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HomeMy WebLinkAboutMiscellaneous - 148 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, §40 242-1039 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Steven Weeks computer, use Name only the tab key to move 148 Bridle 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: Steven Weeks Name 10/18/2000 242-1039 Dated DEP File Number i 3. The project site is located at: 3 148 Bridle Path North Andover Street Address Cityfrown 104C 75 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 2537 186 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 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.11/2/01 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 242-1039 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 The Order of Conditions has lapsed and is therefore no longer valid.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: ✓..� C. Authorization Issued by: North Andover Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate D Regional Office(See Appendix A). Signatures: On Of Day P Month a d Year before me personally appeared Scott Masse to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/he free act and deed. d LINDA DIANE MAuEE Notary Pu&IC My CommSion expir✓ tart'Public Commonwealth of Massachusetts My Commission Expires Feb rua 14,2Q4t' wpaform 8b.doc•rev.11/2/01 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1039 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: 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.11/2/01 Page 3 of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A - 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 Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater 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 NewBedford 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 Bourne 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 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661 7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 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 wpaformSb.doc•Appendix A•rev.11/2/01 Page 1 of 1 �rra�aacnuuau� annlCnC vi rr1rnvnntifnal rrvacg.a,vn DEP File Number a Bureau of Resource Protection- Wetlands - / 242-1039 P FormOrder ®f Conditions for IAR EPuse��;� 9 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 9-22-2000 Conservation Commission Date For: The public hearing was closed on: 242-1039 10/04/2000 RojeaFile Number Date To: Title and Date of final Plans and Other Documents: Steven & Linda Weeks Applicant Name Plans prepared by Terry Gensel 148 Bridle Path Mailing Address in Notice of Intent for Steven & Linda North Andover Cayllown Weeks, dated September 20, 2000. MA 01845 state Zip Code The project site is located at: North Andover CiVTown 104C 75 Assessors M#Rlat I PazcelAct l and the property is recorded at the Registry of Deeds for: North Essex 2537 186 Courrty Book Page Certificate(i/registered land) 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 L9 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 Commission orders that all the work shall be performed in ®Public Water Supply accordance with the Notice of Intent referenced above,the ®Private Water Supply following General Conditions,and any other special V Groundwater Supply conditions attached to this Order.To the extent that the conditions modify or differ from theplans, following coed [�Flood Control 9 fY ❑Land Containing Shellfish specifications,or other proposals submitted with the Notice ®Fisheries of Intent,these conditions shall control. ®Storm Damage Prevention X Prevention of Pollution N Protection of Wildlife Habitat massacnusetrsueparrmenrofcnv�ranmenca�rrv,C�uvn Bureau of Resource Protection- Wetlands 242-1039 W.D.A. Form 5 - Order of Conditions 148 Bridle Path 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 finalon 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 (or,"MA DEP")"File Number exclusive privileges; it does not authorize any injury to 242-1039 private property or invasion of private rights. ProjeUFile Number 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 party 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. NOI Plans for Steven & Linda Weeks 5. This Order may be extended by the issuing authority for Tine one or more periods of up to three years each upon 9/20/2000 application to the issuing authority at least 30 days prior to Dated the expiration date of the Order. Adam Scott "P.E. 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 NACC on file with n-v..F C I1�.. 9 IIlA massactiusensuepartmentor tn Bureau of Resource Protection- Wetlands 1242-1039 ' 1488 Bridle Path WDA 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 Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. coMM11017commission 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 citation of municipal law,bylaw,orordinam 15.This Order of Conditions shall apply to any successor in Therefore,work on this project may not go forward unless interest or successor in control of the property subject to and until a revised Notice of Intent is submitted which this Order and to any contractor or other person perform- provides measures which are adequate to meet these ing work conditioned by this Order. standards,and a final Order of Conditions is issued. 16.Prior to the start of work,and if the project involves work U 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 be marked by wooden stakes or flagging. Once in place, Chp. 178 of the Code of North Andover the wetland boundary markers shall serve as the limit of Name ard atmon ofmunicipal law,nye w,orordinance 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 shall be performed Sion. in accordance with the said additional conditions and with the Notice of Intern 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 - 1039 Therefore, the North Andover Conservation Commission(hereafter the "NACU) 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 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\242-1039.doc 1 NACC 10/18/2000 DEP FILE #242 - 1039 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: Installation of a sewer connection 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: Terry Gensel 94 Benjamin Road Shirley,MA 01464 Site Plans prepared by: Terry Gensel 94 Benjamin Road Shirley,MA 01464 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 attempted 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. CAWinword\00C\242-1039.doc 2 NACC 10/18/2000 DEP FILE #242 - 1039 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 where depicted on the approved plan 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 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. 