HomeMy WebLinkAboutMiscellaneous - 384 OSGOOD STREET 4/30/2018 (6)Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1648
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
Bruce Thibodeau, P. E. Director, North Andover Division of Public Works
only the tab key
Name
to move your
384 Osgood Street
cursor - do not
use the return
Mailing Address
key.
North Andover MA 01845
City/Town State Zip Code
r�
2.
This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Town of North Andover Division of Public Works
Name
March 25, 2015 242-1648
Dated DEP File Number
3.
The project site is located at:
Chestnut Street/Rosemont Drive North Andover
Street Address City/Town
Map 98D Street ROW
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 14221 291
County Book Page
Certificate
4.
A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
11/3/15
Date
wpafrm8b.doc • rev. 5/29/14
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
242-1648
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Conditions has lapsed and is therefore no longer valid.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:
72
C. Authorization
Issued by:
North Andover
Conservation Commission
wpafrm8b.doc • rev. 5/29/14
0 4 ) J5
Date 6f Is uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
WPA Form 8B, Certificate of Compliance • Page 2 of 3
W' b
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
f WPA Form 8B — Certificate of Compliance
242-1648
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:
Chestnut Street/Rosemont Drive 242-1648
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
for:
Essex Northern
County
Town of North Andover Division of Public Works
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 813, Certificate of Compliance • Page 3 of 3
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1650
WPA Form 5 - Order of Conditions eDEP Transaction #:738804
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NORTH ANDOVER
A. General Information
1. Conservation Commission NORTHANDOVER
2. Issuance a. r OOC b. G Amended OOC
3.,App�licant Details
a. First Name BRUCE b. Last Name THIBODEAU
c. Organization TOWN OF NORTH ANDOVER DPW
d. Mailing Address 384 OSGOOD STREET
e. City/Town NORTH ANDOVER f. State MA g. Zip Code 01845
4., Property QWjier _ _ __ .._ .... _ .. T • _ k
a. First Name b. Last Name
c. Organization TOWN OF NORTH ANDOVER
d. Mailing Address 120 MAIN STREET
e. City/Town NORTH ANDOVER f. State MA g. Zip Code 01845
5.Protect Location. _
a.Street Address 1653 GREAT POND ROAD
b.City/rown NORTH ANDOVER c. Zip Code 01845
d. Assessors Map/Plat# 62 e. Parcel/Lot# 22
f. Latitude 42.71426N g. Longitude 71.10007W
6.:Property,recorded=at the.^Registry,of Deda for;-
a. County b. Certificate c. Book d. Page
NORTHERN ESSEX 1268 299
7,Dates '
a. Date NOI Filed: 4/15/2015 b. Date Public Hearing Closed: 5/13/2015 c. Date Of Issuance: 5/14/2015
9.- ina1 Approyed,Plans and Other�Documents, _ ;
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
SEWER SYSTEM
IMPROVEMENTS WOODARD &
(SHEETS G001, JACOB C. TROIDL 4/27/15 1"=10'
C101-103, & C501-
CURRAN
504)
Page 1 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1650
t . WPA Form 5 - Order of Conditions eDEP Transaction #:738804
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTH ANDOVER
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. E Public Water Supply � b. r Land Containing Shellfish - c. G, Prevention of Pollution
d. �, Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat
g. E1 Ground Water Supply h. � Storm Damage Prevention L E Flood Control
2: Commission hereby finds the project, as proposed, is: .
Approved subject to:
a. 9 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. 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
area specified in 310CMR10.02(1)(a). a. linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. C 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. r Land under Waterbodies and Waterways
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 #:242-16 50
� WPA Form 5 -Order of Conditions
eDEP Transaction #:73 8804
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/Town.-NORTH AND OVER
dredged..•
f c%y dredged'
7. R1 Bordering Land Subject to Flooding 1450
1450
0 0
a. square feet
b. square feet
c. square feet d. square feet
Cubic Feet Flood Storage 0
0
0 0
e. cubic feet
f. cubic feet
g. cubic feet h cubic Te—et
8. ❑Isolated Land Subject to Flooding
•
square feet
� b. square feet..
. Cubic Feet Flood Storage
r
c cubic feet
; d. cubic feet
e. cubic feet f cubic f
eet'
9. E1
River&ont Area
a. total sq. feet b. total sq. feet
Sq ft within 100 ft
Sq ft between 100-200 ft
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: ❑Designated Port Areas , , - Indicate size under L and Und the Ocean; below ,
11.❑Land Under the Ocean •�� � �__.___._.._.� -_-___._... n_.._.
a square feet b. square feet
c. c/y dredged d. c/y dredged
12? ❑ Barrier.Beaches- '_ _ �- ;Indicate size under Coastal:Be`aches and/or Coastal Dunes below,'
_ - . .. . -
13. C Coastal Beaches
a square feet b. square feet c. c/y nourishment d. e/y nourishment
149 r Coastal Dunes
a;s uare fee b. square feet c.'c/ nourishment d c/ nourishment
* 1 .. 9 . 9 Y Y
15.1-7 Coastal Banks
a. linear feet b. linear feet
16. U Rocky Intertidal Shores ,
square. feet b � square feet
17. C Salt Marshes
a. square feet b. square feet c. square feet d. square feet
18.1 Land Under Salt Ponds
a square feet, b, square feet
c: -c/y dredged 'd:. c/y dredged :
Page 3 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1650
WPA Form 5 - Order of Conditions eDEP Transaction #:738804
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER
19. ❑ Land Containing Shellfish
20. C Fish Runs
21. Ei Land Subject to Coastal Storm Flowage
a. square feet b. square feet c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
c. c/y dredged d. c/y dredged
a. square feet b. square feet
22.
1-7 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
0 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,
Page 4 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1650
MTA Form 5"- Order of Conditions eDEP Transaction #:738804
L) i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.NORTH ANDOVER
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
" Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number :"242-1650"
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) 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
Page 5 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1650
WA Form 5 - Order of Conditions eDEP Transaction #:738804
( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/rown:NORTH ANDOVER
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 stonnwater 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 parry 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 parry 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 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
fl 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 BMPs shall not be withheld. Any fencing constructed around
Page 6 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1650
WPA Form 5 - Order of Conditions eDEPTransaction #:738804
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-NORTH ANDOVER
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 7 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1650
WPA Form 5 - Order of Conditions eDEP Transaction #:73 8804
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? n Yes G No
2. The Conservation Commission her ft(check one that applies):
a. G 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 thero osed work, subject to the following
P P j g
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 #:242-1650
WPA Form 5 - Order of Conditions eDEP Transaction #:738804
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town :NORTHANDOVER
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. Dae of Ori al 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
a majority of the Conservation Commission. 2. Num er of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing
electronically, and the property owner, if different from applicant.
Signatures:
r, by hand delivery on
Date
F. Appeals
r- by certified mail, return receipt requested, on
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 Departments 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 #:242-1650
WPA Form 5 - Order of Conditions eDEP Transaction #:738804
/ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown: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:
1653 GREAT POND ROAD 242-1650
Project Location
Has been recorded at the Registry of Deeds of:
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
MassDEP File Number
Page
Page
Rev. 4/1/2010
Page 10 of 10 * ELECTRONIC COPY
DEP FILE # 242 -1650
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 a new sewer pump
station (wet well/drywell configuration with bypass provisions), pad -mounted
transformer with utility containment and diesel generator. Relocation of the access
drive, removal of the existing station, restoration of prior pump station area to parking
area for Rea's Pond open space and mitigation plantings are also proposed. All work
is within the Buffer Zone to Bordering Vegetated Wetland (BVW) and Inland Bank
associated with Rea's Pond and Lake Cochichewick. Pump station removal and
restoration activities are with Bordering Land Subject to Flooding (BLSF). The entire
project is located within the Watershed Protection District and the Zone A to Lake
Cochichewick, North Andover's drinking water supply.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: Bruce Thibodeau
Town of North Andover, Division of Public Works
384 Osgood Street
North Andover, Massachusetts 01845
Property Owner: Town of North Andover
120 Main Street
North Andover, MA 01845
Notice of Intent filed by: Jack Troidl
Woodard & Curran
980 Washington Street, Suite 325
Dedham, MA 02026
Date filed: April 10, 2015
Site Plans prepared by: Woodard & Curran
Titled: Sewer System Improvements
(Sheets G-000-001, C-101-103, C502-204,)
Last Revised: 4/27/15
Stamped by: Jack Troidl, P.E.
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Wetland Delineation
Conducted by: Brad Holmes, Environmental Consulting &
Restoration, LLC
Date: October 22, 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
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.
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 flgiw
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
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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: Bordering
Land Subject to Flooding and Buffer Zone to Bordering Vegetated Wetland and Inland
Bank. 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 and referenced herein (#A1 -#A41 and Bank Flags
#1-#20).
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 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. To restore the No -Disturbance Zone, the applicant proposes to plant shrubs in areas
designated A, B & C and seed with a native seed mix. The plantings shall be
monitored for one full year and replaced as necessary. Prior to the issuance of a
Certificate of Compliance, the area shall be confirmed to have re -vegetated with at
least 75% native species. The new No -Disturbance Zone/ edge of parking area will be
demarcated by large boulders.
36. 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
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terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. 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.
11 PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1650."
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 o 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.
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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 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.
44. 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.
45. A minimum 12"coir log backed by trenched siltation fence (biodegradable coir log, 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 Commissions request.
46. Silt sacks will be placed in catch basins within 100 -feet of the work.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling ten (10) straw 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.
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48. A check payable to the Town of North Andover shall be provided in the amount of
$5,000 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.
49. 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.
50. 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 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.
51. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone' on all delineated wetlands (where not previously marked) or the
fence line parallel to the wetland 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
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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).
52. 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.
53. 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
54. 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.
55. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
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approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
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
Stormwater Management System Operation & Maintenance Plan (O&M Plan) attached
herein and the associated stormwater management conditions mandated herein.
58. All stormwater best management practices shall be maintained as specified in the
O&M Plan submitted with the Notice of Intent referenced herein. The O&M Plan will
be incorporated into the Order of Conditions. The approved O&M Plan 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.
DURING CONSTRUCTION
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 #50).
61. Proposed chain-link fencing will be installed a minimum of six (6) inches above the
ground to allow for wildlife movement.
62. Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. De -watering activities shall be conducted as
detailed in the approved Stormwater Pollution Prevention Plan and shall be
monitored daily by the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the
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Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-
watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval, which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
63. A stone construction entrance shall be installed as detailed in the approved plans and
refreshed as necessary until final paving. 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.
64. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
65. All exposed soil finish grade surfaces shall be immediately landscaped (native
shrubs/ 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.
66. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip -rapped to provide permanent
stabilization.
67. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Stockpiled materials shall be maintained within erosion controls.
68. 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.
69. 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.
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70. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
71. 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
72. 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.
73. 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 Town's Wetland
Protection ByLaw and shall remain in perpetuity.
74. 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.
75. 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
fence/boulders. This condition shall survive the issuance of a Certificate of
Compliance.
76. 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.
77. 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.
78. 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:
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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 & stormwater
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
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 a- U disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
79. 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 # 242-1650. Future work within 100' of existing
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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 #51);
➢ Stormwater Management System Maintenance (Condition #58 & #59)
➢ Discharge or spillage of pollutants (Condition #71);
➢ Prohibition of underground fuels (Condition #72);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#73);
➢ Prohibition on coal tar -based sealants (Condition #74);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #75);
➢ The attached "Stormwater Management System Operation & Maintenance
Plan", including Best Management Practices. No additional filings will be
required to conduct maintenance of the above referenced system as detailed
in the report.
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APPENDIX A - AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
0
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)
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APPENDIX F: OPERATION AND MAINTENANCE PLAN
North Andover, MA (#225073.19) 6 Woodard & Curran
RP Stormwater Management Report April 2015
STORMWATER MANAGEMENT SYSTEM
OPERATION & MAINTENANCE PLAN
This Stormwater Management System Operations. & Maintenance Plan (the Plan) outlines measures that are
essential for maintaining an effective stormwater management system at the Rea's Pond Pumping Station located on
Great Pond Road, North Andover, Massachusetts (the Site). Periodic and scheduled inspections and maintenance
measures are recommended to prevent deficiencies and for proper performance of the stormwater management
system. Failure to implement these measures can reduce the hydraulic capacity and the pollutant removal efficiency
of stormwater measures resulting in a poor quality of stormwater runoff discharging from the Site.
RESPONSIBLE PARTY & ESTIMATED ANNUAL BUDGET
The party responsible for implementing this Plan and identifying the source of necessary funds is as follows:
Division of Public Works
384 Osgood St.
North Andover, MA 01845
(978) 685-0950
The estimated annual budget for implementing this Plan is $750.00.
INSPECTIONS & MAINTENANCE MEASURES
The stormwater management system at the Site comprises of an inlet forebay, a proprietary separator catch basin
and subsurface infiltration units. The inlet forebay will collect sheet flow from the driveway surface and will serve as a
debris catchment prior to entering the proprietary separator. The proprietary separator will separate oil, grease and
sediments prior to discharging to the infiltration devices. The infiltration devices recharge the stormwater into crushed
stone beds. In the event of a 100 -year storm event, the infiltration devices will overflow through an orifice and
discharge to a gravel -filled level spreader. Measures are illustrated on the Stormwater Management System figure in
Attachment A.
An Inspection Form is provided in Attachment B that is recommended for use during inspections of the stormwater
management system. The form includes a table that outlines specific inspection and maintenance measures, in
addition to the following information that can be updated by the inspector during the inspection:
• Name of inspector
• Name of the site and its location
• Date and time of inspection
• Weather conditions during inspection
• Outline of items inspected
• Condition of the stormwater management system, including corrective measures taken to maintain the
system
Completed Inspections Forms should be kept at the Site to enable both facility managers and regulatory agencies to
ensure that operation of the system is in compliance with permit requirements.
Rea's Pond Pump Station April 2015
North Andover,' Massachusetts
ATTACHMENT B - INSPECTION FORM
Rea's Pond Pump Station April 2015
North Andover, Massachusetts
STORMWATER MANAGEMENT SYSTEM INSPECTION EOE
Town Of North Andover, MA
Division of Public Works
Rea's Pond Pumping Station
North Andover, Massachusetts 01845
Name of Inspector:
Date/Time:
Weather:
Date of Last Inspection:
Items Inspected (Refer to Table 1. Provide additional sheets if necessary):
r
Comments & Corrective Actions Taken (Provide additional sheets if necessary.):
Rea's Pond Pump Station April 2015
North Andover, Massachusetts
N
ATTACHMENT A - STORMWATER MANAGEMENT SYSTEM FIGURE
i
ProposedStation
Site - Fest
Devel0 ment
OR
rO, .1
a�
Water Quality Device -
Suhsurface In' filtrati.cn
Trenches
a
Rea's Pond Pump Station April 2015
North Andover, Massachusetts
Table I —Operations & Maintenance pleasures
2,4t a minimum, service annually. May need additional cleaning after periods of heavy rainfall or if conditions exist that fill the
device more freauentiv.
A if rrreb
Objective: Collect sheet flow from impervious surfaces and drain into Proprietary Separator; No credit for treatment
Frequency
Measure
Monthly
• Inspect inlet forebay
Four Times per
e Clean inlet forebay
Year and After
During and
Heavy Rainfall
After Heavy
Events
Rainfall Events
Objective: Preserve the hydraulic detention and removal efficiency of the Pre-treatment Water Quality Device
Frequency
Measure
Annually2
• Service unit by removing sediment and oil accumulated
Every 6 months
• Inspect units and remove debris
• Check oil and sediment depth using the dipstick tube (refer to Owner's Manual)
During and
• Inspect units and remove debris
After Heavy
e Check oil and sediment depth using the dipstick tube (refer to Owner's Manual)
Rainfall Events
2,4t a minimum, service annually. May need additional cleaning after periods of heavy rainfall or if conditions exist that fill the
device more freauentiv.
Rea's Pond Pump Station April 2015
North Andover, Massachusetts
Objective: Preserve the hydraulic detention and removal efficiency of the Infiltration Trench
Frequency
Measure
Every 6 months
• Inspect units and remove debris
Remove sediment from pretreatment BMPs
• Remove burrowing animals in accordance with State or local animal control requirements.
During and
• Inspect units and remove debris
After Heavy
. Inspect pretreatment BMPs
Rainfall Events
Rea's Pond Pump Station April 2015
North Andover, Massachusetts
IL
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Safety Grate Installation, Stevens Pond Outlet, Millpond, North Andover
At the November 28, 2012 public hearing the North Andover Conservation Commission (NACC) voted
to issue a Negative Determination of Applicability to install safety grating on the Stevens Pond outlet
structure (at Millpond Condominiums) within the Pond and the Buffer Zone to Bordering Vegetated
Wetland. All work will be done from upland areas and no drawdown of the Pond is necessary. Removal
and replacement of an existing fence and two shrubs is also permitted. Work shall comply with the
following:
Applicant: North Andover Division of Public Works
Gene Willis, P.E., Town Engineer
384 Osgood Street
North Andover, MA 01845
Record Documents: Request for Determination of Applicability, received November 14, 2012
Prepared by Gene Willis, P.E.
Operation and Maintenance Plan, Stevens/Mill Pond Water Level Control
Structure
Record Plan: Elevation & Plan Views
Stevens Pond Outlet — Sheets 1 & 2 Date: July 17, 2012
Plan #1 of Land
Aerial Photo & Photographs
Construction Conditions for Safety Grate Installation:
❖ All work will be conducted in accordance with the above referenced documents and plans.
•e• The Conservation Department will be contacted prior to the start of work.
❖ Excess materials and construction debris shall be properly disposed of off-site and no stockpiled
material or equipment shall be stored overnight within the 100 -foot Buffer Zone.
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/NAndoverMA Conservation/index
Post Construction Conditions for Safety Grate Installation:
❖ Immediately following completion of the work any disturbed areas will be permanently stabilized
against erosion by loaming and seeding and other approved methods.
❖ Replacement shrubs shall be species native to Essex County and shall be planted so as to not interfere
with access to the outlet control structure.
❖ Upon stabilization the Conservation Department will conduct a final site inspection to confirm the
restoration of prior site conditions.
❖ The Stevens/Mill Pond Water Level Control Structure shall be operated in accordance with the
approved Operation & Maintenance Plan referenced herein.
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/NAndoverMA_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.
teb
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Town of North Andover Division of Public Works
Name
384 Osgood Street
Mailing Address
North Andover MA 01845
City/Town
Property Owner (if different from applicant):
Town of North Andover
Name
120 Main Street
Mailing Address
North Andover
State Zip Code Cityrrown
MA 01845
State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Elevation and .Plan Views November 14, 2012
Title Date
Stevens Pond Outlet (Sheets 1 &2) July 17, 2012
Title Date
Plan #1 of Land, Aerial Photo and Photographs November 14, 2012
Title Date
2. Date Request Filed:
11/14/12
B. Determination
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):
Installation of vertical and horizontal safety grates on the outlet structure of Stevens Pond at Millpond
Pond Condominiums.
Project Location
37 Millpond North Andover
Street Address City/Town
Map 95A Parcel 37
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 10/6/04
Page 1 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determinations) 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. 10/6/04 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (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 conditions
❑ 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. 10/6/04 Page 3 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 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
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on
.11112 911 1 n7"t;2 6 �Wce L.
Date
❑ by certified mail, return receipt requested on
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/dep/about/region.findyour.htm) and the
property owner (if different from the applicant).
Date �
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 4 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 —Determination of Applicability
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/dep/about/region.findyour.htm) to 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. 10/6104 Page 5 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request (if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor - Mailing Address
do not use the
return key. City/Town State Zip Code
�V Phone Number Fax Number (if applicable)
Project Location
Mailing Address
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 State Zip Code
Phone Number Fax Number (if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
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, MA 02211
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6104 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.aov/dep/about/reg ion/fiindyou r. htm).
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. 10/6/04 Page 2 of 2
CONSERVATION DEPARTA4ENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Dale Street Water Main Installation, North Andover
At the November 14, 2012 public hearing the North Andover Conservation Commission (NACC) voted
to issue a Negative Determination of Applicability filed to install approximately 1,100 linear feet of new
12 -inch ductile iron water pipe and associated appurtenances within the Buffer Zone to Bordering
Vegetated Wetland on Dale Street in North Andover. All work will be done within the paved roadway.
Work shall comply with the following:
Applicant: North Andover Division of Public Works
Bruce Thibodeau, P.E., Director of North Andover Division of Public
Works
384 Osgood Street
North Andover, MA 01845
Representative: Weston & Sampson Engineers, Inc.
Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Record Documents: Request for Determination of Applicability, received November 2, 2012
Prepared by Weston & Sampson Engineers, Inc.
Record Plan: Dale Street Water Main
Figure 1 — Wetland Delineation
Figure 2 — Erosion Control Plan
Prepared by Weston & Sampson Engineers, Inc.
Dated: October 2012
Construction Conditions for Water Main Improvements:
All work will be conducted in accordance with the above referenced documents and plans.
❖ Prior to the commencement of work, erosion controls will be installed as shown on the herein
referenced site plans.
1600 Osgood Street, Budding 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
' Conservation/index
Web: http://,v«.toxvnofnorthMdover.com/Pages/NAndove�
❖ The Conservation Department will be contacted prior to the start of work and may, at any phase,
inspect the installed erosion controls.
❖ Excess materials and construction debris shall be properly disposed of off-site and no stockpiled
material shall be stored overnight within the 100 -foot Buffer Zone.
❖ All catch basins shall be protected with silt sacks during construction.
❖ Dewatering, if necessary, shall be conducted according to the herein referenced documents and plans.
Post Construction Conditions for Water Main Improvements:
❖ Immediately following completion of the work and prior to the removal of erosion controls, any
disturbed areas will be permanently stabilized against erosion by loaming and seeding and other
approved methods.
❖ Upon stabilization the Conservation Department will conduct a final inspection to confirm the
restoration of prior site conditions and the removal of all erosion controls.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://xv%vw townofnorthandover.com/Pages/N -AndoverAi Conservation/index
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
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.
�
fia
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Bruce D. Thibodeau, P. E. Director Town of North
Andover Division of Public Works
1
384 Osgood Street
Mailing Address
North Andover MA 01845
City/Town State Zip Code
Property Owner (if different from applicant):
Town of North Andover
Name
190 Main Street
Mailing Address
North Andover
City/Town
MA 01845
State Zip Code
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Figure 1- Aerial Photo Wetland Delineation Plan October 2012
Date
Title
Figure 2- Aerial Photo Erosion Control Plan October 2012
Date
Title
Date
Title
2. Date Request Filed:
11/0/11)
B. Determination
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):
Installation of a new water main line within existing paved right of way within the Buffer Zone to
Bordering Vegetated Wetland.
Project Location:
Dale Street (Village Way to South Bradford Street)
Street Address
Map 104C
Assessors Map/Plat Number
North Andover
City/Town
Street right of way
Parcel/Lot Number
Page 1 of 5
wpaform2.doc • Determination of Applicability • rev. 10/6/04
Massachusetts Department f Wetlands ental Protection
Bureau of Resource Protection
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. 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 Determinationroceed until a final Order of
Note: No work within the jurisdiction of the Wetlands Protection Act may p
Conditions (issued following submidtfollowin osubm ttaltof simpli erdvReview ANRAD)nhas been receiioved
Resource Area Delineation (issue 9
f E
from the issuing authority (i.e., Conservation Commission or the Department of 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
res cone cribed n this o theDetermination referenced
aae(s) are
confirmed as accurate: Therefore, the resource area sou da
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as longus this Determination is valid.
❑ 2b. The boundaries of resource
ndlisted
os iatttta ed hed toby ithiiiseDe emi ation or
regardless of whether such bouar es are cntained on the plan
to the Request for Determination.
thin an area
ect to
❑ p The work described on
referenced Iemovle, fill, dredge, or alter that ent(s) is area Therefore, said work
protection under the Act
requires the filing of a Notice of Intent.
er Zone
❑ 4. The work described on referenced
Act. Therefore, Therefore,(said wohk rehquBes the filing of and
alter an Area subject to protection under the
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:
Ordinance or Bylaw Citation
Name
Page 2 of 5
wpaform2.doc • Determination of Applicability • rev. 10/6/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
l WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (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 conditions
❑ 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. 10/6/04 Page 3 of 5
Massachusetts Department of Environmental Protection
13 Bureau of Resource Protection - Wetlands �icability
WPA Form 2 — Determination of App §40
Massachusetts Wetlands Protection Act M.G.L.
B. Determination (cont.)
❑ 5. The area described in the Request is ss boefr the follow t to ng on exemptioneunder ascspec fiedhn therAct and
described therein meets the requirement
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. Chapter 178
North Andover Wetlands Protection Bylaw ordinance or Bylaw citation
Name
C. Authorization
This Determinationis issued to the applicant and delivered as follows:
dit return receipt requested on
❑ by hand delivery on
Date
❑ by ceitme ma ,
Date
This Determination does not
This Determination is valid for three yearsarl d fors t e du ation of the Plan)te of issuance pt Determinations or esno
Vegetation Management Plans which are
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations. onservation Commission. A copy must be sent to
This Determination must be sI ffi eysee httmajority
i / of
wvr mass. gov/de?/about/region findvour.htm and the
the appropriate DEP Regional O (
property owner (if different from the applicant).
Signatures:
Date
Page 4 of 5
wpaform2.doc • Determination of Applicability - rev. 10/6104
13 Massachusetts Department of Wetlands ental Protection
Bureau of Resource Protect
WPA Form 2 — Determination of Applicaobiiity
Massachusetts Wetlands Protection Act M.G.L. c. 131, §
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 st the aten ppropriate
ate Departmentts of the city or tof Environmental
own in which h land is
located, are hereby notified of their right to request ppto
Protection Regional Office (se Applicability.hff��Theseques t must bermade by certified mail lor hand delivery
Superseding Determination of
to the Department, with the.appropriate
Form)lgfee and Feas provided 310 CMR110�03(7) within ten business days
uest for
Departmental Action Fee Transmittal of the request shall at the same time be sent by
from the date of issuance of this Determination. A copyis nt the
certified mail or hand delivery to the Cons nd concisely he object oion rvdns to the Determinat onhwhich is being
appellant. The request shall state clearly ad not on an
appealed. To the extent that the Determination is based on a municipal ordinance Department of Environmental bylaw
Protection has e
Massachusetts Wetlands Protection Actor reg
no appellate jurisdiction.
Page 5 of 5
wpaform2.doc • Determination of Applicability • rev. 10/6/04
LEIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important: 1. Person or party making request (if appropriate, name the citizen group's representative):
When filling out
forms on the
computer, use Name
only the tab
key to move Mailing Address
your cursor - ---
do not use the State Zip Code
return key. City/Town
Fax Number (if applicable)
Phone Number
Project Location
WAR
Mailing Address
State Zip Code
City/Town
2. Applicant (as shown on Notice of Intent (Form 3),Abbreviated Notice iof Resource Area Delineation
bi
(Form 4A); or Request for Determination of Applicability
Name
Mailing Address
city/Town
Phone Number
3. DEP File Number:
B. Instructions
State Zip Code
Fax Number (if applicable)
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
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, MA 02211
Page 1 of 2
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
` Request for Departmental Action Fee Transmittal Form
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
httc://www.mass.oov/dep/about/region/findyour. htm).
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. 10/6/04 Page 2 of 2
1- 1
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance 242-1498
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Woodard & Curran attn: Justin deMello
computer, use Name
only the tab key
to move your 980 Washin ton Street, Suite 325
cursor - do not Mailing Address MA 020202026
use the return Dedham State Zip Code
key.
CitylTown
to
2. This Certificate of compliance is issued for work regulated by a final Order o
Conditions issued to:
Town of North Andover
,A Name 242-1498
October 28, 2010 DEP File Number
Dated
3. The project site is located at: Andover
Shawsheen River (Between Marblehead St Nocitrth rth A
and Mass Avenue wn
Parcels 5, 39
MaD 2 Parcel/Lot Number
Assessors map/Plat Number
s recorded at the Registry of Deeds for:
the final Order of Condition wa
Propertywner (if different)
Essex North
County
3553_ 151/_ 5�
Book Page
Certificate applicant, or the applicant's agent,
4. A site inspection was made in the presence of the
on:
8/6/12
Date
wpafrm8b.doc • rev. 12123109
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 242-1498
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:
C. Authorization
Issued by:
North Andover g
Conservation Commission
Dat of is ance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.mass.gov/dep/about/region/findyour.ht .
WPA Form 8B, Certificate of Compliance • Page 2 of 3
wpafrm8b.doc • rev. 12/23/09
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L, i WPA Form 8B — Certificate of Compliance 242-1498
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.
-- -
--------------------------------------------------------------------------------------------------
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Shawsheen River (Between Marblehead St
and Mass Avenue)
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Town of North Andover
Property Owner
242-1498
DEP File Number
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 8B, Certificate of Compliance • Page 3 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1458
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Woodard & Curran attn: Justin deMello
only the tab key Name
to move your 980 Washington Street, Suite 325
cursor - do not Mailing Address
use the return
key. Dedham MA 02026
City/Town State Zip Code
2 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Town of North Andover
/ef Name
September 14, 2009 242-1458
Dated DEP File Number
3. The project site is located at:
Waverly Road (from Rt. 114 to Greene St.) North Andover
Street Address City/Town
N/A N/A
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 North 11768 268
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
8/6/12
Date
wpafrm8b.doc • rev. 12/23/09
WPA Form 813, Certificate of Compliance • Page 1 of 3
t—
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1458
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:
68
C. Authorization
Issued by:
North Andover
Conservation Commission
wpafrm8b.doc - rev. 12/23/09
Date of Is uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http:]/www.mass.gov/dep-/about/region/findyour.htm).
WPA Form 8B, Certificate of Compliance - Page 2 of 3
3
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1458
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:
Waverly Road (from Rt. 114 to Greene Street) 242-1458
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Town of North Andover
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. 12/23/09
Document Number
Signature of Applicant
WPA Form 8B, Certificate of Compliance • Page 3 of 3
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Raleigh Tavern Lane Water Main Improvements, North Andover
At the May 23, 2012 public hearing the North Andover Conservation Commission (NACC) voted to issue
a Negative Determination of Applicability filed to replace approximately 4,000 linear feet of existing 8 -inch
cast iron water pipe with new 8 -inch ductile iron water pipe and the associated appurtenances within the
Buffer Zone to Bordering Vegetated Wetland on Raleigh Tavern Lane in North Andover. New hydrants
and hydrant laterals outside of the buffer zone area also proposed. Work shall comply with the following:
Applicant: North Andover Division of Public Works
Bruce Thibodeau, P.E., Director
384 Osgood Street
North Andover, MA 01845
Representative: Weston & Sampson Engineers, Inc.
Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Record Documents: Request for Determination of Applicability, received May 11, 2012
Prepared by Weston & Sampson Engineers, Inc.
Record Plan: Raleigh Tavern Lane Water Main Improvements
North Andover Massachusetts
Sheets C-1, C-2, C-3 & D-1 -
Prepared by Weston & Sampson Engineers, Inc.
Dated: 5/9/2012
Construction Conditions for Water Main Improvements:
❖ All work will be conducted in accordance with the above referenced documents and plans.
+ Prior to the commencement of work, erosion controls will be installed as shown on the herein
referenced site plans.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://www.toxvnofnorthandover.com/Pages/NAndoverNIA_Consen ation/index
..
v The Conservation Department will be contacted prior to the start of work and may, at any phase,
inspect the installed erosion controls.
❖ As agreed to by the applicant during the public hearing process, the Conservation Department will
receive weekly monitoring reports prepared for the applicant by Weston & Sampson Engineers, Inc. or
other third party erosion control monitor. Reports will update the construction schedule to inform the
Conservation Department of the location of work for the coming week.
Excess materials and construction debris shall be properly disposed of off-site and no stockpiled
material shall be stored overnight within the 100 -foot Buffer Zone.
❖ All catch basins shall be protected with silt sacks during construction.
❖ Dewatering, if necessary, shall be conducted according to the herein referenced documents and plans.
Post Construction Conditions for Water Main Improvements:
•3 Immediately following completion of the work and prior to the removal of erosion controls, any
disturbed areas will be permanently stabilized against erosion by loaming and seeding and other
approved methods.
❖ Upon stabilization the Conservation Department will conduct a final inspection to confirm the
restoration of prior site conditions and the removal of all erosion controls.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://-,vww.toxvnofnorthandover.com/Pages/NAndoverMA_Conservation/index
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
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.
tab
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Bruce D. Thibodeau, P. E. Director of North
Andover Division of Public Works
384 Osgood Street
Mailing Address
North Andover MA 01845
City/Town State Zip Code
Property Owner (if different from applicant):
Name
Mailing Address
City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Raleigh Tavern Lane West, Raleigh Tavern Lane East Plan
Title
Raleigh Tavern Lane Water Main Improvements Details Plan
Title
Raleiah Tavern Lane West Water Main Improvements Plan
Title
2. Date Request Filed:
5/11/12
B. Determination
5/10/12
Date
5/10/12
Date
5/10/12
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):
Watermain replacement on Raleigh Tavern Lane including installation of pipe and hydrants within the
Buffer Zone to Bordering Vegetated Wetland.
Project Location:
Raleigh Tavern Lane
Street Address
Map 107A and 106C
Assessors Map/Plat Number
North Andover
City/Town
Street Right of Way
Parcel/Lot Number
wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determinations) 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. 10/6/04 Page 2 of 5
A
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (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 conditions
❑ 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. 10/6/04
Page 3 of 5
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 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
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ❑ by certified mail, return receipt requested on
/,, /�/a /',g a gii�,e eui L
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/dep/about/region.findygur.htm) and the
property owner (if different from the applicant).
WigDate /
wpaform2.doc • Determination of Applicability • rev. 10/6/04
Page 4 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
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/dep/about/region.findygur.htm) to 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. 10/6/04 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request (if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor - Mailing Address
do not use the
return key. City/Town State Zip Code
Phone Number Fax Number (if applicable)
Project Location
Mailing Address
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 State Zip Code
Phone Number Fax Number (if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ 'Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
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, MA 02211
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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/dep/about/region/findyour. htm).
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. 10/6/04 Page 2 of 2
LI)Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — 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.
rab
rerun
A. Project Information
1. This Certificate of Compliance is issued to:
Bruce D. Thibodeau, P. E., Division of Public Works Director
Name
384 Osgood Street
Mailing Address
North Andover
City/Town
MA
State
DEP File Number:
WO -14F7
rroviueu Dy ucr
01845
Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Town of North Andover Department of Public Works
Name
November 1, 2006 242-1362
Dated DEP File Number
3. The project site is located at:
WinterStreet, Foster Street, Lost Pond Lane
Street Address
Assessors Map/Plat Number
North Andover
City/Town
Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner (if different)
Essex North
County
Certificate
10829
Book
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
5/19/08
Date
B. Certification
Check all that apply:
rays
® 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:
wpaform 8b.doc • rev. 7/13/04 Page 1 of 4
ILI Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24vb
Provided Provided by DEP
B. Certification (cont.)
❑ 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:
2
C. Authorization
Issued by:
North Andover
Conservation Commission
Dat 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 Attachment).
Sigl
wpaform 8b.doc • rev. 7/13/04
Page 2 of 4
r..,
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
Notary Acknowledgement
wpaform 8b.doc • rev. 7/13/04
Commonwealth of Massachusetts County of
1,2 fh
On this
Day
Essex North
Of Jv.0 e,
Month
before me, the undersigned Notary Public, personally appeared
d- L 2e7W? T /0 111'71IA12- j ,Sp.
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
Year
DEP File Number:
242-1362
Provided by DEP
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of
DONNA M. WEDGE
COMMONWEALTH MASSACHUSETTS
My Comm Explms Aug. 7, 2009
North Andover
City/Town
Place notary seal and/or any stamp above
Conservation Commission
Signature of Notary Public
170rnn.-1i,A a,�6-D66-
Printed Name of Notary Public
7/xpires�dd`1
My Commi ion (Date)
L G -2z11 ✓
Signature of Notary Public 1117
Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1362
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:
Winter St., Foster St, Lost Pond Lane
Project Location
Has been recorded at the Registry of Deeds of:
for:
Essex North
County
Property Owner
242-1362
DEP File Number
and has been noted in the chain of title of the affected property on:
Date
Book
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
Page
wpaform 8b.doc • rev. 7/13/04
Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments, payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
Acton
Charlton
Hopkinton
DEP Western Region
Adams Colrain
Hampden
Monroe
Pittsfield
Tyringham
436 Dwight Street
Agawam Conway
Hancock
Montague
Plainfield
Wales
Suite 402
Alford Cummington
Hatfield
Monterey
Richmond
Ware
Athol
Amherst Dalton
Hawley
Montgomery
Rowe
Warwick
Springfield, MA 01103
Ashfield Deerfield
Heath
Monson
Russell
Washington
Phone: 413-784-1100
Becket Easthampton
Hinsdale
Mount Washington
Sandisfield
Wendell
Fax: 413-784-1149
Belchertown East Longmeadow
Holland
New Ashford
Savoy
Westfield
Oakham
Bemardston Egremont
Holyoke
New Marlborough
Sheffield
Westhampton
Littleton
Blandford Erving
Huntington
New Salem
Shelburne
West Springfield
Grafton
Brimfield Florida
Lanesborough
North Adams
Shutesbury
West Stockbridge
Blackstone
Buckland Gill
Lee
Northampton
Southampton
Whately
Charlemont Goshen
Lenox
Northfield
South Hadley
Wilbraham
Cheshire Granby
Leverett
Orange
Southwick
Williamsburg
Townsend
Chester Granville
Leyden
Otis
Springfield
Williamstown
Princeton
Chesterfield Great Barrington
Longmeadow
Palmer
Stockbridge
Windsor
Milford
Chicopee Greenfield
Ludlow
Pelham
Sunderland
Worthington
Dartmouth
Clarksburg Hadley
Middlefield
Peru
Tolland
20 Riverside Drive
DEP Central Region
Acton
Charlton
Hopkinton
Millbury
Rutland
Uxbridge
627 Main Street
Ashburnham
Clinton
Hubbardston
Millville
Shirley
Warren
Worcester, MA 01608
Ashby
Douglas
Hudson
New Braintree
Shrewsbury
Webster
Athol
Dudley
Holliston
Northborough
Southborough
Westborough
Phone: 508-792-7650
Auburn
Dunstable
Lancaster
Northbridge
Southbridge
West Boylston
Fax: 508-792-7621
Ayer
East Brookfield
Leicester
North Brookfield
Spencer
West Brookfield
TDD: 508-767-2788
Barre
Fitchburg
Leominster
Oakham
Sterling
Westford
Bellingham
Gardner
Littleton
Oxford
Stow
Westminster
Berlin
Grafton
Lunenburg
Paxton
Sturbridge
Winchendon
Blackstone
Groton
Marlborough
Pepperell
Sutton
Worcester
Bolton
Harvard
Maynard
Petersham
Templeton
Boxborough
Hardwick
Medway
Phillipston
Townsend
Boylston
Holden
Mendon
Princeton
Tyngsborough
Brookfield
Hopedale
Milford
Royalston
Upton
DEP Southeast Region
Abington
Dartmouth
Freetown
Mattapoisett
Provincetown
Tisbury
20 Riverside Drive
Acushnet
Dennis
Gay Head
Middleborough
Raynham
Truro
Lakeville, MA 02347
Attleboro
Dighton
Gosnold
Nantucket
Rehoboth
Wareham
Avon
Duxbury
Halifax
New Bedford
Rochester
Wellfleet
Phone: 508-946-2700
Barnstable
Eastham
Hanover
North Attleborough
Rockland
West Bridgewater
Fax: 508-947-6557
Berkley
East Bridgewater
Hanson
Norton
Sandwich
Westport
TDD: 508-946-2795
Bourne
Easton
Harwich
Norwell
Scituate
West Tisbury
Brewster
Edgartown
Kingston
Oak Bluffs
Seekonk
Whitman
Bridgewater
Fairhaven
Lakeville
Orleans
Sharon
Wrentham
Brockton
Fall River
Mansfield
Pembroke
Somerset
Yarmouth
Carver
Falmouth
Marion
Plainville
Stoughton
Chatham
Foxborough
Marshfield
Plymouth
Swansea
Chilmark
Franklin
Mashpee
Plympton
Taunton
DEP Northeast Region
Amesbury
Chelmsford
Hingham
Merrimac
Quincy
Wakefield
1 Winter Street
Andover
Chelsea
Holbrook
Methuen
Randolph
Walpole
Boston, MA 02108
Arlington
Cohasset
Hull
Middleton
Reading
Waltham
Ashland
Concord
Ipswich
Millis
Revere
Watertown
Phone: 617-654-6500
Bedford
Danvers -
Lawrence
Milton
Rockport
Wayland
Fax: 617-556-1049
Belmont
Dedham
Lexington
Nahant
Rowley
Wellesley
TDD: 617-574-6868
Beverly
Dover
Lincoln
Natick
Salem
Wenham
Billerica
Dracut
Lowell
Needham
Salisbury
West Newbury
Boston
Essex
Lynn
Newbury
Saugus
Weston
Boxford
Everett
Lynnfield
Newburyport
Sherborn
Westwood
Braintree
Framingham
Malden
Newton
Somerville
Weymouth
Brookline
Georgetown
Manchester -By -The -Sea
Norfolk
Stoneham
Wilmington
Burlington
Gloucester
Marblehead
North Andover
Sudbury
Winchester
Cambridge
Groveland
Medfield
North Reading
Swampscott
Winthrop
Canton
Hamilton
Medford
Norwood
Tewksbury
Woburn
Carlisle
Haverhill
Melrose
Peabody
Topsfield
wpaform8b.doc • DEP Addresses • rev. 12/13/07
Page 1 of 1
0
LI)Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
= ISI
A. General Information
From: North Andover
1. Conservation Commission
DEP File Number:
242-1386
2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions
3. To: Applicant:
a. First Name b. Last Name
384 Osgood Street
d. Mailing Address
North Andover
e. City/Town
4. Property Owner (if different from applicant):
Town of North Andover (DPW)
c. Company
MA.
