HomeMy WebLinkAboutESSEX COUNTY GAS CO 310 CMR 10.29
Form ff
DEP File No. 242-867
_ rfo De orovioed by DEP)
'_— — Cily'Town 'forth Andover
� _-- Commonwealth
- of MassachusettsAooucant Marchionda & Assoc,
L.P.
Boxford St Gas Main Inst.
Certificate of Compliance
Massachusetts'Wetlands Protection_Act, C.L. c. 131 , §40
r=ra-i North Andover Conservation Commission Issuing Authority
62 Montvale Avenue Suite 1 .
–o Marchionda & Assoc. , L.P. Stoneham, MA 02180
(Name) (Address)
Date of Issuance
December 17, 1997
i his Carificate s issued for work regulated by an Order of Conditions issued to Essen County Gas Co.
dated 8/21/97 and issued by the NACC
Its hereby certified that the work regulated by the above-referenced Oraer of Conditions has
been.satisfactodiy cdmp!eted.
Z, Q It is hereby certified that only the following portions of the work regu!ated by the above-reter-
enced Oraer of Conditions have been satisfactorily completed: (If the Certificate of Compiiance
does not include the entire.projectspecify what portions are included.)
Q. It is nere by certified that the.work regulated by the,above-ref erenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
vti-erx subject to regulation unaer the Act may commenced without filing a new Nonce c; Intent
anc receiving anew Order of Conditions.
(Leave Soace Blank)
S-1 ,
I .
a. Q This certificate shall be recorded in the Registry of Deeds or the land Court for the district in
whicn the land is located. The Order was originally recorded on (date)
at the Registry of . Book Page
Recording not necessary
o. The following conditions of the Order shall.continue: (Set forth any conditions contained to the
Final Order, such as maintenance crarcnitering, which are to continue for a longer pertod.)
!sued by North Andover Conservation Commission
Signature(s)
r
01 '
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 17th day of December 19 97 before me
Jr.
personally appeared Albert Manzi, , to me-known to be the
person described in and who executed the foregoing instrument and acknowledged that hershe executed
the same as his/her free act and deed.
r
LE--- December 11, 2003
P,.ctary Public—� My commission expires
ntach on dotted tine and submit to the
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issuing Authan
To NACC
Please be advised that the Ceruticate of Compliance for the protect at.
FileNumoer 242— 867 —has oeenrecorcedatthe Regtstryot Deeds, Northern Essex
and has oeen notes in the cnain of title of the attected'oroceny on t 9
it.reccrcea tanc.me instrument numaer wiruC.'t iaentines taus:ransacuon is
tt registered land.me cocusnent nu=er wn=ice-nattes inat traTLucuon
1
' ;110 LrtiiR 10.99
Form 5
...
tJEP F;19 No. f 242-867
1
.•• (to t,s f0VYxNM by UEr't
— ==N
Commonwealth City,7own North Andover
of Massachusetts
Essex .County Gas Co.
AooliCant
I cif:
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
and under the Town of North Andover's Bylaw Chapter 3.5
From NORTH ANDOVER CONSERVATION CONNISSION
To Essex County Gas Co. Town of North Andover
(Name of Applicant) (Name of proUerly owner)
7 North Hunt Road 120 Main Street
Address
Amesbury, MA 01913 Address No. Andover, MA 01845
This Order is issued and delivered as follows:
17 by hand delivery to applicant or representative on (date)
,L by certified mail, return receipt requested on -FAllez 9n. 303 ZAV J9f (date)
Boxford Street Lot # N/A
Chis project is located at
The property is recorded at the Registry of NorrhP rn F•ggpv _
Book N/A Page N/A
Certificate (if registered)
The Notice of Intent (or this project was filed on June 20, 1997 (date)
1997
The public hearing was closed on August 6, (date)
Findings
North AndoverConservationoo, e
Commission A o ► r , t! tic_ of
h reviewed.� th_ abov_ re _ ced c
Theas e e ed
Intent and plans and has held a public hearing on the project. Based ort the rnlormalron availaole Ie the
NACC at this time. the _I1AC(' _ has determined Ihnt
the area on which the preoosed work is to be done is signiticant to the Icilowirrg interests in accoronnce v.ilh
the Presumpticns of SignificaCCLLce e1 Jo 7� in the re u.lations '•or each Area Subject to Protenoo Under the
uh. i8 , Recreation
Ac' (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178/U Wildlife
Public water supply Flood control ❑ Land containing shellfish
Private water supply Storm damage prevention V Fisheries
Ground water supply Prevention of pollution Protection of wildlife habitzit
Total Filing Fee Submitted 250.00 State Share $1'12.50
City/Town Share $137.50 (', lee in r XCOSS of S?-)
Total Refund Due S City(Town Portion S State Portion S
DEP FILE #242- 867
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 above. To the extent that the
following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
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. 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.
