HomeMy WebLinkAboutMiscellaneous - 350 HOLT ROAD 4/30/2018 (7)I�
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 88 — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
_Q
A. Project Information
1. This Certificate of Compliance is issued to:
6
Crusader Paper Company, Inc.
Name
350 Holt Road
Mailing Address
North Andover
DEP File Number:
749-1 IQ7
rrovlaea oy utr
MA niUS
City/Town State Zip Code
This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Crusader Paper Company, Inc.
Name
October 15, 2007 242-1397
Dated DEP File Number
3. The project site is located at:
350 Holt Road
North Andover
Street Address
City/Town
Map 78
Parcel 1
Assessors Map/Plat Number
Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Holt Road Realty, LLC
Property Owner (if different)
Essex Northern
10952 153
County
Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10/30/14
Date
wpafrm8b.doc • rev. 5/29/14
WPA Form 86, Certificate of Compliance • Page 1 of 3
Massachusetts Department of (Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Ford 8B — 'Certificate of Compliance 242-1397
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
JA 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Conditions has lapsed and is therefore no longer valid.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.
JA 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
82
C. Authorization
Issued by:
North Andover
wpafrm8b.doc • rev. 5/29/1,
Conservation Commission
Dat oflss ance
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
httipJ/www.mass.gov/eea/agencie knassdeplabouticont Kts/fin"e-massdep-
regional-office-fb our-cify-0r-town.htmi).
wPA Form 8B, Certificate of Compliance • Page 2 of 3
d- 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
PA Form 8B Certificate of Compliance 242-1397
Massachusetts Wetlands Protection Act-M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirm, 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.
t&- --------------------------------------------------------------------------------------------------
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
350 Holt Road 242-1397
Project Location DEP File'Number
r
Has been recorded at the Registry of Deeds of:
for:
Essen Northern
County
Crusader Paper Company, Inc.
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
wpafrm8b.doc • rev. 5/29/14
Signature of Applicant
WPA Form 88, Certificate of Compliance • Page 3 of 3
310 CMR 10.99
Form 8
Commonwealth
of Massachusetts
Crusader Paper -Inc.
Clark Street
DEP File No. 242-412
rfo be orovioed by DEP)
Cdyiown "North Andover
Apoucant Crusader Paper Inc.
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c.131, §40
From North Andover Conservation Commission Issuing Authority
To Crusader Paper- Tnc- 95 Tndiistrinl Wy,. Wilmingtnn, MA 01887
(Name) (Address)
Date of Issuance . July 1 1992
This Certificate is issued for work regulated by an Order of Conditions issued to Crusader Pa= Pr Tnr _
dated 6/23/87 and issued by the NACC
1. It is hereby certified that the work regulated by the above -referenced Order of Conditions has
been satisfactorily completed.
2. ❑ It is hereby certified that only the following portions of the work regulated by the above -refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project, specify what portions are included.)
3. ❑ It is hereby certified that the work regulated by the above -referenced Order of Conditions was
never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new Nonce of Intent
and receiving a new Order of Conditions.
...........................................................................................................................................................................
(Leave Soace Blank)
8.1
Effective 11/10/89
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1397
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
North Andover
When filling
From: 1. Conservation Commission
out forms on
the computer,
2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to
3. To: Applicant:
move your
cursor - do not
Crusader Paper Company, Inc.
use the return
a. First Name b. Last Name
c. Company
key.
350 Holt Road
d. Mailing Address
North Andover
MA. 01845
e. City/Town
f. State g. Zip Code
4. Property Owner (if different from applicant):
Holt Road Realty, LLC
a. First Name b. Last Name
c. Company
350 Holt Road
d. Mailing Address
North Andover
MA. 01845
e. City/Town
f. State g. Zip Code
5. Project Location:
350 Holt Road
North Andover
a. Street Address
b. City/Town
Map 78
Parcel 1
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator):
e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds
for (attach additional information if more than one parcel):
Essex North
a. County
b. Certificate (if registered land)
10106
557
c. Book
d. Page
3/30/07
7. Dates:
`�/2� I®7 r
a. Date Notice of Intent Filed
b. D4td PubliI Hearing Closed c. Date f Is -stance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Proposed Site Plan
a. Plan Title
New England Engineering Services, Inc.
