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HomeMy WebLinkAboutMiscellaneous - 1160 GREAT POND ROAD 4/30/2018 (11) Co tv Go �, r � � 5tiq'Pi:BD��+►s CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS Gas Main Installation— 1160 Great Pond Road, North Andover At the October 7, 2015 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for the installation of 1,100 linear feet of natural gas pipe portions of which are within the 100-foot Buffer Zone to Bordering Vegetated Wetland. Gas pipe will be installed in the existing paved roadway and/or edge of paved roadway leading to the existing science building at Brooks School. Pipe will be installed using Open Trench Method described in the herein referenced documents. The project will conform to the following: Applicant: Columbia Gas of MA 995 Belmont Street Brockton,MA 02301 Representative: Merrill Corporation Joshua Bows,PE 427 Columbia Road Hanover,MA 02339 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: September 21, 2015 Record Plans: Titled:Wetland Delineation Overlay Plan (Key Sheet and Sheet 1) Prepared by: Merrill Corporation Date: August 2015 SPECIAL CONDITIONS: 1. The applicant shall ensure that the site contractor has reviewed the Determination and is aware of the wetland resource area and the limits of the proposed work. 2. Prior to the start of construction, the contractor will install erosion controls between the proposed work and wetland resource areas as described in the herein referenced documents. Silt Sacks shall be installed in all catch basins along the work route. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverM-�_Conservation/index t , 3. Prior to the start of work, the applicant will submit a plan of the gas pipeline corridor.This corridor shall be located as far from wetland resource areas as is practicable.This plan will be subject to approval by the Conservation Department. 4. Once erosion controls are installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 5. All trenches will be backfilled daily. No material stockpiling is proposed. 6. Upon completion of the approved project and site stabilization,please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Columbia Gas of MA Brooks School return key. Name Name 995 Belmont Street 1160 Great Pond Road r� Mailing Address Mailing Address Brockton MA 02301 North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code ILEI 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Wetland Delineation Overlay Plan (Key Sheet and Sheet 1) August 2015 Title Date Title Date Title Date 2. Date Request Filed: September 21, 2015 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Installing a gas main connection to Brooks School within the Buffer Zone to Bordering Vegetated Wetland. Project Location: 1160 Great Pond Road North Andover Street Address City/Town Map 103 28 & Public Roadway Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.12/14 Pagel of 5 LJMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability•rev.12114 Page 2 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. o. The work described in the Request is within the Butter gone, as uetit tCu to the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Bylaw only (see conditions attached) ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone).Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaformZcloc•Determination of Applicability•rev.12/14 Page 3 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ® 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: 10.02 (2)(b)(2)(i) Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your- city-or-town.html) and the property owner if different from the applicant). Signat es: AaARi /,r Date wpaform2.doc•Determination of Applicability•rev.12/14 Page 4 of 5 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals Thea applicant, owner, an person aggrieved b this Determination an owner of land abutting the land PP � � Y p 9g Y � Y 9 upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office(see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.html)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•Determination of Applicability•rev.12/14 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b.City/Town,Zip c. Check number d.Fee amount Important: 2 Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) r� 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): retrmi Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12115 Page 1 of 2 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 2 of 2 ` v Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 MTA Form 5-Order of Conditions eDEP Transaction#:699735 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER a A. General Information 1. Conservation Commission NORTH ANDOVER 2.Issuance a. E OOC b.F- Amended OOC 3.Applicant Details a.First Name BRIAN b.Last Name PALM c.Organization BROOKS SCHOOL d.Mailing Address 1160 GREAT POND ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.First Name b.Last Name c.Organization BROOKS SCHOOL d.Mailing Address 1160 GREAT POND ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 1160 GREAT POND ROAD b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 103 e.Parcel/Lot# 28 f.Latitude 42.70245N g.Longitude 71.087W 6.Propedy recorded at the Registry of Deed for. a.County b.Certificate c.Book 4.Page NORTHERN ESSEX 0 0 7.Da" a.Date NOI Filed: 10/27/2014 b.Date Public Hearing Closed: 11/19/2014 c.Date Of Issuance: 11/20/2014 8_Final Approved flans and Other Documents a.Plan'Title: b.Plan'Prepared by: c.Plan Signed/Stamped by: d.Revised Final late: e.Scale: BROOKS SCHOOL WHITMAN& BINGHAM NONE November 4,2014 1"=10' DOCKS ASSOCIATES,LLC RETAINING WALL DAIGLE ENGINEERS, JONATHAN M. REPAIR-CROSS INC. LONGCHAMP,P.E. 11/04/14 3/8"=1-0" SECTION Page 1 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 "W1PA Form 5 -Order sof Conditions eDEP Transaction#:699735 { , Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER B. Findings 1.Finding$pmrmant to lre M % a h,Aceft Wedands PwteWon Act Following the review of the 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. r Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution d. r Private Water Supply e. 1✓ Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. 1✓ Storm Damage Prevention i. r Flood Control 2-Cion Hely finds Akc project,as proposed,k Approved subject to: a.r 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: ` b.r 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 interests of the Act,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. c.I-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 interests of the Act,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). 3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10.02(1)(a). a.linear feet Inland Rmw=Arra Irnp actL ForAnwvals Only). Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. F Bank 195 195 195 195 a.limrarfwl h linear feet c.linear feet d.Emm fed 5.F Bordering Vegetated Wetland 70 70 70 70 a.square feet b.square feet c.square feet d.square feet 6. rLand wxlcrvl+aterbodiesand Waterways a.Squaw til h square fct a squme fi= d-square foet Page 2 of 10*ELECTRONIC COPY r Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 WPA Form 5 -Order of Conditions eDEP Transaction 4:699735 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER e c/y domed f dy dredged 7.r— 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 8.r—JlsibftdIandSubjecttoFkuuding a Squaw feet b.squaw fed Cob is Beet Fkwd Skmage a cubic fet L cubic feet e_cubic he f cubic feet 9.C 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 g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.T Dasiguated ADAAam Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12 F BaTficrBeac hcs Indicate size under Coastal Beaches and/or Coastal Dames below 13.r Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.F Coastal Daum a sere feet h square feet c.c/y nourislm ud cay 15.C Coastal Banks a linear feet b.linear feet 16.ar Roby IamaraiM Slimes Z sgaane feet h sq=e feet 17.f Salt Marshes 7 square feet b.square feet c.square feet d.square feet 18.I- Land Under Salt Ponds a.square feet b.square feet •c.c/y dredged d.c/y dredged Page 3 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 r WPA Form 5-Order of Conditions eDEP Transaction#:699735 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 19.r— Containing Shellfish a.square feet b.square feet c.square feet d.square feet Luudu�me sive aadcr Caul lBanim inland Bank,Hand Under the 20.Ir FUi ltuas Ocean,and/or inland Land Under Wamabodies and W"zways, above e-dy&edged d.dy dredged 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. F Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW q b.square feet of Salt Marsh 23- r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts 'Wetlands Protection Act The following conditions are 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. 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. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, Page 4 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 WDA Form 5 -Order of Conditions eDEP Transaction#:699735 Massachusetts ANDOVER 1 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 until all proceedings before the Department have been completed. 9. 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 the 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.. 10. 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'MassDEP"1 File Number:"242-1633" 11. 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 Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. 17. 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. 18. All sedimentation barriers shall be maintained in good repair unfit 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is frilly stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Page 5 of 10*ELECTRONIC COPY 77 Massachusetts Department of Environmental Protection Provided by MassDEP: L) Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 VPAor 5-Order of ConditionseDEP Transaction#:699735 City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;W. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another parry has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.hi the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 WPA Firm 5 -Order of Conditions eDEP Transaction#:699735 [` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED Page 7 of 10*ELECTRONIC COPY I i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1633 eDEP Transaction#:699735 WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable?E Yes 1— No 2. The Conservation Commission hereby(check one that applies a. I— DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.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 or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. 1✓ APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 PROTECTION BYLAW 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: �- Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 WPA Form 5-Order of Conditions eDEP Transaction#:699735 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date ofOri inal Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. 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: V 4 ✓ 1�n r by hand delivery on 94y certified mail,return receipt requested,on Date Date 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 MassDEP 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 for 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 providing written information to the Department prior to issuance of a Superseding Order. 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(3 10 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. Page 9 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 eDEP Transaction#:699735 WPIC Form —(➢rder of Conditions City/Town:NORTH ANDOVER { 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 this page 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: 1160 GREAT POND ROAD 242-1633 Project Location MassDEP 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 Rev.4/1/2010 Page 10 of 10*ELECTRONIC COPY I i I I I DEP FILE #342 - 1633 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 1J 20. The proposed work within jurisdiction includes: repair and replacement of portions of an existing stone retaining wall. The wall serves as Inland Bank to Lake Cochichewick. 21. The work shall conform to the following{except as noted in the remainder of this document where revisions may be required): Project Location: 1160 Great Pond Road North Andover, NIA 01845 Applicant/Property Owner: Brooks School 1160 Great Pond Road North Andover, Massachusetts 01845 Notice of Intent filed by: Brian Palm Date filed: October 24, 2,014 Site Plans prepared by: Whitman&Bingham Associates, LLC 510 Mechanic Street Leominster, Massachusetts 01453 Titled: Brooks School Docks Work Area Sketch to Accompany N.O.I. Date: November 4, 2014 Revised: 11-17-14 Daigle Engineers, Inc. 1 East River Place Methuen, MA 01844-3818 Titled: Retaining Wall Repair-Cross Section (2 sheets) Date 11/04/14 Revised: 11/17/14 Other Record Documents: Copy of Chapter 91 License 242-1633,Great Pond 1160(Brooks School)Spec.Cond 1 NACC 11/20/2014 DEP FILE #242 1633 22. The term"Applicant" as used in this Order pp e 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two 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). 29. 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. 242-1633,Great Pond 1160(Brooks School)Spec.Cond 2 NACC 11/20/2014 DEP FILE #242 - 1633 30. There the Department of(Environmental Protection (DPP) 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. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Inland Bank and Buffer Zone to Bordering Vegetated Wetland (BVW) associated with Lake Cochichewick. 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. 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 fiftyfoot oot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area as shown on the herein referenced plans except as previously developed. 