Loading...
HomeMy WebLinkAboutMiscellaneous - 127 BRIDLE PATH Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1168 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the George P. & Kimberlee E. Chatson computer, use Name only the tab key to move 127 Bridal Path your cursor- Mailing Address, do not use the North Andover MA 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: George P. & Kimberlee E. Chatson Name 5/14/03 242-1168 Dated DEP File Number 3. The project site is located at: 127 Bridal Path North Andover Street Address City/Town Map 104C Parcel 88 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: George P.Chatson Property Owner(if different) Essex North 7941 28 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/15/05 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance � 242-1168 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 67 C. Authorization Issued by: North Andover dl Conservation Commission Commission Date of Issu nce This Certificate must be signed by a majority of the Conservation Commission and a sent to the applicant and appropriate DEP Regio I Office(See Attachment). Signa res: wpaform 8b.doc-rev.7/93/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1168 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this II Of Allove-nl#- Day Month Year before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown 1 DONNAM.WEDGE Signature of Notary Public /-- NOTARYFUBtICc ;/ -k1J f {�C F COMMONWEALTH OF MASSACHUSETTS Printed Name o Notary Public My Cantu.Expires Aug.7,2009 I ,f-/ --r MyCo mission Expires(Date)ff Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fite Number: WPA Form 8B — Certificate of Compliance 242-1168 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 242-1168 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc-rev.7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 7 DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sundertand Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Boume Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop. Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.11/15/05 Page 1 of 1 'i Massachusetts Department of Environmental Protection L1�11\ Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A — Enforcement Order 242-1032 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the North Andover computer, use 7/15/02 only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the George Chatson return key. Name or violator 127 Bridle Path, North Andover, MA 01845 4a Address 1. Location of Violation: Property Owner(if different) 127 Bridle Path street Address North Andover 01845 Cityfrown Zip Code 104C 88 Assessors Map/Phat Number Parce"Number 2. Extent and Type of Activity: Violations of an existing Omer of Conditions, filling of a wetland resource area and clearing of buffer zone without an Order of Conditions. See attached Enforcement letter. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, §40) and its Regulations(310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ® the activity has been/is being conducted in violation of the Order of Conditions issued to: George Chatson 12/28/00 Name Dated 242-1032 See attached letter File Number Condition number(s) wpaform9a.doc-rev.12115/00 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number. -- Bureau of Resource Protection - Wetlands x - WPA Form 9A — Enforcement Order 242-1032 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ® Other(specify): See attached conditions C. Order The issuing authority hereby orders the following(check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ® Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent.. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: See Attached Cover Letter Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc•rev.12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection --- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A — Enforcement Order 242-1032 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding.this Enforcement Order should be directed to: Julie Parrino, Conservation Administrator Name 978-688-9530 Phone Number 8:30 AM to 4:30 PM, Monday- Friday Hours/Days Available Issued by: North Andover Conservation Commission In a situation regarding immediate action, an Enforcement Order maybe signed by a single member or agent of the Commission an t by majority of the members at the next scheduled meeting of the Commission. Signat s Signature of delivery person or certified mail number wpaform9a.doc•rev.12/15/00 Page 3 of 3 Town of North .Andover y Office of the Conservation Department Community Development and Services Division _ e 27 Charles Street �� Julie Parrino North Andover,Massachusetts 01845 Telephone(978)688-9530 Conservation Administrator Fax(978)688-9542 July 15, 2002 George Chatson 127 Bridle Path North Andover, MA 01845 RE: ENFORCEMENT ORDER: 127 Bridle Path,2421032 Violation of the Massachusetts Wetland Protection Act(MGL c.131 s.40) and North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover). Dear Mr. Chatson: On July 12, 2002 this Department received a complaint that activities were being conducted in close proximity to wetland resource areas on your property. Upon review of in-house files, it was discovered that the North Andover Conservation Commission issued an Order of Conditions (OOC) on 12/28/00 for grading activities in the buffer zone to a resource area located behind your house, in order to alleviate a drainage problem. I conducted a site inspection on your property on July 12, 2002 to determine if activities had occurred prior to the pre-construction conditions outlined in the Order of Conditions. Upon review of the site, observed activities in violation of the OOC (Conditions #27, 31,32, 36, 37,38, 39,40,41,42, 43, 44, 46, 47, 49), were identified in addition to unpermitted activities