3. This Order does not relieve the permittee or any other person of the necessity
of complying with all other applicable federal, state or local statutes,
ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order.
5. This Order may be extended by the issuing authority for one or more periods
of up to one year each upon application to the issuing authority at least thirty
days(30) prior to the expiration date of the Order (Refer to Section VIII (p.15)
of the North Andover Wetland Regulations).
6. 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.
7. The proposed work includes: Replacement of a failed septic system within the
Buffer Zone of a Bordering Vegetated Wetland(BV%).
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DEP FILE # 242 - 867
8. 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: Essex County Gas Company
DATED 6/2A/97
Plans prepared by: Marchionda&Associates,L.P.
Entitled"Proposed Site Plan"
DATED 7/29/97
9. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland (BVW) and the Riverfront
Area. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above. These resource areas are also significant to the
recreational and wildlife interests of the ByLaw. The applicant has not
attempted to overcome the presumption of significance of these resource
areas to the identified interests.
10. The NACC agrees with the applicant's delineation of the wetland resource
areas on the site as shown on the plans dated REV 7/29/97. Prior to the
issuance of a Certificate of Compliance, the applicant will submit a plan
showing the site's wetland delineation at a scale identical to the Town
wetland map for this location.
11. Issuance of these Conditions does not in any way imply or certify that the site
or downstream areas will not be subject to flooding or storm damage.
12. 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.
13. 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 (except where shown otherwise on the
plan referenced and approved herein) 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. (See Appendix 5 of the local
Regulations).
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DEP FILE #242- 867
PRIOR TO CONSTRUCTION
14. 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.
15. 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.
16. A sign shall be displayed at the site not less than two square feet or more
than three square feet in size bearing the words "Massachusetts Department
of Environmental Protection, File Number 242-867."
17. 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.
18. 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 and the applicant to ensure that all of
the Conditions of this Order are understood. This Order also shall be made
a part of the contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction
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NACC 8/20/97
DEP FILE # 242- 867
supervisor hired to coordinate construction and to ensure compliance with
this Order.
19. The applicant shall submit a construction schedule/sequence to the NACC
detailing the proposed sequence of work on site to complete this project.
20. Wetland flagging shall be checked prior to start of construction and shall be
re-established where missing so that erosion control measures can be
properly placed and wetland impacts can be monitored.
21. A row of staked hay bales 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.
22. The applicant shall have on hand at the start of any soil disturbance, removal
or stockpiling, a minimum of (10) hay bales and sufficient stakes for
staking these bales (or an equivalent amount of silt fence). Said bales shall be
used only for the control of emergency erosion problems, and shall not be
used for the normal control of erosion.
23. A check payable to the Town of North Andover shall be provided in the
amount of$2,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC and shall be posted with the North
Andover Town Treasure 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 provision,
satisfactory to the NACC,has 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.
CAWinword\000\242-867.doc 4 NACC 8/20/97
DEP FILE #242- 867
DURING CONSTRUCTION
24. Upon beginning work, the applicant shall submit written progress reports
every 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.
25. 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.
26. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
27. No regrading 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.
28. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
29. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
30. 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.
31. Accepted engineering and construction standards and procedures shall be
followed In the completion of the project.
32. Members of the NACC or its agent shall have the right to enter upon and
inspect the premises to evaluate and/or effect compliance with this Order of
Conditions. The NACC reserves the right to require, following field
inspection, additional information or resource protection measures.