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. Whereafter,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 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. PRIOR TOCONSTRUCTION 242-1633,Great Pond 1160(Brooks School)Spec.Cond 3 NACC 11/20/2014 � I DEP FILE #242 - 1633 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DFP, File Number 242-1633." 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction,including the installation of sedimentation/erosion control devices,wall repair and wall construction and all other work planned through final stabilization. 42. A turbidity curtain will be installed as detailed on the "Work Area Sketch" referenced herein. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. 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 242-1633,Great Pond 1160(Brooks School)Spec.Cond 4 NACC 11/20/2014 ILEI' FILE #242- 1633 example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 43. A check payable to the Town of North Andover shall be provided in the amount of $2,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 44. 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. 45. 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 and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 242-1633,Great Pond 1160(Brooks School)Spec.Cond 5 NACC 11/20/2014 DEP FILE #242- 1633 46. 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. 47. Water quality in down gradient BVW's 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. 48. The applicants, owners, and their successors and assignees, shall maintain, in perpetuity, all culverts, collections basins,traps, outlet structures, subsurface storage areas, and other elements of the drainage system, 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 49. Upon beginning work, the applicant shall submit written weekly progress reports 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. Reports shall be submitted in as part of the weekly environmental monitoring report .see condition#45 P � ) 50. Dewatering activities are not proposed as part of the filing. 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. 511. Any fill used in connection with this project shall be clean fill,containing no trash, refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire, lath,paper,cardboard, pipe, tires ashes refrigerators,motor vehicles or parts on any of the foregoing. 52. All exposed soil finish grade surfaces shall be immediately 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. During construction, any area of exposed soils 242-1633,Great Pond 1160(Brooks School)Spec.Cond 6 NACC 11/20/2014 DEP FILE #242 - 1633 that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 53. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 54. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Stockpiled materials shall be maintained within erosion controls. 55. Washings from concrete trucks or surplus concrete shall not be directed to, an g � p � Y drainage system, or wetland resource area. The contractor will wash all concrete into a preformed plastic form that will be removed from the site after work is complete. The wash station will be located more than 100 feet from wetland resource areas as outlined in documents submitted with the Notice of Intent. 56. All wasteenerated b , or associated with, the construction activity shall be contained g Y Y within the limit of work and away from fY wetland resource area. There shall be no an 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 dum sters will be allowed within 50' of areas subject to protection under the Act p J or local ByLaw. 57. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 58. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 59. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 60. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 5%) and phosphorous free, 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 242-1633,Great Pond 1160(Brooks School)Spec.Cond 7 NACC 11/20/2014 DEF FILE #242 - 1,633 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. 61. There shall be no dumping of leaves, grass clippings,brush, or other debris into a wetland resource area or beyond the limits of clearing. This condition shall survive the issuance of a Certificate of Compliance. 62. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 63. 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. 64. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 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 (P.E.) (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 then 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. 242-1633,Great Pond 1160(Brooks School)Spec.Cond 8 NACC 11/20/2014 DEF FILE #242 - 1633 ➢ 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 a1�disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 65. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP# 2424633. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition #61); ➢ Prohibition of underground fuels (Condition#62); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #63); ➢ Prohibition of dumping of leaves, grass clippings,brush, or other debris (Condition#64). 242-1633,Great Pond 1160(Brooks School)Spec.Cond 9 NACC 11/20/2014 DEF FILE #242- 1633 APPENDIX A-AFFIDAVIT 1, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE,BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP(File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1633,Great Pond 1160(Brooks School)Spec.Cond 10 NACC 11/20/2014 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1623 l� WPA Form 5 -Order of'Conditions eDEP Transaction 4:658832 v a� Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER _ A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. r OOC b.r Amended OOC 3_Appfimnt D a.First Name BRIAN b.Last Name PALM c.Organization BROOKS SCHOOL d.Mailing Address 1160 GREAT POND ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4_Propel 0WON a.First Name BRIAN b.Last Name PALM c.Organization BROOKS SCHOOL d.Mailing Address 1160 GREAT POND ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 S_Project Lotion a.Street Address 1160 GREAT POND ROAD b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 103 e.Parcel/Lot# 28 f.Latitude 42.71178N g.Longitude 71.08792W 6_ftopedy rewrded at lle ReeLshy of Deed for_ a.county b.,Certificate c.Book d.Page NORTHERN ESSEX 2285 328 7jDales a.Date NOI Filed: 5/8/2014 b.Date Public Hearing Closed: 5/28/2014 c.Date Of Issuance: 6/13/2014 8Fi and AFPmvad Plate and Dllier Does a.Flan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.(Revised Final Date: e.Scale: BROOK SCHOOL AQUATIC CONTROL NONE 4/30/14 VARIES POND:FIGURES 1-3 TECHNOLOGY,INC. B. Findings Page 1 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: A � Bureau of Resource Protection- Wetlands MassDEP File#:242-1623 WPA Form 5 -Order of Conditions eDEP Transaction#:658832 �{ Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER Following the review of the 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. r Public Water Supply b. r Land Containing Shellfish a F Prevention of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. F Storm Damage Prevention i. r Flood Control 2 - bcrcby(irm&&epr a s Approved subject to: a.r 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: b.r 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 interests of the Act,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. c.r 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 interests of the Act,and a final Order of Conditions is issued.Adescription of the specific information which is tacking and why it is :necessary is attached to this Order as per 31©CMR 1fl d5(6)(c). 3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10.02(1)(a). a.linear feet hfiand Resumm Ann hnpzc1cfficrAXwovJs Or3Ift Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4- ']rte c &4 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet fi- FLznd daWand li6,ra wajs 35,660353-5; 35fiffl ra Sq=c ff I 6i.sillmmE= c. eat df sqmw RET C-c7y dmdzcd Ee7y 7.r Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Page 2 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1623 j,ti A Form -Myler of`Conditions eDEP Transaction#:658832 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/I'own:NORTH ANDOVER Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet S_f-Lw1EdadL2wdSdbjmtGF1oDdrmZ a. fiea h5queWrect CchicFedFbWSftwagc erccbk fed d.C&k2 2 -cdticfact fcabicExt 9.F'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 g.square feet h.square feet i.square feet j.square feet CAzdvJ Ramurce Aroma Jmpackc Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10- FbfftAvem nndal=dUndiar A3el below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 17 T-BarfierBeaches 1 mwm3rrCAnsW]Bcwlm C:®a!gk1Danmbelow 13.F-Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14-f-Coa9slDoics a fist b.squacfed cdynomidmvx1ddywu&hmc& 15.F Coastal Banks a.linear feet b.linear feet 16-1-Rocky hftfffiM Shorm a feet h Meet 17.F Salt Marshes a.square feet b.square feet c.square feet d.square feet 1&F-Lend Illm3er&&Pb0& c-c7y drzdged c7y dredged 19.F Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Page 3 of 9*ELECTRONIC COPY LlMassachusetts Departanent of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1623 FOrl -Order[1fC©TI(11t1oIlS eDEP Transaction#:658832 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town.-NORTH ANDOVER l size Cm"Bamdu,jmFmdBakLand Undraift 20.l—fiffiR ms Occomk,andbriobtad lmd Lida WaImbuilk s and W abmw c cly dwdgad d.cly drudged 21.C Land Subject to Coastal Storm Flowage a.square feet b.square feet 22- r- 2r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BV W b.square feet of Salt Marsh 23- I—Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. Gent rail Con,ditions Unger NUssachusetts Wedands Protection Act The following conditions are 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. 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. 8. 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. 9. 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, Page 4 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1623 eDEP Transaction#:658832 W'A Foran 5 -Order iof Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 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 the 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.. 10. 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'MassDEP"] File Number:"242-1623" 11. 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 Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. 17. 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. 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Page 5 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: L11 Bureau of Resource Protection-WetlandsMassDEP File#:242-1623 WPP Fonn 5 -'Order�ofConditions eDEP Transaction#:658832 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission('Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. i) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special[Conditions: Page 6 of 9*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection-Wetlands MassDEP File#:242-1623 VVPA Form 5 -Orderof Conditions eDEP Transaction#:658832 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER O. Findings Under Municipal Wedands Bylaw or Ordinance L Is a municipal wetlands bylaw or ordinance applicable?F Yes r No 2. The Conservation Commission herebv(check one that applies): a. F DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.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 or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 PROTECTION BYLAW 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED Page 7 of 9*ELECTRONIC COPY Massachusetts Departmentof Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1623 ? s PA Foran 5 -girder.of Conditions eDEP Transaction#:658832 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Cityffown:NORTH ANDOVER F. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified , J, —1 pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Ori final Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2 Number Signers a majority of the Conservation Commission. 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: 1 I— by hand delivery on 'by certified mail,return receipt requested,on Date Date 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 MassDEP 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 for 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 providing written information to the Department prior to issuance of a Superseding Order. 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(3 10 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. Page 9 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection-Wetlands MassDEP File#:242-1623 WPA �© 5 _Order�� oIiiit1t1II6 eDEP Transaction#:658832City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 .. 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 this page 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: 1160 GREAT POND ROAD 242-1623 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of- County £County Book Page for. Property Owner BRIAN PALM 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 Rei.4/1/2010 Page 9 of 9*ELECTRONIC COPY DEP_FILE.#242=1623 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations,the.local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: an Aquatic Management Program on an irrigation pond using EPA/State registered aquatic herbicides and algaecides to preserve the intended irrigation functionality of the pond. Less than one-half of the pond or 35,660 s.f. will be treated. A monitoring program is included. 21. The work shall conform to the following: Applicant: Brian Palm Property Owner: Brooks School 1160 Great Pond Road North Andover, MA 01845 Representative: Marc Bellaud Aquatic Control Technology, LLC 11 John Road Sutton, MA 01590 Dated: April 2013 Site Plans prepared by: Aquatic Control Technology, Inc. Title: Figure 1 - Site Locus Date: 4/30/14 Title: Figure 2 -Vegetation Distribution Date: 10/22/13 Title: Figure 3 - Proposed Treatment Area Date: 10/22/13 22. 