HomeMy WebLinkAboutTOWN OF NORTH ANDOVER DEPT OF PUBLIC WORKS (7) N
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1362
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Bruce D. Thibodeau, P. E., Division of Public Works Director
computer, use Name
only the tab
key to move 384 Osgood Street
your cursor- Mailing Address
do not use the North Andover MA 01845
return key. City/Town State Zip Code
Q2. This Certificate of Compliance is issued,for work regulated by a final Order of Conditions issued to:
Town of North Andover Department of Public Works
Name
rem November 1, 2006 242-1362
Dated DEP File Number
3. The project site is located at:
WinterStreet, Foster Street, Lost Pond Lane North Andover
Street Address City/Town
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex North 10829 90
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
5/19/08
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are,released from this Order are:
wpaform 8b.doc•rev.7/13/04 Page 1 of 4
ILA
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File number:
WPA Form 8B — Certificate of Compliance
2-1362
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24Provided vb
by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
80
C. Authorization
Issued by:
North Andover
Conservation Commission Date,of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and appropriate DEP Regional Office (See Attachment).
Signatures:
,r r
wpaform 8b.doc•rev.7/13/04
Page 2 of 4
c
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WP
A Form
8B -
Certificate of Compliance
242-1362
LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On thisDay Of Month Year
before 1me, the undersigned Notary Public, personally appeared
,V �' 'i P f�i �t P
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 City/Town Conservation Commission
A
Signature of Notary Public
DONNA M.WEDGE ��/1 /}�
_ NOTARY PUBLIC ®Y!/7/ G G
COMMONWEALTH OF MASSACHUSETTS
MY Comm Expires Aug.7,2009 Printed Name of Notary Public
7c2 o)o
My Commi ion npires(Date)
Place notary seal and/or any stamp above "- -
Signature of Notary Public or
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Page 3 of 4
t
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
L1362
L7 Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24vided
Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Winter St., Foster St, Lost Pond Lane 242-1362
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform 8b.doc•rev.7/13/04 Page 4 of 4
a
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413 784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508 792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508 947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Maiden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•DEP Addresses•rev.12/13/07 Page 1 of 1
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1362
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 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 Eugene Willis Town of North Andover DPW
use the return a. First Name b.Last Name c.Company
key. 384 Osgood Street
d. Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Town of North Andover
a. First Name b.Last Name c.Company
120 Main Street
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
5. Project Location:
Winter St, Foster St, Lost Pond Lane North Andover
a. Street Address b.Cityrrown
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42 40'40" 71 03' 17"
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)
N/A
c. Book d.Page
6/1/06 it/ ke
7. Dates: a. Date Notice of Intent Filed b.Date P blif He ring Closed c.Dat of Issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Plan of drainage improvement project
a. Plan Title
Vanasse Hangen Brustlin, Inc. Paul S. Carter, P. E.
b. Prepared By c.Signed and Stamped by
5/26/06, revised 7/12/06 Y'= 1000'
d.Final Revision Date e.Scale
f.Additional Plan or Document Title
g. Date
9. Total WPA Fee Paid: Exempt $2,580.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1362
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. ® Fisheries f. ® Protection of Wildlife
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
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 242-1362
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
s. ❑ 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.Gy nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.Gy 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
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1362
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, "MA DEP"]
"File Number 242-1362 "
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1362
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 SEP File Number:
WPA Form 5 - Order of Conditions 242-1362
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 bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
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DEP FILE # 242 - 1362
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 days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) 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.
25. This Order of Conditions is issued under File No.242-1362.
C:\Winword\OOC\M osquitoBrookDrainage.doc 1 NACC 1/3/2007
DEP FILE#242 - 1362
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its
employees and all successors and assigns in interest or control. These obligations shall be
expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term Applicant as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of Intent,
supporting documents and this Order of Conditions. The NACC shall be notified in writing
within 30 days of all transfers of title of any portion of property that takes place prior to the
issuance of a Certificate of Compliance.
28. The proposed work includes: the replacement and construction of new culverts under
Foster Street (Culvert E),Winter Street (Culvert H),Lost Pond Lane (Culvert D) and a
private Lane off of Winter Street (Culvert Z) for the purposes of drainage improvements
along Mosquito Brook. Work will occur within Riverfront to Mosquito Brook, BVW,
Bank,LUW,BLSF and associated buffer zones. Work will also occur within the locally
regulated 25-foot No-Disturbance Zone. The majority of the work will occur within
previously disturbed 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: Town of North Andover DPW(Applicant)
384 Osgood Street
North Andover, MA 01845
Dated June 2006
Town of North Andover (Owner)
120 Main Street
North Andover,MA 01845
Notice of Intent prepared by: VHB/Vanesse Hangen Brustlin, Inc. (Representative)
101 Walnut Street
Watertown,MA 02471
Site Plans prepared by: VHB/Vanesse Hangen Brustlin, Inc.
