Plans and Documents Signed and Stamped by: N/A 6. Total Fee: $320.00 (from Appendix B: Wetland Fee Transmittal Form) Page 1 of 7 Ian © - L ib ►i WPA Forth 5 Rev. 02100 L ./ 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 -525 Provided by DEP 16+. 1 111u1119to 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. Page 2 of 7 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP "] "File Number 246 -525 " 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. 0 WPA Forth 5 Rev. 07100 Page 3 of 7 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his /her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and /or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See "Attachment A" W PA Form 5 Rev. 02100 Findings as to municipal bylaw or ordinance Furthermore, the Conservation Commission hereby finds (check one that applies): ❑ that the proposed,work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Page 4 of 7 DEP File Number: 246 - 525 Provided by DEP Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. June 6, 2003 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). Sign4 4 J i n On Twenty- second Of May, 2003 Day Month and Year before me personally appeared The above -named ERSO/�r to me known to be the person described in and who executed the foregoing instrume acknowledged that he /she executed the same as his /her free act and deed. Nota Public ' My mmissi n Expires— This Order is issued to the applicant as follows:��'''��,;'�� ❑ by hand delivery on �] by certified mail, return receipt requested, on June 6, 2003 Date Date W PA Form 5 Date sent to DEP: June 6, 2003 Rev. 02/00 Page 5 of 7 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he /she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission WPA Form 5 Rev. 02100 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -525 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: conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of WPA Form 5 Rev. 02loo Page 7 of 7 "ATTACHMENT A" 18. The owner of the property described in this Order must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require approval by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission. 19. A copy of this Order and associated plans shall remain on site during all construction and/or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 20. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are specifically approved by the Commission, in accordance with 310 CMR 10.00, and City of Northampton Ordinances - Chapter 24; 22. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance areas follows: N/A 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. PRE - CONSTRUCTION REQUIREMENTS: 25. The applicant shall notify the Commission, in writing, as to the date that the work will commence on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity. EROSION AND SEDIMENTATION CONTROL: 26. Areas of construction shall remain in a stable condition at the close of each work/construction day: 1. Erosion controls shall be inspected at this time, and after each rainstorm. 2. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas. 3. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day. 4. All erosion controls must be maintained or reinforced to meet specifications in the plans and this order and shall be replaced as necessary. 5. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement. The stockpiles equipment shall include materials to repair silt fences, haybales, or any other devices planned for the control of erosion at the site. 27. Erosion controls shall be located in accordance with plan titled "Preliminary Road Layout and Grading Plan" prepared by Joan S. Rockwell & Associates, dated 3/18/03 and revised on 5/15/03. 28. Orange construction fencing shall be placed adjacent to the erosion control barrier at the 50' wetland buffer and shall serve as the limit of work line. 29. The applicant shall use straw bales instead of hay bales in addition to the filter fabric for erosion control along the 50' buffer. 30. The erosion controls shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover and the Conservation Commission or its agent has authorized their removal. 31. Permanent markers (lally columns 12" above ground) shall be spaced no more than 25' apart along the 50' wetland buffer to mark the non - encroachment zone. r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form ' 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetland Protection Ordinance, c. 24 A. General information Important: Firm When filling out 1 • Applicant: forms on the co computer, p 7VF - H=.N VE 3 use only the tab Name key to move L W o g7 your cursor - Mailing Address do not use the NoKTt A f!U J return k ey. City/Town Commission 41 6 _ Phone Number 2. Representative (if any): or ordinance. 3. Property Owner (if different from applicant): .krA NJ 4:1-, ID ^- ICI t4nau Addrese'(if applicable) Name TF Mailing Address 4. Total Fee: 4 -3 (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: Zip " <,'V Northampton Street Address City/Town � 3 Ass � essers Map /Plat Number (REQUIRED) Parcel /Lot Number (REQUIRED) 6. Registry of Deeds: County `— Certificate (if Registered Land) WPA Forth 3 Rev. 02/00 The Northampton Con leted Notice of Intent a '^w 1/ ..1 it /_1__ rrl . . r. E -Mail Address (if MIAC State — A 1-% /9 1� DEP File Number: Prpvided by DEP Northampton Talwn Zip Code Ii1IL'�� .