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HomeMy WebLinkAboutMiscellaneous - 1600 OSGOOD STREET 4/30/2018 (3) i ,� �� 310 CMR 10.99 Form 8 --- DEP File 146 242- 41.7_..._— I (lo be vroviaed by DEF) Commonwealth Cilv lowr North Andover of Massachusetts • ;,,�_ Apoiicanr_AT&T Network Systems 1600 Osgood Street Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 From NORTH ANDOVER CONSERVATION COMMISSION Issuurg Aulhorily To AT&T Technologies, Network Systems 1600 Osgood Street, North Andover, MA 01845 (Name) tAddress) Date of Issuance September 4, 1991 Third Ammended This Certificate is issued for work regulated by;an Order of Conditions issued to AT&T Technologies _ Network Systems dated 9-4-91 NACC and issued by the Original Order issued August 5, 1987 1 . 'Ugx It is hereby certified that the work regulated by the above-referenced Order of CorldilloriG Inas been satisfactorily completed. 2. : It Is hereby certified that only the following portions of the work repulaled by Me above-reler- enced Order of Conditions have been satisfactorily completed: (II the Cerlificale of Compliance does not include the entire project, specify what portions are included.) 3. It is hereby certified that the work regulated by the above•relerenced Older of Corrdilrolls was never commenced.The Order of Conditions has lapsed and is therefore no lonoer valid. No futur e work subject to regulation under the Act may be commenced without lihno a nes•: Hollce of Inlenl and receiving a new Order of Conditions. ........................................................................................................................................ ....... . . ILeave Space Biank) s I i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 WPA Form 5-Order of Conditions eDEP Transaction#:403343 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. F OOC b.F Amended OOC 3.Applicant Details a.First Name ORIT b.Last Name GOLDSTEIN c.Organization 1600 OSGOOD STREET,LLC d.Mailing Address 1600 OSGOOD STREET e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4. Property Owner a.First Name PETER H. b.Last Name NORSTRAND(DEPUTY COMMISSIONER) c.Organization (LEASED DIVISION OF CAPITAL ASSET MANAGEMENT&MAINTENANCE (LEASED TO WHEELABRATOR) d.Mailing Address ONE ASHBURTON PLACE, 15TH FLOOR e.City/Town BOSTON f.State MA g.Zip Code 02108 5.Project Location a.Street Address 1600 OSGOOD STREET/WHEELABRATOR-286 HOLT ROAD b.City[rown NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat#34 e.Parcel/Lot# 17&21 f.Latitude 42.726N g.Longitude 71.11765W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 1513 272 NORTHERN ESSEX 1513 158 7.Dates a.Date NOI Filed: 3/14/2011 b.Date Public Hearing Closed: 7/13/2011 c.Date Of Issuance: 7/28/2011 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: NOTICE OF INTENT HOT R.G.VANDERWEIL CHRISTOPHER C.BROOKS 06/27/11 V=40' WATER LOOP ENGINEERS,INC. SYSTEM Page 1 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 WPA Form 5 -Order of Conditions eDEP Transaction#:403343 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection 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. F Public Water Supply b. F Land Containing Shellfish c.F Prevention of Pollution d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat g. F Ground Water Supply h. F Storm Damage Prevention i. F 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.F 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.F 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 Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.F Bordering Vegetated Wetland 2081 2081 2081 2081 a.square feet b.square feet c.square feet d.square feet 6. F Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet 100 100 Page 2 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 WPA Form 5- Order of Conditions eDEP Transaction#:403343 ( ti City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 e.c/y dredged f.c/y dredged 7.r 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 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.r Riverfront Area 24140 24140 a.total sq.feet b.total sq.feet Sq ft within 100 ft 18875 18875 18875 18875 c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft 5265 5265 5265 5265 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.r 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.r Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes b. a.square feet square feet c.square feet d.square feet 18.r Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged Page 3 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 WPA Form 5-Order of Conditions eDEP Transaction#:403343 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r-Fish 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. 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. 2081 a.square feet of BVW b.square feet of Salt Marsh 23. F Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. 1 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. Page 4 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 Lll � WPA Form 5 -Order of Conditions eDEP Transaction#:403343 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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, 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:"242-1513" 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 Page 5 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 Lll ��� WPA Form 5 -Order of Conditions eDEP Transaction#:403343 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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 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. Page 6 of 11 *ELECTRONIC COPY I I I i Massachusetts Department of Environmental Protection Provided by MassDEP: _- Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 WPA Form 5-Order of Conditions eDEP Transaction#:403343 i Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CiVrown:NORTH ANDOVER 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: SEE ATTACHED. i i Page 7 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 r WPA Form 5 -Order of Conditions eDEP Transaction#:403343 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTH ANDOVER i D. Findings Under Municipal Wetlands Bylaw or Ordinance 1• Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The Conservation Commission hereby(check one that applies) 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 al Ordinance or Bylaw WETLANDS 1.Municipal y PROTECTION 2.Citation CHAPTER 178 BYLAW 3. The Commission orders that all work shall be perfonned 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 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 WPA Form 5 -Order of Conditions eDEP Transaction#:403343 Massachusetts Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. 7 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 h delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Envir entaIzIl l Protecti Regi al Office,if not filing electronically,and the property owner,if different from applicant. Signatures: //,\ f/by hand delivery on C3by certified mail,return receipt requested,on 7%01 ki I I 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 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 WPA Form 5 -Order of Conditions eDEP Transaction#:403343 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: 1600 OSGOOD STREET/WHEELABRATOR-286 HOLT 242-1513 ROAD Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner PETER H.NORSTRAND(DEPUTY COMMISSIONER) 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 Page 10 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection-Wetlands MassDEP File#:242-1513 eDEP Transaction#:403343 y` WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER Signature of Applicant Rev.4/1/2010 Page 11 of 11 *ELECTRONIC COPY DEP FILE#242 - 1513 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: the construction of an approximately 2,170 linear foot heated water distribution loop system and overhead electric line from the Wheelabrator facility to Osgood Landing including temporary and permanent impacts to Riverfront Area, Bordering Land Subject to Flooding, Bordering Vegetated Wetland (BVW), and the associated Buffer Zone. Restoration of impacted resource areas and stream bed mitigation are also proposed. An ongoing Operations and Maintenance Plan is included for the pipeline right-of-way (ROW). Stormwater improvements to the Wheelabrator site are also proposed and will be the subject of a separate Order of Conditions (OOC). 21. The work shall conform to the following: Applicant: Orit Goldstein 1600 Osgood Street, LLC 1600 Osgood Street North Andover, MA 01845 NOI Prepared by: Julie Vondrak Epsilon Associates, Inc. 3 Clock Tower Place,Suite 250 Maynard, MA 01754 Site Plans prepared by: R.G. Vanderweil Engineers, Inc. 274 Summer Street Boston, MA 02210 Titled: Notice of Intent,Hot Water Loop System 286 Holt Road/1600 Osgood Street, North Andover, MA Date: 10-19-10 Sheets: M-201, M-202, M-501, M-601 Revised: 6/27/11 Other Record Documents: Letter from Epsilon Associates, Inc. Subject: Supplemental Information- Ozzy Properties Heated Water Loop System (MassDEP File No. 242-1513) Including: Operation and Maintenance Plan Date: July 6,2011 242-1513 wheelabrator_osgood hot water loop system ooc.doc 1 NACC 7/28/2011 DEP FILE#242 - 1513 Letter from: JR Frey, P.E. CPESC Brown and Caldwell Date: June 30, 2011 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. 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 fliLrty days(30) prior to the expiration date of the Order. 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. 242-1513 wheelabrator osgood hot water loop system ooc.doc 2 NACC 7/28/2011 DEP FILE#242 - 1513 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. The following wetland resource areas are affected by the proposed work: Riverfront Area, Bordering Land Subject to Flooding (BLSF), and Bordering Vegetated Wetland (BVW), and the associated Buffer Zone. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 32. The NACC agrees with the applicant's delineation of the wetland resource areas shown on the site plans referenced herein. 33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from the edge of the adjacent wetland resource except as follows: temporary and permanent impacts related to installation of Heated Water Loop System and Utility Line. 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 except as noted herein. 34. The NACC approves the proposed resource area crossing (Canopy clearing impacts: 5,535 s.f. Riverfront,2,081 s.f. BVW, and 535 s.f. BLSF) and associated resource area alteration (Permanent fill for poles/footings: 135 s.f. Riverfront Area and 24 s.f BVW) provided that mitigation for this disturbance is conducted in accordance with the approved restoration planting plan provided in the Updated NOI Attachment A and approved plans referenced herein. 35. The NACC finds the applicant's proposal for 13,280 sq. ft. of resource area restoration/re- vegetation and site wide buffer zone mitigation to be adequate as proposed in the Mitigation and Enhancement Measures (Section 7.0 of the NOI and the associated Supplemental Information). Success of the re-vegetation/restoration areas shall be measured in accordance with the record documents and the Massachusetts Inland Wetland Replication Guidelines, March 2002 and Section 6.1 of the Bylaw Regulations. In accordance with the herein referenced letter from Brown and Caldwell, the NACC expects additional mitigation,in the form of stormwater management improvements on the Wheelabrator site,to be permitted under a subsequent NOI. This work shall be permitted and completed prior to the issuance of a Certificate of Compliance (COC). 36. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting 242-1513 wheelabrator_osgood hot water loop system ooc.doc 3 NACC 7/28/2011 DEP FILE#242 - 1513 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. 37. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the sites not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1513." Signs should be posted on both the Holt Road and Osgood Street sites. 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or_information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and 242-1513 wheelabrator_osgood hot water loop system ooc.doc 4 NACC 7/28/2011 DEP FILE#242 - 1513 contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the installation of sedimentation/erosion control devices, geotechnical borings, vegetation clearing, restoration and mitigation, infrastructure installation, and all associated construction action items. This construction sequence shall be updated on a monthly basis as described below in Condition #54, and shall be completed in accordance with all best management practices as approved and referenced herein. 44. Wetland flagging shall be checked by the applicant 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. Erosion controls as detailed in the Erosion and Sedimentation Control Plan provided with the Notice of Intent shall be placed between all construction areas and wetlands. The erosion control barriers will be properly installed and placed as shown on the plans approved and referenced herein and as required during construction and shall 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. In addition the applicant will have on site additional erosion and sedimentation control devices as detailed in the Erosion and Sedimentation Control Plan including,but not limited to, swamp mats,catch basin inlet protectors, and filter bags for dewatering. 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 Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 straw bales (weed free) and sufficient stakes for staking these bales. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 242-1513 wheelabrator_osgood hot water loop system ooc.doc 5 NACC 7/28/2011 DEP FILE#242 - 1513 47. A check payable to the Town of North Andover shall be provided in the amount of $22,000 ($3/square foot for work in BVW (2,081 s.f.) plus 3/square foot for work in the 0- 100' Riverfront Area (5,265 s.f)) 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. This person shall be given the authority to stop construction for erosion control purposes and 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. 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 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 or when appropriate locations can be established, the applicant shall permanently mark the edge of the 25' No-Disturbance Zone or the fence line in the project area with wetland markers spaced evenly every 30 feet(for the area depicted on the herein referenced plans) incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers shall be field located and approved by the Conservation Department. 242-1513 wheelabrator osgood hot water loop system ooc.doc 6 NACC 7/28/2011 DEP FILE#242 - 1513 The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. The markers shall remain posted and be replaced as necessary in perpetuity. Markers may be obtained from the North Andover Conservation Department ($2 round (standard marker)/$3 square (rules)). 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 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 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). =KSTO:RMWVATER MANAGEMENT CONDITIONS 53. 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 54. Upon beginning work, and in addition to weekly environmental monitoring reports, the applicant shall submit written progress reports each 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. 242-1513 wheelabrator osgood hot water loop system ooc.doc 7 NACC 7/28/2011 DEP FILE#242 - 1513 55. Silt sacks/sediment filters shall be installed at any catch basins within 100 feet of the approved work and along construction access routes. 56. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to de-watering is occurring and until this section is complete. De-watering activities shall be conducted as detailed in the Erosion and Sedimentation Control Plan and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 57. 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. 58. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 59. 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. 60. There shall be no stockpiling of soil or other materials beyond the limit of work established by the erosion control line. No materials shall be stockpiled overnight within resource areas without being contained by erosion controls and/or covered. Stockpiled materials stored on pavement shall also be contained by erosion controls. 61. Construction equipment/vehicles shall not be staged overnight within 50 feet of a wetland resource area. 62. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If concrete truck washing is required an area for this activity shall be designated and approved by the Conservation Department at the preconstruction meeting 63. 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 242-1513 wheelabrator_osgood hot water loop system ooc.doc 8 NACC 7/28/2011 DEP FILE#242 - 1513 dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 64. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 65. 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 66. 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. 67. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 68. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done in accordance with the specifications outlined in the NOI. Stabilization will be considered complete once full vegetative cover has been achieved. 69. 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. 70. Long term maintenance of the heated water pipe loop system and overhead electric line shall be carried out as specified in the Operation and Maintenance Plan submitted with the Notice of Intent Supplemental Information and incorporated in the Order of Conditions. The approved Operation and Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations,heirs and assigns and must be adhered to in perpetuity. 71. 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: 242-1513 wheelabrator_osgood hot water loop system ooc.doc 9 NACC 7/28/2011 i DEP FILE#242 - 1513 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 j compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes as disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 72. 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# 242-1513. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 (page 15) of the Regulations for performance standards 242-1513 wheelabrator osgood hot water loop system ooc.doc 10 NACC 7/28/2011 DEP FILE#242 - 1513 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; ➢ Resource Area Markers (Condition#50); ➢ Discharge or spillage of pollutants (Condition#65); ➢ Prohibition of underground fuels (Condition#66); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #67); ➢ Operation & Maintenance Plan (Condition#70). Additional filings will not be necessary for routine maintenance conducted in accordance with the plan. 242-1513 wheelabrator osgood hot water loop system ooc.doc 11 NACC 7/28/2011 DEP FILE#242 - 1513 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) 242-1513 wheel abrator osgood hot water loop system ooc.doc 12 NACC 7/28/2011 v Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 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 Robert Bartley, 1600 Osgood Street, LLC c/o Ozzy Properties, Inc computer, use Name only the tab key to move 1600 Osgood Street your cursor- Mailing Address do not use the North Andover MA 01845 return key. City/Town State 'Zip Code 2. Property Owner(if different): Orit Goldstein, 1600 Osgood Street, LLC Name 1600 Osgood Street Mailing Address North Andover MA 01845 City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: April 27, 2006 Date for work at: 1600 Osgood Street Map 32 Parcels 17,15 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex North 10344 330 County Book Page Certificate('rf registered land) is hereby extended until: April 27, 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 9 �lJO Conservation Commission Date wpaform7.doc•rev.1107 Page 1 of 3 3 LlMassachusetts Department of.Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 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://www.mass.gov/dep/ab6ut/region/fii ndyour.htm). Signatures: --° d' J Jn Notary Acknowledgement Commonwealth of Massachusetts County of Essex North -f-ti g?Qd 9 ,rG►k's On this Day of Mo h Year Before me, the undersigned Notary Public, personally appeared 4W.0Ar 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. North Andover As member of City/rown Conservation Commission G DONNA M.WEDGE Signature of Notary Public NOTARY PUBLIC TT NA / /�� - COMMONWEALTH OF MASSACHUSETTS lJOi'7�1A /�[ 4/ G My Comm.Expires Aug.7,2009 Printed Name of Notary Public � fi7 Place notary seal and/or any stamp above X06 9 My Commis ion EApires(Date) wpaform7.doc•rev.1/07 Page 2 of 3 1 \' j 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 242-1352 L7) 1 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: 1600 Osgood Street 242-1352 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex North County fOF: Orit Goldstein, 1600 Osgood Street, LLC Property Owner and has been noted in the chain of title of the affected property . . p p y 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 wpaformTdoc•rev.1107 Page 3 of 3 r Order of Resource Area Delineation 1600 Osgood Street Former Lucent Technologies Site Additional Findings: The NACC and the NACC's consultant substantially agrees with the applicant's finding that only 2 perennial streams were identified adjacent to the property (a portion of stream 4 and the Merrimack River) and thus subject to the Rivers Protection Act under the Wetlands Protection Act(WPA) and the North Andover Wetlands Bylaw. The remaining streams on the site (1,2, & 3) were identified and confirmed to be intermittent. The previously identified Bordering Land Subject to Flooding (BLSF) elevation (elev. 31.21/30.21 NAVD88) noted in the ANRAD application and original plan submission are not approved under this filing. The applicant's representative requested to withdraw their request confirming this resource area. It is understood that a separate request to approve the limits of BLSF will be filed at a later date. The NACC's consultant confirmed that the fenced in area west of wetland series #15 (detention pond)was not a jurisdictional resource area under the WPA and the local Bylaw. It should be further noted that the NACC's consultant identified several Isolated Vegetated Wetland (IVW) resource areas (specifically wetland series 3, 5, 10, 12, 14, & 18) which could and may be federally jurisdictional. As such, the applicant shall duly submit all associated permits, if necessary,with the Army Corps of Engineers to determine jurisdiction of any federally regulated resource areas. Any findings issued by the Army Corps of Engineers shall be submitted to the NACC upon issuance. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation Report, dated August 12, 2005, entitled "Abbreviated Notice of Resource Area Delineation- Former Lucent Technologies Site- 1600 Osgood Street, Map 34, Parcel 17'. Prepared by Epsilon Associates, Inc. In Association with: Huntress Associates, Inc. &Chas. H. Sells, Inc.; ➢ Plan entitled "Abbreviated Notice of Resource Area Delineation Plan", consisting of sheets 1-9. Prepared by Chas H. Sells, Inc. dated August 8, 2005, revised 9/30/05. Stamped & signed by David Webber, P.L.S.; ➢ Additional Plan Sheet entitled"Site Overview", dated August 8, 2005, revised 9/30/05. Stamped &Signed by David Webber, P.L.S.; ➢ Epsilon Letter dated October 5, 2005; ➢ Seekamp Environmental Consulting Letter dated October 11, 2005; ➢ Resource Area Table (see attached). f � ORAD, 1600 Osgood Street Wetland Series State local Non- Jurisdictional Jurisdictional Jurisdictional Series 1 -BVW/ Bank/Intermittent Stream X X Series 2- BVW/Bank X X Series 3- IVW X Series 4- BVW/ Bank/Intermittent Stream X X Series 5- IVW X Series 6-IVW X Series 7- BVW X X Series 8-BVW/ Bank/Intermittent Stream X X Series 9 - BVW X Series 10- IVW (Reduced in size to 3,177 X s.f.) Series 11 - BVW/ Bank/Intermittent Stream X X Series 12- IVW X Series 13-IVW (under 1,000 s.f.) X Series 14- IVW X Series 15-BVW/Bank/Intermittent Stream X X Series 16-BVW/Bank/Intermittent Stream X X Series 17-BVW/ Bank/Intermittent Stream X X Series 18-IVW (under 1,000 s.f.) X Series 19-BVW/Bank/Intermittent Stream X X Detention Basin-West of Series 15 X Riverfront Area X X Newly Flagged Areas WF Al-A4-(under 1,000 s.f) X Bank Resource Area (western property X X boundary, concrete lined channels) r t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: North Andover When filling out From: 1.Conservation Commission forms on the computer, use 2. This Issuance is for(check one): only the tab key to move your cursor-do not a. ® Order of Resource Area Delineation Only use the return key. b. ❑ Order of Resource Area Delineation Subject to Simplified Review 1. Not Subject to Stormwater Policy 2. ❑ Subject to Stormwater Policy c. ❑ Amended Order of Resource Area Delineation Note: Before 3. To: Applicant: completing this form consult Orit Goldstein 1600 Osgood Street, LLC c/o Ozzy Prop. your local a. First Name b. Last Name c.Company Conservation Commission 3 Dundee Park regarding any d.Mailing Address municipal bylaw Andover MA. 01810 or ordinance. e. City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b. Last Name c.Company d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 1600 Osgood Street North Andover a. Street Address b.City/Town Map 34 Parcel 17 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude (note: electronic filers will click for GIS locator): e.Latitude f. Longitude 8/12/05 10/12/05 10/19/05 6. Dates: a. Date Notice of Intent filed b.Date Public Hearing Closed c. Date of Issuance 7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Abbreviated Notice of Resource Area Delineation Plan, sheets 1-9 8/8/05, revised a.Title 9/30/05 See attached For Additional Documents. c.Title d. Date wpaform4b.doc•rev.06/13/05 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form Q — Order of Resource Area Delineation 242-1336 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. ® Bordering Vegetated Wetlands 2. ® Other Resource Area(s), specifically: Riverfront Area, Isolated Vegetated Wetlands(Local/Federal Jurisdiction only), Non- Jurisdictional Isolated Vegetated Wetlands and Associated Buffer Zones including the 100', the 50' No-Construction Zone (Local), and 25' No-Disturbance Zone(Local). -Refer to attached Table and Additional Findings. b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform4b.doc•rev.06/13/05 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: � Bureau of Resource Protection - Wetlands ' 1 WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work(whichever is a greater distance from the resource area)to protect resource areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope greater than an average of 15%at its steepest gradient across the 100-foot Buffer Zone. 8. The amount of new impervious surface, in combination with existing impervious surfaces, shall not exceed 40% of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work. 14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI or RDA may be filed, for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions-- wpaform4b.doc-rev.06/13/05 Page 3 of 7 Massachusetts Department of Environmental Protection I DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1336 'Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review (cont.) Stormwater Applicability 1. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.35. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' 6. F-1The site borders an Outstanding Resource Water.2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of the work, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.) The following necessary stormwater information was not submitted by the applicant: a. s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards (specify which standard(s) not met). a.Standard# b.Standard# s. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet from the resource area. 1o. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas, whichever will be greater. 11. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. ' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. 2 Certified Vernal Pools, public water supplies, or inland ACECs as identified in 314 CMR 4.00. wpaform4b.doc•rev.06/13/05 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands / WPA Form 4B — Order of Resource Area Delineation 242-1336 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, §40) and its regulations (310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. 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. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent 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 DEP Regional Office. E. 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 Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Departments review is limited to the objections to the resource area delineation(s)stated in the appeal request.