Entitled"Drainage Improvement Project Mosquito
Brook", dated May 26,2006, sheets 1-12,revised General
Plan sheets 9 &10 dated 9/29/06,revised Project Plans
sheets 4,7, &8 dated 7/12,/06. Stamped & Signed by Paul
S. Carter,P.E.
Additional Plans: "Aerial Topographic and Culvert Survey" Sheets 1-7
dated June 28,2004;
Drainage Report
Prepared by: VHB/Vanesse Hangen Brustlin, Inc.
Entitled "Mosquito Brook Drainage Study" dated
October 2004,Revised May 2006,last Revised 10/3/06
(section 7-Proposed Drainage Improvements).
C:\Winword\OOC\MosquitoBrookDrainage.doc 2 NACC 1/3/2007
a
DEP FILE #242 - 1362
Other Record Documents: Division of Fisheries &Wildlife Natural Heritage &
Endangered Species Progam (NHESP) letter dated June
23,2006;
Review letter prepared by Lisa Eggleston,P.E. of
Eggleston Environmental dated July 6,2006;
Response letter prepared by VHB dated July 17,2006;
Review letter prepared by Lisa Eggleston,P.E. of
Eggleston Environmental dated July 26,2006;
Letter prepared by VHB dated August 7,2006;
Response letter prepared by VHB dated August 8,2006;
Letter prepared by Eugene P.Willis,P.E.,Town of North
Andover Director of Engineering,to Mrs. Andrukaitis
dated July 28,2006;
Letter prepared by Eugene P.Willis,P.E.,Town of North
Andover Director of Engineering,to Boxford
Conservation Commission and Boxford Board of
Selectman dated August 25,2006,
Letter prepared by Ross Povenmire,Boxford Director of
Conservation dated September 25,2006;
Final review letter prepared by Lisa Eggleston,P.E. of
Eggleston Environmental dated October 11,2006.
30. The following wetland resource areas are affected by the proposed work: Riverfront,BVW,
Bank,LUW, BLSF and associated buffer zones.
31. 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 approved plans 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 except in those previously disturbed areas and those
areas approved under this filing shall be established from the edge of the adjacent wetland
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DEP FILE #242 - 1362
resource area. The applicant shall make every effort to minimize impacts to the resource
areas and to the 25' No-disturbance 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. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors,subcontractors, and other
personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter,the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title, in the event they proceed to alter areas
subject to the Commission's jurisdiction under the order,agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage system
and that said Town shall not be liable for any damage in the event of failure. By acceptance
of this Order, the owners agree to indemnify and hold harmless to the Town and its
residents for any damage attributable to alterations undertaken on this property pursuant to
the Order. Maintenance of the drainage system, if accepted by the Town as part of a public
way,becomes the responsibility of the Town.
36. 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
37. 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.
38. 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.
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DEP FILE# 242 - 1362
39. A sign shall be displayed at each culvert location not less than two square feet or more than
three square feet in size bearing the words"Massachusetts DEP,File Number 242-1362."
40. The applicant shall duly meet and satisfy the Army Corps of Engineers new
Programmatic General permit (PGP) standards for stream crossings. Any permits and/or
findings issued by the Army Corps of Engineers shall be submitted to the NACC upon
issuance in addition to any associated revised plans and documents. The applicant shall
submitsuch findings and revised information to the NACC for review and approval prior
to the commencement of any work(see condition 41 below).
41. Any changes in the submitted plans caused by the applicant,the Army Corps of
Engineers,FEMA, any other federal,state,or local jurisdictional authority,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 construction sequence, including a dated timetable of construction, the
construction of compensation and retention areas, installation of sedimentation/erosion
control devices,roadway infrastructure, phasing associated with the development and the
construction of the associated stormwater management structures. The construction
sequence shall specify that all work including stabilization measures shall be completed
between low flow conditions (July 1st to September 1st).
44.Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the approved
plan(s) throughout the life of the project and until a Certificate of Compliance is issued so
that erosion control measures can be properly placed and wetland impacts can be
monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags
and shall be confirmed by the NACC. Such markers shall be checked and replaced as
necessary and shall be maintained until all construction is complete. Workers should be
informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time. All flags used for the above
purposes shall be of a color different from other flagging used on the site.
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DEP FILE #242 - 1362
45. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. Additional erosion control measures (i.e. - sandbags,
checkdams,filter fabric,jutematting, etc.) shall be placed and implemented as necessary
as described in the Notice of Intent or as determined by the Project Manager, Site
Contractor, Erosion Control Monitor,and/or the Conservation Department. If necessary,
haybale check dams and/or other appropriate erosion control measures shall be
implemented and installed immediately downstream from the proposed work. 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 immediately upon(within 24 hours) of the Commission's request.
46. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,
a minimum of 48 hay bales (12 at each location) 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. All
additional emergency erosion controls shall be on site prior to the commencement of any
work on site and will be verified by the Conservation Department during the pre-
construction meeting.
47. A check payable to the Town of North Andover shall be provided in the amount of$10,000,
which shall be in all respects satisfactory to Town Counsel, Town Treasurer,and the NACC,
and shall be posted with the North Andover Town Treasurer through the NACC before
commencement of work. Said deposit of money shall be conditioned on the completion of
all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and
Town Counsel, and shall be released after completion of the project,provided that
provisions, satisfactory to the NACC,have been made for performance of any conditions
which are of continuing nature. The applicant may propose a monetary release schedule
keyed to completion of specific portions of the project for the NACC's review and approval.
