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Home My WebLink AboutMiscellaneous - 565 TURNPIKE STREET 4/30/2018 (8)Massachusetts Department of Environmental Protection L7)1 Bureau of Resource Protection - Wetlands WPA Form 813 — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 942-1531 rrovlaea oy ur-r Important: When filling out forms on the computer, use only the tab key to move your A. 1. Project Information This Certificate of Compliance is issued to: Merrimack College c/o Jeff Doggett Name 315 Turnpike Street cursor - do not Mailing Address use the return MA 01845 North Andover key. State Zip Code City/Town 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Merrimack College c/o Jeff Doggett Name 242-1531 February 10, 2012 DEP File Number Dated 3. The project site is located at: 315 Turnpike Street North Andover Street Address City/Town Map 25 Parcel 67 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner (if different) Essex Northern County Doc# 106078 Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/16/14 Date wpafrm8b.doc • rev. 5/29/14 WPA Form 813, Certificate of Compliance • Page 1 of 3 v ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1531 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above -referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above -referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 85 C. Authorization Issued by: North Andover wpafrm8b.doc • rev. 5/29/14 Conservation Commission D to of I suance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep regional-office-for-your-city-or-town.html). WPA Form 813, Certificate of Compliance • Page 2 of 3 a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242.1531 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: 315 Turnpike Street 242-1531 Project Location DEP File Number Has been recorded at the Registry of Deeds of: for: Essex Northern County Merrimack College Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: wpafrm8b.doc • rev. 5/29/14 Document Number Signature of Applicant WPA Form 8B, Certificate of Compliance • Page 3 of 3 i'"0EFile No. 2.42-300 - ' (To be provided by OEDE) Commonwealth' }' City/Town Nor. tlh 'Andover of Massachusetts Applicant Merrimack Colle'g� Order of Conditions Massachusetts Wetlands Protection -Act f and under _ th'e 'Town' of'North'°Aridove'-r' , -1 A-&' B`:.h nr' :�ap.:111.i. q,�q From North Andover ConservatioriCoinriai-s:sion John Palmucci To 1,ierri.m.ack Co]Jec e (Name of Applicant) (Nb ne of property owner) _ jet? Turnpike Street North Andover, 1,1A' 01845 Address Address This Order is issued and delivered as follows: ❑ iby hand delivery to applicant or representative on (date) , 1' O by certified mail, return receipt requested on Q, 100r, (date). ? This project is located at Merr- i rnacic 'Col I_ep e The property is recorded at the Registry of }; s s e x Nor' t- -) " Book 30 Page 329 Certificate (if registered) The Notice of Intent for this project was filed on 'S e ntembe r •• 1.7 ; 19P,5 (date) The public hearing was closed on S e nt- (-,-mbp r 25, 198 5 (date) 3 4 Findings "�- The NACC has re riewed the above -referenced Notice of Intent and plans and has held a public'hearing on the project. Based orAhe information available to the N<.0 C at this time, the 1�Ir! 0.�. has determined that. the area on which the proposed work is to be done is significant t-., the ollowing, interests in accordance with `;:,,"' the Presumptions of Significance set forth in the regulations for each b: )a Subject to Protection Under the , Act (check as appropriate): 10 Public water supply M Storm damage prevention 7,+ RI Private water supply Prevention of pollution' 129 Ground water supply ❑' Land containing shellfish m 'Flood control " ❑ Fisheries ' �V J V S. RUSSELL SYLVA Commissioner 617-935-2160 Frank Rounds Co.. 65 York Avenue Randolph, MA 02368 . Attention. 14r. Lee Ehrenseller �Gl/QI�GLlV2� �%t4�% September 20, 1987 Re: NORTH ANDOVER -Metropolitan Boston/Northeast Region 310 CMR 7.02 - Plans Approval Appl. No. MBR -87 -COM -064 ACKNOWLEDGEMENT LETTER This letter is to acknowledge your communication received by this office on September 16, 1987 relative to a plans application (Regulation 310 CMR 7.02) concerning the installation of two replacement boilers at [Merrimack C611ege, Turnpike Street, North Andover, Massachusetts. Your application has been assigned the number MBR- 87 -COM -064. Please refer to this application number on all future correspondence with the Region. Please be advised that the installation, construction, or operation of the described equip- ment, without prior written approval from the Department, may result in the imposition of administrative penalties of up to $25,000 per day of violation. Please be further advised that Section 142B of Chapter 111 of the General Laws has been amended so as to allow the Department, at the discretion of the Commissioner, the abil- ity to keep certain information confidential when requested. This confidentiality will apply to any secret processes, methods of manufacturing, or production information which could divulge a trade secret. Emission data may not be kept confidential under any circum- stances, and as such will be considered part of the public record. Any request to apply confidentiality to information submitted to this office must be made is writing, should accompany the submitted information to which it applies, and must adequately specify those items to which the applicant requests confidential treatment. Should you have any q�estions concerning this application, please contactT the review engineer assigned to this project, Mr. Robert Rio, at the above address and/or telephone number. Very truly yours, " C- 169 TRP/rr/DV Thomas R. Parks cc: MBAPCD Principal Air Pollution Control Engineer DAQC Board of Health, Town Building, North Andover,MA 01845 Fire Headquarters, 124 Main Street, North Andover,MA 01845 ARGEO PAUL CELLUCCI Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office Merrimack College - 315 Turnpike Street North Andover, Massachusetts 01845 Attn: Robert Coppola Dear Mr. Coppola: TRUDY COXE Secretary DAVID B. STRUHS JUL171998 Commissioner RE: NORTH ANDOVER 315 Turnpike Street ..- RTN #3-16903 RELEASE NOTIFICATION & NOTICE OF POTENTIAL RESPONSIBILITY; MGL c. 21 E & 310 CMR 40.0000 On June 11, 1998 at 1:10 p.m. the Department received oral notification of a release/threat of release of oil/hazardous material at the subject location. The Department has reason to believe that the release/threat of release which was reported is or may be a disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to Merrimack College) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21 E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", meaning that responsible parties are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Please refer to M.G.L. c. 21 E for complete description of potential liability. GENERAL RESPONSE ACTION REQUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. 