Benjamin C. Osgood, Jr. P. E.
b. Prepared By
f/ /0 %
c. Signed and Stamped by
1" = 40'
d. nal RevisionDate
e. Scale
ii d� ({
S e -e— aTt uGV� ed
f. Additional Plan or Document Title
g. Date
g. Total WPA Fee Paid: $1250.00
$362.50 $887.50
a. Total Fee Paid
b. State Fee Paid c. City/Town Fee Paid
wpaform5.doc • rev. 3/1/05
Page 1 of 9
f 1
Massachusetts Department'of Environmental Protection
L7 Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1397
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank
a. linear feet
4. ❑ Bordering Vegetated
Wetland a. square feet
5. ❑ Land Under a. square feet
Waterbodies and
Waterways
e. cu.yd dredged
b. linear feet c. linear feet d. linear feet
b. square feet c. square feet d. square feet
b. square feet c. square feet d. square feet
1. cu.yu ureugeu
wpaform5.doc • rev. 311/05 Page 2 of 9
t
LIMassachusetts 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
DEP File Number:
242-1397
B. Findings (cont.)
❑
Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
12.
Resource Area
Proposed
Permitted
Proposed
Permitted
Alteration
Alteration
Replacement
Replacement
6. ❑ Bordering Land
Coastal Dunes
Subject to Flooding
a. square feet
b. square feet
c. square feet
d. square feet
Cubic Feet Flood
Coastal Banks
Storage
e. cubic feet
f. cubic feet
g. cubic feet
h. cubic feet
7. ❑ Isolated Land Subject
Rocky Intertidal
to Flooding
a. square feet
b. square feet
b. square feet
16.
Cubic Feet Flood
Salt Marshes
Storage
c. cubic feet
d. cubic feet
e. cubic feet
f. cubic feet
8. ❑ Riverfront area
Land Under Salt
a. total sq. feet
b. total sq. feet
b. square feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet
f. square feet
Sq ft between 100-200 ft
e. square feet
f. square feet
e. square feet
f. square feet
Coastal Resource Area Impacts:
Check all that apply
below. (For Approvals Only)
9. ❑ Designated Port
Areas
Indicate size under Land Under the Ocean, below
1o. ❑ Land Under the
Ocean
a. square feet
b. square feet
11.
❑
Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
12.
❑
Coastal Beaches
a. square feet
b. square feet c. c/y nourishmt. d. c/y nourishmt.
13.
❑
Coastal Dunes
a. square feet
b. square feet c. c/y nourishmt. d. c/y nourishmt
14.
❑
Coastal Banks
a. linear feet
b. linear feet
15.
❑
Rocky Intertidal
Shores
a. square feet
b. square feet
16.
❑
Salt Marshes
a. square feet
b. square feet c. square feet d. square feet
17.
❑
Land Under Salt
Ponds
a. square feet
b. square feet
18. ❑ Land Containing
Shellfish a. square feet b. square feet c. square feet d. square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
20. ❑ Land Subject to
Coastal Storm Flowage a. square feet b. square feet
wpaform5.doc • rev. 3/1/05 Page 3 of 9
Massachusetts Department of Environmental Protection
L7 Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1397
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1397
wpaform5.doc • rev. 3/1/05 Page 4 of 9
Ll'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
If you need more
space for
additional
conditions,
select box to
attach a text
document
DEP File Number:
242-1397
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
See attached
wpaform5.doc • rev. 3/1/05 Page 5 of 9
Ll'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
If you need more
space for
additional
conditions,
select box to
attach a text
document
DEP File Number:
242-1397
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover.
hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw
b. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b. Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
c. The special conditions relating to municipal ordinance or bylaw are as follows:
See attached
wpaform5.doc • rev. 3/1/05
Page 6 of 9
DEP FILE # 242 -1397
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those
interests noted above. The NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of Intent referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS Mi
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
C:\Winword\00C\350HoltRd.doc 1 NACC 10/15/2007
DEP FILE # 242 -1397
25. This Order of Conditions is issued under File No. 242-1397.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: the construction of an access driveway and associated
grading to access an existing 100,000 s.f. industrial building and proposed addition
(Crusader Paper) within a Riverfront area of the Merrimack River. There are no other
jurisdictional resource areas on site. The new access will require 1495 s.f. of riverfront
disturbance within the outer riparian zone approximately 160 feet away from the River
itself. The proposed work also includes the construction of a small access ramp within
an existing paved area within the buffer zone to an 18,000-s.f addition to the existing
building and a slight redesign/modification to the existing detention basin. However,
this work is located outside of any resource areas or buffer zones.
