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Miscellaneous - 500 GREAT POND ROAD 4/30/2018 (7)
�© GPeAT 12001) R o, CDeN (AL� r LlMassachusetts 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 Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the North Andover Country Club return key. Name Name P. O. Box 99 /Q Mailing Address Mailing Address North Andover MA. 01845 City/Town State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Renovation of Existing Barn 9/21/04 Title Date Title Date Title Date 2. Date Request Filed: 10/22/04 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): Renovation of an existing barn and cart barn within existing footrprint in the Buffer Zone to a bordering vegetated wetland and within Riverfront Area. Project Location: 500 Great Pond Road North Andover Street Address City/Town Map 63 Parcel 12 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc-rev.12/15/00 Page 1 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 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 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) 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. ❑ 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-rev.12/15/00 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability 1 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 It 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 P subject to protection under the Act. Therefore said work does not require 1 q the filing of a Notice of Intent, subject to the following conditions (if any). See attached condition ❑ 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•rev.12/15/00 Page 3 of 5 Negative Determination of Applicability 500 Great Pond Road Conservation Conditions Record Documents: Request for Determination of Applicability, received dated October 22, 2004; Plan entitled"Renovation of Existing Barn", prepared for North Andover Country Club, prepared by Giles Surveying, dated September 21, 2004. Plans stamped & signed by Frank S. Giles II, P.L.S. Issuance of this decision does not negate or su ercede the existing Order of Conditions (242-1187) associated with the same property. Pre-Construction Conditions ➢ Prior to the commencement of any work activities on site, the applicant shall install erosion controls in the locations depicted on the above referenced approved site plan. Said erosion controls shall be installed in accordance with the erosion control detail. ➢ The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. ➢ Immediately following completion of the above, the applicant shall contact the Conservation Department, at least 72 hours in advance, to schedule an on-site pre-construction meeting. During Construction Conditions ➢ 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 shall be placed within 50' of the wetland resource area. Further, the applicant and/or contractor shall ensure that all construction debris associated with the work is properly disposed of on a daily basis. 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.) ❑ 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. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on 62/by certified mail, return receipt requested on I f s- o 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 Commissi A copy must be sent to the approp 'ate DEP Regional Office (see Appendix A) and the property n r(if different from the applicant). gnatures: � 1 CY II Date wpaform2.doe•rev.12/15/00 Page 4 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 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 Appendix A)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 Appendix E: 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-rev.12115/00 Page 5 of 5 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Appendix A - 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 DEP Western Region Adams Colrain Hampden Monroe Pittsfield .Tyringham 436 Dwi ht Street Agawam Conway Hancock Montague Plainfield Wales g 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 Beloherlown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston 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 Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater 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 Mattapoiselt Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax NewBedford 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 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohassel Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Millon Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 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 Wpafonn2.doc•Appendix A•rev.11/22100 Page 1 o 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out1. Person or artYmakin 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 ICI Phone Number Fax Number(if applicable) Project Location Mailing Address Cityrrown 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 ❑ Superseding Determination of Applicability E] Superseding Order of Resource Area Delineation Persedin 9 Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Appendix E•rev.2100 Page 1 of 2 c Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — 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.ealed. 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 Appendix A). 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. wpafonn2.doc•Appendix E•rev.2100 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1187 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 North Andover Country Club computer, use Name only the tab key to move 500 Great Pond Road your cursor- Mailing Address do not use the North Andover MA. 01845 return key. Cityrrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North Andover Country Club Name 6/13/03 242-1187 Dated DEP File Number 3. The project site is located at: 500 Great Pond Road North Andover Street Address City/Town Map 63 Parcel 12 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 7990 91 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/19/05 Date 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: 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 242-1187 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: 68 C. Authorization Issued by: North Andover d1S 0 Conservation Commission Date Issu nce This Certificate must be signed majority of the Conservation Commission and a copy sent to the applicant and appropriat ional Office (See Attachment). Signatures: wpaform 8b.doc•rev.7/13/04 Page 2 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands . DEP File Number: WPA Form 8B — Certificate of Compliance 242-1187 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North y +� u,c c>vs� oZUaS Day On this Of Month Year before me, the undersigned Notary Public, personally appeared Hass Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityrrown Signature of Notary Public '..'