- )n commission requires nine (9) colla on together with t he filing fee. State Zip Code 4t Fax Number (if applicable) Page copies of the Pagel of 8 Firm kN RM K ►tiles l_L Note: Contact Name Before completing this Mailing Andress form consult e- L&A I your local Conservation City/Town Commission 41 6 regarding any Phone Number municipal bylaw or ordinance. 3. Property Owner (if different from applicant): Name TF Mailing Address 4. Total Fee: 4 -3 (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: Zip " <,'V Northampton Street Address City/Town � 3 Ass � essers Map /Plat Number (REQUIRED) Parcel /Lot Number (REQUIRED) 6. Registry of Deeds: County `— Certificate (if Registered Land) WPA Forth 3 Rev. 02/00 The Northampton Con leted Notice of Intent a '^w 1/ ..1 it /_1__ rrl . . r. E -Mail Address (if MIAC State — A 1-% /9 1� DEP File Number: Prpvided by DEP Northampton Talwn Zip Code Ii1IL'�� .- )n commission requires nine (9) colla on together with t he filing fee. State Zip Code 4t Fax Number (if applicable) Page copies of the Pagel of 8 Massachusetts Department of Environmental Protection lip Bureau of Resource Protection - Wetlands - WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetland Protection Ordinance, c. 24 A. General Information (cont.) 7. Summary of Project impacts: a. is any work being proposed in the Buffer Zone? IJ(Yes If yes, how many square feet? DEP File Number: Provided by DEP Northampton Town Co1q ., &Z-FT ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior'to restoration and mitigation): Resource Area E2 W Size of impact (e.g., sq. ft.) I ■; i VIUJVUL urdscnption 1. General Project Description: FAM c L-Y Hov-.� G 2 705 sr fp6rp,R THE W WAY _AZ 1 '2FT. H tG44 , 0� DF T" E: "t- Vc I MPCUITW. Dr AILS A leE I✓NCa c5E 2. Plan and /or Map References: K 9-0"E Title W I Ti-4 A - PAV @D 1 D� I�RI V �. i�AfZT D� '�1eG 1_.•. I ..__ — WPA Form 3 Rev. 02100 Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection : Wetlands DEP File Number: WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Northampton t City of Northampton Wetland Protection Ordinance, c. 24 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas ❑ Inland Bank [Bordering Vegetated Wetland (BVW) Coastal Resource Areas ❑ Coastal Beach ❑ Barrier Beach ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt ❑ 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: /YO /YE=' Square Feet altered Square Feet replaced Land Under Water Bodies: Square Feet altered Cubic Yards dredged Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Square Feet altered Cubic Yards/Volume removed Salt Marsh: Bordering Land Subject to Flooding: /YoN6- Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Isolated Land Subject to Flooding: Volume of Flood Storage Lost (cubic feet) Volume of Flood Storage Compensation (cubic feet) Land Under Salt Pond: Square Feet altered Cubic Yards dredged Rocky Intertidal Zone: Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: linear reet altered WPA Form 3 Rev. 02/00 square Feet altered Page 3 of 8 „'.:.•:a,.i.::.:w ai: uacs�•. uet:u::: :c:a.:u:e: ,..v.z. a,,...w. .,.. ........ .....0 ,..,_._�.., Massachusetts Department of Environmental Protection Bureau of Resource Protection , Wetlands DEP File Number: a WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North m ya City of Northampton Wetland Protection Ordinance, c. 24 Town p C. Activities Subject to Regulations (Cont.) Fish Run: Land ' Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: Square Feet altered Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects C. Describe how the Mean Annual High -Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High -Water line: e. Total area of Riverfront Area on the site of the proposed project: Square Feet f. Proposed alteration of the Riverfront Area: Square Feet within 100 ft. total Square Feet WPA Forth 3 Rev. 02/00 Square Feet between 100 ft. and 200 ft. Page 4 of 8 .... _....._._.__ ....... - - -- ai:.W �. i!.:: u: a.'. �v ,li.:.!i::l:..t•.:LU1a::::v.:i� :a�:r:2t.:a::..:f.'w: a.:w:'. a.:.:.:.:<:i::.:_1.vta.:,�..:t :: �: i:.:•: a. v..::: v: a_ a..a.'s.v.�u'ruJ_ >.::.au.::,.a r:. ^.l.s: as «.: rx, a.a..:..:u:.�.,. ...___ ...__.. ..._.__ .. —_... .__._.•- ._- _..__..._......_._�_ ..._._...._. _. _._,..._...._..�..._._...��_ . >..v >v .............y >.u. .:..:c.: J:.i..J::L•.�.:a:wLta.J.a: ::J:: «::..v.l ...:..::...:t .. • V Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �. City of Northampton Wetland Protection Ordinance, c. 24 C. Activities Subject to Regulation (cont.) DEP File Number: Provided by DEP Northampton Town 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 Mefhods for Determining the BVW boundary (attach documentation): �50% or more wetland indicator plants ❑ Saturated /inundated conditions exist ❑ Groundwater indicators ❑ Direct observation 5�ydric 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 u • Date of Map 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. 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): 5?