including the filling of the wetland resource, clearing of the buffer zone, installation of an underground drainage system and construction of a play area. ORDER: Acting as an Agent of the Commission under MGL C.40,S.21D and the Act(310 CMR 10.08(3)), enclosed please find an Enforcement Order mandating the restoration and removal of all unauthorized fill material and structures located within the isolated wetland resource area and the 25-Foot No-Disturbance Zone. This restoration work shall be conducted in accordance with the conditions described below. The property owner shall submit a Resource Area Restoration Plan & Report prepared by a qualified wetland biologist to this Department no later than July 31,2002. The Resource Area Restoration Plan & Report shall address all wetland resource areas that have been altered by the activities described above. This report and plans must be reviewed and approved b this PP Y Department. At a minimum, the following informationshall be submitted: BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 2 1. Wetland Field Delineation The property`owner shall have the original wetland resource area boundary staked in the field by a registered land surveyor. 2. Plans Existing Conditions Plan: The existing conditions plan shall include all information required for a Notice of Intent application filed with the NACC. This plan shall include the wetland alteration area, structures, facilities, storage area, etc., within 100-feet of the delineated wetlands, as well as the location of the 100-foot buffer zone, 50-foot No- Construction Zone and 25-foot No-Disturbance Zone. This plan will serve as the base plan for the proposed wetland restoration plan described below. Restoration Plan: The restoration plan shall include all information required for a Notice of Intent application filed with the NACC. The restoration plan shall show the proposed mitigation measures including, at a minimum: • The proposed planting and grading plan for the Isolated Vegetated Wetland and 25- foot No-Disturbance. • Proposed erosion and sedimentation control measures to be employed on-site. • Any other mitigation measures deemed necessary to restore the wetland resource areas on the property. 3. Report A report shall be provided to the NACC in narrative form that includes a detailed description of existing conditions, all unauthorized' activities, and the proposed restoration including the sequence of work, resource area plantings strategy, anticipated future construction and landscaping activities, current and future sedimentation/erosion control measures and site stabilization measures. The report shall address all impacts to the wetland resource areas protected by the Act and Bylaw as well as the proposed mitigation measures in detail. Any un-permitted activities,including the drainage system and play area must be proposed on a revised plan for review and approval by the Conservation Commission. Proposed activities may require an additional filing with the North Andover Conservation Commission. Upon final approval of the Resource Area Restoration Plan and Report by this Department the property owner shall present the proposal before the Conservation Commission at a public meeting. A final completion date for all restoration work will be set after this Department has reviewed and accepted the Resource Area Restoration Plan and Report. The violations as documented herein are subject to a $300 per day penaltyl until such time as the impacted resource areas have been mitigated. Each day or portion thereof during which this violation continues shall constitute a separate offense. At this time this Department has elected to le the above mentioned r da fine. A fine in the amount of r levy per y ou $30o per day from 1 In accordance with the provisions of MGL c.40 s.21D and Section 178.10 of the North Andover Wetland Protection ByLaw(REV May 1993/REV October 1998) 3 the date un permitted activities commenced,until the area is fully restored,is being levied at this time. Failure to comply with this Order and the deadlines referenced herein will result in the issuance of additional penalties. MGL C.131 S.40 and the North Andover Wetland Bylaw, C.178 authorizes the Conservation Commission to seek injunctive relief and civil penalties per day of violation. In addition, a violation of the Massachusetts Wetland Protection Act and the North Andover Wetland Bylaw constitutes a criminal act, which is subject to prosecution and the imposition of criminal fines, also per day. This Enforcement Order shall become effective upon receipt. Your anticipated coopers ' n is appreciated. Sinc , J 'e Parrin Conservation Administrator Encl. CC: NACC Ms. Heidi Griffin, Community Development Director Neve Associates DEP-Northeast Region file Massachusetts Department of Environmental Protection DEP Fife Number Bureau of Resource Protection- Wetlands 242-1032 PA Form 5 - order of Conditions for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection Bylaw. Applicant Information From: The Notice of Intent for this project was filed on: North Andover August 23, 2000 Conservation Commission Date For: The public hearing was closed on: 242-1032 December 20, 2000 Pmie;t rile Number Date To: George Chatson Title and Date of final Plans and Other Documents: See Condition X128 Applicarr Name 127 Bridle Path Mailing Address North Andover City/Town MA 01845 state Zip COOL- The odeThe project site is located at: 127 Bridle Path OWTown Map 104C Parcel 88 Assessors Map/Plat I Parce#Lot I and the property is recorded at the Registry of Deeds for: Essex Book 5018 Page 274 County Book Page Certificate(if registered lanai) Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act: (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and presented at the public hearing,this commission finds that the