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Generic permit and flood control dikes to DPW 2002 plus historyImportant: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. WPA Form 5 Rev. 02/00 Doc; 99? OR /6728/0114 07/29/200215;46 Massachusetts Department of Environmental Protection Bureau of Resource_ Protection Wetlands__ WPA Form 5 Order of Conditions (For Maintenance) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information From: Northampton Conservation Commission This issuance if for (check one): Order of Conditions Amended Order of Conditions To: Applicant: Northampton Department of Public Works Name 125 Locust Street Mailing Address Northampton MA 01060 City/Town State Zip Code 1. Project Location: Various locations throughout the City Street Address N/A Assessors Map /Plat Number 2. Property recorded at the Registry of Deeds for: N/A County Certificate (if registered land) 3. Dates: October 23, 2001 Date Notice of Intent Filed 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Northeast Section, Northwest Section, Southeast Section Southwest Section 10/2001 Date Known Culvert Crossings submitted with the application 10/2001 Letter dated March 12, 2002 from Northampton DPW to the Northampton Conservation Commission 5. Final Plans and Documents Signed and Stamped by: N/A Name 6. Total Fee: Exempt (from Appendix B: Wetland Fee Transmittal Form) April 11, 2002 Property Owner (if different from applicant): City of Northampton Name 210 Main Street Mailing Address Northampton City/Town Northampton, Florence Leeds City/Town N/A Parcel /Lot Number N/A Book Date Public Hearing Closed May 13, 2002 Date of Issuance DEP File Number: 246 -497 Provided by DEP MA 01060 State Zip Code N/A Page Page 1 of 7 YY WPA Form 5 Rev. 02/00 Doc, 9922223 /6728/0115 07/29/200215 :46 �l Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions (For Maintenance) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: Public Water Supply Private Water Supply Groundwater Supply Land Containing Shellfish DEP File Number: 246 -497 Provided by DEP Prevention of Pollution Fisheries Protection of Wildlife Habitat Storm Damage Prevention 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. Through public hearing and documentation, the Commission has found that the Department of Public Works has responded to DEP and Massachusetts Natural Heritage concerns with detailed specifications on how work will be conducted within existing structures, culverts, etc. This Generic Notice of Intent also establishes clear protocol for all DPW employees to follow when working within the buffer zones and resource areas beyond previous Generic Notice of Intent documents approved by the Northampton Conservation Commission. 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 WPA Form 5 Rev. 02/00 Doc: 992222311 OR /6728/0116 07/29/2002 15; 46 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions (For Maintenance) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -497 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within five years (maintenance order) 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 sites where repair of culverts, ditches, headwalls ect. will be conducted for more than one day not less then two square feet or more than three square feet in size bearing "Massachusetts Department of Environmental Protection" [or, "MA DEP"' "File Number 246 -497 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. The work shall conform to the plans and special conditions referenced in this order. 12. Any change to the plans identified in Condition #11 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. 13. 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. Page 3 of 7 WPA Form 5 Rev. 02/00 Doc: 712317 OR /6728/0117 07/29/200215146 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions (For Maintenance) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 14. 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. 15. 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 DEP File Number: 246 -497 Provided by DEP 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 WPA Form 5 Rev. 02/00 Doc: 9921 l7 OR /6728/0118 07/29/200215 :46 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 (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. On May 13, 2002 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner (if different from applicant). Signatures: Day before me personally appeared 4 C ,UOVe_ r>`a.Ye.A to me known to be the person described in and who executed the foregoing acknowledged that fie /she executed the same as his /her free act and deed. notary Public This Order is issued to the applicant as follows: by hand delivery on Date Of 1 OrT7D, Month an Year tt My Commission Expires May 13, 2002 Date Cr r DEP File Number: 246 -497 Provided by DEP Date sent to DEP: May 13, 2002 Page 5of7 WPA Form 5 Rev. 02/00 Doc; 99277 OR /6728/0119 07/29/2002 15: 46 '1 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions (For Maintenance) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -497 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 WPA Form 5 Rev. 02/00 Doc: 9922223"0R /6728/0120 07/29/2002 15:46 Massachusetts Dep of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 5 Order of Conditions (For Maintenance) 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: for: Northampton Conservation Commission Please be advised that the Order of Conditions for the Project at: 246 -497 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County 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 Applicant Book Page DEP File Number: 246 -497 Provided by DEP Page 7 of 7 Doc: 9 at2317 OR /6728/0121 07/29/2002 15; 46 "Attachment A" 16. 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. 17. 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; 18. 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 Connnnission, in accordance with 310 CMR 10.00, and City of Northampton Ordinances Chapter 24; 19. 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. EROSION AND SEDIMENTATION CONTROL: 20. Areas of construction shall remain in a stable condition at the close of each work/construction day: A. Erosion controls shall be inspected at this time, and after each rainstorm. B. Any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas. C. Any breaches in the siltation barriers shall be repaired prior to leaving the site for the day. D. All erosion controls must be maintained or reinforced to meet specifications in the plans and this order and shall be replaced as necessary. E. 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. 1 n Doc: 9922ca17 OR /6728/0122 07/29/200215:46 21. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass shall be established, following Natural Resources Conservation Service (NRCS) procedures, to prevent erosion and sedimentation. A. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by straw, jute netting, or other NRCS- approved methods. B. Any stabilization materials such as jute netting shall be firmly anchored to prevent therm from being washed from slopes by rain or flooding. 22. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction: A. All stockpiled materials shall be located outside of the wetland resource areas and 100 -foot buffer zone, and shall be stabilized to prevent erosion and sedimentation into the wetland resource area. B. Sedimentation and erosion control devices shall be placed according to standards set in the Natural Resources Conservation Service's, "Massachusetts Erosion and Sediment Control Guidelines Manual C. Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. D. Hay bales must be staked. Silt fencing must be installed in a dug trench and have sufficient porosity to allow detained water to pass through while trapping suspended sediments; E. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; F. Erosion control devices shall remain in place until all disturbed surfaces have been stabilized with a vegetative cover or until the Commission has authorized their removal. Areas that cannot be permanently stabilized within 30 days of disturbance shall be stabilized by temporary measures acceptable to the Conservation Commission. 