(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 WPA Form 3 Rev. 02/00 Page 5 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided by DEP City of Northampton Wetland Protection Ordinance, c. 24 No To w n a� 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: 0V 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: II 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Residential Subdivision ❑ Transportation ❑ Industrial Development ❑ Commercial Development ❑ Other (describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? (" Yes If yes, explain why the project is exempt: ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. WPA Form 3 Rev. 02/00 Page 6 of 8 u.:,n.:,i:xlvv �..��1•- If.�. ...:.+uw�YS.c:a,L1 'h. - .; : U� : -. .. ". '. 1.• x•.? a. u, t. a::;...:.:: w.:.._ a. nt._. n.;(.:; a. is1._ w,.•. �u..,.. wn. u>: u. .,u..v..uvu.u`i,.a..�we.:..u._. a:..:....a :•: la.• Iw.' �lxi1. �.. 1L_ SS. uS:: LL•. is1�i •..i:.LL'�d•_S1Aa.YL,..,.:. - ..h.a..•.a.u..V .uuL._�:. , u...... �' 4u.at. n_ uL...)._ u:` 1::. 1.:.•.,. G.:::: a.. ti:. ua. aSi_..:: u;:-.. a.:•_.: a• 1:ic.atv.,...u's:ui1'- :Mwuu. <:n •�•••u,u._w......a...a�a.� ....V.. u.. ..•..ia..�...a..•a. . \ . li u• v UaL..... u ) Yal.•.lu:...•x•_,....,._.L:.a. ��...)._. ,y� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — N otice of Intent w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP City of Northampton Wetland Protection Ordinance, c. 24 Northampton E. Additional Information Applicants must include the following with this Notice of Intent (N.OI.): • 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: Ay Z`f - !3 3 377 /J j4 ZI 2 � -03 Check Number � (( �� Check date S� d1h exo 1J Payor name 6n check Applicant name (if dKofent from payor) G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper in accordance with the wetlands regulations, 310 CMR 10.05(5)(a) and that the expense associated with this notice is included in the Notice of Intent filing fee. I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. This is the responsibility of the ap 'cant. (if different) of Re4SreAntative (if any) WPA Forth 3 Rev. 02/00 Date Page 7 of 8 `i WALPO 'Qr `} O/ 5� 1 ( Rd -r-1ri • HILL Shop . Pond TOWN : Sr AYDENVILLE I OFFICES' ° - oCEM 4 p, WIL IAMSBURG ems, s� ,� Naydenville I P 1 09) BEAVER BROOK A/ GOLF C U SE I It MILLER i HILL Y I N _ -: GD j ST b MARr S l"..`w✓', o 6 CEM HA /RE CO LONG TERM A(T CARE FACILITY B a � � � n � ` r ` Si �s' 1 raen°o E. q0 1 < V TERANS M � = St ADA TRATION F 9p Esf g � HO L O Leeds t EE° Z ES Roberts RENCE Z o + G Meadow Reservoir s` ` c S q 3` wh o r t y0,9 4 p ROB �`' '#rr a CEllk ° °r NOR TO rr ' COUNTRYCLU *,. . _.�.�. US f Qs (q IEL '% lh - - tng i m 11� A�OL'F H wthorn Got a hain ° L F` r 2 N S > St e ap m- War < " rsbappls .. r V ia n ` tA t c° i st wberr 9O G P Bar ° a 7tir R M erts to NORTHAM NORTHAMPT II Lae el L(SVero" Gf' D sq lorenc �s � � -E c frost '.. ao Mawr s cam �3 �9 Cosmic P A m er MEAD yy m R IN iddie r �tt` t a nt `Sl oy t O O Di it ° "' v SM/ sr / SAWMILL HILLS ,- rence an t S j Pond er o us SCH ,. r 2 COOLEY DICKINSON T S S 11OSP ?AL 8 I �M ° Avis S. r , Cir v _ li ELD BAKER t O v u 9 E Ba y ° � `ro 1 0 Gold 6r6 In n� m State I m � ° 4 w0 v d c ° � v s Ct n y n r 33 % MINERAL HILLS m 9. RYAN RD ES s D. 1% .o ejR u NORTHAMPTIQ Pn. o Or STATEHOSPIr', d r (CLO O) I St I/ re � � W Parson° ooh' 8T , i�t►/ + o� La �4� r r w � Raeky Hill Q, O Pond 66 �y Lp �,,�s d PP ° t , `o t v 9 WEST v o RUS ` CEM o 9O � Or td Pine 10 ' • Joan S. Fockwell & A5�,, xiate5 Planning & Landscape Architecture 16 Call Road, Colrain MA 01340 ph 413 624 -9666 .fax 413 624 -9651 =i N � �I LIT ►G I H G'' i E•}..kGH Construction Specifications The following is the normal sequence for construction of a silt fence: 1. Drive fenceposts. 2. Construct small trench on front side of fence. 3. Bury the filter cloth a minimum of 6 inches to prevent undermining. It is good practice to construct the silt fence across a flat area in the form of a horseshoe. This aids in ponding the runoff and allowing sedimentation. F Maintenance Fe P- SIC.? Fr:uCA— Silt fences should be inspected periodically for damages, such as tearing by equipment, animals, or wind, and for the amount of sediment which has accumulated. Removal of the` sediment is generally necessary when it reaches one -half tie height of the silt fence. In' situa- tions where access :ii available, :machinery can be used; otherwise, it must be removed manually. The key elements to remember are: 1. The sediment deposits should be removed when heavy rain or high water is anticipated. 2. The sediment removed should be placed in an area where there is: "no danger of erosion. The silt fence should not be removed until adequate vegeta- tion ensures no further ,erosion of the disturbed slopes. Generally, the fabric is cut at ground level, the wire and Posts removed, the sediment spread, and seeding and mulch is applied immediately. Silt Fence/Haybale combination To combine the haybale and silt fence, stake the bales along the front side of the fence (the upside of the slope) Joan S. Rockwell & A gciate5 planning & LandSCape rchitectre 16 Call Road, Colrain MA 01340 ph 413 624 -9666 . fax 413 624 -9a51 r u� D _P10P E - f HA N I A( TH 6-Y1 LY ME-As PLC O N 0 H SDI L ON Co H57F-UGTbH P9P IHETE'I- AHl7 EML5 6D 4 (o' Llrpf rX 51v Construction Specifications 1. Bales shall be placed in a row with ends tightly abut- ting the adjacent bales. 