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Home My WebLink AboutMiscellaneous - 230 ABBOTT STREET Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Provided by DEP WPA Form 5 - Order of Conditions 242-1141 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 �n To: Applicant: Property Owner(if different from applicant): IL Malcom Murphy Name Name 230 Abbott Street Mailing Address Mailing Address North Andover MA 01845 Citylfown State Zip Code City/Town State Zip Code 1. Project Location: 230 Abbott Street North Andover reet Address City/Town 38 108 Assessors Map/Plat Number Parcel/Lot`Number 2. Property recorded at the Registry of Deeds for: North Essex 5491 46 County Book Page Certificate(if registered land) 3. Dates: 4/24/02 6/12102 6/20/02 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Notice of Intent 6/12/02 Title Date Environment 1: Grinder Pump Proposed Sewer Connection 6/5/02 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Frank Giles II, PLS Name 6. Total Fee: $55.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 Page 1 of 7 L rig Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1141 Ll 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 Acta Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution 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 protect may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Page 2 of 7 III .LJ, Massachusetts Department of Environmental Protection otection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1141 Massachusetts Wetlands Protection Act M. .L. G c. 131 40 Provided by DEP 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 ofi 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 thre6 square feet in size bearing the words, "Massachusetts Department of Environmental Protection"for, "MA DEP"] "File Number 242-1141 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. L)`—' Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Conditions 242-1141 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 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 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_ Wpaform5.dec•rev.12/15/00 Page 4 of 7 DEP FILE#242 - 1141 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 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 p 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\242-1141.doc 1 NACC 6/20/02 DEP FILE#242 - 1141 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 line within the buffer zone to bordering vegetated wetland and an intermittent stream. 28. The work shall conform to the following(except asnoted in the remainder of this document where revisions may be required): Notice of Intent filed by: Malcolm Murphy 230 Abbott Street North Andover,MA 018445 Dated April 6,2002 Site Plans prepared by: Scott L.Giles&Frank S. Giles 50 Deermeadow Road North Andover,MA 01845 Entitled: Environment 1: Grinder Pump Proposed Sewer Connection,Plan of Land,Location 230 Abbott Street, North Andover,MA,Prepared for Malcolm Murphy,Dated 6/5/02 CAWinword\00C\242-1141.doc 2 NACC 6/20/02 DEF FILE #242 - 1141 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. 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 in previously disturbed areas. 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. CAWinword\00C\242-1141.doc 3 NACC 6/20/02 DEP FILE#242 - 1141 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. M IOR 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 DEP,File Number 242-1141. 38. Prior to the commencement of work,the applicant shall have the centerline of the sewer line staked in the field for review and approval by the Conservation Administrator and/or staff. 39. The applicant shall consider re-routing the sewer line to within the limits of pavement at the wetland crossing area,in order to reduce impacts to the bank and driveway shoulders over the culvert The Conservation Administrator and/or staff must approve the exact location of the sewer line installation over the culvert prior to the commencement of work. 40. 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 C:\Winword\OOC\242-1141.doc 4 NACC 6/20/02 DEP FILE#242 - 1141 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. 41. 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. 42. 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. 43. 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 necessaryand 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. 44. 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 C:\Winword\OOC\242-1141.doe 5 NACC 6/20/02 DEP FILE#242 - 1141 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. 45. 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. 46. A check payable to the Town of North Andover shall be provided in the amount of$3000 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. 47. 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 must be present on site during the work duration of the installation of the sewer line over the culvert.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 C AWinword\OOC\242-1141.doc 6 NACC 6/20/02 DEP FILE#242 - 1141 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. 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 react 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). DURING CONSTRUCTION 50. 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. CAWinword\00C\242-1141.doc 7 NACC 6/20/02 DEP FILE#242 - 1141 51. The sewer lines on the site,where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 52. De-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to dewatering and the culvert crossing is occurring and until this section is complete. De-watering activities 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. 53. 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. 54. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 55. 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. 56. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 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. CAWinword\000242-1141.doc 8 NACC 6/20/02 DEP FILE#242 - 1141 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 e of any pollutant during a hale of constructionth Yp g n Yp e 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. 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. 