205a Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 • Fax (978) 661-7615 • TDD # (978) 661-7679 ca Printed on Recycled Paper r a Merrimack College Page -2- been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21 E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons un/dertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been .achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1145.] There are several other submittals required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by the Department, must be provided to DEP within specific regulatory timeframes. The submittals are as follows: (1) If information is obtained after making an oral or written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) if one has not been submitted, a Release Notification Form (RNF) [copy attached] must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (3) unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (310 CMR 40.0427) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier; and (4) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the 19. ya Merrimack College Page -3- Department issues an NOR, whichever occurs earlier. (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of $750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or after the date e Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the date the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. If you have any questions relative to this notice, you should contact the undersigned at the letterhead address or (978) 661-7600. All future communications regarding this release must reference the Release Tracking Number (RTN #3-16903) contained in the subject block of this letter. Sincer y, King ey Ndi Chief, Notification Branch Emergency Response KN/fc cc: Board of Health, Town Building, N. Andover, MA 01845 Fire Headquarters, 124 Main St., N. Andover, MA 01845 Attachment: Release Notification Form; BWSC -103 DEP data entry/file a ARGEO PAUL CELLUCCI Governor T TG:..ti = COMMON�X,T-ALTH OF MASSACHUSETTS JUL 2 4 & 'i EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS L7 I DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office Merrimack College 315 Turnpike Street North Andover, MA 01845 Attn: RobertCoppola Dear Mr. Coppola: JUL 2 21998 RE: NORTH ANDOVER 315 Turnpike Street RTN #3-16903 RELEASE NOTIFICATION & NOTICE OF POTENTIAL RESPONSIBILITY; MGL c.. 21 E & 310 CM R 40.0000 TRUDY COXE Secretary DA\,7D B. STRUHS Commissioner On June 11, 1998 at 1:10 a.m., the Department received oral notification of a release/thmat of release of oil/hazardous material at the subject location. The Department has reason to believe that the release/threat of release which was reported is or may be a disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to Merrimack College) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21 E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", meaning that responsible parties are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for complete description of potential liability. GENERAL RESPONSE ACTION REQUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. 205a Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 • Fax (978) 661-7615 • TDD # (978) 661-7679 0 Printed on Recycled Paper ,'J Merrimack College Page -2- been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determiningthat a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1145.1 There are several other submittals required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by the Department, must be provided to DEP within specific regulatory timeframes. The submittals are as follows: (1) If information is obtained after making an oral or written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) if one has not been submitted, a Release Notification Form (RNF) [copy attached] must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (3) unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (310 CMR 40.0427) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, wh ichever occu rs earlier; and (4) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whicheveroccurs earlier. 8 Merrimack College Page -3- (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of $750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or after the date the Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the date the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. If you have any questions relative to this notice, you should contact the undersigned at the letterhead address or (978) 66177600. All future communications regarding this release must reference the Release Tracking Number (RTN #3-16903) contained in the subject block of this letter. Sincerel , Kin N d i Chief, Notification Branch Emergency Response KN/fc cc: Board of Health, Town Building, North Andover, MA 01845 Fire Headquarters, 124 Main St., North Andover, MA 01845 Attachment: Release Notification Form; BWSC - 103 DEP data entry/file 7 AW .�. U- 4W Em"EMN.MW ASBESTOS TECHNOLOGIES INCORPORATED May 30, 1991, 3. Health Officer Health Department - Environmental TOWNOF NORTH ANDOVER North Andover Town Hall G. North Andover, Massachusetts 01845 Dear Sir: This letter will inform you. -o-f,a planned and scheduled asbestos abatement project..at �Merrmck-C01lege-;--i3eginning June 6th. For your files,.I am enclosing copies of the State and Federal notifications we sent to: Commonwealth of Massachusetts, Division of Labor and Industries (DLI) Commonwealth of. Massachusetts, Department of Environmental Protection (DEP) United States Environmental Protection Agency, Region 1 (EPA) If you.have any questions, or need additional information, please do not hesitate to call me. Very truly yours, Michael. J. Corcoran President ENCLOSURES - Copies of Notifications MJC:md One Progress Avenue 9 Nashua, New Hampshire • 03062-1908.0 603/888-7400 • 1/800/283-ASTEC Incident - ,August 30, 1985 '`Merrimack College �Gt.`�7i/,�Q On Tuesday, September 3, 1985, Mrs. Joyce from the Board of - Health called me and notified me of a fuel oil spill at Merrimack College. She informed me that Gayton *Osgood would be going to the site and that the DEQE was already notified and had been to the site. I checked the department logs and found no calls had been received from that area or for a spill. I then called Chief Kiley at Merrimack College and he informed me that they did not feel it was their responsibility to call us but that of the oil delivery company - Cyr Oil. Mr. Osgood and I went to the site where we met Mr. Kingsley Ndi of DEQE. The oil spill occured at Cushing l and #4 heating fuel. The oil had come out of the ventpipe and olved spread down hill. All of the earth involved has been collected and covered near the spill.: At this time DEQE was in charge. I asked Mr. Ndi to send me a copy of his report and I would make -�- a copy available to Mr. Osgood. The spill occured•Friday, August 30 approximately S:OOpm. Mr. Osgood and'I then met with Chief Kiley at his office. I reiterated that someone should have called the fire department. I then had the Chief call maintenance so that I could check the chamber on the oil .burner. This was none and the chamber was dry. At 11:00 am I called Belcher Oil and asked why the Fire Department was not notified of the spill. Belcher oil - 1-800-732-3314 office 284-4490. I spoke with Chuck Killean he told me that thetrucking companyis not owned by'Belcher. He took the department phone number and would call me back regarding the information he received from the trucking company. Porter Transport 345-5507 was responsible for the transportation of the fuel oil. Earl Frew, owner, informed me upon my call to him at 11:30am that it was not their policy to notify the local Fire Department. I informed him that in the future we were to be notified. He informed me that we would be notified immediately, in the future. William V. Dolan, Chief LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B.- Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 24Provided ided by DEP A. Project Information Important: When filling out 1 This Certificate of Compliance is issued to: forms on the Merrimack college computer, use Name only the tab key to move 315 Turnpike Street your cursor : Mailing Address do not use the North Andover MA 01845 return key. City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Merrimack College Name January 22, 1997 242-834 Dated DEP File Number 3. The project site is located at: 315 Turnpike Street North Andover Street Address City/Town Map 25 Parcels 13 & 14 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Merrimack College Property Owner (if different) Essex North County Book Page Land Court Document #64646 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/8/09 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 LI'Massachusetts Department of Environmental Protection Bureau of Resource Protection.