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HomeMy WebLinkAboutMiscellaneous - 351 WILLOW STREET 4/30/2018 (8)i `� f ., Department of Environmental Protection Provided by MassDEP: �'--- Bureau of Resource Protection - Wetlands MassDEP File #:242-1639 1 L1Massachusetts WPA Form 5 - Order of Conditions eDEP Transaction #:720180 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town NORTH ANDOVER A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. r OOC b.1— Amended OOC 3. Applicant Details a. First Name JOHN b. Last Name MORIN c. Organization C/O THE MORIN -CAMERON GROUP, INC. d. Mailing Address 447 BOSTON STREET e. City/Town TOPSFIELD f. State MA g. Zip Code 01983 4. Property Owner a. First Name ROBERT b. Last Name OGAN c. Organization MUFFIN REALTY TRUST d. Mailing Address 351 WILLOW STREET e. City/Town NORTH ANDOVER f. State MA g. Zip Code 01845 S. Project Location a.Street Address 351 WILLOW STREET SOUTH b.Cityffown NORTH ANDOVER c. Zip Code 01845 d. Assessors Map/Plat# 25 e. Parcel/Lot# 76 f. Latitude 42.65625N g. Longitude 71.11498W 5. Property recorded at the Registry of Deed fox- ora. a.County b. Certificate c. Book d. Page NORTHERN ESSEX 2226 88 7JDates a. Date NOI Filed: 11/21/2014 b. Date Public Hearing Closed: 2/25/2015 c. Date Of Issuance: 2/26/2015 8 Final Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: SITE PLAN OF THE MORIN - LAND 351 WILLOW CAMERON GROUP, JOHN MORIN, P.E. STREET SOUTH January 19, 2015 V=20' INC (SHEETS 1-4) B. Findings Page 1 of 10 * ELECTRONIC COPY LllMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File #:242-1639 WPA Form 5 - Order of Conditions eDEP Transaction #:720180 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �Cityffown:NORTHANDOVEi I XinilkV pumant to the Mmmchusem Wedlands Protection Act Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. F Public Water Supply d. r Private Water Supply g. r Ground Water Supply b. F. Land Containing Shellfish c. r Prevention of Pollution e. r Fisheries f. r Protection of Wildlife Habitat h. F-1 Storm Damage Prevention i. r Flood Control 2 Coninfiscion hereby finds the prajeM as pmpowdL is: Approved subject to: a. r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. r- The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the specific information which is Packing and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. r Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource 25 area specified in 310CMR10.02(1)(a). a. linear feet Inland Rm m=Asn Impact&MwAffwvals Only): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. f Bank a.linearfed b finearfbd C.linewfibdt d.finearfed 5. r- Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. 1- Land under Watabodi s and Wakr + a square fMet h square Ecd e. squaw feet d square feet e- efy dredged L cfydcW Page 2 of 10 * ELECTRONIC COPY e Massachusetts Department of Environmental Protection Provided by MassDEP: 9, Coastal Resmwce Area Impacts: Resource Area Bureau of Resource Protection -Wetlands 10. r Designated Port Areas MassDEP File 4:242-1639 11. r Land Under the Ocean WPA Form 5 - Order of Conditions eDEP Transaction #:72 0180 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 citylTown:NORTx ANDOVER 7. r Bordering Land Subject to Flooding a square feet b. square feet c. c/y nourishment d. c/y nourishment 14. r Coastal Duncs a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage a. linear feet b. linear feet 16. r Rocky rmefiU Shores e. cubic feet f. cubic feet g. cubic feet h. cubic feet & r Isolated Land Subjecto tD F o fmg a square feet b. square feet c. square feet d. square feet 18. r Land Under Salt Fbnds a. square feet b. square feet a7 -square feet b. square feel Cubic Feet Flood Storage c. c/y dredged d- cfy dredged 19. r Land Containing Shellfish a cubic fent d cubic feet e, adric iijet f cubic feet 9. r Riverfront Area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet ff, square feet Sq ft between 100-200 ft g. square feet h. square feet i. square feet j. square feet Coastal Resmwce Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. r Designated Port Areas Indicate size render land Under the Ocean, below 11. r Land Under the Ocean a. square feet b. square feet c. c/y dredged d. c/y dredged 12. r Barrier Beac hes Indicate sue under CoasW Beaches and/or Coastal Dunrs below 13. r Coastal Beaches a square feet b. square feet c. c/y nourishment d. c/y nourishment 14. r Coastal Duncs a sguarc feet b. square feet a dy no uisbmeat d dy norms 15. r Coastal Banks a. linear feet b. linear feet 16. r Rocky rmefiU Shores a square feed b. square feet 17. r Salt Marshes a square feet b. square feet c. square feet d. square feet 18. r Land Under Salt Fbnds a7 -square feet b. square feel c. c/y dredged d- cfy dredged 19. r Land Containing Shellfish Page 3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: ��— Bureau of Resource Protection - Wetlands MassDEP File #:242-1639 UVPA Form- Order of Conditions eDEP Transaction #:720180 ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.NORTH ANDOVER a. square feet b. square feet c. square feet d. square feet indite sig uader Cora" Banks, inland Bad , Land Underthe 20. C Fish Ron Ocean, and/or inland Land Under Wombodies and Wadezways, above 21. r— Land Subject to Coastal Storm Flowage c. c/y dredged d dy dodged a. square feet b. square feet 22. r Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section 13.5.c & d or B. 17.c & d above, please entered the additional amount here. a. square feet of BV W 23. b. square feet of Salt Marsh r Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: �1 Bureau of Resource Protection - Wetlands MassDEP File #:242-1639 WPA Form 5 - Order of Conditions eDEP Transaction #:720180 (� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, " Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number :"242-1639" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition # 13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1) r is not (2) r- to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction Page 5 of 10 * ELECTRONIC COPY Massachusetts (Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File #:242-1639 WPA For[ 5 - order of Conditd©us eDEP Transaction #:720180City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi- Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(o through 19(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stonnwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement f} The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall -indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. i) Access for maintenance, repair, and/or replacement of 13MPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1639 WPA Form 5 - Order of Conditions eDEP Transaction #:720180 t� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER 5 Special Conditions: SEE ATTACHED. Page 7 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1639 ` WPA Form 5 - Order of Conditions eDEP Transaction #:720180 y' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? r Yes r No 2• The Conservation Commission hereby(check one that applies a. r- DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b. F APPROVES the proposed work, subject to the following additional conditions. NORTH ANDOVER 1. Municipal Ordinance or Bylaw WETLANDS 2. Citation CHAPTER 178 p y PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1639 WPA Form 5 - Order of Conditions eDEP Transaction #:720180 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance, unless otherwise specified - pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended 1. Date of O 'gina1 Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form. This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: i r— by hand delivery on Date F. Appeals Wby certified mail, return receipt requested, on ofh (0 J .� Date The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Page 9 of 10 * ELECTRONIC COPY \ Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1639 WPA Form 5 - Order of Conditions eDEP Transaction #:720180 # it Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.NORTH ANDOVER G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. .......................................................................................................................................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 351 WILLOW STREET SOUTH Project Location Has been recorded at the Registry of Deeds of: County Book for. Property Owner ROBERT OGAN and has been noted in the chain of title of the affected property in: Book 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 242-1639 MassDEP File Number Page Page Rev. 4/12010 Page 10 of 10 * ELECTRONIC COPY DEP FILE # 242 -1639 The NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work within jurisdiction includes: construction of an 11,136 s.f. building addition, parking area, and stormwater mitigation measures within the Buffer Zone to Bordering Vegetated Wetland. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/ Property Owner: Muffin Realty Trust 351 Willow Street North Andover, Massachusetts 01845 Notice of Intent filed by: John Morin The Morin -Cameron Group, Inc. 447 Boston Street Topsfield, MA 01983 Date filed: November 20, 2014 Site Plans prepared by: The Morin�Cameron Group, Inc. Titled: Site Plan of Land 351 Willow Street South (Sheets 1 through 4) Last Revised: 1/19/15 Stamped by: John Morin, P.E. Other Record Documents: Hydrologic Analysis and Drainage Report Prepared by: The Morin -Cameron Group, Inc. Dated: November 12, 2014 Long Term Pollution Prevention Plan Prepared by: The Morin -Cameron Group, Inc. Dated: November 12, 2014 Revised: January 19, 2015 Stormwater Review: Lisa D. Eggleston, P.E. Eggleston Environmental 32 Old Framingham Road, Unit #29 242-1639, 351 Willow Street -Bake N Joy Special Conditionsl NACC 2/26/2015 DEP FILE # 242 -1639 Wetland Delineation Conducted by: Sudbury, MA 01776 Letter Dated: December 8, 2014 Email Dated: January 27, 2015 Response to Stormwater Review Prepared by The Morin -Cameron Group, Inc. John M. Morin, P.E. Dated: January 20, 2015 Greg Hochmuth Date: June 10, 2014 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that take place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 242-1639, 351 Willow Street -Bake N Joy Special Conditions2 NACC 2/26/2015 DEP FILE # 242 -1639 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least lirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). 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 this resource area to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated and referenced herein (#A1 -#A16 and #Bl -#B17). 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No - Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as previously developed and shown on the plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits 242-1639,351 Willow Street -Bake N Joy Special Conditions3 ; NACC 2/26/2015 DEP FILE # 242 -1639 terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. "PRIORO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1639." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 242-1639, 351 Willow Street -Bake N Joy Special Conditions4 NACC 2/26/2015 DEP FILE # 242 -1639 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/ erosion control devices, demolition, drainage installation, mitigation plantings and all other work planned through final stabilization. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan{s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. A filter sock backed by trenched siltation fence (biodegradable filter sock, no plastic netting) shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed in the location shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 45. Silt sacks will be placed in catch basins within 100 -feet of the work. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling twenty (20) hay bales (or equivalent length of filter sock -1 bale = 3 feet) and sufficient stakes for staking these bales. Said bales/ sock shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 242-1639, 351 Willow Street -Bake N Joy Special Conditions5 . NACC 2/26/2015 DEP FILE # 242 - I639 47. A check payable to the Town of North Andover shall be provided in the amount of $10,000 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 $yLaw. 48. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 49. At least once during each week in which construction activities occur on-site and for as long thereafter as ground remains unstable, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water qualify impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 50. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" on all delineated wetlands (where not previously marked) with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and 242-1639, 351 Willow Street -Bake N Joy Special Conditions6 NACC 2/26/2015 DEP FILE # 242 - 1639 approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers may be obtained at the Conservation Department ($2 round/ $3 square). 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, the erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent and as part of the public hearing process, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of intent and 242-1639, 351 Willow Street -Bake N Joy Special Conditions? NACC 2/26/2015 DEP FILE # 242 -16139 approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Erosion control measures shall be implemented and maintained in accordance with the Construction Period Pollution Prevention Plan referenced herein and as required by this Order. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Long 'Term Pollution Prevention Plan attached herein and the associated stormwater management conditions mandated herein. 58. All stormwater best management practices shall be maintained as specified in the Long 'Term Pollution Prevention Plan (LTPPP) submitted with the Notice of Intent referenced herein. The LTPPP will be incorporated in the Order of Conditions. The approved LTPPP is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. A log/ proof of annual maintenance activities for all stormwater BMPs shall �be maintained in perpetuity for a prior 5 year period and shall be available upon request for review by the NACC or its agent. 59. The applicants, owners, and their successors and assignees, shall maintain, in perpetuity all swales, detention basins, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. -DURINGCONSTRUCTION 60. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see condition #49). 61. IMPORTANT: Immediately upon completion of the addition foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and its proximity to 242-1639, 351 Willow Street -Bake N Joy Special Conditions8 NACC 2/26/2015 DEP FILL # 242 -1639 wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. Failure to comply may result in a stop work order for the site. 62. Proposed stockade fencing will be installed a minimum of six (6) inches above the ground to allow for wildlife movement. Fencing is currently proposed along the berm adjacent to the B -series wetland. Additional fencing may be added outside of the 25 - foot No -Disturbance Zone if needed or required by another board or department. A plan showing the proposed location of the additional fencing will be provided to the Conservation Department for approval prior to installation. 63. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 64. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un -stabilized. If material is tracked beyond the construction entrance onto the, adjacent roadway, it will be swept up daily. 65. 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. 66. All exposed soil finish grade surfaces shall be immediately landscaped (native plantings/ seed mixes) and stabilized, or loamed, seeded and mulched, with a layer of mulch hay or matting (natural fibers only). 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 or matting until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 67. 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. 68. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Stockpiled materials shall be maintained within erosion controls. 242-1639, 351 Willow Street -Bake N Joy Special Conditions9 tNACC 2/26/2015 DEP FILE # 242 -1639 69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 70. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 71. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 72. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 73. No underground storage of fuel oils shall be allowed on any lot within one -hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 74. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%) and phosphorous free, and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 75. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. In addition, permanent signs designating "No -Salt Zone' and "Snow Stockpiling Zones' shall be displayed along paved areas adjacent to the B -series wetland (and shall remain in place along the A - series wetland where they currently exist). Number and location of signs will be confirmed with the Conservation Department prior to installation. Signs shall remain in perpetuity. 242-1639, 351 Willow Street -Bake N Joy Special Conditionsl0 NACC 2/26/2015 DEP FILE # 242 -1639 76. The use of coal tar -based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 77. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the No -Disturbance Zone demarcated by the constructed stone wall. This condition shall survive the issuance of a Certificate of Compliance. 78. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 79. 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. 80. 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 of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor if appropriate) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & storrawater management structures constructed within 100 feet of any wetland resource area. Specifically, "As -Built" plans should include inverts of all drainage structures above and below grade, and an engineer's certification that the drainage system has been constructed and is functioning in accordance with the approved design. NOTE: If portions of the stormwater systems exist 242-1639, 351 Willow Street -Bake N Joy Special Conditions) l NACC 2/26/2015 DEP FILE # 242 -1639 partially within the Buffer Zone then the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ 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 any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 81. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No Construction Zone shall be established from the edge of adjacent wetland resource areas except as approved under DEP # 242-1639. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/ or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw; ➢ Resource Area Markers (Condition #50); ➢ Stormwater Management System Maintenance (Condition #58 & #59) ➢ Discharge or spillage of pollutants (Condition #70); ➢ Prohibition of underground fuels (Condition #71); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #72); ➢ "No -Salt Zone and No -Snow Stockpiling" signs (Condition #73); ➢ Prohibition on coal tar -based sealants (Condition #74); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #75); 242-1639, 351 Willow Street -Bake N Joy Special Conditions12 NACC 2/26/2015 DEP FILE # 242 -1639 ➢ The attached "song Term Pollution Prevention Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report. 242-1639, 351 Willow Street -Bake N Joy Special Conditions 13 NACC 2/26/2015 DEP FILE # 242 - I639 APPENDIX A - AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the &/or of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1639, 351 Willow Street -Bake N Joy Special Conditions14 NACC 2/26/2015 Lona Teras Pollution Prevention Plan Bakke IN Joy Foods, Inc. 3S1'Wa low Street South North Andover: Massachusetts November 12, 2014 Revised: January 19, 21115 I JAN 2 12014 NORTH ANDOVER CONSERVATION COMMISSIOW The following operation and maintenance playa has been provided to satisfy the requirements of Standard 9 of the MassDEP Stormwater Management Handbook. The success of the Stormwater Management Plan depends on the proper implementation, operation and maintenance of several management components. The following procedures shall be implemented to ensure success of the Stormwater Management Playa: 1. The contractor shall comply with the details of construction of the site as shown on the approved plans. 2. The Catch Basins, Sediment Eorebay/Infiltration Basin, (Detention 'Basin, VortSentry Unit, Water Quality Swale, First Defense Units and Coltec Infiltrator Chamber System shall be inspected and maintained as shown in the manufacturer's guidelines and as indicated below. The attached "BMP Key Plan" shows the approximate locations of the BMP's mentioned above. 3. Effective erosion control measurers during and after construction shall be maintained until a stable turf is established on all altered areas. Basic Infonnation Stormwater Management System Owner: North Andover Department of Public Works: North Andover Planning Department: North Andover Conservation Commission: Muffin Realty Trust Sake N .toy Foods, Inc. 351 Willow Street North Andover, MA 01845 978-683-1414 Bruce D. I'hibodeau, P.E. Director 384 Osgood Street North Andover, MA 131845 978-685-0950 Town Planner 1600 Osgood Street North Andover, ISA 01845 978-688-9535 Ms. Jennifer Hughes Conservation Administrator 1600 Osgood Street North Andover, MA 01845 978-688=9530 Erosion and Sedimentation Controls During Consbmc#ion: The site and drainage construction contractor shall be responsible for maintaining the stormwater system during construction. Routine maintenance of all items shall be performed to ensure adequate runoff and pollution control daring construction. A combination of proposed silt fence and filter sock backed with silt fence wit[ be placed as shown on the proposed plan prior to the commencement of any clearing, grubbing, and earth removal or construction activity. The integrity of the erosion control barrier wilt be maintained by periodic inspection and replacement as necessary. The erosion control barrier will remain in place until the first course of pavement.has been placed and all side slopes have been loamed and seeded and vegetation has been established. A silt sack will also be placed over the existing catch basins and the new catch basins once they are constructed. General Conditions 1. The property owner shall be responsible for scheduling regular inspections and maintenance of the stormwater BMP's as detailed in the following long-term pollution prevention plan and illustrated on the approved design plans: "Site Plan of Land" Prepared For Muffin Realty Trust, 351 Willow Street, North Andover, Massachusetts, Sheets 1-4, prepared by The Morin -Cameron Group, Inc. dated November 12, 2014 as revised and approved by the North Andover Planning Board and Conservation Commission, hereinafter referred to as the Site Plans. 2. All Stormwater BMP's shalt be operated and maintained in accordance with the design plans and the following Long -Term Pollution Prevention Plan. 3. The owner shalt: a. Maintain an Operation and Maintenance Log (see Attachment A) for the last three years. The log shall include ail BMP inspections, repairs, replacement activities and disposal activities (disposal material and disposal Location shall be included in the log); b. Make the tog available to the North Andover Department of Public Works, Conservation Commission and Planning Department upon request; c. Allow members and agents of the North Andover Department of Public Works, Conservation Commission and Planning Department to enter the premises and ensure that the Owner has complied with the Operation and Maintenance Plan requirements for each BMP. 4. A recommended inspection and maintenance schedule is outlined below based on statewide averages. This inspection and maintenance schedule shall be adhered to at a minimum for the first year of service of all BMP's referenced in this document. At the commencement of the first year of service, a more accurate inspection/maintenance schedule shall be determined based on the level of service for this site if required. Lona -Term Pollution Prevention Plan fLTPPPi lkgetated Areas: immediately after construction, monitoring of the erosion control systems shall occur until establishment of natural vegetation. Afterwards, vegetated areas shall be maintained as such. Vegetation shall be replaced as necessary to ensure proper stabilization of the site. Cost: included with annual landscaping budget. Consult with local landscape contractors. pM Sump Catch Basins The catch basin grates shat( be checked quarterly and following heavy rainfalls to verify that the inlet openings are not clogged by debris. Debris shall be removed from the grates and disposed of properly. Beep sump catch basins shag be inspected and cleaned quarterly as needed when accumulated sediments exceed 2' from the bottom of the sump (approximately 1/2 of the sump capacity). Catch basins with hoods shall be inspected annually to check oil build-up and outlet obstructions. Material shall be removed from catch basins and disposed of in accordance with all applicable regulations by a licensed hauler. Ata minimum catch basins shall be cleaned once Per year_ Cost: Estimated $50 - $100 per cleaning per catch basin as needed. The Owner shall consult Local waste haulers for detailed cost estimates. Public Safety Concerns: Catch basins shalt not be left open and unattended at any time during inspection, cleaning or otherwise. Broken grates or frames shall be replaced immediately. At no time shall any person enter the basin structure unless measures have been taken to ensure safe access in accordance with enclosed space regulations. Sediment Eoreba Anfiltration Basin: The sediment forebay/infiltration basin shall be inspected after every major storm event for the first 3 months after construction; a major storm event is 3.9 inches of rainfall in a 24 hour period (5 year storm). Thereafter, the basin shall be inspected twice per year (April/October). If the system does not drain within 72 hours of a rainstorm, the operator shall inform the design engineer. Snow shall not be stored in the intimation basin. The following maintenance is required: • Side slopes and bottom to be mowed twice during growing season and accumulated trash and debris removed (May of August). Sediment to be removed as necessary. Sediment removal should not take place until bottom of forebay/basin is dry. Deep tilling can be used to break up clogged surface areas. Any tilted area to be revegetated immediately. Cost: $800-$1,000 per cleaning of each system. Consult local pumping companies for costs associated with cleaning of basins if necessary to remove sediment. Detention Basin: The basin shall be inspected twice per year (Aprit/October). Snow s'haU not be stored in the infiltration basun. The following maintenance is required: • Side slopes and bottom to be mowed twice during growing season and accumutated