23. All exposed subsurface soils shall receive a minimum of 2 inches of loam or topsoil prior to seeding and final stabilization. OR A. All exposed subsurface soils shall receive a minimum of 6 inches of loam or topsoil prior to seeding and final stabilization. 2 OTHER CONDTIONS: 1 T Doc: 992222317 OR /6728/0123 07/29/2002.15:46 24. The following activities are permitted without additional notification to or review by the Conservation Commission when such work is done with hand tools and /or when all machinery is resting on a road surface, but not when the work will require machinery in a wetland or an unpaved wetland buffer zone or will expand or widen a structure in a wetland or wetland buffer zone: A. Regrading of City maintained gravel roads, placement of additional gravel /fill on road surfaces to fill potholes, but not to include widening of roads or changing of road grades. B. Cleaning, maintenance, and repair of storm water culverts under roads and of culvert head and end -wall structures, including mortar and pointing of damaged concrete. C. Cleaning of catch basins, replacing catch basins with sumps or other structures. D. Cleaning, maintenance, and repair of storm water sewer outfalls and end -wall structures, including mortar and pointing of damaged structures, but not the replacement of pipes, headwalls or other structures. E. Cleaning, maintenance, and repair of bridge decks, bridge concrete abutments, including mortar and pointing of damaged structures but not replacement of bridge decks, widening of bridges. F. Cleaning, maintenance, and repair of pipes, headwalls and other sanitary sewage structures, but not the replacement of pipes, headwalls, or other structures. 25. Written notification to the Commission at least one week in advance of work shall be given for: A. Replacement of stonnwater culverts. B. Replacement of headwalls or wingwalls. C. Replacement of storm/sewer lines within BVW or riverfront, but not repair so long as the location of the line is not changed. D. Repair, enhancements, expansions to drainage swales other than the routine cutting /mowing that abut wetland resource areas. E. Fill brought into the floodplain indicating foot for -foot replacement of materials. 26. The following work is not covered in the Generic Notice and requires further filing of a 3 �\A Doc: 9(...2317 OR /6728/0124 07/29/2002 15:46 n Notice of Intent or a Request for Determination: A. Work within a waterway or wetland resource area other than for cleaning culverts. B. Replacement of bridge decking, new culverts, roadway expansions, replacements of stornwater and sanitary sewer lines in new locations and any other new stornwater management facilities placed within the jurisdiction (other than buffer) of the Conunission that will alter waterways or wetlands. 27. If work is planned in a Rare Species Habitat Area shown on the most current Estimated Habitats of Rare Wetlands and Certified Vernal Pools Map outside of existing road footprints or other footprints of existing structures, a written request must be sent to and a response received from Mass Natural Heritage Endangered Species Program, stating that the work may go forward without the need to file a Notice of Intent. 4 Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. WPA Form 5 Rev. 02/00 ;CDoc: 992024586 OR ,/6063/0080 11/13/2f0 :28 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 A. General Information From: Northampton Conservation Commission Conservation Commission This issuance if for (check one): Order of Conditions Amended Order of Conditions To: Applicant: Property Owner (if different from applicant): Northampton Department of Public Works Name 125 Locust Street Mailing Address Northampton City/Town 1. Project Location: Federal Street (Site 1) and River Road (Site 2) MA 01060 State Zip Code Street Address Site 1 Map 31A, Site 2 Right of Way Assessors Map /Plat Number 2. Property recorded at the Registry of Deeds for: Hampshire County Certificate (if registered land) 3. Dates: August 4, 2000 September 11, 2000 Date Notice of Intent Filed Date Public Hearing Closed 4. Final Approved Plans and Other Documents (attach "Plans for Construction of Mill River Retaining Walls, Prepared by Dufresne Henry. Title 5. Final Plans and Documents Signed and Stamped by: Name 6. Total Fee: Exempt (from Appendix B: Wetland Fee Transmittal Form) City of Northampton, c/o Dept. of Public Works Name 125 Locust Street Mailing Address Northampton City/Town Northampton City/Town Parcel /Lot Number Book Page October 10, 2000 Date of Issuance DEP File Number: 246 -474 Provided by DEP MA 01060 State Zip Code additional plan references as needed): Northampton, Massachusetts, Sheets C1 C5," July, 2000 Date Page 1 of 7 WPA Form 5 Rev. 02/00 CD Doc: 992024586 OR /6063/0081 11/13(j) 10:28 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: 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 General Conditions (only applicable to approved projects) DEP File Number: 246 -474 Provided by DEP 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). 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 WPA Form 5 Rev. 02/00 Doc: 992024586 OR /6063/0082 ;13/200010 :28 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 (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP "File Number 246 -474" 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. DEP File Number: 246 -474 Provided by DEP 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. Page 3 of 7 WPA Form 5 Rev. 02/00 m 992024586 OR /6063/0083 11/13/20L 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 (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his /her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and /or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Additional Conditions (Attachment A) Findings as to municipal bylaw or ordinance Furthermore, the Northampton hereby finds (check one that applies): Conservation Commission that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw DEP File Number: 246 -474 Provided by DEP 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 clans. specifications. or other proposals submitted with the Notice of Intent. Page 4 of 7 Massachusetts Dep g ent 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 (coat.) This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Date This Order must be signed by a majority of the conservation commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate regional office of the Department of Environmental Protection. Signatures: El Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission and to the applicant, if he /she is not the appellant. On this 25t1. day of September Month 2000 Year before me personally appeared Michael Reed to me known to be the person described in and who executed the foregoing instrument and acknowledged that he /she executed the same as his /her free act and deed. Notary Public May 31, 2007 My commission expires This Order is issued to the applicant as follows: Date by certified mail, return receipt requested, on Date and delivery on October 10, 2000 The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, §40 and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Rev.10 /98 Page WPA Form 5 Rev. 02/00 Northampton Conservation Commission Doc: 992024586 OR /6063/0085 10:28 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 Conservation Commission DEP File Number: 246 -474 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. Page 6 of 7 WPA Form 5 Rev. 02/00 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 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: for: Northampton Conservation Commission Conservation Commission Doc: 992024586 OR /6063/00 i 11/13/200010 Please be advised that the Order of Conditions for the Project at: Federal Street (Site 1) and River Road (Site 2) 246 -474 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampshire County Book Page City of Northampton Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: October 10, 2000 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant DEP File Number: 246 -474 Provided by DEP Page 7 of 7 Vehicle Access /Storage: ATTESTs AM SE Doc: 992024586 OR /6063/0081 11/13/2000 10:28 ATTACHMENT A 18. 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. 19. 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; 20. 