Additional Special Conditions, Hamilton Conservation Commission
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Supplemental List of Sample Conditions. J. Rhoads 2/12/2016
7:26:00 AM
Hamilton Conservation Commission
Thanks to Bourne, Lexington, and Wenham Commissions for making
their sample conditions available. See DEP "Guide for New
Commissioners" for other useful samples, especially on Replication
CONTENTS
Erosion and Sedimentation Controls...................................2
Erosion of Disturbed or Exposed Soil Must Be Prevented.........2
Erosion and Sedimentation Plan Required........................2
Steep Slopes in Buffer Zone Prohibited.........................3
Drainage and Runoff Controls.........................................3
Responsibility for Catch Basin Maintenance.....................3
Pavement Runoff Shall Be By Sheet Flow.........................4
Required Driveway Details......................................4
Drywells Required For Roof Runoff..............................4
Wetland Water Quantity and Quality Must Be Maintained..........4
Surface Water and Groundwater Quality Control........................4
Fertilizer Use to Be Limited...................................4
Pesticides and Herbicides May Not Be Used Near Wetlands........4
Use of Salt Prohibited.........................................5
Leaching Catch Basins Required.................................5
Oil/Gas Traps Required in Catch Basins.........................5
Underground Storage of Petroleum Products Near Wetland
Prohibited.....................................................5
Swimming Pool Drainage Precautions Required..........................5
Water Quality Certification Required...........................6
Wildlife Habitat Protection..........................................6
No work Within Banks of Watercourse During Fish Breeding
Season.........................................................6
Protection of Trees............................................6
Wildlife Habitat Evaluations Required..........................6
Sloped Curbing.................................................6
Work Schedule and Sequence of Events.................................6
Onsite Conference with Commission Before Start of Work.........6
Wetland Replication and Flood Storage Areas Before Other
Work...........................................................7
Drainage System To Be Constructed Before Other Work............7
On-site Construction Conditions......................................7
Requirements Concerning Placement of Fill......................7
Monthly Reports Required.......................................7
Administrative Conditions............................................7
Bond Required..................................................7
Extension Must Be Requested 30 Days Before Expiration..........8
Erosion and Sediment Controls
Additional Special Conditions, Hamilton Conservation Commission
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12-A. Erosion of Exposed or Disturbed Soil Must Be Prevented. All
disturbed or exposed soil surfaces shall be temporarily stabilized after
each work day with hay, straw, mulch, or any other protective covering
and/or method approved by the U.S. Department of Agriculture Soil
Conservation Service.
12-B. Erosion and Sedimentation Plan Required.
the site:
Prior to any work on
(a) To ensure no degradation of water quality, an Erosion and
Sedimentation Control Plan for both during and after construction
must be submitted and approved by the Commission prior to start of
work at the site. Such plans should follow those recommended in
"Guidelines for Soil and Water Conservation in Urbanizing Areas of
Massachusetts", U.S.D.A. S.C.S., Oct. 1977, and/or "Erosion and
Sediment Control in Site Development", "Vegetative Practices in
Site Development" Mass. Conservation Guide Volume I and II
respectively, USDA SCS, Sept. 1983. (These publications are
available from the Essex County Extension Service, Hathorne,
Mass.)
This plan must include but is not limited to:
1.
The location of stockpiled materials.
2.
How sediment will be prevented from eroding into the
resource from land exposed by excavation or grading.
3.
How stockpiled materials will be prevented from
eroding into areas of statutory interest.
4.
What emergency materials will be on hand at the site
in case of accidental spillage, failure of siltation
barriers or other erosion problems.
5.
The methodology and sequencing of construction and
techniques that will be used during the project to protect
resource areas from pollution, siltation or disturbance.
6.
Vegetation plan for stabilizing slopes and exposed
soils. Reference Special Conditions #__ and #__ of this
Order and Permit.
(b)
the applicant shall notify the Commission, and arrange an
on-site conference among the Commission, the Contractor, and the
Applicant to ensure that all of the Conditions of this Order and
Permit and are understood. The siltation barrier must be in place
for approval at this conference.
(c)
the applicant, or its successors, shall notify the
Commission in writing the name(s), address(es) and telephone
number(s) of the on-site construction supervisor(s) authorized to
coordinate construction during work on the site and to ensure
compliance with all of the conditions of this Order and Permit
relating to construction. This Order and Permit shall also be
made a part of the Contractor's written contract, a copy of which
shall be filed with the Commission as evidence that this Condition
will be observed.