34. 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. 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. C:\Winword\OOC\242-1039.doc 3 NACC 10/18/2000 DEP FILE #242 - 1039 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 242-1039,Expiration Date 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 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. CAWinword1000\242-1039.doc 4 NACC 10/18/2000 DEP FILE #242 - 1039 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. A row of staked hay bales backed by 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. 43. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 15 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. 44. A check payable to the Town of North Andover shall be provided in the amount of$1,000 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 C:\Winword\OOC\242-1039.doc 5 NACC 10/18/2000 DEP FILE #242 - 1039 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 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. 46. 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. 47. 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. CAWinword\00C\242-1039.doc 6 NACC 10/18/2000 DEP FILE #242 - 1039 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). MNG CONSTRUCTION 48. 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. 49. The sewer connection shall be tested accordance with North Andover DPW standards. 50. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. 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 water 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. 51. 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. 52. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. C:\Winword\OOC\242-1039.doc 7 NACC 10/18/2000 DEP FILE #242 - 1039 53. 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. , 54. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 55. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 56. 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. 57. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 58. 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. FIAFTER CONSTRUCTION — Mi 59. 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 Towns Wetland protection ByLaw. 60. 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 CAWinword\00C\242-1039.doc 8 NACC 10/18/2000 DEP FILE #242 - 1039 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. 61. 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. 62. 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. h. A written statement from a Registered Professional Civil Engineer 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 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. CAWinword\00C\242-1039.doc 9 NACC 10/18/2000 DEP FILE #242 - 1039 ➢ 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 subsurface utilities entering the property. 79. The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242 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#^); ➢ Prohibition of underground fuels (Condition#_); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions #_& CAWinword\OOC\242-1039.doc 10 NACC 10/18/2000 DEP FILE #242 - 1039 APPENDIX A-COMPLIANCE CERTIFICATION FORM AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKAT 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 I -authorized agent of a (Signature g PPlicant or owner) C:\Winword\00C\242-1039.doc 11 NACC 10/18/2000 massacnusettsueparrmenror tmironmenrat rrorecrron Bureau of Resource Protection- Wetlands 242-1039 PA Form 5 - Order of Conditions 148 Bridle Path 1 and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 137, §40 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, 18th from the date of issuance. October 18, 2003 day of October Date Month 2000 This Order must be signed by a majority of the conservation 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 Scott Masse 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. Not Pudic My commission expires This Order is issued to the applicant as fellows: ❑ by hand delivery on Date >0 by=TM mailmx emiplutt on October 19,2000 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 Department of Environmental Protection Regional and is inconsistent with the wetlands regulations(310 CMR 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. n....., a ..c c massacnuserrsVeparr>n>enr or tnv1ron1Wmai rru«c iun W.D.A. of Resource Protection- Wetlands 242-1039 . YY<" I�® 5 - Order of Conditions and Bridle Path and North Andover Wetland Massachusetts Wetlands Protection Act M. Massachusetts c. 131, §40 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 North Andover 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 proleaLocavon 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 PWe 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 Document Number SigmPire of Applicaa massacnuserrsuepanrmlenror tn Bureau of Resource Protection- Wetlands 242-1039 r i 1.48 Bridle Path 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 MailingAddress City/Town City/Town State Zip Code State Zip Code Phone Number Phone Number Fax Number(if applicable) Fax Number(f applicable) Project Location: DEP File Number: Street Address City/rown 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 4082 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.