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 thel' jroect the applicant g licant shall submit the following to the Conservation Commission as part of a request for 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 CAWinword\00C\242-1141.doc 9 NACC 6/20/02 DEP FILE#242 - 1141 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 (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. i. 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 my disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 65. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: CAWinword\00C\242-1141.doc 10 NACC 6/20/02 DEP FILE#242 - 1141 ➢ 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 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\242-1141.doc 11 NACC 6/20/02 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection ' Wetlands ILII 1fVPA For Order< Form 5 C�rc��r cif Gondftrons - 242-1141Prov►ded by o�p Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cant.) Additional conditions relating o rn�nicipal ordinance or bylaw: See Attached Condttiatts . This.Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by citified mail return.recoi t re nested or hand delivered to theapplicant.A co also must be mailed or h d�detivered at the same tirne to the appropriate Department of Environmental Pr©tecticFn Regional 1-14 iee (see Appendix property owner(if different from applicant).}a nat es tc On Of Q Day Monfh and Year before me personally ,ppeared t6 me known to be the peraon,deser ed�irt and who executed the foregoing instrument and acknowledged that he/she ex( same as his/her free act and deed. 'Notary Public My Commission myc This Order is issued to the applicortt as fplr1000: J 7,20& El by hand delivery on E:4/by certified mail,return receipt requested,on Date Date Wpaform5.doc•rev,12/15/00 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Conditions 242-1141 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. in the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Conservation Commission Wpaform5.doc-rev.12/15/00 - Page 6 of 7 j Massachusetts Department of Environmental Protection DEP File Number: �— Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1141 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 Wpaform5.doc•rev.12/15/00 Page 7 of 7 - DEP FILE#242 - 1141 APPENDIX A-AFFIDAVIT 1, 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. Wor 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. 1 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. 1 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\242-1141.doc 12 NACC 6/20/02. 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: 1. Person or art makingrequest (if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor- do Citylfown State Zip Code not use the return key. Phone Number Fax Number(if applicable) rab Project Location Mailing Address re7rvn CityfTown 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 CityrTown 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 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.6/12/02 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. 4 wpaform5.doc•Appendix E•rev.6/12/02 Page 2 of 2 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection— Wetlands �� Form 5 - Order of Conditions for DEP seonly4 and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 protection Bylaw. 13 Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER August 20, 1999 Conservation Commission Date For: The public hearing was closed on: 242-984 September T5, 1999 Project File Number Date To: Title and Date of Final Plans and Other Documents: Mr. Mano j Mun j al x . Apolicarx Name }IM J�u W f n� i pb 230 Abbott Street (\�n��,It Mailing Address 5 V LU , a North Andover, MA 01845 nn {mac City/Town s U r b o I) s+ date Zip Code �`i'l.,V\ �� (101 q �"1�J The project site is located at: NORTH ANDOVER CkylTown Assessors Map 1#38 Lot #108 Assessors,WnlRat i ParcdAof d and the property is recorded at the Registry of Deeds for: Essex 3589 09 Courrf Book Page Certi6ate(ifregsrerd land) Findings Furthermore,this Commission hereby finds that the project,as findings pursuant to the MassachusettsWetlandsproposed,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 X 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 [X-Private Water Supply following General Conditions,and any other special Groundwater Supply conditions attached to this Order.To the extent that the Flood Control following conditions modify or differ from the plans, C Land Containing Shellfish specifications,or other proposals submitted with the Notice iB Fisheries of intent,these conditions shall control. Storm Damage Prevention Prevention of Pollution rX Protection of Wildlife Habitat Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-984 MAI for 5 - Order of Conditions and North Andovf�r 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 ao 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 (or,VA DEP"}"File Number exclusive privileges; it does not authorize any injury to 242-984 „ private property or invasion of private rights. Project file Number 3. This Order does not relieve the permittee or'any other person of the necessity of complying with ail 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 warrantiix�the extended Final Approved Plans(attach additional plan references as time period are set forth as a special condition in this needed) Order. � vs 0'( k IL is+er.A, 5. This Order may be extended by the issuing authority for rine , one or more periods of up to three years each upon (S'log ��/ 4 application to the issuing authority at least 30 days prior top the expiration date of the Order. l w �n 6. Any fill used in connection with this project shall be clean signed Stampby fill. Any fill shall contain no trash, refuse, rubbish, or _ C on file with Massachusetts Departimnt of Fnvironnaentai Protection Bureau of Resource Protection- Wetlands 242-984 IPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. UFFindings (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. consavaeoncommis-von 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. Nameand=ion ofmunicipatlaw,bylaw,or ordinance 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. st that the following ards,and a final Order of Conditions is issued. 