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; 21. 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. 22. 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. 23. All equipment shall be stored outside of the 100 -foot buffer zone at the close of each work day, in an area which shall be clearly identified on the plans, and physically located in the field through use of flagging and /or a construction barrier. 24. At the Federal Street site, access to the gravel path adjacent to the work area shall be restricted during active work. a MAIANNE L. DONOHUE AEGZSTE1 310C1\"1.0. 10.99 Form 5 Commonwealth of Massachusetts Public water supply Private water supply Ground water supply Doc; `980009565 OR /5351/0269 04/22/1998 0. Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and the Northampton Wetlands Protection Ordinance From Northampton Conservation Commission Issuing Authority To: City of Northampton c/o Mayor Mary Ford Department of Public Works Name of property owner Name of Applicant City Hall, 210 Main Street, Northampton, MA 125 Locust Street, Northampton, MA Address Address This Order is issued and delivered as follows: Via intra -City mail [X] by hand delivery to applicant or representative on September 5, 1995. Amended: March 27, 1998.(date) by certified mail, return receipt requested on (date) This project is located in Northampton at VARIOUS LOCATIONS IN NORTHAMPTON. The property is recorded at the Registry of Hampshire County Book Page Certificate (if registered) N/A 'The Notice of Intent for this project was filed on July 17, 1995. (date) Amended: January 9, 1998 The public hearing was closed on August 14, 1995. (date) Amended: February 23, 1998 Findings: The Northampton Conservation Commission has reviewed the above referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Conservation Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): [X] Flood Control [X] Storm damage prevention [X] Prevention of pollution Total Filing Fee Submitted $Exempt State Share City Share fee in excess of $25) Total Refund Due City Portion State Portion (1/2 total) (1/2 total) 1 r DEP File No. 246 -382 I I (To be provided by DEP) City /Town Northampton Applicant Department of Public Works Map N/A Parcel Land containing shellfish Fisheries Protection of Wildlife Habitat Doc: 980009565 OR /5351/0270 04/22/1998 08,52 Therefore, the Northampton Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above. The Conservation Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions: ti. 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, by -laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or 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. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings, before the Depaitauent have been completed. 8. No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of 2 'Doc: 980009565 OR /5351/0271 04122/1'08 :52 title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. The Commission usually will record the Order in the Registry of Deeds. It is the applicant's responsibility to insure the Order is properly recorded. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the works, "Massachusetts Department of Environmental Protection, File Number 246 382 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: PLANS /TITLE DATED SIGNED STAMPED BY: Exhibit #1 Northampton Street Map 07/18/95 Exhibit #2 Maintenance to Meadow Roads Exhibit #3 Standards Concrete Ends for Culverts Amendments to Dept. File No. 246 -382, Notice of Intent to do maintenance on a 'shoal in the Mill River South of the West Street Bridge and Notice of Intent to do Maintenance on the Dike System Through- out the City of Northampton All Plans and information on file with Northampton Conservation Commission 3 PECIAL CONDITIONS: Doc: 980009565 OR /5351/0272 04/22/1998 08:52 13. The applicant shall notify the Commission, in writing, as to the date that the work will be commencing on the projects. 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; 14. All materials removed from culverts, catchbasins, other structures and resource areas, must be removed from and disposed of outside of the 100 year floodplain, not within 100 feet of a wetland or 40 feet of a 100 -year floodplain, as defined in 310 CMR 10.00, and City of Northampton Ordinances Chapter 24. The areas shall not be permissible disposal sites, unless such areas are specifically approved by the Comission; 15. Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 16. Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas, and shall be implemented prior to any construction. Sedimentation and erosion control devices shall be placed according to standards set in U.S.D.A. Soil Conservation Service, "Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts Placement of sedimentation and erosion control shall be directed at the site by the project engineer in order to accomplish maximum control of erosion to ensure that no eroded materials will enter wetland resource areas. Hay bales must be staked. Silt fencing must be installed in a dug trench with sufficient porosity to allow detained water to pass through while trapping suspended sediments; 17. Areas of construction shall remain in a stable condition at the close of each construction day. Erosion controls shall be inspected at this time, and maintained or reinforced to meet specifications in the plans and this order; 18. All construction areas shall be restored to original condition or better upon completion of the project, including replanting of vegetation; 19. The Commission and its agents shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Act, and Wetlands Protection Regulations: 310 CMR 10.00 and Chapter 24 of the City's Ordinances: "The Wetlands Protection Ordinance They shall have the right to request and receive any data or documentation that is deemed necessary for evaluation of compliance. 4 1 i 1 21. Doc: 980009565 OR /5351/0273 04/22/1 The Conservation Commission (or members appointed by the Commission to perform this function) has the right to require a separate Notice of Intent for projects that it finds need a more detailed review. 20. This Order of Conditions shall apply only to work performed by employees of the Department of Public works and not to contractors hired by the DPW or the City. 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 DPW employees whenever work is occurring on any site. 22. All fill used in a project shall be clean fill, including soil, gravel, rock, and loam. The applicant is prohibited from using demolition materials, asphalt, large chunks of concrete, tree stumps and limbs, and general refuse; 23. The following activities are permitted without additional notification to or review by the Conservation Commission when such work is done with hand tools and /or when all machinery is resting on a road surface, but not when the work will require machinery in a wetland or an unpaved wetland buffer zone or will expand or widen a structure in a wetland or wetland buffer zone: A. Regrading of City maintained gravel roads, placement of additional gravel/fill on road surfaces to fill potholes, but not to include widening of roads or changing of road grades. B. Cleaning, maintenance, and repair of storm water culverts under roads and of culvert head and end -wall structures, including mortar and pointing of damaged concrete. C. Cleaning of catch basins. D. Cleaning, maintenance, and repair of storm water sewer outfalls and end -wall structures, including mortar and pointing of damaged structure, but not the replacement of pipes, headwalls or other structures. E. Cleaning, maintenance, and repair of bridge decks, bridge concrete abutments, including mortar and pointing of damaged structure but not replacement of bridge decks, widening of bridges. F. Cleaning, maintenance, and repair of pipes, headwalls and other sanitary sewage structures, but not the replacement of pipes, headwalls, or other structures. 