- Wetlands WPA Form 8B — Certificate of Compliance l Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Certification (cont.) DEP File Number: 949 -RIA Nrovioea by uLp ❑ 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: 45 C. Authorization Issued by: North Andover Conservation Commission Date of I uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Attachment). Signatures: wpaform 8b.doc • rev. 7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L� i WPA Form 8B — Certificate of. Compliance 242-834 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of On this Day' Essex North Of S�' , ,i "'c Month before me, the undersigned Notary Public, personally appeared John Mabon, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification Year to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of itMyC=L80*J*I6 m18 O1N�YAOEACIMISE118 North Andover City/Town Place notary seal and/or any stamp above Conservation Commission 4-, �� Signature of Notary Public h� 4/(F D6 C-7 Printed Name of Notary Public - hr My Commission Expires (Date) om/ Signature of Notary Public 01 wpaform 8b.doc • rev. 7/13/04 Page 3 of 4 L '+ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance DEP File Number: Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-834 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: 315 Turnpike Street 242-834 Project Location DEP File Number Has been recorded at the Registry of Deeds of: for: Essex North Property Owner and has been noted in the chain of title of the affected property on: 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 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: Acton Charlton Hopkinton Commonwealth of Massachusetts 627 Main Street Ashburnham Clinton Hubbardston Department of Environmental Protection Rutland Uxbridge Worcester, MA 01608 AshbyMillville Athol Box 4062 Hudson New Braintree Shirley Shrewsbury Warren Phone: 508-792-7650 Boston, MA 02211 y Dunstable Holliston Lancaster Northborough Southborough g DEP Western Region Adams Colrain Ayer East Brookfield Leicester Northbridge g 436 Dwight Street Agawam Conway Alford Hampden Hancock Monroe Montague Pittsfield Tyringham Suite 402 Cummin ton 9 Amherst Dalton Hatfield Montere Plainfield Richmond Wales Springfield, MA 01103 Ashfield Deerfield Hawleyy Heath Montgomery Rowe Ware Warwick Phone: 413-784-1100 Becket Easthampton Belchertown Hinsdale Monson Mount Washington Russell Washington Fax: 413-784-1149 East Longmeadow Bemardston Holland New Ashford Sandisfield Savoy Wendell Erving t Blandford Erving Holyoke Huntington g New Marlborough Sheffield Westfield Westhampton Weymouth Brimfield Florida Buckland Gill Lanesborough Lee New Salem North Adams Shelburne Shutesbu ry West Springfield West Stockbridge Tyngsborough Charlemont Goshen Lenox Northampton Northfield Southampton Whately Royalston Cheshire Granby Levered Orange South Hadley Wilbraham Freetown Chester Granville Leyden Winthrop Woburn Southwick Williamsburg Dennis Chesterfield Great Barrington Longmeadow Pa'Imer Springfield Williamstown Attleboro Avon Chicopee Greenfield Ludlow Pelham Stockbridge Windsor Phone: 508-946-2700 ClarksburgHadley Y Middlefield Peru Sunderland Worthington Wareham Wellfleet Fax: 508-947-6557 Berkley East Bridgewater 9ewater Tolland North Attleborough Norton DEP Central Region Acton Charlton Hopkinton 627 Main Street Ashburnham Clinton Hubbardston Millbury a Rutland Uxbridge Worcester, MA 01608 AshbyMillville Athol Douglas Dude Hudson New Braintree Shirley Shrewsbury Warren Phone: 508-792-7650 Auburn y Dunstable Holliston Lancaster Northborough Southborough g Webster Westborough Fax: 508-792-7621 Ayer East Brookfield Leicester Northbridge g Southbridge West Boylston TDD: 508-767-2788 Barre Fitchburg Leominster North Brookfield Oakham Spencer West Brookfield Bellingham Gardner Littleton Oxford Sterling Westford Berlin Grafton Groton Lunenburg Paxton Stow Sturbridge Westminster WcBlackstone hendon Braintree Harvard Marlborough Maynard Pepperell Petersham Sutton Worcester Boylston Hardwick Medway Pin Templeton TownsendBo Weymouth Brookfield Holden Hopedale Mendon Milford Princeton Tyngsborough Wilmington Cambridge Canton Groveland Hamilton Medfield Royalston Upton Winchester DEP Southeast Region Abington Dartmouth Freetown Matta oisett p Tewksbury Winthrop Woburn 20 Riverside Drive Acushnet Dennis Ga Head y Middleborough Provincetown Tisbury Lakeville, MA 02347 Attleboro Avon Dighton Halifax Nantucket Raynham Rehoboth Truro Phone: 508-946-2700 Barnstable EasthaDuxburm Eastham Halifax Hanover New Bedford Rochester Wareham Wellfleet Fax: 508-947-6557 Berkley East Bridgewater 9ewater Hanson North Attleborough Norton Rockland West Bridgewater gewater TDD: 508-946-2795 Bourne Easton Harwich Norwell Sandwich Westport Brewster Ed artown Kingston Oak Bluffs Scituate West Tisbury Bridgewater Fairhaven Lakeville Orleans Seekonk Whitman Brockton Carver Fall River Mansfield Pembroke Sharon Somerset Wrentham Chatham Falmouth Foxborough Marion Marshfield Plainville Stoughton Yarmouth Franklin ee PlymouthChilmark Swansea Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham 1 Winter Street Andover Chelsea Holbrook Merrimac Methuen Quincy Wakefield Boston, MA 02108 Arlington Ashland Cohasset Hull Middleton Randolph Readin Walpole Phone: 617-654-6500 Bedford Concord Danvers Ipswich Millis g Revere Waltham Watertown Fax: 617-556-1049 Belmont Dedham Lawrence Lexington Milton Nahant Rock Wayland TDD: 617-574-6868 Beverly Billerica Dover Lincoln Natick Rowley y Salem Wellesley Boston Dracut Lowell Needham Salisbury Wenham West Newbury Boxford Everett Lynnfield Newbury rypOrt Saugus Weston Braintree Framingham Malden Newton Sherborn Westwood Brookline Georgetown Manchester -By -The -Sea Norfolk Somerville Weymouth Burlington Gloucester Marblehead North Andover Stoneham Wilmington Cambridge Canton Groveland Hamilton Medfield North Reading Sudbury Swampscott P Winchester Carlisle Haverhill Medford Melrose Norwood Tewksbury Winthrop Woburn Peabody Topsfield wpaform8b.doc • DEP Addresses • rev. 8/27/09 Page 1 of 1 { 77 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. reb ISI A. General Information North Andover From: 1. Conservation Commission 2. This issuance is for (check one): ❑ Order of Conditions 3. To: Applicant: Robert DEP File Number: NACC # 16 ❑ Amended Order of Conditions Coppola Merrimack College a. First Name b. Last Name c. Company 315 Turnpike Street d. Mailing Address North Andover MA. 01845 e. Cityrrown 4. Property Owner (if different from applicant): a. First Name b. Last Name f. State c. Company g. Zip Code d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: 315 Turnpike Street (Monican Boulevard North Andover Relocation) b. Cityrrown Map 25 Parcel 13 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: +42.67 -71.12 electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North 7 8. a. County b. Certificate (if registered land) 30 329 c. Book d. Page 5/14/04 6/23/04 7/14/04 Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance Final Approved Plans and Other Documents (attach additional plan or document references as needed): Merrimack College Monican Boulevard Relocation a. Plan Title Sasaki Associates, Inc. & Andover Consultants John D. Hollywood, P. E. b. Prepared By c. Signed and Stamped by 6/1/04 1" = 20' d. Final Revision Date See attached f. Additional Plan or Document Title s. Total WPA Fee Paid: a. Total