� D6p � QED G� M.WEDGE NOTARY PUBLIC Printed Name of otary Public [*7DMNA NWEALTH OFomm.Expires Aug.7,2009 p. r� My Co issio Expi es(Date) Place notary seal and/or any stamp above Sig lure of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1187 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: 242-1187 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 r r i 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 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham Dwight Street Agawam Conway Hancock Montague Plainfield Wales 436 Dwi g Afford Cumminglon 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 Bernardston 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 Miliville 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 Mattapoisett Provincetown Tisbury Acushnet Dennis Gay Head Middleborough Raynham Truro 20 Riverside Drive Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Welffleet Phone:508-946-2700 Bamstable 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 Edgarlown 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 ion 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.8123105 Page 1 of 1 L e+ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-995 Massachusetts Wetlands Protection Act_L1 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 North Andover Country Club computer, use Name only the tab key to move P. O. Box 99 your cursor- Mailing Address do not use the North Andover MA. 01845 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to.- North o:North Andover Country Club Name R` 3/14/00 242-995 r Dated DEP File Number 3. The project site is located at: 500 Great Pond Road North Andover Street Address City/Town Map 63 Map 64 Lot 2, Lot 6, Lot 7 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 5721 111 County Book Page N/A Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/17/03 Date 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: wpaform 8b.doc•rev.12/15/00 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Numi NAPA Form 8B — Certificate of Compliance 242-995 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DI 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 Ac 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 contint for a longer period). Condition Numbers: 66 C. Authorization Issued by: North Andover Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission a opy sent to the appli ant and appropriate DEP Regional Office (See Appendix A). Sign tures: xy,—A/;- On Of Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Pubic r My commis one4pires wpaform 8b.doc•rev.12/15/00 - Page 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-995 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: 242-995 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.12/15/00 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource.Protection - Wetlands WPA Appendix A - 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 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 Bernardston 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 ou Northampton p 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 Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster i Worcester, MA 01605 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancater 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 Balton 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 Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax NewBedford 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 205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Wilmington,MA 01887 Ashland Concord Ipswich Millis Revere Watertown Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 978-661-7615 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:978-661-7679 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•Appendix A•rev.11/17/03 Page 1 of 1 Commonwealth of Massachusetts _ City/Town of NORTH ANDOVERmap _ System Pumping Kecora ECEIT D Form 4 JAN 0 DEP has provided this form for use by local Boards of Health. Other for s may be used, ut the information must be substantially the same as that provided here. Befor y I �06M your local Board of Health to determine the form they use. The System Pum ng qW� V%�nit d to the local Board of Health or other approving authority within 14 days fro accordance with 310 CMR 15.351. A. Facility Information Important: When filling out 1. System Location: f !� forms on the (-5-0- 0 �� �O✓l C JAG computer,use — - only the tab key Address to move your cursor-do not City State Zip Code use the return key. 2. System Owner: Name Address(if different from location) - - City/Town State Zip Code 1�?-,a,-6-e - yiy Telephone Number B. Pumping Record 1. Date of Pumping oat�e ° —�-- 2. Quantity Pumped: Gallons 3. Type of system: ❑ Cesspool(s) ❑ Septic Tank ❑ Tight Tank ❑ Grease Trap M Other(describe): 4. Effluent Tee Filter present? ❑ Yes,R�)No If yes, was it cleaned? ❑ Yes,� No 5. Condition of System: 6. System Pumped By: Name ',�� Vehicle License Number N/ � / Company 7. Location where contents were disposed: firth Source Inc. Signature of Hauler 95 roa wa�te Signature of Receiving Facilit I t5form4.doc•03/06 System Pumping Record•Page 1 of 1 Massachusetts Department of Environmental Protection Provided by MassDEP: } Bureau of Resource Protection- Wetlands MassDEP File#:242-1621 WPA Form 5-Order of Conditions eDEP Transaction#:666020 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 1 A. General Information 1.Conservation Commission NORTH ANDOVER 2. Issuance a. r OOC b.f Amended OOC 3.Applicant Details a.First Name MICHAAL b.Last Name REED c.Organization NORTH ANDOVER COUNTRY CLUB d.Mailing Address C/O THE MORIN CAMERON GROUP,447 BOSTON STREET e.City/Town TOPSFIELD f.State MA g.Zip Code 01983 4.Property Owner a.First Name MICHAEL b.Last Name REED c.Organization NORTH ANDOVER COUNTRY CLUB d.Mailing Address 500 GREAT POND ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 500 GREAT POND ROAD b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 64 e.Parcel/Lot# 6&7 f.Latitude 42.69153N g.Longitude 71.09181W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page . NORTHERN ESSEX 805 92 7.Dates a.Date NOI Filed: 5/5/2014 b.Date Public Hearing Closed: 7/9/2014 c.Date Of Issuance: 7/10/2014 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: PARKING THE MORIN- FACILITY& CAMERON GROUP, SCOTT P.CAMERON,P.E. 6/20/14 I"=20' PARKING LOT INC EXPANSION B. Findings Page 1 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 MTA Form 5- Order of Conditions eDEP Transaction#:666020 City/Town:NORTH ANDOVER s` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 l.