trash and debris removed (May & August). • Sediment to be removed as necessary. Sediment removal should not take place until bottom of basin is dry. • Deep tilling can be used to break up clogged surface areas. Any tilled area to be revegetated immediately. VortSen!M Water Quality Unit: The VortSentry water quality pretreatment unit shall be inspected twice per year in April and October. The unit shall be cleaned per manufacturer instructions included herein and at a minimum once per year. (Vote: A vacuum truck arilt be required for the maintenance of this unit.) Water Quality Swales: inspect the swale twice a year (April/October). During the inspection check swate for slope integrity, soil moisture, vegetative health, soil stability, soil compaction, soil erosion, ponding and sedimentation. The following maintenance is required: • Mow swales at least once per year, do not cut the grass shorter than three to four inches. Do not let grass height exceed six inches. • At least once per year manualty remove sediment and debris. • Periodically re -seed, if required, to maintain a dense growth of vegetation. First Defense Unit: Inspections shall occur every six months unless six month inspections show the need for more frequent inspections. The following maintenance is required: • Remove sediment a minimum of once a year or as needed (ie: once depth reaches 26") • Remove Sediment following a spill in the drainage area • Remove Oil & Floatables once a year or with sediment removal 0 Remove Oil & Floatabtes following a spill in the drainage area Cuitec Infittrator Chamber System Inspections shall occur twice a year (April / October) The following maintenance is required: Measure water depths in inspection ports at 24 and 48 hour intervals after a storm to verify structure is draining. Rehabilitate structure if it fails due to clogging lDebns & ii+lter. All debris and litter shall be removed from the parking area as necessary to prevent migration into the drainage systema. Pesticides, Herbicides and FerdUzers: Pesticides and herbicides shall be used in accordance with the Town of North Andover regulations and Zoning Bylaw as amended from time to time. Fertilizers shalt be restricted to the use of organic fertilizers only. All fertilizers, herbicides, pesticides, and the like shalt be stored in a dry area that is protected from weather. Cost: Included in the routine landscaping maintenance schedule. The Owner shalt consult local landscaping contractors for details. Public Safety Concerns: Chemicals shall be stored in a secure area to prevent children from obtaining access to them. Any major spills shallbe reported to municipal officials. Snow Storage and IRernov& Snow storage areas are designated on the approved design plans. Snow shalt only be stored in designated areas. In heavy snow seasons, snow shall be removed from the property and disposed of in accordance with applicable regulations and a certified snow disposal site. The owner shall be responsible for informing snow removal contractors of the tocation for snow storage areas on the property. Cost: Annual snow removal budget to be established by the Owner. The Owner shall consult Local snow removal contractors for details. Prevention of fit Wselharges: Illicit discharges to the stormwater management system are not allowed. Illicit discharges are discharges that are not comprised entirely of stormwater. Pursuant to MassDEP Stormwater Standards the following activities or facilities are not considered illicit discharges: firefighting, water line flushing, landscape irrigation, uncontaminated groundwater, .potable water sources, foundation drains, air conditioning condensation, footing drains, individual resident car washing, flows from riparian ihabitats and wetlands, dechlorinated water from swimming pools, water used for street washing and water used to clean residential building without detergents. To prevent illicit discharges to the storrnwater management system the following policies should be implemented: 1. Provisions For Storing Materials and Waste Products Inside or lander Cover 2. Vehicle Maintenance and Washing Controls 3. Requirements for Routine Inspections of the Stormwater Management System (ie: catch basins, proprietary treatment unit & subsurface infiltration systema.) 4. Spilt Prevention and Response Pians. .a m E L 0. d 0 = =Q. ou tC 0 m !t Q�.% (D E L O q E > a ..EWo ❑ '` V L 40- 4) 4) CL o 4w 4D L 0 � W $ 0 E(D w0 �E m E;= o N = E n! _° i d s _IO CL d _0 w �- cc M O o w a i o o MN to t 3 Q Q. ° w 36 ijL = ea ( 1 a is O p CL i N _ Z p � .� L o = s � u ECLrr L to «• = d O O 40 ca —>� o wE� L �U+ ` P m � _E o n en in w Z t: wz 0 f - j�3d0�a �dw�X°�aad 9Nn z V)m 1N3P13AVd 30 3903 2 � O Z Ur0 Z Z m Z Qw M Uti CL a Q Z 0 Z O W p O 0000 F so Z QZ EL ow o ¢( W 0 441 1 I m z I 1 1 W CD (®; @ �I <m O J Z N � I w Z t: wz 0 f - j�3d0�a �dw�X°�aad 9Nn z V)m 1N3P13AVd 30 3903 r Ld ZI CD Z v ¢( W 0 441 1 1 U 1 m x 1 1 U` O a <m 1 Z Z N � I 1 H cn w 00 40 1 p1 J m m CL wQ N #1 F = �m °�®) 0� CL M W w 40 1 o 0 �.Q U m (51 w o � ¢� rn o a I N v � �z o N K�ZQ,7 NO 4.. O i �� Z / > D- fl a1 ¢mw to Q F m U Q /�I a tri N dwva ZCi < 41' wM 25 LJ LLJ M 0 If N� L ;/ i�3 w p /0 Q '� E o0 z N ¢ s ai >0 > ® ZU ILDY sLU /// �� w > Z CD = Q In ca ON z`n z <M DQ z `' / APPROXIMATE PROPERTY LINE (TYPICAL) �R� SS ANDOVER BY—P A#125) r Ld Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1602 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP wpafrm8b.doc • rev. 5/29/14 WPA Form 8B, Certificate of Compliance • Page 1 of 3 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Muffin Realty Trust only the tab key Name to move your c/o The Morin -Cameron Group, Inc. 447 Boston Street cursor - do not use the return Mailing Address key. Topsfield MA 01983 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Muffin Realty Trust Name October 10, 2013 242-1602 Dated DEP File Number 3. The project site is located at: 351 Willow Street South North Andover Street Address City/Town Map 25 Parcel 76 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner (if different) Essex Northern 13675 211 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/2/14 Date wpafrm8b.doc • rev. 5/29/14 WPA Form 8B, Certificate of Compliance • Page 1 of 3 It Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1602 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 76 C. Authorization Issued by: North Andover Conservation Commission a 1V Date of Issuance 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 hdp://www. mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep regional-office-for-you r -city -or -town . htm I). Signatures: Vj wpafrm8b.doc • rev. 5/29/14 WPA Form 8B, Certificate of Compliance • Page 2 of 3 J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1602 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: 351 Willow Street South 242-1602 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County for: Muffin Realtv Trust 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: wpafrm8b.doc • rev. 5/29/14 Document Number Signature of Applicant WPA Form 8B, Certificate of Compliance • Page 3 of 3 L wit, 11 Mz NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 351 Willow Street South, North Andover At the June 25, 2014 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability to pulverize, re -grade and re -pave with 3 '/z -inches of pavement as shown on the herein referenced plans. Silt sacks will be installed in all catch basins within the work area in addition to erosion controls detailed on the herein referenced plans. The project will conform to the following: Owner/Applicant: Record Documents: SPECIAL CONDITIONS• Muffin Realty Trust 351 Willow Street South North Andover, MA 01845 Request for Determination of Applicability Form 1 and supporting materials, submitted: June 13, 2014 Plans Titled: Plan of Land in North Andover, Mass Showing Proposed Re -paving, 351 Willow Street South Prepared by: The Morin -Cameron Group, Inc. 447 Old Boston Road Topsfield, MA 01983 Stamped by: John M. Morin, P.E. Dated: June 10, 2014 1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the project plans and is aware of the wetland resource areas and the limits of the proposed work. 2. Once erosion controls, including the required silt sacks, are installed, the contractor will contact the Conservation Department to schedule a preconstruction meeting to inspect the installed erosion controls. Phone 97&68&.9539 Fps 91868&95a w4dk 3. Excess soils or other material shall be stockpiled within the maintained erosion controls. 4. Upon completion of the approved project and site stabilization, please contact the Conservation Department for a final inspection. Once approved, erosion controls can be removed. e3'.l 1 .•s+v ',er:1 a.r�- 'fi r t nit".: rt-:-� z: P, ,i ",. "ii f1 Yf Ji -A LA.9-#1: 1:'+tft./�I:.tTer e Important: When filling out forms on the computer, use only the tab Ivey to move your cursor - do not use the return trey. Massachusetts Department of iEnVironmental Protection Bureau of Resource Protection - Wetlands WI PSA Form, —Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Inform ation From: North Andover Conservation Commission To: Applicant Muffin Realty Trust Name 351 Willow Street South Mailing Address North Andover NIA City/Town State Property Owner (if different from applicant): Name Mailing Address n1QAr, Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan of Land - Proposed Re -Paving June 10, 2014 Title Date Title Title 2. Date Request Filed: June 13, 2014 B. Determination Date Date Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Pulverize, regrade and repave exisiting parking lot within the Buffer Zone to Bordering Vegetated Wetland. Project Location: 351 Willow Street South North Andover Street Address City/Town Map 25 Parcel 76 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc • Determination of Applicability • rev. 08/13 Page 1 of 5 Massachusetts Department of Environmental! Protection Bureau of Resource Protection - Wetlands 7, WPA Foy _DeterminationApplicability Massachusetts Wetlands Protection Act M.G.Q. c. 131, §40 B. Determination (cont.) The following Determination (s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • Determination of Applicability • rev. 08/13 Page 2 of 5 L Massachusetts Department of Envlronmental protect-Jon Bureau of Resource Protection - Wetlands PA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Deter nination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See Attached ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc • Determination of Applicability • rev. 08/13 Page 3 of 5 Massachusetts Department of iEnvjronmental Protection Bureau of Resource Protection - Wetlands ►►Form, 2 — Detennination of Applicability Massachusetts Wetlands Protection Act M.-G.L. c. 131, §40 LEI I B. Determination (coat.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on []/by certified mail, return receipt requested on 4 J� Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your- city-or-town.html1 and the properly owner (if different from the applicant). Signatures: l.' L �y Date wpaform2.doc • Determination of Applicability • rev. 08/13 Page 4 of 5 Massachnsefts Department of Environmental Protection Bureau of Resource Protection - Wetlands LL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.htmto issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • Determination of Applicability • rev. 08/13 Page 5 of 5 Massachusetts' Department of Environmental Prrotection. -- ' Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmitta] Form 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. V" A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town Phone Number Project Location Mailing Address State Fax Number (if applicable) uP wue City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town Phone Number 3. DEP File Number: B. Instructions State Fax Number (if applicable) Zip Code 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ($120 for individual single family homes with associated structures; $245 for all other projects) ❑ Superseding Determination of Applicability ($120) ❑ Superseding Order of Resource Area Delineation ($120) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, NIA 02211 wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 08/13 Page 1 of 2 Massachusetts !Department of Environmental Protection Bureau of Resource Protection - Wetlands r :Request -or Departmental Action Fere Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for- your-city-or-town. htmf). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 08113 Page 2 of 2 ' QCs ,• � '. ,.•. , 'OE File No. 2.42-317, To be provided by DEOE) Commonwealth v City/Town North An HOW= of Massachusetts Channel R �ilrlinrr r., Applicant o— - Ord of Co ditions Massachusett Wetlands Protection Act , G JL. c.131, §40 and under the' Townof North Andover Bylaw,• Chapter .3.5--A'&;'B� North Andover Conservation Commission ' From N . To Channel Building Company 174 (Name of Applicant) (Na ne of property owner)=h 23 Main Street 23 Main Street Address Andover., MA 01810 Address____A;4agVe1a, EAM 0-810 This Orders issued and delivered as follows: O by hand delivery to -applicant or representative on (date) ? ® by certified mail, return receipt requested on November 8. 1985 (date) This project is located at T,nt A Nara A nag -ti=er- D"Sinees�P aei The property is recorded at the Registry.of - North Essex Book 1590. Page 318' Certificate (if registered) ;,.} a4; The Notice of Intent for this project was filed on October 15, X985 I (date) :. October 23, 1985 !'' 