Y'the following conditions which are necessary,in accordance area in which work is proposed is significant to the following with the performance standards set forth in the wetlands interests of the Wetlands Protection Act(check all that apply): regulations,to protect those interests checked above. This that all the work shall be performed in Commission orders 9 Public Water Supply accordance with the Notice of Intent referenced above,the 9 Private Water Supply following General Conditions,and any other special 9 Groundwater Supply conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, �Flood Control oll g fy X Land Containing Shellfish specifications,or other proposals submitted with the Notice U Fisheries of Intent,these conditions shall control. ,Storm Damage Prevention 9 Prevention of Pollution Protection of Wildlife Habitat Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-1032 WPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) debris,including but not limited to lumber,bricks,plaster, Denied because: wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetlands regulations 7. This Order does not become final until all administrative to protect those interests checked above. Therefore,work appeal periods from this Order have elapsed,or if such an on this project may not go forward unless and until a new appeal has been taken,until all proceedings before the Notice of Intent is submitted which provides measures Department have been completed. which are adequate to protect these interests,and a final Order of Conditions is issued. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or ❑ the information submitted by the applicant is not sufficient the Land Court for the district in which the land is located, to describe the site,the work,or the effect of the work on within the chain of title of the affected property. In the case the interests identified in the Wetlands Protection Act. of recorded land,the Final Order shall also be noted in the Therefore,work on this project may not go forward unless Registry's Grantor Index under the name of the owner of the and until a revised Notice of Intent is submitted which land upon which the proposed work is to be done. In the provides sufficient information and includes measures case of registered land,the Final Order shall also be noted which are adequate to protect the Act's interests,and a final on the Land Court Certificate of Title of the owner of the Order of Conditions is issued. A description of the specific land upon which the proposed work is done. The recording information which is lacking and why it is necessary is information shall be submitted to this Conservation attached to this Order as per 310 CMR 10.05(b)(c). Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,prior to the General Conditions commencement of the work. 1. Failure to comply with all conditions stated herein,and with 9. A sign shall be displayed at the site not less than two square all related statutes and other regulatory measures,shall be feet or more than three square feet in size bearing the deemed cause to revoke or modify this Order. words, "Massachusetts Department of Environmental Protection" 2. The Order does not grant any property rights or any for, "MA DEP"] "File Number exclusive privileges;it does not authorize any injury to 242-1032 private property or invasion of private rights. Prajectfile Numbrr 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, 10.Where the Department of Environmental Protection is bylaws,or regulations. requested to issue a Superseding Order,the Conservation Commission shall be a parry to all agency proceedings and 4. The work authorized hereunder shall be completed within hearings before the Department. three years from the date of this Order unless either of the following apply: 11.Upon completion of the work described herein,the applicant (a)the work is a maintenance dredging project as provided shall submit a Request for Certificate of Compliance(WPA for in the Act;or Form 8A)to the Conservation Commission. (b)the time for completion has been extended to a specified date more than three years,but less than five 12.The work shall conform to the following attached plans and years,from the date of issuance. If this Order is intended special conditions: to be valid for more than three years,the extention date and the special circumstances warranting the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed): Order. See Condition #28 5. This Order may be extended by the issuing authority for rine one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to Oates the expiration date of the Order. 6. Any fill used in connection with this project shall be clean signed and stamped by fill. Any fill shall contain no trash,refuse,rubbish,or On file with Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-1032 WPA Form 5 - order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findings (cont.) Findings as to municipal law,bylaw,or ordinance 13.Any changes to the plans identified in Condition#12 above Furthermore,the shall require the applicant to inquire of the Conservation North Andover Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. con"voncommission hereby finds(check one that applies): 14.The Agent or members of the Conservation Commission and Department of Environmental Protection shall have the ❑ that the proposed work cannot be conditioned to meet the right to enter and inspect the area subject to this Order at standards set forth in a municipal law,ordinance,or bylaw, reasonable hours to evaluate compliance with the condi- specifically tions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commis- sion or Department for that evaluation. Name and amon of municipal law,bylaw,or ordinance 15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which interest or successor in control of the property subject to provides measures which are adequate to meet these this Order and to any contractor or other person perform- standards,and a final Order of Conditions is issued. ing work conditioned by this Order. 