f. State
01845
g. Zip Code
a. First Name b. Last Name
120 Main Street
Town of North Andover
c. Company
d. Mailing Address
North Andover
MA. 01845
e. City/Town
f. State g. Zip Code
5. Project Location:
Sutton Hill Rd, Thistle Rd, Woodbury Lane
North Andover
a. Street Address
b. City/Town
Town Owned Roads
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator):
e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds
for (attach additional information if more than one parcel):
Essex North
a. County
b. Certificate (if registered land)
Public Road
c. Book
7. Dates: 2/15/07
d. Page
y i3���
4Daf
a. Date Notice of Intent Filed
b. Date ubli Hearing Closed Is uance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Plan of Phase IV Sewerage Facilities Contract 4D
a. Plan Title
SEA Consultants, Inc.
David M. Press, P. E.
b. Prepared By
c. Signed and Stamped by
. /3/07
1" = 40'
d. inal evision Date
e. Scale
f. Additional Plan or Document Title
g. Date
s. Total WPA Fee Paid: $1,500.00
N/A $ 1,500.00
a. Total Fee Paid
b. State Fee Paid c. City/Town Fee Paid
wpaform5.doc - rev. 3/1/05 Page 1 of 9
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1386
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply
d. ® Private Water Supply
g. ® Groundwater Supply
b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
e. ❑ Fisheries
f. ® Protection of Wildlife
Habitat
h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available)
linear feet
Resource Area Proposed Permitted Proposed
Permitted
Alteration Alteration Replacement
Replacement
3. ❑ Bank
a. linear feet b. linear feet c. linear feet
d. linear feet
4. ❑ Bordering Vegetated
Wetland a. square feet b. square feet c. square feet
d. square feet
5. ❑ Land Under a. square feet b. square feet c. square feet
Waterbodies and
d. square feet
Waterways
e. cu.yd dredged f. cu.yd dredged
wpaform5.doc - rev. 311105 Page 2 of 9
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
DEP File Number:
242-1386
B. Findings (cont.)
❑
Barrier Beaches
12.
Resource Area
Proposed
Permitted
Proposed
Coastal Dunes
Alteration
Alteration
Replacement
6. 1:1 Bordering Land
❑
Rocky Intertidal
Subject to Flooding
a. square feet
b. square feet
c. square feet
Cubic Feet Flood
17.
❑
Land Under Salt
Storage
e. cubic feet
f. cubic feet
g. cubic feet
7. ❑ Isolated Land Subject
to Flooding
a. square feet
b. square feet
Cubic Feet Flood
Storage
c. cubic feet
d. cubic feet
e. cubic feet
8. ❑ Riverfront area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet
Sq ft between 100-200 ft
e. square feet
f. square feet
e. square feet
Coastal Resource Area Impacts:
Check all that apply
below. (For Approvals Only)
9. ❑ Designated Port
Areas
Indicate size under Land Under the Ocean, below
1o. ❑ Land Under the
Ocean
a. square feet
b. square feet
11.
❑
Barrier Beaches
12.
❑
Coastal Beaches
13.
❑
Coastal Dunes
14.
❑
Coastal Banks
15.
❑
Rocky Intertidal
Shores
16.
❑
Salt Marshes
17.
❑
Land Under Salt
Ponds
18. ❑ Land Containing
Permitted
Replacement
h. cubic feet
f. cubic feet
f. square feet
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. Gy nourishmt. d. cty nourishmt.
a. linear feet b. linear feet
a. square feet b. square fee
a. square feet b. square feet c. square feet d. square feet
Shellfish a. square feet b. square feet c. square feet d. square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
20. ❑ Land Subject to
Coastal Storm Flowage a. square feet b. square feet
wpaform5.doc• rev. 3/1/05
Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1386
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number 242-1386
wpaform5.doc • rev. 3/1/05 Page 4 of 9
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
DEP File Number:
242-1386
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc • rev. 3/1/05 Page 5 of 9
If you need more
space for
additional
conditions,
select box to
attach a text
document
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
DEP File Number:
242-1386
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b. Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
c. The special conditions relating to municipal ordinance or bylaw are as follows:
See attached
wpaform5.doc • rev. 3/1/05 Page 6 of 9
DEP FILE # 242 - 1386
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
C:\Winword\OOC\SuttoinHiIljhistle,Woodbury.doc I NACC 3/19/2007
DEP FILE # 242 -1386
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1386.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: The installation of new sewer mains and associated
manholes within town roadways at Sutton Hill Road, Thistle Road and Woodbury
Lane and the installation of a water main within an easement between Woodbury Lane
and Thistle Road within the buffer zone to Bordering Vegetated Wetlands.
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Town of North Andover - Department of Public Works
(Applicant)
384 Osgood Street
North Andover, MA 01845
Prepared by: SEA Consultants, Inc.
91 Montvale Avenue
Stoneham, MA 02180
Dated February 2007
Site Plans prepared by: Guertin Elkerton Associates, a SEA Company
91 Montvale Avenue
Stoneham, MA 02180
Entitled: Town of North Andover, Massachusetts Phase IV Sewage
Facilities Contract 4D - Consisting of Sheets C2 through C5,
D1 though D2, T1 through T2, and SS. Dated January 2007,
Revised March 2, 2007 (Sheet C5). Signed & Stamped by
David M. Press, P.E.
Other Record Documents: Bentonite Trench Dam Specification, dated 3/2,/07.
CAWinword\OOC\SuttoinHill,Thistle,Woodbury.doc 2 NACC 3/19/2007
DEP FILE # 242 - 1386
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetlands (BVWs). These resource areas are significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas as
shown on the plans referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone
and a fifty foot (50') No -Construction Zone shall be established from the edge of the
adjacent wetland resource area and a fifty foot (50') No -Disturbance Zone, except in
those already disturbed areas as shown on the approved 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).
33. 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.
34. 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.
35. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 3 NACC 3/19/2007
DEP FILE # 242 -1386
1�0 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. Signs shall be displayed at each street location in which work in the buffer zone occurs
not less than two square feet or more than three square feet in size bearing the words
"Massachusetts DEP, File Number 242-1386".
40. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of compensation
and retention areas, installation of sedimentation/ erosion control devices and re -
vegetation to be completed before other work begins on-site.
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 4 NACC 3/19/2007
DEP FILE # 242 -1386
43. Prior to any work commencing on site, a Registered Professional Land Surveyor
(R.P.L.S) shall locate the Woodbury/Thistle Lane easement boundaries. Upon proper
survey, the applicant shall mark each tree/shrub within said easement, which will be
cut/disturbed as a result of the proposed work. Although all of the trees located within
this easement area are located beyond the resource area and beyond the 25' No -
Disturbance Zone, the existing vegetation is located within the buffer zone and
provides a visual buffer to several abutters and may provide important habitat
function/value. Therefore, the Conservation Department may require supplemental
shrub plantings as a result of the vegetative disturbance. The Environmental Monitor
shall propose any required supplemental plantings upon and final determination made
by the Conservation Department.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated per
the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
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 approved plans referenced herein and shall be inspected and
approved by the NACC prior to the start of construction and shall remain intact until all
disturbed areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during construction
shall be implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 20 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$1,000, 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
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 5 NACC 3/19/2007
DEP FILE # 242 -1386
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 Professional Wetland Scientist as the project's "Erosion
Control Monitor" (ECM) to oversee any emergency placement of controls and regular
inspection or replacement of sedimentation control devices. The name and phone
number of the erosion control monitor must be provided to the NACC in the event that
this person has to be contacted, due to an emergency at the site, during any 24-hour
period, including weekends. This professional must submit a letter to the Conservation
Department, on company letterhead stating they have been retained as the project's
Erosion Control Monitor. The designated Erosion Control Monitor is subject to
approval by the NACC. This person shall also be given the authority to stop
construction for erosion control purposes. The ECM will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt.
49. On every MONDAY of 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 ECM 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 EMC must
visually inspect all sedimentation/ erosion control measures and assume responsibility for
their maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or other
water quality impacts.
50. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors, subcontractors and other
personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order
of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre -construction meeting (e.g.
72 hours).
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 6 NACC 3/19/2007
DEP FILE # 242 -1386
DURING CONSTRUCTION
51. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
52. 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.
53. Upon beginning work, the applicant shall submit written progress reports every month
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
54. All catch basins within 100' of a protected wetland resource area shall be adequately
protected as shown on the approved plans. Further protection may be required by the
Conservation Administrator and/or the Erosion Control Monitor at any time. 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.
55. Bentonite Clay Trench Dams shall be properly installed as an additional SMP measure
as shown on sheet C5 and in accordance with the approved specification referenced herein.
56. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
57. Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. De -watering activities shall be conducted as shown on
the approved plans referenced herein 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.
58. 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.
59. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 7 NACC 3/19/2007
DEP FILE # 242 - 1386
60. 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.
61. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
62. The roadways shall be swept at least once per week or as directed by the Erosion
Control monitor, the Site Supervisor, Project Manager, or the Conservation staff for as
long as the site remains exposed and unstabilized.
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. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
65. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (or other suitable means) at the site for the storage
and removal of such spent construction materials off-site. However, no trash dumpsters will
be allowed within 50' of areas subject to protection under the Act or local ByLaw.
66. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
67. 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
68. 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.