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 F Public Water Supply b. F Land Containing Shellfish c.F Prevention of Pollution d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.F 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.F 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.F, Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 0 area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. F Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f c/y dredged Page 2 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Lill Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 WPA Form 5 -Order of Conditions eDEP Transaction#:666020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 7.r Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r Isolated Land Subject to Flooding a.square feet b.square feet ' Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.r Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Lnpacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches T square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.Uy nourishment 15.r Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds a.square feet b.square feet c.cly dredged d.c/y dredged 19.r Land Containing Shellfish Page 3 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: -� Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 MTA Form 5 -Order of Conditions eDEP Transaction 4:666020 ( Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.f Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BV W b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: 1 �--- Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 WPA Form 5 -Order of Conditions eDEP Transaction#:666020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"242-1621" 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) F is not(2)f subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: ? .-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 WPA Form 5-Order of Conditions eDEP Transaction#:666020 ! 1` Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. 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 stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: L7,� WPA Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 Form 5 - Order of Conditions eDEP Transaction#:666020 City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Special Conditions: SEE ATTACHED Page 7 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1621 Bureau of Resource Protection-Wetlands MTA Form 5 -Order of Conditions eDEP Transaction 4:666020 t Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The Conservation Commission hereby(check one that applies): a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. F APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 p y PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED Page 8 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 i '1 WPA Form 5 -Order of Conditions eDEP Transaction#:666020CityPTown:NORTH ANDOVER $ ` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. y`l Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: C by hand delivery on ��y certified mail,return receipt requested,on -71 `oliy Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: i Bureau of Resource Protection-Wetlands MassDEP File#:242-1621 WPA Form 5- Order of Conditions eDEP Transaction#:666020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. .......................................................................................................................................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 500 GREAT POND ROAD 242-1621 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner MICHAEL REED 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 Rev.4/1/2010 Page 10 of 10 *ELECTRONIC COPY DEP FILE #242 - 1621 Findings: • The North Andover Planning Board is concurrently reviewing the herein referenced project and is expected to issue a Watershed Special Permit at its next public meeting. • The proposed project is located within the Zone A of a public water supply. Standard 6 of the Stormwater Management Standards prohibits new stormwater discharges within the Zone A. However, the North Andover Conservation Commission(hereafter the "NACC") recognizes that there are existing stormwater discharges in the Zone A that currently discharge untreated pavement runoff from the project area. The proposed project calls for a modification of those discharges, and the Applicant has demonstrated that the proposed BMPs will provide a net benefit to the water supply by reducing the mass of stormwater pollutants discharged within the Zone A and toward the wetland resource areas. 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: parking lot expansion and associated stormwater management, culvert removal, construction of new putting green, new golf cart path and golf cart parking area, paddle tennis court, and short game practice area. Portions of this work are within 100 feet of Bordering Vegetated Wetland (BVW). The paddle tennis court and short game practice area are more than 100' from the wetland resource area. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant: North Andover Country Club c/o Morin-Cameron Group, Inc. 447 Boston Street Topsfield, Massachusetts 01983 Property Owner: North Andover Country Club 500 Great Pond Road North Andover, MA 01845 Notice of Intent filed by: Scott Cameron The Morin-Cameron Group, Inc. 242-1621,500 Great Pond Rd Parking Special Conditions 1 NACC 7/10/2014 DEP FILE #242 - 1621 447 Boston Street T0psfleld:7� IA 01-983 Date filed: May 2, 2014 Sections 1-9 Site Plans prepared by: The Morin Cameron Group, Inc. Titled: Practice Facility & Parking Lot Expansion (Sheets 1 through 4) Last Revised: 6/20/14 Stamped by: Scott P. C, P.E. Other Record Documents: Long Term Pollution Prevention Plan) Prepared by: The Morin-Cameron Group, Inx. Received June 20,2014 Request for Waiver From: Scott P. Cameron, PE Date: June 30,2014 Stormwater Review: Lisa D. Eggleston, P.E. Eggleston Environmental 32 Old Framingham Road, Unit#29 Sudbury, MA 01776 Letter Dated: May 14, 2014 Email Dated: June 24, 2014 Response to Stormwater Review Prepared by The Morin-Cameron Group, Inc. Scott P. Cameron, P.E. Dated: June 20, 2014 Interoffice Memorandum Prepared by Gene Willis Dated May 23,2014 and June 11, 2014 Wetland Delineation Conducted by: DeRosa Environmental 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 242-1621,500 Great Pond Rd Parking Special Conditions 2 NACC 7/10/2014 DEP FILE#242 - 1621 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, il�e—myluyees`anzd ail-successors-and assigns-in-interest or-cont-r-o1- T-hese obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty dais (30) prior to the eviration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 242-1621,500 Great Pond Rd Parking Special Conditions 3 NACC 7/10/2014 DEP FILE #242 - 1621 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to-Bo�r-derirlg—Vegetated-Wetland(-BJ�1W)TThese-resouree-areas-are-s&ig-nifieant-to-t-he interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area as shown on the herein referenced plans. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. 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). It should be noted that the creation of the pocket wetland/bioretention area does not create additional wetland resource area or associated buffer zone on the property in accordance with 310 CMR 10.02(3)(C). 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 242-1621,500 Great Pond Rd Parking Special Conditions 4 NACC 7/10/2014 DEP FILE#242 - 1621 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately ter thmexpiratbon of-all appealTeriods NNo work shall be-undertakenunt l-the-Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1621." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, excavation, drainage installation and all other work planned through final stabilization. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 242-1621,500 Great Pond Rd Parking Special Conditions 5 NACC 7/10/2014 DEP FILE#242 - 1621 —4-4—. A-row-of-trenched-siltation-f en-ce-shal-1be laced between-a-1-1 construotion-areas-and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 45. Silt sacks will be placed in catch basins within 100-feet of the work. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten(10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales/fence 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 $2,000 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. 48. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that 242-1621,500 Great Pond Rd Parking Special Conditions 6 NACC 7/10/2014 DEP FILE#242 - 1621 requires attention by the Commission or the agent. The erosion control monitor will be-r-equir-ed t-o inspeeet-all such devices-aid oversee-clea.n.ing-arid the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 49. At least once during each week in which construction activities occur on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor, the 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). 242-1621,500 Great Pond Rd Parking Special Conditions 7 NACC 7/10/2014 DEP FILE #242 - 1621 STORMWATER MANAGEMENT CONDITIONSJ1 52. 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 ana ement Policy and as approved b the NACC in this Order of Stormwater M y pp y Management Conditions. 53. Proposed Stormwater management areas are located within the Watershed Protection District. As such, landscape areas will be constructed in a manner that will minimize maintenance requirements including aeration of soils placement of a minimum of 6" of topsoil, and installation of native vegetation/seed mixes. The pocket wetland/bioretention basin must be well vegetated. Once planted the basin and swale will be monitored annually for two years. A monitoring report and photos of the areas will be submitted by a qualified wetland professional by November 1 for the two years following planting. If seed mixes do not take well, an alternative planting plan will be presented to the Conservation Department for approval and implemented with an additional year of monitoring to follow. 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Erosion control measures shall be implemented and maintained in accordance with the Construction Period Pollution Prevention Plan and the Plan of record referenced herein. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Long-Term Pollution Prevention Plan(LTPPP) attached herein and the associated stormwater management conditions mandated herein. 58. All stormwater best management practices shall be maintained as specified in the LTPPP submitted with the Notice of Intent and updated in the "Response to Stormwater Review" referenced herein. The LTPPP will be incorporated in the Order of Conditions. The approved LTPPP is fully binding upon the applicant and/or owners, successors,agents, associations,heirs and assigns and must be adhered to in 242-1621,500 Great Pond Rd Parking Special Conditions 8 NACC 7/10/2014 DEP FILE#242 - 1621 perpetuity. A log/proof of annual maintenance activities for all stormwater BMPs Shall bemaintained--in per-petuity for-a-pr-ior-5 ye-aar period and-sha-ll be—available—utpon request for review by the NACC or its agent 59. The applicants, owners, and their successors and assignees, shall maintain, in perpetuity all swales, bioretention areas, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 60. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report(see condition#49). 61. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 62. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily. 63. 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. 64. All exposed soil finish grade surfaces shall be immediately landscaped (native plantings/seed mixes) and stabilized, or loamed, seeded and mulched,with a layer of mulch hay. 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. 242-1621,500 Great Pond Rd Parking Special Conditions 9 NACC 7/10/2014 DEP FILE #242 - 1621 65. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical)-Slopes-of-steeper gr-ade-ahall be rip rapped to provid-eper-ma-nent stabilization. 66. 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. 67. 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. 68. 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. 69. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 70. 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 71. 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. 72. 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. 242-1621,500 Great Pond Rd Parking Special Conditions 10 NACC 7/10/2014 DEP FILE#242 - 1621 73. The use of coal tar-based pavement sealants is prohibited on the property, as they ghie-bterlde y-cli -ar- ar��ar ons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 74. 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. 75. 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. 76. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A-"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor if appropriate) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & 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 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. 242-1621>500 Great Pond Rd Parking Special Conditions I 1 NACC 7/10/2014 P DEP FILE#242 - 1621 —A-line-showing-t ie-limit-of-work-and-the-extent-of-existing-erosiDncontrol devices. "Work" includes as disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 77. 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 as approved under DEP # 242-1621. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Stormwater Management System Maintenance (Condition#58) ➢ Discharge or spillage of pollutants (Condition#70); ➢ Prohibition of underground fuels (Condition#71); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #72); ➢ Prohibition on coal tar-based sealants (Condition#73). 