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. 242-1623,Brooks School Pond- Aquatic Mgt Program 1 NACC 6/13/2014 DEP FILE#242—1623 23. 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. 24. 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. 25. 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. 26. 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. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two 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). 29. 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. 30. 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. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Land Under Waterbodies and Waterways. This resource area is significant to the interests of the Act 242-1623 Brooks School Pond- Aquatic Mgt Program 2 N q g g ACC 6/13/2014 DEP FILE #242— 1623 and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 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 except as shown on the herein referenced site plans. 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. 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 agree that the Order does not in itself impose upon the Town any responsibility to maintain the pond or outlet structures 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. PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land w on uphich theproposed 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 i 242-1623,Brooks School Pond- Aquatic Mgt Program 3 NACC 6/13/2014 DEP FILE #242— 1623 recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number #242-1623." Prior to application of herbicide, signs shall be posted around the Brooks School Pond at regular intervals notifying the public of the application and any associated restrictions. 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed sequence including dates of the herbicide application,follow-up monitoring and sampling dates. No turf irrigation will occur for a period of three (3) days as detailed in the Notice of Intent. Approval of the sequence is required prior to application. 42. Application shall be done when water levels in the pond are low and preferably when water is below the pond outlet. 43. Equipment access and staging areas (if needed) shall be clearly identified prior to the start of work. Workers should be informed that no use of machinery, storage of machinery or materials, or construction activity is to occur beyond the staging area without prior approval from the Conservation Department. 44. The use of erosion controls is not required by this Order. However, all erosion prevention and sedimentation protection measures found necessary during the Aquatic Management Program shall be implemented at the direction of the NACC or its agent. 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 Commissions request. i 242-1623,Brooks School Pond- Aquatic Mgt Program 4 NACC 6/13/2014 DEP FILE #242— 1623 45. A check payable to the Town of North Andover shall be provided in the amount of$1,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC,and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC,and Town Counsel, and shall be released after completion of the project, provided 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 46. At least once during each week in which herbicide/algaecide application occurs the applicant/contractor must visually inspect the work/application area for siltation, turbidity,wildlife/fish kills and/or other water quality impacts. The applicant/contractor shall notify the Conservation Department of any matter that requires attention by the Commission or the agent. The NACC will receive a copy of all monitoring reports or assessments produced as part of the project. 47. 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. 48. Prior to commencement of any activities on site, the applicant will notify the Conservation Department of the start of work to confirm that appropriate signage has been installed and that the water levels are sufficiently low enough to prevent water leaving the site through the in pond outlet structure. This Order shall be included in all 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 supervisor responsible for the coordination of the proposed work and to ensure compliance with this Order. "FSTORM"WATER MANAGEMENT CONDITIONS 242-1623 Brooks School Pond- Aquatic M Program 5 NACC 6/13/2014 9 � g DEP FILE #242— 1623 49. Water quality in down gradient BVW's 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. DURING CONSTRUCTION 50. All work herbicide/algaecide application shall be performed by properly licensed applicators. 51. Work activities shall follow the application techniques, procedures, monitoring and product specifications as submitted in the Notice of Intent referenced herein. 52. No change in grade/deepening or alteration of the pond bottom or along the shores/banks of the pond shall be allowed during or as a result of the approved activities. 53. Herbicide/algaecide activities shall be limited to those areas detailed in the proposed management area shown on the plans referenced herein, unless otherwise approved by this department. I 54. Any collected nuisance vegetation, if any, shall be taken off site and transported to an approved compost facility. 55. If unforeseen problems occur during the project which may adversely affect the statutory interests of the Wetlands Protection Act or the By-law, upon discovery by either the NACC,its agent, or the applicant, the NACC shall immediately be notified, and an immediate meeting shall be held between the NACC (or its agent) with the applicant and other concerned parties, to determine the best corrective measures to be employed. The applicant shall then act to cure the problems using the corrective measures agreed upon. Subsequent to resolution, the activity and resulting corrective actions shall be documented in writing. 56. The work areas shall remain in stable condition at the close of each construction day. 57. No dewatering activities are proposed. 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. A ring of hay bales shall surround the discharge area and a silt sock shall be used. De-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor. This designee must be on-site while work specific to de-watering activities are occurring and until complete. Activities shall be monitored daily by the Environmental 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 under the MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. 242-1623,Brooks School Pond- Aquatic Mgt Program 6 NACC 6/13/2014 DEP FILE #242— 1623 58. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 59. Washings from trucks, or other debris, sand,vegetation, shall not be directed to any drainage system or wetland resource area. 60. All waste generated by, or associated with, the approved activity shall be contained within the limit of work, 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. i 61. 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 phase of construction the NACC shall be notified by the P g an Y p applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 62. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 63. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), phosphorous free 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. 64. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 65. Immediately upon completion of Aquatic Management activities, the Conservation Department shall be notified for a post application inspection. The applicant will gather data on the effects of management and environmental changes. A report will be submitted to the NACC with recommendations for the following year until the Aquatic 242-1623,Brooks School Pond- Aquatic Mgt Program 7 NACC 6/13/2014 a DEP FILE #242- 1623 Management Program is complete. All data collected and analyzed will be shared with the NACC. 66. 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. 67. 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 the applicant's representative stating that work was done as approved including the post-management testing and report. 68. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1623. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition #61); ➢ Prohibition of underground fuels (Condition#62); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #63). 242-1623,Brooks School Pond- Aquatic Mgt Program 8 NACC 6/13/2014 DEP FILE #242- 1623 APPENDIX A-AFFIDAVIT 1, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. 1 hereby affirm and acknowledge that on this day of 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 Order of Conditions are presently in compliance. (DEP File#) & 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 20 (Signature-authorized agent of applicant or owner) 242-1623,Brooks School Pond- Aquatic Mgt Program 9 NACC 6/13/2014 r � • �� LEI)j • CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 1160 Great Pond Road, North Andover At the March 26,2014 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative Determination of Applicability for construction of a connector drive,parking and pedestrian access ways as well as chapel improvements as shown on the herein referenced plans. Stormwater management improvements are also proposed. With the assistance of a third party consultant, Eggleston Environmental, the project, as designed,will not directly connect to existing stormwater management structures and all stormwater will be directed to Low Impact Development BMPs.The project will conform to the following: Owner/Applicant: Brooks School 1160 Great Pond Road North Andover,MAO 1845 Representative: A.T. Leonard&Associates Andrew Leonard 675 Jones Hill Road Ashby,MA 01431 Record Documents: Request for Determination of Applicability Form 1 and supporting materials, submitted: February 28, 2014 Plans Titled: Existing Conditions Plan—January 31,2014 Plan Titled: Chapel&Connector Drive Improvements (2 sheets—Overall Plan and Preliminary Erosion Control Plan) —March 14,2014 Letter from Anthony M. Cleaves,P.E. Whitman&Bingham Associates,LLC 510 Mechanic Street Leominster,MA 01453 Re: Stormwater Assessment Chapel& Connector Drive Improvement Brooks School,North Andover Date: February 21, 2014 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index Stormwater Review: Eggleston Environmental 32 Old Framingham Rd,Unit#29 Sudbury,MA 01776 Emails dated: March 11, 18 & 19, 2014 SPECIAL CONDITIONS: 1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the project plans and is aware of the wetland resource areas and the limits of the proposed work. 2. Prior to the start of construction, the contractor will install erosion controls per the Erosion Control Plan. Once erosion controls are installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. 3. Excess soils or other material shall not be stockpiled within 100' of the resource areas. 4. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed), please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. I 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Brooks School return key. Name Name 1160 Great Pond Road Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code nam 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Chapel & Connector Drive Improvements-Overall Plan March 14, 2014 Title Date Chapel & Connector Drive Improvements- Preliminary Erosion Control Plan March 14, 2014 Title Date Existing Conditions Plan January 31, 2014 Title Date 2. Date Request Filed: 2/28/2014 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Creation of a connector drive, parking and pedestrian access ways and chapel improvements outside of the 100-foot buffer zone including stormwater improvments. ProLocation: 1 i 1160 Great Pond Road North Andover Street Address City/Town Map 103 Parcel 28 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.08/13 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling,dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation r 9v.OS/1 Pae2of5 wpaform2.doc•Determination of Applicability• e 3 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ® 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•Determination of Applicability•rev.08/13 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Z by certified mail, return receipt requested on 3 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www mass gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your- city-or-town.html) and the property owner(if different from the applicant). Signatures: IL Date wpaform2.doc•Determination of Applicability•rev.08113 Page 4 of 5 L7" JMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office (see tom://www.mass.gov/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.html) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•Determination of Applicability•rev.08/13 Page 5 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. CityfTown State Zip Code ta° Phone Number Fax Number(if applicable) Project Location mam Mailing Address CitylTown State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address CityfTown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ($120 for individual single family homes with associated structures; $245 for all other projects) ❑ Superseding Determination of Applicability ($120) ❑ Superseding Order of Resource Area Delineation ($120) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 1 of 2 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for- your-city-or-town.htm1). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 2 of 2 NoRT11 O�SS�au �eA'�'p O p ATEO �9SSACHUS� CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 1160 Great Pond Road, North Andover At the August 28, 2013 public hearing, the North Andover Conservation Commission (NACC) voted to bi - issue a Negative Determination of Applicability for the relocation of an electrical aeloomet ca and transfo Migmeo based coolant within the buffer zone to Bordering Vegetated Wetland (BVW) The will be more than 50 feet from BVW. Applicant: Brian Palm Brooks School 1160 Great Pond Road North Andover,MA 01845 Record Documents: Request for Determination of Applicability including Description of Work and Associated Aerial Photographs and Sketched Site Plans Submitted:August 15, 2013 Exhibit#1 —Transformer Submitted at Public Meeting August 28, 2013 SPECIAL CONDITIONS: •'• Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the • limits of the proposed work. Determination and is aware of the wetland resource area and the •'• The applicant/contractor shall place erosion controls between all work areas and the BVW. O •• nce erosion controls are installed, and prior to work commencing on the site, the applicant shall • contact the Conservation Department for apse-construction meeting with the contractor. During Construction Accepted engineering and construction standards and procedures shall be followed in the completion A p g . of the project. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA--Conservation/index 5 Excess material and construction debris shall be properly disposed of off site and stockpiled material shall be stored within the erosion controls. Post Construction ❖ Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion (loam and seed or other stabilization as approved by Conservation Department). ❖ Upon completion of allrequirements,the Conservation Department shall be contacted to conduct a final site inspection. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NrindoverMA—Conservation/index Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Brooks School-Brian Palm Name return key. Name 1160 Great Pond Road r� MMailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code arum 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: PAugust 15 2013 Plan Overview Date Title Date Title Date Title 2. Date Request Filed: 8/15/13 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Relocation of a transformer within the Buffer Zone to Bordering Vegetated Wetland. I I I Project Location: 1160 Great Pond Road North Andover Street Address City/Town Parcel 28 Map 103 Assessors Map/Plat Number Parcel/Lot Number Pagel of 5 wpaform2.doc•Determination of Applicability•rev.10/6/04 Department of Environmental Protection Massachusettsp Bureau of Resource Protection -Wetlands of ApplicabilitY r WpA Form 2 - Determination Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) proposed osed site and/or projectect relative to the Wetlands The followingDetermination(s) is/are applicable to the Protection Act and regulations: Wetlands Protection Act may proceed until a final Order of or Order of Positive Determination urisdiction of the We has been received Note: No work within the i submittal of i Notice Intent SimpbbedvRev Review ANRAD)has be al Protection). Conditions (issued following issued following CosubmittaliDepartment of Environmental Resource Area Delineation ( protection under the Act. from the issuing authority (i.e., Conservation Commission or the ep s is an area subject Notice of Intent. ❑ or altering of the area requires the filing . The area described on the referenced plan( ) plan(s) are Removing,filling,dredging, on of the following resource areas cof rmed described thishDeteeminatio pare( ❑ 2a.The boundary delineationson Act and its regulations regarding renc rendered pursuant to the Wetlands Protects confirmed as accurate.Therefore, the resource area boundaries binding as to all decisions as this Determination is valid. such boundaries for as long resource areas listed below are not confirmed by this Determination, 2b. The boundaries of r boundaries are contained on the plans attached to this Determination or f whether such to th Request for Determination. to the Request and document(s) is within an area subject to and will remove, fell, dredge, or alter that area.Therefore, said work [] 3.The work des {Ibehe A{arefer ll r ed plan(s) protection under requires the filing of a Notice of Intent. and documents)is within the ges the filing of andwlll [� 4. The work described on referenced plan(s) an Area subject to protection ed Rev Review i r the Act'work is limited said to he Buff Zone). alter Ilfled Notice of Intent or ANRAD Simp and document(s) is subject to review [� 5.The area and/or work described on referenced plan(s) and approval by: Name of Municipality ordinance or bylaw: following municipal wetla nd Pursuant to the Ordinance or Bylaw Citation Name Page: •Determination of Applicability•rev.1016104 wpaform2.doc Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. , § o B. Determination (cont:) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ivided 171Alternatives limited to the original parcel on which the projentreas parcels, any adjacent p onably be obtais lcated, the �ned within cent arcels, and any other land which a . e municipality. th palit ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination nds Note: No further action under tha Superseding Deteminationtection Act is gofrAppl cability,,ed by the pwlork may not proceed e a Su Department is requested to p on this project unless d e Department certified mail fls to act or hand do sereduch rto the Departmenequest within 35 dt. Work tmay then proceed request is post-marked at the ow 's risk only upn notice tthe Department erts for uesttsofor S persed ng Determinationdstare listed at the end of this o the Conservion l document. Requirememen reqq ❑ 1.The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® scribed in the Requtection under is within the Buffer Zone, as defined in the regulations, but 3. The work deArea subject R pro the Act. Therefore, said work does not require will not alter e the filing of a Notice of Intent, subject to the following conditions (if any). See attached conditions i ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. Page 3 of 5 wpaform2.doc•Determination of Applicability•rev.10/6/04 Department of Environmental Protection Massachusetts Dep Wetlands ination of Applicability Bureau of Resource protection 40 WpA Form 21an D Protection Act M.G.L. c. 131, § Massachusetts We Determination (cont.) B. peterm protection under the Act. Since the work Request is subject top exemption, as specified in the Act and uirements for the following eq 5.The area described in the aired: described therein Notre of intentrequirements. is req the regulations, Exempt Activity(site applicable statuatorylregulatory provisions) g.The area and/or work described iew and approval by: n the Request is not subject to rev! Name of Municialit v law. ter 178 Pursuant to a municipal wetlandsoon B iaWe or Y Chap ordinance or Bylaw citation North Andover We tlands Protect Name C. Authorization applicant and delivered as follows. requested on This Determination is issued to the by certified mail, return receipt ®f by hand delivery on p pate Date except Determinations for This Determination does not ears from the date of issuance ( ordinances, other a plicable federal, state, or local statutes, This Determination is valid for three Y th p Management Plans which are valid for the duration of the Plan). etation Manag with all Veg licant from complying relieve the app copymust be sent bylaws, or regulations. orit of the Conservation Commission. Aur and the signed by a mal y mass. ovlde /about/re ion.find our.htrn) Tonal Office (see htt 'Ilwww. This Determination must be sl9 the appropriate DEP Reg applicant) property owner (if different from the Signatures-. .� JiJ Pa Date —nform2 dor•Determination of Applicability°rev.1016104 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands of ApplicabilitY WpA Form 2 — Determination Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals person aggrieved by this Determination, any owner of land abutting the land The applicant, owner, any p 99 ten upon which the proposed work is to be done, or a t the are ropriate Departmenttof Environmental own in lch h Ian is p located, are hereby notified ed of their right to mass- p Protection Regional Office (see htt ��bwww. The request mubst ber madefbydcertif ed maillssue a or hand delivery t for Superseding Determination of Applicability. to the Department,with the appropriate filing fee and en 310 CMRI10�03(7)within tensbusiness days Departmental Action Fee Transmittal Form) asprovided of the request shall at the same time be sent by from the date of issuance of this Determination. A copy q applicant if he is not the certified mail or hand delivery to the Conservation Commission and toto the t e app re uest shall state clearly and concisely the objectionsal ordinance or bylaw and not on being appellant. The q appealed. To the extent that the Determinationcorbased on a the Department of Environmental Protection has Massachusetts Wetlands Protection Act or reg no appellate jurisdiction. Page 5 of 5 wpaform2.doc•Determination of Applicability•rev.10/6104 Massachusetts Department e artment of Environmental Protection Bureau of Resource Proaterc�� Wetlands lOr1 Departmental Ad Fee Transmittal Form Dep M.G.L. c. 131, §40 Request for Massachusetts Wetlands Protection Act A. Request Information representative), �n request(if appropriate, name the citizen group's important". 1, person or party makl g When filling out forms on the computer,use Name only the tab Zip co de key to move Mailing Address State your cursor- applicable) do not use the citylTown Fax Number(if return key. raa phone Number Project Location Zip Code rennn Mailing Address State o rm 3), Abbreviated Notice of Resource Area Delineation wn ent F 1 cityrro Notice of Int ( Form )) tl 'llt 2 Applicant(as shown on No Applicability ( Form 4A)'. or Request for Determination of Appllc Name Zip Code Mailing Address state CitylTown Fax Number(if applicable) phone Number 3 DEP File Number: B. instructions check one)* 1 When the Departmental action request is for ( le family homes with associated der of Conditions($100 for individual sing Superseding or structures; $200 for all other projects) Superseding Determination of Applicability ($100) Area Delineation($100) omrnonwealth of 0 Superseding order of Resource a able to the C Send this form and check or money order for the appropriate amount, p Y Massachusetts to: Department of goX4062rntal Protection Boston, MA 02211 Pa Request for oepartmental Action FeeTransmittal Form rev.1016104 Massachusetts Department tof Environmental dProtection Bureau of Resource Protection Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, § B. Instructions (cont.) 2. On a separate sheet attached to this form state To the exlearly tconcisely the objections to ent t that the Determination orhOrder is Determination or Order which is being appealed. he Massachusetts Wetlands Protection Actor regulations, based on a municipal bylaw, and not on t the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htt //www mass qov/dep/a bout/regionlfindyour.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand.delivery to the Conservation Commission and to the applicant, if he/she is not the app Page 2 of 2 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.1016104 I ' ` Massachusetts Department of Environmental Protection Provided by MassDEP: — Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5-Order of Conditions eDEP Transaction#:570810 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-NORTH ANDOVER A. General Information 1. Conservation Commission NORTH ANDOVER 2.Issuance a. r OOC b.r Amended OOC 3.Applicant Details a.First Name ANDREW&ADAM b.Last Name ZAREF&BRAILLARD c.Organization MERCURY SOLAR SYSTEMS,INC.&ON SITE SOLAR,LLC d.Mailing Address 36 MIDLAND AVENUE&100 CAMBRIDGE STREET e.City/Town PORT CHESTER&BOSTON f.State NY&MA g.Zip Code 10573&02 4.Property Owner a.First Name BREIT b.Last Name FUHRMAN c.Organization BROOKS SCHOOL d.Mailing Address 1160 GREAT POND ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5. Project Location a.Street Address 1193 GREAT POND ROAD b.City/Town NORTH ANDOVER c.Zip Code d.Assessors Map/PlaO 103 e.Parcel/Lot# 1& 10 f.Latitude 42.70816N g.Longitude 71.08307W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX PLAN# 16705 7.Dates a.Date NOI Filed: 12/6/2012 b.Date Public Hearing Closed: 6/12/2013 c.Date Of Issuance: 6/13/2013 8.Final Approved Plans and Other Documents a.Pian Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: BROOKS SCHOOL SANBORN,HEAD& SOLAR FARM ASSOCIATES TIMOTHY REED,P.E. 06/04/2013 I"=50' (SHEETS 1-8) B. Findings I.Findings pursuant to the Massachusetts Wetlands Protection Act Page 1 of 10*ELECTRONIC COPY I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5 - Order of Conditions eDEP Transaction#:570810 4 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town.-NORTH ANDOVER Following the review of the 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. r Public Water Supply b. r Land Containing Shellfish c.f✓ Prevention of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. r7 Ground Water Supply h. r✓ Storm Damage Prevention i. r Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.f✓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: b.F 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 interests of the Act,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. c.r 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 interests of the Act,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). 