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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc•rev.06/13/05 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signatures and Notary Acknowledgement Please indicate the b of embers who will sign this form: 1. Number of Signers Signatur of Co se on o is 'on Member Sign of nservation C mmissio ember Signa ure Con eryti orp' ssion Member Signat o rvaUon Com 'ssion Member w Signatur o n erva' m ssion Member Signature of Conservation Commission Member Signat re of Conservation Commission Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different) as follows: ❑ by hand delivery on Z by certified mail, return receipt requested on Date Date Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this 13 +k of 0 0�UO S Day Month Year Before me, the undersigned Notary Public, '5(-A- M'Ssz 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/rown DONNA M.WEDGE Signature of Notary Public Nornar Pusuc Oeo�r COMMONWEALTH OFMASSACHUSEM Printed Name of Nota Public My Comm.Expires Aug.7,2009 Notary '7 -' D `I Place no r? sea a above My Commission E pires(Date) This Order is issued to the applicant as follows: wpaform4b.doc•rev.06/13/05 Page 6 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1336 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 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: 242-1336 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 wpaform4b.doc•rev.06113/05 Page 7 of 7 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 Sandisfeld 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 Whalely Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire' Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Devens Hudson New Braintree Shrewsbury Webster Worcester, MA 01605 Athol Douglas Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dudley Lancaster Northbridge Southbridge West Boylston Fax:508 792-7621 Ayer Dunstable Leicester North Brookfield Spencer West Brookfield Barre East Brookfield Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Fitchburg Littleton Oxford Stow Westminster Berlin Gardner Lunenburg Paxton Sturbridge Winchendon Blackstone Grafton Marlborough Pepperell Sutton Worcester Bolton Groton Maynard Petersham Templeton Boxborough Harvard Medway Phillipston Townsend Boylston Hardwick Mendon Princeton Tyngsborough Brookfield Holden Milford Royalston Upton Hopedale DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gosnold Middleborough Raynham Truro Aquinnah Dighton Halifax Nantucket Rehoboth Wareham Lakeville,MA 02347 Attleboro Duxbury Hanover New Bedford Rochester Wellfleet Phone:508-946-2700 Avon Eastham Hanson North Attleborough Rockland West Bridgewater Fax:508 947-6557 Barnstable East Bridgewater Harwich Norton Sandwich Westport Berkley Easton Kingston Norwell Scituate West Tisbury TDD:508-946-2795 Bourne Edgartown Lakeville Oak Bluffs Seekonk Whitman Brewster Fairhaven Mansfield Orleans Sharon Wrentham Bridgewater Fall River Marion Pembroke Somerset Yarmouth Brockton Falmouth Marshfield Plainville Stoughton Carver Foxborough Mashpee Plymouth Swansea Chatham Franklin Plympton Taunton Chilmark DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield One 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 Millon 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 Wpaform4b.doc•rev.11/22/00 Page 1 o 1 a - Massachusetts 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: 1. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, use Name only the tab key to move your cursor- Failing Address do not use the return key. CityfTown State Zip Code r� Phone Number Fax Number(if applicable) Project Location rertm Mailing Address Cityfrown 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 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$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Wpaform4b.doc•rev.10/04 Page 1 of 2 e - Massachusetts Department of Environmental Protection L77 Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form 1 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. 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. Wpaform4b.doc•rev.10/04 Page 2 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 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 Or Goldstein 1600 Osgood Street, LLC. use the return a. First Name b.Last Name c.Company key. Three Dundee Park d.Mailing Address Andover MA. 01810 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b. Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 1600 Osgood Street North Andover a.Street Address b.City/Town Map 32 Parcel 17 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) 8213 272 c. Book d. Page 5/26/05 -7/13`0 5 0 7. Dates: a. Date Notice of Intent Filed b. Date Ffublicfiearing Closed c. Date of Iss ance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Notice of Intent Building 20 &21 Parking Lot Site Plan 1— 6 a. Plan Title Marchionda &Associates, Matthew A. Leidner, P. E. b. Pre ared By 1.1 Signed and Stamped by Pre 0�a�' d. Final R vision Date e.Scale f.Additional Plan or Document Title g. Date s. Total WPA Fee Paid: $ 800.00 237.50 $ 562.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 L L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands . DEP File Number: WPA Form 5 - Order of Conditions 242-1314 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. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b. linear feet c.linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 l 7 FL1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: : WPA Form 5 - Order of Conditions 242-1314 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 a.square feet b.square feet c.c/y nourishmt. d.Gy nourishmt 14. ❑ Coastal Banks a. linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet 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 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1314 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1314 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 wpaform5.doc• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 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 wpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE #242 - 1314 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 the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information' so warrant. C:\Winword\OOC\16000sgoodSt.doc 1 NACC 7/19/2005 DEP FILE #242 - 1314 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. 242-1314. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The construction of a new 18-inch drain line and reconstruction of an existing headwall to accommodate stormwater discharges within the buffer zone to a BVW associated with an intermittent stream. The stormwater structures are associated with a 190,000 s.f. parking lot (to accommodate 410 parking spaces) proposed to be constructed outside of the 100-foot buffer zone,in an area currently maintained as manicured lawn in front of the former Lucent Technology facility. 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: Orit Goldstein (Applicant) 1600 Osgood Street, LLC c/o Ozzy Properties, Inc. 3 Dundee Park Andover, MA 01810 Notice of Intent prepared by: Epsilon Associates, Inc. 3 Clock Tower Place, Suite 250 Maynard, MA 01754 Entitled "Proposed Parking Lot and Drainage Improvements, 1600 Osgood Street", dated May 26, 2005. Site Plans prepared by: Marchionda & Associates, L.P. 62 Montvale Avenue,Suite 1 Stoneham, MA 02180 CAWinword\00C\16000sgoodSt.doc 2 NACC 7/19/2005 DEP FILE #242 - 1314 Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 Plans Entitled: Sheet 1 -"Notice of Intent Building 20 & 21 Parking Lot Overall Site Plan", dated May 2005; Sheet 2 - "Notice of Intent Building 20 &21 Parking Lot Site Plan", dated May 2005, revised 6/28/05; Sheet 3 - "Notice of Intent Building 20 &21 Parking Lot Site Plan', dated May 2005, last revised 6/30/05; Sheet 4 - "Notice of Intent Building 20 &21 Parking Lot Site Plan", dated May 2005,last revised 6/28/05; Sheet 5 - "Notice of Intent Building 20 & 21 Parking Lot Detail Sheet", dated May 2005, last revised 6/30/05; Sheet 6 - "Notice of Intent Building 20 &21 Parking Lot Detail Sheet", dated May 2005. Plans Signed &Stamped by Matthew A. Leidner, P.E. Operation & Maintenance Plan prepared by: Epsilon Associates, Inc. 3 Clock Tower Place,Suite 250 Maynard, MA 01754 Entitled "Operation and Maintenance Plan", Revised 6/28/05. Other Record Documents: Drainage Report Prepared by Marchionda &associates, L.P., Entitled "Drainage Report for 1600 Osgood Commerce Center Building 20 & 21 Parking Lot", dated May 20, 2005 with revisions through June 23, 2005. Accompanying Drainage Analysis plans entitled "Existing Conditions" &"Proposed Conditions", dated May 20, 2005. Stamped &Signed by Matthew A. Leidner,P.E.; Review Letter from Seekamp Environmental Consulting, Inc. dated June 21, 2005; Response Review Letter from Epsilon Associates, Inc. dated June 23, 2005; Stormwater Management Review Letter prepared by Eggleston Environmental, dated June 24, 2005; C:\Winword\OOC\16000sgoodSt.doc 3 NACC 7/19/2005 I DEP FILE#242 - 1314 Stormwater Management Review Response Letter prepared by Marchionda & Associates, L.P., dated June 28, 2005; Stormwater Management Review Letter prepared by Eggleston Environmental, dated June 29, 2005; Stormwater Management Review Response Letter prepared by Marchionda & Associates, L.P., dated June 30, 2005; Stormwater Management Review Letter prepared by Eggleston Environmental, dated July 5, 2005; 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to, Bank,Land Under Water (LUW),and 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 except in those areas as depicted on the approved plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing 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 NACC finds the applicant's proposal for proposed buffer zone restoration/mitigation to be adequate for the temporary impacts proposed within the 25-foot no-disturbance zone as approved and specified in section 8 of the Notice of Intent referenced herein and as modified by Seekamp Environmental Consulting(refer to Seekamp Letter dated June 21,2005 - Buffer Zone Restoration). CAWinword\00C\16000sgoodSt.doc 4 NACC 7/19/2005 DEP FILE #242 - 1314 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 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 242-1314." 