242-1621,500 Great Pond Rd Parking Special Conditions 12 NACC 7/10/2014 DEP FILE#242 - 1621 4P'-P--E '[X-A-®A.FIDA�IT 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. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. 1 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. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1621,500 Great Pond Rd Parking Special Conditions 13 NACC 7/10/2014 Long Term Pollution Prevention Plan for 501DZ;reat-Pond-toad North Andover, Massachusetts The following operation and maintenance plan has been provided to satisfy the requirements of Standard 9 of the MassDEP Stormwater Management Handbook. The success of the Stormwater Management Plan depends on the proper implementation, operation and maintenance of several management components. The following procedures shall be implemented to ensure success of the Stormwater Management Plan: 1. The contractor shall comply with the details of construction of the site as shown on the approved plans. 2. The catch basins, Bio Retention Area, CDS Water Quality Unit and Forebay/Detention Basin shall be inspected and maintained as shown in the manufacturer's guidelines and as indicated below. 3. Effective erosion control measurers during and after construction shall be maintained until a stable turf is established on all altered areas. 4. The project is subject to an EPA National Pollutant Discharge Elimination System - Construction General Permit regulations and a Stormwater Pollution Prevention Plan (NDPES-SWPPP). The plan shall be implemented at least 14 days prior to the start of earth disturbance activities. Basic Information Stormwater Management System Owner: Mr. Michael Reed President of the Board of Governors North Andover Country Club 500 Great Pond Road North Andover, MA 01845 978-686-0318 North Andover Department of Public Works: Bruce D. Thibodeau, P.E. Director 384 Osgood Street North Andover, MA 01845 978-685-0950 North Andover Planning Department: Mr. Curt Bellavance, AICP Community Development Dir. 1600 Osgood Street North Andover, MA 01845 978-688-9535 North Andover Conservation Commission: Ms. Jennifer Hughes Conservation Administrator 1600 Osgood Street Suite 2035 North Andover, MA 01845 978-688-9530 Erosion and Sedimentation Controls During Construction: The site and rainage construction contractor s1715 responsible for maintainMLmg--the stormwater system during construction. Routine maintenance of all items shall be performed to ensure adequate runoff and pollution control during construction. A proposed silt fence wilt be placed as shown on the proposed plan prior to the commencement of any clearing, grubbing, and earth removal or construction activity. The integrity of the erosion control barrier will be maintained by periodic inspection and replacement as necessary. The erosion control barrier will remain in place until the first course of pavement has been placed and all side slopes have been loamed and seeded and vegetation has been established. A silt sack will also be placed over the existing catch basins and the new catch basin once it is constructed. Operations and maintenance plans for the Stormwater Management construction phase and long term operation of the system have been attached to this report. General Conditions 1. The property owner shall be responsible for scheduling regular inspections and maintenance of the stormwater BMP's as detailed in the following long-term pollution prevention plan and illustrated on the approved design plans: "Site Development Plan Designed for 500 Great Pond Road, North Andover, Massachusetts, Sheets E-1, prepared by The Morin-Cameron Group, Inc. dated May 1, 2014 as approved by the North Andover Planning Board. 2. All Stormwater BMP's shall be operated and maintained in accordance with the design plans and the following Long-Term Pollution Prevention Plan. 3. The owner shall: a. Maintain an Operation and Maintenance Log (see Attachment A) for the last three years. The log shalt include all BMP inspections, repairs, replacement activities and disposal activities (disposal material and disposal location shall be included in the log); b. Make the log available to the North Andover Department of Public Works, Conservation Commission and Planning Department upon request; c. Allow members and agents of the North Andover Department of Public Works, Conservation Commission and Planning Department to enter the premises and ensure that the Owner has complied with the Operation and Maintenance Plan requirements for each BMP. 4. A recommended inspection and maintenance schedule is outlined below based on statewide averages. This inspection and maintenance schedule shall be adhered to at a minimum for the first year of service of all BMP's referenced in this document. At the commencement of the first year of service, a more accurate inspection/maintenance schedule shall be determined based on the level of service for this site. Long-Term Pollution Prevention Plan (LTPPP) --"�e�etated-A-rea3- Immediately after construction, monitoring of the erosion control systems shall occur until establishment of natural vegetation. Afterwards, vegetated areas shall be maintained as such. Vegetation shall be replaced as necessary to ensure proper stabilization of the site. Cost: Included with annual landscaping budget. Consult with local landscape contractors. Paved Areas: Sweepers shall sweep paved areas semi-annually during dry weather to remove excess sediments and to reduce the amount of sediments that the drainage system shall have to remove from the runoff. The sweeping shall be conducted primarily between March 15th and November 15th. Special attention shall be made to sweeping paved surfaces in March and April before spring rains wash residual sand into the drainage system. Cost: $100-$150 per sweeping Salt used for de-icing on the parking lot during winter months is prohibited in the Ground Water Overlay District. Sand containing the minimum amount of calcium chloride (or approved equivalent) needed for handling may be applied as part of the routine winter maintenance activities. Catch Basins The catch basin grates shall be checked quarterly and following heavy rainfalls to verify that the inlet openings are not clogged by debris. Debris shall be removed from the grates and disposed of properly. Deep sump catch basins shall be inspected and cleaned quarterly as needed when accumulated sediments exceed 2' from the bottom of the sump (approximately 1/2 of the sump capacity). Catch basins with hoods shall be inspected annually to check oil build-up and outlet obstructions. Material shall be removed from catch basins and disposed of in accordance with all applicable regulations by a licensed hauler. Cost: Estimated $50 - $100 per