Fee Paid e.o,Scale b. State Fee Paid g. Date $ 850.00 c. Cityrrown Fee Paid wpaform5.doc • rev. 7/14/04 Page 1 of 8 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: NACC # 16 Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Alteration Alteration 3. ❑ Bank c. linear feet d. linear feet b. square feet a. linear feet 4. ❑ Bordering Vegetated c. square feet d. square feet Wetland a. square feet 5. ❑ Land Under a. square feet Waterbodies and Waterways e. cu.yd dredged Permitted Proposed Permitted Alteration Replacement Replacement b. linear feet c. linear feet d. linear feet b. square feet c. square feet d. square feet b. square feet c. square feet d. square feet 1. cu.yu ureugeu wpaform5.doc • rev. 7/14/04 Page 2 of 8 L1Massachusetts Department of Environmental Protection Bureau of Resource ,Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: NACC # 16 B. Findings (cont.) ❑ Barrier Beaches 12. Resource Area Proposed Permitted Proposed Coastal Dunes Alteration Alteration Replacement 6. ❑ Bordering Land Subject ❑ Rocky Intertidal to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood 17. ❑ Land Under Salt Storage e. cubic feet f. cubic feet g. cubic feet 7. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 8. ❑ RlVerfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet Sq ft between 100-200 ft e. square feet f. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 1o. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Permitted Replacement h. cubic feet f. cubic feet Indicate size under Coastal Beaches and/or Coastal Dunes below a. linear feet a. square feet b. linear feet b. square feet c. c/y nourishmt. c. c/y nourishmt. Shellfish a. square feet b. square feet c. square feet d. square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank; Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. cu.yd dredged b. cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a. square feet b. square feet wpaform5.doc • rev. 7/14/04 Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: NACC # 16 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number NACC # 16 " wpaform5.doc • rev. 7/14/04 Page 4 of 8 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If you need more space for additional conditions, select box to attach a text document DEP File Number: NACC # 16 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions: See attached wpaform5.doc • rev. 7/14/04 Page 5 of 8 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: NACC # 16 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission 2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. 7/14/04 1. Date of issuance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically (see'ix A), and the property owner, if different from applicant. Sig[ wpaform5.doc • rev. 7/14/04 Page 6 of 8 a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. s. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, See attached select box to attach a text document E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. 7/14/04 1. Date of issuance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically (see'ix A), and the property owner, if different from applicant. Sig[ wpaform5.doc • rev. 7/14/04 Page 6 of 8 LlMassachusetts Department of Environmental Protection Bureau of -Resource Protection - Wetlands WPA Form 5 - Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On thisiq of Day Month Before me, the undersigned Notary Public, personally appeared S,Co-i-f InASSe Name of Document Signer proved to me through satisfactory evidence of identification, which was/were DEP File Number: NACC # 16 ;2O C) y Year 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 City/Town nature of Notary Public anlZd 9 Printed Name of Notary Public Place notary seal and/or any stamp abovDONGE e NA M. PWED My Com it IffTNOFNA88VIUMfl>! This Order is issued to the applicant as follows: CV& A'7.2= 0/by hand delivery on by certified mail, return receipt requested, on 7AsLoy 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 DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc - rev. 7/14/04 Page 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: NACC # 16 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: NACC # 16 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 7/14/04 Page 8 of 8 NACC #16 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance. Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. I GENERAL CONDITIONS II 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that -evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person'of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. . C:\Winword\OOC\Menimack-MonicanBlvd.doc 1 NACC 7/13/04 NACC #16 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No. NACC #16. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the realignment of Monican Boulevard to improve traffic flow within the buffer zone to an isolated vegetated wetland. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required):. Notice of Intent filed by: Merrimack College Cho Robert Coppola 315 Turnpike Street North Andover, MA 01545 Dated May 14, 2004 Prepared by: Sasaki Associates, Inc. 64 Pleasant Street Watertown, MA 02472 Site Plans prepared by: Sasaki Associates, Inc. 64 Pleasant Street Watertown, MA 02472 Andover Consultants 1 East River Place Methuen, MA 01844 Dated May 11, 2004; Last revised June 1, 2004 Entitled " Merrimack College Monican Boulevard Relocation". Consisting of sheets CO -1 through CO - 4, C:\Winword\OOC\Merrimack-MonicanBlvd.doc 2 NACC 7/13/04 NACC #16 Buffer Zone Restoration/ Enhancement Report prepared by: Additional Record Documents: C1-1 through C1- 4, C2-1 f C3 -4, C4 -1 through C4 -4, C5 -1 through C5 -4,'C6 -1 through C6 -4, L1-1 through L1-4, and L2 -1 through L2 -2 (34 sheets in total). Stamped and signed by John D. Hollywood, P.E. Wetlands Preservation, Inc. 47 Newton Road Plaistow, NH 03865 Dated May 20, 2004 Entitled "Buffer Zone Restoration Enhancement Program Monican Boulevard North Andover, Massachusetts" including Table 1- "Buffer Zone Landscaping Plan" & Appendix A. Revisions and Addendums to Notice of Intent (replaced and attached to record NOI, unless otherwise referenced herein); Determination of Applicability; Notification of Certification to abutters (Affidavit of Service), dated 520/04; Certified list of Abutters, dated 5/17/04; Stormwater management review letter prepared by Lisa Eggleston, P.E. dated June 22, 2004. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to IsolatedVegetated Wetland (IVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's. delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. The wetland boundary was previously approved under a Determination of Applicability issued on May 9, 2002. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No -Disturbance Zone and a fifty -foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except in those areas as approved and depicted on the record plan. The Conservation C:\Winword\000\ ierrimack-MonicanBlvd.doc 3 NACC 7/13/04 NACC #16 Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting. from failure to comply with its conditions. 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 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. 36. The approved plan depicts the erosion controls inside the 25 -foot No Disturbance Zone in several locations. All erosion controls shall be moved to a location outside of the 25 -foot No Disturbance Zone wherever possible. The NACC reserves the right to mandate additional restoration/mitigation efforts in those areas where disturbance in the 25 -foot no -disturbance zone has occurred from the placement of said erosion controls. 