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. 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 C:\Winword\OOC\16000sgoodSt.doc 5 NACC 7/19/2005 DEP FILE #242 - 1314 be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re- vegetation to be completed before other work begins on-site. 43. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and 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. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. C:\Winword\OOC\16000sgoodSt.doc 6 NACC 7/19/2005 DEP FILE #242 - 1314 46. A check payable to the Town of North Andover shall be provided in the amount of $3,000,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. 47. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion Control Monitor" (ECM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter on company letterhead stating they have been retained as the project's Erosion Control Monitor. The designated Erosion Control Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM 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. Further,the ECM shall carefully monitor the condition of the resource areas, headwall, and existing drainage system,particularly existing catch basins near or within the construction area to ensure that all erosion controls are properly functioning during construction. All catch basins potentially affected by construction of the parking lot and the drainage system shall be clearly identified and maintained with erosion controls throughout construction. 48. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental/Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC.The EMC shall certify that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. C:\Winword\OOC\16000sgoodSt.doc 7 NACC 7/19/2005 . . DEP FILE#242 - 1314 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 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). 11STORMWATER MANAGEMENT CONDITIONS 51. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents and plans 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. 52. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer.The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. 53. Prior to paving of the associated parking lot, all drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the Operation&Maintenance Plan as referenced and attached herein. C:\Winword\OOC\16000sgoodkdoc 8 NACC 7/19/2005 DEP FILE #242 - 1314 54. 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. 55. 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. 56. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system,unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 57. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 58. 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. 59. All work activities associated with the drainage system approved in this Order must be conducted during no-flow or low-flow conditions. Specifically, all work shall be conducted no earlier than August 1St of any given year and shall be completed by no later than September 30th of that same calendar year. If work cannot be completed within this time frame,the Conservation Administrator may grant an extension upon review of the site and current flow conditions. The Conservation Administrator and the designated Environmental Monitor shall determine the limit of any extension based on the factors as mentioned above. 60. A qualified wetland specialist shall monitor the buffer zone restoration/mitigation plantings during installation and for two growing seasons. Monitoring reports shall be submitted to the Conservation Department at the end of each growing season to report on the relative success or failure of the restoration effort. If at the end of the second growing season, it has been determined that a 75% success rate has not been achieved, the NACC maintains the right to require additional mitigative measures. 61. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in C:\Winword\OOC\16000sgoodSt.doc 9 NACC 7/19/2005 DEP FILE #242 - 1314 the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 62. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while work specific to the installation of the drain line and/or other related drainage work within the resource area is occurring and until this section is complete. De-watering activities shall be conducted in accordance with section 8.5 of the Notice of Intent and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 63. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 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. No exposed area shall remain unfinished for more than thirty (30) days,unless approved by the NACC. If soils are left to idle greater than thirty days, all areas shall be seeded with rye seed to provide immediate stabilization. 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. 67. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 68. After proper 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. 69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. CAM nword\OOC\1600OsgoodSt.doc 10 NACC 7/19/2005 DEP FILE #242 - 1314 70. 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. 71. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 72. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored 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 73. 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. 74. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 75. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. 76. Snow storage shall be conducted in accordance with the approved O & M plan referenced herein and shall be limited to those areas referenced in said plan. 77. Prior to the issuance of a Certificate of Compliance,the property owners shall submit to the NACC for review and approval an agreement to allow for the maintenance of the upland meadow areas adjacent to the brook, at least once every three years. Said maintenance agreement shall provide and promote the existing upland meadow C:\Winword\OOC\16000sgoodSt.doc 11 NACC 7/19/2005 DEP FILE #242 - 1314 habitat. Once said agreement has been approved by the designated authority,the agreement shall be carried forth in perpetuity. 78. After completion of work, the applicant shall permanently mark the edge of the "No- Disturbance Zone" or edge of existing disturbance if the no-disturbance zone is not being maintained with twenty (20) signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area" This will designate their sensitivity and ensure 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. 79. 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. 80. 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. 81. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource CAWinword\00C\16000sgoodSt.doc 12 NACC 7/19/2005 DEP FILE # 242 - 1314 area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a-Lny disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 82. 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); ➢ Maintenance of catch basins (Condition#61); ➢ Discharge or spillage of pollutants (Condition# 72); ➢ Prohibition of underground fuels (Condition#73); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions # 74 &75). ➢ Maintenance of the upland meadow habitat as specified in the approved agreement (Condition#77) ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword\00C\1600osgoodSt.doc 13 NACC 7/19/2005 DEP FILE #242 - 1314 APPENDIX A—AFFIDAVIT 10 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) 1 am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20__, 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) CAWinword\00C\16000sgoodSt.doc 14 NACC 7/19/2005 4"Rr fota 7PY1 Operation and Maintenance Plan (Rev.MOM) The following Operations and Maintenance Plan ("O&M") has been prepared to ensure that proposed systems function as designed. The O&M plan includes a maintenance schedule to ensure that structural and non-structural components are implemented properly and identifies the responsible parties. A brief summary of the specific BMP's to be implemented at the site are as follows: Responsible Party Ozzy Properties, Inc., or any successor of, shall be the party responsible for adherence to the DEP Stormwater Management Policy Operation and Maintenance Plan. Non-Structural Methods Site Layout Naturally and maintained vegetated buffers temporarily disturbed during stormwater structure installation will stabilized upon completion of project activities. Upon completion of pipe installation within 25 feet of wetland resource areas, the disturbed areas will be stabilized and planted with woody shrub species. Source Control A comprehensive source control program will be implemented at the site which includes regular pavement sweeping (at least four times per year), catch basin cleaning, and detention basin and infiltration trench inspection and cleaning. Spill Prevention A spill prevention plan that includes an emergency notification plan and cleanup program will be developed as part of the National Pollution Discharge Elimination System (NPDES) Construction General Permit. At a minimum the following good housekeeping practices will be followed on-site during construction: 1. An effort will be made to store only enough product required to do the job. 2. All materials stored on-site will be kept in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. 3. Products will be kept in their original containers with the original manufacturer's label. #137704/LucentlN01/Parking Lot 1 1600 Osgood Street, North Andover, MA Epsilon Associates, Inc. h 4. Substances will not be mixed with one another unless recommended by the manufacturer. 5. Whenever possible, all of a product will be used up before disposing of the container. 