HomeMy WebLinkAboutHANNIGAN, JAMES 6
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When fillingFrom:
1. Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not James Hannigan New England Power Company
use the return a. First Name b.Last Name c.Company
key. 25 Research Drive
d. Mailing Address
Westborough MA 01582
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
Exisitng right-of-way easement North Andover
a.Street Address b.City/Town
NEP easement NEP easement
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note: Various Various
electronic filers will click for GIS locator): e.Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
c. Book d.Page
7. Dates: 6/1/07 10/10/07 10/31/07
a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Electric Distribution Conducting & Pole Replacement Activities Salem Harbor-Ward Hill Line
a. Plan Title
TRC Richard E. Dupre, P. E.
b. Prepared By c.Signed and Stamped by
9/5/07 1"=40'
d. Final Revision Date e.Scale
See Attached
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $1,000.00 $237.50 $762.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
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t
L71Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. 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:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
Protection of Wildlife®
d. ® Private Water Supply e. ❑ Fisheries f. Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. 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. 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. 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. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
[ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
r
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c.linear feet d. linear feet
4. Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
i. 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:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ f. ® Protection of Wildlife
Fisheries Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. 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. 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. 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. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.06(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
® Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet
4. ® Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under
a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d,square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft C.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.ciy nourishmt. d.Gy nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a,square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a,square feet b.square feet
c. cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.311!05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 -- Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(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.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection [or, WA DEP"]
"File Number 242-1406 "
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
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.
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.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.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.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following 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.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 P Y
additional See attached
conditions,
select box to
attach a text
document
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DEP FILE #242 - 1406
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 B Law and Regulations,
to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 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.
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.
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DEP FILE #242 - 1406
25. This Order of Conditions is issued under File No. 242-1406.
26. This Order of Conditions is issued under the Limited Project Provisions,Ch 131.
Section 40, 310 CMR,10.53 (3) (d).
27. 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.
28. 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.
29. The proposed work includes: The replacement and relocation of existing utility poles
located along the B-154N/C-155N ROW Transmission Line from Dale Street/Ipswich
Road to Sharpners Pond Road. Specifically,the project will consist of the replacement
of over 100 aged wooden poles and/or reinforcement of existing structure components
(i.e. wooden poles,guy anchors,and crossarms and the relocation of two existing poles
(#173 (C-155) & #204 (B-154))within the wetland resource area to a location within the
local 25' No-Disturbance Zone resulting in approximately 41,042 s.f. of temporary
impacts and approximately 20 s.f. of permanent impacts. It should be noted that the
applicant had significantly reduced said temporary impacts,from what was originally
proposed, by thoroughly examining all access options to present an alternative,less
intrusive route.
Work will be conducted within 200 foot Riverfront Areas(Mosquito Brook, Cedar
Brook, and Boston Brook),Bordering Vegetated Wetland (BVW),and buffer zone to
Bordering Vegetated Wetland. Work will also occur within or adjacent to Estimated
Habitat and Priority Habitat of state-listed species (Blandings Turtle (Emydoidea
blandingii), Blue-spotted Salamander (Ambystoma laterale),and the Four-toed
Salamander (Hemidactylium scutatum)).
30. 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: New England Power Company (NEP) (Applicant)
C/o James Hannigan
25 Research Drive
Westborough,MA 01582
Dated June 2007,Revised July 2007
(Includes attachments A through G)
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DEP FILE # 242 - 1406
Prepared by: TRC Environmental Corporation
Wannalancit Mills
650 Suffolk Street
Lowell,MA 01854
Site Plans prepared by: TRC Environmental Corporation
Wannalancit Mills
650 Suffolk Street
Lowell,MA 01854
Entitled: "Electric Distribution Pole Conductoring and Pole
Replacement Activities Salem Harbor-Ward Hill Line"
Dated September 5,2007 (final revised),consisting of
Sheets 1 through 11.
Other Record Documents: Letter from TRC Environmental Corp. dated August 8,
2007,
Letter from TRC Environmental Corp. dated September
24,2007 addressing Amendments to the Notice of Intent,
Division of fisheries &Wildlife Natural Heritage
Endangered Species Program letter dated June 28,2007.
