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Home My WebLink AboutMiscellaneous - 28 STONEWEDGE CIRCLE 4/30/2018. t. ctl M LMassachusetts Department of Environmental Protection WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Bureau of Resource Protection - Wetlands Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 0 Q-5 A. Project Information 1. This Certificate of Compliance is issued to: Euqene Sullivan Name 28 Stonewedge Circle Mailing Address North Andover CitylTown MA State DEP File Number: 0 A') -I A'V) F I UVIUUU UY UL -r - 01845 Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Eugene Sullivan Name June 27, 2008 Dated I The project site is located at 28 Stonewedoe Ciricle Street Address Mar) 106B Assessors Map/Plat Number 242-1432 DEP File Number North Andover City/Town Parcel 164 Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Eugene Sullivan Property Owner (if different) Essex North 11259 County Certificate Book 4. A site inspection was made in the presence of the applicant,. or the applicant's agent, on: 12/1/08 Date B. Certification 321 Page Check all that apply: Z Complete Certification: It is hereby certified that the work regulated by the above -referenced . Order of Conditions has been satisfactorily completed. W4'4 -h ? S6A10TVbeS- El Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc - rev. 7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1432 L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) El 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 The Order of Conditions has lapsed and is therefore no longer valid.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. Z 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: 67 C. Authorization Issued by: North Andover . Conservation Commission This Certificate must be signed by a applicant and appropriate DEP Regi Signatures: I NIY16? Date'of lAuance )rity of the Conservation Commission and a copy sent to the Office (See Attachment). t wpaform 8b.doc - rev, 7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Ll 1� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of On this Day ,3 ieet Essex North Of Month Year before me, the undersigned Notary Public, personally appeared r' 199(f Doilk)c)��1-7 Name of Document signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification DEP File Number: 242-1432 Provided by DEP to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover City/Town Place notary seal and/or any stamp above Conservation Commission ?� "P'r - �ignature of N—otary Public Printed Name of Notary Public 7 Mv Commis ion E;pires (Date) Sidniture of Notary Public wpaform 8b.doc - rev. 7/13/04 Page 3 of 4 DOM K WMGE NCYTARY PUBLIC C0-.!'-0NVVEALTH OF &IASS,`,C-.!-,FTTS North Andover City/Town Place notary seal and/or any stamp above Conservation Commission ?� "P'r - �ignature of N—otary Public Printed Name of Notary Public 7 Mv Commis ion E;pires (Date) Sidniture of Notary Public wpaform 8b.doc - rev. 7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1432 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance, is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 28 Stonewdge Circle 242-1432 Project Location DEP File Number Has been recorded at the Registry of Deeds of. - Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Uocument Number Signature of Applicant Page wpaform 8b.doc - rev. 7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bure au of Resource Protection - Wetlands DEP Regional Addresses Mass"achusetts Wetlands Protection Act M.G.L. c. 131, §40 1! Mail transmittal forms and DEP payments, payabie to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region �,clams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Suite 402 Alford Cummington Hatfield Monterey Richmond Ware Springfield, MA 01103 Amherst Ashfield Dalton Deerfield Hawley Heath Montgomery Rowe Warwick Phone: 413-784-1100 Becket Easthampton Hinsdale Monson Mount Washington Russell Sandisfield Washington Wendell Fax: 413-784-1149 Belchertown B,ernardston East Longmeadow Holland New Ashford Savoy Westfield Blandford Egremont Erving Holyoke Huntington New Marlborough Sheffield Westhampton Brimfield Florida Lanesborough New Salem North Adams Shelburne Shutesbury West Springfield West Stockbridge Buckland Charlemont Gill Goshen Lee Lenox Northampton Northfield Southampton Whately Cheshire Granby Leverett Orange South Hadley Southwick Wilbraham Williamsburg Chester Chesterfield Granville Great Barrington Leyden Longmeadow Otis Palmer Springfield Stockbridge Williamstown Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland Winthrop DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Worcester, MA 01608 Ashby Athol Douglas Hudson New Braintree Shrewsbury Webster Phone: 508-792-7650 Auburn Dudley Dunstable Holliston Lancaster Northborough Northbridge Southborough Southbridge Westborough Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Boylston West Brookfield TDD: 508-767-2788 Barre Bellingham Fitchburg Gardner Leominster Oakham Sterling Westford Bedin Grafton Littleton Lunenburg Oxford Paxton Stow Sturbridge Westminster Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Yarmouth BmInorough Hardwick Medwav Phillipston Townsend Weymouth Boylston Holden Mendon Princeton Tyngsborough Wilmington Brookfield Hopedale Milford Royalston Upton Winchester DEP Southeast Region Abington Dartmouth Freetown Mattapoisett - Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Lakeville, MA 02347 Attleboro Avon Dighton Gosnold Nantucket Rehoboth Wareham Phone: 508-946-2700 Barnstable Duxlbury Eastham Halifax Hanover New Bedford North Attleborough Rochester Rockland Wellfleet Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich West Bridgewater Westport TDD: 508-946-2795 Bourne Easton Harwich Norwell Scituate West Tisbury Brewster Bridgewater -Edgartown Fairhaven Kingston Oak Bluffs Seekonk Whitman Boston Essex Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Weymouth Ch atham Foxborough Marshfield Plymouth Swansea Wilmington Chilmark Franklin Mashpee Plympton Taunton Winchester DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Boston, MA 02108 Arlington Cohasset Hull Middleton Reading Waltham Phone: 617-654-6500 Ashland Bedford Concord Danvers Ipswich Lawrence Millis Milton Revere Watertown Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rockport Rowley Wayland Wellesley TDD: 617-574-6868 Beverly Dover Lincoln Natick Salem Wenham Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfied Newburyport Sherborn Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester -By -The -Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc - DEP Addresses - rev. 11/18/08 Page 1 of 1 f W i LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WP'A Form 5 -.Order of Conditions � Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1 MassDEP File Number: 242-1432 A. G6neral Information Important: North Andover When filling 1. From.- Conservation Commission out forms on . . the computer, ! 2. This issuance is for (check one): a. Z Order of Conditions b. El Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor - do not Eugene Sullivan use the return a. First Name b. Last.Name key. c. Organization 28 Stonewedge Circle d. Mailing Address North Andover MA 01845 e. C . ity/Town f. State g, Zip Code 4. Property Owner (if different from applicant): Same a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: 28 Stonewedge Circle North Andover a. Street Address b. City/Town MAP 106B Parcel 164 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: -42D-39'-00"N 71 D-03'-1 YW I 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 Number (if registered land) 8331 238 c. Book d. Page 7. Dates:� 5/29/08 6/11/08 6/27/08 -Hearing a. Date Notice of Intent Filed b. Date Public Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): 'Site Plan a. Plan Title Eugene T. Sullivan Consulting Engineers, Inc. Eugene T. Sullivan, Jr., P. E. b. Prepared By c. Signed and Stamped by June 24, 2008 ill = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date wp aform5.doc - rev. 2127/08 Page 1 of 10 1� T Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands VVPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MassDEP File Number: 242-1432 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Foll'� owing 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. Z Public Water Supply b. E] Land Containing Shellfish c. Z Prevention of . Pollution d. z 'Private Water Supply e. [] Fisheries f. Z Prote ction of Wildlife Habitat 9. Z Groundwater Supply h. Z Storm Damage Prevention i. Z Flood Control 2. This iCom mission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. Z the following conditions which are necessary in accordance with the performance standards set forthlin 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 othe� 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. El 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. c. El 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) 3. F-1 Buffer Zone Impacts: Shortest distance between I . imit of project disturbance and wetland boundary (if available) a. linear feet ResourceArea Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. F� Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. 0 Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. El Land Under Waterbodies a. square feet b. square feet c. square feet d. square feet and Waterways ,I e. cly.dredged f. c/y dredged wpaform5.doc - rev. 2/27/08 Page 2 of 10 V L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MassDEP File Number: 242-1432 B. Findings (cont.) [1 Barrier Beaches 13. Resource A rea Proposed Permitted Proposed CoastalDunes Alteration Alteration Replacement 7. Bordering Land Rocky Intertidal Shores 17. Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet 8. Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 9. El Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. squar�-feet d. square feet e. square feet Sq ft between 100-200 ft g. square feet h. square feet i. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) lo. El Designated Port Areas Indicate s ize under Land Under the Ocean, below El Land Under the Ocean 12. [1 Barrier Beaches 13. F� Coastal Beaches 14. b. square feet c. square feet d. square feet CoastalDunes 15. Coastal Banks 16. Rocky Intertidal Shores 17. Salt Marshes 18. El Land Under Salt Ponds 19. r-1 Land Containing Shellfish 20. F� Fish Runs 21. [:1 Land Subject to Coastal Storm Flowage Permitted Replacement d. square feet h. cubic feet f. cubic feet f. square feet c. cty dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. square teet b. square feet e. cly nourishrrit. a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt. a. square feet b. linear feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. c/y dredged d. c/y dredged a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. c/y dredged a. square feet b. c/y dredged b. square feet wpaform5.doc - rev. 2127/08 Page 3 of 10 L711Massachusetts Department of Environmental Protection MassDEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1432 Massac"husefts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only app licable 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 th; an 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. T ' his 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. i 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 do h1e. 