16.Prior to the start of work,and if the project involves work g additional conditions are necessary to comply with a municipal law,bylaw,or ordinance,specifi- cally adjacent to,a Bordering Vegetated Wetland,the boundary of Ally the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, U-0, n561 41v_ CpaP A IVarAh'AndDy-Up— the wetland boundary markers shall serve as the limit of ,wrx 1W CXWWd ;aPalla ,,bylaw,(Tordinca 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 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 a �� 61d0 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) DEP FILE #242- 984 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 plans, specifications or other proposals submitted with the Notice of Intent the conditions shall control. GENERAL CONDITIONS man 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 Vlll (B)(p.33) of the North Andover Wetland Regulations). 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. CAWinword\00C\242-984.doc i NACC 9/8/99 DEP FILE#242- 984 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 repair of a septic system and associated grading within the Buffer Zone to a Bordering Vegetated Wetland (BVW). 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: Manoj Munjal, applicant New England Engineering Services, Inc., representative Dated 8/20/99 Site Plans prepared by: New England Engineering Services, Inc. Signed and Stamped by: Richard Tangard, P.E. Dated July 15, 1999, REV 9/4/99 Entitled"Plan Showing Proposed Subsurface Sewage Disposal System for 230 Abbott Street" 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. CAWinwor&00C\242-984.doc 2 NACC 9/8/99 DEP FILE #242 - 984 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. 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. 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. 32.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. 33.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. 34.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. 35.Issuance of these Conditionsdoes 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\00C\242-984.doc 3 NACC 9/8/99 DEP FILE#242- 984 PRIOR TO CONSTRUCTION 36.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. 37.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 of 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. 38.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, Fie Number 242-984. Expiration date=-----." 39.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. CAWinword\0OC\242-984.doc 4 XACC 9/8/99 DEP FILE #242- 984 40.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. 41.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. 42.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. 43.A row of double 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. 9! /9 C:\Winword\OOC\242-984.doc 5 NACC 8 9 DEP FILE #242 - 984 44.The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 extra 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. 45.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 j specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local ByLaw. 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 "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 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 CAWinword\00C\242-984.doc 6 NACC 9/8/99 DEP FILE #242 - 984 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 48.Upon beginning work, the applicant shall submit written progress reports every other month 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.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. 50.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. 51.No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 52.No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shah be rip-rapped to provide permanent stabilization. 53.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 54.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 55.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 CAWinword\000242-984.doc 7 NACC 918/99 �I DEP FILE #242- 984 will be allowed within 100' of areas subject to protection under the Act or local ByLaw. 56.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 57.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. AFTER CONSTRUCTION 58.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. 59.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. 60.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. 61.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 C:\Winword\00C\242-984.doc 8 NACC 9/8/99 DEP FILE #242 - 984 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. ThisP Ian will include: at A ➢ As-Built post-development ment elevations and grades of all filled P 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 any disturbance of soils or vegetation. ➢ Location of all subsurface utilitiesentering the property. 62.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- 984. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. 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# 57); CAWinword\OOC\242-984.doc 9 NACC 9/8/99 DEP FILE #242 - 984 ➢ Prohibition of underground fuels(Condition#58); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions#59). C:\Winward\OOC\242-984.doc 10 NACC 9/8/99 DEP FILE #242- 984 APPENDIX A -AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOC19 1. 1 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. Wor 2. 1 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. 8r 3. 1 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. 1 hereby affirm and acknowledge that on this day of 19 1 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. 1 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) CAWiuward\00C\242-984.doc 11 NACC 9/8/99 �I 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-984 WPA Form 5 - order of Conditions � and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Findinas (cont.) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant to General Conditions#4, 15th from the date of issuance. September 15, 1999 day of September Ole Moan This Order must be signed by a majority of the conservation 1999 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 Albert P. Manzi, Jr. time to the appropriate regional office of the Department of " 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. Not37 Public v Co December 11 2003 My commission expues ' This Order is issued to the applicant as follows: ❑ by hand delivery on Date by certified mail,return receipt requested,/on September 16 1999 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 td'this Order,or the Order which is being appealed and how the Order does not any ten residents oEthe city or town in whicfr 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 ProtectionRegional 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 deliver/to the bylaw,and not on the Massachusetts Wetlands Protection Act Pilin fes and a completed or regulations,ations the Department rtment of Environmental Protection has Department,with theappropriate P P9 P e9 Appendix E: Request for Departmental Action Fee Transmittal no appellate 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 ccnservation commission and to the applicant, if helshe is not the appellant. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 242-984 IPA Form 5 - Order of Conditions and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. 3 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: Consevaion Commission Please be advised that the Order of Conditions for the project at Pmjet Loc tion 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 Pare in accordance with the Order of Conditions issued on Dae If recorded land,the instrument number which identifies this transaction is Inswmert Plumber If registered land,the document number which identifies this transaction is Docume�;,'umner $igmiu.'e of Aoohc�a Massachusetts Department of Envtronimntal Protection Bureau of Resource Protection- Wetlands 242-984 WDA Appendix E - Request for Departmental Action Fee Transmittal Form 2 and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 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 Maiimg Address MaxngAddrass City/rown City/Town Stare Zip Code state Zip Code Phone Number Phone Numb Fax Number(if apphable) Fax Number(if appitable) Project Location: DEP File Number: Stre6 Address City/Town Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state cleariyand 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 650.00, 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. Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 230 Abbott Street WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' General Information From: 3. Title and Final Revision Date of Plans and Other Documents: NORTH ANDOVER �� S Conservation Commission 1. Applicant Mr. Mano j Mun j al 1,S00,S6L1r Name of Person Making Request D 230 Abbott Street T..e-- Mailing Address North Andover, MA 01845 6 City/Town State Zip Code 2. Property Owner. Same as applicant Name of Property Owrer(if different from applicant) Mailing Address City/Town State Zip Code Determination Pursuant to the authority of M.G.L.c.131,§40,the NORTH ANDOVER Conservation Commission has considered your Request for a Determination of Applicability,with its supporting documentation,and has made the following Determination regarding: 230 Abbott Street Stree<Address North Andover, MA 01845 Cfty/Town Zip Code Map 38 Lot 108 Assessors Map/Plat# Parceddt# ..F A Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 230 Abbott Street WPA Form 2 - Determination of Applicability DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Determination (cont) The following Determination(s)is/are applicable to the W 5.The area and/or work described on plan(s)and proposed site and/or project relative to the Wetlands document(s)referenced above,which includes all or part of Protection Act and Regulations: the work described in the Request,is subject to review and approval by Positive Determination NORTH ANDOVER Note:No work within the jurisdiction of the Wetlands Nalm ofWN Pally Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or pursuant to the following wetlands law,bylaw,or ordinance Abbreviated Notice of Intent)has been received from the (name and citation of law). issuing authority(i.e.,conservation commission or the , 1-7-6 Department of Environmental Protection). / —� ❑ 1.The area described on the plan(s)referenced above, 1 V a YJd, JnJpvF9 which includes all or part of the area described in the Request, is an area subject to protection under the Act. Therefore,any removing,filling,dredging,or altering of that area requires the filing of a Notice of Intent. ❑ 6.The following area and/or work,if any, is subject to ❑ 2.The delineations of the boundaries of the resource municipal bylaw but riot subject to the Massachusetts areas listed directly below,described on the plan(s) Wetlands Protection Act: referenced above,which includes all or part of the area described in the Request,are confirmed as accurate: ❑ 7.If a Notice of Intent is filed for the work in the Riverfront Area described on plans and documents referenced above, Therefore,the resource area boundaries confirmed in this which includes all or part of the work described in the Determination are binding as to all decisions rendered Request,the applicant must consider the following pursuant to the Wetlands Protection Act and its regulations alternatives(Refer to the Wetlands Regulations at regarding such boundaries for as long as this`Determina- 1058(4)c.for more information about the scope of tion is valid.However,the boundaries of resource areas not aftemative requirements) listed directly above are not confirmed by this Determina- ❑ Alternatives limited to the lot on which the project is tion,regardless of whether such boundaries are contained located. on the plans attached to this Determination or to the Request for Determination. ❑ Alternatives limited to the lot on which the project is ® 3.The work described on plan(s)and document(s) located,the subdivided lots,and any adjacent lots formerly referenced above,which includes all or part of the work or presently owned by the same owner. described in the Request, is within an area subject to protection under the Act and will remove,fill,dredge,or [I Alternatives limited to the original parcel on which the after that area.Therefore,said work requires the filing of a project is located,the subdivided parcels,any adjacent Notice of Intent. parcels,and any other land which can reasonably be obtained within the municipality. ❑ 4.The work described on plan(s)and document(s) ❑ Alternatives extend to any sites which can reasonably referenced above,which includes all or part of the work be obtained within the appropriate region of the state. described in the Request, is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. n... �ninn n..