This condition is issued under the authority of the local Bylaw.
48. The applicant shall designate a 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.
Proof of the retained monitor must be submitted to the Conservation Department on
letterhead by the retained consulting firm for subsequent review and 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
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DEP FILE # 242 - 1362
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt.
49. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains unstable,
it is the applicant's responsibility to ensure that the Environmental/Erosion Control
Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC shall
certify 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 EMC 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. Monitoring reports shall include current condition of erosion and
sedimentation controls; describe any erosion or sedimentation repair and/or
replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented.
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 after 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. 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 for each pre-construction meeting
(e.g. 72 hours).
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DEP FILE # 242 - 1362
USTOR:MMIWATER MANAGEMENT CONDITIONS
52. All drainage structures shall be properly installed and functional. Further, all drainage
structures shall be properly maintained during construction.
53. 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.
54.Water quality down gradient shall not differ significantly following completion of the
project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
55. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements of
the drainage system, unless put into an easement to the Town of North Andover, in order to
avoid blockages and siltation which might cause failure of the system and/or detrimental
impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative
cover on the site.
DURING CONSTRUCTION
56. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
57. All work activities shall be conducted during low or no flow conditions, specifically from
July 1St to September 1St of any given year,to decrease downstream turbidity and to prevent
migration of sediments.
58. 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; erosion control devices 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 remain in place throughout the duration
of any construction on site.
59. The Environmental Monitor shall be on site during all construction activities to ensure
that work is being performed in compliance with this Order. The monitor must visually
inspect any sedimentation/erosion control measures and assume responsibility for their
maintenance 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.
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DEP FILE # 242 - 1362
60. Upon completion of work activities at each location, disturbed stream bank and buffer
zone areas shall be immediately seeded with the appropriate conservation/wildlife seed mix
and stabilized with jute matting if necessary.
61. Prior to the removal of existing vegetation in the resource areas or the 25-foot no-
disturbance zone,the Conservation Department shall be contacted to determine whether this
vegetation provides specific wildlife habitat value and/or function and shall have the
authority to limit such removal if such is evident. Further,the Conservation Department
shall have the authority to require additional mitigation and/or restoration of any removed or
significantly disturbed vegetation within these jurisdictional resource areas not previously
approved under this filing.
62. Any approved removal of native vegetative species shall be considered for use in creating
additional (or maintaining existing)wildlife habitat throughout the project site. Any such
enhancement areas shall be placed as directed by the Conservation Department.
63. 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.
64. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this
order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch
basins be maintained. All catch basins shall be free of all accumulated silt and debris before
Compliance is issued and the owner or his/her agent shall so specify in the request for
Compliance.
65. 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.
66. 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.
67. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site at all times while
dewatering is occurrin;;. De-watering activities shall be conducted as approved under this
filing unless otherwise directed by the Conservation Department or the Erosion Control
Monitor. Dewatering 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 - 1362
68. 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.
69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,
loamed and seeded prior to November 1st of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate
conditions allow for seeding.
70. 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.
71. Equipment shall not be staged overnight within 50-feet of a wetland resource area.
72. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
74. 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.
75. 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.
UAFTEZRCONSTRUCTION
76. 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.
77. 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
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DEP FILE #242 - 1362
seeding according to SCS standards. If the latter course is chosen,stabilization will be
considered complete once vegetative cover has been achieved.
78. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
79. Upon completion of the project the applicant shall submit the following to the Conservation
Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A -"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the
request for a Certificate of Compliance indicating that they read and understood the
recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (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 a—X disturbance of soils or vegetation.
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DEP FILE # 242 - 1362
➢ Location of all subsurface utilities entering the property.
80. 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. 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#75);
➢ Maintenance of all culverts,collections basins,traps, outlet structures, subsurface
storage areas, and other elements of the drainage system,unless put into an
easement to the Town of North Andover,in order to avoid blockages and
siltation,which might cause failure of the system and/or detrimental impacts to
on-site or off-site resource areas (Condition#64);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition#76).
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DEP FILE # 242 - 1362
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\MosquitoBrookDrainage.doc 13 NACC 1/3/2007
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 242-1362
Massachusetts Wetlands t ands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special afo
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of I su nce
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 prope er, if different
from applicant.
Signatures:
l
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this aS-A of 04vow aD06
Day Month Year
Before me, the undersigned Notary Public, -��- �"�aS�¢_
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
City/Town
M
t7DOM K WEDGE
cmomyMONWEAL OFMASSACHUSETTS ARYPUSUC Signature of Notary Public
Comm.Expires Aug.7.^009 D ah n Yy?, L✓��
Printed Name of N ary Public
Place notary seal and/or any stamp above t7 ADO
My Commi sion pires(Da e)
This Order is issued to the applicant as follows:
[(by hand delivery on ❑ by certified mail, return receipt requested,on
I L3A7
Datef 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 242-1362
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 242-1362
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:
242-1362
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.311105 Page 9 of 9