4 The public hearing was closed on (date) Findings The .ACC has re dewed the above -referenced Notice of .Intent and plans and has held a public'hearing on the project. Based of 'the information available to the X-4 GG at this time, the NA CC has determined that -- the area on which the'proposed work is to. be done is significant I, the ollowing interests in accordance with the Presumptions of Significance set forth in the regulations for each A. %a Subject to Protection Under the Act (check as appropriate): " ® Public water supply J2 Storm damage prevention W Private water supply @i Prevention of pollution* m Ground water supply ❑' Land containing shellfish R) Flood control ❑ Fisheries ; ' M Massachusetts Department of Environmental Protection Provided by MassDEP - Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 WeDEP Transaction #:602101PA Form 5 -Order of Conditions City/Town:NORTx ANDovER z Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. a OOC b. o Amended OOC 3. Applicant Details a. First Name MUFFIN REALTY TRUST b. Last Name c. Organization C/O THE NEVE-MORIN GROUP d. Mailing Address 447 BOSTON STREET e. City/Town TOPSFIELD f. State MA g. Zip Code 01983 4. Property Owner a. First Name b. Last Name c. Organization MUFFIN REALTY TRUST d. Mailing Address 351 WILLOW STREET e. City/Town NORTH ANDOVER f. State MA g. Zip Code 01845 5. Project Location a. Street Address 351 WILLOW STREET b.City/Town NORTH ANDOVER c. Zip Code 01845 d. Assessors Map/Plat# 25 e. Parcel/Lot# 76 f. Latitude 42.65653N g. Longitude 71.11384W 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book d. Page NORTHERN ESSEX 2226 0088 7.Dates a. Date NOI Filed: 9/3/2013 b. Date Public Hearing Closed: 9/25/2013 c. Date Of Issuance: 10/10/2013 8.Final Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: PROPOSED SEWER THENE IMPROVEMENTS GROUP, NC. JOHN M. MORIN, P.E. August 29, 2013 1"=20' (SHEETS 1-3) GROUP, INC. B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Page 1 of 10 * ELECTRONIC COPY Lll�Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 lrWPA Form 5 - Order of Conditions eDEP Transaction #:602101 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVERR Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ❑ Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries f. ❑ Protection of Wildlife Habitat g. o Ground Water Supply h. ❑ Storm Damage Prevention i. ❑ Flood Control 2. Commission hereby finds the project, as proposed, is: Approved subject to: a. ❑ The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3 ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource 17 area specified in 310CMR10.02(1)(a). a linear feet Inland Resource Area Im pacts: (For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land under Waterbodies and Waterways a. square feet b. square feet c. square feet d. square feet T ❑ Bordering Land Subject to Flooding e. cly dredged f, c/y dredged a. square feet b. square feet c. square feet d. square feet Page 2 of 10 * ELECTRONIC COPY - Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 �WPA Form 5 -Order of Conditions eDEP Transaction #:602101 i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 8.o Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet 9.0 Riverfront Area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. o Designated Port Areas Indicate size under Land Under the Ocean, below 11. o Land Under the Ocean a. square feet b. square feet c. c/y dredged d. c/y dredged 12. o Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. o Coastal Beaches a. square feet b. square feet c. c/y nourishment d. c/y nourishment 14. o Coastal Dunes a. square feet b. square feet c. c/y nourishment d. c/y nourishment 15. o Coastal Banks a. linear feet b. linear feet 16. o Rocky Intertidal Shores a. square feet b. square feet 17. o Salt Marshes a. square feet b. square feet c. square feet d. square feet 18.o Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19.o Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet Page 3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File 4:242-1602 WPA Form 5 - Order of Conditions eDEP Transaction #:602101 City/Town:NORTH ANDOVER s t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Indicate size under Coastal Banks, inland Bank, Land Under the 20. o Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways, above c. c/y dredged d. c/y dredged 21.o Land Subject to Coastal Storm Flowage a. square feet b. square feet 22. Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c & d or B. 17.c & d above, please entered the additional amount here. a. square feet of BVW 23. b. square feet of Salt Marsh o Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no hash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order- has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, Page 4 of 10 x ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: w Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 WPA Form 5 - Order of Conditions eDEP Transaction #:602101 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, " Massachusetts Department of Environmental Protection" [or 'MassDEP"] File Number :"242-1602" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition 413 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also irmnediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1) o is not (2) 0 subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 WPA Form 5 - Order of Conditions eDEP Transaction #:602101 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CityfTown:NORTH ANDOVER Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stornimater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi- Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority,.evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. J) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the 0&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ('Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contarninants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED. Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 \. l eDEP Transaction #:602101 WPA Form 5 - Order of Conditions `6 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER Page 7 of 10 x ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File #:242-1602 �\ WPA Form 5 -Order of Conditions eDEP Transaction #:602101 d� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No 2. The Conservation Commission hereby(check one that applies); a. ❑ DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b. ❑APPROVES the proposed work, subject to the following additional conditions. NORTH ANDOVER 1. Municipal Ordinance or Bylaw WETLANDS PROTECTION BYLAW 2. Citation CHAPTER 178 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 . WPA Form 5 - Order of Conditions eDEP Transaction #:602101 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CitylTown:NORTHANDOVER 1 E. Signatures This Order is valid for three years from the date of issuance, unless otherwise specified pursuant to General Condition 94. If this is an Amended Order of Conditions, the Amended 1. Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form. This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Enviromnental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: by Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 C11v1R 10.03 (7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not. contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Page 9 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1602 /! \ eDEP Transaction #:602101 s� WPA Form 5 - Order of Conditions city/Town:NORTx ANDOVER tt Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. .......................................................................................................................................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 351 WILLOW STREET Project Location Has been recorded at the Registry of Deeds o£ County Book for: Property Owner and has been noted in the chain of title of the affected property in: Book 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 242-1602 MassDEP File Number Page Page Rev. 4/1/2010 Page 10 of 10 x ELECTRONIC COPY DEP FILE # 242 -1602 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: construction of a wastewater treatment building with associated grading and stormwater management; installation of two underground wastewater tanks; construction of two sewer manholes, new sewer lines and a new sewer service; construction of a pump station with associated sewer force main; and installation of water and underground electric service. Portions of the work are located in the Buffer Zone to Bordering Vegetated Wetland (BVW). A Long Term Operation & Maintenance Plan is included as part of the proposal. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Property Owner/ Applicant: Bake N Joy (Muffin Realty Trust) 351 Willow Street North Andover, Massachusetts 01845 Notice of Intent/Stormwater Report filed by: John Morin The Neve -Morin Group, Inc. 447 Old Boston Road - US Route 1 Topsfield, MA 01983 Dated: August 29, 2013 Site Plans prepared by: The Neve -Morin Goup, Inc. Titled: Proposed Sewer Improvements, 351 Willow Street South (Sheets 1-3) Date: August 29, 2013 Scale 1"=20' Stamped by: John M. Morin, P.E. Other Record Documents: Long Term Operation & Maintenance Plan for Bake N Joy Date: August 29, 2013 242-1602, Willow Street 351 - Bake n Joy Sewer 1 NACC 10/18/2013 DEP FILE # 242 -1602 Stormwater Management Checklist Stamped by John M. Morin, P.E. Dated: August 29, 2013 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three e'er from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty- days(30) prior to the expiration date of the Order (Refer to Section 8.3 of the Nortl2 Andover Wetland Regulations). 242-1602, Willow Street 351 - Bake n Joy Sewer 2 NACC 10/18/2013 DEP FILE 9 242 -1602 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: 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. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25')No- Disturbance Zone and a fifty foot 50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plan referenced herein (waiver of the 25' No -Disturbance Zone and 50' No - Build Zone approved for sewer and water related infrastructure). 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. 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way 242-1602, Willow Street 351 - Bake n Joy Sewer 3 NACC 10/18/2013 DEP FILE 9 242 -1602 imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. "PRIORO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1602." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/ erosion control devices, grading, construction, and final stabilization. 242-1602, Willow Street 351 - Bake n Joy Sewer 4 NACC 10/18/2013 DEP FILE # 242 -1602 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. A row of trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the herein referenced plans. The erosion control shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. A check payable to the Town of North Andover shall be provided in the amount of $3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 47. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee 242-1602, Willow Street 351 - Bake n Joy Sewer 5 NACC 10/18/2013 DEP FILE # 242 -1602 any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 48. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 49. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" to Bordering Vegetated Wetland with signs or markers (where not already in place) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers may be obtained at the Conservation Department ($2 round/ $3 square). 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and 242-1602, Willow Street 351 - Bake n Joy Sewer 6 NACC 10/18/2013 DEP FILE # 242 -1602 shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer/ wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 52. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 53. 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. 54. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 55. All stormwater best management practices shall be continually maintained as specified in the Long Term Operation and Maintenance Plan and incorporated in the Order of Conditions. The approved Long Term 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors 242-1602, Willow Street 351 - Bake n Joy Sewer 7 NACC 10/18/2013 DEP FILE # 242 -1602 (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/ proof of annual maintenance activities as required by the Operation & Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 56. Stormwater infiltration basins/swales shall not be used for snow stockpiling. No- Salt/No-snow Stockpiling Signs shall be placed at the infiltration basin/swale and shall be maintained in perpetuity. 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 58. IMPORTANT: Immediately upon completion of the waste water treatment system building and the sludge tank pad, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by'a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation/ pad locations and their proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. Failure to comply may result in a stop work order for the site. 59. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition #48). 60. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. The herein referenced plan proposes a silt sock as a dewatering treatment if required. Further detail including the location of the dewatering baisn will need to be provided. 