37. The NACC finds the applicant's proposal for 7,768 sq. ft. of wetland buffer zone restoration/enhancement to be adequate. The enhancement areas shall be constructed in accordance with the Restoration Report and attached Table 1- "Buffer Zone Landscape Planting". Said plantings shall be planted during and immediately following construction activity on site. This sequence shall be reflected in the construction sequence. C:\Winword\OOC\Merrinmk-MonicanBlvd.doc. 4 NACC 7/13/04 NACC #16 38. Any restoration/enhancement within the 25 -foot No -Disturbance areas shall be monitored by a qualified wetland specialist for two growing seasons and monitoring reports shall be submitted to the Conservation Department at the end of each growing season to report on the relative success or failure of the restoration effort. If at the end of the second growing season, it has been determined that a 75% success rate has not been achieved, the NACC maintains the right to require additional mitigative measures. 39. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. "PRIORO CONSTRUCTION 40. 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. 41. 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. 42. 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 "NACC # 16." 43. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or C:\Winword\OOC\Meninmk-MonicanBlvd.doc 5 NACC 7/13/04 NACC #16 agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 44. 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. 45. 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. 46. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 47. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary, during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. C:\Winword\OOC\Menmmck-MonicanBlvd.doc 6 NACC 7/13/04 NACC #16 48. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 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. 49. A check payable to the Town of North Andover shall be provided in the amount of $10,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 50., The applicant shall designate a Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes... The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report 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. 51. Prior to construction, the applicant shall permanently mark the edge of the "25' No -Disturbance Zone" with 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 available at the Conservation Office for $2 apiece and are subject to review and approval by the NACC. The applicant shall C:\Winword\OOC\Merriinwk-MonicanBlvd.doc 7 NACC 7/13/04 NACC #16 instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre - construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 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. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. C:\Winword\OOC\Memmack-MonicanBlvd.doc 8 NACC 7/13/04 NACC #16 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, unless put into an easement to . the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION - 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. Final grading within the vegetated area between the roadway and the isolated wetland, specifically the area south of catchbasin #16, which was formally occupied by the easternmost row of parking of the previously existing lot, shall be performed in such a way as to maintain the existing drainage boundary and to direct the flow away from the wetland, e.g. through a shallow swale. Upon such associated grading activities, the applicant shall contact the Conservation Administrator for a site inspection to verify that the finished grade is consistent with these objectives. If final grading in this location is determined to be inconsistent with these objectives, the applicant shall correct the grading until such objectives have been adequately met. 60. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 61. Approved de -watering activities shall be supervised and witnessed by the designated erosion control monitor. De -watering activities shall be conducted as shown on the approved plans and referenced in the Notice of Intent and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de- watering requirements arise, the applicant shall submit a contingency plan to the C:\Winword\OOC\Merrimack-MonicanBivd.doc 9 NACC 7/13/04 f • NACC #16 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. Any fill used'in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 63. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 64. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 65. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 66. After proper grading, all disturbed areas located within a resource area, which will, not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 67. Washings from concrete trucks, or surplus concrete; shall not be directed to, any drainage system, or wetland resource area. 68. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off- site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 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 C:\Winword\OOC\Mexrimack-MonicanBlvddoc 10 NACC 7/13/04 NACC #16 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 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. 73. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. 74. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 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. C:\Winword\OOC\Menimack-MonicanBlvd.doc 11 NACC 7/13/04 NACC #16 h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built' plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As -Built' post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built' post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ 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. 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 except in those locations approved under NACC # 16. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Maintenance of catch basins (Condition #60); ➢ Discharge or spillage of pollutants (Condition #70); ➢ Prohibition of underground fuels (Condition #71); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #72 & 73). C:\Wmword100C\Memnmk-MonicanBlvd.doc 12 NACC 7/13/04 NACC #16 ➢ Maintenance of stormwater management structures (Condition #57). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Wmword\OOC\Mcmmack-MonicanBlvd.doc 13 NACC 7/13/04 r �.a r NACC #16 APPENDIX A - AFFIDAVIT 1, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. I am the &/or of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently_in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) C:\Winword\OOC\Merrimack-MonicanBlvd.doc 14 NACC 7/13/04 Y Massachusetts Department of Environmental Protection' LlBureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. to retran A. General Information DEP File Number: 242-1252 From: North Andover 1. Conservation Commission 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: Robert Coppola Merrimack College a. First Name b. Last Name c. Company 315 Turnpike Street d. Mailing Address North Andover e. City/Town 4. Property Owner (if different from applicant): MA. f. State 01845 g. Zip Code a. First Name b. Last Name c. Company d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: 315 Turnpike Street ( Synthetic Turf Field) North Andover a. Street Address b. City/Town Map 25 Parcel 13 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: +42.67 -71.12 electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North 7 s 9. a. County 30 b. Certificate (if registered land) 329 C. bOOK d. Nage 5/14/04 6/23/04 7/14/04 Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance Final Approved Plans and Other Documents (attach additional plan or document references as needed): Merrimack College Synthetic Turf Field- Sheet CO -1 and C1-1 to C4-1 a. Plan Title Sasaki Associates, Inc. John D. Hollywood, P. E. b. Prepared By c. Signed and Stamped by June 15, 2004 1' = 20' d. Final Revision Date e. Scale Alternatives Analysis Merrimack College Synethic-Turf Field f. Additional Plan or Document Title Tnfial %A/PA Pz= Pnirl• $ 250.00 a. Total Fee Paid June 16, 2004 g. Date State Fee Paid c. City/Town Fee Paid wpaform5.doc • rev. 7/14/04 Page 1 of 8 i L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form.5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. - Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 242-1252 Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is.proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 5. ❑ Land Under a. square feet b. square feet c. square feet d. square feet Waterbodies and Waterways e. cu.yd dredged f. cu.yd dredged wpaform5.doc • rev. 7114/04 . Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA. Form 5.- Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1252 B. Findings (cont.) Coastal Banks 15. ❑ Rocky Intertidal Resource Area Proposed Permitted Proposed 17. ❑ Alteration . Alteration Replacement 6. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet 7. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 8. ❑ Rlverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet Sq ft between 100-200 ft e. square feet f. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 1o. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Shellfish 19. ❑ Fish Runs 20. ❑ Land Subject.to Coastal Storm Flowage wpaform5.doc • rev. 7/14/04 Permitted Replacement d. square feet h. cubic feet f. cubic feet c. cu.yd dredged d. cu.yd dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. linear feet a. square feet b. linear feet b. square feet b. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. cu.yd dredged b. cu.yd dredged a. square feet b. square feet Page 3 of 8 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1252 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If,this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1252 wpaform5.doc • rev. 7/14/04 Page 4 of 8 Massachusetts Department of Environmental Protection ,�- Bureau of Resource Protection - Wetlands ' WPA Form 5 - Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If you need more space for additional conditions, select box to attach a text document DEP File Number: 242-1252 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions: wpaform5.doc • rev. 7/14/04 Page 5 of 8 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1252 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Furthermore, the North Andover Conservation Commission hereby finds (check one that applies): 2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. s. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional Ste- ��T��a t conditions, select box to attach a text document E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. 7/14/04 Date of issuance Please indicate the number of members who will sign this form: cj This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically (see Append', and the property owner, if different from applicant. ► Sig wpaform5.doc • rev. 7/14/04 Page 6 of 8 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Ll +k On this Day Essex North DEP File Number: 242-1252 of �'_ Qt)by Month Year Before me, the undersigned Notary Public, personally appeared �- Coi+ //%psS e— /?1,4k6eigSe. Name of Document Signer proved to me through satisfactory evidence of identification, which was/were 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 CityrTown Place notary seal and/or any stamp above This Order is issued to the applicant as follows: dby hand delivery on %/P5/ 0Y Date F. Appeals Conservation CommlSSlon Signature of Notary Public z22� m. WIC06i Printed Name of Notary Public 1s88� � DONNA M. WEDGE NOTARY K" IN OF My Co xpp�pAtla7� - by certified mail, return receipt requested, on Date The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc • rev. 7/14/04 Page 7 of 8 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 242-1252 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1252 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaforrn5.doc • rev. 7/14/04 Page 8 of 8 DEP FILE # 242 -1252 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority.for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant CAWinword\OOC\Mem=ck-field.doc 1 NACC 7/15/04 DEP FILE # 242 -1252 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department 25. This Order of Conditions is issued under File No. 242-1252. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the relocation and reconstruction of an existing playing field, the installation of synthetic turf, chain link fence (see condition for specification) and underground drainage system within the buffer zone to a bordering vegetated wetland. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Merrimack College C/o Robert Coppola 315 Turnpike Street North Andover, MA 01845 Dated May 14, 2004 Prepared by: Sasaki Associates, Inc. 64 Pleasant Street Watertown, MA 02472 Site Plans prepared by: Sasaki Associates, Inc. 64 Pleasant Street Watertown, MA 02472 Dated May 13, 2004; Last revised June 15, 2004 Entitled " Merrimack College Synthetic Turf Field". Consisting of sheets CO -1 and C1-1 to C4-1. Stamped and signed by John D. Hollywood, P.E. CAWinword\00C\Menin=k-fic1d.doc 2 NACC 7/15/04 DEP FELE # 242 -1252 Alternatives Analysis Report prepared by: Additional Record Documents: Wetlands Preservation, Inc. 47 Newton Road Plaistow, NH 03865 Dated June 16, 2004 Entitled "Alternatives. Analysis Merrimack College Synthetic -Turf Field North Andover, Massachusetts" including Appendix A & B in reference to the Buffer Zone Restoration Area. Revisions and Addendum s to Notice of Intent (replaced and attached to record NOI); Revised Rip Rap Apron Design Calculations, dated June 2, 2004; Notification of Certification to abutters (Affidavit of Service), dated 5/20/04; Certified list of Abutters, dated 5/7/04. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25`) No -Disturbance Zone and a fifty -foot (5(') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except in those areas as approved and depicted on the record plan and for the installation of the fence as required under condition #58. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of C:\Winword\OOC\Mcrrimack-field.doc 3 NACC 7/15/04 DEP FILE # 242 -1252 Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 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. 36. The NACC finds the applicant's proposal for 4,956 sq. ft of wetland buffer zone restoration to be adequate. The restoration areas shall be constructed in accordance with Table 1 on Sheet C3-1 of the approved, plans and shall be planted during and immediately following construction activity on site. This sequence shall be reflected in the construction sequence. 37. The restoration area shall be monitored by a qualified wetland specialist for two growing seasons and monitoring reports shall be submitted to the Conservation Department at the end of each growing season to report on the relative success or failure of the restoration effort If at the end of the second growing season, it has been determined that a 75% success rate has not been achieved, the NACC maintains the right to require additional mitigative measures. 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. CAWinword10001Menin=k-fie1d.doc 4 NACC 7/15/04 DEP FILE # 242 -1252 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. 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 242-1252." 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 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. CAWinword\OOC\Memn=k-field.doc 5 NACC 7/15/04 DEP FILE # 242 -1252 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 stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 46. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion controls shall be tripled in the area surrounding the proposed riprap outlet structure and doubled at the south corner of the field to extend MY in both directions until such time that the area is fully stabilized. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures 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. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 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. 48. A check payable to the Town of North Andover shall be provided in the amount of $10,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town C:\Winword\OOC\Menimack-field.doc 6 NACC 7/15/04 DEP FILE # 242 - 1252 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 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 writing by the hired professional in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control,purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report 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. 50. Prior to construction, the applicant shall permanently mark the edge of the "25' No -Disturbance Zone/edge of disturbance" with 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 available at the Conservation Office for $2 apiece and 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 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, C:\Winword\OOC\Merrimack-field.doc 7 NACC 7/15/04 DEP FILE # 242 -1252 stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre - construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 54. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. 55. 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. 56. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the C:\WmvA)rd\OOC\Merrimack-field.doc 8 NACC 7/15/04 DEP FILE # 242 -1252 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 57. 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. 58. The field shall be surrounded or partially surrounded by a 3 to 4 foot high vinyl coated chain link fence located immediately adjacent to and along the perimeter of the field. The location of the fence shall not extend beyond the approved limit of work and shall be installed in front of any restoration/mitigation areas. The fence may be limited to those locations within jurisdictional buffer zone areas. A revised plan depicting the exact location of the fence shall be submitted for review and approval by the Conservation Administrator prior to installation. 59. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 60. Approved de -watering activities shall be supervised and witnessed by the designated erosion control monitor. De -watering activities shall be conducted as shown on the approved plans and referenced in the Notice of Intent and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de- watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 61Any 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. 62. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. C:\Winword\OOC\Meninlwk-field:doc 9 NACC 7/15/04 DEP FILE # 242 -1252 63.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. 64.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 65.After proper grading, all disturbed areas located within a resource area, which will, not remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 66.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 67.All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off- site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw, 68.Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69.During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If. there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 70. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. CAWinmwd\00C\Merrimwk-field.doc 10 NACC 7/15/04 DEP FILE # 242 -1252 71. Fertilizers utilized for landscaping and lawn care shall be slow release, low - nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this'Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 72. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 73. 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. 74. 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\000Wenimack-fieid.doc 11 NACC 7/15/04 41 11 DEP RLE # 242 -1252 ➢ "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. ➢ 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. 75. 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 # 242-1250. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; );;- Maintenance of catch basins (Condition #59); ➢ Discharge or spillage of pollutants (Condition # 69); ➢ Prohibition of underground fuels (Condition # 70); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions # 71). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Winword\OOC\Merrinmk-field.doc 12 NACC 7/15/04 .41 J DEP FILE # 242 -1252 APPENDIX A - AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/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\OOC\A4enimack-field.doc 13 NACC 7/15/04 c C Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 April 18, 1996 Mr. Peter Shaheen 565 Turnpike Street, Suite 81 North Andover, MA 01845 NORTH\ 0.+"eO e,tiC e RE: VIOLATION of the Massachusetts Wetland Protection Act (310 CMR 10.00) and the North Andover Wetland ByLaw (Ch. 178 of the Code of North Andover). Dear Mr. Shaheen: As you are aware, this Department received a complaint from personnel at`Merrimack,, ��olle April 16, 1996 regarding the observed discharge of silt into a stream (310 CMR 10.04) and down gradient Bordering Vegetated Wetland (310 CMR 10.55(2)c). It was believed that the source of this material was from the "Crossroads" retail development on Route 114 of which you are the owner of record. A site inspection of impacted wetland resource areas was conducted on April 17, 1996 followed by a meeting with yourself and other representatives of the "Crossroads" retail development It was agreed upon by all parties that construction activities associated with your development were the source of this siltation and wetland resource alteration. This Department has identified you as, the responsible party. While the source of silt exists within the town limits of North Andover, the majority of wetland alteration exists within the town of Andover. North Andover Conservation Commission (NACC) jurisdiction does not extend across town lines and as a result, I have forwarded all correspondence to Mr. Jim Grier, Conservation Agent for. Andover. The degree of restoration required for this resource area is at his discretion, however, I would add that standing water and a seasonally high water table may hamper restoration efforts at this time. My advise would be to simply re-evaluate this BVW in the summer when the water level has receded and the silt has had a chance to settle out. At your direction, Mr. Rosati of Marchionda & Associates has forwarded a plan entitled "Erosion Control Plan" dated April 17, 1996 with a narrative detailing mitigation Cefforts to be undertaken at "Crossroads" with the intent of eliminating off-site silt ' discharge. I have reviewed the plan and Mr. Rosati's comments and I am in agreement BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 W, with his proposal, however, stabilizing the site with associated landscaping and paving will greatly improve the situation. I would strongly recommend that you achieve a stable grade in the immediate future. Realizing that no wetland resource areas exist within 100' of the project limits' this Department has not regularly inspected construction activities. At this time I believe it would be prudent to schedule weekly on-site inspections with