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HomeMy WebLinkAboutMiscellaneous - 20 ANVIL CIRCLE 4/30/2018 (2) I �� /�/I f V r 1 C!d<'C l y 1 a a Massachusetts Department of Environmental Protection LL71], Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B Certificate of Compliance 242-1587 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Nilesh Amin only the tab key Name to move your 20 Anvil Circle cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code 111104 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Nilesh Amin Name April 12, 2013 242-1587 Dated DEP File Number 3. The project site is located at: 20 Anvil Circle North Andover Street Address City/Town 'Map 108C 169 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: 'Nilesh Amin Property Owner(if different) Essex Northern 13464 246 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/4/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 ! 4 Massachusetts Departrnent of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' PA Form 8B — Certificate sof Compliance 242-1587 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -provided by DEP B. Certificabon Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 70 C. Authorization Issued by: North Andover Conservation Commission Dat4 of Is uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See http://www.mass.gov/eea/agencies/massde p/about/contacts/fi nd-the-massdep- regional-office-for-your-city-or-town.htmD. Si es, wpafrm8b.doc•rev.5/29/14 WPA Form 88,Certificate of Compliance•Page 2 of 3 w � l Massachusetts Department of Environmental .Protection Bureau of Resource Protection -Wetlands DEP File Number: P m � A Forlrn, 8B — Certificate of Comdance 242-1587 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confifull.ation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. ------------------------------ North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 20 Anvil Circle 242-1587 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essen Northern County for: Nilesh Amin Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 wPA Form 8B,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 r f WPA Form 5-Order of Conditions eDEP Transaction 4:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Ibwn:NORTH ANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. F OOC b.r Amended OOC 3.Applicant Details a.First Name NILESH b.Last Name AMIN c.Organization d.Mailing Address 20 ANVIL CIRCLE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.First Name NILESH b.Last Name AMIN c.Organization d.Mailing Address 20 ANVIL CIRCLE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 20 ANVIL CIRCLE b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 108C e.Parcel/Lot# 169 f.Latitude 42.63292N g.Longitude 71.07395W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 12595 341 7.Dates a.Date NOI Filed:3/14/2013 b.Date Public Hearing Closed: 3/27/2013 c.Date Of Issuance:4/12/2013 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: EXISTING CONDITIONS NORSE DESIGN PLAN,20 ANVIL SERVICES,INC. EDWARD O.HELMES,JR. December,5,2012 1"=20' CIRCLE,NO. ANDOVER,MA Page 1 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection 'Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 eDEP Transaction#:554012 WPA Form 5 -Order of Conditions ` City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 RESTORATION BASBANES PLAN,20 ANVIL WETLAND N/A January 16,2013 N/A CIRCLE CONSULTING B. Findings l.Findings pursuant to the Massachusetts Wetlands Protection Act I 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. fv Public Water Supply b. r Land Containing Shellfish c.r Prevention of Pollution d. r Private Water Supply e. F Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. r— 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.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 3 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 a.square feet b.square feet c.square feet d.square feet Page 2 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5- Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet 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 a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r—Designated Port Areas Indicate size under Land Under the Ocean,below 11.r—Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r—Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.f Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r—Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r—Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds Page 3 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 '1•,� WPA Form 5 -Order of Conditions eDEP Transaction#:554012City/Town:NORTH ANDOVER (� Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 a.square feet b.square feet c.c/y dredged d.c/y dredged 19.r-Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.F 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. r- Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BV W 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. 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 Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection - Provided by MassDEP: MassDEP File#:242-1587 Bureau of Resource Protection-Wetlands eDEP Transaction#:554012 WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER Ll Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affectedproperty.