61. Associated pavement and roadways shall be swept at least weekly during construction or as directed by the Erosion Control monitor, the Site Supervisor, Project 242-1602, Willow Street 351 - Bake n Joy Sewer 8 NACC 10/18/2013 DEP FILE # 242 -1602 Manager, or Conservation staff for as long as the site remains exposed and un - stabilized. 62. 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. 63. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 64. 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. 65. There shall be no stockpiling of soil or other materials within fifty (50) feet of any 66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 67. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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. 242-1602, Willow Street 351 - Bake n Joy Sewer 9 NACC 10/18/2013 DEP FILE # 242 -1602 AFTER CONSTRUCTION 70. 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. 71. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), phosphorous free, and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 72. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. 73. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 74. 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. 75. 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. 242-1602, Willow Street 351 - Bake n Joy Sewer 10 NACC 10/18/2013 DEP FILE # 242 -1602 i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes as disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1602. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw, ➢ Resource Area Markers (Condition #49); ➢ Stormwater Management System Long Term Operations and Maintenance (Condition #55); ➢ No Snow-Stockpiling/No-Salt signage (Condition #56); ➢ Discharge or spillage of pollutants (Condition #69); ➢ Prohibition of underground fuels (Condition #70); 242-1602, Willow Street 351 - Bake n Joy Sewer 11 NACC 10/18/2013 DEP FILE # 242 -1602 ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #71); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #72); ➢ The attached "Long Term Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system per the plan. 242-1602, Willow Street 351 - Bake n Joy Sewer 12 NACC 10/18/2013 DEP FILE 4 242 -1602 APPENDIX A - AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKAT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the &/or of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. IN 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1602, Willow Street 351 - Bake n Joy Sewer 13 NACC 10/18/2013 LONG TERM OPERATION & MAINTENANCE PLAN for BAKE N JOY North Andover, Massachusetts August 29, 2013 The success of the stormwater management plan depends on the proper implementation, operation, and maintenance of several management components. The following procedures shall be implemented to ensure success of the Stormwater .Management plan: 1. The contractor shall refer to the details and plans for construction of the site as shown on the plans for any future alteration or maintenance of stormwater best management systems. 2. The water quality swale shall be inspected and maintained as required in Table 1. 3. Effective erosion control measures shall be implemented for any alterations of the property that will result in exposing soils to erosion. Basic Information Stormwater Management System Owner: North Andover Conservation Commission: Bake N Joy (Muffin Realty Trust) 351 Willow Street South North Andover, MA 01845 P: (978) 683-1414 1600 Osgood Street, #2035 North Andover, MA 01845 P: (978) 688-9530 F: (978) 688-9542 THE MAINTENANCE PLAN During Construction: The Contractor constructing the site and drainage system shall be responsible for maintaining the stormwater system during construction Routine maintenance of all items shall be performed in order to ensure adequate runoff and pollution control during construction. Once construction is complete, the property owner, Bake N Joy, shalt assume responsibility to operate and maintain the stormwater management components. The owner shall be responsible for all maintenance activities needed following the construction. The maintenance schedule shown in Table 1 shall be done in perpetuity. The Owner shall provide proper training to staff, as needed, who are responsible for implementing this O&M Plan. General Conditions 1. The property owner shall be responsible for scheduling regular inspections and maintenance of the water quality swate as detailed in the following long-term pollution prevention plan and illustrated on the approved design plans: "Plan Of Land Prepared For Muffin Realty Trust, 351 Willow Street South, North Andover, Massachusetts Sheets 1 of 3, 2 of 3 and 3 of 3 prepared by the The Neve -Morin Group, Inc. dated August 29, 2013 along with any revisions as approved by the Conservation Commission. 2. All Stormwater BMP's shall be operated and maintained in accordance with the design plans and the following Long -Term Pollution Prevention Plan. 3. The owner shall: a. Maintain an Operation and Maintenance Log. The Log shall include all BMP inspections, repairs, replacement activities and disposal activities (disposal material and disposal Location shall be included in the Log); b. Make the log available to the North Andover Conservation Commission upon request; c. Allow members and agents of the North Andover Conservation Commission to enter the premises and ensure that the Owner has complied with the Operation and Maintenance Plan requirements for each BMP. 4. A recommended inspection and maintenance schedule is outlined below based on statewide averages. This inspection and maintenance schedule shall be adhered to at a minimum for the first year of service of all BMP's referenced in this document. At the commencement of the first year of service, a more accurate inspection/maintenance schedule shall be determined, if required, based on the level of service for this site. Long -Terre Pollution Prevention Plan (LTPPP) Vegetated Areas: Immediately after construction, monitoring until. establishment of natural vegetation maintained as such. Vegetation shall be stabilization of the site. Water QuaLity Swales: of the erosion control systems shall occur Afterwards, vegetated areas shall be replaced as necessary to ensure proper After installation inspect the swale every month within the first few months to make sure that the vegetation in the swale becomes established. Inspect the swale twice a year once vegetation is established in the swale. During the inspection check swale for slope integrity, soil moisture, vegetative health, soil stability, soil compaction, soil erosion, ponding and sedimentation. The following maintenance is required: Mow swales at least once per year, do not cut the grass shorter than three to four inches. Do not let grass height exceed six inches. At least once per year manually remove sediment and debris. Periodically re -seed, if required, to maintain a dense growth of vegetation. Debris & Litter: All debris and litter shall be removed from the parking area as necessary to prevent migration into the drainage system. Pesticides, Herbicides, and Fertilizers: Pesticides and herbicides shall be used sparingly. Fertilizers shall be restricted to the use of organic fertilizers only. All fertilizers, herbicides, pesticides; sand and salt for deicing and the like shall be stored in dry area that is protected from weather. Public Safety Concerns: Chemicals shall be stored in a secure area to prevent children from obtaining access to them. Any major spills shalt be reported to municipal officials. Prevention Of Illicit Discharges: Illicit Discharges To The Stormwater Management System Is Not Allowed. Illicit Discharges Are Discharges That Are Not Comprised Entirely Of Stormwater. Pursuant To Mass. DEP Stormwater Standards The Following Activities Or Facilities Are Not Considered Illicit Discharges: Firefighting, water tine flushing, landscape irrigation, uncontaminated groundwater, potable water sources, foundation drains, air conditioning condensation, footing drains, individual resident car washing, flows from riparian habitats and wetlands, dechlorinated water from swimming pools, water used for street washing and water used to clean residential building without detergents. To Prevent Illicit Discharges To The Stormwater Management System The Following Policies Shall Be Implemented: 1. Provisions for storing materials and waste products inside or under cover. 2. Vehicle maintenance and washing controls. 3. Requirements for routine inspections of the stormwater management system. 4. 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N c ,a) V ~U V = i+ U C . � _O d 3 — � A N Q C3' a)�- C CD cy W E a Q E L v y � E ° Z3 Lo ° v m L a% (n = Massac,'rusEits De rt=nt of .Environmental Protection >� DEP File Number Bureau. of Resource Protection — Wetlands 242-966 3i?d ForOrder Of Conditions for DEP use only land North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Protection BylaW. Applicant Information From: NORTH ANDOVER Consawaim Commission For: 242-966- Project 42-966 Proje t File Number To: Robert Ogan, CEO Bake -n -Joy Foods App(rrarx Name 351 Willow Street MailingMdT= North Andover, MA 01845 City/Town .late ap Code The project site is located at: NORTH ANDOVER City/fown Map 25 Assessors b!aorPlat t Parcel 16 and the property is recorded at the egistry of Deeds f Essex 2 6 0e; 8 ccUnry Book Page Cztintvte (ilnrXeret !and) Findings .Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this commission finds that the area in which work is proposed is significant to the following interests of the Wetlands Protection Act (check all that apply): CR. Public Water Supply Private Water Supply Groundwater Supply L Flood Control Land Containing She!lfish CR Fisheries Storm Damaee Prevenuon LR Prevenuon of Pollution CX- Protection of Wildlife Habitat The Notice of Intent for this project was Fled on: June 3, 1999 Date The public hearing was closed on: August 18, 1999 Date Title and Date of final Plans and Other Documents: daed April 30,. I�-ey1u1u a(o. 1g99 Furthermore, this Commission hereby finds that 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, to protect those interests checked above. This Commission orders that all the 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. n..,... , ..c c April 26, 1999 THONf�LS �.NEVE _1SSOCLALTES, INC. V 1� North Andover Planning Board 27 Charles Street - North Andover, MA 01845 Re: Site Plan Review Application Bake -n -Joy Foods, Office Fit -up and Storage Addition Proposal 351 Willow Street, North Andover, MA 01845 Dear Board Members: The Bake -n -Joy Company in the North Andover Business Park is a 75,000 SF facility that includes business office and various food processing operations. It was constructed in 1986 (Special Permit Fall 1985) and a 13,000 SF freezer area was added in 1994 (Special Permit July 1993). Its products consist of dry & wet mixes for cakes and muffins which are sold to supermarkets, food service distributors and bakeries. Bake -n -Joy also produces frozen batters for the same market. The proposed additions are as follows: 1. Fitzun An 8,000 SF Fit -up of an existing unfinished Office Mezzanine Level. This work is entirely internal and would only effect the exterior of the building by the installation of windows over the existing offices. Additional roof mounted HVAC units will not be visible from Willow Street. 2. Addition An 11,350 SF Storage Addition at the south west corner of the building. This addition will expand the storage for dry mixed products. The addition will have a height of approximately 35 FT and be enclosed by a concrete block wall painted white to match the south side of existing building. The addition will have a 15 FT wide paved access lane around the west & south sides. Proposed openings will consist of an exit/pass door and a two loading docks. There will not be any roof mounted HVAC units required. The proposal(s) have the following other features. 1. Prig and Personnel The proposed fit -up and addition will increase the parking requirement from 76 spaces (1993 Special Permit) to 115 spaces ( see table on plans). This requirement can be met by restriping existing paved areas and by the expansion of the front parking lot to include 16 new spaces. In consideration • ENGINEERS LAND SURVEYORS LAND USE PLANNERS 447 Old Boston Road U.S. Route =1 Topsfield, MA 01983 (978) 887-8586 FAX (978) 887-3480 v North Andover Planning Board April 26, 1999 Page 2 of the fact that the actual projected personnel increase is only 5-6 persons the company wishes the Board to consider conditioning the permit such that the 16 new spaces at the site entrance could be constructed on an as needed basis at a later date. 2. Utilities - The company does note propose any changes with regard to utilities. 3. Landscaping - The company does not propose landscaping in addition to what is already in place (see attached photo). 4. Truck Operations & Traffic - Truck & traffic characteristics are unchanged from 1993. Daytime truck operations involve anywhere from 5-20 pickups and deliveries per day by tractor trailer or straight bodied trucks some of which belong to Bake -n -Joy, others to its customers and suppliers. There are also occasional deliveries of bulk materials at the southeast corner of the building. Nighttime operations consist of the loading, Sunday - Thursday, of up to six trucks owned by Bake -n -Joy by a four -person crew. These trucks are equipped to carry dry and wet mix as well as frozen products. They are loaded between 5:00 pm and 2:00 a.m. They depart the property at 5:00 a.m. to make deliveries, returning later in the day. The proposed loading docks will improve efficiency by providing greater flexibility for loading existing trucks. The company does not foresee a need for more trucks in the future. 