�..•l..F A Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands . 230 Abbott Street WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Determination (cont.) Negative Determination ❑ 5.The area described in the Request is subject to protection Note: No further action under the Wetlands Protection Act under the Act.Since the work described therein meets the is required by the applicant. However,if the Department of requirements for the following exemption,as specified in Environmental Protection is requested to issue a Supersed- the Act and regulations,no Notice of Intent is required: ing Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post- fxemgAcmiry marked for certified mail or hand delivered to the Depart- ment.Work may then proceed at the owner's risk only upon notice to the Department and to the conservation p 6.The area and/or work described in the Request is not commission.Requirements for requests for Superseding subject to review and approval by Determinations are listed at the end of this document. ❑ 1.The area described in the Request is not an area subject NameofA urkipal ty to protection under the Act or the Buffer Zone. pursuant to a municipal wetlands law,ordinance,or bylaw,. ❑ 2.The work described in the Request is within an area (name and citation of bylaw). subject to protection under the Act,but will not remove,fill, dredge,or alter that area.Therefore,said work does not require the filing of a Notice of Intent ❑ 3.The work described in the Request is within the Buffer Zone,as defined in the regulations,but will not after an Area subject to protection under the Act.Therefore,said work does not require the filing of a Notice of Intent. ❑ 4.The work described in the Request is not within an Area subject to protection under the Act(including the Buffer Zone).Therefore,said work does not require the filing of a Notice of Intent,unless and until said work alters an Area subject to protection under the Act. AuthofiZat10n This Determination must be signed by a majority of the conservation commission.A copy must be sent to the This Determination is issued to the applicant and delivered appropriate Department of Environmental Protection as follows: regional office(see appendix A)and the property owner(if different from the applicant). ❑ by hand delivery on Signatures: Due _ U by certified mail,return receipt requested on ^ September 2, 1999 Due This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from , lY complying with all other applicable federal,state,or local statutes,ordinances,bylaws,or regulations. L 1 99 _ Datefl......o..F e Massachusetts Department of Environmental Protection 230 Abbott Street ' Bureau of Resource Protection- Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Appeals The applicant,owner,any person aggrieved by this Determina- issuance of this Determination.A copy of the request shall at tion,any owner of land abutting the land upon which the the same time,be sent by certified mail or hand delivery to the proposed work is to be done,or any ten residents of the city or conservation commission and to the applicant if he/she is not town in which such land is located,are hereby notified of their the appellant.The request shall state clearly and concisely the right to request the appropriate Department of Environmental objections to the Determination which is being appealed.To the Protection Regional Office to issue a Superseding Determina- extent that the Determination is based on a municipal bylaw, tion of Applicability.The request must be made by certified and not on the Massachusetts Wetlands Protection Act or mail or hand delivery to the Department,with the appropriate regulations,the Department of Environmental Protection has no filing fee and Fee Transmittal Form(see Appendix E:Request appellate jurisdiction. for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of ).F A Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands 230 Abbott Street WPA Appendix E . Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Please type or print clearly all ' Request Information information requested on this form. 1. Person or parry 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 Mailing Address City/Town oly/rown State Zip Code State Zip Code Phone Numbff Phone Numbs' Fax Number(if applicable) Fax Numbrr(it applicable) Project Location: DEP File Number: Slrae(AddeesS cxy/Town c 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$50.40, 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. t t1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number WPA Form 5 - Order of Conditions 242-1206 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 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 Larder of Conditions To: Applicant: Property Owner(if different from applicant): Malcolm Murphy SAME Name Name s, 230 Abbott Street Mailing Address Mailing Address North Andover MA 01845 City/Town state Zip Code civTowri_ State Zip Code 1. Project Location: 230 Abbott Street North Andover Street Address Cityrrown 38 108 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: North Essex 5491 46 County Book Page Certificate(if registered land) 3. Dates: .lune 26, 2003 7/30103 7131103 Date Notice of intent Filed Date Public Heating Closed Date of Issuance 4. Final Approved Plans and Other.Documents(attach additional plan references as needed): Notice of Intent 6126.103 Title Date Environment 1:Grinder Pump,Proposed Sewer Connection Rev. 7124103 Title Date Title Hate 5. Final Plans and Documents Signed and Stamped by: Frank S. Giles Name 6. Total Fee: $55 (from Appendix B:Wetland Fee Transmitta Form) Wpaform5.doc•rev.7131103 Paige 1 of 7. Massachusetts Qeparfn7ent of Envlromnenfal Protection DEP Fie Number Bureau of Resource Protection -Wetlands WPA Farm 5 - Order of Conditions 242-12M ` 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 ® Prevention of Pollution ® 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 Inteirat,. hese 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 Ad's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 398 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.719wD3 Page 2 of 7 Massachusetts Department of Environmental Protection DEP Fft Number. Bureau of Resource Protection-Wetlands WPA Form 5 Order of Condi#ions 242-1206 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 hate mon: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 abw-pf 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 Orden, 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 Number242-1206 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 worts 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 lntent. 