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:"242-1587" 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 maybe discharged to the post-construction stormwater BMPs unless and until a Registered Page 5 of 10*ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided byMassDEP FiVle#:242-# : :242-1587 Bureau of Resource Protection-Wetlands eDEP Transaction#:554012 WPA Form 5-Order of Conditions City/Town-NORTH ANDOVER i Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 have been ved or l be Professional Engineer provides a Certification For i c all concst°n period BMPction period s intended to be converted t plot construction a date certain specified in the Certification. Y on is allowed b attenuation,)and that the BMP has been properly cleaned or prepared for poste construction open the conversi operation for stormwatertion, Handbook BMP specifications ;ji..as-built final including removal of all construction period sediment trapped in inlet and outlet control structure site is fully stabilized; BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv. all post-Cons�utior'lst�and have been areinsdinstalled to ensure that they are notdamgedlans uand that thding all ey are in plans)approved by the issuing tY proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstan erosion. has legally assumed c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party g Y responsibility for BMP maintenance.Prior to requesting a11 execute and submit to the issuing uthon'tyor Partial aan Operatiote of n and the te of Compliance, responsible party(defined in General Condition 1 eme identifying p responsible for Maintenance Compliance Statement("O&M Statement") the Stn C,O&er BMP)and certifying m the arty p implementing the stormwater BMP Oion oand Maintenanc receipt of the Certlifica1tOe of C epliance an )the future r sponsib e parties Plan is complete and will be implementedp shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwatr Pollution Prevention Plan. cordance d) Post-construction pollution prevention approved and source control shall and,b iff applicable,tein ac Stormwater Po lute ooP even ionlPlann prevention plan section of the 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 each BMP.To overcome this presumption,the landowner of the property must submit to the responsibility for maintaining as issuing authority a legally binding agreement of record acceptable to the issuing authority, shall be treated asoa permittee for accepted responsibility for maintaining the BMP,and that the proposed 19(k)wresponsith respect party purposes of implementing the requirements the Condition ondi io requirements of Conditions ns 19 fl through 9t(k)with respectto that BMP hall proposed responsible party toimplement that are serving more than a violation e the Order of nConditions eement shall also identify he lots thae of Compliance.t will be serviced by thestormwaterMBMPs.A plan and than one lot,the legally g � to erform the required operation and maintenance must be submitted easement deed that grants the responsible party access P along with the legally binding agreement fl maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, The responsible party shall operate and and the requirements of the Massachusetts Storrnwater Handbook. g) The responsible party shall: 1.Maintain an replacement of the stormwace log for ter managemthree ent3system or consecutive ny part thereof,and disposal(for disposal the maintenance ry ion log shall indicate the type of material and the disposal location); 2.Make the maintenance log availabl��Mass EP an sDEP and the C °nse at iss on to enter oand�in inspect the ssion s eltolevaluate and ensure and 3.Allow members and agents of that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved y 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. urpose of the Low Impact Site Design Credit(as defined in the k) Areas designated as qualifying pervious areas for the p Page 6 of 10*ELECTRONIC COPY I i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5 -Order of Conditions eDEP Transaction#:554012 i Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. i) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stormwater BMWs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED Page 7 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5-Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER A 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 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 p y PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED Page 8 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP:MassDEPFile#:242-1587 Bureau of Resource Protection-Wetlands eDEP Transaction#:554012 Cityffown:NORTH ANDOVER .� WPA Form 5 -Order of Conditions {t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E. Signatures ance,unless otherwise specified This Order is valid for three years from the date of issued Order of Conditions,the Amended 1.Date of Original Order pursuant to General Condition#4.If this is an Amend Order expires on the same date as the original Order of Conditions. i 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. also must be mailed The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy or hand delivered at the same time to the Department nentof Environmental Protection Regional Office,if not filing electronically,and the property owner, f different te Signatures: 7 r by hand delive I"by cert-1 t turn receipt requested,on ry on la 3 Date Date F. Appeals PPeals en e land subject to this Order,or any t The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the J residents of the city or ta Supersedingh ch such Order of Conditions.is located,s.The request e hereby must be med of eade by ir t certified mail orto request the phand delipropriatevery too he Regional Office to issueuestprovided in Department 10.03(7)thwihin ten business days from