3.177 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 55 area specified in 310CMRI0.02(1)(a). a.linear feet Inland Resource Area Im pacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. f Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.f Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r—Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged ff,c/y dredged 7.r Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Page 2 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5- Order of Conditions eDEP Transaction#:570810 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER Ll,� ; R Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r 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 9.F-'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 g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.F'Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r—Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.F Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.F'Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores T square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r— Under Salt Ponds T square feet b.square feet c.c/y dredged d.c/y dredged 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Page 3 of 10 ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 MTA Foran 5-Order of Conditions eDEP Transaction#:570810 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER Indicate size under Coastal Banks,inland Bank,Land Under the 20.r— Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.r-Land Subject to Coastal Storm Flowage a.square feet b.square feet 22 r— Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.I Tc&d above,please entered the additional amount here. a.square feet of BV W b.square feet of Salt Marsh 23. r-Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. 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. 8. 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. 9. 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 locate within the chain of title f d, e o the affectedroe .In the case of recorded land, P P rtY d, Page 4 of 10*ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5-Order of Conditions eDEP Transaction 9:570810 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 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 the 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.. 10. 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'MassDEP"] File Number:"242-1578" 11. 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 Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. 17. 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. 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) F is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;W. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection - Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5-Order of Conditions eDEP Transaction#:570810 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation associated with post-construction 13MPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. 1) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED. Page 6 of 10*ELECTRONIC COPY i i I i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5-Order of Conditions eDEP Transaction#:570810 t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER Page 7 of 10*ELECTRONIC COPY i I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5 -Order of Conditions eDEP Transaction#:570810 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Ll� CityfTown:NORTHRNDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No 2. The Conservation Commission hereby(check one that Qnlies): a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.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 or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. F APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 p y PROTECTION BYLAW 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. I Page 8 of 10 ELECTRONIC COPY i LiMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 lt WPA Form 5 -Order of Conditions eDEP Transaction#:570810 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. 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: r by hand delivery on fty certified mail,return receipt requested,on Date Date 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 MassDEP 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 for 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 providing written information to the Department prior to issuance of a Superseding Order. 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(3 10 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. Page 9 of 10*ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Lilt Bureau of Resource Protection-Wetlands MassDEP File#:242-1578 WPA Form 5 - Order of Conditions eDEP Transaction#:570810 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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 this page 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: 1193 GREAT POND ROAD 242-1578 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner BRETTFUHRMAN 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 Rev.4/1/2010 Page 10 of 10 ELECTRONIC COPY i DEP FILE#242 - 1578 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 20. The proposed work includes: installation of 5.5 acres of ground-mounted solar modules, including aboveground and underground conduits,with clearing of approximately 118,000 s.f. of wooded area. Work also includes installation of a gravel road and staging area (approximately 1 acre), stormwater management structures, concrete pad-mounted power inverter stations, utility poles and overhead power lines, a chain link security fence and associated grading of the site. Portions of the project are within 100' of Bordering Vegetated Wetland. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Co-Applicants: Andrew Zaref Mercury Solar Systems, Inc. 36 Midland Avenue Port Chester, NY 10573 Adam Braillard On Site Solar Power, LLC 100 Cambridge Street Boston, MA 02114 Property Owner: Brett Fuhrman Brooks School 1160 Great Pond Road North Andover, MA 01845 Notice of Intent filed by: Max Lamson Sanborn Head & Associates 1 Technology Park Drive Westford, MA 01886 Site Plans prepared Y Y by: Sanborn Head &Mercury Solar Systems, Inc. Y Titled: Brooks School Solar Farm (Sheets 1-8) Last Revised: 6/04/13 242-1578, 1193 Great Pond Rd-Brooks Solar 1 NACC 6/13/2013 i DEP FILE#242 - 1578 Stamped by: Timothy W. Reed, P.E. Plan Sheets (last revision date): Title Sheet (6/4/13) Sheet 1: General Notes,Symbols and Abbreviations (05/22/13) Sheet 2: Existing Conditions Plan (11/30/2012) Sheet 3: Proposed Site Development Plan (05/22/2013) Sheet 4: Erosion and Sediment Control Plan(North) (06/04/2013) Sheet 5: Erosion and Sediment Control Plan(South) (06/04/2013) Sheet 6 & 7: Details (11/30/2012) & (05/22/2013) Sheet 8: Wetland Resource Plan (05/22/2013) Stormwater Report prepared by: Sanborn, Head & Associates, Inc. Revised:June 2013 Stamped by: Timothy W. Reed, P.E. Operation lz Maintenance Plan: Section 5.2 of Stormwater Report Stormwater Review: Eggleston Environmental Lisa D. Eggleston, P.E. Review Letter Dated: January 4, 2013 Email Dated: June 11, 2013 Wetland Delineation Conducted by: Bob Prokop Reviewed: December 5, 2012 22. 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. 23. 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. 24. 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. 242-1578, 1193 Great Pond Rd-Brooks Solar 2 NACC 6/13/2013 DEP FILE#242 - 1578 25. 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. 26. 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. 27. The work authorized hereunder shall be completed within threes from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30)12rior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearingif plans or circumstances are changed or if new conditions g or information so warrant. 30. 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. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 242-1578, 1193 Great Pond Rd-Brooks Solar 3 NACC 6/13/2013 DEP FILE#242 - 1578 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 34. 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 fiftyfoot(50) No-Construction Zone shall be established from the edge of the adjacent wetland resource area as shown on the herein referenced plans. 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). 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 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. 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 242-1578, 1193 Great Pond Rd-Brooks Solar 4 NACC 6/13/2013 DEP FILE#242 - 1578 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. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1578." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes 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. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a NPDES Construction Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with EPA Guidance 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, site clearing, stormwater structure installation, solar installation,and all other work planned through final stabilization. 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 erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers 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. 45. A row of staked ha bales backed b trenched siltation fence shall be laced between Y Y P all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall 242-1578, 1193 Great Pond Rd-Brooks Solar 5 NACC 6/13/2013 DEP FILE 4 242 - 1578 be inspected and approved by the NACC or its agent 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 or its agent. 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 Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling twenty (20) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of 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. 47. A check payable to the Town of North Andover shall be provided in the amount of $5,000 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 Wetland Scientist (or other environmental professional as approved by the NACC or its agent) 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. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. 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. I 242-1578, 1193 Great Pond Rd-Brooks Solar 6 NACC 6/13/2013 DEP FILE#242 - 1578 49. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report with photos 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. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 50. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" on all delineated wetlands (within the property boundaries) with signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). This will designate the resource area sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers may be obtained at the Conservation Department ($2 round/$3 square). 51. 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 p 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. 52. 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/monitor 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 242-1578, 1193 Great Pond Rd-Brooks Solar 7 NACC 6/13/2013 DEP FILE#242 - 1578 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). ERMWATER MANAGEMENT CONDITIONS 53. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. Erosion control measures shall be implemented and maintained in accordance with the Construction Period Operation &Maintenance Plan(hereafter the "O&M Plan"). 55. 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. 56. Water quality in down gradient BVW's 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. 57. All stormwater best management practices shall be maintained as specified in the Long Term Pollution Prevention Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved O&M Plan is fully binding upon the applicant and/or owners, successors, agents,associations, heirs and assigns and must be adhered to in perpetuity. A log/proof of annual maintenance activities for all other stormwater maintenance activities shall be maintained in perpetuity (the most current 5 years of records shall be maintained) and shall be available upon request for review by the NACC or its agent. 58. 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, 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 242-1578, 1193 Great Pond Rd-Brooks Solar 8 NACC 6/13/2013 DEP)FILE#242 - 1578 59. Upon beginning work,the applicant shall submit written weekly progress reports 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. Reports shall be submitted in as part of the weekly environmental monitoring report(Condition#49). 60. All existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project shall be protected by Silt Sacks or other approved method to prevent sediment from entering the drainage system. Silt Sacks or other catch basin protection shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this Order have been permanently stabilized and the NACC and/or Conservation Department has formally approved their removal. 61. Dewatering activities are not proposed as part of the filing. 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. 62. A temporary construction exit shall be installed as detailed on Sheet 5 of 8 of the herein referenced plan. 63. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 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. 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. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 66. 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. 242-1578, 1193 Great Pond Rd-Brooks Solar 9 NACC 6/13/2013 DEP FILE#242 - 1578 67. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. All soil stockpiles shall be contained within the approved erosion controls. 68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 69. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, 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. 70. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 71. 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. "AFTERONSTRUCTION 72. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towri s Wetland protection ByLaw. 73. 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 Towns Wetland Protection ByLaw and shall remain in perpetuity. 74. There shall be no dumping of leaves, grass clippings,brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity 242-1578 1193 Great Pond Rd-Brooks Solar 10 NACC 6/13/2013 i DEP FILE#242 - 1578 75. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 76. 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. 77. 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 (P.E.) (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 showingthe limit of work and the extent of existing erosion control g devices. "Work" includes a�disturbance of soils or vegetation. 