2. Each bale shall be embedded in the soil a minimum of 4 inches. 3. Bales shall be securely anchored in place by stakes or rebars driven through the bales. The first stake in each bale shall be driven toward the previously laid bale to force bales together. 4. Inspection shall be frequent and repair or replacement shall be made promptly as needed. 5. Bales shall be removed when they have served their usefulness, so as not to block or impede storm flow or drainage. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. W From: Northampton Conservation Commission This issuance if for (check one): ® Order of Conditions ❑ Amended Order of Conditions To: Applicant: Stephen Petegorsky Name 134 North Street Mailing Address Northampton MA 01060 City/Town State Zip Code Property Owner (if different from applicant): Kevin W. & Barbara A. Heafey Name 43 Rustlewood Road Mailing Address Florence MA 01062 City/Town State Zip Code 1. Project Location: Lot 6 North Farms Road Northampton Street Address City/Town 12 33 Assessors Map /Plat Number Parcel /Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 5442 346 County Book Page N/A Certificate (if registered land) 3. Dates: April 30, 2003 May 22, 2003 June 6, 2003 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): "General Site Plan Rustlewood Ridge & N Farms Road" 2/24/97 Title Date "Plan of Land" Sheet 1 of 2, prepared by Harold Eaton & Associates, Inc. 4/15/97 r evised " Preliminary Road Layout and Grading Plan" dated 3/18/03 and revised on 5/15/03. 5. Final Plans and Documents Signed and Stamped by: N/A Name 6. Total Fee: $320.00 (from Appendix B: Wetiand Fee Transmittal Form) W PA Forth 5 Rev. 02100 Page 1 of 7 v�o WPA Forth 5 Rev. 02100 U 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 -525 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 ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ® Groundwater Supply ❑ Fisheries ® Storm Damage Prevention ® Protection of Wildlife Habitat ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the.permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 246 -525 WPA Form 5 - Order of Conditions Provided by DEP 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. 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 -525 " 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 Forth 5 Page 3 of 7 Rev. 02/00 u u Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 246 -525 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his /her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and /or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See "Attachment A" Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Forth 5 Page 4 of 7 Rev. 02/00 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: DEP File Number: 246 -525 Provided by DEP This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. June 6, 2003 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). Signature r On Twenty— second Of May, 2003 Day Month and Year before me personally appeared uuq� . ERS0,V 4Ff The above -named o. to me known to be the person described in and who executed the foregoing instrume acknowledged that he /she executed the same as his /her free act and deed. o ._ Nota Public My Commissi6n Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on June 6, 2003 Date Date Date sent to DEP: June 6, 2003 WPA Form 5 Page 5 of 7 Rev. 02/00 0 WPA Form 5 Rev. 02100 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 -525 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. Conservation Commission Page 6 of 7 "ATTACHMENT A" 18. The owner of the property described in this Order must advise any potential buyer of the property that any construction or alteration to said property, including brush cutting or clearance, may require approval by the Northampton Conservation Commission. Any instrument conveying any or all of the owners' interest in said property or any portion thereof, shall contain language similar to the following: "This property is subject to the Northampton Wetlands Protection Ordinance and/or Wetlands Protection Act. Any construction or maintenance work performed on this property requires an Order of Conditions, and /or a Determination of Applicability from the Northampton Conservation Commission. 19. A copy of this Order and associated plans shall remain on site during all construction - and/or building activities. The project manager and all equipment operators shall be familiar with the approved plans, and shall be informed of their location on the site. This location shall be accessible to all contractors whenever work is occurring on site. 20. All required permits must be obtained from the Army Corp of Engineers (Section 404, Water Quality Certification), Planning Board, Zoning Board, Department of Public Works, or Building Inspector prior to the start of projects involving fill within any wetland resource area; 21. No disposal of soils or other materials shall be allowed within: a 100 -year floodplain; 40 feet of the 100 -year floodplain elevation; any wetland; or any area within 100 -feet of a wetland, unless such areas are specifically approved by the Commission, in accordance with 310 CMR 10. 