the date ofee and a completed fisgsuanceoof this Order.A copy of the request shall at e same time be 310 CMR sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she isnot the appellant. eal will be required to demonstrate Any appellants seeking to appeal the Departments ous participationg O he permit proceeding mrder associated with seans the submission of written information prior participation in the review si i Jrequesting a Superseding Order,or providing written information the Conservation Commission prior to the close of the public hearing, eq g p to the Department prior to issuance of a Superseding Order. rder which is being appealed how Order does not The request shall state tec leaion loy and concisely the f the interests ident fbed in thejections tMassao the Ochusetts Wetlands Prottec onn Aca(M.G.Lec..131,§40),and is contribute tot p To the extent that the inconsistent with the wetlands regulations glands Protection oMAct 10.00). 00 gulations,the DepartmeOnt has no appellate jurisdiction.rdmance or bylaw, and not on the Massachusetts Page 9 of 10* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1587 Bureau of Resource Protection-Wetlands eDEP Transaction#:554012 NAPA Form 5-Order of Conditions City/Town:NORTH ANDOVER r Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 1 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 he,have stamped by the Registry of Deeds and submit to the Conseryation Commission. ................................................................................ To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1587 20 ANVIL CIRCLE MassDEP File Number Project Location Has been recorded at the Registry of Deeds of: Book Page County for. Property Owner NILESHAMIN 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 Rev.4/1/2010 Signature of Applicant Page 10 of 10*ELECTRONIC COPY DEP FILE#242-1587 Therefore,the North Andover Conservation Commission(her ft with the Performanceer the ,ehereby finds that the following conditions are necessary,in accordance 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. UEGENEER�ALCONDITIONS 20. The proposed work includes: after the fact approval of clearing,filling and grading within the 100 foot buffer zone to Bordering Vegetated Wetland (BVW). Restoration of the 25-foot No-Disturbance Zone with native plants and relocation of the existing chain link fence more than 25' from the edge of BVW was required under a previously confirmed Enforcement Order. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Nilesh Amin 20 Anvil Circle North Andover,MA 01845 Filed: March 18,2013 NOI Prepared By: Basbanes Wetland Consultant 39 Hardy Street Dunstable,MA 01827 Site Plans prepared by: Norse Design Services,Inc. Titled: Existing Conditions Plan Date: December 5,2012 Stamped &Signed by: Edward O. Helmes,Jr. P.L.S. Basbanes Wetland Consulting Titled: Restoration Plan,20 Anvil Circle Date:January 16,2013 Other Record Documents: Enforcement Order issued 1/24/2013 Waiver Request dated 3/11/2013 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any in the Notice of successor in interest or successor in control of the property refer encedIntent, supporting documents and this Order of Conditions. The NACC shall be 1 NACC 4/12/2013 242-1587,20 Anvil Circle OOC DEP FILE#242-1587 notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to,and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and Regulations, and may require any information,measurements,photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted-on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 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. 242-1587,20 Anvil Circle OOC 2 NACC 4/12/2013 DEP FILE#242-1587 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32.The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW)• This significant he applicant has interests of the Act and Town ByLaw as noted above and therein. not attempted to overcome the presumption of significance of this resource area to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein(Flag 3A and Buffer Zone to wetland flags 2A,4A&5A). Wetland Resource Areas exist off property that extend buffer zone onto the subject property.These buffer zones are not shown on the herein referenced plans. Any future proposal for work on the property will require delineation of all resource areas and associated buffer zones. 34.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration areas twentve foot ot theweand a resource as. In order to prevent any alteration of wetland resource Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource as shown on the herein referenced plan. The Conservation Administrator and/or other agents under thelocal bylaw. No the authority to waive these setbacks as established disturbance of existing grade, soils or vegeta e is �tted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local gu 35. Per the restoration plan and narrative dated January,16,2012,the applicant proposes to plant 5 Highbush Blueberry (Vaccinium corymbosum),5 Hazelnut(Corylus americana), 6 Sugar Maple (Acer saccharum) and 6 White Oak (Quercus alba)within the 25' No- disturb zone. Plant substitutions may be made with the approval of the Conservation Department. Plantings will be monitored for 2 years by a qualified environmented toal professional with monitoring reports,including photographs,to be submit the NACC each spring and fall of that time period. Plants that die or are not thriving during the monitoring period shall be replaced. The her in referenced k fence shall be relocated more than 25' from the edge of the BVW as shown on the restoration plan. 36. This document shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and that all contracsupersede torsnsubcontractors, contract requirements. The applicant shall assure and otherersonnel performing the permitting work are fully aware of the permits p held jointly terms and conditions. Thereafter,the contractor will be he y liable for any violation of this Order resulting from failure to comply with its conditions. 