Documents by Reference only (submitted after the close of the public hearing):
Letter from TRC dated October 15,2007 addressing"no
work"restrictions,outage periods,and BMP measures.
31. The following wetland resource areas are affected by the proposed work: Riverfront
Area, Bordering Vegetated Wetland (BVW) and Buffer Zone to Bordering Vegetated
Wetland. 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.
32. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
33. 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 with exception to the activities as approved herein. 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
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DEP FILE #242 - 1406
grade, soils or vegetation is permitted in the No-Disturbance zone (See Section 3.4 &
Appendix F of the local Regulations).
34. Any temporary alterations to resource areas shall be substantially restored in
accordance with the approved methodologies and in accordance with the supporting
documents referenced herein and shall be restored to pre-existing hydrology and
topography. At least 75% of the surface of any area of disturbed vegetation shall be re-
established with appropriate indigenous wetland plant species and/or with a wetland
seed mix, or other suitable means of restoration as determined by the NACC upon
completion of work activities.
35. 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.
36. 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.
37. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property. In the case of recorded
land,the Final Order shall also be noted in the Registry's Grantor Index under the name
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DEP FILE # 242 - 1406
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.
40. Nine (9) signs shall be displayed at each access roadway (Sharpners Pond Rd., Salem St.,
Laconia Drive,Forest St.,Sherwood Drive,Boxford St.,Foster St.,Bruin Hill Rd.,and
Dale St.) not less than two square feet or more than three square feet in size bearing the
words "Massachusetts DEP,File Number 242-1406." Locations of the signs must be
reviewed and approved by the Conservation Administrator.
41. 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.
42. 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.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
,approval, a detailed sequence of construction,including the construction of
compensation and retention areas,installation of sedimentation/erosion control
devices, specific time frames for pole replacement and conductoring activities and re-
vegetation to be completed before other work begins on-site.This construction
sequence shall be updated on a weekly basis submitted to the Conservation
Department the Wednesday prior to the following week) and shall be completed in
accordance with all best management practices as approved and referenced herein.
44.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be
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DEP FILE #242 - 1406
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
45. Prior to construction,the travel access corridors must be staked with orange safety
fencing or by other prominently marked methods. The Conservation Administrator
shall verify the marked access route locations during the pre-construction meeting.
46. A row of staked hay bales backed by trenched siltation fence shall be properly installed
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. Erosion controls shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion and
shall be immediately removed upon completion of work activities in sensitive habitat
locations as directed by the Erosion Control Monitor or the Conservation
Administrator. 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.
47. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 50 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.
Additional emergency erosion controls shall be on site prior to the commencement of
any work and shall be verified by the Conservation Department during the pre-
construction meeting.
48. A check (no surety) payable to the Town of North Andover shall be provided by the
applicant in the amount of$30,000 (based upon total temporary impacts (pole replacement
activities and swamp mat placement) and permanent impacts to the local 25 foot No-
Disturbance Zone along a lengthy and highly sensitive habitat corridor),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.
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DEP FILE #242 - 1406
49. The applicant shall designate a Qualified Professional Wetland Scientist as an"Erosion
Control Monitor" to oversee any emergency placement of controls and regular inspection or
replacement of sedimentation control devices. The name and phone number of the erosion
control monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including weekends.
Credentials of said Erosion Control Monitor shall be submitted in writing for review and
subsequent approval by the NACC or agent thereof. 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.
50. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or assigning
any portion of said land to another party, subject to said Orders of Conditions,the
"Compliance Certification Form Affidavit" attached via"Appendix A" signed under the
pains and penalties of perjury, stating that said applicant and/or owner has read these
Orders of Conditions and is in compliance with each and every condition. This document
shall apply to each of the conditions referenced herein and shall be provided to the
Conservation Department at least five (5) business days prior to the closing of said land
transaction.
51. 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. The NACC reserves the right to rewire an additional pre-construction
meeting should work activities commence and then stop for a period of more than four (4)
months to ensure that access routes remain marked, emergency erosion controls are on site,
BMP's are in place,DEP signs remain in place, etc. 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).