00, and City of Northampton Ordinances - Chapter 24; 22. All revised plans, referenced within this Order of Conditions, shall be approved by the Conservation Commission and incorporated into this Order by reference and shall be followed during the course of construction. 23. Ongoing conditions that shall not expire with the issuance of a Certificate of Compliance are as follows: N/A 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. PRE - CONSTRUCTION REQUIREMENTS: 25. The applicant shall notify the Commission, in writing, as to the date that the work will commence on the project. Said notification must be received by the Commission no sooner than (10) days and no later than five (5) days prior to the commencement of the approved activity. EROSION AND SEDIMENTATION CONTROL: 26. Areas of construction shall remain in a stable condition at the close of each work/construction day: 1. Erosion controls shall be inspected at this time, and after each rainstorm. 2. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas. 3. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day. 4. All erosion controls must be maintained or reinforced to meet specifications in the plans and this order and shall be replaced as necessary. 5. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement. The stockpiles equipment shall include materials to repair silt fences, haybales, or any other devices planned for the control of erosion at the site. 27. Erosion controls shall be located in accordance with plan titled "Preliminary Road Layout and Grading Plan" prepared by Joan S. Rockwell & Associates, dated 3/18/03 and revised on 5/15/03. 28. Orange construction fencing shall be placed adjacent to the erosion control barrier at the 50' wetland buffer and shall serve as the limit of work line. 29. The applicant shall use straw bales instead of hay bales in addition to the filter fabric for erosion control along the 50' buffer. 30. The erosion controls shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover and the Conservation Commission or its agent has authorized their removal. 31. Permanent markers (lally columns 12" above ground) shall be spaced no more than 25' apart along the 50' wetland buffer to mark the non - encroachment zone. r ' Contact Name " E -Mail Address (if applicable) Massachusetts Department of Environmental Protection I CO 6 "R ID Bureau of Resource Protection � Wetlands DEP File Number: WPA Form 3 — Notice of Intent form consult Provided by DEP C 6 •�' ► 2AD Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton Ci City of Northampton Wetla P rotection Ordinance, c. 2 4 Town A. General Information 3 (g24 Important: When filling out 1. Applicant: 4 I &M- forms on the SST �t-kE:t�l - , DefPo,01 -5V_U9 X+o!t Ana l 0 rnct�,. ed computer, use only the tab Name I E-Mail Addre (if applicable) municipal bylaw key to move I �4 No IS your cursor - Mailing Address do not use the MOKII -AAHMN MA 00( return key. City/Town State Zip Code �2 5ffp- �15"7 41 5�(c - 9 A 57 Phone Number Fax Number (if applicable) Mailing Address 4r 1 wA CAME 2. Representative (if any): 1 �5 12L City/Town Firm Note: Contact Name " E -Mail Address (if applicable) Before I CO 6 "R ID completing this Mailing Address form consult COL- &A IN C 6 •�' ► 2AD your local Conservation Ci State Zip Code '!? - QGCdo 3 (g24 Commission 4 I &M- 4 [ regarding any Phone Number Fax Number (if applicable) municipal bylaw 3. Property Owner (if different from applicant): or ordinance. Name QTR Q'_5TLF Vl= Mailing Address 4r 1 wA CAME City/Town State Zip Code 4. Total Fee: 4 - 32 0 (from Appendix B: Wetland Fee Transmittal Form) 5. Project Location: L %o W0 FAgWv T1,V Northampton Street Address City/Town Assessors Map /Plat Number (REQUIRED) Parcel /Lot Number (REQUIRED) 6. Registry of Deeds: J±AH -)5 44 2 -- County Book Page Certificate (If Registered Land) Note: The Northampton Conservation Commission requires nine (9) collated copies of the completed Notice of Intent application together with the filing fee. WPA Form 3 Rev. 02/00 rage i of o 7. Summary of Project Impacts: I (K Massachusetts Department of Environmental Protection Bureau of Resource. Protection - Wetlands - WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetland Protection Ordinance, c. 24 A. General Information (cont.) a. Is any work being proposed in the Buffer Zone? J Yes If yes, how many square feet? DEP File Number: Provided by DEP Northampton Town (01 q G . FT ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area bv w Size of Impact (e.g., sq. ft.) N• ► W. K B. Project Description 1. General Project Description: ®t 0' 0R%VV--. i'ART OF uKP�Vl µU HN V 1`aw 71 yr - t t-AC r WC: P%Kt , wt l. hIN Th; Pau FFEK i*tE rX15Tt t 1r. rR^0ff5 AV Abut T 3 70 • Fi¢tr (nki x r iknz W iU, t�r- i MW�IUP. TVTAIL5 A IM tN ctQSr- Plan and /or Map References: r -PIe>= c.tMlt l Y RDAp L,AYar[ RAVI �.4 1'LAO 3- 10 03 Title Date 6 F— NI~ R*N— S IM PLAN fora LAwc> o N :R "n .FW= RQU, Z • 24.13 P LA14 OF IMP ttit KM74AM"ON 1 • (4 -47 WPA Form 3 Rev. 02100 Page 2 of 8 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection _ Wetlands a WPA Form 3 — Notice of Intent L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 •a a� City of Northampton Wetland Protection