242-1587.20 Anvil Circle OOC 3 NACC 4/12/2013 DEP FILE 4 242-1587 37. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR 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 site not less than two square feet or more than three - square feet in size bearing the words"Massachusetts DEP;File Number 242-1587." 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 contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 242-1587,20 Anvil Circle OOC 4 NACC 4/12/2013 DEP FILE#242-1587 43.Prior to an work commencing on-site,the applicant shall submit to the NACC,for n of approval, a detailed sequence of construction,including the installatiorelocation and sedimentationerosion controletail of the pervious seating area shall also be submitted. final stabilization on on-site. A 44.Wetland flagging shall be checked prior to start of coonso visible and enumerated n and shall be re- established where missing. All wetland flagging shallremain a ife of the project anduntil C Certificate per theapproved plan(s) throughout the lerl laced and Compliance is issued so that erosion control measures b k shallbe shall be wetland impacts can be monitored. Th proposed limit of be confirmed cleayas rl marked with erosion controls or temporary fencing and necessary and hall be by the NACC. Such barriers shall be checked ete. Worker should be informed that no use maintained until all construction i comp of machinery,storage of machinery or materials, stockpiling of soil,or construction activity is to occur beyond this line at any time. barrier as approved by th ion Department45. A silt sock or erosion control ra sen o esourcte arenas. The erosion shall be placed between the work area and down-g proved control barrier will be properly installed and shall be inspected shall and app act until all t of nstruction and disturbed areas have been permanently e NACC or its agent prior to the starc stabilized to prevent erosion. All erosion urin prevention and sedimentation protection measures found necessary s age n. The construction shall be implemented at the directs of the NACC or it NACC,reserves the right to impose additional conditions on o portionsof his project to mitigate any impacts which could result from site erosion, Y example,e. For eable de adation of surface water quality discharging fru the ed n areas not s ownon the installation of erosion control measures may be req s referenced in this Order of Conditions. Should such itssionos request fired by plan( ) the NACC,they shall be installed within 48 hours of the Comma val or applicant shall have on hand at the start of any soak(or an disturbance,uivalento 46.TheapP !It amount of stockpiling, a minimum of 20 Said sock/balesshall be used only for the control of hay bales 1 bale — 3 feet of so ) emer ency erosion problems and shall not be used for the normal control of erosion. g heck payable to the Town of North Andover shall be prots satisf actory to Town vided Town Treasurein the amount d 47. A c p Y and t which shall be in l be posted with the North Andover Town Treasurer through and the NACC,and shall pbe the NACC before commencement of work. Said deposit be s gnedlby a party or conditioned on the completion of all conditions hereof, parties satisfactory to the NACC, and Town Counsel, dshall be the NACCt have er p provided that provisions,satisfactory completion of the project, e of any conditions which are d tocompletioncontinuing nature. The been made for performancof specific applicant may propose a monetary release schedule keyed NACC 4/12/2013 5 DEP FILE#242-1587 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 planting of the restoration area and relocation of the fence. At least once during each week in which construction activities occurs on-site the applicant shall submit a written report including photos from the "Erosion Control Monitor' to the NACC certifying that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The Erosion Control Monitor 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. 49. The chain link fence will serve as permanent monumentation of the 25-foot No- Disturbance Zone. The fence shall be marked with permanent signage space evenly every 25 feet incorporating the following text. Protected Wetland Resource Area" and the associated rules(3 round for every 1 square). This will designate the resource area sensitivity and assure no further inadvertent encroachment into the wetland/limit of clearing. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department($2 round/$3 square). 