6. Manufacturers' recommendations for proper use and disposal will be followed. Structural Methods Deep Sump Hooded Catch Basins Catch basins at the site are to be constructed with sumps and hooded outlets to trap debris, sediments and floating contaminants. Catch basins will be cleaned twice per year. Stormceptor° Unit The Stormceptor® unit should be maintained annually and after a spill event or if, oil and sediment levels exceed prescribed maintenance volumes. Materials are typically removed by a vacuum truck. Extended Detention Basin The on-site basin has been designed to detain water for the 100 year storm event. Pre- treatment will be provided by deep sump catch basins and a Stormceptor unit. The basin is designed with easy access for maintenance and cleaning. The basin will be inspected once annually, in the spring, for cracking or erosion of . sideslope embankments, and accumulated sediment. Necessary sediment removal, earth repair and/or reseeding will be performed immediately upon identification. Necessary sediment removal will be performed with the use of a clamshell, small excavator, manually with a shovel and bucket and/or with a vacuum truck depending on the volume of material encountered followed immediately by earth repair and/or re-seeding. Over the long term, sediment removal will occur every 5 years. The outlet structures shall be inspected for evidence of clogging or outflow release velocities that are greater than design flow. The upper stage, side slopes, embankment, and emergency spillways shall be mowed at least twice per year. Infiltration Chambers The use of pretreatment BMPs (deep sump hooded catch basins, Stormceptor' unit, etc.) will significantly minimize maintenance requirements of the infiltration chambers. The infiltration trenches shall be inspected after the first several rainfall events, after all major storms (2 year), and on regular bi-annual scheduled dates. #137704/LucentlNOl/Parking Lot 2 1600 Osgood Street, North Andover, MA Epsilon Associates, Inc. r Snow Disposal Snow disposal will be conducted in accordance with the DEP, Bureau of Resource Protection- Snow Disposal Guidance, effective March 8, 2001. Snow will not be stockpiled in or adjacent to wetland resource areas. Snow will be stockpiled outside the buffer zone in grassed areas, including the landscaped island areas within the parking lot. Snow will not be stockpiled on top of storm drains. #137704/LucentlNOl/Parking Lot 3 1600 Osgood Street, North Andover, MA Epsilon Associates, Inc. l Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7/4/0-5- condition 9 0Scondition pursuant to General Conditions#4, from the date of issuance. 1. Date of Issuan6e Please indicate the number of members who will sign this form: J This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: f N ary Ackno le ement Co monwealth of Massachusetts County of Essex North �U-� �DO.S On this Day 13 of Month Year Before me, the undersigned Notary Public, 5-co f l MA-S Sc__ 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 sis5!!'!M DONNA M.WEDGE / COMMONWEALTH OFwNOTA"PUBLIC USSACIMSETTS Signature of Notary Public��1 '` My Comm.ExOm Aug.7,200 Do'o o /�, GL'cz)G� Printed Name of �otary Public Place notary seal and/or any stamp above My Commissi n Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on M/by certified mail, return receipt requested, on 7h 9&5- Date Date wpaform5.doc• rev,3/1/05 Page 7 of 9 ♦ , O Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1314 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1314 ILI 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: 242-1314 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 Massachusetts Department of Environmental Protection �'. Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover _ When filling From: 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 Robert Bartley 1600 Osgood Street LLC/c/o OzzyProperties Inc use the return a. First Name b. Last Name c.Company key. 3 Dundee Park d. Mailing Address ie6 Andover MA. 01810 e. City/Town f.State g.Zip Code r 4. Property Owner(if different from applicant): Orit Goldstein 1600 Osgood Street LLC a. First Name b. Last Name c.Company 3 Dundee Park d. Mailing Address Andover MA. 01810 e.City/Town f. State g.Zip Code 5. Project Location: 1600 Osgood Street North Andover a.Street Address b.City/Town Map 32 Parcels 17, 15 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 v 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) 8213 272 c. Book d. Pa e 7. Dates: 3/31/06 == 1;Q�., j)6,' 1:. "( S a. Date Notice of Intent Filed b. Date Public Hearing Closed c.D to of tssugnce 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Notice of Intent Plans a.Plan Title Chas_H. Sells, Inc David A. Weber, Professional Land Surveyor b--Pre ared By c. Signed and Stamped by 33 06 _ 1" = 40' C. Final Revision Date e. Scale f.Additional Plan or Document Title g. Date s. Total WPA Fee Paid: $ 1,200.00 $ 362.50 $ 837.50 _ _ a. Total Fee Paid b.State Fee Paid c. City/Town Fee Paid wpaform5.doc• rev 3m05 P.a of Massachusetts Department of Environmental Protection 1!; Bureau of Resource Protection - Wetlands DEP File Number: ' WPA Form 5 - Order of Conditions 242-1352 ` 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. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b.linear feet c. linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a. square feet b.square feet c. square feet d. square feet 5. ❑ Land Under a. square feet b.square feet c.square feet d. square feet Waterbodies and Waterways e. cu.yd dredged f.cu.yd dredged wp:form6.dc:• rev.°;1/05 Pages 2 of 9 —� Massachusetts Department of Environmental Protection L Bureau of Resource Protection - WetlandsDEP File Number: ,` i WPA Form 5 - Order of Conditions 242-1352 _ 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 a. ❑ 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 10. ❑ 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 a.square feet b. square feet c.c/y nourishmt. d.c/y nourishmt 14. El 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.311105 Page 3 of,.) Massachusetts Department of Environmental Protection -� Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 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 242-1352 " wpaf.rm5.doc• rev 3/1105 F'age 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 ` 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 0 wpaform5.doc- rev 311105 Page 5 of 9 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. 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 space for c. The special conditions relating to municipal ordinance orb law are as follows: additional See attached conditions, select box to attach a text document wpaform5 doc• rev.311105 Page 6 of 9 DEP FILE # 242 - 1352 NARRATIVE & FINDINGS The North Andover Conservation Commission (NACC) finds that current conditions on the site are a direct result of an inadequate and insufficient maintenance program. Maintenance activities have not consistently occurred over the last several Nears and this filing is intended to permit such activities on a yearly/seasonal basis. Individual maintenance activities proposed are outlined in table 4.1 (attachment B) and attached to this Order. Site plans identifying each resource area and the specific maintenance activities to be performed in those areas were also submitted. The project is being filed as a limited project under 310 CMR 10.53 (3) (I) -Water Dependent. Performance standards were described in detail in the submitted application and the NACC agrees with the applicant that compliance with the performance standards for each affected resource area has been overcome or is not applicable for this particular project. A small portion of the project site falls within estimated habitat associated with the Merrimack River extending along the northwestern project site boundaries. Proposed maintenance activities in this area will be conducted within previously altered or developed areas and the routine maintenance activities are not anticipated to impact estimated habitat. In further support of this finding, the Division of Fisheries & Wildlife Natural Heritage Endangered Species Program (NHESP) "has determined that the project occurs near but not within the actual habitat of state listed rare wildlife species and will have no adverse affect to the actual resource area habitat of rare species". Two maintenance plans were previously filed and approved by the NACC under DEP file #242-417 and DEP file #242-751. Activities proposed under this filing are consistent with past maintenance plans. The NACC finds that a sound management program is necessary and further encouraged to ensure the future protection of the surrounding wetland resource area systems. Therefore, the North Andover Conservation Commission(hereafter the"NACC') hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the C:\W inword\000I6000sgoodSt.-maintenance.doc 1 NACC 4/27/2006 DEP FILE# 242 - 1352 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 CN1R 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. 242-1352. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. C:\Winword`00C`,I6000sgoodSt.-maintenance.doc 2 NACC 4/27/2006 DEP FILE # 242 - 1352 28. The proposed work includes: long term landscaping and maintenance activities to include mowing, pruning, cleaning and sediment removal within stormwater management structures, catch basins, and stream systems,grassland management, maintenance of fence lines, and poison ivy and invasive species control within Bordering Vegetated Wetlands, Bank, Riverfront and within the buffer zone to these resource areas. All work will occur within previously disturbed areas that have been previously maintained. 