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DEP FILE # 242 - 1406
DURING CONSTRUCTION
52. Upon beginning work,the applicant shall submit written progress reports every
Wednesday detailing what work has been done in or near resource areas, and what
work is anticipated to be done over the next week. This will update the construction
sequence (refer to condition#42).
53. Accepted engineering,construction standards and procedures, and Best
Management Practices (BMPs) shall be followed in the conduct of all work and in
accordance with the approved NOT/documents referenced herein. Specific BMPs
for Estimated Habitat areas shall be followed such as,but not limited to,avoidance
on impacts to vernal pools and areas of sphagnum hummocks,removal of erosion
control barriers as soon as possible to avoid creating unnecessary barriers to
wildlife movements,following appropriate turtle protection procedures including
searching work areas for turtles prior to heavy equipment entering the site and
removing turtles from work areas and travel routes,etc.
54. ON EVERY MONDAY of each week,in which construction activities occurs on-site
and for as long thereafter as ground remains unstabilized,the applicant shall submit a
written report from the "Erosion Control Monitor' to the NACC certifying that,to the
best of his/her knowledge and belief based on a careful site inspection, all work is
being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity, and/or
other water quality impacts.
55. 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 de-watering activities are occurring and until complete. If de-watering
becomes necessary, activities shall be conducted in accordance with a de-watering
plan to be submitted and approved by the Conservation Department. 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.
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DEP FILE # 242 - 1406
56. Prior to activities within estimated habitat and each day active construction
continues,the construction right of way shall be inspected for the presence of rare
species. Searches and sweeps shall continue to be conducted in accordance with
approved Best Management standards and practices referenced herein. Identified
rare species shall be carefully relocated to an area within the same wetland system
but outside of the work area.
57. The Erosion Control Monitor must also be on site at all times during wetland
crossing activities and dewatering activities. Work may not proceed through
wetland resource areas without the presence of the Erosion Control Monitor.
58. The Erosion Control Monitor shall contact the Conservation Department at the
beginning of each workday,in which work activities occur within resource areas,to
verify that site conditions are suitable,temporary impacts can not be avoided and
that all BMP's have been adequately addressed. While the applicant asserts that the
timing of the work needs to occur between certain outage periods,the timing of said
work through resource areas must be reviewed and approved by the Conservation
Administrator prior to the commencement of that work for final verification and
approval. Further,the Erosion Control Monitor shall contact the NACC or agent
thereof on a daily basis (by 4 p.m.),in which work occurs within resource areas and
associated buffer zones,to provide a verbal report of the work activities conducted
that day.
59. Erosion control devices shall be inspected regularly;any entrapped silt shall be
removed to an area outside of the buffer zone and wetland resource areas;silt fence
and hay bales shall be replaced as necessary.The areas of construction shall remain
in stable condition at the close of each construction day.All erosion controls shall
be in place throughout the duration of construction or unless authorized by the
Conservation Department.
60. Immediately upon completion of activities and stabilization of disturbed surfaces
within 100 feet of vernal pools or within a designated habitat area,the erosion
controls shall be removed and properly disposed of. The Environmental Monitor
shall contact the Conservation Department to verify that the area is adequately
stabilized prior to the removal of said erosion controls.
61. In the event that erosion controls must remain in place within 100 feet to vernal
pools or within areas of estimated habitat during breeding season or migration
periods,the Conservation Department shall be contacted and measures such as
species searches and sweeps shall continue to be conducted daily and in accordance
with approved Best Management standards and practices referenced herein until
erosion controls have been removed. Identified rare species shall be carefully
relocated to an area within the same wetland system but outside of the work area.
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DEP FILE # 242 - 1406
62. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls
are adequate and secure,and that all BMP s are adequately functioning.
63. All wetland crossings must be conducted within the staked/marked access routes as
shown on the approved plans. Variation outside of this travel corridor is not
allowed unless otherwise approved by the Conservation Department. Swamp mats
must be installed prior to access over wetland resource areas and remain in place
until all work within the wetland resource area is complete. Swamp mats located
within Estimated or Priority habitat areas shall be properly removed immediately
upon completion of work in said area in accordance with the appropriate BMP
measures approved and referenced herein and/or as directed by the Erosion Control
Monitor or the Conservation Department.