5 Doc: 980009565 OR /5351/0274 04/22/M8 08,52 24. The following activities are covered under this Notice, but only after written notification to the Conservation Commission and Conservation Commission approval. The Commission reserves the right to require additional information, place conditions on how work is performed, or require a separate Notice of Intent be filed for such work. A. All items listed in condition #23 above which require machinery in a wetland or unpaved wetland buffer zone or which would widen or enlarge structures in or above a wetland or buffer zone. B. Replacement of culverts, endwalls, and associated utilities under and adjacent to roads and waterways. C. Cutting of brush with hand- operated tools only shall be allowed on areas of the dike adjacent to water and on the shoals. Burning of brush on portions of the dike not adjacent to the waterways shall be allowed. For sections of the dike adjacent to the river, no burning shall be allowed below the 100 -year flood elevation. 25. Activities not described in this Order to be undertaken in a resource area or buffer zone shall require a separate Notice of Intent or Request for Determination of Applicability. 26. Work shall be done during low flow or dry conditions when possible. 4 27. If work is planned in a Rare Species Habitat Area shown on the 1997 -98 Estimated Habitats of Rare Wetlands and Certified Vernal Pools Map (see enclosed photocopies of effected areas), no work may take place in these areas until a written request has been sent to and a response has been received from MA Natural Heritage Endangered Species Program, stating that the work may go forward without the need to file a Notice of Intent. 6 Doc. 980009565 OR /5351/0215 04/22 /1998 08 :52 b PL) 310 CMR: DEPA1, 4IENT OF ENVIRONMENTAL PRO( TION 10.99: continued Issued by the Northam_n _ton Conservation Commission Signature(s .■•1 gas This Order must be signed by a majority of the Conservation Commission. On this Z appeared File Number 4/1/94 day of 1 19 6 the foregoing instrument, and acknowledged that he /she executed the same ATTEST HAMPSHIRE before me personally to me known to be the person described in, and who executed, My Co as his/her free act and deed. sion Expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding.Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. To Northampton Conservation Commission Issuing Authori7'' Please be advised that the Order of Conditions for the project at has been recorded at the Registry of and has been noted in;tlih'Ehain of title of the affected property in accordance with General Condition 8 on If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 41,1 REGISTER MARIANNE L. DONOHUE 19 310 CMR 423 423 Form 7 4/1/94 i 310 CMR: DEPARTMENT OF ENVIRONMENTAL PRO_ CTION Doc: 980017700 OR /5419/0071 07/01/199812; 44 Commonwealth of Massachusetts From Northampton Conservation Commission TO City of Northampton DPW EXTENSION PERMIT This Extension Permit will expire on July 18, 2001 (Leave Space Blank) DEP File No. 246 378 (To be provided by DEP) City /Town.Northampt_on Applicant Department of Public Works MASSACHUSETTS WETLANDS PROTECTION ACT, G.L. c. 131, §40 and THE CITY OF NORTHAMPTON'S WETLAND'S PROTECTION ORDINANCE, Ch.24 Issuing Authority 125 Locust Street, Northampton, MA 01060 (Name) (Address) July 18, 1995 The Order of Conditions (or Extension Permit) issued on (date) the Department of Public Works the shoal behind the Waste Water Treat- to for work at ment plant and various manhole locations l (name) (address) is hereby extended for a period of year(s) from the date it expires. This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. (date) 310 CMR 426 426 10.99: continued Issued by Northampton Conservation Commission Signature(s) When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. g On this day of appeared executed, the foregoing instrument, and acknowledged that he/she the same as his/her free act and WAYNL. I.EIDEN Notary Public ACev 7441-- My Comm. Expires Dec. 27, 2002 Notary Public deed. 4/1/94 310 CMR: DEPAlcAIVIENT OF ENVIRONMENTAL PRO\ ;TION C 45' a d Doc: 980017700 OR /541970072 07/01/1998 12:44 19 before me personally to me known to be the person described in, and who My Commission Expires LTTEST: HAMPSH/RE REGISTEk MARIANNE L. DONOHUE Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. To North. mpton Conservation Commission Issuing Authority Please be advised that the Extension Permit to the Order of Conditions for the project at File Number has been recorded at the Hampshire County Registry of Deeds and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 310 CMR 427 427 VU/G' /U;1 11:33 `t3'94135871264 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT -OF- ENVIRONMENTAL PROTECTION WETLANDS PROTECTION ACT H.G.L. c.131 540 310 CHR 10.00 CERTIFICATION OF EMERGENCY LOCATION OF WORK: Street: G•�g city /town: Nth' 4- kic. 1. The applicant hereby request° the Issuing Authority (Conservation Commission or the Department of Environmental Protection) to certify the following project as an emergency project: (describe work to be allowed, and attach supplemental information if more apace is needed) I a O F Cory St-WA" t w n 124 v.AA cr1 4 a �tn W I 1 be. 1,■.5e.4 +o verd o l 1t I r e r-ec, 2: The project is necessary for the protection of the health and safety of the citizens of the Commonwealth because rAA.. Sg wasp IC,::r s` 9Yt) l�:�lS� 02 w ZOO' o4' 'v V a 3. The agency (or subdivision thereof) of the Commonwealth that has ordered the project to be performed is: DPW -h- Div ■S/irv-N 4. No work shall be beyond that necessary to abate the emergency. The date work shall be completed by Npr41 15. ZOd 2 Not to exceed 30 days without written approval of the Commissioner of the Department of Environmental Protection (DEP). BY: (If box is checked, see attached conditions) NORTHAMPTON, MA qi(bi 1 3 2- (date) On the basis of the above information, and after a site inspection, the project described above (and in any Supplemental i formation provided) is determined to be a certified erge( pursua 0 ct 0.06. ISSUING AUTHORITY: �J( 10•x' (Conservation Commission or DEP) Date Issued: w;11 be. 4 co u.,,,kcl w ho. J__ f p-e vc W se war a (Effective 8/14/92) J-4. Garr/ex-61H, 1) 002 Apr 05 02 08:02a April 5, 2002 Dear DPW, This morning as I was walking along the Mill River path, I noticed what I thought was an unusually large amount of water flowing out of the side of the hill above the path. This water seemed to have a bad odor to it, but it was hard to' tell. There was no apparent source of the water other than it seemed to be flow fairly rapidly out of the ground about half -way up the hillside. It may just be ground water, but you might want to send someone over to check if it could be a pipe of some sort. I've drawn a map below indicating the approximate location of the water's source. Richard Winnick 50 Washington Ave. 4, EeNc r northampton highschool (1 41 b ps 5c*4 C- o F A" (.J A7 4135871374 p.1 I Report of sewer leak at end of Dryads Green on 4/5/02 At approximately 9:30 A.M. Today, I received the attached report from Richard Winnick. Dave Lucy Deputy Superintendent and I immediately went to the footpath along the Mill River between Federal Street and Paradise Road. Using the map supplied by Mr. Winnick we were able to go directly to the trouble spot. We inspected the area and found a spot where sewage was coming out of the ground. We then called and had the jet rodding machine brought to the area. This was approximately 40 minutes latter. We jet rodded from a manhole over the main trunk line that runs parallel with the MW River, up hill in the direction of Dryads Green To a manhole at the top of the hill, this did not stop the sewage that was coming out of the ground. We then dug a trench to a manhole at the base of the hill to direct the sewage to it. Next we brought in bails of hay to restrict any flow that might seep toward the river, and spread.lime to dilute the contaminated area. We then installed a section of pipe from the area where the sewage was coming out of the ground to the lower manhole to eliminate any over the ground flow. On Monday 4/8/02 Dave Lucy made contact with Smith College Bob Dombkowski superintendent of grounds, Bill Belden outside foreman of gardens, and Frank Ferman superintendent of plumbing) and received permission to perform excavation work between Dryad Green and the foot path along the Mill River, to install a new sewer main. A by pass was installed, two 6 inch maple trees