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: 1600 Osgood Street,LLC (Applicant) C/o Ozzy Properties, Inc. 3 Dundee Park Andover, MA 01810 Entitled "Proposed Long Term Property Maintenance Plan", dated March 31,2006; Prepared by: Epsilon Associates, Inc. 3 Clock Tower Place, Suite 250 Maynard, MA 01754 Huntress Associates, Inc. Chas. H. Sells, Inc. Site Plans prepared by: Chas. H. Sells, Inc 155 Main Dunstable Rd. Suites 120 &125 Nashua, NH 03060 Entitled "Notice of Intent Plans" dated March 31, 2006, consisting of a title sheet,sheets 1-9,and a site overview plan. Stamped & Signned by David A Webber, P.L.S. Other Record Documents: Division of Fisheries &Wildlife Natural Heritage Endangered Species Program letter dated April 24, 2006. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to a Bordering Vegetated Wetland (BVW), Bank, Riverfront, and 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 approved plans referenced herein and as previously approved under an Order of Resource Area Delineation (ORAD), DEP File #242-1336. C:\Winword'00C,I6000sgoodSt.-maintenance.doc 3 NACC4/27/2000 DEP FILE # 242 - 1352 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 except in already disturbed locations as shown on the approved plan. The applicant shall make every effort to minimize impacts to the previously disturbed resource areas and the 25' No-disturbance zones. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 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. 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. 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 C:\Winword\00C\I 6000sgoodSt,maintenance.doc 4 NACC 4/27/2006 DEP FILE # 242 - 1352 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 242-1352." 39. Prior to the commencement of any work, the applicant shall permanently mark the edge of the "25' No-Disturbance Zone" or the edge of disturbance with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Office for$2 apiece and 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. 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer, landscapers, maintenance crews, and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. In addition,the opportunity for future access to the property in order to conduct site inspections by this Department shall be clarified and a protocol established by the property personnel prior to work activities. The Conservation Administrator or its Associate will have the ability to conduct site inspections at anytime deemed necessary. 42. Prior to any work commencing on site,the applicant shall submit to the NACC for approval on a seasonal basis, a detailed maintenance sequence, including but not limited to, a dated timetable of scheduled activities, installation of sedimentation/erosion control devices and cleanup/stabilization methods. C:'�Winword\OOC116000sgoodSt.-maintenance.doc 5 NACC 4;27/2006 � r DEP FILE # 242 - 1352 43. Prior to any work commencing on site,the applicant shall submit to the NACC for review and approval a separate comprehensive long-term Operation & Maintenance Plan. The plan shall reflect similar maintenance activities approved under this Order and shall also include snow management procedures (i.e. designating snow stockpiling areas away from resource areas). The approved plan shall be recorded with this Order to ensure that maintenance activities will be performed in perpetuity even after the expiration of the Order. Further,this Operation & Maintenance plan shall stand on its own and shall function separately from the Operation &Maintenance Plan recorded with the work related to the parking lot and associated stormwater structures at the front portion of the site (DEP file #242-1314). 44. Wetland flagging shall be checked prior to start of activities and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. 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 Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 20 fresh hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence) at any one time. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. All additional emergency erosion controls shall be on site prior to the commencement of any activities and will be verified by the Conservation Department during the pre-construction meeting. C:`:W inword\OOCIA 6000sgoodSt.-maintenance.doc 6 NACC 4/27/2006 � y DEP FILE # 242 - 1352 47. The applicant shall designate a professional wetland scientist from Epsilon Associates as the "Erosion Control Monitor". 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. 48. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has 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. 49. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation and maintenance activities and shall arrange an on-site conference with an NACC representative,the contractor,the landscaper, the environmental monitor and the applicant to ensure that all of the Conditions of this Order are understood and to review and discuss the maintenance schedule for the upcoming seasons. 50. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice for each pre-construction meeting (e.g. 72 hours). 11STORMWATER MANAGEMENT CONDITIONS 51. Maintenance of stormwater management systems shall be conducted in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy, and the approved Operation and Maintenance Plan attached herein. C:�,Winword',000U6000sgoodSt.-maintenance.doc 7 NACC 4/27/2006 J } DEP FILE # 242 - 1352 52. 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. 53. Water quality down gradient of 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. 54. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 55. Accepted engineering and Best Management Practices (BMPs) for construction standards/maintenance activities shall be followed in the conduct of all work. 56. Reports shall be submitted to the NACC on a seasonal basis by the Environmental Monitor to ensure that such maintenance activities have occurred and will continue to occur in accordance with this Order. The reports shall also specify any maintenance activities that may not have occurred as approved and the reasons why these activities were not performed or found to be unnecessary. 57. The Environmental Monitor shall be on site to monitor any stream channel cleaning and sediment removal activities to ensure that work is being performed in compliance with this Order. The monitor must visually inspect any sedimentation/erosion control measures and assume responsibility for their maintenance and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 58. The areas where maintenance activities occur shall remain in stable condition at the end of each working day. Any erosion controls shall be in place throughout the duration of activities on site or unless authorized by the Conservation personnel. 59. Mowing activities shall occur to maintain the existing limits of the defined fields and shall occur during the drier months (Late July/August/September) to prevent rutting and after the end of the grassland bird breading season (after July 15 of any given year), so as not to impact the nesting habitat of these species. These maintenance activities shall provide a more valuable open meadow habitat for such species. C:\\''inword`'000\16000sgoodSt.-maintenance.doc 8 NACC 427/2006 DEP FILE # 242 - 1352 60. Extreme care shall be taken when removing invasive species from the site so as not to further the spread of these species. Such invasives shall be disposed of properly to an off site location. 61. Prior to the removal of any dead or dying trees and limbs or shrubs,the Environmental Monitor and/or the Conservation Department shall determine whether this vegetation provides for specific wildlife habitat value and/or function and shall have the authority to prohibit or limit such removal if such is evident. 62. Prior to the removal of any selective healthy vegetation in and along streams and resource areas,the vegetation should be flagged in the field for review and approval by this department. Any approved removal of non-native species shall be considered for use in creating/maintaining wildlife habitat throughout the project site. 63. Herbicide applications shall be limited and shall be applied with hand-held sprayers only. Only EPA approved herbicides shall be used (e.g. AquaMaster,Rodeo, Accord Round-UP) and the applicant shall ensure that all herbicides are applied in accordance with the MA Pesticide Board regulations and registration authority. Further,herbicide use shall be applied during the fall season in any particular areas that appear to present nesting habitat for bird species to minimize the risk of nest abandonment and additional predation for ground and shrub nesting species. 64. Appropriate permits from The Board of Health,The Division of Fisheries and Wildlife, and the Conservation Department shall be obtained prior to the implementation of any beaver management activity in accordance with the applicable state and local beaver Bylaws and regulations. 65. Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 66. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 67. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be installed at any catch basin/storm drain inlet within 50 feet of maintenance activities that would require temporary stockpiling of soils/sediments. 68. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 69.Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to C:'Winword,00C\I6000sgoodSt.-maintenance.doc 9 NACC4/27/2006 DEP FILE # 242 - 1352 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. 70. 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. 71. Sediment removal shall be conducted during low or no flow conditions as to decrease downstream turbidity and to prevent migration of sediments. If necessary,haybale check dams shall be installed immediately downstream from the proposed work. The erosion control monitor shall be on site at all times during such sediment removal activities. 