16.Prior to the start of work,and if the project involves work ® that the following additional conditions are necessary to adjacent to a Bordering Vegetated Wetland,the boundary of comply with a municipal law,bylaw,or ordinance,specifi- the wetland in the vicinity of the proposed work area shall cally be marked by wooden stakes or flagging. Once in place, Ch. 178 of the Code of North Andover the wetland boundary markers shall serve as the limit of Name and citation of municipal law,bylaw,or ordinance. work(unless another limit of work line has been noted in the plans of record)and be maintained until a Certificate of Compliance has been issued by the Conservation Commis- The Commission orders that all the work shalt be performed in accordance with the said additional conditions and with sion. the Notice of Intent referenced above. To the extent that the 17. All sedimentation barriers shall be maintained in good following conditions modify or differ from the plans, repair until all disturbed areas have been fully stabilized specifications,or other proposals submitted with the Notice with vegetation or other means. At no time shall sediments of Intent,the conditions shall control. be deposited in a wetland or water body. During construc- tion,the applicant or his/her designee shall inspect the Additional conditions relating to municipal law,bylaw,or erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall ordinance: immediately control any erosion problems that occur at the See attached Conditions 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. Special Conditions(Use additional paper if necessary) See attached Conditions DEP FILE #242 - 1032 Therefore, the North Andover Conservation Commission (hereafter the "NACC) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Noticef o Intent referenced below. 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 18. 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. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations,and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the North Andover Wetland Regulations). C:\Winword\OOC\242-1032 1 NACC 12/27/2000 DEP FILE #242 - 1032 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) 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. 25. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 26. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 27. The proposed work includes: The re-grading of the rear yard within the Buffer Zone to a Bordering Vegetated Wetland. 28. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Thomas Neve Associates,Inc. (Representative) 447 Boston Street Topsfield,MA 01983 Site Plans prepared by: Thomas Neve Associates,Inc. (Representative) 447 Boston Street Topsfield,MA 01983 Dated 8/18/00,REV 11/20/00 29. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not aem ted to overcome the presumption of significance of these resource areas to the identified interests. 30. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. C:\Winword\OOC\242-1032 2 NACC 12/27/2000 i DEP FILE #242 - 1032 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: The 25 No Disturbance Zone has been waived for the re- grading of the yard to alleviate a runoff problem. The silt fence is proposed along the wetland boundary from Flag 113 through Flag 101. The 50' No Construction Zone has not been waived and no structures are allowed. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section III(D) &Appendix G of the local Regulations). 32. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 33. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 34. Issuance of these Conditions does not in anway imply or certify that the site Y Y pY Y or downstream areas will not be subject to flooding, storm damage or any other form of water damage. CAWinword\000242-1032 3 NACC 12/27/2000 DEP FILE #242 - 1032 PRIOR TO CONSTRUCTION 35. 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 Department or Court have been completed. 36. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. 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 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 submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 37. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts Department of Environmental Protection,File Number 242-1032." 38. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 39. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project C:\Winword\OOC\242-1032 4 NACC 12/27/2000 , DEP FILE #242 - 1032 engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 40. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 41. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 42. Trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 43. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. C:\Winword\OOC\242-1032 5 NACC 12/27/2000 DEP FILE #242 - 1032 44. A check payable to the Town of North Andover shall be provided in the amount of$1,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions,satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 45. The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 46. The applicant shall designate a professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. CAWinword\000242-1032 6 NACC 12/27/2000 DEP FILE #242 - 1032 r 47. A mitigation report or planting plan for proposed plantings along the wetland edge must be submitted and approved by the NACC or Agent thereof prior to construction. These plantings must act as a barrier between the yard and wetland area to inhibit any further encroachment. 48. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 49. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). C:\Winword\OOC\242-1032 7 NACC 12/27/2000 DEP FILE #242 - 1032 DURING CONSTRUCTION 50. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth(R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 51. Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 52. 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 on any of the foregoing. 53. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 54. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 55. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 56. After the proper grading is completed all plantings along the wetland boundary edge shall be completed. 57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. CAWinword\00C\242-1032 8 NACC 12/27/2000 DEP FILE #242 - 1032 58. All waste generated by, or associated with, the construction activity shall be contained within the construction area,and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 59. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 60. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. C:\Winword\OOC\242-1032 9 NACC 12/27/2000 DEP FILE #242 - 1032 M ER CONSTRUCTION 61. No underground storage of fuel oils shall be allowed on any lot within one- hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 62. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 63. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 64. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. CAWinword\00C\242-1032 10 NACC 12/27/2000 DEP FILE #242 - 1032 h. A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds,stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all plantings along the wetland boundary. 65. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other.agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Prohibition of underground fuels (Condition #61); CAWinword\000242-1032 11 NACC 12/27/2000 DEP FILE #242 - 1032 ➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions #62). C:\Winword\OOC\242-1032 12 NACC 12/27/2000 DEP FILE #242 - 1032 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) C:\Winword\OOC\242-1032 13 NACC 12/27/2000 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Condition and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection Bylaw. Findings (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions#4, from the date of issuance. Date , DDD day of Month This Order must be signed by a majority of the conservationo�� commission.The Order must be mailed by certified mail Year (return receipt requested)or hand delivered to the applicant. before me personally appeared A copy also must be mailed or hand delivered at the same time to the appropriate regional office of the Department of c �� Environmental Protection. to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Public --- My commission exPnes This Order is issued to the applicant as follows: ❑ by hand delivery on b by mail,return receipt requested,on I2.26-ob Date Appeals The applicant,the owner,any person aggrieved by this Order, The request shall state clearly and concisely the objections to any owner of land abutting the land subject to this Order,or the Order which is being appealed and how the Order does not any ten residents of the city or town in which such land is contribute to the protection of the interests identified in the located,are hereby notified of their right to request the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40 appropriate De rtment of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR pa Office to issue a Superseding Order of Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by certified mail or hand delivery to the bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropriate filing fee and a completed or regulations,the Department of Environmental Protection has Appendix E:Request for Departmental Action Fee Transmittal no appellate jurisdiction. 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. r),-- A ..F C Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 5 - order of Conditions and North Andover Wetland Massachusetts Wetlands Protection ActM.G.L. C. 131, §4O Protection Bylaw. 13 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 shall be submitted to the conservation commission on the form below,which must be stamped by the Registry of Deeds. Detach on dotted line and submit to the Conservation Commission. ----------------------- ---------- To: conservation commission Please be advised that the Order of Conditions for the project at Project Location DEP File Number has been recorded at the Registry of Deeds of county 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 which identifies this transaction is instrument Number If registered land,the document number which identifies this transaction is Dommerr Number Signanire ofAoNicant n...... c sc Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WDA Appendix E - Request for Departmental Action Fee Transmittal Form and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Please type or print clearly all ` Request Information information requested on this form. 1. Person or party making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Mailing Address MailingAddmss City/Town city/Town State Zip Code State Zip Code Phone Number Phone Number Fax Number(if applicable) Fax Number(if applicable) Project Location: DEP File Number: Street Address City/Town Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00 jurisdiction. payable to the Commonwealth of Massachusetts,to: 3. Send a copy of this form and a copy of the check or money , Dept,of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant, if he/she is not the appellant. i t LLIlMassachusetts Department of Environmental Protection I Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions242-1168 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP A. General Information Important: When filling From: out forms on North Andover Conservation Commission the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions 1� To: Applicant: Property Owner(if different from applicant): George P. &Kimberlee E. Chatson Name Name 127 Bridle Path Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 127 Bridle Path North Andover Street Address City/Town Map 104C Lot 88 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 5018 274 County Book .Page Certificate(if registered land) 3. Dates: / 8/30/02 - ! _ ��/j�- Date Notice of Intent Filed Date Public Heari Clo d Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Planof Land in North Andover, Mass showing Existing Site Conditions 127 Bridle 8/13/02, revised Path 10/11/02 Plan of Land in North Andover, Mass showing Proposed Grading &Wetiand 9/24/02, revised Restoration 10/11102 Resource Area Restoration Program, 127 Bridle Path, North Andover MA - 8/30/02, revised Title 9/27/02 5. Final Plans and Documents Signed and Stamped by: Thomas E. Neve,P.L.S. of Thomas E. Neve Associates, Inc. Name 6. Total Fee: $55.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5,doc•rev. 12/15/00 Page I of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1168 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish Z Prevention ofPollution Private Water Supply ❑ Fisheries ®Protection of Wildlife Habitat ® Groundwater Supply 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 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 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. Wpaform5.doc•rev.12/15/00 Page 2 of 7 t t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1168 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont:) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"for, "MA DEP"] "File Number 242-1168 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.12/15/00 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File/Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1168 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Findings as to municipal bylaw or ordinance Furthermore, the North Andover Conservation hereby finds (check one that applies): Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Chapter 178 of the Code of North Andover Municipal Ordinance or Bylaw Citation 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. W patorm5.doc•rev.12/15/00 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ILI WPA Form 5 -- Order of Conditions 242-1168 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See Attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions K frorg the late 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 han lelverediat the same time tot ppropriate Department of Environmental Protection Regional Offi esee Appendix A)a4theoperty owner(if different from applicant). Sig atu -1 On Of Day Month and Year before me sonally appeared to me known to be the person described in and who executed the foregoing instrument and acknowl dged that he/she executed the same as his/her free act and deed. Notary Public My Com issi n Expires This Order is issued to the applicant as follows: ❑ by hand delivery on @- by certified mail, return receipt requested, on f� V6!4 .-y Date Date , Wpaiorm5.doc•rev.12/15/00 Page 5 o17 \ Massachusetts Department of Environmental Protection DEP File Number: 1� Bureau of Resource Protection - Wetlands WPA Form 5 Order of Conditions P 42-1168 DE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 EP 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 madeby certrfied 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. North Andover Conservation Commission Conservation Commission I Wpaform5.doo•rev.12/15/00 Page 6 of 7 MBureau of Resource Protection - Wetlands assachusetts Department of Environmental Protection DEP Fit Number: �— WPA Form 5 - Order of Conditions 242-1168 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on, Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Pa e7of7 Wpaform5.doc-rev.12/15/00 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling 1. Person or party making request(if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) Project Location Mailing Address /e�pn City/Town State Zip Code 2. Applicant(as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A);or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4052 Boston, MA 02211 wpaform5.doc•Appendix E•rev.11/6/02 Page 1 of 2 Massachusetts Department of Environmental Protection �— Bureau of Resource Protection - Wetlands WPA Appendix E Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order which is being appealed.To the extent that the Determination or Order is based on a municipal bylaw,and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. 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. wpaform5.doc•Appendix E•rev.11/6/02 Page 2 of 2 ORDER OF CONDITIONS 242-1168 FINDINGS: The Order of Conditions, issued by the Conservation Department; is being issued to permit restoration/replication activities to an isolated vegetated wetland resource area altered by clearing, grading and filling activities. The property owners were previously issued an Order of Conditions on December 28, 2000 for re-grading of the rear year yard within the buffer zone of the isolated vegetated wetland. No alteration to the resource area was approved,nor were drainage structures allowed to be installed. Upon receipt of a complaint to the Conservation Department, a site inspection was conducted on the property on July 12,2002. Upon the initial review of the site, it appeared the homeowner failed to adhere to the pre-construction conditions of the Order of Conditions, including a pre-construction site walk. Upon careful review of the site, it was discovered the homeowner conducted work beyond the approved activities including, filling