removed, and excavation began on Tuesday 4/9/02 and completed on Friday 4/12/02. There will be clean up work to backfill the trench and restore the area to finish grade in the next few days. Dave Lucey John Hall ruheries &ViIdIife November 19, 2001 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 Dear Commissioners: On October 29, 2001, the Natural Heritage Endangered Species Program NHESP) received a Notice of Intent from the Northampton Department of Public Works for various projects within the City ofNorthampton. This NOI is incomplete and the rare species review period has not begun because a map indicating where proposed projects would take place within estimated habitat for rare species was not received. A generic NOI is not appropriate for work within areas of estimated habitat. The NOI should indicate specifically what work is proposed in estimated habitat for rare species. The NHESP has made two; attempts by telephone (October 30, 2001 and November 14, 2001) to contact the DPW and request a map which cites specifically which of the many projects included in this generic NOI will occur in estimated habitat for rare species, as of today we have received no reply. Please note that the 30 day rare species review period will begin when all of the above information is received. Please feel free to call me at (508) 792 -7270 extension 148 if you have any further questions. Sincerely, Commonwealtn'of Massachusetts Wayne F. MacCallum, Director Erica McGra Wetlands Review Assistant cc: Northampton Department of Public Works Karen Hirschberg, DEP Western Regional Office file 4. Y Route 135, h Westborou MA 01581 Tel: (508) 792 -7270 x 200 F ax: 508 Westborough, 792 -7821 An Agency of_the�epartment_of Fisheries, Wildlife B_Environmentall,aw�nforcement to http:// www .state.ma.us /dfwele /dfw /nhesp Natural Heritage Endangered Species Program JANE SWIFT Governor WESTERN REGIONAL OFFICE Paulette Kuzdeba Northampton Department of Public Works 125 Locust Street Northampton, MA 01060 Dear Ms. Kuzdeba, COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION JAN 1 6 2002 DEPT OF PLANNING NORTHAMPTON, MA. 01060 D L December 13, 2001 Re: Generic Notice of Intent, Northampton DPW Maintenance Projects As a follow -up to your recent conversation with DEP'Regional Wetlands and Circuit Rider staff, I would like to provide background on the criteria found in DEP's Draft Guidance on Generic Notices of Intent (GNOI). These criteria limit impacts under the GNOI to those of Buffer Zones, Lands Subject to Flooding, Riverfront Area and intermittent streams when not-flowing. These criteria have been established for the express purpose of avoiding additional complex reviews by the Natural Heritage and Endangered species Program, and Sections 401 (Water Quality Certification) and 404 (Army Corps of Engineers Programmatic General Permit for Massachusetts) of the Federal Code, or any other regulatory requirements. Cumulative impacts to Bordering Vegetated Wetlands, isolated wetlands and Lands Under Water are not quantified under the submitted GNOI. Given that great potential exists for exceeding federal regulatory thresholds as many projects are undertaken under a Generic Order of Conditions, the Department excluded work in these resource areas when developing the criteria for GNOI permits. Projects that include impacts to federal jurisdictional areas, and that are approved on the local level, will be subject to review for compliance under these federal regulatory programs. As you may know, the cumulative loss of more that. 5,000 square feet of Bordering and Isolated Vegetated Wetlands, and Land Under Water and /or the dredging of more than 100 cubic yards of Land Under Water prompts a review under the 401 Water Quality Certificate Program. In addition, a 1:1 replication of Bordering Vegetated Wetlands is required. Federal and state "r uireinents typically oblige the applicant to provide a surveyed plan of the work area, and quantification of resource areas lost and replicated. Under the Draft Guidance, individual site surveys are not' necessary to process a review of a GNOI,. however to compensate for this additional information in the form of an extensive project narrative and work details are required. The GNOI as submitted by the Northampton Department of Public Works does not provide the data necessary to This information is available in alternate format by calling Mar A D.A Coordinator at (617) 574 -6872 e.436 Dwight Street Springfield Massachusetts 01103 FAX (413) 784-1144 .:TDD' (413) 746-6620 Telephone (4131784 -1100 Printed on Recycled. Paper OB DURAND Secretary UREN A. LISS Commissioner determine if the federal or state requirements can be met. As submitted, adequate information appears to be present should the project be modified to reflect the Draft Guidance criteria on resource areas as described above. However, as the submission currently stands, a review under the federal requirements will necessitate the submission of critical additional information. Work within Natural Heritage and Endangered Species Program mapped polygons are also not suitable for inclusion in GNOIs, because additional agency input makes the review process complex and time consuming. Please see the Draft Guidance for a complete outline of projects that are not suitable for inclusion. Our goal has been to make the GNOI process efficient for the parties involved with their review, including conservation commissions and Departments of Public Works, and to avoid other agencies' regulatory review. The Draft Guidance is structured in part around this issue. The Wetlands Program encourages you to either modify your submission to reflect the Draft Guidance, or satisfy the regulatory requirements for submitting a Notice of Intent. Should you have additional questions about the Draft Guidance, feel free to contact Susan Gillan, Wetlands Circuit Rider, at 413 -755- 2147. Certified Mail #7001 0320 0003 0115 0960, return receipt requested Copy by fax Cc: Northampton Conservation Commission File Sincerely, ae/ qted Jeremiah Mew Wetlands Program Coordinator Western Regional Office George Andrikidis, P.E. Director, City Engineer Northampton Conservation Commission 210 Main Street City Hall Northampton, MA 01060 March 12, 2002 OF NORTHAMPTON, MASSACHUSEI DEPARTMENT OF PUBLIC WORKS 1:25_ Locust Street Northampton, MA 0106 413- 587 -1570 Fax 413- 587 -1576 RE: Generic NOI filed by the Department of Public Works To The Northampton Conservation Commission: This letter is in response to comments made by the Department of Environmental Protection (DEP) Wetlands Division when reviewing the Generic Notice of Intent (GNOI) for Maintenance Projects, filed by our department. We will address the issues raised by the DEP (see Attachment A), and are asking the Commission to act on our request for a permit to perform maintenance throughout the City of Northampton and issue an Order of Conditions for the proposed work. History: The DPW filed this permit application in October of 2001. The hearing was opened in November and at our request, continued multiple times until March 14, 2002. The continuances were requested with the hope of resolving comments issued by the DEP. In November, prior to our first hearing, I spoke at length (2+ hours) with Karen Hirschberg (Regional Wetlands Staff) and Sue Gillan (Wetland Circuit Rider). As a result of that conversation, Jeremiah Mew (Wetlands Regional Coordinator) issued a letter (dated December 13, 2001) informing us we needed to revise our permit application to conform to standards listed in a document entitled "For Internal Discussion Purposes ONLY, DISCUSSION DRAFT, Guidance on Generic Notice of Intent (GNOI) for Local Department of Public Works (DPW) Maintenance Projects, August 2001." We received a faxed copy of the letter on December 18, 2001. In January, I began extensive conversations with Jeremiah Mew, regarding the process, compliance with a "draft" document, and how to resolve the issue. I last spoke with Jeremiah on Monday, March 4, 2002. At that point in time, he had not yet reviewed our filing It was agreed that I would call back on Thursday, March 7, 2002, so we could discuss the DPW's filing and move the permit process forward. I called but did not speak with Mr. Mew, and left a voice mail to have him contact me. As of the writing of this letter, I have not received any contact from him. Pg.1 /1, C: \My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc Addressing of DEP Comments: 1. Work under a GNOI does not preclude the need for resource area delineations. The DPW agrees with this comment. Under each activity proposed within the GNOI, the DPW has included Standard Operating Procedures (SOPs) for the DPW to follow. Any proposed work with the potential to alter wetlands specifically states: "No alteration of a wetland /waterway will occur without further notification to or filings with the Conservation Commission." The DPW has, on staff, an Environmental Planner, who will review proposed work, flag any adjacent wetlands and make the determination if additional filings will be required with the Commission in conjunction with the Commission's professional staff. 