Ordinance, c. 24 C. Activities Subject to Regulation Provided by DEP Northampton Town 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas ❑ Inland Bank 06ordering Vegetated Wetland (BVW) Coastal Resource Areas ❑ Coastal Beach ❑ Barrier Beach ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt ❑ 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: /YO 11/E:r Square Feet altered Bordering Land Subject to Flooding: 1y-01V6=- Volume of Flood Storage Lost (cubic feet) Square Feet replaced Land Under Water Bodies: Volume of Flood Storage Compensation (cubic feet) Isolated Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost (cubic feet) Cubic Yards dredged Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Square Feet altered Cubic Yards/Volume removed Salt Marsh: Square Feet altered Coastal Bank: Linear Feet altered Volume of Flood Storage Compensation (cubic feet) Land Under Salt Pond: Square Feet altered Cubic Yards dredged Rocky Intertidal Zone: Square Feet altered Designated Port Area: Square Feet altered WPA Forth 3 Rev. 02/00 Page 3 of 8 .......\.• ..•.u......a...V.v... ...:'. 1. 5ei: v.....: v. li. 3i: L`. tti`: L.` u. w4 .v. ✓.�....•S�'...4..1`:la.:vY_. ..•wu...... .:�:ii.�.....J_J....:tr..vu.e. � �., aL:'...\... N.....—.. w✓Y..vJi�..�.l...u.1.4.L...v. a.\....� ui...•.v lv ...v w u L Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �» City of Northampton Wetland Protection O rdinance, c. 24 C. Activities Subject to Regulations (cont.) Fish Run: DEP File Number: Provided by DEP Northampton Town Land. Containing Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: Square Feet altered Land Under Ocean: Square Feet altered Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects c. Describe how the Mean Annual High -Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High -Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: Square Feet f. Proposed alteration of the Riverfront Area: Square Feet between 100 ft. and 200 ft. Total Square Feet Square Feet within 100 ft. WPA Form 3 Rev 02100 Page 4 of 8 u :❑ a.' �,;::_;: a,.: a,.: wr., eon.a:,.2,;a:w.�:,,:,.�i.:m: >x4 ....... .... � _..•,, o,....,._..v_..,..,_., Ewa...._. �.,..,. �.,.._>. a....,.. �.,_..;.. s,. ...,_.�._.�,.........,....._,�. _.s........ w .......... �,_..,.,...,... a........_.._.......................... ...•........_.__,,.�..,..,..... Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands u WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 . �,N City of Northampton Wetland Protection Ordinance, c. 24 C. Activities Subject to Regulation (cont.) DEP File Number: Provided by DEP Northampton Town 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) �ther Methods for Determining the BVW boundary (attach documentation): or more wetland indicator plants ❑ Saturated /inundated conditions exist ❑ Groundwater indicators ❑ Direct observation 6?r 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 Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes dNo If yes, provide name of ACEC (see Appendix D for ACEC locations): c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes No WPA Form 3 Page 5 of 8 Rev. 02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands :;.:. WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northarnpton Wetland Protection Ordinance, c. 24 D. Performance Standards DEP File Number: Provided by DEP Northampton Town 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: No 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: I 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Transportation ❑ Commercial Development ❑ Other (describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? V Yes If yes, explain why the project is exempt: Stt�GL� �AI�III.Y '�vIP�UG,c ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. WPA Forth 3 Rev 02/00 Page 6 of 8 3ui:: xA• m�. 2:. ti'•. t1i. 3..: 4.. uJa�` ed.'c�tL1•]:::4•SUfla.::x.:u... .a.:_Laa.�::'.:•.4.::•: uN�w............ t�'-.... 4:. a_• a.. a. 1. fliN> a:. a: W::< �.:: w.: a_<. xt_: u: S::. Aw..•,'. ivau. a.:. u• a.. a: rau_ ISt :suwLwvu�..a..vwr..:..5+._.a.L« w. :.t u.� ._ .a..1..u...u......�4..i .>,_ ... :.....f..,._.lt ..a.__�..�a,a. . vrvi:yu v. `•fl:::l�.l.w.., a..4.a..W.L: �..var .454 ...a V Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 3 — N otice of Intent " Provided by DEP w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Northampton City of Northampton Weiland Protection Ordinance, C. 24 Town E. Additional Information Applicants must include the following with this Notice of Intent (N.OI): • 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 - 7(v -- V • # / 377 - 2/75, or IVorWf�i2wp*fi 44 • Z4 -0 3 Check Number Check date t Payor name n check pplicant name (if diffisfent from payor) G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper in accordance with the wetlands regulations, 310 CMR 10.05(5)(x) and that the expense associated with this notice is included in the Notice of Intent filing fee. I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. This is the responsibility of the ap 'cant. (If different) of Re45repntative (if any) Date WPA Forth 3 Rev 02100 Page 7 of 8 i r WALPOLE Rd Brass HILL Shop Pond TOWN :6r CEM NVLLE OfRCES- c ' WIL IAMSBURG a Am a $� Haydenville Page 109) y BEAVER BROOK MILLER ® GOLF C U SE I I — _ HILL a .