33. 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
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DEP FILE # 242 - 867
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
34. No underground storage of fuel oils shall be allowed on any lot within one-
hundred (100)feet of any wetland resource area. This condition shall survive
this Order of Conditions, and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland protection
ByLaw.
35. Fertilizers utilized for landscaping and lawn care shall be organic and low-
nitrogen content, and shall be used in moderation. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition is
issued under the authority of the Town's Wetland Protection ByLaw.
36. 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.
37. Upon completion of the project, the applicant shall submit a letter to the
NACC from a Registered Professional Civil Engineer certifying compliance
with this Order of Conditions and the approved plans referenced herein(or
approved revisions). Certification includes, but is not limited to, verification
that the limit of work coincides with the approved"NO
DISTURBANCE/NO-BUILD" zones. A stamped "As-Built' topographic
plan of all areas within the jurisdiction of the Wetlands Protection Act and
ByLaw shall be submitted when a Certificate of Compliance is requested.
This plan will include(where applicable):
a) "As-Built" elevations of all drainage structures constructed within 100
feet of any wetland resource area;
b) Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, stone walls, POOLS,
retaining walls, and approved decks;
c) A line showing the limit of work. "Work" includes any disturbance of
soils or vegetation;
CAWinword\00C\242-867.doc 6 NACC 8/20/97
DEP FILE #242- 867
d) Location of all subsurface utilities entering the property;
e) Location of existing erosion controls.
39. Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The name and address of the current landowner;
b) The name and address of the individual/trust or corporation to whom
the compliance is to be granted;
c) The street address and assessor's map/parcel number for the project;
d) The DEP file number;
e) A statement certifying compliance with the Order of Conditions and
approved plans.
40. 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 # 242-867. 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;
• Maintenance of catch basins;
• Discharge of spillage of pollutants;
• Prohibition of storage of fuels underground;
• Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\00C\242-867.doc NACC 8/20/97
242-867
Issued 8y North Andover Conservation Commission
Signature(s) ��"
//,�c ^ ��
This Crcer must be signed by a maionty of the Conservation Commission.
Or, tats 20th day of August 1997 beicre me
personally a--:eared Joseph W. Lynch, Jr. to me Known to ce the
person eesgr; ed in ar,g wno executed the !orec:�-tny instrument ana ac,,no:needed that me.sne exec,.;tec
the same as .his;her free act anc geed.
e
Ncta-; r ;^..c My ccmmisson exG:res
The .no ccHner. anv-e=.-.ac;nevea=y tats Crcer, anv owner of lana az.ning the lana wrticn the ..__ crr!s:__
t
acne.cr any ten res gems v ^e c:;•;or town n wmcn sucn Lana:s iodated.are nereov notdiea w the+r rcn!to request:re C=carT—e^!v
Enwror.merna; Prc;ty;:cn !a ;ss;.e a Sucersec r. Crcer, orcvio:r-, the request!s mace cy cernitea^an cr nano ceiivery:c me Ceca"—
wto;re accrccr:a;e t ink ree an:Fee Transco: at co n+as croviam in 310 CAR io.03(7).witntn ten cans trem the case c!asuance c:;ra
Oaten:naucn. ccoy V ,no rec::est ssaii at;^e same time ce sent cy certittec matt or hand delivery to me Canserva::an CarTm.SS.ar
anc the
If ,:o wish to appeal this decision under the Town 3viaw, a cezziiair.t
;rust 'oe =_iec Superior Court.
08tach on cot;eo line ant:suemit to the :Torth Andover Consery prior to commencement at wora.
.............................................................................................................................................................18.............
North An
Conservatyon Commission, 120 Main St. , No. Andover ss�,rc��irc,,w
To T ,
Please ce aevisea that the Orcer of Ccnattions tar ine protect a
242— Deeds. North Essex Inc
�•te Nurncer has Been reccrcea at the raeristr�of
nas teen notea in sne main of title of the attecteo crocerty in accordance witn General ccnattion 6 on
t9
It reccrcea fano. the instrument numoer wntut teenaties tnis oansacron is
It registereo tans. the document numoer whtcn iaennites thtS lrarlsacuon is
Accvcan!
Signature
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