cleaning per catch basin as needed. The Owner shall consult local waste haulers for detailed cost estimates. Public Safety Concerns: Catch basins shall not be left open and unattended at any time during inspection, cleaning or otherwise. Broken grates or frames shall be replaced immediately. At no time shall any person enter the basin structure unless measures have been taken to ensure safe access in accordance with enclosed space regulations. Sediment Forebay/Detention Basin: The sediment fore bay/d etentio n basin shall be inspected after every major storm event for the first 3 months after construction; a major storm event is 3.9 inches of rainfall in a 24 hour period (5 year storm). Thereafter, the basin shall be inspected twice per year. If the system does not drain within 72 hours of a rainstorm, the operator shall inform the design engineer. Cost: $800-$1,000 per cleaning of each system. Consult local pumping companies for costs associated with cleaning of basins_if_necessanyAo_r_emoye sediment. Wet Water Quality Swale: Premature failure of the wet water quality swale is caused by lack of regular maintenance. Inspect the system regularly for sediment build-up, structural damage and standing water. Inspect soil and repair eroded areas as needed. Remove litter and debris monthly. Treat diseased vegetation twice per year in spring and fall. Remove invasive species as needed to prevent these species from spreading into the wet water quality swale. Snow cannot be stored in the wet water quality swale. Following is a schedule of the required maintenance activities along with their frequency of occurrence: Activity Time of Year Frequency Inspect & remove trash Year Round Monthly Remove Dead Vegetation Fall or Spring Annually Replace Dead Vegetation Spring Annually Prune Spring or Fall Annually Costs: The owner shall consult a local landscaping contractor for details. Pocket Wetland/Bioretention Basin: Inspect the pocket wetland twice per year for the first three years during both the growing and non-growing seasons. During these inspections, record and map the following information: • The types and distribution of the dominant wetland plants in the wetland. • The presence and distribution of planted wetland species. • The presence and distribution of invasive wetland species (invasive species must be removed). • Indications that other species are replacing the planted wetland species. • Percentage of standing water that is unvegetated. • Stability of the original depth zones and the mirco-topographic features. • Accumulation of sediment and survival rate of plants (dead plants must be replanted) Any slope erosion within the facility shall be stabilized and repaired as soon as practical. The outlet structure and embankment shall be inspected annually for structural integrity. The inspections shall be conducted by qualified personnel. Inspect and.remove accumulated debris from the outlet structure on a quarterly basis. Sediment dredging within the pocket wetland may be required every 10-years depending on use. i Debris & Litter: All debris and litter shall be removed from the parking area as necessary to prevent migration into the drainage system. Pesticides, Herbicides, and Fertilizers: Pesticides and herbicides shall be used in accordance with the Ground Water Protection Overlay District regulations of the Zoning Bylaw as amended from time to time. Fertilizers shall be restricted to the use of organic fertilizers only. All fertilizers, herbicides, pesticides, and the like shall be stored in a dry area that is protected from weather. Cost: Included in the routine landscaping maintenance schedule. The Owner shall consult local landscaping contractors for details. Public Safety Concerns: Chemicals shall be stored in a secure area to prevent children from obtaining access to them. Any major spills shall be reported to municipal officials. Snow Storage and Removal: Snow storage areas are designated on the approved design plans. Snow shall only be stored in designated areas. In heavy snow seasons, snow shall be removed from the property and disposed of in accordance with applicable regulations and a certified snow disposal site. The owner shall be responsible for informing snow removal contractors of the location for snow storage areas on the property. Cost: Annual snow removal budget to be established by the Owner. The Owner shall consult local snow removal contractors for details. Prevention of Illicit Discharges: Illicit discharges to the stormwater management system are not allowed. Illicit discharges are discharges that are not comprised entirely of stormwater. Pursuant to MassDEP Stormwater Standards the following activities or facilities are not considered illicit discharges: firefighting, water line flushing, landscape irrigation, uncontaminated groundwater, potable water sources, foundation drains, air conditioning condensation, footing drains, individual resident car washing, flows from riparian habitats and wetlands, dechlorinated water from swimming pools, water used for street washing and water used to clean residential building without detergents. To prevent illicit discharges to the stormwater management system the following policies should be implemented: 1. Provisions For Storing Materials and Waste Products Inside or Under Cover 2. Vehicle Maintenance and Washing Controls 3. Requirements for Routine Inspections of the Stormwater Management System (ie: catch basins, proprietary treatment unit &subsurface infiltration system.) 4. Spill Prevention and Response Plans. X:\NACC\3006\Docs\OM\Long Term Pollution Prevention Plan.docx Y Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1534 WPA Form 5 -Order of Conditions eDEP Transaction#:431371 # Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. r OOC b.r Amended OOC 3.Applicant Details a.First Name b.Last Name c.Organization C/O THE NEVE-MORIN GROUP INC. d.Mailing Address 447 BOSTON STREET e.City/Town TOPSFIELD f.State MA g.Zip Code 01983 4.Property Owner a.First Name b.Last Name c.Organization NORTH ANDOVER COUNTRY CLUB d.Mailing Address PO BOX 99,500 GREAT POND ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 500 GREAT POND ROAD b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 63 e.Parcel/Lot# 12 f.Latitude 42.69476N g.Longitude 71.09194W 6.Property recorded at the Registry of Deed for: a.County . b.Certificate c.Book d.Page NORTHERN ESSEX 269 374 7.Dates a.Date NOI Filed: 10/3/2011 b.Date Public Hearing Closed: 11/2/2011 c.Date Of Issuance: 11/16/2011 8.17inal Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: PROPOSED TENNIS COURT THE NEVE-MORIN RECONSTRUCTION GROUP JOHN M.MORIN,P.E. October 12,2011 1"=30' 500 GREAT POND ROAD Page 1 of 10*ELECTRONIC COPY s � Massachusetts Department of Environmental Protection Provided by MassDEP: r� Bureau of Resource Protection-Wetlands MassDEP File#:242-1534 WPA Form 5-Order of Conditions eDEP Transaction#:431371 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. r Public Water Supply b r Land ContainingShellfish "-"c.G Prevention tio-n of Po"ll"u"t`ion d. F] Private Water Supply e. r Fisheries f. fel Protection of Wildlife Habitat 3 1 g. 1✓ Ground Water Supply h. r Storm Damage Prevention i. r Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.F�l 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.1.7 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). 