• n PLGD — r so (, North ST Oq Farms r � MARY'S CEM �SD HA IRE CO LONG TERM '- AUOG9 CARE FACILITY _ a RO d r M St V ERANS Fq 1 ao rRATION HO L s m Leeds © _n a°ntN V'1 . EE e Z TES a F m 9Q _ o Roberta RENC s Meadow Reservoir A - HILL �NORTHHAMPT ' ty Ij JFK o ur h Rd O Na Cr et i \f j ROBERTS ' COUNTRYCLU * C ©K -'` 4�7• • >- ' MS Le a a y • y e It I E H horn Gold ha in a La >° rabaPP4 _ N 3T tt \ \ J o we t _c ° Q St wberry = h, 90 a en= Butt U r he e n La ald vl��s � x a a rir R M ertsD N ORTHAM PTO N Ta, Y, �r ®n � A� t -� s'p St lorence O r r' A Q e G e Bldt$t MARY B E - S velej- �' � Pa s ° o aS P � � ° mac PAR m a ' �� Rr�•• ..- 9 EM LpC MEAD W W Middle .. UST ,�F� �, .m r £' rence • S , r e to B ^ Q c ~ T an $ k SM ?H Oe 3T �i^ ' 1ADC rk / SAWMILL HILLS Pond er 't� ?° m,' SCH aTi COOLEY ~ Avis or N Sc MAINES S v_ 6 ELD' - ` BAKER m HILL ' °°• c a• 2 s •0— S; �. O 9 Bay o� o HS �, Gold 6 " ° '" 6e State P4Q 0 ;ll °y e`bQ \t s. 4 • G A � °� P 5 s q t m di tg� .t� and 4 rY ^ C NN- w 6 MINERAL HILLS in `A O RYAN R' A o B URT u NORTHAMP, ^ O ° o � P/T• STATE HOSP r (Cl- D� �.. $t Q ° h stn 90 A � Df O a W Psraona La $TOOK' o� 3 G aR0 4ac� Ro�Rill �a 66 P pp !a PQ. a t t o an e �n 7 WEST ARMS 4 q0 Or T p� LL CEN WESm Nnrm, Pin / rantrn , -F, • Joan S. Fockwell & A5�- ciate5 Planning & Land5cape Architecture 16GA Road, Colrain MA 01,340 ph 413 624 -9666 . fax 413 624 -9651 .iC I - I.` Construction Specificatio The following is the normal sequence for construction of a silt fence: 1. Drive fenceposts. 2. Construct small trench on front side of fence. 3. Bury the filter cloth a minimum of 6 inches to prevent undermining. It is good practice to construct the silt fence across a flat area in the form of a horseshoe. This aids in ponding the runoff and allowing sedimentation. `1 . Maintenance FO F_ SILT Fr_ WC,F Silt fences should be inspected periodically for damages, such as tearing by equipment, animals, or wind, and for the amount of sediment which has accumulated. Removal of the' sediment is generally necessary when it reaches one -half the ;`height of the silt fence. In situa- tions where access is available, :machinery can be used; otherwise, it must be removed manually. The key elements to remember are: 1. The sediment deposits should be removed when heavy rain or high water is anticipated. 2. The sediment removed should be.placed in an area where there is;Ono danger of erosion. The silt fence should not.be removed until adequate vegeta- tion ensures no further .erosion of the disturbed slopes. Generally, the fabric is cut at ground level, the wire and Posts removed, the sediment spread, and seeding and mulch is applied immediately. Silt Fence/Haybale combination To combine the haybale and silt fence, stake the bales along the front side of the fence (the upside of the slope) Joan S. Rockwell & A 9date5 Planning & Landscape rchitecturo. 16 Gall Road, Colrain MA 01340 ph 413 624 -9666 . fax 413 624 - 9661 . 0 Voiz E - HA H I t7A W 74 Tr _TL { I ToX eTH 61- P( OW SOIL ON Go N UG`�0H P9tz- IMET�i� AHP EM L56P 4 �, UrKPct' 5 1pa Construction Specifications 1. Bales shall be placed in a row with ends tightly abut- ting the adjacent bales. 2. Each bale shall be embedded in the soil a minimum of 4 inches. 3. Bales shall be securely anchored in place by stakes or rebars driven through the bales. The first stake in each bale shall be driven toward the previously laid bale to force bales together. 4. Inspection shall be frequent and repair or replacement shall be made promptly as needed. 5. Bales shall be removed when they have served their usefulness, so as not to block or impede storm flow or drainage. U u AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act hereby certify, under the pains and penalties of perjury, that on j�!5, I gave notification to abutters in compliance with the secon paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification, dated April 8,1994, in connection with the followiti'g matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by: s�T �l °ft�tiJ '�r�r� With the NOrT74,4UMA/ Conservation Commission on ( forpropertylocated /_c7 lyot Rp• Hqptz The form of notification, and list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. 33 -L Date ►a --o33L Notification to Abutters Under the Massachusetts Wetlands Protection Act Effective April 13, 1994 In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is: A The applicant has filed a Notice of Intent, Xbbreviated Notice of Intent, or Abbreviated Notice of Resource Delineation with the Conservation Commission for the municipality of Northampton, and is seeking permission to remove, fill, dredge, or alter an Area Subject to Protection or within 100 feet of an area Subject to Protection, Under the Wetiands Protection Act (General Laws Chapter 131, Section 40), and the City of Northampton's Wetiand Protection Ordinance. C. The location of the lot where the activity is proposed is: Street Address: 1 - L o Z feZM ap: — Block/Lot: D. Copies of the Notice of Intent may be examined at The Office of Planning and Development, 2 floor, City Hall, between the hours of 8:30 AM and 4:30 PM, Monday through Friday For more information on the filing proposed work, call This is the: applicant epresentative Other: _ (circle one) E. Copies of the Notice of Intent or Abbreviated Notice of Resour a Delineation may be obtained from (circle one): the applicant or the p ican s represents iv �j- or by calling 41 Co Z q q Le&& between ours and on the following days of the week: il I' u .l T f= This is the: applicant representative Other: (circle one) F. The time and place of the pull hearing is as follows: Thursday, ,20 at P.M. in the Hearing Room, located on the 2n Floor of City Hall at 210 Main Street, Northampton, MA 01060. Additional information regarding the hearing can be obtained by calling (413) 587 -1266 between the hours of 8:30 AM and 4:30 PM, Monday through Friday. Notice of the public hearing, including its date, time, and place, will be published at least five (5) days in advance in the Daily Hampshire Gazette legal ads section. Notice of the public meeting, listing all hearings, including the date, time and place, will be posted in City Hall not less than forty -eight (48) hours in advance of the meeting date. You also may contact the Department of Environmental Protection Western Regional Office for more information about this application or the Wetlands Protection Act at: (413) 7841100 -0t fXQ0 )L1& Ali t 'U Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 City of Northampton Wetlands Protection Ordinance, Chapter 24 Massachusetts Department of Environmental Protection Bureau of Resource Protection = Wetlands A. Applicant Information cant: Name ' I 1�74 Mailing Address NOKT -1 City/Town State Zip Code 14 1 4 2 325_7 Phone Number 2. Property Owner (if different): IC ! 161 • A1A.T2 I • H t4� .:Y Name Mailing Address City/Town State Zip Code ql. Phone Number To calculate filing fees, refer to the category fee list and examples in Section D of this form. 3. Project Location: L O - r r , o WO MA EAW5 RCAt2 Northampton Street Address City/Town B. Fees Abbreviated Notice of Resource Area Delineation (Form 4A): The fee is calculated as follows (check applicable project type): ❑ single family house project (feet of BVW) ❑ all other projects X $1.00= (feet of BVW) X $1.00= Total fee (not to exceed $100) Total fee (not to exceed $1,000) Type I: Filed under both Massachusetts Wetlands Protection Share of filling fee payable to State: (1/2 of total fee, less $12.50) Share of filing fee payable to Northampton: (1/2 of total fee, plus $12.50) Act and City of Northampton Wetlands Protection Ordinance + Category 7 fee: g ry $70.00 Total Fee Payable To: "City of Northampton" tL� 1 50 Type II: Filed under Northampton Category 8 fee only W etlands Protection Ordinance Total Fee Payable To: "City of Northampton" only. See Ordinance for details. WPA Appendix B Page 1 of 6 Rev, 02!00 1a_ 0 33E > a.. u': n. �..., �. ns..._.. m.:..... wt. s:::.. n¢ ::_..,..,..._u.ns:..::.a :...... .....::.�.0 ......_...,.... a._.. ..._.u.:,.u....,_�.t,.._...�... n..u.,... ........u..u._. ..a._.. .........,.. a. W....,,._........ a_ a..... n._ w....... uL.. �.... _.m.�...,a.....,mn........._.�. ,_.....,...__,. .._._. Massachusetts Department of Environmental Protection Bureau of Re sou rce'P rote ction - Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Pititection Act M.G.L. C. 131, §40 ' 11 �vj x „ City of Northampton, Wetlands Protection Ordinance, Chapter 24 ; B. Fees (cont.) Abbreviated Notice of Intent (Form 4) or Notice of Intent (Form 3): The fee should be calculated using the following six -step process and worksheet: Step 11Type of Activity: Describe each type of activity (see Section D for a list of activities) that will occur in wetland resource area and buffer zone. If filing under the Northampton Wetlands Protection Ordinance only, go directly to Step 6. Step 2 1Number of Activities: Identify the number of each type of activity. Step 3 /Individual Activity Fee: Identify each activity fee from the six project categories in Section D. Step 4 /Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to'.reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 51TotaUProject Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6 /Fee Payments: For a filing under both the Massachusetts Wetlands Protection Act and the Northampton Wetlands Protection Ordinance, calculate the state share of the fee by dividing the total fee in half and subtracting $12.50. To calculate the Northampton share of the fee, divide the total fee in half and add $12.50 plus all Category 7 fees. If not filing under the Massachusetts Wetlands Protection Act, enter all Category 8 fees only. Step 'I/Type of Activity Step 2/Number Step 3 /Individual Step 4 /Subtotal of Activities Activity Fee Activity Fee f hoUSe 1 0 2� Z 50 Steep 51Total Project Fee: 2 CjQ Step 6 /Fee Payments:(from Step 5) Share of filing fee payable to State: (W total fee, less $12.50) 1 1 2 50 Type 1: Filed under both Massachusetts Wetlands Protection Share of filing fee payable to'Northampton: Act and City of Northampton (1/2 total fee, plus $12.50) W etlands Protection Ordinance + Category 7 fee payable to Northampton: $ 70.00 Total Fee Payable Tor: "City of Northampton "�7 -� 5� Type II: Filed under Northampton Category 8 fee only — Wetlands Protection Ordinance n /y. See Ordinance for details. Total Fee Payable To: "Clay of Northampton" Page 2 of 6