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, I "Massachusetts Department of Environmental Protection" [or, "MassDEP"] li "File Numbel 242-1432 wpaform5.doc - rev. 2/27/08 Page 4 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MassDEP File Number: 242-1432 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 MassDEP. 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 Borde ' ring 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 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 barrierss.hall serve as the limit of work unless another limit of work line has been approved by this Order. The work associated with this Order is (1) Z is not (2)EI subject to the Massachusetts Stormwater Policy Standards. If the work is subject to the Stormwater Policy, the following conditions apply to this work and are incorporated into this Order: a) No work, including site preparation, land disturbance, construction and redevelopment, shall commence unless and until the construction period pollution prevention and erosion and sedimentation control plan required by Stormwater Standard 8 is approved in writing by the issuing authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan, and if applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System Construction General Permit. wpaform5.doc - rev. 2/27/08 Page 5 of 10 Massachusetts Department of Environmental Protection MassDEP File Number: Bureau of Resource Protection - Wetlands S 242-1432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 WPA Form 5 - Order of Condition C. Gen, eral Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post -construction stormwater BMPs until written approval is received from the issuing authority. To request written approval, the following must be submitted: illicit discharge compliance statement required by Stormwater Standard 10 and as -built plans signed and stamped by a registered professional engineer certifying the site is fully stabilized; all construction period stormwater BMPs and any illicit discharges to the stormwater management system have been removed; and all post -construction stormwater BMPs were installed in accordance w6 the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure they are not damaged and will function properly. c) Prior to requesting a Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall submit to the issuing authority an Operation and Maintenance (0 & M) Compliance Statement for the Stormwater BMPs. This Statement shall identify the responsible party for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible parties shall be notified in writing of their continuing legal responsibility to operate and maintain the storlmwater management BMPs and implement the Pollution Prevention Plan; and 2. The Operation and Maintenance Plan for the stormwater BMPs is complete and will be implemented upon receipt of the Certificate." 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 Discharge Elimination System Multi -Sector General Permit. e) 'Unless and until another party accepts responsibility, the issuing authority shall presume that the responsible party for maintaining each BMP is the landowner of the property on which the BMP is located. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement 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 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(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 desi� n plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and 9 the Massachusetts Stormwater Handbook. g) The responsible party shall: 1 Maintain an operation and maintenance log for the last three years including inspections, repairs, replacement and disposal (for disposal the log shall indicate the type of material and the disposal location); Make this log available to MassDEP and the Conservation Commission upon request; and 3. Allow members and agents of the MassDEP and the Conservation Commission to enter and inspect the premises to evaluate and ensure that the responsible party complies with the Operation and Maintenance requirements for each BMP set forth in the Operations and Maintenance Plan approved by the issuing authority. h) All sediments or other contaminants removed from stormwater BMPs shall be disposed of in acco ' rdance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CIVIR 10.04 are prohibited. wpaform5.doc - rev. 2/27/08 Page 6 of 10 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 242-1432 ::Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) j) The stormwater management system approved in the Final Order of Conditions shall not be changed without the prior written approval of the issuing authority. Areas designated as qualifying pervious areas for purpose of the Low Impact Site Design Credit shall not be altered without the prior written approval of the issuing authority. k) Access for maintenance of stormwater BIVIPs shall not be obstructed or blocked. Any fencing constructed around stormwater BIVIPs shall include access gates. Fence(s) shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more, space for additional conditions, please attach a text document): D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? Z Yes [:1 N o 2. The North Andover hereby finds (check one that applies): Conservation Commission a. that the proposed work 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 of Conditions is issued. b. 0 that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection 1. Municipal Ordinance or Bylaw Chapter 178 2. Citation 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 I to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached wpaform5.doc - rev. 2/27/08 Page 7 of 10 DEP FILE # 242 — 1432 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 modt or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. AL 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 ent er 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 req . uire 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. C:\Winword\OOC\28StonewedgeCr.doc 1 NACC 6/27/2008 DEP FILE # 242 - 1432 25. This Order of Conditions is issued under File No. 242-1432. 