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doe 8 NACC 3/19/2007
DEP FILE # 242 -1386
69. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity.
70. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either by
loaming and seeding according to SCS standards. If the latter course is chosen, stabilization
will be considered complete once vegetative cover has been achieved.
71. 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.
72. 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.
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 9 NACC 3/19/2007
DEP FILE # 242 -1386
➢ 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.
73. 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 and a 50' No -
Disturbance Zone. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the authority
to waive these setbacks as established under the local ByLaw (Condition
#32);
➢ Discharge or spillage of pollutants (Condition #67);
➢ Prohibition of underground fuels (Condition #68);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#69).
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 10 NACC 3/19/2007
DEP FILE # 242 - 1386
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.
M
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)
C:\Winword\OOC\SuttoinHill,Thistle,Woodbury.doc 11 NACC 3/19/2007
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. Issuance
DEP File Number:
242-1386
This Order is valid for three years, unless otherwise specified as a special 6/127
condition pursuant to General Conditions #4, from the date of issuance. 1. Date f I ance
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 iling electronically, and the property owne rent
from applicant.
Signatures: G
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this 17.41
Day
Before me, the undersigned Notary Public,
personally appeared
Essex North
of -Aorr [. apo%
Month Year
sco-f-I- ILlus�se_
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
North Andover
As member of
City/Town
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
[by and delivery on
i3 O
Date
ignature of Notary Public
Printed Name of qotary Public
k r7 a vo 9
My Commission xpires (Date)
❑ by certified mail, return receipt requested, on
Date
wpaform5.doc • rev. 3/1/05 Page 7 of 9
DONNA M WEDGE
�, _
��
lWfAWFUSLIC
COMMONWEALTH OF MASSACHUSETTS
My Comm E�bes Aug. 7, 2009
i
City/Town
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
[by and delivery on
i3 O
Date
ignature of Notary Public
Printed Name of qotary Public
k r7 a vo 9
My Commission xpires (Date)
❑ by certified mail, return receipt requested, on
Date
wpaform5.doc • rev. 3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
DEP File Number:
242-1386
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev. 3/1/05 Page 8 of 9
ILIMassachusetts 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
DEP File Number:
242-1386
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
Has been recorded at the Registry of Deeds of:
242-1386
DEP File Number
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc - rev. 3/1/05 Page 9 of 9
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
rib
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Project Information
This Certificate of Compliance is issued to:
Town of North Andover Department of Public Works
DEP File Number:
242-1161
Provided by DEP
Name
384 Osgood Street
Mailing Address
North Andover MA. 01845
City/Town
State
cip "oae
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Town of North Andover Department of Public Works
Name
9/3/02
Dated
3. The project site is located at:
Dale Street, Glencrest Road
Street Address
Public Roadways
Assessors Map/Plat Number
242-1161
DEP File Number
North Andover
City/Town
Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner (if different)
Essex North
County
Certificate
Book
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
10/6/05
Date
B. Certification
Check all that apply:
rage
® 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:
wpaform 8b.doc • rev. 7/13/04 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1161
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ 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:
66
C. Authorization
Issued by:
North Andover 1011,310S
Conservation Commission Date Issuance
This Certificate must be signed a majority of the Conservation Commission a py sent to the
applicant and appropriate DEP egional Office (See Attachment).
Signatures: _7
wpaform 8b.doc • rev. 7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day
Essex North
DEP File Number:
242-1161
Provided by DEP
Of �� 1� ® 6-V X00=5 -
Month Year
before me, the undersigned Notary Public, personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of
North Andover
City/Town
Place notary seal and/or any stamp above
Conservation Commission
S nature of Notary Public
Cr�f�A &IZD cr
Printed Name of Notary Public
1,7c��l'
My C mmission Expi es (Date)
Si nature of Notary Public
wpaform Bb.doc • rev. 7113/04 Page 3 of 4
DONNA M. WEDGE
NOTARY PUBLIC
kt�'
COMMONWEALTH OF MASSACHUSETTS
illy Comm. Expires Aug. 7, 2009
North Andover
City/Town
Place notary seal and/or any stamp above
Conservation Commission
S nature of Notary Public
Cr�f�A &IZD cr
Printed Name of Notary Public
1,7c��l'
My C mmission Expi es (Date)
Si nature of Notary Public
wpaform Bb.doc • rev. 7113/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1161
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:
242-1161
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
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
wpaform 8b,doc • rev. 7/13/04 Page 4 of 4
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments, payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
Acton
Charlton
Hopkinton
DEP Western Region
Adams Colrain
Hampden
Monroe
Pittsfield
Tyringham
436 Dwight Street
Agawam Conway
Hancock
Montague
Plainfield
Wales
Douglas
Alford Cummington
Hatfield
Monterey
Richmond
Ware
Suite 402
Amherst Dalton
Hawley
Montgomery
Rowe
Warwick
Springfield, MA 01103
Ashfield Deerfield
Heath
Monson
Russell
Washington
Phone: 413-784-1100
Becket Easthampton
Hinsdale
Mount Washington
Sandisfield
Wendell
Spencer
Belchertown East Longmeadow
Holland
New Ashford
Savoy
Westfield
Fax: 413-784-1149
Bernardslon Egremont
Holyoke
New Marlborough
Sheffield
Westhampton
Littleton
Blandford Erving
Huntington
New Salem
Shelburne
West Springfield
Grafton
Brimfield Florida
Lanesborough
North Adams
Shutesbury
West Stockbridge
Blackstone
Buckland Gill
Lee
Northampton
Southampton
Whately
Charlemont Goshen
Lenox
Northfield
South Hadley
Wilbraham
Cheshire Granby
Leverett
Orange
Southwick
Williamsburg
Townsend
Chester Granville
Leyden
Otis
Springfield
Williamstown
Princeton
Chesterfield Great Barrington
Longmeadow
Palmer
Stockbridge
Windsor
Milford
Chicopee Greenfield
Ludlow
Pelham
Sunderland
Worthington
Dartmouth
Clarksburg Hadley
Middlefield
Peru
Tolland
20 Riverside Drive
DEP Central Region
Acton
Charlton
Hopkinton
Millbury
Rutland
Uxbridge
627 Main Street
Ashburnham
Clinton
Hubbardston
Millville
Shirley
Warren
Ashby
Douglas
Hudson
New Braintree
Shrewsbury
Webster
Worcester, MA 01608
Athol
Dudley
Holliston
Northborough
Southborough
Westborough
Phone: 508-792-7650
Auburn
Dunstable
Lancaster
Northbridge
Southbridge
West Boylston
Fax: 508-792-7621
Ayer
East Brookfield
Leicester
North Brookfield
Spencer
West Brookfield
Barre
Fitchburg
Leominster
Oakham
Sterling
Westford
TDD: 508-767-2788
Bellingham
Gardner
Littleton
Oxford
Stow
Westminster
Berlin
Grafton
Lunenburg
Paxton
Sturbridge
Winchendon
Blackstone
Groton
Marlborough
Pepperell
Sutton
Worcester
Bolton
Harvard
Maynard
Petersham
Templeton
Boxborough
Hardwick
Medway
Phillipston
Townsend
Boylston
Holden
Mendon
Princeton
Tyngsborough
Brookfield
Hopedale
Milford
Royalslon
Upton
DEP Southeast Region
Abington
Dartmouth
Freetown
Mattapoisett
Provincetown
Tisbury
20 Riverside Drive
Acushnet
Dennis
Gay Head
Middleborough
Raynham
Truro
Attleboro
Dighton
Gosnold
Nantucket
Rehoboth
Wareham
Lakeville, MA 02347
Avon
Duxbury
Halifax
New Bedford
Rochester
Wellfleet
Phone: 508-946-2700
Barnstable
Eastham
Hanover
North Attleborough
Rockland
West Bridgewater
Fax: 508-947-6557
Berkley
East Bridgewater
Hanson
Norton
Sandwich
Westport
Bourne
Easton
Harwich
Norwell
Scituate
West Tisbury
TDD: 508-946-2795
Brewster
Edgartown
Kingston
Oak Bluffs
Seekonk
Whitman
Bridgewater
Fairhaven
Lakeville
Orleans
Sharon
Wrentham
Brockton
Fall River
Mansfield
Pembroke
Somerset
Yarmouth
Carver
Falmouth
Marion
Plainville
Stoughton
Chatham
Foxborough
Marshfield
Plymouth
Swansea
Chilmark
Franklin
Mashpee
Plymplon
Taunton
DEP Northeast Region
Amesbury
Chelmsford
Hingham
Merrimac
Quincy
Wakefield
1 Winter Street
Andover
Chelsea
Holbrook
Methuen
Randolph
Walpole
Arlington
Cohasset
Hull
Middleton
Reading
Waltham
Boston, MA 02108
Ashland
Concord
Ipswich
Millis
Revere
Watertown
Phone: 617-654-6500
Bedford
Danvers
Lawrence
Milton
Rockport
Wayland
Fax: 617 556-1049
Belmont
Dedham
Lexington
Nahant
Rowley
Wellesley
Beverly
Dover
Lincoln
Natick
Salem
Wenham
TDD: 617-574-6868
Billerica
Dracut
Lowell
Needham
Salisbury
West Newbury
Boston
Essex
Lynn
Newbury
Saugus
Weston
Boxford
Everett
Lynnfield
Newburyport
Sherborn
Westwood
Braintree
Framingham
Malden
Newton
Somerville
Weymouth
Brookline
Georgetown
Manchester -By -The -Sea
Norfolk
Stoneham
Wilmington
Burlington
Gloucester
Marblehead
North Andover
Sudbury
Winchester
Cambridge
Groveland
Medfield
North Reading
Swampscott
Winthrop
Canton
Hamilton
Medford
Norwood
Tewksbury
Woburn
Carlisle
Haverhill
Melrose
Peabody
Topsfield
wpaform8b.doc • DEP Addresses • rev. 1016/05 Page 1 of 1
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
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
reb
�anm
A. General Information
From: North Andover
1. Conservation Commission
2. This issuance is for (check one):
3. To: Applicant:
William
® Order of Conditions
Hmurciak
a. First Name b. Last Name
384 Osgood Street
d. Mailing Address
North Andover
e. City/Town
4. Property Owner (if different from applicant):
DEP File Number:
242-1332
❑ Amended Order of Conditions
Town of North Andover (DPW)
c. Company
MA.
f. State
a. First Name b. Last Name c. Company
d. Mailing Address
e. City/Town
5. Project Location:
Wood Ave, Academy Rd, Chestnut St, Forest St
a. Street Address
Map 58, 60, 73, 106A
c. Assessors Map/Plat Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator):
f. State
North Andover
b. City/Town
Street Right of Way
d. Parcel/Lot Number
e. Latitude
01845
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 (if registered land)
c. Book d. Page
8/12/05 `� D
7. Dates: a. Date Notice of Intent Filed b. Date Publit Hearing Closed c. Date of 4ssuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
neerfari):
w4e'r Mf;;n i2 - Cr" -'+'r"+ 05-1
a. Plan Title
Westin & Sampson Engineers, Inc. Ranthus B. Fouch, III, P. E.
b. Prepared By c. Signed and Stamped by
July 2005 1" = 40'
d. Final Revision Date e. Scale
f. Additional Plan or Document Title g. Date
Exempt under 810 `
s. Total WPA Fee Paid: p �`'`�`� �''"'� �"'`!