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 necessaryby the Conservation Commission or Department for that evaluation. UVpaf-5.dw•rev.719103 Page 3 of 7 I Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 Order of Conditions. 242-1206 Praadedby DEP Massachusetts Wetlands Protection Act M:G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occuratthe 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 ` hereby finds(check one that applies): Conservation Co mbsion ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw cion 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 Cole 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 coalitions modify or differ from the plans,specifications, or other proposals submitted with the Notice of intent, the conditions shall control. Wpaform5.doc-rev.719103 Page 4 of 7 DEP FILE#242- 1206 Therefore,the North Andover Conservation Commission(hereafter the "NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forthin the State Regulations, the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shah 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, s'cations or other proposals submitted with the Notice of Invent;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 Npartment 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 Andov&'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 bate of the Order (Refer to Section VIII (B){p.33)of the North Andover Wetland Regulatim). CAWinwordX00Ct242-1286.&& 1 NACC 7131103 E#24 - 1206 DEP FILE 2 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public bearing if plans or circumstances are changed or if new conditions or information so warrant 24.This Order,242-1206 is issued in addition to the Order of Conditions under 242-1114 for the installation of a sewer connection line. 25.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 bearings before the Department" 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 tern} "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 Certe of Compliance. 28.The proposed work includes:;Construction of an addition and stairs within 200 feet of bordering vegetated wetland resource areas; 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. Malcolm Murphy 230 Abbott Street North Andover,MA 01845 Dated June 27,200 Site Plans prepared by: ScottL.Giles&Frank S.Giles 50 Deermeadow Road North Andover,MA 01845 Entitled: Environment 1 Grinder Pump Proposed Sewer Connection,Plan of Viand,Location 230 Abbott Streets C:\Winv d\QQC\242-1206.d©c 2 NACC 7131103 DPP FILE #242- 120b North Andover,MA,Prepared for Malcolm Murphy,Revised 7/24/03 30. 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. 31.The NACC agrees with the applicant`s delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32.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(251 No-Disturbance Zone and a fifty foot(,%I No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in previously disturbed areas. The Commission has granted the applicant a waiver to construct an addition within 50 feet of a resource area as it will be located within the limits of an existing walkout foundation The Conservation Adtiinisfrator 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 HI(D)&Appendix C of the local Regulations). 33. 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. 34. The owners of the project and it 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 m 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 C:\Winword00C1242-1206.doc 3 NACC 7131103 DEP FILE#242- 1206 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 35. 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 CONSTRUCHON 36. No work shall be undertaken until all adieu istrative 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. 37. 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 s Grantor Index under the name of r.. Registry's the owner of the f'&t&upon which the proceed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Curt 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. 38.A sign shall be displayed at the site not fess than two square feet or more than three square feet in size bearing the words"Massachusetts DEP,File Number 2421206. 39.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 Carder 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 CAWinworAW\242-1206.doc 4 NACC 7/31103 DEP FILE ##242- 1206 changes to the project plans or wetlandimpacts. 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. 40. 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. 41. prior to any work commencing on-site,the applicant shall submit to the NACC for approval,a;detaled 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. 42.All brush and debris must be removed from the 25 foot No-Disturbance Zone in the vicinity of wetland Flag A-10. 43.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 tie`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 clerked 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. 44. 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 shalt 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 Ao 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. CAWmwordX00C%242-1206.doc 5 NACC 7131103 DEP FILE#242- 1206 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. 45.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. 46. A check payable to the Town of North Andover shall be provided in the amount of$1500 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 an conditions which are of continuity nature. The applicant pe Y $ 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 tl�authority of the local ByLaw. 47.