5. Lighting _& Sound Control - The company does not propose any additional exterior lighting at the front of the facility. New lighting for the storage addition would consist of a wall mounted fixture at the exit door which is required by the building code, and three adjustable floodlights mounted on the south, west and north walls for security. These fixtures will have 100 watt metal -halide bulbs and will not shine light off the property consistent with the lighting arrangements that were approved in 1993. As concerns noise control the proposed loading docks will be well screened by the substantial earth berm that was constructed along the rear of the loading area for that purpose in1994. Further this addition, being dedicated to dry goods, will not cause an increase in the number of refrigeration trucks which became the focus of discussion on this issue at the 1993 Public Hearing. The success of the company's efforts to control off-site illumination & noise is evidenced by the return of security by the Planning office after completion of the last phase. North Andover Planning Board April 26, 1999 Page 3 6. Conservation- Both parts of this project are in wetland buffer zones. A Notice of Intent will be filed with the North Andover Conservation Commission before the Public Hearing. In summation, the proposed office fit -up and storage addition will not be responsible for any significant changes in the personnel needs or the intensity and characteristics of use of the Bake -n -Joy plant as it presently exists. Thank you for your consideration. Sincerely, THOMAS E. NEVE ASSOCIATES, INC. James Bourgeois, Project Manager on behalf of Bake -n -Joy Foods & Rivermoor Engineering JB/JP cc: Robert Ogan, Bake -n -Joy Foods Paul Depew, Bake -n -Joy Foods Brian Jones, Rivermoor Engineering & Assoc. Inc. 1230napb.wps t r Y .;i o j � �► � _ � � �S',�E fir'' 4�'�� .� *`��„ �� w ^3 GNAM .....�...� w. m% % m% CONSERVATION DEPARTMENT Community Development Division November 5, 2007 Mr. Paul W. DePew Plant Engineer Bake'n Joy Foods, Inc. 351 Willow Street, South North Andover, MA 01845 RE: Site Visit at Bake'n Joy Foods, Inc., at 351 Willow Street, North Andover Dear Mr. DePew, At your request, the North Andover Conservation Department met with you on site to discuss several items at the above -referenced property. The first item is the installation of a french drain along the front entrance of the building. The lack of roof top drainage has resulted in water damage along the existing retaining wall and sidewalk. The drain will be installed along the front perimeter of the building and on the backside of the retaining wall. The perforated pipe would daylight greater than 25 -feet from the adjacent wetland resource area. Erosion controls shall be installed where the pipe shall daylight to prevent any material from entering into the wetland. Secondly, the facility needs to replace a 2 -foot wide by 23 -feet long section of existing pavement along the syrup tank pad located along the southern facade of the building. This area is located outside of the 25 -foot No Disturbance Zone. The pavement will be substituted (in kind) with concrete to add additional support to the tank pad. Based on our discussion, there will be no new grading associated with this work and since it is an in kind replacement of surface material, a filing with the Conservation Commission is not warranted. Lastly, there are some trees located along both sides of the compressor area on the southwestern side of the building that you wish to prune, as some of the branches interfere with the function of the security cameras. You identified six (6) trees in total that would be pruned so that their branches do not block the cameras. Specifically, two (2) red oak and two (2) red maple trees are located on the edge of the bordering wetland and the other two (2) red maples are located in the 25 -foot No Disturbance Zone. Removal of any trees in this area is not allowed unless authorized by this department. Please contact the undersigned by phone or email when you have scheduled the trees to be removed. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/N:-lndoveriNLLk_Conservation/index 1 b I trust this information is sufficient for your needs. Should you have any questions or comments regarding this letter, please do not hesitate to contact the undersigned at your earliest convenience. Respectfully, NORTH ANDOVER CONSERVATION DEPARTMENT Pamela A. Mer ' Conservation Associate pmerrillntownofnorthandover. com 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://-,vw-w.townofnorthandover.com/Pages/NAndoverNLA-Conservation/index Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 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 A. General Information i. From: North Andover Conservation Commission 2. This issuance is for (check one): a. ® Order of Conditions 3. To: Applicant: Muffin Realtv Trust a. First Name c/o The Neve -Morin Group, Inc. c. Organization 447 Boston Street Cl. Mailing Address Topsfield e. City/Town 4. Property Owner (if different from applicant): Same a. First Name c. Organization d. Mailing Address e. City/Town f. State 5. Project Location: 351 Willow Street a. Street Address Map 25 c. Assessors Map/Plat Number Latitude and Longitude, if known: - b. Last Name MA f. State b. Last Name 242-1465 MassDEP File Number Document Transaction Number North Andover City/Town b. ❑ Amended Order of Conditions North Andover b. City/Town Parcel 76 d. Parcel/Lot Number e. Latitude 01983 g. Zip Code g. Zip Code 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) v c. Book d. Page 7. Dates: 11/6/09 12/2/09 12/3/09 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan of Land Showing 4,500 Gallon Grease Interceptor a. Plan Title The Neve -Morin Group, Inc. John M. Morin, P. E. b. Prepared By c. Signed and Stamped by 11/16/09 1" = 40' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date wpaform5.doc • rev. 11/08 Page 1 of 11 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, §40 242-1465 MassDEP File Number Document Transaction Number North Andover City/Town B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the 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: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ 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 the interests of the Act, - and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ 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. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 18' Bank or Bordering Vegetated Wetland boundary (if available) a. linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land Under Waterbodies a. square feet b. square feet c. square feet d. square feet and Waterways e. c/y dredged f. c/y dredged wpaform5.doc • rev. 11/08 'Page 2 of 11 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, §40 242-1465 MassDEP File Number Document Transaction Number North Andover C ity/Town B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet C. square feet d. square feet h. cubic feet f. cubic feet j. square feet 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. Cubic Feet Flood Storage Coastal Beaches e. cubic feet f. cubic feet g. cubic feet 8. El Isolated Land Subject Coastal Dunes to Flooding a. square feet b. square feet 15. Cubic Feet Flood Storage Coastal Banks c. cubic feet d. cubic feet e. cubic feet 9. ❑ Riverfront Area Rocky Intertidal Shores a. total sq. feet b. total sq. feet 17. Sq ft within 100 ft Salt Marshes c. square feet d. square feet e. square feet 18. Sq ft between 100-200 ft Land Under Salt Ponds g. square feet h. square feet i. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean g. square feet b. square feet h. cubic feet f. cubic feet j. square feet 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a. square feet 14. ❑ Coastal Dunes a. square feet 15. ❑ Coastal Banks a. linear feet 16. ❑ Rocky Intertidal Shores a. square feet 17. ❑ Salt Marshes a. square feet 18. ❑ Land Under Salt Ponds a. square feet 19. ❑ Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above b. linear feet b. square feet d. c/y dredged 21. ❑ Land Subject to Coastal Storm Flowage a. square feet b. square feet wpaform5.doc• rev. 11/08 Page 3 of 11 Massachusetts Department of Environmental Protection 242-1465 Bureau of Resource Protection - Wetlands MassDEP File Number Ll WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 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, "MassDEP"] "File Number . 242-1465 wpaform5.doc • rev. 11/06 Page 4 of 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Ll)( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1465 MassDEP File Number Document Transaction Number North Andover City/Town G. 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 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 mainfained anti! 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 18. The work associated with this Order (the "Project") is (4) ® is not (2) ❑ subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. wpaform5.doc• rev. 11/08 Page 5 of 11 ' Lj\ 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, §40 242-1465 MassDEP File Number Document Transaction Number North Andover City/Town L;. Veneral Gonditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a_Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. C) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 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 design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc • rev. 11/08 Page 6 of 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1465 MassDEP File Number Document Transaction Number North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1.. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document).- D. ocument): D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover Conservation Commission hereby finds (check one that applies): 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. wpaform5.doc• rev. 11/08 Page 7 of 11 ' Lj\ 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, §40 242-1465 MassDEP File Number Document Transaction Number North Andover CitylTown Li. rindings Under Municipal Wetlands Bylaw or Ordinance (cont.) b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw Chapter 178 1. Municipal Ordinance or Bylaw 2. Citation I The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See Attached wpaform5.doc • rev. 11/o8 Page 8 of 11 DEP FILE # 242 -1465 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 19. The proposed work includes: installation of 415 +/- linear feet of sewer line and a 4,500 gallon grease interceptor at a commercial bakery at 351 Willow Street. Work is proposed within 18 -feet of a Bordering Vegetated Wetland (BVW). 20. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant: Muffin Realty Trust 351 Willow Street North Andover, MA 01845 Notice of Intent filed by: Greg Plochnauth The Neve -Morin Group, Inc. 447 Boston Street Topsfield, MA 01983 Dated: 11/06/09 Site Plans prepared by: John M. Morin The Neve -Morin Group, Inc. 447 Boston Street Topsfield, MA 01983 Titled: Plan of Land in North Andover, Mass. showing 4,500 Gallon Grease Interceptor Dated: October 8, 2009 Revised: October 30, 2009 and November 16, 2009 Other Record Documents: Letter from The Neve -Morin Group, Inc. Including Dewatering Basin Sketch Dated: November 24, 2009 21. 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 242-1465 351 Willow St.doc 1 NACC 12/3/2009 DEP FILE # 242 -1465 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. This Order of Conditions is issued in addition to those issued under File #s 242-966 and 242-647. 27. The work authorized hereunder shall be completed within three , ears from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order. 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 242-1465 351 Willow St.doc 2 NACC 12/3/2009 DEP FILE # 242 - 1465 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a lirnited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This 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 this resource area to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas (Wetland Flags 105-129 and WF300-306) on the site as shown on the revised plans dated referenced herein. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fift foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: Waiver of the 25 -foot No -Disturbance Zone for sewer installation and on-site areas previously developed and depicted on the approved 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. 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of -failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 242-1465 351 Willow St.doc 3 NACC 12/3/2009 DEP FILE # 242 -1465 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1465." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of restoration areas, installation of sedimentation/ erosion control devices and re -vegetation to be completed before other work begins on-site. 43. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 242-1465 351 Willow St.doc 4 NACC 12/3/2009 DEP FILE # 242 -1465 44. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 45. All catch basins in the proposed work area shall be lined with silt sacks until the site is permanently stabilized. 46. 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,1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $1,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 48. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once 242-1465 351 Willow St.doc 5 NACC 12/3/2009 DEP FILE # 242 -1465 during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 49. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" with signs or markers spaced evenly every 30 feet (where not currently in place) incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance -with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, 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 242-1465 351 Willow St.doc 6 NACC 12/3/2009 DEP FILE # 242 - 1465 reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). 11STORMWATER MANAGEMENT CONDITIONS 52. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 53. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 54. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site DURING CONSTRUCTION 55. Upon beginning work, the applicant shall submit written weekly progress 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. 56. Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to de -watering is occurring and until this section is complete. De -watering activities shall be conducted outside the 100 -foot buffer zone 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. 57. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 242-1465 351 Willow St.doc 7 NACC 12/3/2009 DEP FILE # 242 -1465 58. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. Disturbed areas shall be loamed and seeded by November 1 each year. Areas that are not stabilized prior to the end of the growing season shall be mulched/matted as appropriate until stabilization with loam and seed can be established. 59. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 60. There shall be no stockpiling of soil or other materials within 100 feet of any resource area. Material stockpiles shall be located as shown on the approved plan. Stockpiles shall be surrounded by erosion control to prevent the migration of sediment into the stormwater system or adjacent resource areas. 61. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 62. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 63. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 64. 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 65. No underground storage of fuel oils shall be allowed on any lot within one -hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 66. 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 242-1465 351 Willow St.doc 8 NACC 12/3/2009 DEP FILE # 242 -1465 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. 67. Permanent signs designating "No -Salt Zone" and "No -Snow Stockpiling Zones" shall be re -posted in prominent locations as required in DEP File# 242-966. 68. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 69. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 70. 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. 242-1465 351 Willow St.doc 9 NACC 12/3/2009 DEP FILE # 242 - 1465 ➢ 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 an disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area markers (Condition #49) ➢ Discharge or spillage of pollutants (Condition # 64); ➢ Prohibition of underground fuels (Condition #65); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #66). ➢ No Snow Stockpiling (Condition #67) 241-1465 351 Willow St.doc 10 NACC 12/3/2009 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 , — E. Signatures and Notary Acknowledgement 242-1465 MassDEP File Number Document Transaction Number North Andover C ity/Town This Order is valid for three years, unless otherwise specified as a special / a .-2, o condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Iss nce 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 applicant. Sig. Commonwealth of Massachusetts County of On this Day 3 rd of Before me, the undersigned Notary Public, personally appeared Essex North -r!��' c"�",m LSC k' ::� t�� �• Month Year John Mabon Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License ipuun of evidence or iaentincatlon 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 DONNA M. WEDGE WTMY PW oorruoewAT aFwtssr userrs My Came. E*kW July 15, 2016 Place notary seal and/or any stamp above. This Order is issued to the applicant as follows: ❑ by hand delivery on Date Conservation Commission Signature of Notary Public °� D Printed Name of Notary Public 7/ /5-/--,)e/6, My Commissiofi Expires (Date) E] -'by certified mail, return receipt requested, on Z,41, -3d fc� Date wpaform5.doc • rev. 11108 Page 9 of 11 LlMassachusetts 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 1% Appeals 242-1465 MassDEP File Number Document Transaction Number North Andover City/Town 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 providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (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 Rage. wpaform5.doc• rev. 11/08 Page 10 of 11 \ 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 G. Recording Information 242-1465 MassDEP File Number Document Transaction Number North Andover City/Town This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 351 Willow Street Project Location Has been recorded at the Registry of Deeds of: Essex North County for: Muffin Realty Trust Property Owner 242-1465 NlassDEP File Number Book and has been noted in the chain of title of the affected property in: Book In accordance with the Order of Conditions issued on: Date rage If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: uuumem rvumDer yumuic ui rANNn Page wpaform5.doc • rev. 11/08 Page 11 of 11 DEP FILE # 242 -1465 APPENDIX A - AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the &/or of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. FM 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1465 351 Willow St.doc 1 l NACC 12/3/2009 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction #:338195 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER A. General Information 1. Conservation Commission NORTHANDOVER 2. Issuance a. F OOC b. -1 Amended OOC 3. Applicant Details a. First Name b. Last Name c. Organization MUFFIN REALTY TRUST, C/O THE NEVE-MORIN GROUP, INC. d. Mailing Address 447 BOSTON STREET e. City/Town TOPSFIELD f. State MA g Zi- Code 4. Property Owner a. First Name c. Organization MUFFIN REALTY TRUST d. Mailing Address 351 WILLOW STREET e. City/Town NORTH ANDOVER 5. Project Location a. Street Address 351 WILLOW STREET SOUTH b.City/Town NORTH ANDOVER d. Assessors Map/Plat# 25 f. Latitude 42.65858N 6. Property recorded at the Registry of Deed for: a. County b. Certificate NORTHERN ESSEX 7.Dates b. Last Name 01983 f. State MA g. Zip Code c. Zip Code 01845 e. Parcel/Lot# 76 g. Longitude 71.11544W c. Book d. Page 25 76 a. Date NOI Filed: 8/18/2010 b. Date Public Hearing Closed: 10/13/2010 c. Date Of Issuance: 10/15/2010 8.Final Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: PROPOSED NEVE-MORIN PARKING LOT GROUP, INC. JOHN M. MORIN, P.E. September 20, 2010 1"=40' EXPANSION B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act 01845 Page 1 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction 4:338195 ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.NORTH ANDOVER LI" R Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. f �1 Public Water Supply b. ❑ Land Contanvng Shellfish c. r Prevention of Pollution d. r Private Water Supply e. r7 ii Fisheries f. ry_�J Protection of Wildlife Habitat g. R✓i Ground Water Supply h. r Storm Damage Prevention^ y i. r Flood Control 2. Commission hereby finds the project, as proposed, is: Approved subject to: a. of The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. r The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. r Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource 45 area specified in 310CMR10.02(1)(a). a. linear feet Inland Resource Area Impacts:(ForApprovals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ('1 Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. 171 Land under Waterbodies and Waterways a. square feet b. square feet c. square feet d. square feet 7. ❑ Bordering Land Subject to Flooding e. c/y dredged f. c/y dredged a. square feet b. square feet c. square feet d. square feet Page 2 of 10 * ELECTRONIC COPY I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 r WPA Form 5 - Order of Conditions eDEP Transaction #:338195 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town.-NORTH ANDOVER Cubic Feet Flood Storage 8.1771Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. F Riverfront Area Sq ft within 100 ft Sq ft between 100-200 ft e. cubic feet f. cubic feet g. cubic feet h. cubic feet a. square feet b. square feet c. cubic feet d. cubic feet e. cubic feet f. cubic feet a. total sq. feet b. total sq. feet c. square feet d. square feet e. square feet f. square feet g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. r-1 Designated Port Areas Indicate size under Land Under the Ocean, below 11. F Land Under the Ocean a square feet b. square feet c. c/y dredged d. c/y dredged 12. r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. r Coastal Beaches a square feet b. square feet c. c/y nourishment d. c/y nourishment 14.1 Coastal Dunes a square feet b. square feet c. cly nourishment d. Uy nourishment 15. F-1 Coastal Banks a. linear feet b. linear feet 16.1 Rocky Intertidal Shores a square feet b. square feet 17. r Salt Marshes a square feet b. square feet c. square feet d. square feet - eet18.11 18. f—,'Land Under Salt Ponds a square feet b. square feet c. c/y dredged d. c/y dredged 19. F Land Containing Shellfish a square feet b. square feet c. square feet d. square feet Page 3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: - Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction #:338195 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER Indicate size under Coastal Banks, inland Bank, Land Under the 20. r Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. Ej Land Subject to Coastal Storm Flowage c. c/y dredged d. c/y dredged a. square feet b. square feet 22. C Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c.& d or B. 17.c & d above, please entered the additional amount here. a. square feet of BV W b. square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not fmal until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, Page 4 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction #:338195 s Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTH ANDOVER the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, " Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number :"242-1494" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition # 13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1) r is not (2) h subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions; a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction #:338195 a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and H.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi -Sector General Pemlit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1J Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction #:338195 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTH ANDOVER Page 7 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction #:338195 i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER D. Findings Under Municipal Wetlands Bylaw or Ordinance 1 • Is a municipal wetlands bylaw or ordinance applicable? r Yes ❑ No 2• The Conservation Commission hereby(check one that applies): a. ❑ DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b. n APPROVES the proposed work, subject to the following additional conditions. NORTH ANDOVER 1. Municipal Ordinance or Bylaw WETLANDS 2. Citation CHAPTER 178 p y PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED Page 8 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1494 WPA Form 5 - Order of Conditions eDEP Transaction #:338195 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance, unless otherwise specified / Mn %D pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended 1. Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form. This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: Date F. Appeals Date /d//,r//o The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeldng to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Page 9 of 10 * ELECTRONIC COPY DEP FILE # 242 -1494 APPENDIX A - AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the &/or of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 10 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1494,351 Willow St, Muffin Rlty.doc 14 NACC 10/14/2010 DEP FILE # 242 -1494 ➢ 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� disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 87. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25 -foot No -Disturbance Zone and 50 -foot No -Build Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP # 242-1494. 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 the setbacks as established under this Order; ➢ Resource Area Markers (Condition #50); ➢ 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 #59); ➢ All catch basins shall contain oil/ gasoline traps and shall be maintained (Condition #67); ➢ Discharge or spillage of pollutants (Condition # 78); ➢ Prohibition of underground fuels (Condition #79); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #81 & #82); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #83); ➢ The approved "Stormwater Operations and Maintenance Plan" shall be adhered to. No additional filings will be required to conduct maintenance of the above referenced system and plan (Condition #54). 