22 a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑Bank - a linear feet b.linear feet c.linear feet d.-linear feet 5.1- 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#:242-1534 MTA Form 5 -Order of Conditions eDEP Transaction#:431371 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-NORTH ANDOVER e.c/y dredged f.c/y dredged 7.r Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.❑Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a square feet b.square feet c.c/y dredged d.c/y dredged 12.U Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches b. a.square feet square feet c.c/y nourishment d c/y nourishment 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r.Coastal Banks a.linear feet b.linear feet 16.f;Rocky Intertidal Shores a.square feet b.square feet 17.Cif Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r 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 4:242-1534 WPA Form 5-Order of Conditions eDEP Transaction#:431371 f t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER 19.17 Land Containing Shellfish a square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above C.c/y dredged d.c/y dredged 21.r Land Subject to Coastal Storm Flowage a square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act,or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not 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#:242-1534 MTA Form 5-Order of Conditions eDEP Transaction#:431371 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown: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:"242-1534" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff 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#:242-1534 re WPA Form 5 - Order of Conditions eDEP Transaction#:431371 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town: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 stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the 0&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. J) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1534 WPA Form 5-Order of Conditions eDEP Transaction#:431371 L11 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified �� " /7 " pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by � — a majority of the Conservation Commission. 2.Numbef 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 r✓6y certified mail,return receipt requested,on f Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY 71 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1534 WPA Form 5-Order of Conditions eDEP Transaction#:431371 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER L1 R stonnwater 13MPs 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#:242-1534 WPA Form 5-Order of Conditions eDEP Transaction#:431371 1 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance I• Is a municipal wetlands bylaw or ordinance applicable?r Yes f_7 No 2. The Conservation Commission hereby(check one that applied a. ❑ DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or Bylaw NORTH ANDOVER p y WETLANDS 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 DEP FILE#242 - 1534 Therefore,the North Andover Conservation Commission(hereafter the "NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the followiLig conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: removal of the existing tennis courts and clay court base and reconstruction of new courts with Har-Tru surface within the existing footprint. An infiltration trench will also be constructed between the courts and the wetland resource area. 21. 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: The Neve-Morin Group, Inc. 447 Old Boston Road Topsfield, MA 01983 Site Plans prepared by: The Neve-Morin Group, Inc. Title: Proposed Tennis Court Reconstruction 500 Great Pond Road Date: September 28, 2011 Revised: October 12,2011 Stamped by: John M. Morin, P.E. 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These \ obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. CAWinword\00C\boi1er1.doc 1 NACC 11/17/2011 DEP FILE #242 - 1534 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00),the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days QQ) prior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. This Order of Conditions is issued in addition to those issued under File Nos. 242- 1187, 242-995 and 242-948; Certificates of Compliance have been obtained for all prior Orders. 32. 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). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVD associated with the Bank of Lake Cochichewick. 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 CAWinword\00C\boi1er1.doc 2 NACC 11/17/2011 DEP FILE #242 - 1534 overcome the presumption of significance of these resource areas to the identified interests. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: replacement of existing courts within the 50-foot No-Build Zone. 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). 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 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. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 38. 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 39. 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. CAWinword\00C\boi1er1.doc 3 NACC 11/17/2011 DEP FILE #242 - 1534 40. 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. 41. 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 242-1534." 42. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 43. 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. 44. 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. 45. 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. CAWinword\00C\boi1er1.doc 4 NACC 11/17/2011 DEP FILE #242 - 1534 46. A 12-inch or greater Filtrex Filter Sock staked shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commissions request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence or filter sock, l hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $2,000 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 and 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 C:\Winword\00C\boi1er1.doc 5 NACC 11/17/2011 DEP FILE #242 - 1534 and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once duringh w - each eek in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor' to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The Erosion.Control Monitor shall be on site during and/or following a major storm event of 1/2' 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" with seven (7) signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 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,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 CAWinword\00C\boi1er1.doc 6 NACC 11/17/2011 DEP FILE #242 - 1534 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,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 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. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins,traps, outlet structures, subsurface storage areas, and other elements of the drainage system in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 58. 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. 59. No dewatering is proposed as part of this project. 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. CAWinword\OOC\boilerl.doc 7 NACC 11/17/2011 DEP FILE #242 - 1534 60. 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. 61. 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. 62. 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. 63. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 64. There shall be no truck washing on site. 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 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. 66. Accepted engineering and construction standards andP rocedures shall be followed in the completion of the project. 67. Duringand after work on this project, there shall be no discharge orspillage of fuel or P J � g 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 CAWinword\00C\boi1er1.doc 8 NACC 11/17/2011 DEP FILE #242 - 1534 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. 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 Towri 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 by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full 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. CAWinword\00C\boi1er1.doc 9 NACC 11/17/2011 DEP FILE #242 - 1534 ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a--y disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 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 except in those locations approved under DEP# 242-1534. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (See 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); ➢ Discharge or spillage of pollutants (Condition#67); ➢ Prohibition of underground fuels (Condition#68); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #69). CAWinword\OOC\boilerl.doc 10 NACC 11/17/2011 DEP FILE#242 - 1534 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 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. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) C:\Winword\00C\boi1er1.doc 11 NACC 11/17/2011 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection- Wetlands 242-948 WPA Form 5 - Order of Conditions for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Applicant Information From: The Notice of Intent for this project was filed on: NORTH ANDOVER February 3, 1999' a Con-s vationCommission Date For: The public hearing was closed on: 242-948 March 24, 1999 Rtea File Number Dare To: North Andover Country Club Title and Date of final Plans and Other Documents: c/o Richard Hornidge Applicant Name 500 Great Pond Road1 Mailing Address Ccn�,rr nl 1 W North Andover MA 01845 �SS�CiafS CitylTown h Q (1 PP r((1(i State Zip Code Q.��(� 06-7)b-er I C 0 The project site is located at: — NORTH ANDOVER Cityffown 64 6 Assessors Map/Plat.f Parcel/Lot d and the property is recorded at the Registry of Deeds for: Essex 4499 145 County Book Page Certificatei(registered land) ( m9 , Findings Furthermore,this Commission hereby finds that the project,as Findings pursuant to the Massachusetts Wetlands proposed,is: Protection Act: (check one of the following boxes) Following the review of the above-referenced Notice of Intent Approved subject to: and based on the information provided in this application and Vthie followi conditions which are necessary,in accordance presented at the public hearing,this commission finds that then9 with the performance standards set forth in the wetlands area in which work is proposed is significant to the following regulations,to protect those interests checked above. This interests of the Wetlands Protection Act(check all that apply): / Commission orders that all the'work shall be performed in blic Water Supply accordance with the Notice of Intent referenced above,the 7Private Water Supply following General Conditions,and any other special C� oundwater Supply conditions attached to this Order.To the extent that the C�Flood Control following conditions modify or differ from the plans, Elnd Containing Shellfish specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. fisheries 3t rm Damage Prevention ff evention of Pollution t�Protection of Wildlife Habitat CMA 10.69 Form 5 DEP F,4 No• I 242-916 7 (to ae cxWKs�-n by UEt't r=- Commonwealth c,ry,lown North Andover +i- = of Massachusetts North Andover Country Club aooiicam Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 and under the Town Qf North Andover' s Bylaw Chapter . 178 From NORTH ANDOVER CONSERVATION CORNISSION To North Andover Country Club Same (Name of Applicant) (Nome of property owner) 4ddress 500 Great Pond Road Address This Order is issued and delivered as follows: by hand delivery to applicant or representative on (dole) 7 by certified mail. return receipt requested on 8/6/98 (date) This project is located at 500 Great Pond Road The property is recorded at the Registry of Nn r r lip rtl r•='x _ Pook - 4499 Page 145 Zertificate(if registered) ----- --- The Notice of Intent for this project was fifed on June 17, 1998 (dale) The public hearing was closed on July 15, 1998 (date) Findings The North Andover Conservation Commission has reviewed the above-refer?,iced Holice of ntent and plans and has held a public hearing on the project. Based on the inlormalrcn availaoie Ic Hie NACC at this time, the _�1tit (' _ has deternimed Ihnl he area on which the proeosed work is to be done is signilicant Ie the icliewin�i interests in ac:oronnce v.ith he Presumptions of SignificaCC��ce g2f JJo h in the reoulahons for each Area Subject to Frolec'ron Under Me th. L� 3 Recreation pct (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178 Wildlife X11 Pubiio water supply Flood control ❑ lnnd containing shell ish Private water supply Storm damage preventionFisheries Ground wafer supply Prevention of pollution t Protection of wildlife iiabitzC $250.00 State Shari? $112.50 Total Filing Fee Submitted — City/Town Share $137 50 ('.': lee in ozcess of S?�) Total Refund Due S City/Town Portion 5 State Portion S a!) ('iz total) (n to(em.