Additional Special Conditions, Hamilton Conservation Commission
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(d) a fabric filter fence and double row of staked and tightly
butted hay bales as shown on sheet 1 of plan referenced on page 53A of this Order and Permit shall be inspected and approved by
the Commission. This sedimentation control shall remain in place
until all disturbed areas have been stabilized and vegetation has
been established on all exposed areas in the buffer zone. This
barrier shall also act as a limit of disturbance and no
construction activity or alteration shall take place beyond this
line without the approval of the Commission.
12-C. Steep Slopes in Buffer Zone prohibited. No earthen embankment in
the buffer Zone shall have a slope steeper than 2:1.
Drainage and Runoff Controls
12-D. Responsibility for Catch Basin Maintenance. The Commission
requires that the owner of Assessors Map #___, Lot #___, maintain the
catch basin shown on plan _______________________. The catch basin must
be kept free and clear of debris so a free flow of water will reach the
resource area (state location).
12-E. Pavement Runoff Shall Be By Sheet Flow. In order to minimize
erosion and maximize percolation, pavement must be sloped in a manner
such that runoff is directed by sheet flow and not via point source
discharge.
12-F. Required Driveway Details. No changes in elevation or width of
the driveway are authorized except for the four (4) inch layer of dense,
crushed stone as specified on the plan cited page 5-3A of this Order and
Permit. All work must be confined within the existing driveway width.
No widening of the driveway area or the shoulders of the driveway at any
point is authorized. The plan shows 12-14 foot existing driveway.
Prior to initiation of work this measurement will be verified by an onsite systematic measurement of the existing width will be taken at
intervals of no less than 50 feet along the length of the driveway.
These 50' stations will be staked and location of stations noted on the
plan. This staking will be in place and the plan submitted prior to the
on-site conference cited in Condition #__ of this Order and Permit.
12-G. Drywells Required for Roof Runoff. Gutters, downspouts and
drywells must be installed to collect all roof runoff.
12-H. Wetland Water Quality and Quantity Must Be Maintained. Water may
not be diverted from wetlands, nor shall any effluent be discharged into
the wetlands during construction.
Surface Water and Groundwater Quality Control
12-I. Fertilizer Use To Be Limited. Fertilizers utilized for
landscaping and lawn care shall be of the low-nitrogen content variety
and shall be used in moderation.
12-J. Pesticides and Herbicides May Not Be Used Near Wetlands. Use of
toxic substances for lawn and garden maintenance present a hazard to
groundwater and resource areas. Use of pesticides and herbicides is
therefore permanently prohibited at this site within 100 feet of the
wetland, unless they are of the biological control variety that does not
present a hazard to these resources. The Commission strongly recommends
that since a well is in use at this property that the use of chemicals
Additional Special Conditions, Hamilton Conservation Commission
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presents a hazard to drinking water, and that their use in other areas
of the property should be severely limited.
12-K. Use of Salt Prohibited. The use of salt or other chemicals that
present a hazard to groundwater and resource areas is permanently
prohibited on the driveway. The applicant and all subsequent owners
shall file by December 31 of each year hereafter, an affidavit with the
Commission that to the best of their knowledge, no sodium chloride
(salt) has been used on the road or driveway of the property during the
preceding twelve (12) months.
12-L. Leaching Catch Basins Required. All drainage must be directed
into a leaching type catch basin before being discharged towards or into
any wetland or surface water body. All catch basins must incorporate
measures to insure the removal of pollutants such as oil and gas and
must provide for adequate sediment retention. The basins shall be
cleaned and maintained every 6 months and a record mretained and made
available for Commission inspection.
12-M. Oil/Gas Traps Required in Catch Basins. All effluent catch
basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this Order and Permit, that shall survive the issuance of a
Certificate of Compliance, that these oil/gas traps in the catch basins
be cleaned and maintained every 6 months and a record mretained and made
available for Commission inspection.
12-N. Underground Storage of Petroleum Products Prohibited Near
Wetlands. The underground storage of petroleum products cannot be
effectively monitored for loss and presents a hazard to groundwater and
wetland resources. Underground storage of petroleum products is
therefore permanently prohibited at this site. Any above ground fuel
storage tank will be located outside of the 100 " Buffer Zone and placed
in an impervious structure of a size capable of retaining all fuel
storage in the event of leakage.
12-O. Swimming Pool Drainage Precautions Required. The chemical
content of water in swimming pools can be detrimental to wetland plant
and animal species. To remove harmful chemicals it is the applicant/
owner responsibility to leave the pool water standing without the
addition of chlorine for a minimum of three (3) days before draining: in
this way chlorine concentration will be significantly reduced due to
volatilization. All pool water, wherever possible, will be drained
through a dry well rather than allowed to spread over the surface of the
land.