Upon a comprehensive drainage review and with the exception of Standard 3
(Recharge), the project as proposed meets the requirements of the nine stormwater
management standards. The recharge standard could not be met for the entire site, but
improvements were made to meet these standards to the extent practicable for the
proposed work. Acknowledging this, the NACC is satisfied and accepts the project as
proposed.
29. The work shall conform to the following:
Notice of Intent filed by: Holt Road Realty, LLC. (Applicant)
C/o Crusader Paper, Inc.
350 Holt Road
North Andover, MA 01845
No Date - Received Date March 30, 2007
Prepared by: New England Engineering Services, Inc. (Representative)
1600 Osgood Street Suite 2-64
North Andover, MA 01845
Site Plans prepared by: New England Engineering Services, Inc.
Entitled "Proposed Site Plan", dated March 2, 2007
revised through 9/11/07. Consisting of sheets 1 through 2.
Stamped & Signed by Benjamin C. Osgood, Jr., P.E.
C:\Winword\00C\350HohRd.doc 2 NACC 10/15/2007
DEP FILE # 242 -1397
Other Record Plans &
Documents: Plan entitled "Drainage Area Map" dated March 2, 2007,
revised through 8/23/07;
Drainage Report dated March 2, 2007, last revised August
20, 2007;
Revised Stormwater Management Forms, no date,
received date June 21, 2007;
Revised Stormwater Management Supplement dated
August 23, 2007;
Maintenance Plan for Drainage System, dated June 21,
2007;
Drainage review letter prepared by Eggleston
Environmental dated May 22,2007;
Drainage review response letter prepared by New
England Engineering Services, Inc. dated June 20,2007;
Drainage review letter prepared by Eggleston
Environmental dated June 27,2007;
Drainage review response letter prepared by New
England Engineering Services, Inc. dated June 20, 2007
(wrong date - received date 8/27/07);
Drainage Review Letter prepared by Eggleston
Environmental dated September 6, 2007;
Letter prepared by New England Engineering dated
September 12,2007;
Five (5) photographs submitted by New England
Engineering showing dumping areas, no date.
30. The following wetland resource areas are affected by the proposed work: Riverfront Area
(Merrimack River). This resource area is significant to the interests of the Act and Town
ByLaw as noted above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource area and as
depicted on the approved plans referenced herein.
CAWinword\00C\350HoltRd.doc 3 NACC 10/15/2007
DEP FILE # 242 -1397
32. 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.
33. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as
part of a public way, becomes the responsibility of the Town.
34. 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
35. 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.
36. 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.
37. 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 242-1397."
38. 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
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DEP FILE # 242 -1397
approval prior to implementation. If the NACC finds said changes to be significant, the
NACC will call for another public hearing (at the expense of the applicant). Within 21
days of the close of said public hearing the NACC will issue an amended or new Order of
Conditions. Any errors found in the plans or information submitted by the applicant shall
be considered as changes. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
39. 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.
40. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/erosion control devices
and re -vegetation to be completed before other work begins on-site.
41. Prior to any work commencing on-site, the applicant shall clean-up and properly
dispose of any debris/materials that have been previously dumped within the
Riverfront area as shown in the photographs submitted herein.
42. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
43. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and resource areas. The erosion control barrier will be properly
installed and placed as shown on the plans approved and referenced herein and shall be
inspected and approved by the NACC prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC. The NACC reserves the
right to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example, installation of erosion control measures
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DEP FILE # 242 -1397
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 10 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion. All
additional emergency erosion controls shall be on site prior to the commencement of
any work on site and will be verified by the Conservation Department during the pre -
construction meeting.
45. A check payable to the Town of North Andover shall be provided in the amount of
$3,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and
the NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local Bylaw.
46. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion
Control Monitor" to oversee any emergency placement of controls and regular inspection
or replacement of sedimentation control devices. The name and phone number of the
erosion control monitor must be provided to the NACC in the event that this person has
to be contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm for subsequent review and
approval by the NACC or agent thereof. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor will be
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
47. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility to ensure that the Environmental/ Erosion
Control Monitor (EMC) monitor the site and submit written reports to the NACC. The
EMC shall certify that, to the best of his/ her knowledge and belief based on a careful
site inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The EMC must visually
inspect all sedimentation/ erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. Monitoring reports shall include current condition of
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DEP FILE # 242 -1397
erosion and sedimentation controls; describe any erosion or sedimentation repair and/
or replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
48. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A"
signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days after to
the closing of said land transaction.
49. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the
engineer, wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice for each pre -
construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
50. All construction and post -construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent, the Department of
Environmental Protection Stormwater Management Policy, and the approved
Operation and Maintenance Plan dated June 21, 2007 attached herein.
51. Evidence of maintenance of the stormwater management system shall be provided to
the NACC on an annual basis by a Registered Professional Civil Engineer. The first
report shall be submitted to the NACC one year after the first stormwater structure
goes on-line and annual reports must continue to be submitted until a Certificate of
Compliance is issued. Compliance with the designed stormwater management system
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DEP FILE # 242 -1397
and associated stormwater management conditions shall be satisfied prior to the
issuance of a Certificate of Compliance.
52. All drainage structures shall be properly installed and functional. During construction,
all drainage structures shall be maintained, as outlined in the approved Operation and
Maintenance Plan dated June 21, 2007 attached herein.
53. Construction of the stormwater structures shall be constructed and functioning as part
of the initial project phase, immediately following clearing and rough grading of the
site to serve as siltation control during construction. Runoff from the site shall be
directed towards these basins.
54. Temporary and/or permanent basins being used for sedimentation and dewatering
during construction shall be cleaned of sediment when levels exceed six (6) inches. The
basins shall be cleaned of sediment prior to final grading and construction of
permanent stormwater basins.
55. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
56. Water quality down gradient of BVW's shall not differ significantly following completion
of the project from the pre -development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
57. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Operation & Maintenance Plan dated June 21, 2007 attached herein and the associated
stormwater management conditions referenced herein.
58. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements of
the drainage system, unless put into an easement to the Town of North Andover, in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
59. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
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60. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in stable condition at
the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
61. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
62. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of
this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the
catch basins be maintained. All catch basins shall be free of all accumulated silt and debris
before Compliance is issued and the owner or his/her agent shall so specify in the request for
Compliance.
63. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
64. The Erosion Control Monitor shall be onsite during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
65.Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site at all times while
dewatering is occurring_ De -watering activities shall be conducted as shown on the
approved plans and shall be, monitored daily by the erosion control monitor to ensure that
sediment laden water is appropriately settled prior to discharge toward the wetland
resource areas. No discharge of water is allowed directly into an area subject to jurisdiction
of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-
watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval, which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
66. Associated pavement and roadways shall be swept at least once per week or as directed
by the Erosion Control monitor, the Site Supervisor, Project Manager, or the Conservation
staff for as long as the site remains exposed and unstabilized.
67. 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.
68. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1St of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
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DEP FILE # 242 - 1397
climate conditions allow for seeding. During construction, any area of exposed soils that will
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC.
69. 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.
70. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
71. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
72. 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.
73. 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
74. 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.
75. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
76. There shall be no dumping of leaves, grass clippings, brush, trash or other debris
within the wetland resource area. This condition shall survive the expiration of this Order
and shall survive in perpetuity.
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DEP FILE # 242 -1397
77. The approved Operation & Maintenance Plan is fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be adhered to
in perpetuity.
78. Prior to the issuance of a Certificate of Compliance, the applicant shall submit an
Affidavit from the assignee (s) acknowledging the Operation & Maintenance
responsibilities of the stormwater management systems in accordance with the approved
Operation & Maintenance Plan and other perpetual conditions mandated in this Order.
79. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either by
loaming and seeding according to SCS standards. If the latter course is chosen, stabilization
will be considered complete once vegetative cover has been achieved.
80. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
81. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
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.
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DEP FILE # 242 -1397
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes a Y disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
82. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ Discharge or spillage of pollutants (Condition #73);
➢ Maintenance of catch basins (Condition #62);
➢ Maintenance of all culverts, collections basins, traps, outlet structures,
subsurface storage areas, and other elements of the drainage system, unless put
into an easement to the Town of North Andover, in order to avoid blockages
and siltation, which might cause failure of the system and/or detrimental
impacts to on-site or off-site resource areas (Condition #58);
➢ Prohibition of underground fuels (Condition #74);
➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions #75);
➢ Prohibition of dumping of leaves, grass clippings, brush, trash, or other debris
(Condition #76);
➢ The attached "Stormwater Operations and Management Plan", including Best
Management Practices. No additional filings will be required to conduct
maintenance of the above referenced system and plan (Condition #77).
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DEP FILE # 242 -1397
I,
APPENDIX A — AFFIDAVIT
on oath do hereby depose and state:
(authorized agent of applicant and / or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant)
the applicant upon whom the Order of Conditions
(applicant's name)
(DEP or NACC File #)
have been
placed upon by the North Andover Conservation Commission (NACC).