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 naive 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 must be present on site during the work duration of the installation of the sewer line over the culvert 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 Monitof' 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 CAWinwordX000t242-1205.doc 6 NACC 7131/03 i .DEP FILE#242- 1206 functioning as intended. In addition,all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts. 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,orassigning 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 construct ion 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, subcctWActors and other personnel performing the permitted work are fully aware of the permits 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 50. 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. 51. The sewer lines on the site,where they cross wetland resource areas,shall be tested for water tightness in accordance with North Andover DI'IN standards. CAWinWmd\00C\242-1206.doc 7 NACC 7/31/03 . r DEP FILE#242- 1206 52,. Ike-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to dewatering and the culvert crossing is occurring and until this section is complete. De-watering activities 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, 53. 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: 54. No exposed area shall remain unfinished for:more than thirty(30)days, unless approved by the NACC. 55. 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. 56. There shall be no stockpiling of soil or other materials within twenty-five(25) feet of any resource area. 57. Washmgs from concrete trucks,or surplus concrete,shall not be directed to, any drainage system,or wetland resource area. 5$. 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 mauls 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 5W 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. CAWinword\f M\242-12W.doc 8 NACC 7131103 { DEP FILE#242- 1206 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. 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 (<A),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 Taw Ys 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 gA-"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. CAW—inw©n11 00242-120b.doc 9 NACC 7/31/03 . DEP FILE #242- 1206 g. The DEP file number. h. 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. i. 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-Buil'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. t .. 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 controldevices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 65. 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 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 CAWimmrd\OOCCi242-1206.dac 14 NACC 7131/03 DEP FILE#242- 120b NACC do not have the authority to waive these setbacks as established under the local ByLaw; A Discharge or spillage of pollutants (Condition#60); ➢ Prohibition of underground fuels (Condition #61);, ➢ Limitations on the use of fertilizers,herbicides and pesticides (Conditions #62). , I CAWinword\OOC\242-1206.doc 11 NACC 7131103 i DEP FILE#242 - 1206 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. AT/or 2. 1 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 affirkh aAd 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\00C\242-1206.doc 12 NACC 7/31/03 Massachusetts Department of Environmental Protection DEP He Number: Bureau of Resource Protection-Wetlands '± WPA Form 5 - Order of Conditions 242-1206 y Pr bDE Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached Conditions This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, frorry the date of issuance. Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by certified mail (retum receipt request and delivered to the applicant.A copy also must be mailed or hand delivered at the same t' he appropriate Department of Environmental Protection Regional Office(see Appendix.A the property owner(if different from applicant). Signatures: 1 1. On Of Day Yew before me personally appeared Scott Masse to me known to be the person described in and who executed the foregoing instrument and actin edged that he/she executed the same as his/her free act and ' �+ f17 my _ ot"Pubk Evwes This Order is issued to the applicant as follows: ❑ by hand delivery on Rr by certified mail, return receipt requested,on Date Date Wpaform5.doc-rev.719103 Page 5 of 7 ' A Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 Order of Conditions 24P4-12ieW M P Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state dearly 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 Omer 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.Ja.the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of t owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shah be submitted to the Conservation Commission listed below. North Andover Consembon Commission Wpaform&doc•rev.719103 Page 6 of 7 Massachusetts Department of Environmental Protection DEP He Number: Bureau of Resource Protection Wetlands l WPA Form 5 order of Conditions 242-1206 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prrnrided by DEP D. Recording Information (cant.) Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. To: North Andover Conservation Commission o .o r P Please be advised that the Order f Conditions for the Project at: 1 Project Location DSP File Number Has been recorded at the Registry of Deeds of.- county f: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 i 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 Wpaform&doc•rev.7!9/03 Page 7 of 7 Massachusetts Department of Environmental Protection of Resource Protection -We Bureauect lands t WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important,. 1. Person or party making request(if appropriate, name the,citizen group's representative): When filling 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) �s Project Location Mailing Address 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 Cityrrown state Zip Code Phone Number Fax Number(t applicable) 3. DEP File Number B. Instructions 1. When the Departmental action request is for(check one); El 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 Conlrnonw9eaM of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E-rev.719103 Page 1 of 2 ^n x LIMassachusetts 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.719!03 Page 2 of 2