2. Work under a GNOI is limited to Riverfront Area, Buffer Zones, Land Subject to Flooding and intermittent streams when dry. The DPW questioned the DEP on the reasoning for making this statement and was told that it was based upon an unofficial, non public document entitled: "For Internal Discussion Purposes ONLY, DISCUSSION DRAFT, Guidance on Generic Notice of Intent for Local Department of Public Works (DPW) Maintenance Projects, August 2001." The DPW believes that the DEP has no jurisdiction to make this statement, as it has permitted many GNOI's allowing work in more than the above referenced resource areas. Since 1990, the DPW in Northampton has applied for and received a minimum of 3 permits under the Wetlands Protection Act for a GNOI to conduct maintenance work throughout the City, and numerous other permits to conduct maintenance on flood control structures and facilities. The DPW believes that because the above referenced document is considered a "draft" and for "internal use only," the Commission and the DPW should not be held to its requirements. Prior to any policy becoming a guidance document of the DEP, it must receive public input and be reviewed and approved. This document has not received such input. When questioning who drafted the document and if any non -DEP personnel were involved in the drafting, the DPW was informed that it was an internally drafted document. It is our opinion that while this is a document that could be used to start a discussion in drafting a new policy, it should not be required to be adhered to for the purpose of obtaining a GNOI permit. As drafted, the document does not accurately and/or realistically reflect the work required to be completed by a DPW, nor does it allow a DPW to go about the business of maintaining infrastructure when appropriate protective measures are taken, as we believe have been proposed within the DPW's GNOI. 3. The manner in which additional projects will be added to the project list must be discussed. As stated within the DPW's GNOI, any additional work, not currently outlined within the application, will be discussed with their professional staff and brought before the Conservation Commission prior to implementation. As stated within past permits received by the DPW from the Conservation Commission, the limits on the type of work allowed and when a project will require additional filings with the Commission, will be agreed upon by the Commission and the DPW as part of the permit process and outlined within an Order of Conditions. 4. The following activities should not be reviewed under a Generic Notice of Intent [per the requirements of the draft policy document]: Work in Lands Under Water; i. The DPW is not requesting permission to work in any Land Under Water that has not already been altered with existing riprap and/or a culvert crossing. We are proposing only to be granted a permit to clean out existing culverts, plunge pools and riprap located at the inverts and outlets of pipes. Pg.2/2, C:\My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc Banks, other [than] that associated with intermittent streams; i. The DPW is requesting permission to work on banks for both intermittent and perennial brooks, for maintenance of existing structures. No additional alteration of Land Under Water that has not already been altered with existing riprap and /or a culvert crossing. We are proposing only to be granted a permit to clean out existing culverts, plunge pools and riprap located at the inverts and outlets of pipes in /adjacent to this resource area. Again, we believe this activity is exempt from the ACOE 404 program. Other work proposed would be for the maintenance and /or replacement of existing headwalls, endwalls and wing -walls within their existing footprints. Bordering Vegetated Wetlands (BVWs): i. The DPW is requesting permission to work within BVWs only to the extent of mowing, not permanently altering areas that have been historically mowed and maintained, adjacent to roadways and adjacent to cross country sanitary sewer trunk lines. Prior to work being done, the DPW will have any /all wetlands flagged and located to show the extent of non permanent alteration. In regard to potentially exceeding Federal regulatory thresholds, the DPW offers the following: The Army Corp of Engineers (ACOE), 404 Permit does not consider the cleaning out of existing culverts "altering of land under water, banks and/or wetlands," unless the activity would result in the annual loss of more than 5000 square feet cumulatively of bordering and isolated vegetated wetland and land under water. When inquiring of the ACOE if a single GNOI for multiple sites across the City would constitute a single activity (so that all impacts would be addressed cumulatively) we were told no, each culvert would be considered an individual activity, therefore cumulative alteration of more than 5000 square feet at each site would be the only way a 404 Permit review would be triggered. The DPW was directed to the "Department of the Army Programmatic General Permit for The Commonwealth of Massachusetts," specifically work classified under Category I, which is exempt from application and/or notification to the Corps, as long as a permit is obtained under the Wetlands Protection Act. Projects listed under: Category I, (A) Inland Waters and Wetlands, which would apply to the DPW's GNOI include: Category I (B) Navigable Waters: Pg.3 /3, C:\My Documents \DPW Issues \Wetlands \Projects \DPW Generic N0I \Rev March 02 memo to Commission.doc (c) Repair and maintenance of authorized fills: "Repair /maintenance of existing, currently serviceable, authorized fills with no expansion or change in use." (b) Repair and Maintenance Work: "Repair /maintenance of existing, currently serviceable, authorized structures and fills and Amnesty- approved fills, with no expansion or change in use. Must be rebuilt in same footprint." Work proposed in NHESP- mapped locations (Estimated Habitat of Rare Wildlife and Certified Vernal Pools): i. The DPW is not proposing any work within an estimated habitat of rare wildlife and/or certified vernal pools. However, a copy of the GNOI was filed with the NHESP because there are a number of polygons surrounding endangered species areas that also encompass adjacent roadways. What the DPW hoped to accomplish by filing with the NHESP, was to get a sign -off from the program stating: "work within the roadway (not adjacent resource area) will not alter an endangered species habitat." However, when the DPW attempted to work with NHESP we were met with a roadblock, due to comments issued by the DEP (see Attachment B). In speaking with Jeremiah Mew and discussing this topic, Mr. Mew concurred with our finding that maintenance work in the roadway should not affect habitat, and NHESP should be able to comment, but didn't due to DEP's comments. Any work that expands an existing structure is not suitable for inclusion in a GNOI: The GNOI filed by the DPW does not request or propose to expand any existing structure. What the DPW has proposed within the GNOI are upgrades to existing structures within the structure's footprint. No work is proposed within any wetland. Upgrades of existing drainage swales are proposed within the GNOI, to prevent additional sedimentation from reaching wetland resource