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the environmental monitor,and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors and other personnel performing the 242-1587,20 Anvil Circle OOC 6 NACC aiiwmi i DEP FILE ff 242-1587 ' are full aware of the permit's terms and conditions.of Conditions the permitted workY of this contractor will be held jointly liable for aconditionsviolationThe applicant or contractor shall resulting from failure to comply with its CC in writing NA notify the of the identity of the on-site constructionOder.supervisor reasonable e ncwith to coordinate construction and to ensurla -co truction meeting(e.g. 72 period of time shall be provided as notice of hepre hours). STORMWATER MANAGEMENT CONDITIONS mfing 52.Waterq Y ualit in down gradient BVW's shall not differ si itilonsn ere ly follow* be no completion of the project from the pre-development sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION ess . Upon be 'ening been done in or n work,the applicant shall submit written resource�aease ports every 53and what work is p month detailing what.work has to be done over the next period.This will update the construction anticipated sequence. ation of the fence,the existing fence posts will be cut flush or lower 54. During the reloc than the ground and covered and seeded over. t. De-watering activities are not anticipated as part of the proposed to sed projec of the 55. De g . discharge of water n allowed directly ortan ndover Wetland Bylaw. if emergency de- Wetlands Protection Act and/ requirements arise,the applicant shall submit a contingency plan to the watering q Commission for approval,which provides for the pumped a water t b ea�ntaine in a e c settling basin,to reduce turbidity prior to discharge in ed in connection with this project shall be clean fill,containing no trash, re,, 56. Any fill used plaster, refuse,rubbish or debris,including hues refrigerators,l motor vehicles or parts on any lath,paper, cardboard,pipe,tires, ash , of the foregoing. diatel elandscaped and stabilized, 57. All exposed soil finish grade surfaces shall o l be f mulch hay. All disturbed areas must or loamed, seeded and mulched,with a layer ed of the be grad ,loamed and seeded prior to November 1St of eaecs year.outsidea layer of surfaces shall mulch hay or other stabilization method, growing season,exposed soil finishgrade asdirected by the Conservation Department) until climate conditions allow for seeding. During construction, any area of exposed NACC 4/12/2013 ,_nor 7 DEP FILE #242-1587 soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means as directed by the NACC. 58. 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. 59. There shall be no stockpiling of soil or other materials within 100-feet of any resource area. 60. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. If truck washing is necessary an area shall be designated and approved by the Conservation Department. 61. All waste generated by, or associated with,the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 62. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 63. 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 64. 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. 65. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen, low phosphorous 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 242-1587,20 Anvil Circle OOC 8 NACC 4/12/9.013 f DEP FILE#242-1587 ' condition is issued under the authority of the Towri s Wetland property. This c perpetuity* Protection ByLa�'and shall remain in Per p or other debris into a 66.There shall be no dumping of leaves, grass clippings,brush, or beyond the limits of clearing. This condition shall remain in wetland resource area y perpetuity. outside 67. Upon completion of co nstruction and grading,all disturbed areas hall done by resource areas shall be stabilized pe RCS sne talndards.Stabilization will be considered loaming and seeding aaof e has been achieved. controls complete once fullvegetative stabilization by Conservation staff,the erosio r shall as shall be 68.Upon approved site eeded. d and roperly disposed of and all exposed unvegetated a removeP of the roject the applicant shall submit t a{e lowing to the f Compl ance: 69.Upon completion ,p Conservation Commission as part of a request for a Certs sc a. W PA Form 8A-"Request for a Certificate a erti Compliance." ca epof Compliance. b, A letter from the applicoaf thecurrentglananowner. e submitted with c. The name and addresswners shall ed statements from the individual property 0 that they read and d. Sign the request for a Certificate of Compliance indicating to whom the understood the recorded Order of Conditions prior to purchasing their property ' e. The name and address of the individual/trust or corporation compliance is to be granted. parcel number for the project. f. The street address and assessor's map/ and/or g. The DEP file number. al Civil Engineer h. A written statement from a Registered Profession of theiCommonwealth certifying that the Registered Professional Land Surveyorsand documents referenced as been conducted as shown on the plan(s)k h 'on. work above, and as conditioned by the Commisss a , special conditions shall survive the issuance of a Certificate o 70.The followsn g Compliance (COC) for this project: ne shall ➢ 25 No-Disturbance Zone and a 50' No-Constru-construction Z°areas on lot except in established from the edge of adjacent wetlandr the NACC those locations approved under DEP # 242-1572. Future worldwithin 100' of existing wetland resource areas will require forma ncerate filing - standards within these (See Section 3.4 of the Regulations for r or other agents of the NACC zones).The Conservation Administratorwaive thee setbacks as established under the do not have the authority to local Bylaw; ➢ urce Area Markers (Condition#49) Permanent Barrier &Reso NACC 4/12/2013 9 DEP FILE #242-1587 ➢ Discharge or spillage of pollutants (Condition#63); ➢ Prohibition of underground fuels (Condition#64); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #65); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #66); i I 242-1587,20 Anvil circle OOc 10 NACC.41191,)n 1 z DEP FILE#242-1587 APPENDIX A-AFFIDAVIT I, 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 orNACC 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)