your site supervisor, Mr. Peter Cox, and furthermore, I would request that weekly status reports be forwarded to this Department for the file. I am of the opinion that once the site is stable and the silt is contained weekly inspections will no longer be required. I have enclosed a Violation Notice and Enforcement Order documenting my findings and mitigation efforts required by this Department. I appreciate your quick response to this matter and I anticipate future cooperation from Marchionda & Associates and "Crossroads" personnel. If I can be of further assistance or if clarification is required, please do not hesitate to contact me. Thanking you in advance. Sincerely, OMichael D. Howard Conservation Administrator encl. cc: Bob Nicetta, Building Inspector Kathleen Colwell, Town Planner Mr. Jim Grier, Andover Conservation Administrator NACC DEP-HERO file I (Note: a Negative Determination of Applicability was issued by the NACC in 1995 verifying this fact) �110 CXR 10.99 Form 9 com=poaweal th of Xassachusetts. DEP Fsc tom. 242- N (Ib be pro ided by DEF) (:ity j-r0_a NORTH AN101rER App&== Mr. Peter Shaheen Enforcement order $!o Massachusetts Wetlands protection Act, G.L. c. 131, AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From NORTH ANDOVER CONSERVATION CO MTSSTON (NACC) Issuing authority To .Ir. Peter Shaheen 565 Tiirnnilc- North en`invpr, MA 01845 — Date of issuance Aril 17, 1996 Property lot/parcel number, address "Crossrn r1c" Rt-- 114- North Andolzer Extent and type of activity: The NACC has determined that the activity described 0 above is in violation of the wetlands Protection Act, G.L. C. 131, S40, and the Regulations promulgated pursuant thereto, 310 C.'-% 10.00, because: Q said activity has been/is being conducted without a valid order of conditions. C] said activity has been/is being conducted in violation of an order of dated , conditions issued to File number 242 condition number(s) Q other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. (NOTE: At the discretion of the Andover Conservation Commission) Effective 11/10/89 9-1 W6 Issued by NORTH ANDOVER COSSERVATION Coc=fssioa Completed application forma and plans as required by the Act and Regulations shall be tiled with the NORTH ANDOVER CONSERVATION COKE ISSION on or before (date) , and no further work shall be performed until a public hearing has been held and an order of Conditions has been issued to regulate said work. Application forms are available at: NACC Office, Town Hall Annex Rj The property owner shall take every reasonable step to prevent further violations of the act. Other (specify) * Eliminate potential for further off-site siltation as described on the plan entitled "Erosion Control Plan" dated 4/17/96 prepare by Marchonda Associates; * Work shall be completed by Friday, April 18, 1996; * Schedule weekly inspectious with this Department. Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws Chapter 131, Section 40 provides: whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate ,offense. Questions regarding this Enforcement order should be directed to Michael D. Howard, Conservat Issued by signature(s) /,/, (Administrator) 9-2b ION (signature of delivery person or certified mail number) .44 r,, 0 O TOWN OF NORTH ANDOVER r NOTICE OF VIOLATION OF WETLAND BYLAW pe'Tz ')�i Ao E cN �IFENDERcI ` 5 '�,� f''7I n ' DATEOF BIRTH OF OFFEI 21P,9AOE fOR LICENSE NUMBE MVAd6 REGSTRATION NUMBER - � • ,�atl ��IV C* Ci St!-C�/( � z� t^...;rU'� 1�1.�� 310 CMV lo -SS (2)(() t . S� � p � , ;`�-� u� r,� (� �tl'(.c r}i � �•� X1111, t!. F T E A5 GATE OF VI0 TION . .: .. ��UOOA_ ZION OF VIOUj10� - VST/" Ap :. T /<<. jv� . .. ENFORCIP49 OEPARTMENT SIGNAT OF E ORC NG PERSON f{ .` r` I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION i 'X Q❑ Unable to obtain signature of offender. Date Mailed (Citation mailed to offender ►' THE FINE FOR THIS NON -CRIMINAL OFFENSE IS $ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER. (1) You may elect to pay the above fine, either by appearing in person between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays excepted, before: The Conservation Office, Town Hall, 120 Main St., North Andover, MA 01845 OR by mailing a check, money order or postal note to the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE. This will operate as a final disposition of the matter, with no resulting criminal record. (2) If you desire to contest this matter in a non -criminal proceeding,th aoon may do so by making a written request, and enclosing a copy WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO: The Clerk -Magistrate, Lawrence District Court MA II _ 380 Common St., Lawrence . ATTN. 21D non criminal (3) If you fail to pay the above fine or to appear as specified, a criminal complaint may be issued against you. above. e confess to e offense ❑ A. I HEREBY ELECT the first option charged, and enclose payment in the amount of $ ❑ B. I HEREBY REQUEST a non -criminal hearing on this matter. Signature WHffE: O PNK:POL CEOCOPYY GOLD: COURT COPYION COPY .Z-115 794 686 'Receipt for Certified Mail No Insurance Coverage Provided tNrTos...ES Do not use for International Mail .. sE (See Reverse) Cle O O O O P.0 and de n '�•/J Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whorn & Date Delivered r o Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage A: Fees Postmark or Date @W #&SmLi01O w`OO ©OA S \E\CP \ ■ _ 2® �_� � �§ �\ �a |§) cc ©■@ §� ca }\ 2p . fes- _ §kC.3CA kk �k\) \� k _ ca L %I{! LU §§ E - -C ® _ }« )d § C5 t 12 :Efm `� j § \ § k g _ j{k {�{S jK _ {ME ■�f /\ ■/ems ;C j- - - -� C, LU 2 /cc /\) / _ Q j, C -i m2 _ 210 CMR 10.99 Q0 rm 9 commonwealth of Xassachusetts DFP FdC Na 242— (To be provided try DEP) arytro.0 NORTH ANDOVER Avp;r...t Mr. Peter Shaheen___ Enforcement Order G.L. c. 131, 540 Massachusetts Wetlands Protection Act, AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From NORTH ANDOVER CONSERVATION 1 (NACC) _Issuing Authority _ .. . _ A --- __ MA n1 RZL5 — To Mr. Pet Date of Issuance Aril 17, 1996 n T Property lot/parcel number, address Extent and type of activity: The NACC has determined that the activity described OAbove is in violation of the Wetlands Protection Act, G.L. C. 131, 540, and the Regulations promulgated pursuant thereto, 310 CILR 10.00, because: g conducted without a valid order of Said activity has been/is bein Conditions. [] said activity has been/is being conducted in violation of an order of dated conditions issued to File number 242- condition number(s) other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Z3 Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. (NOTE: At the discretion of the Andover Conservation Commission) Effective 11/10/89 9-1 Issued by NORTH ANDOVER CONSERVATION Cosmi.ssion ❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the NORTH ANDOVER CONSERVATION COMMISSION on or before (date), and no further work shall be performed until a public hearing has been held and an order of Conditions has been issued to regulate said work. Application forms are available at: NACC Office, Town Hall Annex The property owner shall take every reasonable step to prevent further violations of the act. 11 other (specify) * Eliminate potential for further off-site siltati6n as -described on the plan entitled "Erosion Control Plan" dated 4/17/96 prepare, by Marchonda Associates; * Work shall be completed by Friday, April 18, 1996; * Schedule weekly inspections with this Department. Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws Chapter 131, section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate -offense. 0 .Questions regarding this Enforcement order should be directed to Mi rhAP1 n - unWn -11 Issued by Signature(s) 9-2b (Signature of delivery person or certified mail number)