of the isolated vegetated wetland, clearing, grading and filling activities in the buffer zone, installation of a drainage system consisting of a series of pipes and a catch basin, and construction of a swing-set play area. An Enforcement Order was issued to the homeowner on July 15, 2002, mandating the filing of a Notice of Intent and Restoration Plan for unpermitted activities in violation of the Order of Conditions under DEP 242-1032 A fine in amount of$300 per day from the date the violation was discovered until the time the site was restored was levied on the homeowner. The attached Order of Conditions is being issued to replace that issued under DEP 242-1032. The fine has been calculated from the date the violation was first observed, July 12,2002 to the date the project was approved,October 23, 2002 and totals an amount of$30,900. DEP FILE #242 - 1168 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the ,dans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDMONS 18. 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. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable tunes until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (3+0) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the North Andover Wetland Regulations). CAWinword\00C\242-1168 1 NACC 11/15/02 DEP FILE #242 - 1168 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant 24. Where the Department of Environmental Protection(DEP) 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 25. This Order of Conditions is issued as a substitution and in-replace for those issued under File No. 242-1032. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Restoration of an isolated vegetated wetland,buffer zone enhancement,drainage improvements and approval of a previously installed swing-set play area. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: George &Kimberlee Chatson 127 Bridle Path North Andover, MA 01845 Dated August 30,2002 Site Plans prepared by: Thomas E. Neve Associates,Inc. 447 Old Boston Road Topsfield, MA 01983 Entitled: Plan of Land in North Andover, MA, showing Proposed Grading & Wetland Restoration, 127 Bridle CAWinword\000242-1168 2 NACC 11/15/02 DEP FILE# 242 - 1168 permitted in the No-Disturbance zone. (See Section III(D) &Appendix G of the local Regulations). 33. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors,and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in'itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town 36. The NACC finds the applicant's proposal for 3,160 sq.ft. of wetland replication/restoration and 1500 s.f.of buffer zone restoration to be adequate. The replication/restoration areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section III(E)(4)(page 17)of the local Regulations for performance standards). 37. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. CAWinword\000242-1168 4 NACC 11/15/02 DEP FILE #242 - 1168 PRIOR TO CONSTRUCTION 38. 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 Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. 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 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 submitted to the North Andover Conservation Commissions on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at'the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts DEP,File Number 242-1168." 41. Any changes in the submittedplans caused by the applicant; another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant; the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes.The proposed project may be still under review by other local or state boards or agencies.This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction.No work shall begin on a project until written approval has been granted by the NACC. 42. It is Che responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. CAWinword\000242-1168 5 NACC 11/15/02 DEP FILE # 242 - 1168 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction,including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 44. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil,or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. A row of trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion, 47. A check payable to the Town of North Andover shall be provided in the amount of$35,980;{$3.00 per s.f of restoration activities,4600 s.f. x$3.00= CAWinword\00C\242-1168 6 NACC 11/15/02 DEP FILE #242- 1158 $13,980 and$2,000 for drainage improvement activities)which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 48. The applicant shall designate a Wetland Scientist as an"Erosion Control Monitor"to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. The Erosion Control Monitor shall be present on site during all replication/restoration activities including excavation and planting activities and during dewatering activities. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the"Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 49. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party, subject to said Orders of Conditions,the"Compliance Certification Form Affidavit" attached via "Appendix A"signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every CAWinword\000242-1168 7 NACC 11/15/02 y DEP FILE # 242 - 1168 condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 50. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). DURING CONSTRUCTION 51. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site during dewatering activities occurring and until this section is complete. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of wafter is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de- watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 52. 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 on any of the foregoing. I CAWinword\00C\242-1168 8 NACC 11/15/02 DEP FILE #242 1168 53. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 54. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 55. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 56. After proper grading, all disturbed areas located within the buffer zone to the resource area shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 57. Washings from concrete trucks,or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 58. All waste generated by, or associated with, the construction activity shall be contained within the construction area,and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50'of areas subject to protection under the Act or local. Bylaw. 59. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 60. During and after work on this project; there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one(1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. CAWinword\OOC\242-1168 9 NACC 11/15/02 DEP FILE #242- 1168 AFTER CONSTRUCTION 61. No underground storage of fuel oils shall be allowed on any lot within one- hundred(100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 62. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 63. After completion of work, the applicant shall permanently mark the edge of wetland resource areas and the "No-Disturbance Zone"with signs or markers designating their sensitivity. This will ensure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 64. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by foaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 65. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner.. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. CAWmword\00C\242-1168 10 NACC 11/15/02 DEP FILE # 242 - 1168 g. The DEP file number. h. A written report from,a qualified wetland biologist stating the replication/restoration activities have been conducted in accordance with the approved documents and plans and performance standards of the Wetland Protection Act and North Andover Wetland Protection Bylaw. i. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s)and documents referenced above, and as conditioned by the Commission. j. An"As-Built'plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE:. If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. "As-Built' post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to)septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work' includes aU disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 66. The following special conditions shall survive the issuance of a Certificate of Compliance(COC) for thisP �ro1' t: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas CAWinword1000242-1168 ll NACC 11/15/02 DEP FILE #242 - 1168 except in those locations approved under this filing Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants(Condition#60); ➢ Prohibition of underground fuels (Condition #61); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions#62). CAWinword\OOC\242-1168 12 NACC 11/15/02 DEP FILE 4 242- 1168 APPENDIX A-AFFIDAVIT L on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) CAWinword\00C\242-1168 13 NACC 11/15/02 DFP File No. 242-17 Lot 3- ridle Pat 310 CuR 10 .99 Lane Form 8 Gtv�owa gppiicint cc=monwealth of Massachusetts PA13TIAL Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, §40 North Andover Conservat From 89 Main Street, North Andover_ MA 01845 To Domenic J. Scalise, Esq. (Add ess) Date of T_ssua^ce October 4, 2000 r r an oder of CcnA-'_t=ons iss ems' - is _sued _o= work regulated January 20, 1977 This Ce=_''--= John to Landsail,yInc. - `, NAC C and _ss•.�ed cv e Yt. t. - work re� ='d by the above-re'erenced 1 e cert__ a at 'he - ly ;s hereby -e-as been sat,sfactcr =1 completed order of Conaa,oa the ` lc.+inc po_ ns Of the ;ro :: a here'--y ce* =_ea that only -c-- _ . 2 :t = -- T ons have be i y the ah- Order o_ Cc rep _atea b ^i i` the cert'_=-cite of Cc..._ a.^.ce doe= no,: Sat_sfaC�.._l y cc^ _e-ea: ( er - _ons are _:c:coed ) _nc_�ae t: e ent_�ev__c;ect, specy whams _ - dot- � oN t-Y �e :or k rep - by t.a abs e re 'ice r .s aereb. Cer-=--ed t:at t.. nyQ'- - ,-,moo or=e �a� orter Of Cc...._=-o-.= ,,;as never ccr..re fu acrk su est tc ^ e- -e no longer va_-a_ vo ^e :Tc- ce la=seg, ar_ s e e sC= t1aV be CCr�ngr -ar_ .T1t�C �: ----n'S, 3 w _e =- , -g a new order of Cc c_ _ons �ncert arra re-e . cf _v_. . . . . . . .(Leave. space (Leave 242-17 Lot 3 — Bridle Path Lane This cernficate shall be recorded in the Registry of Deeds or the land Court for the olstnct In which the land Is located. The Order was originally recorded on (date) a; ,he Re—,!spry of Essex 1. Book 1301 Page 321 [j The following ccnc,t;ons of, the Order scall continue: (Set forth any conditions contained In the Final Oroer, suc„ as maintenance or monitoring, which are to continue for a longer oerfod.) :port , Andover Conservation Can Issued :)ynission signa:ure!s) by the Cons.. pr-• per, er)ation Commision this Certificate must be signed by a majority of is m_.:,.,n.pr^ On ,cis 4th day of October before me p_rpd Scott Masse to me known tc; be the �nrSgrall`✓ a..;7.... Gerson descri ed in and ::ho executed the foregoing instrument and acknowledged that he:she exe: ..aec the same as his;her gree ac:and Beed. ® 7 -- . ..o,lc My commission expires oetaon on totted line and suomit to tna ............................ ................................................................................................... NACC ................... issuing Autncnty Tc Please oe aov seZ rnartne Cert!,gate of Cornu ance for tree prosect at. 242- 17 nasoeenrecoroedattneRegistryat Deeds, Northern Essex �iie tiur..cer . .a anc'las teen nolea in!re chain at title of:ne atlec:eo erocerry cn It rec-rcec tanc.:"e msuument nurnze('.vrt%:n-oentiues this:ransac:on is reytsterec lane.:ne cccurnent numoer wrncn ioennhes trns transaction is' Acolicant s,Gnawre 8-2