242-1494,351 Willow St, Muffin Rlty.doc 13 NACC 10/14/2010 DEP FILE # 242 -1494 83. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. 84. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 85. 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. 86. 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. 242-1494,351 Willow St, Muffin Rlty.doc 12 NACC 10/14/2010 DEP FILE # 242 -1494 77. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 78. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION J1 79. No underground storage of fuel oils shall be allowed on any lot within one -hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 80. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation and Maintenance Plan and perpetual conditions mandated in this Order. In addition to this contract, the applicant shall submit an Affidavit from the assignee (s) acknowledging the Stormwater Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation and Maintenance Plan and other perpetual conditions mandated in this Order. 81. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. In addition, permanent signs designating "No -Salt Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the No -Disturbance Zone as approved by the Conservation Department and as required in DEP #242-1465. 82. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 242-1494,351 Willow St, Muffin Rlty.doc 11 NACC 10/14/2010 DEP FILE # 242 -1494 pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 69. Pavement and roadways shall be swept weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un -stabilized. 70. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 71. 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 jute matting or by other means approved by the NACC until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized by means approved by the NACC. 72. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with jute matting or by other means approved by the NACC until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 73. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 74. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a wetland resource area. 75. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Soils or other materials shall be stockpiled in locations approved by this department or within the designated areas as shown on the approved plans referenced herein. Further, due to the existing grade on the site, any approved temporary stockpile areas shall be adequately surrounded by erosion controls to prevent migration of soils off-site. 76. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. A washing area for concrete trucks shall be identified prior to construction. 242-1494,351 Willow St, Muffin Rlty.doc 10 NACC 10/14/2010 DEP FILE # 242 -1494 61. Construction sequencing shall be followed throughout all phases of construction as detailed in the submitted construction schedule, thereby minimizing any unnecessary impacts to the wetland resource areas. 62. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 63. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 64. The existing access drive shall serve as the construction entrance for the project and shall be swept weekly to remove sediment deposited by construction vehicles accessing the site. If an alternative access is used, a crushed stone construction entrance shall be installed at the designated access location as shown on the approved plans referenced herein to minimize soil/material tracking onto the roadways and paved surfaces. This entrance shall be reinforced and cleaned as necessary throughout the duration of construction. 65. 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. 66. All existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project shall be protected by Silt Sacks or other approved method to prevent sediment from entering the drainage system. Silt Sacks or other catch basin protection shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this Order have been permanently stabilized and the NACC and/or Conservation Department has formally approved their removal. 67. 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. 68. Approved de -watering activities 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. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the NACC or its administrator for approval, which provides for the 242-1494,351 Willow St, Muffin Rlty.doc 9 NACC 10/14/2010 DEP FILE # 242 -1494 54. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved Operation and Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 55. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying that the drainage system is working as designed and shall include any maintenance invoices for cleaning and repairs. The first report shall be submitted to the NACC as soon as the first stormwater structure goes on-line and reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 56. 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. 57. Water quality down gradient of BVW 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. 58. 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 and Maintenance Plan attached herein and the associated stormwater management conditions mandated herein. 59. 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 60. Upon beginning work, the applicant shall submit written weekly progress detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 242-1494,351 Willow St, Muffin Rlty.doc 8 NACC 10/14/2010 DEP FILE # 242 -1494 50. Prior to construction, if not already completed under DEP File #242-1465, the applicant shall permanently mark the edge of the "25' No -Disturbance Zone' and the edge of the retaining wall with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and signs stating associated rules (1 square sign for every 3 round). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, such as a Management Company, Homeowner's Association or individual, subject to said Orders of Conditions, the "Compliance Certification Form" Affidavit (attached herein) signed under the pains and penalties of perjury, stating that said applicant has read these Orders of Conditions and is in compliance with each and every condition. If portions of said land are transferred to different parties, such as individual unit owners, each party is subject to this Condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, contractor, engineer, wetland scientist/ environmental monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. All construction and post -construction stormwater management systems shall be constructed in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent, this Order of Conditions, and the approved Operation and Maintenance Plan attached herein. 242-1494,351 Willow St, Muffin Rlty.doc 7 NACC 10/14/2010 DEP FILE # 242 -1494 additional silt fence, and catch basin protection (silt sacks). Said supplies shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $7,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 48. The applicant shall designate a Wetland Scientist or other environmental professional as approved by the NACC or its agent, as an "Erosion Control Monitor (ECM)" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices (Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC). The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. During the placement of engineered fill, the ECM should inspect and submit reports confirming that the engineered slope is built in accordance with the plans approved and referenced herein. Reports shall confirm slope construction details such as placement of filter fabric between fill and stone as well as placement of required erosion controls. 49. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report and photographs from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 242-1494,351 Willow St, Muffin Rlty.doc 6 NACC 10/14/2010 DEP FILE # 242 -1494 call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including a dated timetable of soil disturbance, the construction of compensation and retention areas, installation of sedimentation/ erosion control devices, phasing associated with the development, the construction of the associated stormwater management structures, and landscaping activities. This timetable must continue to be updated monthly throughout the project. 44. Wetland flagging shall be checked prior to the start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil or construction activity is to occur beyond this line at any time. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plan approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions -on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales, 242-1494,351 Willow St, Muffin Rlty.doc 5 NACC 10/14/2010 DEP FILE # 242 -1494 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. This Order of Conditions is issued in addition to those issued under File #s 242-966, 242- 647, and 141-1465. A Certificate of Compliance for 242-1465 was approved on 10/13/2010. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1494." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will 242-1494,351 Willow St, Muffin Rlty.doc 4 NACC 10/14/2010 DEP FILE # 242 -1494 until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within threes from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days(30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to BVW. These resource areas are significant to the interests of the Act as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource area: WF301- WF312 and WF105 - WF129. The BVW was delineated by The Neve -Morin Group, Inc. in June of 2009. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except where these zones were previously developed as shown on the herein referenced plans. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. 242-1494,351 Willow St, Muffin Rlty.doc 3 NACC 10/14/2010 DEP FILE # 242 -1494 Prepared by: The Neve -Morin Group, Inc. Date: July 26, 2010 Operation & Maintenance Plan for 351 Willow Street North Andover, MA Prepared by: The Neve -Morin Group, Inc. Date: July 26, 2010 and Revised: Sept. 20, 2010 Stormwater Review: Email correspondence prepared by Lisa Eggleston to Jennifer Hughes (Conservation Administrator) and Judy Tymon (Town Planner), dated August 20,2010; Response email correspondence prepared by John Morin of Neve -Morin Group, Inc. dated September 8, 18, 20 & 21, 2010. Email correspondence from Lisa Eggleston to John Morin of Neve -Morin Group, Inc. dated September 16 & 21, 2010 Email correspondence from John Morin to Jennifer Hughes, dated September 20, 2010. 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00) and associated 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 242-1494,351 Willow St, Muffin Rlty.doc 2 NACC 10/14/2010 DEP FILE # 242 -1494 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 to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: The expansion of an existing parking facility, construction of a retaining wall and installation of a stormwater management area. Portions of the work are within the 100 -foot Buffer Zone to Bordering Vegetated Wetland (BVW). 21. The work shall conform to the following: Applicant: Property Owner: Notice of Intent Filed by: Site Plans prepared by: Muffin Realty Trust c/o The Neve -Morin Group, Inc. 447 Boston Street Topsfield, MA 01983 Muffin Realty Trust 351 Willow Street North Andover, MA 01845 Greg Hochmuth The Neve -Morin Group, Inc. Date filed: July 30, 2010 The Neve -Morin Group, Inc. Stampeded by: John M. Morin, P.E Record Plans: "Plan of Land in North Andover, Mass. Showing Proposed Parking Lot Expansion 351 Willow Street South" Sheets 1- 4 Dated: July 26, 2010 and last revised September 20, 2010 Sheet 1 of 4 Proposed Site Development (1"=40') Sheet 2 of 4 Proposed Site Development (1"=20') Sheet 3 of 4 Construction Details Sheet 4 of 4 Construction Details Record Documents: Hydrologic Analysis of 351 Street South North Andover, MA 242-1494,351 Willow St, Muffin Rlty.doc 1 NACC 10/14/2010 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 813 — 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: 2. Muffin Realtv Trust DEP File Number: 9A9_1dR.F; rrovraea ay utr Name c/o The Neve -Morin Group, Inc. 447 Boston Street Mailing Address Topsfield MA 01983 Cityrrown State Zip Code This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Muffin Realty Trust Name December 3, 2009 242-1465 Dated DEP File Number 3. The project site is located at: 351 Willow Street Street Address Map 25 Assessors Map/Plat Number North Andover Citylrown Parcel 76 Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner (if different) Essex North 11911 184 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 10/12/10 Date wpafrm8b.doc • rev. 12/23/09 WPA Form 8B, Certificate of Compliance - Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1465 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 71 C. Authorization Issued by: North Andover Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass..qov/dep/about/region/findyour.htm). Signatures: wpafrm8b.doc • rev. 12/23/09 WPA Form 86, Certificate of Compliance - Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L, i WPA Form 8B — Certificate of Compliance 242-1465 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: 351 Willow Street 242-1465 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 Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc • rev. 12/23/09 WPA Form 813, Certificate of Compliance • Page 3 of 3