2) I am the
(position with owner)
and / or
of
(owner)
the owner upon whose land Order of Conditions
(DEP or NACC File #)
placed upon by the NACC.
have been
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20 I inspected said property together with any and
all improvements, which have been made to the same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of
20
(Authorized agent of applicant or owner)
C:\Winword\00C\350HoltRd.doc 13 NACC 10/15/2007
Maintenance Plan for Drainage System
June 21, 2007
Crusader Paper Company, Inc
350 Holt Road
North Andover, MA 01845
Assessors Map 78, Parcel 1
Crusader Paper Company, Inc. shall be the owner of the stormwater controls and
stormwater system proposed. They are responsible for: 1) any party retained to operate
and maintain the system, 2) enforcement of a schedule for inspection and maintenance, 3)
routine and long-term maintenance responsibilities, and 3) allowing provisions for
appropriate access and maintenance extending from a public right-of-way to the
stormwater controls.
Monthly Inspections
• Monthly policing of the property to conduct trash removal.
Quarterly Inspections
• Sediment forebay should be inspected at least four times per year.
• Catch basins should be inspected at least four times per year.
Annual Cleaning
• Sediment forebay should be cleaned at least once per year or as needed.
• Annual cleaning of catch basins after the final snow melt to remove accumulated
road sand.
• Annual cleaning of the parking area is to be done when the catch basins are
cleaned.
1 of 2
Maintenance Plan for Drainage System
Crusader Paper Company, Inc
350 Holt Road
North Andover, MA 01845
Assessors Map 78, Parcel 1
Detention Pond
• Detention pond shall be inspected at a minimum of once per year, including
inspections of the emergency spillway and outlet control structure.
• Emergency spillway should be inspected for damage.
• Outlet control structure should be inspected for clogging
• Side slopes and embankments shall be mowed at least twice per year.
• Trash and debris removal should be done at the time of mowing.
Additional Notes
• The drainage system including all drain pipes, manholes, flared end inlets and
outlets, detention pond inlets and outlets shall be inspected by a registered
professional engineer to ensure that the system is in working order and to
recommend any additional maintenance items which may be required.
• Annual cleaning of the inlet and outlet of the detention pond and performance of
any additional maintenance items as determined by a registered engineer as part
of his/her annual inspection.
• Removal of sediment and debris is to be done by hand.
• All sediment shall be disposed of in accordance with all local, state, and federal
government regulations.
*This maintenance plan accompanies the plan entitled, "Proposed Site Plan, 350 Holt
Road, North Andover, MA, Assessors Map 78, Parcel 1," prepared by New England
Engineering Services, Inc., dated March 7, 2007, revised June 18, 2007. Maintenance
plan recommended by Benjamin C. Osgood, Jr., P.E., New England Engineering
Services, Inc.
2 of 2
Massachusetts Department of Environmental Protection
L7 Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
DEP File Number:
242-1397
This Order is valid for three years, unless otherwise specified as a special % 07
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issudnce
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2. Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from aoDlicant. /
Sigl
Notary Acknowledgement
Commonwealth of Massachusetts County of
Essex North
On this 10 of 0 be'2007
Day Month Year
Before me, the undersigned Notary Public,
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
City/Town
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
Conservation Commission
ignature of Notary Public
D44114 /i 4,'�0
Printed Name of Notary Public
P J 7/-2vVi
My CommissionoExpires (Date)
[� by hand delivery on
/0 1'r 67
Date of Date
by certified mail, return receipt requested, on
wpaform5.doc • rev. 3/1/05 Page 7 of 9
r"KNOTARY
f�PAy
DONNA K WEDGE
PUBLIC
COMMONWEALTH OF MASSACHUSETTS
Comm. Expires Aug. 7. 2009
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
Conservation Commission
ignature of Notary Public
D44114 /i 4,'�0
Printed Name of Notary Public
P J 7/-2vVi
My CommissionoExpires (Date)
[� by hand delivery on
/0 1'r 67
Date of Date
by certified mail, return receipt requested, on
wpaform5.doc • rev. 3/1/05 Page 7 of 9
LI)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
F. Appeals
DEP File Number:
242-1397
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev. 3/1/05 Page 8 of 9
LllMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1397
� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
242-1397
DEP File Number
Book Page
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev. 3/1/05
Page 9 of 9