12-P. Water Quality Cerification Required. No work may commence at
this site until the Division of Water Pollution Control has reviewed
this project and has issued a Certificate of Water Quality. A copy of
this Certification shall be submitted as evidence prior to commencement
of work. or Work shall not continue in the resource areas at this site
until this project has been reviewed by the D.E.Q.E. Division of Water
Pollution Control and a Certificate of Water Quality has been issued by
that agency. A copy of this Certification shall be submitted to the
Commission prior to continuation of work in the resource area (Stream
and Bordering Vegetated Wetland).
Wildlife Habitat Protection
12-Q. No work Within Banks of Watercourse During Fish Breeding Season.
To prevent disruption of fish breeding and migration, no activity may
Additional Special Conditions, Hamilton Conservation Commission
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occur in or along the banks of (name) brook during the period from March
15 to June 15.
12-R. Protection of Trees. Prior to any earthwork on the site, any
tree of 6" or greater caliper that is to be saved within the limits of
work shall be protected by boards strapped to the trunk. All trees that
will not be saved shall be completely removed before filling operations
begin.
12-S. Wildlife Habitat Evaluations Required. The replicated wetland
area must function as a wildlife habitat in a manner similar to the area
that willl be lost. The applicant must demonstrate to the Commission
the success of the habitat replication by submitting wildlife habitat
evalualtions (by a competant individual as outlines in Wetland
Protection Act Regulations, 310 CMR 10.60, before and after
construction.
12-T. Sloped Curbing. Curbs shall be of sloped rather than vertical
type to reduce disruption of amphibian migration and breeding.
Work Schedule and Sequence of Events
12-U. Onsite Conference with Commission Before Start of Work. The
applicant shall notify the Commission, and arrange an on-site conference
among the Commission, the Contractor, and the Applicant to ensure that
all of the Conditions of this Order and Permit and are understood. The
siltation barrier must be in place for approval at this conference.
12-V. Wetland Replication and Flood Storage Areas Before Other Work.
All required wetland replication areas and compensatory flood storage
areas shall be in place, inspected and approved in writing by the
Commission prior any other work commencing at the site.
12-W. Drainage System To Be Constructed Before Other Work. The storm
drainage system, detention basins, compensatory storage areas and
erosion control devices shall be constructed during the initial phases
of the project so that they may be kept functional during construction.
Said structures shall be kept free of silt and debris to ensure their
proper operation.
On-site Construction Conditions
12-X. Requirements Concerning Placement of Fill. All fill used in this
project shall be clean fill as described in General Condition #6, page
5-2 of this Order and Permit. The material shall be clean, coarse
washed sand or other clean granular material essentially free from clay,
fines, dust, organic matter, large stones, masonry, stumps, wood, tree
branches, and waste materials and shall have a percolation rate of less
than 2 minutes per inch before and after placement. Before the fill is
put into place, all trees, brush, and stumps shall be removed from the
area to be filled. Topsoil, peat and other impervious materials shall
be removed from all areas beneath the area authorized to be filled. All
fill material must be stockpiled outside the resource area and at least
50 feet from the edge of the wetland or bank. Precautions shall be
taken as necessary to prevent the erosion of the stockpiled materials.
12-Y. Monthly Reports Required. Commencing with the issuance of this
Order and Permit and continuing through the existence of same, the
applicant shall monthly submit to the Commission a written progress
report detailing work done in any areas under Commission jurisdiction.
Additional Special Conditions, Hamilton Conservation Commission
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Administrative Conditions
12-Z. Bond Required. A surety performance bond or letter of credit
running to the Town of Hamilton shall be provided in the amount of $
______ which shall be in all respects satisfactory to Town Counsel and
the Commission, and shall be posted with the Treasurer of the Town of
Hamilton. Said bond or letter of credit shall be conditioned on the
satisfactory completion of all conditions of this Order and Permit,
shall be signed by a party or parties satisfactory to the Commission and
Town Counsel, and shall be released after completion of the project,
provided that provision satisfactory to the Commission has been made for
performance of any conditions which are of a continuing nature. This
condition is issued under the authority of the Town of Hamilton Bylaws
Chapter 16.
12-AA. Extension Must Be Requested 30 Days Before Expiration. A
request for extension of this Order of Conditions and Permit shall be
submitted by certified mail at least 30 days prior to the expiration
date. The expiration date is three years from the date of issuance.