CMR 4.02 b. State Fee Paid c. City/Town Fee Paid
wpaform5.doc • rev. 3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
L11Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1332
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a. linear feet
4. ❑ Bordering Vegetated
Wetland a. square feet
5. ❑ Land Under a. square feet
Waterbodies and
Waterways
e. cu.yd dredged
b. linear feet c. linear feet d. linear feet
b. square feet c. square feet d. square feet
b. square feet c. square feet d. square feet
f. cu.yd dredged
wpaform5.doc • rev. 3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1332
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Proposed Permitted Proposed Permitted
Resource Area
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding
a. square feet b. square feet c. square feet d. square feet
Cubic Feet Flood
Storage
e. cubic feet f. cubic feet g. cubic feet h. cubic feet
7. ❑ Isolated Land Subject
to Flooding
a. square feet b. square feet
Cubic Feet Flood
Storage
c. cubic feet d. cubic feet e. cubic feet f. cubic feet
8. ❑ Riverfront area
a. total sq. feet b. total sq. feet
Sq ft within 100 ft
c. square feet d. square feet e. square feet f. square feet
Sq ft between 100-200 ft
e. square feet f. square feet e. square feet f. square feet
Coastal Resource Area Impacts:
Check all that apply below. (For Approvals Only)
9. ❑ Designated Port
Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean
a. square feet b. square feet
c. cu.yd dredged d. cu.yd dredged
11. ❑ Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a. square feet b. square feet c. c/y nourishmt. d. Gy nourishmt.
13. ❑ Coastal Dunes
a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt
14. ❑ Coastal Banks
a. linear feet b. linear feet
15. ❑ Rocky Intertidal
Shores
a. square feet b. square feet
16. ❑ Salt Marshes
a. square feet b. square feet c. square feet d. square feet
17. ❑ Land Under Salt
Ponds
a. square feet b. square feet
c. cu.yd dredged d. cu.yd dredged
18. ❑ Land Containing
Shellfish
a. square feet b. square feet c. square feet d. square feet
19. ❑ Fish Runs
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a. cu.yd dredged b. cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a. square feet b. square feet
wpaform5.doc • rev. 3/1/05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1332
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1332
wpaform5.doc • rev. 3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
1 Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1332
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the .
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16.
Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17.
All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18.
All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more
See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc • rev. 311105 Page 5 of 9
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
DEP File Number:
242-1332
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? M Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
If you need more
space for
additional
conditions,
select box to
attach a text
document
a. Municipal Ordinance or Bylaw b. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b. Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
c. The special conditions relating to municipal ordinance or bylaw are as follows:
See attached
wpaform5.doc • rev. 3/1/05 Page 6 of 9
DEP FILE # 242 -1332
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant.any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andoz,er Wetland
Regi.dations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
C:\W inword\OOC\DPW Watermain.doc
NACC 10/3/2005
DEP FILE # 242 -1332
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1332.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: The installation of new water mains and five hydrants
along the right-of-way of several town owned streets including Chestnut Street, Forest
Street, Wood Avenue, and Academy Road within the buffer zone to Bordering
Vegetated Wetlands and several certified and potential vernal/ephemeral pools.
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Town of North Andover - Department of Public Works
(Applicant)
384 Osgood Street
North Andover, MA 01845
Prepared by: Weston & Sampson Engineers, Inc.
Five Centennial Drive
Peabody, MA 01960
Dated August 12, 2005
Site Plans prepared by: Weston & Sampson Engineers, Inc.
Five Centennial Drive
Peabody, MA 01960
Dated July 2005
Signed & Stamped by Ranthus B. Fouch III, P.E.
Entitled: Water Main Replacement - Contract 05-1,
Sheets 2-7.
Sheet 2 or G-1 entitled "Abbreviations, Notes, And Legend";
Sheet 3 or C-1 entitled "Forest Street";
Sheet 4 or C-2 entitled "Academy Road";
Sheet 5 or C-3 entitled "Chestnut Street";
C:\Winword\OOC\DPWWatermain.doc 2 NACC 10/3/2005
DEP FILE # 242 -1332
Sheet 6 or C-4 entitled "Johnson Street";
Sheet 7 or C-5 entitled "Details".
Other Record Documents: Letter from Division of Fisheries & Wildlife Natural
Heritage Endangered Species Program dated September 9,
2005.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW) and certified/potential vernal/ephemeral pools
(local jurisdiction only). These resource areas are significant to the interests of the Act
and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans referenced herein. However, the associated buffer zones
shown on the approved plans referenced herein are not approved under this filing.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone
and a fifty foot (50') No -Construction Zone shall be established from the edge of the
adjacent wetland resource area and a fifty foot (50') No -Disturbance Zone and seventy-
five (75') No -Construction Zone shall be established from the edge of any adjacent vernal
pool or potential vernal pool except in those areas as shown on the approved plans. A
waiver of the local 25' No -Disturbance Zone and the 50' No -Disturbance zone has been
granted to facilitate the installation of the new water mains. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive these
setbacks as established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the
local Regulations).
33. All work conducted along Forest Street shall be minimized to the greatest extent
feasible or altogether avoided during the amphibian breeding/migration season (March
15th through June 15th) to protect and minimize impacts to the identified
vernal/ephemeral pools or potential vernal/ephemeral pools. The applicant shall make
every effort to conduct work activities on Forest Street between November and March,
when amphibians are less likely to be present. The applicant shall notify the
Conservation Department prior to any work on Forest Street to verify that conditions
are suitable. To this effect, the sequence of construction shall clearly identify the
construction start and completion date on Forest Street to comply with said condition.
34. 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
CAW inword\00C\DPWWatermain.doc 3 NACC 10/3/2005
DEP FILE # 242 -1332
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
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, in the event they proceed to alter
areas subject to the Commission's jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order.
37. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION mi
38. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
40. Signs shall be displayed at each site/street location not less than two square feet or more
than three square feet in size bearing the words "Massachusetts DEP, File Number 242-
1332".
C:\Wimvord\OOC\DPWWatermain.doc 4 NACC 10/3/2005
DEP FILE # 242 - 1332
41. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by other local or
state boards or agencies. This may result in changes,to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
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 the construction of compensation
and retention areas, installation of sedimentation/ erosion control devices and re -
vegetation to be completed before other work begins on-site.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing (several wetland flags were missing and/or not numbered
upon initial project review). All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
45. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. If work along Forest Street cannot be avoided during
the specified time period (condition 33), the applicant shall ensure that the contractor
provides sufficient gaps in the siltation fence and/or haybale line along Forest Street in
order to allow the passage of breeding amphibians. Further, the applicant shall ensure
that once work has been completed and all disturbed areas have been stabilized against
erosion along Forest Street that the Conservation Department is immediately notified
to perform a final inspection for authorization of the removal of the erosion controls
(Forest Street only). All other erosion controls within the project corridor shall remain
in place and in tact until all work had been completed and the site has been fully
stabilized. The erosion control barrier will be properly installed and placed as shown on
C:\Winword\OOC\DPWWatermain.doc 5 NACC 10/3/2005
DEP FILE # 242 -1332
the approved plans referenced herein and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until all disturbed areas have
been permanently stabilized to prevent erosion, except as noted above. All erosion
prevention and sedimentation protection measures found necessary during construction
shall be implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 40 hay bales (10 at each street location) and sufficient stakes
for staking these bales (or an equivalent amount of silt fence). Said bales shall be used
only for the control of emergency erosion problems and shall not be used for the normal
control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$2,500, 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 Professional Wetland Scientist as the project's "Erosion
Control Monitor" (ECM) to oversee any emergency placement of controls and regular
inspection or replacement of sedimentation control devices. The name and phone
number of the erosion control monitor must be provided to the NACC in the event that
this person has to be contacted, due to an emergency at the site, during any 24-hour
period, including weekends. This professional must submit a letter to the Conservation
Department, on company letterhead stating they have been retained as the project's
Erosion Control Monitor. The designated Erosion Control Monitor is subject to
approval by the NACC. This person shall also be given the authority to stop
construction for erosion control purposes. The ECM will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt.
49. On every MONDAY of 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 ECM to the NACC certifying that, to the best of his/ her knowledge and
C:\Winword\OOC\DPWWatermain.doc 6 NACC 10/3/2005
DEP FILE # 242 - 1332
belief based on a careful site inspection, all work is being performed in compliance with
this Order of Conditions and that approved setbacks are being adhered to. The EMC must
visually inspect all sedimentation/ erosion control measures and assume responsibility for
their maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or other
water quality impacts. The erosion control monitor shall also be responsible for ensuring
that sufficient gaps are provided in the erosion controls within the specific locations as
outlined in condition 45.
50.The ECM shall be on site on a full time basis for any work performed on Forest Street to
ensure that the identified and potential vernal/ephemeral pool areas are not adversely
impacted.
51. The ECM shall be on site during and/ or following a major storm event of 1 inch of
rain or greater to ensure that soils remain stable, erosion controls are adequate and secure,
and that all BMP's are adequately functioning.
52. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors, subcontractors and other
personnel performing the permitted work are fully aware of the permit's terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order
of Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72
hours).
"DURING CONSTRUCTION
53. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
54. 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.
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DEP FILE # 242 -1332
55. Upon beginning work, the applicant shall submit written progress reports every month
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next.period. This will update the construction sequence.
56. All catch basins within 100' of a protected wetland resource area shall be adequately
protected as shown on the approved plans. Further protection may be required by the
Conservation Administrator and/or the Erosion Control Monitor at any time. 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.
57. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
58. Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. De -watering activities shall be conducted as shown on
the approved plans referenced herein 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.
59. 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.
60. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
61. 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.
62. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
63. The roadways shall be swept at least once per week or as directed by the Erosion
Control monitor, the Site Supervisor, Project Manager, or the Conservation staff for as
long as the site remains exposed and unstabilized.
64. 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
C:\Winword\OOC\DPWWatermain.doe 8 NACC 10/3/2005
DEP FILE # 242 -1332
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC.
65. Washings from concrete trucks, or surplus -concrete, shall not be directed to, any drainage
system, or wetland resource area.
66. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (or other suitable means) at the site for the storage
and removal of such spent construction materials off-site. However, no trash dumpsters will
be allowed within 50' of areas subject to protection under the Act or local ByLaw.
67. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
68. 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
69. 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.
70. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity.
71. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either by
loaming and seeding according to SCS standards. If the latter course is chosen, stabilization
will be considered complete once vegetative cover has been achieved.
72. 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.
C:\Winword\OOC\DPWWatermain.doc 9 NACC 10/3/2005
DEP FILE # 242 -1332
73. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
74. 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 and a 50' No -
Disturbance Zone and a 75' No -Construction Zone shall be established from
any certified or potential vernal/ ephemeral pool except in those locations
approved this filing. Future work within 100' of existing wetland resource
C:\Wimvord\OOC\DPWWatermain.doc 10 NACC 10/3/2005
DEP FILE # 242 - 1332
areas will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the authority
to waive these setbacks as established under the local ByLaw (Condition
#32);
Maintenance of catch basins (Condition #56);
)�, Discharge or spillage of pollutants (Condition #68);
y Prohibition of underground fuels (Condition #69);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#70).
CAW invord\OOC\DPWWatermain.doc I I NACC 10/3/2005
DEP FILE # 242 -1332
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 nufnber)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
C-4
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)
C:\Winword\OOC\DPWWatermain.doc 12 NACC 10/3/2005
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
DEP File Number:
242-1332
This Order is valid for three years, unless otherwise specified as a special /Oh/es
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance
Please indicate the number of members who will sign this form: %
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 nnnliranf
Sigr
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this
Day
Before me, the undersigned Notary Public,
personally appeared
Essex North
of Je tit Lae, TUU S
MontH Year
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover C f C mmission
CityfTown
VARY LEARY-IPPOLITO
Notary Public
/ Com, onweolth of Massachusetts
;
It �� aay Commission Expires
June 7, 2007
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
dby hand delivery on
la/.3105
Date
onserva ion o
' r
Sign atu e of,. otary Public Af
Printed Nar( of Notary put
My Commission Expires
❑ by certified mail, return receipt requested, on
Date
wpaform5.doc • rev. 3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 -.Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
DEP File Number:
242-1332
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be. required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev. 3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1332
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-----------------------------------------------------------------------------------------------------------------
To:
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
Has been recorded at the Registry of Deeds of:
for:
DEP File Number
County Book
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wnaf—,; r1— • ra 'iN In."
Page
Panty Q of Q
c.
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — 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.
A. Project Information
1. This Certificate of Compliance is issued to:
Town of North Andover Department of Public Works
Name
384 Osgood Street
Mailing Address
North Andover
MA.
DEP File Number:
') Al - 100 7
rivviuCU uy vcr
01845
Cityrrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Town of North Andover Department of Public Works
Name
11/10/03 242-1222
Dated DEP File Number
3. The project site is located at:
Appleton St., Johnson St., Salem St, Anne Road
Street Address
North Andover
Citylrown
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Same
Property Owner (if different)
Essex North
County
Certificate
Book
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
8/19/05
Date
B. Certification
Page
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:
wpaform 8b.doc • rev. 7/13/04 Page 1 of 4
M
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
2-1222
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 24vided
Provided by DEP
B. Certification (cont.)
❑ 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:
U. Autnorizatlon
Issued by:
North Andover
Conservation Commission
This Certificate must be signed
applicant and appropriate DEF,
Signatures:
wpaform 8b.doc • rev. 7/13/04
o7S�_SDate of Iss
)rity of the Conservation Commission and a copy sent to the
Office (See Attachment).
Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1222
Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day
Essex North
Of
12)u c�5
Month
before me, the undersigned Notary Public, personally appeared
,5W4 tICL5,Se—
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
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Year
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
DONNA M. WWTAW EDGE
COMIKIt�nt OF IMUCHuSEM
l4 Comm Expies Aug• 7, 2009
North Andover
City/Town
Place notary seal and/or any stamp above
Conservation Commission
Signature of Notary Public 61
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wpaform 8b.doc • rev. 7/13/04
Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
242-1222
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:
242-1222
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
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
wpaform Bb.doc - rev. 7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP Central Region
Acton
Charlton
Hopkinton
Mail transmittal forms and DEP payments, payable to:
Rutland
Uxbridge
627 Main Street
Commonwealth of Massachusetts
Clinton
Hubbardston
Millville
Department of Environmental Protection
Warren
Ashby
Box 4062
Hudson
New Braintree
Shrewsbury
Boston, MA 02211
Worcester, MA 01608
Athol
Dudley
DEP Western Region Adams Colrain Hampden
Monroe
Pittsfield
Tyringham
436 Dwight Street Agawam Conway Hancock
Montague
Plainfield
Wales
Alford Cummington Hatfield
Monterey
Richmond
Ware
Suite 402 Amherst Dalton Hawley
Montgomery
Rowe
Warwick
Springfield, MA 01103 Ashfield Deerfield Heath
Monson
Russell
Washington
Phone: 413 784-1100 Becket Easthampton Hinsdale
Mount Washington
Sandisfield
Wendell
Belchertown East Longmeadow Holland
New Ashford
Savoy
Westfield
Fax: 413-784-1149 Bemardslon Egremont Holyoke
New Marlborough
Sheffield
Westhampton
Blandford Erving Huntington
New Salem
Shelburne
West Springfield
Brimfield Florida Lanesborough
North Adams
Shutesbury
West Stockbridge
Buckland Gill Lee
Northampton
Southampton
Whately
Charlemont Goshen Lenox
Northfield
South Hadley
Wilbraham
Cheshire Granby Leverett
Orange
Southwick
Williamsburg
Chester Granville Leyden
Otis
Springfield
Williamstown
Chesterfield Great Barrington Longmeadow
Palmer
Stockbridge
Windsor
Chicopee Greenfield Ludlow
Pelham
Sunderland
Worthington
Clarksburg Hadley Middlefield
Peru
Tolland
DEP Central Region
Acton
Charlton
Hopkinton
Millbury
Rutland
Uxbridge
627 Main Street
Ashburnham
Clinton
Hubbardston
Millville
Shirley
Warren
Ashby
Douglas
Hudson
New Braintree
Shrewsbury
Webster
Worcester, MA 01608
Athol
Dudley
Holliston
Northborough
Southborough
Westborough
Phone: 508-792-7650
Auburn
Dunstable
Lancaster
Northbridge
Southbridge
West Boylston
Fax: 508-792-7621
Ayer
East Brookfield
Leicester
North Brookfield
Spencer
West Brookfield
Barre
Fitchburg
Leominster
Oakham
Sterling
Westford
TDD: 508-767-2788
Bellingham
Gardner
Littleton
Oxford
Stow
Westminster
Berlin
Grafton
Lunenburg
Paxton
Sturbridge
Winchendon
Blackstone
Groton
Marlborough
Pepperell
Sutton
Worcester
Bolton
Harvard
Maynard
Petersham
Templeton
Boxborough
Hardwick
Medway
Phillipston
Townsend
Boylston
Holden
Mendon
Princeton
Tyngsborough
Brookfield
Hopedale
Milford
Royalston
Upton
DEP Southeast Region
Abington
Dartmouth
Freetown
Mattapoisetl
Provincetown
Tisbury
20 Riverside Drive
Acushnet
Dennis
Gay Head
Middleborough
Raynham
Truro
Attleboro
Dighton
Gosnold
Nantucket
Rehoboth
Wareham
Lakeville, MA 02347
Avon
Duxbury
Halifax
New Bedford
Rochester
Wellfleet
Phone: 508-946-2700
Barnstable
Eastham
Hanover
North Attleborough
Rockland
West Bridgewater
Fax: 508-947-6557
Berkley
East Bridgewater
Hanson
Norton
Sandwich
Westport
Bourne
Easton
Harwich
Norwell
Scituate
West Tisbury
TDD: 508-946-2795
Brewster
Edgartown
Kingston
Oak Bluffs
Seekonk
Whitman
Bridgewater
Fairhaven
Lakeville
Orleans
Sharon
Wrentham
Brockton
Fall River
Mansfield
Pembroke
Somerset
Yarmouth
Carver
Falmouth
Marion
Plainville
Stoughton
Chatham
Foxborough
Marshfield
Plymouth
Swansea
Chilmark
Franklin
Mashpee
Plympton
Taunton
DEP Northeast Region
Amesbury
Chelmsford
Hingham
Merrimac
Quincy
Wakefield '
1 Winter Street
Andover
Chelsea
Holbrook
Methuen
Randolph
Walpole
Arlington
Cohasset
Hull
Middleton
Reading
Waltham
Boston, MA 02108
Ashland
Concord
Ipswich
Millis
Revere
Watertown
Phone: 617-654-6500
Bedford
Danvers
Lawrence
Milton
Rockport
Wayland
Fax: 617 556-1049
Belmont
Dedham
Lexington
Nahant
Rowley
Wellesley
Beverly
Dover
Lincoln
Natick
Salem
Wenham
TDD: 617-574-6868
Billerica
Dracut
Lowell
Needham
Salisbury
West Newbury
Boston
Essex
Lynn
Newbury
Saugus
Weston
Boxford
Everett
Lynnfield
Newburyport
Sherbom
Westwood
Braintree
Framingham
Malden
Newton
Somerville
Weymouth
Brookline
Georgetown
Manchester -By -The -Sea
Norfolk
Stoneham
Wilmington
Burlington
Gloucester
Marblehead
North Andover
Sudbury
Winchester
Cambridge
Groveland
Medfield
North Reading
Swampscott
Winthrop
Canton
Hamilton
Medford
Norwood
Tewksbury
Woburn
Carlisle
Haverhill
Melrose
Peabody
Topsfield
wpaform8b.doc • DEP Addresses • rev. 8/22/05 Page 1 of 1