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 horizontal expansion of an existing deck on hand dug sonotube footings with associated stair relocation within the Buffer Zone to a Bordering Vegetated Wetland (BVW) but outside the 25 foot No -Disturbance Zone and 50 foot No - Build Zone. All construction is proposed over maintained lawn area and is approximately four (4) feet closer to delineated resource areas than existing conditions. 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: Eugene Sullivan (Applicant) 28 Stonewedge Circle North Andover, MA 01845 Dated May 29,2008 Site Plans prepared -by: Eugene T. Sullivan, Inc. Consulting Engineers 31 Sheridan Road Wilmington, MA 01887 Entitled "Proposed Deck Expansion", dated May 29,2008' and Revised June 24, 2008 Stamped & Signed by Eugene T. Sullivan, Jr., PE Other Record Documents: Email from Rich Kirby of LEC Environmental Consultants, Inc. Dated June 23,2009 RE: Wetland Delineation Review 28 and 32 Stonewedge Circle 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. C:\Winword\OOC\28StonewedgeCr.doe NACC 6/27/2008 DEP FILE # 242 — 1432 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as revised by LEC Environmental Consultants, Inc. and shown on the Plan of Record dated June 23, 2008. 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 the twenty-five foot (25') No -Disturbance Zone and the fifty -foot (50') No -Construction Zone shall be maintained from the edge of the adjacent wetland resource areas as previously. established on the lot and shown on the referenced plan. 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 fi-d-s 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 T 0 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 C:\Winword\00(!\28StonewedgeCr.doc 3 NACC 6/27/2008 DEP FILE # 242.' 1432 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 th e 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 a licant pp before work commences may be recorded by the NACC at the applicant's expense. 38. A sign shall b�, displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP File #242-1432." 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting fro m! this Order of Conditions must be submitted to the NACC for approval prior to impl 6mentation. 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 N ' ACC for review and approval prior to the start of construction. No work shall begin on a project until w� ritten approval has been granted by the NACC. 40. It is the respo I nsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed seq, ence of construction, including the construction of compensation and retention areas installation of sedimentation/ erosion control devices and re -vegetation to be ,11 completed bef : ore other work begins on-site. ' i 42. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored.'� The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and ";shall be maintained until all construction is complete. Workers should be informed thatn'o 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. 43. A row of staked hay bales backed by trenched siltation fence shall be placed between all i construction areas and wetlands. The erosion control barrier will be properly installed and C:\Winword\OOC\28Ston"pwedgeCr.doc 4 NACC 6/27/2008 DEP FILE # 242 — 1432 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. 44. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 5 hay bales and sufficient stakes for staking these bales, or an equivalent amount of silt fence. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45. A check payable to the Town of North Andover shall be provided in the amount of $500, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACCbefore commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 46. 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 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 before or after to the closing of said land transaction. 47. 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, t . he 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 fl -ds C:\Winword\OOC\28Stonew6dgeCr.doc 5 NACC 6/27/2008 DEP FILE # 242 — 1432 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-si construction ite 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). ILDURING CONSTRUCTION 48. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 49. Upon beg minig 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 overthe next period. This will update the construction sequence. 50. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. 51. Any dewatering activities anticipated shall be supervised and witnessed by a designated Environmental Monitor (EM). This designee must be on-site while work specific to de- watering activities are occurring and until complete. Activities shall be monitored daily by the, ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or� the North Andover Wetlands Bylaw. 52. 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. 53. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 54. 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. 55. 