areas. However, these swales are not currently located within a wetland but the 100 -foot buffer zone and/or Riverfront Area. Additionally, any upgrades would attempt to meet the requirements under the Stormwater Management Regulations and the future National Pollutant Discharge Elimination Standards (NPDES) Phase II requirements, effective March 2003. Herbicide treatment in areas subject to protection is not suitable for inclusion in a GNOI: The DPW included this item within the GNOI to inform the Conservation Commission of all activities which the DPW will be conducting adjacent to any wetland area. At present, mowing and some herbicide application takes place, and will continue to occur. Where it is not feasible to mow and vegetation growth may cause a danger for traveling along city roads, the application of herbicides will be used. All application of herbicides will be conducted by a licensed applicator and the DPW will follow the guidelines established within the Department of Food and Agriculture's "Rights of Way Management" contained within 310 CMR 11.00. Emergency projects (mentioned in narrative) should be reviewed under the emergency certification procedure. GNOI's are for routine maintenance, not emergencies. The DPW is well aware that there is a procedure to be followed for emergency certifications and are not requesting nor implying any exemptions by filing the GNOI. The inclusion of the DPW's emergency response procedures within the GNOI is for informational purposes, so that the Commission may have the opportunity to review and comment on our procedures to ensure adequate precautions are being taken to protect resources areas identified under the Wetlands Protection Act. Activities related to mosquito control may be, but are not necessarily, eligible for an exemption under the provisions found in paragraph 24 of the Wetlands Protection Act. Documentation of BOH findings under Chapter 252 should be provided to the Commission and DEP. As stated within the GNOI, the DPW has conducted mosquito control for many years. The application of chemicals has only been conducted and will continue to be conducted with the approval of the Board of Health (BOH), when a health and safety threat is determined under Ch. 252. 5. Please be advised that exempt status afforded to "water related existing and lawfully located structures" does not extend to public and sanitary and storm sewers maintenance, with the exception of Riverfront activities that meet 10.58 (6)(a). The DPW is aware that sanitary and stormwater sewer maintenance is not exempt under the "water related structures" as mentioned within the Wetlands Protection Act and Regulations. This is the reason why information regarding those activities has been included as "proposed activities" with appropriate SOPs listed to ensure the protection of resource areas identified within the Wetlands Protection Act and associated Regulations. Pg.4 /4, C: \My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc 6. This GNOI needs to be revised to adhere to the Draft Guidance on Generic Notices of Intent. The DPW will not be revising the application as submitted, except to reduce the amount of alteration of Land Under Water (LUW), as the cleaning of culverts will not result in the alteration of an area already containing riprap. The DPW respectfully disagrees with the DEP's finding that we must be held to standards as outlined within a "DRAFT, for INTERNAL DISCUSSION PURPOSES ONLY" document. The document was drafted using internal personnel within the DEP (who may not have the expertise to determine how maintenance activities should and can be realistically conducted by a DPW), has not undergone a public review, nor has it received any public input giving validity to the standards required to be met in the document. Additionally, the DPW is applying for a permit to conduct routine maintenance as has been conducted under multiple Wetlands Protection Act Permits issued by the Northampton Conservation Commission, since 1990, which received file numbers and were not appealed by the DEP. The only difference between this application and the previous applications is that this GNOI outlines in detail, precautions to be taken to afford protection to those resource areas identified within the Wetlands Protection Act. 7. Note: there should be no work proposed in the GNOI that would trigger regulatory jurisdiction under 314 CMR 9.00, however, this filing includes work that may require a 401 Water Quality Certification. As stated previously, the DPW had conversations with representatives of the ACOE and has determined that there will be no work conducted that would trigger a 404 permit, thus require a 401 Water Quality Certification. The DPW fully intends to comply with the permit conditions as stated within the ACOE's Programmatic General Permit for Massachusetts. The DPW believes we have adequately addressed the issues raised by the DEP, and are asking the Commission to act on our request for a permit to perform maintenance throughout the City of Northampton and issue an Order of Conditions for the proposed work. If there any additional questions regarding the information contained within this letter or the GNOI, we will be happy to address them at the continuation of our hearing. Sincerely, Paulette L. Kuzdeba, AICP Senior Environmental Planner Cc: G.Andrikidis, Director, Northampton DPW N. Huntley, Assistant City Engineer, Northampton DPW J. Mew, Wetlands Regional Coordinator, Western Region, DEP Pg.5 /5, C: \My Documents \DPW Issues \Wetlands \Projects \DPW Generic NOI \Rev March 02 memo to Commission.doc Form 7 Commonwealth of Massachusetts 310 CMR: DEPARTMENT OF ENVIRONMENTAL PRO TION EXTENSION PERMIT (Leave Space Blank) DEP File No. 246- 382 (To be provided by DEP) City /Town_Noxthamp oil Applicant parr o P Pu6�,t.I-ORK Assessor's Map Parcel 11 N/A MASSACHUSETTS WETLANDS PROTECTION ACT, G.L. c. 131, §40 and THE CITY OF NORTHAMPTON'S WETLAND'S PROTECTION ORDINANCE, Ch.24 From orthampton Conservation Commission Issuing Authority C ity of Northampton TO c/o Department of Public Works 125 Locust Street, Northampton, MA 01060 (Name) (Address) (Amended March 27, 1998) The Order of Conditions (or Extension Permit) issued on September 5, 199 (date) to City of Northampton /Department of Publi W o r k at VARIOUS LOCATIONS IN NORTHAMPTON (name) (address) is hereby extended for a period of year(s) from the date it expires. September 5, 1999 This Extension Peunit will expire on r (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. 4/1/94 310 CMR 426 426 10.99: continued On this l4tl1 appeared deed. 310 OVER: DEPAR MENT OF ENVIRONMENTAL PRC ,,CTION Ma Maronn A l &Aide_ Notary j(iblic day of September 7 /Z O5 My Commission Expires When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. 19 98 before me personally to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. To Northampton Conservation Commission Issuing Authority Please be advised that the Extension Permit to the Order of Conditions for the project at File Number has been recorded at the Hampshire County Registry of Deeds and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is ignature Applicant 4/1/94 310 CMR 427 427 Form 7 Commonwealth of Massachusetts 310 CMR: DI LRTMENT OF ENVIRONMENTAL 1 ,JTECTION EXTENSION PERMIT MASSACHUSETTS WETLANDS PROTECTION ACT, G.L. c. 131, §40 and THE CITY OF NORTHAMPTON'S WETLAND'S PROTECTION ORDINANCE, Ch.24 From ampton Conservation Commission Issuing Authority C ity of Northampton TO c/o Department of Public Works 125 Locust Street, Northampton, MA 01060 (Name) (Address) (Amended March 27, 1998) The Order of Conditions (or Extension Permit) issued on September 5, 199 (date) to City of Northampton /Department of Public W P ork at VARIOUS LOCATIONS IN NORTHAMPTON (name) (address) is hereby extended for a period of year(s) from the date it expires. September 5, 1999 This Extension Permit will expire on (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. (Leave Space Blank) DEP File No. 246- 382 (To be provided by DEP) City /Town Northamptoi Applicant parr 6 P PUKAZ-4)0 Assessor's Map Parcel N/A 4/1/94 310 CMR 426 426 0 Cr) 0 0 0 10.99: continued _ssued by Northam On this 14th appeared deed. Notary," blic 4/1/94 ATTEST: EAMP MIRE j 1i 310 CMR: Di IRTMENT OF ENVIRONMENTAL 1 )TECTION Mason Maronn •1 •1 r a 11 •1 Signature s —Se I L Zig aff When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. Conditions on 19 day of September REGISTE 1"1ARIANTNE %e DO1 QJa1TE 19 98 before me personally to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed the same as his /her free act and 1 da d€ zq /0c My Commission Expires Detach on dotted line and submit to the Northampton Conservation Commission prior to commencement of work. To Northampton Conservation Commission Issuing Authority Please be advised that the Extension Permit to the Order of Conditions for the project at File Number has been recorded at the Hampshire County Registry of Deeds and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is ignature Applicant 310 CMR 427 427 LSD UD UD LLD 00 NORTHAMPTON, MASSACHUSETTS I,OCAL PROTECTION PRO.IECT ANNTTAT, INSPF,CTION 02 OCTOBER 1997 Northampton Pumping Station 1. Diesel engine (Engine N'o. 3) and pump operated satisfactorily. (669.7 hrs) 2. Engine and pump No. 1 operated satisfactorily. (988.2 hrs) 3. Engine and pump No. 2 operated satisfactorily. (1084.8 hrs) 4. The sump pump operated satisfactorily. 