72. 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. 73. 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. 74. Equipment shall not be staged overnight within 50-feet of a wetland resource area. 75. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. Further, any excavated materials shall be trucked off site and disposed of properly. 76. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 77. 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. 78. 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 C:\Winword\000I600osgoodSt.-maintenance.doc 10 NACC4/27`2006 y DEP FILE # 242 - 1352 wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. rAFTER CONSTRUCTION 79. 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. 80. 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 with exception to the application of a U.S. EPA approved herbicide for the control of poison ivy in those locations approved under this Order and as described in the Notice of Intent. 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. 81. The approved Operation &Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 82. Prior to the issuance of a Certificate of Compliance,the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation &Maintenance Plan. In addition to this contract,the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation &Maintenance Plan and other perpetual conditions mandated in this Order. 83. 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. 84. Upon approved site stabilization by Conservation staff, any erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 85. 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:\Vdinword\OOC\16000sgoodSt.-maintenance.doc I 1 NACC 4/27/2006 DEP FILE # 242 - 1352 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. 86. 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); y Discharge or spillage of pollutants (Condition#78); r Maintenance of catch basins; Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation,which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #54); i- Prohibition of underground fuels (Condition #79); y Limitations on the use of fertilizers, herbicides and pesticides (Conditions #80). r The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Winword\OOC\16000sgoodst.-maintenance.doc 12 NACC 4/27/2006 DEP FILE # 242 - 1352 APPENDIX A — AFFIDA`'IT h 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 theof (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20----, I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of - 20 (Authorized agent of applicant or owner) C:\Winm,or&000'\I6000sgoodSt.-maintenance.doc 13 NACC 4/27/2006 Table 4.1 Proposed Maintenance Activities wetland Buffer Zone Maintenance Activities Time of Year Resource Area Maintenance Activities Time of Year Series/Resource Areas Series 1- Cut woody vegetation along fire road and along entire chain 1 X per year in Cut/remove dead or obstructing 1 X per year in i i3VV.',`i3an link fence line spring/summer/fall vegetation along stream banks and spring/summer/tall within channel I Brush cut fire road with machinery 1 X per year in Remove woody and sediment debris 2X per year,spring/ spring/summer/fall above and below headwall grate summer/fall Repair headwall infrastructure On an as-needed basis Series 2-BVW M.,w field 1 X per year/August/Sept./dry Mow field 1 X per period year/August/Sept./dry i period Series s-WW Proposed mowing activities outside 25' No Disturbance Zone 1 X per year/August/Sept./dry No maintenance activities proposed N/A period within wetland resource area or 25' No- Disturbance Zone Series 4 BVW Mow fieid 1 X per year/AugustiSept./dry Mow field 1 X per year period Au usUSe t./d eriod Series 5-I`.'W Maintenance of fence line greater than 75'from the wetland 1 X per year in No maintenance activities proposed N/A resource area spring/summer/fall within the wetland resource area Series 7-BVW Mow field/removal of dead or obstructing vegetation along top 1 X per year in Cut obstructing and dead or dying 1 X per year in of pond banks spring/summer/fall vegetation along pond banks and bottom spring/summer/fall i Sediment removal within detention pond inspect yearly/remove on as as-needed basis sediment when needed Series 8-BV11V Mow grass and remove invasive species 1 X per year in Cut herbaceous vegetation(mostly 1 X per year in (phragmites/bittersweet) in upland areas spring/summer/fall phragmites)along bank sideslopes spring/summer/fall Cut woody vegetation along fence line 1 X per year in Remove woody and mud debris at 2X per year in spring/summer/fall inlet/outlet headwalls spring/summer/fall Herbicide application to control poison ivy 1 X per year in Cut obstructive vegetation along channel 1 X per year in spring/summer/fall bottom and sideslopes sprinWsummer/fall I Remove accumulated sediment along 1 X per year in the concrete lined stream bottom summer/fall j as needed basis Repair headwall infrastructure On an j Wetland Buffer Zone Maintenance Activities Time of Year Resource Area Maintenance Activities Time of Year SeriestResource i Areas j Series 10-I VVI I Mow field 1 X per year/August/Sept./dry Mow field 1 X per period year/August/Sept./dry _ period Sine 5 1-1-6V1:` .tU�Y neiU 1 X per year/August/Sept./dry Cut invasive species along sideslope 1 X per year in iperiod spring/summer/fall Selectively cut dead or dying and obstructing woody vegetation along 1 X per year in �-- sideslopes and pond bottom spring/summer/fall Seri's 12-IVW :Mow field 1 X per year/August/SeptJdry Cut invasive species(knotweed)along 1 X per year in i period sideslopes and channel bottom spring/summer/fall Cut woody vegetation along fence line 1 X per year in spring/summer/fall Brush cut\v—d road along fence line 1X per year in i spring/summer/fall Herbicide application 1 X per year in f spring/summer/fall i �rriri t a-IVB",' I -Mow field 1 X per year/August/Sept./dry Removal of woody vegetation within 1 X per year in iperiod channel spring/summer/fell Brush cle.ring along fence line abutting train tracks(outside 1X per year in 1S' N,-�-Dictufbance Zone) spring/summer/fall Jeries 15-BVV:' Mow field 1X per year/August/SeptJdry Mow channel 1X per I period year/August/Sept./dry period Series 16-BVk1'/ Mow field 1X per year/August/Sept./dry Mow BVW and channel area in field 1X per Bankf;o Uth) i I period year/August/Sept./dry pe ri od Cut v ood;vegetation along fence line 1 X per year in Remove accumulated sediment at new 1 X per year in spring/summer/fall headwall outlet spring/summer/fall Sei r rs 16-BVkl.' Moi,'fie;d 1 X per year/August/Sept./dry Selectively cut dead or dying woody 1 X per year in p period trees and shrubs obstructingchannel s ring/summer/fall Mechanically/hand remove accumulated 2X per year in woody debris and sediment at bridge spring/summer/fall crossing upgradient between Series 16 and 17 9 M AN it i Wetland IBuffer Zone Maintenance Activities t es Ttme of Year Resource Area Maintenance Activities Time of Year Series/Resource Areas Serie- I-_13% °J Remove accumulated debris at stream 2X per year in (n,rti,) inlet grate located in the most spring/summer./fall northeastern property corner i Repair headwall infrastructure On an as-needed basis Series 1,'-BV\Y Moo\ field 1X per year/August/Sept./dry Mechanically remove accumulated 2X per year in period debris at outlet headwall below paved spring/summer/fall path crossing I Remove woody,.egetation from detention pond,excavate 1 X per year in Repair headwall infrastructure On an as-needed basis accumulated sediment spring/summer/fall for vegetation removal;sediment removal as needed for detention pond rSc nes i 5- i Remove woody vegetation by hand along fence line 1 X per year in Remove woody vegetation by hand 1 X per year/early BV�NiBanj iRFA spring/summer/fall alongfence line summer/fall Mechanically brash cut wood road along fence line 1 X per year in spring/summer/fall i Herbicide application 1 X per year in spring/ summer/fall iSeries 10-Bank field 1 X per year in Remove invasive species(knotweed) 1 X per year in spring/summer/fall along top of bank and sideslopes I spring/summer/fall i Cut woody vegetation along fence line 1 X per year in Remove accumulated sediment and 1 X per year in j spring/summer/fall obstructing vegetation from concrete spring/summer/fall lined bottom and sideslopes i Hribicide application 1X per year in iI spring/summer/fall 1 3 ri Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1352 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance lJ This Order is valid for three years, unless otherwise specified as a special 7 y' condition pursuant to General Conditions#4, from the date of issuance. t. Date r�issu nce Please indicate the number of members who will sign this form: Z _ 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 ed at the same time to the appropriate Department of Environmental Protection Regi I Office, if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day of Month Year Before me, the undersigned Notary Public, .5"r 0-4GLSsrz-- — 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. North Andover Conservation Commission As member of City/Town �� 1' ��. — ::NOTARYNA M.WEDGE Signature of Notary Public _ PUBLICCUL'hALTM OF IdASSA..F,..�ETTSt>'y .Expires Aug.T 2.009 Printed Name of Notary Public Place4 notary seal and/or any stamp above My Commission E pires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on a� by certified mail, return receipt requested, on _ q 1d 7 --- Date Date Not,;of s wpafonn6.doc• rev.3/1/05 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1352 jMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page a or s wpalormG.doc- rev.31V05 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1352 _ 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: 242-1352 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 wpaform`-.doc• rev.311!05