242-1578, 1193 Great Pond Rd-Brooks Solar 11 NACC 6/13/2013 i DEP FILE#242 - 1578 ➢ Location of all subsurface utilities entering the property. 78. 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 as approved under DEP#242-1578. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local SyLaw; ➢ Resource Area Markers (Condition#50); ➢ Stormwater Management System Maintenance (Condition #57) ➢ Discharge or spillage of pollutants (Condition#71); ➢ Prohibition of underground fuels (Condition#72); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #73) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#74); ➢ "Lon Term Pollution Prevention Plan" i g s attached. No additional filings will be required to conduct maintenance of the above referenced system and plan. 242-1578, 1193 Great Pond Rd-Brooks Solar 12 NACC 6/13/2013 Y _ May 22,2013 Page 9 20130522 StormwaterReport.docx 3471.00 ■ The stabilized construction entrance shall be inspected weekly. The entrance will be p Y maintained as necessary to prevent erosion or migration of material off-site. ■ Dust pollution is not anticipated but will be controlled on site as necessarY g usin water p trucks or an approved stabilization method. ■ The tree clearing proposed outside the erosion controls is intended to reduce the potential shading of the solar array, therefore these trees can be pruned or topped to meet the desired effect. At a minimum, stumps will be kept in place; therefore, erosion control measures will not be necessary. 5.2 Long Term Pollution Prevention Plan Standard #4 of the MassDEP Stormwater Management Handbook requires that a Long Term Pollution Prevention Plan (LTPPP) be prepared and incorporated as part of the 0&M of the Stormwater Management System. The purpose of the LTPPP is to identify potential sources of pollution that-may affect the quality of stormwater discharges. The following items describe the source control and proper procedures for a LTPPP: ■ It is prohibited to use herbicides, fertilizers and insecticides beyond the first year of installation of the plant material within the area of the Site. ■ The potential source of spills is limited to oil-filled electrical equipment and periodic visits by maintenance vehicles: ❑ Proposed oil-filled electrical equipment at the Site contains non-toxic mineral oil dielectric fluid (typically a food-grade oil) and delivered to the Site sealed and encased. ❑ Cleaning and storage of maintenance vehicles should be conducted off Site. ■ The solar modules and racks do not contain oil or hazardous materials that could spill or leach into the environmental media at the Site. ■ The inspection and maintenance of vegetation (i.e. mowing) at the site should be conducted at least twice per year. The removal of debris and sediment from drainage swales should be conducted as necessary.-Vegetation should be re-seeded as necessary. ■ No storage or oil or hazardous materials, including herbicides, fertilizers and insecticides,should be conducted on site (other than oil sealed in electrical equipment). j ® Routine maintenance of the access road and staging area will•include inspection, stabilization and repairs as needed. Snow will be physically removed from the road and staging area (i.e. plowed) only if access is necessary. Salt use or other deicing is not anticipated. C \\wesservl\DataShare\DATA\WESDATA\3400\3471.00\Source Files\Stormwater Report\20130522 Stormwater Report.dou SANBORN I�I� HEAD DEF FILE#242 - 1578 APPENDIX A-AFFIDAVIT 1 on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. 1 hereby affirm and acknowledge that on this day of 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 Order of Conditions are presently in compliance. (DEP File#) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 20 (Signature-authorized agent of applicant or owner) 242-1578, 1193 Great Pond Rd-Brooks Solar 13 NACC 6/13/2013 NORSE ENVIRONMENTAL SERVICES, INC. 130 Middlesex Road, Suite 15 Tyngsboro,Mass. 01879 TEL. (978) 649-9932 • FAX(978) 649-7582 October 14, 2006 John Trovage Brooks School 1160 Great Pond Road North Andover, Ma. 01845 Re: Proposed Science Building Sir; As requested,we perfonned an inspection of the Brooks School on October 1.0,2006.in the area of the proposed new science building addition. The area is vegetated with lawn and a few ornamental trees, gently sloping toward the roadway. There is no evidence of wetland areas, streams, areas subject to flooding or other resource areas subject to protection under 310 CMR 10.00, the Wetland Protection Act regulations or the North Andover Wetland Protection By-Law. Construction in this area would not require a filing with the local Conservation Commission, and if less than one acre is proposed to be altered it would not trigger the National Pollution Discharge Elimination System Stormwater Pollution Prevention Plan. It is not shown as an area of endangered, threatened,or species of special concern on the Natural Heritage Division of Fish and Wildlife maps, and would require no filing under . the Mass Endangered Species Act. Please contact me if you have any questions. Sincerely, rte_ Steven Eriksen Certified Wetland Scientist J� I ff,i� ;Pot, -trot" 0 Bro6ks otic u') �,�;� Jon -�v�►n -ro mje, W=�� 6e.+.� Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers RECEIVED APR 0 62007 NORTH ANDOVER CONSERVATION COMMISSION TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION TUESDAY,APRIL 3,&APRIL 10,2007. TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,TUESDAY,APRIL 17,2007 In accordance with the provisions of M.G.L. Chapter 40-A,Section 11,the North Andover Planning Board will hold a public hearing as follows:. Purpose of Public Hearing: lication for Site Plan APP Review Special Permit under Section 8.3 & 10.3 and for a Watershed Special Permit under Section 4.136 within the General zone&Non-Discharge zone of the Watershed Protection District of the North Andover Zoning Bylaw respectively. The Applicants seeks Special Pennits to construct a 29,447+/-s.f two stories Science Building attached to existing Johnson building with a freestanding greenhouse located between new and existing buil within the R-2 Zoning District. Applicant/Petitioner: Brooks School 1160 Great Pond Road North Andover,MA 01845 Owner: Brooks School 1160 Great Pond Road North Andover MA 01845 Address of Premises Affected Same as above. Assessors Map and Lot: Map 90C, Lot 25 &Map 103,Lot28 Public Hearing Date&Time Tuesday,April 17,20 07,(g 7:00 pm. Location of Public HearingTown Hall, 120 Main Street,2rd floor conference room. All interested persons may appear and be heard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning Department at 978 688- p ( ) 9535 or by email at ldalevna,townofnorthandover cow Richard Nardella,Chair,North Andover Planning Board Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1057A • tL1 I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: From: When filling out forms.on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ❑ Order of Conditions not use the return key. ® Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Brooks School SAME Name Name 1160 Great Pond Road Mailing Address Mailing Address North Andover MA 01845 City/Town state Zip Code Cityrrown State Zip Code 1. Project Location: 1160 Great Pond Road North Andover Street Address City/Town 90C, 103 25, 28 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex North 530 290 County Book Page Certificate(if registered land) 3. Dates: 12/22/00 Amended 7/30/03 7/31/03 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): See attached Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: John L. Scott, P.E. Name 6. Total Fee: N/A (from Appendix B:Wetland Fee Transmittal Form) Wpaform&doc•rev.WNW Page 1 of 7 ' k Massachusetts Department of Environmental Protection DEP Fire Number: Bureau of Resource Protection -Wetlands WPA Form 5 — Order of Conditions 242-1057A d by DP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work i proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habita ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set fortl in the wetlands regulations,to protect those interests checked above.This Commission orders that a 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 wetlanc regulations to protect those interests checked above. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effec 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 Omer of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Omer as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.8!7/03 Page 2 of i i . t k Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1057A Provided by DEP IL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each j 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,lashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Omer 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 Number242-1057 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.8/7/03 Page 3 of 7 i k LIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File numb WPA Form 5 - Order of Conditions 242-1057A Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DE B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned b this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetla 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 fu stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland of water body. During construction,.the applicant or his/her designee shall inspect the erosion control on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediai control any erosion problems that occur at the site and shall also immediately notify the Conserval Commission,which reserves the right to require additional erosion and/or damage prevention cont it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limi work line has been approved by this Order. I' Findings as to municipal bylaw or ordinance Furthermore,the North Andover hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is measures which are adequate to meet these standards and a final Orde submitted which provides m q , Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylE specifically: Chapter 178 of the Code of North Andover Municipal Ordinance or Bylaw Citation - The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditic modify or differ from the plans, specifications, or other proposals submitted with the Notice of Inte the conditions shall control. Wpaform&doc•rev.8(7/03 Page 4 k Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1057A Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached Conditions This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions K from the date of issuance. Extension issued to 5/17/05 Date This Order must be signed by a majority of the Conservation Commission. 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 approp ate Department of Environmen edbon Regional Office (see Appendix A) and the property ow r(if different from applican Signatures: On 13 of "m isT X003 Day Month and Year before me personally appeared Scott Masse to me known to be theerson described in and who executed the foregoing instrument and P 9 9 acknowledged that he/she executed t e same as his/her free act and deed 4 W 7 .200 9 N 6yPublic My Commission E)(pires This Order is issued to the applicant as follows: �� ❑ by hand delivery on E� by certified mail, return receipt requested,on ells�o3Date Dat Wpaform5.doc•rev.8/7/03 Page 5 of 7 Amendment, Brooks School, 242-1057 The North Andover Conservation Commission voted to issue an Amendment to the Order of Conditions.. The amendment includes approval of a revised site plan reflecting changes to the athletic facility and associated stormwater management design. The following information shall be included on record with the Amended Order of Conditions issued 7/31/03: i Record Drawings: • Sheet C101, dated May 29, 2003 • Sheet C201, revised 6/11/03 • Sheet C301, dated July 14, 2003 • Sheet C302, dated May 29, 2003 • Sheet C303, dated July 23, 2003 • Sheet C401, dated May 29, 2003 • Sheet C501, dated May 29, 2003 • Sheet C502, dated May 29, 2003 Train of Correspondence on Original Notice of Intent Application (received May 30, 2003); Volume I of II Revised Drainage Calculations, dated July 11, 2003; Volume I of II Revised Drainage Calculations, dated July 11, 2003; Soils Report Prepared by Norse Environmental, Inc., dated July 7, 2003; Memo prepared by RFS, dated May 29, 2003; Eggleston Environmental engineering review letters dated June 24, 2003 and July 18, 2003; RFS engineering review letters dated July 10, 2003, July 14, 2003 and July 23, 2003; Operation& Maintenance Plan faxed June 18, 2003 ; OP ( J ) Massachusetts Department of Environmental Protection DEP File Numb Bureau of Resource Protection -Wetlands NAPA Form 5 - Order of Conditions 242-1057A 05 , LLI ,Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subj to this Order, or any ten residents of the city or town in which such land is located, are hereby notified+ 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 fil fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the requ shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and h the Order does not contribute to the protection of the interests identified in the Massachusetts Wetland Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations(310 CMR 10.00 To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district it which the land is located,within the chain of title of the affected property. In the case of recorded land, Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the Ian( 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 informatic on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc-rev.8!7/03 Page 6 . _ h Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1057ALl Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recof�fed 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: i Book Page In accordance with the Omer 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 Wpaform&doc•rev.817/03 Page 7 of 7 Massachusetts Department of Environmental Protection L7/1 Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Forn Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling 1. Person or party making request(if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do city/To, State Zip Code not use the return nkey. Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town state Zip Code 2. Applicant (as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineatio (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00,payable to the Commonwealth of Massachusetts to: Department of Environmental Protection . Box 4062 Boston, MA 02211 wpaform5.doc-Appendix E-my.ar7/03 Page 1 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. lnWuctions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaformti-doc•Appendix E•rev.8(7103 Page 2 of 2 310 CMR 10.99 ' Form 8 10 DEP File No. 242—510 ^�-41 no be brovioed by DEP) ,:. Commonwealth ctiv iowr, North Andover ', ' ' • of Massachusetts ADDIlCanl Brooks School SFr BROOKS SCHOOL ATHLETIC FIELDS Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority To Brooks School 1160 Great Pond Road, No. Andover, MA (Name) (Address) Date of Issuance December 5, 1990 This Certificate is issued for work regulated by an Order of Conditions issued to Brooks School dated- Sept. 14. 198%nd issued by the NACC 1. It is hereby certified that the work regulated by the above-referenced Order of Conditions has. been satisfactorily completed. 2. It is hereby certified that only the following portions of the work regulated by the above-refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) 3. It is here by`certified that the work regulated by the above-referenced Order of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no lonoer valid. No future work subject to regulation under the Act may be commenced without filing a new Nonce of Intent and receiving a new Order of Conditions. ............................................................................................................................................................. ........................ t• ', (Leave Soace Blank) , 8.1 K. Effective 11/10/89 a Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1057 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1• Applicant: forms on the Brooks School computer, use Name only the tab key to move 1160 Great Pond Road your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code 2. Property Owner(if different): Same Name ILS Mailing Address City/Town State Zip Code B. Authorization The Order of ConditionsExten ' or ( slop Permit) issued to the applicant or property owner listed above on: Order of Conditions was issued 5/17/01 Extension issued to 5/17/05 second Extension to 5/17/06 Date for work at: 1160 Great Pond Road Map 90C, 103 Parcel 25, 28 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North Instrument#052442 County Book Page Certificate(if registered land) is hereby extended until: 5/17/06 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): 5/17/05 Date Issued by: North Andover Conservation Commission Dat wpaform7.doc•rev.3/1/05 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 7 — Extension Permit for Orders of Conditions 242-1057 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant, nd the appropriate DEP Regional Offic.,g.,� Signat e Notary Acknowledgement Commonwealth of Massachusetts County of Essex North �.�+� rig( On this Day Of Month Year Before me, the undersigned Notary Public, personally appeared S C'0 /YI�Ss Name of 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 NNrt ooh Andover rth A Conservation Commission CityDONNA M.WEDGE NOTARY PUBLIC ignature of Notary Public COM TH OF MASSACHUSETTS fJUy1�/� r/l, y��L l FYC My Exon AM. 2W9 Printed Name of Notary Public Place notary seal and/or any stamp above My Commission Expires(Date) wpaform7.doc•rev.3/1/05 Page 2 of 3 I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 7 — Extension Permit for Orders of Conditions 242-1057 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 242-1057 Project Location DEP File Number 4kenrecorded at the Registry of Deeds of: North Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.3/1/05 Page 3 of 3 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 g Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemonl Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable 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 Phillipslon Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnel Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfieet 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:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newlon 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 wpaform7.doc•DEP Addresses•rev.4/7/05 Page 1 of 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Brooks School computer, use Name only the tab -key to move 1160 Great Pond Road your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code r� 2. Property Owner(if different): Same Name return Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: February 23, 2006 Date for work at: 1160 Great Pond Road Map 90C & 103 Parcel 25 &28 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North County Book Page Certificate(if registered land) is hereby extended until: February 23, 2010 Date This date can be no more than 3 years,from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders.of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: North Andover 12/4/08 Conservation Commission Date wpaform7.doc•rev.1/07 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (see http://w\A,w.mass.gov/dep/about/region/findvour.htm). �_ Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North Gt` On this `� of j ae177-hr-" `-9 Day Month Year Before me, the undersigned Notary Public, personally appeared Name of 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 DONNA M.WEDGE Signature of Notary Public NOTARY PUBLIC M-i',"ONWEAITN OF MASSACHUSETTS My Comm Expires Aug.; 2 Printed Name of Notary Public Place notary seal and/or any stamp above My Com fission xpires(Date) wpaform7.doc•rev.1/07 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1346 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: North Andover Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 1160 Great Pond Road 242-1346 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County for: Brooks School Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.1/07 Page 3 of 3 06/06/2008 09:40 FAX 6033780610 ASAP, INC. 10003 Massachusetts Department of Environmental Protection 100072087 Bureau of Waste Prevention—Air Quality DecalNumber Project Revision Notification For Asbestos Notification ANF-001 and AQ 06 Im�,nt: outA. Facility Location l corms on the BROOKS SCHOOL computer.use only the tab key 1.Nd"of Facility to move your 1160 GREAT POND ROAD cursor-do not 2.street address use the return key. NORTH ANDOVER MA 9.City 4.State 5.Zip Code 9787256284 6.Telephone Number INSTRUCTIONS B• Project Cancelled 1. This form i6 only available for F1 Check here if this project IS/was canceAed. online filing of project date revlslons. 2. Enter project dotal eumbar. C. Project Dates 3. Validate that the 05/28/2008 05/30/2008 the project location is correct 1.Ori '(1101 Start We mml 2.OrIgInal End Date dd! for the entered INMR008 10611112008 dam. 3.Latest Revised Start Date(mm/dd/nW) 4.Latest Revised End Date(mmtd&yyyl+) 4. Enter your new projoct detea. 5. Certify your notawtion. D. Revised Project Dates Submit date changes. 06/302008 071022008 1.Revised Start Dote(maVddtyyyy) 2.Revised End Data Date(mmtd0m) E. Other Project Revisions F. Revision History EDEP:05/27/2008 02:50:28 PM anftpdm.doc•rev.215/04 XCOVATIrt,111 MCEMD JUN 0 6 2008 rRION NORf H ANDOVER.,, 06/06/2008 09:40 FAX 6033780610 ASAP, INC. Q004 I Massachusetts Department of Environmental Protection 100072067 Bureau of Waste Prevention—Air Quality Decal Number Project Revision Notification For Asbestos Notification ANF-001 and AQ 06 G. Certification The undersigned hereby states,under the penalties of perjury,that he/she has read the Commonwealth of Massachusetts regulations for the Removal,Containment or Encapsulation of Asbestos,453 CMR 6.00 and 310 CMR 7.15,and that the information contained M this notiticidion is true and correct to the best of His/her knowledge and belief. JUDITH BEREZANSKY 1. Name '5 lure j OFFICE MANAGER O61062008 2. Positbnfiipe Date(Mmidgm8fo ASAP,INC. 603)378-0600 4. RO "no 5. Tele hone 4 WILDER DRIVE,STE 12 G, Address - PLAISTOW,NH 0386b 7. CWTown 0. 23p Code i I I I I i aMtlBpdm.doc-rev.215104 i I I Commonwealth of Massachusetts RGLJ � - ii�0073 05 } Asbestos Notification Form A F-0n1 Decal Nu ber „_._. .._.w..____.._. JTJ 13 2008 TOWN OF NORTH ANDOVER HEALTH DEPARTN EW Important: When filling out A. Asbestos Abatement Description forms on the computer,use 1. a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? Yes ✓ No to move your cursor-do not b. Provide blanket decal number if applicable: use the return Blanket Decal Number key. 2. Facility Location: ,ciJ BROOKS SCHOOL A1160 GREAT POND ROAD_ a.Name of Facility _ b.Street Address to 1North Andoveri IMA ry 101845_ _ �~ _ 1(978)725-6284 '* c.City/Town d.State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite Location: RUSSELL HOUSE ���-� I I �� VARIOUS 1.All sections of this L__ __�_ _ form must be a.Building Name/Building Location b.Building# c.Wing d.Floor e.Room completed in order to comply with 4. Is the facility occupied? Cj Yes J No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division of Occupational ,ALL STATE ABATEMENT PROFESSIONALS 14 WILDER DRIVE SUITE 12 „- Safety(DOS) a.Name _ _ b.Address notification f '"".. _ i requirements of 453 1 PLAISTOW �� 03865 160337_80600 CMR 6.12 /Town �� d.Zip Code e.Telephone Number - - JAC000331 f.DOS License Number ��� - g• Contract Type: 70 Written Verbal EJ.SCOTT CURLEY ;PRESIDENT_ h.Facility Contact Person " i.Contact Person's Title [JEFF CURLEY LAS034502 � _ 6. a.Name of On-Site Supervisor/Foreman _ _ b.Supervisor/Foreman DOS Certification Number 1_SPECTRUM SERVICES - -AA000152 7 7. _ I a.Name of Project Monitorb.Project Monitor DOS Certification Number •A1 SPECTRUM SERVICES ? jAA000152 � _ 7 8' a.Name of Asbestos Analytical Lab b.Asbestos Analytical Lab DOS Certification Number 0�fs130/2008 �071Q11ZQ©8 --�--�� o a.Project Start Date(mn d/y i b.End Datemm/ddlyyyyr) 7-3:30 �N c.Work hours Mon-Fri. d.Work hours Sat-Sun. �� _ o 10. a. What type of project is this? �o ❑ Demolition EZ Renovation Repair (^ Other, please specify: b.Describe 11. a. Check abatement procedures: o 7/ Glove bag Encapsulation �o L Enclosure Disposal only �U_ tµ! Cleanup I Other, specify: [I Full containment b.Describe z �Q 12. Is the job being conducted: Indoors? LF]Outdoors? anf001 ap.doc-10/02 Asbestos Notification Form•Page 1 of 3 i, Commonwealth of Massachusetts ■ 1100073405 Asbestos Notification Form ANF-001 Decal Number A. Asbestos Abatement Description (cont.) 13. Total amount of each type of Asbestos Containing Materials(ACM)to be removed, enclosed, or encapsulated: _ 4266 0 a.Total pipes or ducts(linear ft) r s__.u'_"fir aces square c.Boiler,breaching,duct,tankL d.Insulating cement i surface coatings Lin.ft. Sq.ft. Lin.ft. Sq.ft. e.Corrugated or layered paper ��_� pipe insulation —' f.Trowel/Sprayer coatings Lin.ft. Sq.ft. Lin.ft. Sq.ft. g.Spray-on fireproofing -_- Ft.Transite board,wail board ------ I Lin.ft. _ Sq.ft. Lin.ft. i.Cloths,woven fabrics - j.Other,please specify: .-_J - Lin.ft. Sgmmft� _ Lin—ftSq ft. y k.Thermal,solid core pipe 1266 i I - � insulation Lin.ft. Sq.ft. 1.Specify - - 14. Describe the decontamination system(s)to be used: ((��P''RROOVIDE��AN ADEQUATE DECONTAMINATION SYSTEM.V 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2) (g): LDOUBLE 6 MIL POLY. 16. For Emergency Asbestos Operations, the DEP and DOS officials who evaluated the emergency: aa.Name DE_P Official _ b.Titlemm� � c.Date(mm/dd/yyyy)of Authorization d.DEP Waiver# e.Name of DOS Official f DOST-0 cial�Tittle-- N g.Date(mm/dd%yyyy)of Authorization h.DOS Waiver# 0 17. Do prevailing wage rates as per M.G.L. c. 149, §26, 27 or 27A—F apply to this.project? 17 Yes Z No B. Facility Description �.�N R DENCE �0 1. Current or prior use of facility: °- - �o 2. Is the facility owner-occupied residential with 4 units or less? ❑Yes ✓ No 3 BROOKS SCHOOL A 160 GREAT POND ROAD a.Facility Owner Name b.Address (NO.ANDOVER, MA F^--1 101845 1 1978-725.6284 o cc.City/Town Zip_Code e.Telephone Number(area code and extensi__on—w-�� LL 4 ON RMAND GRENIER j 11160 GREAT POND ROAD a.Name of Facility Owner's On-Site Manager b.On-Site Mana dress Z er AdINO.ANDOVER, MA 1 101845 -� !1 :978-7r-_T 25-6284 ) �Q c.City/Town d.Zip Code e.Telephone Number(area code and extension] '� ■ anf001ap.doc-10/02 Asbestos Notification Form•Pa e 2 of 3■ w L11 Commonwealth of Massachusetts j 1100073405 Asbestos Notification Form ANF-001 Decal Number B. Facility Description (cont.) 5. a.Name of General Contractor b.Address C City/Town d.Zip Code �e.Telephone Number area code ander extension) k f.Contractor's Workers Comp. Insurer �.Policy Number h.Exp.Dats(mm/dd/yn 6. What is the size of this facility? a.Sq 2 a.Square Feet b.Number of floors C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site(if necessary): ,ALL STATE ABATEMENT PROFESSIONALS,I 4 WILDER DRIVE, STE 12 i Note:Transfer a ,Name of Transporter _ b.-Address Stations must IPLAISTOW, NH � -�� 03865 j 1(603)378-0600 comply with the a City/Town d.Zip Code e.Telephone Number Solid Waste Division 2. Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 _ _ _ _- �_ CMR 19.000 rJ.O.B./ROLLOFF, INC. - - PO BOX 6037 _ _ _� a.Name of Transporter b.Address f CHELSEA, MA -- -���_- � 02 15Q 1(617)387-1495-�� yq � - �� c.City/Townd.Zip Code e.Telephone Number 3. NIA �� a.Refuse Transfer Station and Owner _ b.Address c.City/Town d.Zip Code e.Telephone Number 4. ITURNKEY LANDFILL(WASTE MGT NH)_ a.Final Disposal Site Location Name _ b.Final Disposal Site Location Owners Name _ 17 ROCHESTER NECK ROAD j ROCHESTER _ c.Final Disposal Site Address d.City own- N�H _--Y--� 03839 (800)847.5303 e.State f.Zi Code .Telephone Number P 9 P D. Certification U—N ---- �— The undersigned hereby states, under the ;JUDITH BEREMNSKY �o penalties of perjury,that he/she has read the a.Name b.Authorized Signature Commonwealth of Massachusetts regulationsOFFICE MANAGER ? iQ6/11/200 t 8 for the Removal, Containment or � � — c.Position/Title _ d.Date mm/dd/ Encapsulation of Asbestos,453 CMR 6.00 and ' 603 378.0600 IAS INC.IAS IPA 310 CMR 7.15, and that the information l� ) _ -- j contained in this notification is true and correct e.Telephone Number f.Representing o i to the best of his/her knowledge and belief. 14 WILDER DRIVE, STE 12 o q.LddressNNW. U. IPLAISTOW, NH- h.City/Town i.Zip Code anfool ap.doc-10/02 Asbestos Notification Form-Page 3 of 3 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 24 Providedvided i�e�w DEP :IY,2-l 6 S-7A► A. Project Information t"eJ,e-J Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Brooks School computer, use Name only the tab key to move 1160 Great Pond Road your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Brooks School Name/ / / / — /�� S/17�C3 I /�r�+r�e.i��d 7/��l/D3 242-1057 Dated DEP File Number 3. The project site is located at: 1160 Great Pond Road North Andover Street Address City/Town Map 90C, 103 Parcel 25, 28 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 dpc- Count Yca"".Lj 114;- Oak 13 y°/. Page Certificate 4. A site inspection was made in the presence of thea applicant, or the applicant's Pp pp agent, on: 9/7/06 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: Itis 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 Io-= LlMassachusetts Department of Environmental ental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1057 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 68 C. Authorization Issued by: North Andover f f3fPi, Conservation Commission Date of Issuhnce This Certificate must be signed by a majority of the Conservation Commission and a c ent to the applicant and appropriate DEP Regional Office (See Attachment). 1 Signatures: ,,�M wpaform 8b.doc•rev.7/13/04 Page 2 of 4 ` • I LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1057 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 f On this 1,3 Of '�Zto Day Month Year before me,[the undersigned Notary Public, 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 Signature of Notary Public Dor»i.� fel Grf&6GC" DOWKWMGE Printed Name of Notary Public NOTARY PUBILIC COMMONWEALTH OF MASSACHUSETTS y My Comm.Expires Aug.7,2009 �>/,7 My Com issio xpires(Date) Place notary seal and/or any stamp above Suture of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Ll Massachusetts Wetlands Protection Act M.G.L. c. 131 40 24vb Provided 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 it Please be advised that the Certificate of Compliance for the project at: 242-1057 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7113104 Page 4 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I 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 g Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shulesbury 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 Hubbardslon 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 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Fax: 508-792-7621 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 Cohassel 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 Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton - Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.9/11/06 Page 1 of 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands l� WPA Form 5 — Order of Conditions 242-1346 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 Brooks School use the return a. First Name b. Last Name c.Company key. 1160 Great Pond Road d.Mailing Address North Andover MA. 01845 e.City/Town f. State g.Zip Code P1 4. Property Owner(if different from applicant): Same a. First Name b.Last Name c.Company d.Mailing Address e. City/Town f.State g.Zip Code 5. Project Location: 1160 Great Pond Road North Andover a.Street Address b.City/Town Map 90C & 103 Parcel 25 &28 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 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) 530 290 c. Book d. Page 1/24/06 ala.Q�a� �,' G'(� 7. Dates: a. Date Notice of Intent Filed b.Date FIfiblic Aearing Closed c. Date 6f Iss nce 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan a. Plan Title Rist-Frost- ShumwayEngineering, P. C. John L. Scott, P. E. b. Prepared By c. Signed and Stamped by a/-3 lot 1" = 20' d. VinalfRevision Date e.Scale f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $ 1, 650.00 $ 537.50 $ 1,112.50 a.Total Fee Paid b. State Fee Paid c.City/Town Fee Paid I wpaform5.doc• rev.3/1/05 Page 1 of 9 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 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 ® d. ® Private Water Supply e. Elf. 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 10.05(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 wpaform5.doc• rev.3/1/05 - Page 2 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 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.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes -c/ya.square feet b.square feet c.c/y nourishmt. d. 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.3/1/05 Page 3 of 9 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1346 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 242-1346 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 (� 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 Page 5 of 9 wpaform5.doc• rev.3/1/05 Massachusetts Department of Environmental Protection P DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 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 Page 6 of 9 wpaform5.doc• rev.3/1/05 DEP FILE #242 - 1346 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of ffie North Andomr 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. C:\Winword\OOC\Brooks-addition.doc 1 NACC 2/23/2006 i DEP FILE # 242 - 1346 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. 242-1346. 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 ortin 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 construction of a 1,280 s.f. (32' x 40') addition to an existing hockey rink with associated drainage features and grading activities within the Buffer Zone to a Bordering Vegetated Wetland (BVW). The site may also be within the Watershed Protection District of Lake Cochichewick. 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: Brooks School (Applicant) 1600 Great Pond Road North Andover, MA 01845 Dated December 1,2005. Prepared by: Rist-Frost-Shumway Engineering, P.C. Narrative &Drainage Calculations Revised Dated February 7,2006. Site Plans prepared by: Rist-Frost-Shumway Engineering, P.C. 71 Water Street Laconia, NH 03246 Entitled, "Brooks School - Addition to Ice Rink" consisting of sheets 1 & 2, dated 12,/02,/05, revised February 3,2006. Sheet 1 entitled "Site Plan" Sheet 2 entitled "Civil Details" Stamped & signed by John L. Scott, P.E. Other Documents: Letter from Natural Heritage dated February 21, 2006. CAW inword\OOC\Brooks-addition.doc 2 NACC 2/23/2006 DEP FILE # 242 - 1346 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to a Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and 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. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. C:\Winword\OOC\Brooks-addition.doc 3 NACC 2/23/2006 DEP FILE# 242 - 1346 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1346." 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 42. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to CAW inword\OOC\Brooks-addition.doc 4 NACC 2/23/2006 DEP FILE #242 - 1346 occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 43. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas-and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 44. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45. A check payable to the Town of North Andover shall be provided in the amount of $2,000,which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town 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. 46. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall stake the corners of the addition. This will be confirmed during the pre-construction meeting. 47. The applicant shall designate a Wetland Scientist as an "Environmental 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. The designated professional shall submit a letter on company letterhead acknowledging that they have been retained as the project's Environmental Monitor. The Conservation Department shall be in receipt of this letter prior to, or at the pre-construction meeting. This person shall be given the authority to stop construction for erosion control purposes. The Environmental C:\Winword\OOC\Brooks-addition.doc 5 NACC 2/23/2006 DEP FILE # 242 - 1346 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. 48. 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 "Environmental 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 Environmental 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. 49. 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. 50. 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 or 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). I[STORMWATER MANAGEMENT CONDITIONS 51. 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 p d boundaries as currentlydepicted in the Notice of Intent and approved by this wa Order of Conditions, unless specifically approved in writing by the Commission. C:\Winword\00C\Brooks-addition.doc 6 NACC 2/23/2006 DEP FILE # 242 - 1346 52. Water quality down gradient of BVWs 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. DURING CONSTRUCTION MA 53. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 54. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 55. The limit of work/erosion control line shall be enforced and maintained, as depicted on the approved plan referenced herein. 56. 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 any construction on site or unless authorized by the Conservation personnel. 57. The Environmental Monitor shall be on site during and/or following a rain event of 1- inch or greater,to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 58. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 59. Approved de-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor. This designee must be on-site while de-watering work 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. 60. 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. CAW inword\OOC\Brooks-addition.doc 7 NACC 2/23/2006 DEP FILE #242 - 1346 61. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 62. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean stone riprap or biodegradable erosion controls, such as jute matting. 63. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 64. After final grading, all disturbed areas located within a resource area,which will not remain as wetland areas, shall be loamed (minimum of 4 of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 66. 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. 67. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 68. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 69. 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 CAW 8 NACC 2/23/2006 DEP FILE #242 - 1346 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. 70. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 71. Upon approved site stabilization by Conservation Staff,the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 72. 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: "Request for a Certificate of a. WPA Form 8A - Req 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. v "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. C:\Winword\OOC\Brooks-addition.doc 9 NACC 2/23/2006 DEP FILE # 242 - 1346 ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, shed, stonewall, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes �ny disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 73. 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#32); Discharge or spillage of pollutants (Condition # 67); ➢ Prohibition of underground fuels (Condition#68); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #69). C:\WinN�ord\ODC\Brooks-addition.doc 10 NACC2i23/2006 DEP FILE # 242 - 1346 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 (DEP or NACC File#)have been 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___, 1 inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in 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\OOCU3rooks-addition.doc I 1 NACC 2/23/2006 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 LlMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 1. Date offissuafice Please indicate the number of members who will sign this form: Y 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 ffiCe,if not filing electronically, and the property owner, if different from applicant. /r Signatures: i Notary Acknowledgement Commonwealth of Massachusetts County of Essex North nQ 2�r'u.r�r v On thlSDof Day Month Year Before me, the undersigned Notary Public, SC'r')+JF tUs 5e— 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 DONNA M.WEDGE 'h NOTARY PUBLIC Cn;11dONWEALTH OF MASSA.CFa'+ETT$ N1y Comm.Expires Aug.7,2009 Signature of Notary Public r Printed Name of Notary Public Place notary seal and/or any stamp above 7 My Commission 11xpires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on g/by certified mail, return receipt requested, on Date Dates wpaform5.doc• rev.3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1346 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. nest shall state clearly and concisely tj The req he 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. Page 8 of 9 wpaform5.doc• rev.311105 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1346 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: 242-1346 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 Page 9 of 9 wpaform5.doc• rev.311105