5. Four electric gates in the station operated satisfactorily. The outside gate would not close. This problem should be corrected as soon as practical. 6. The emergency generator operated satisfactorily and power transfer was made under load. (115.0 hrs) 7. New interior emergency lights have been installed. 8 The shoal and vegetation in the outlet channel should be removed. The city must obt1a4ll necessary local, state and federal permits before working in the outlet channel. 9. Fire bottles have been serviced, February 1996. 10. The 16" electric pump has been rebuilt. Installation will be completed on Tuesday, 07 OCT 97. 11. Paint on the upper portion of the interior walls is peeling. 12. New fuel lines have been installed on all gasoline pump engines. 13. New exterior spot lights have been installed on the roof. 14. Graffiti should be removed from the landside of the floodwall on the north side of the pumping station. 15. Brush growing on the riverside end of the dike near the north wall of the pumping station should be removed. West Street Pumping Station: 1. The engine and pump operated satisfactorily (6.4 hrs). Dikes and F000dwalls 16. Brush growing along the riverside toe of the dike, south of the pumping station, should be removed for a distance of 15' from the toe. 1. All dikes have been recently mown. The vegetative cover (grass) is in good condition. A slightly eroded area on the landside of the dike near the north wall of the Northampton pumping station shouldbe seeded and mulched. Any ruts from mowing and minor erosion should be repaired as part of routine maintenance of the project. All trees, shrubs and other woody vegetation within 15° of the riverside or landside toe of all dikes and floodwalls should be removed as part of the routine maintenance of the project. 3. All rip rap surfaces have been treated with herbicide as necessary to control vegetative growth. The herbicide treatment was very effective. 4. The Mill River Dike (adjacent to Smith College) is in very good condition. Mowing of land side of the Dike was in progress during the inspection. Treatment of undesirable vegetation on the river side with herbicide has been completed. 4 Graffiti on the concrete walls of the Mill River (West Street) road closure and adjacent to the north side of the pumping station should be removed. Trees and shrubs on either side of the floodwall should be routinely removed for a distance of 15 feet from the base of the wall. Treatment of vegetation with herbicide to prevent sprouting, in accordance with state regulations, is recommended. 6. The stop logs and metal components for the Mill River dike closure (West St.) are stored at the DPW yard. Sand bags are also stored at this location. 7. All closure structures were inspected and are in good condition. Embedded steel in the closure slots is in good condition. The stop logs and metal components for closure structures at Route 5 and the railroad tracks are located in shelters adjacent to the closure structures. Inspection of metal components in the road surface of West Street and Route 5 was not possible as they are below the paved surface.. The rip rap slope at the south end of the Mill River Dike adjacent to Hebert Avenue has been cleared of brush and small trees. Any remaining woody vegetation on the riverside of the dike and floodwall near the old railroad bridge should be removed. 2 Banks. Minor woody growth is present on rip rap surfaces of the Mill River Diversion. This vegetation should be removed while it is small. The control of vegetative growth on rip rap surfaces via continued herbicide application (Licensed Contractor) in accordance with state regulations is recommended. Where herbicide application is prohibited, brush should be removed by cutting. Obstruction Control: The vegetation on the shoal in the Mill River diversion channel downstream of the West Street bridge (Rt. 66) should be removed. The shoal should be removed. The brush and tree growth along both banks downstream of the West Street bridge should be removed. Treatment of the stumps with a state approved herbicide is recommended. The city should obtain all necessary local, state and federal permits before working in the Mill River channel. 2. Minor debris in the Mill River channel upstream of the West Street Bridge should be removed. 3 A small shoal has formed upstream of the Route 66 bridge. The shoal and associated vegetation should be removed. General: As discussed during the inspection, the City of Northampton must obtain all necessary local, state and federal permits prior to working in the Mill River, or the pumping station outlet channel. 2. A copy of the 1966 and 1997 semi annual reports should be provided to Mr. Faloretti. 3. The safety rail between the floodwall and the east bank of the Mill River has been partially repaired. Repairs should be completed. 4. Mr. George Brehm has replaced Mr. James Dostal as Superintendent of the Northampton Waste Water Treatment Plant. 3 LOCAL FLOOD PROTECTION PROJECT Project: Northampton, Massachusetts Maintaining Agency: Northampton Department of Public Type Inspection: X Annual Staff 90 INSPECTION REPORT Works Day Interim of Inspection: 02 October 1997 River Basin: Lower Connecticut Date Feature Sat Unsat Deficiencies PUMPING STATIONS STRUCTURES Interior X See remarks. Exterior X PUMPS MOTORS ENGINES Trial Operated X See remarks. General Condition X Power Source X Insulation Tests N/A Metal Intakes /outlets X Gate Valves X GATES DRAINAGE STRUCTURES Trial Operated X General Condition X Lubrication X DIKES DAMS General Condition X See remarks Slopes /erosion X Sand Boils /caving X None Trespassing X Slope Protection X Drains X STOP -LOGS LOG BOOM Condition of Logs X Availability of Logs X Highway Slots X Storage Facilities X CHANNELS OUTLET WORK CHANNEL Banks X See remarks Obstruction Control- X See remarks FORM NED JAN. 66 513 P Feature Sat Unsat Deficiencies CONCRETE STRUCTURES SURFACE X SETTLEMENT X JOINTS X DRAINS X MISCELLANEOUS EMERGENCY OPERATIONS PLANS X t EMERGENCY EQUIPMENT X SEMI- ANNUAL REPORT X No report submitted. Inspection Party: Mary Ford, Mayor, Sam Brindis, Director George Brehm, Superintendent, George Symborski, Phil Sullivan, Assistant Ted Zachary, Mechanic, John Hayden, Operator, Joe Faloretti, Basin Gary Rogowski, LCRB, Photographs Taken: None Remarks Additional Comments: Indicate here observations, discussions, specific information. Use continuation sheet if necessary.) X ALL APPLICABLE ITEMS. IF UNSAT INDICATE SPECIFIC City of Northampton of Public Works, Northampton Wastewater Director, Northampton Director, Northampton Wastewater Treatment Wastewater Treatment Manager, LCRB, COE COE feature deficiencies, See attached sheets. DPW Treatment Facility, Northampton DPW Emergency Management Department Emergency MgmtDepartment Facility, Northampton DPW Facility, Northampton DPW recommendations and any other pertinent IF NOT APPLICABLE. DEFICIENCIES. INDICATE DATE: 3 OGT 97 INSPECTED BY: TYPE NAME TITLE Joseph P. Faloretti Basin Manager, LCRB SI ATURE 0."