64. 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.
65. Slopes steeper than 2:1 shall be appropriately stabilized to reduce erosion.
66. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area. Further, excess soils,which remain from pole installation, shall
be removed and hauled off site.
67. After soil disturbance,all disturbed areas shall be immediately mulched and/or
seeded with the appropriate seed mix. This shall all be done in accordance with
NRCS guidelines. All disturbed areas located within wetland resource areas and
buffer zones,which are to be only temporarily disturbed during construction, shall
be restored to previously existing conditions.
68. Washings from concrete trucks, or surplus concrete, shall not be directed to,any
drainage system, or wetland resource area and must be conducted outside of the
buffer zone to all wetland resource areas.
69. Equipment,including but not limited to,construction vehicles,poles,wiring,
anchors, crossarms, etc., shall not be staged overnight within 100 feet of a wetland
resource area,unless otherwise approved by the Conservation Administrator.
70. Access roadways shall be adequately swept and cleaned of any excess soil materials
upon completion of the use of said access roadways.
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DEP FILE # 242 - 1406
71. 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.
72. 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 or
staged overnight 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.
All vehicles accessing over wetland resource areas must be equipped with spill
response kits.
AFTER CONSTRUCTION
73. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done
by mulching and seeding according to NRCS standards. Appropriate seed mixtures
shall be applied to the previously disturbed areas and stabilization will be
considered complete once vegetative cover has been achieved.
74. A final inspection on site with the Conservation Administrator,Environmental
Monitor and the applicant's representative shall be conducted upon completion of
work activities and upon stabilization of the site. The NACC, or agent thereof,
reserves the right to require additional restoration/mitigation measures if efforts are
determined to be inadequate during this time. Should such additional mitigation
be required,the applicant shall immediately implement said restoration/mitigation
activities as directed.
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
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DEP FILE #242 - 1406
h. A written statement from a Registered Professional Civil Engineer of the
Commonwealth and or Registered Land Surveyor certifying that the work has
been conducted as shown on the plan(s) and documents referenced above,and as
conditioned by the Commission.
i. A letter from a qualified professional wetland scientist stating that all
permanent and temporary alterations to wetland resource areas have been
adequately restored and the site has been seeded and stabilized in accordance
with the approved plans, documents,and BMP's stated and referenced herein.
j. Pictures submitted of various pole replacement areas and wetland crossing areas.
k. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land Surveyor of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: I£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 any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
76. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of the adjacent Bordering Vegetated Wetland
(BVW) resource area. Future work within 100' of existing 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 (Condition
#33);
➢ Discharge or spillage of pollutants (Condition#71);
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DEP FILE #242 - 1406
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
- 20----, 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 the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property,which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of ,20
(Authorized agent of applicant or owner)
C:\Winword\OOC\242-1406NEPEasement.doc 14 NACC 10/31/2007
L71Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 1,0131107
condition pursuant to General Conditions#4, from the date of issuance. 1. Date offissuabce
Please indicate the number of members who will sign this form: 7
This Order must be signed by a majority of the Conservation Commission. 2. Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures
lJ, Dv19/V/
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Aqf`' of 040 ber'
Day Month Year
Before me, the undersigned Notary Public, Scb1+ K's 5V--
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
Cityrrown
DONNA M.WEDGE
g NOTMY PUBLIC Signature of Notary Public
COMMONWEALTH Of MASSACHUSETTS
' Pity comm.Expires Aug.7,2009 r % �T
R. b dW n.4 A !ry
Printed Name/of Notary Public
Place notary seal and/or any stamp above ei *7 J .20a!7
My Commission rkpires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on by certified mail, return receipt requested, on
10/31 / `7
Date Date
wpaform5.doc• rev.3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. 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 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.Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
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.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 - Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1406
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. 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 this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Salem Harbor-Ward Hill Line 242-1406
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
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