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 will be graded, loamed and seeded prior to November ls' 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. C:\Winword\OOC\28StonewedgeCr.doc NACC 6/27/2008 DEP FILE # 242 — 1432 56. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. Stockpile areas shall be located outside the 100 -foot buffer zone or in a location approvedby the NACC. 57. No construction vehicles. or machinery shall be used for the work. All excavation shall be completed manually (by hand) only. 58. Five (5) sonotube footings are proposed to be installed for the construction of the expanded deck. Approved activities shall not require any additional footings (more than 5) upon completion. 59. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 60. 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. 61. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. I AFTER I ONSTRUCTION 62. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 63. Fertilizers utilized for landscaping and lawn care shall be slow. release, low -nitrogen types (< 5 %), and shall not be used within 75 feet of a resource area. Pesticides and herbicides shall NOT be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 64. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done 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. C:\Winword\OOC\28StonewedgeCr.doc NACC 6/27/2008 DEP FILE # 242 - 1432 65. Upon approval by Conservation Staff and site stabilization, the erosion controls shall be removed and properly disposed of. All exposed areas underneath the erosion control shall be seeded for permanent stabilization. 66. Upon completion of the project the applicant shall submit the following to, the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. . f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and/or Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and / or Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: "'As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes aany disturbance of soils or vegetation. C:\Winword\OOC\28StonewedgeCr. doe 8 - NACC 6/27/2008 DEP FILE # 242 — 1432 );, Location of all subsurface utilities entering the property. 6.7. Thefollowing special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); > Discharge or spillage of pollutants (Condition #63); > Prohibition of underground fuels (Condition #64); > Limitations on the use of fertilizers, herbicides and pesticides (Conditions #65). C:\Winword\OOC\28StonewedgeCr.doc NACC 6/27/2008 DEP FILE # 242 — 1432. APPENDIX A -AFFIDAVIT on oath do hereby depose and state: (authorized agent of applicant and or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) 1 1 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). 2) 1 am the and / or of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File #) I placed upon by the NAC%'--. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. I hereby affirm and acknowledge that on this day of 20---, 1 inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:\Winword\OOC\28StonewedgeCr.doe 10 . NACC 6/27/2008 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order, of Conditions 24J2- IV3-91- 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 A? 71d P conditio ' h pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form: cs"* 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 Regi�O-Office, if not filing electronically, and the property owner, if different from applicant. 'Ile Signatures: 1�ao:ta�ry �Acknowlle - dgement Commonwealth of Massachusetts County of On this Day of Before me, the undersigned Notary Public, personally appeared Essex North 75�ve- �,? 0c, P Month Year 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 i Cityrrown Place notary seal and/or any stamp above This Order is issued to the applicant as follows: 0 by hand delivery on Date 1&,W,- . �V, 11 STgnature of Notary Public Printed Name of Notary Public I My CommissiodExpires (Date) E�-'by certified mail, return receipt requested, on 6 / '? Date i . wpaform5.doc - rev. 3/1105 Page 7 of 9 DOWILMGE NOTARY PUBUC JSETTS CWMONWEALTH OF MASSACHUSETTS 009 [,,I,y Comm. Expires Aug. 7, 20091. Place notary seal and/or any stamp above This Order is issued to the applicant as follows: 0 by hand delivery on Date 1&,W,- . �V, 11 STgnature of Notary Public Printed Name of Notary Public I My CommissiodExpires (Date) E�-'by certified mail, return receipt requested, on 6 / '? Date i . wpaform5.doc - rev. 3/1105 Page 7 of 9 LlMassa chusetts Department of Environmental Protection MassDEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1432 Massa.chusefts Wetlands Protection Act M.G.L. c.. 131, §40 F. AOpeals 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 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 re I est shall state clearly and concisely the objections to the Order which is being appealed and how 'u .the Ord 6'r does not contribute to the protection of the interests identified in the Massachusetts Wetlands I Protecti6n 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 .9 municipal ordinance or bylaw, and not on the Massachusetts Wetland's Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc - rev. 2/27/08 Page 9 of 10 01 LlMassachusetts Department of Environmental Protection Bureau of ResourceProtection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G. L c. 131, §40 MassDEP File Number: 242-1432 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 ownerof 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: 28 Stonewedge Circle 242-1432 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner Book 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 wpaform5.doc - rev. 2/27/08 Page 10 of 10