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HomeMy WebLinkAboutMiscellaneous - 70 RALEIGH TAVERN LANE 4/30/2018 (2)r� u i" I t lklassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection Wetlands MassDEP File k242-1663 ZWPA Form 5 - Order of Conditions eDEP Transactiorri6-782232 t Massachusetts Wetlands Protecti(m Act M.G.L. c. 131, §40 Cit rro` m:NORTR ANDOVER A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. Rp OOC 3. Applicant Details a. ;First Name WALTER & SYLVIA, c_ Organization SOULE REALTY TRUST d. MarEng Address 70 RALEIGH TAVERN LANE e. City -Town NORTH ANT)OVER 4. Property Owner a. First Name WALTER & SYLVIA c_ Orgari nation SOULE REALTY TRUST d. ?Mailing Address 70 RALEIGH TAVERN LANE e. City/Tcmn NORTH A1\'DOVER 5. Project Location a.Street'Address 70 RALEIGH TAVERN,LAI\TE b.CityfTorum NORTH ANDOVER d. Assessors.Aap,PkO 107A f Latitude 42.65417N 6. Property recorded at the Registry of heed for. a. County h..Certif[cate NORTHERN ESSEX b- ❑ Amended OOC b. LastAame SOULE f State MA b_ Last Name f. State '-VIA c. Book 11835 7.Dates a_ Date "TOT Filed _ 9.+'28,+.2015 b- Date Public Hearing Closed_ 10!'2112015 8 Fatal Approved Plans and Other Documents a. Plan Title: b. Plan Prepared bi . c. Plan SignedStamped by- UPGRADE rUPGRADE PLAN MERRIMACK OF SUBSURFACE ENGINEERING VLADRER NE_MCHENOK SEWAGE SERVICES DISPOSAL SYSTE-M B. Findings g. Tip Code 01845 SOULS g. Tap Code 01845 e. Zip Code 01845 e. ParcelLota 107 g. Lo &xle 71.08556W d. Page 157 c. Date Oflssuauce. 10!222015 d. Rebased Final Date; e. Scale. 7-8-15 V=20' Page 1 of 9 * ELECTRONIC COPY lklassachusetts Department of Environmental Protection Provided by MassDEP: y Bureau of Resource Protection - Wetlands MassDEP Fite 1=:242-1663 �. WPA Form 5 - Order of ConditionseDEP Transaction 4-782232 Massachusetts Wetlands Protection Act M.G.L. c. 131; §40 Cit �Tas eNORTH AIv�O��ER �r Uindings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing: this Commission fords that the areas in which work is proposed is signiScant to the following interests of the Wetlands Protection Act. Check all that apply. a. 21 Public Water Supply b. ❑ Land Containing Shellfish c. ❑v' Prevention of Pollution d. RI Private Water Supph e. ❑ Fisheries f. R Protection of Wildlife Habitat g. ❑ Ground Water Supply h. 0 Stone Damage Prevention i. R Flood Control 2. Commission hereby finds the project, as proposed is: Appror-ed subject to: a. ❑d 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 shail control. Denied because: b. ❑ The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may cot go forward unless and until a new N=otice of Intent is submitted which provides measures which are adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act, and afetal 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 CA -IR 10.05(6)(.). 3.2 Buffer Zone Impacts: Shortest distance between Limit of project disturbance and the wetland resource 55 area specified in 3 f 0CMR10.02(lxa). a. linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land under Waterbodies and Waterways a. square feet b. square feet c. square feet d. square feet e. cly dredged f G'y dredged i. ❑Bordering Land Subject to Flooding Page 2 of 9 * ELECTRONIC COPY Massachusetts De-partment of EnT,ironmental Protection PTG1i&dby _tmDEP: Bureau of Resource Protection - Wetlands 34iassDEP Fie 9342-1663 1`� W-PA Form 5 - Order of Conditions eDEP Trausactioni-782232 CityI�assachttsetis Wetlands Protection Act 43 L_ c_ 13 i, §90 �flO�M0 Cubic Feet Flood Storage 1;_ Dlsdated Lauri Subject to Floodmg Cubic Feet Flood Stow 9_ ❑ River� Area sq ft WaHn 100 ft Sq ft betxeen 1W-200 ft Coastal Resom a Anea Lml acts: Resource Area 10- ®Desapated Pert Areas 11. El Land Under the ocean 12_ DBamer Beaches 13_ ❑ Coastal Beaches 14_ llCoastalDanes 15_ ❑CoastalRwks 16_ DRocky 1urtidc Shores 17. ❑SaitMarshes 18.0 Laud Undcr Si& Ponds 19. ❑ Land Contairing Shelffish a_ square feet b. square feet e_ cubic feet f cubic feet a. square feet b_ square fed c- epic fed dl_ cubic fed a_ total sq. feet b. total sq feet c. sure feet d square feet c. square feet g. -Carrie feet d_ square fed h. cubic feet e- rabic feet £ cubic feet e. square feet f. square feet g. square feet li. square feet i. square feet j square feet Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Indicate size undies Land Under fhe Ocean, beton- a. square feet b_ square fed c.. cry dredged d_ city dredged Date sae urida Coastal Beaches and'ar C.oastd Dues blow a. square feet b. square fed d~ G'y nourishment d. cry nourWiment a square feet b. square feet c_ c: r t dL cy noaassbma t a smear feed b. 5near feet a square fed b. sq=e feat a. sq—,,- feet b. square feet c_ square feed d. square feet a square fed b_ square fed c_ c,y dredged ei aly dredged a. sgdaare feet b. square feet c. square feet d. square feet Page 3 of 9 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Prosided.by N(assDEP: Bureau of Resource Protection - Wetlands MassDEP File *242-1663 WPA Form 5 - Order of Conditions eDE' Transaction x:782232 {1` Massachusetts Wetlands Protection Act M.G.L. c_ 131, §40 Cityfroun:NORTH ANMOVER Indicate size under Coastal Banlo- inland Basic Land Under the 20.0 Fish Runs Ocean and`or inland land lender W aierbodies and 'iVatemay s, ab(ne c. o'y dredged d. cly dredged 21. ❑Land Subject to Coastal Storm Flowage a_ square feet b_ square feet 22. ❑ R+estorationlEnhaneement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B_5.e & d or B. 17.c & d above, please entered the additional amount here_ a. square feet of BW1 b. square feet of Salt Marsh 23. El Streams Crossing(s) If the project im oh es Stream Crossings, please enter the number of new stream crossings/number of repiacernent stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The folloving conditions are only applicable to Approved projects 1. Fariue to comply math 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 prhileges; it does not authorize any injury' to private property or invasion of private rights. 3. This Order does not refieve the permittee or any other person of the necessity of cemplyarg with all other appficabte federal; state, or local statutes, ordinances, bylaws. or regulations. 4. The work authorized hereunder shall be completed itithin three years from the date of this Order unless either of the following V& a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years; but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Ender constitutes an Amended Order of Conditions__ this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any SIl used in connection -,Nath this project shalt be clean fill. Any fill shall contain no trash, recuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper: cardboard, pipe, tires, ashes, refrigerators, rotor vehicles_ or parts of any of the foregoing. 8. This Order is not final until al administrative appeal periods from this Order have elapsed: or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No worst shall be undertaken until the Order has become final and then hasbeen recorded in the Registry ofDeeds or the Land Court for the district in i-Aich the land is located, -,;ithin the chain of title of the affected propeMt In the case of recorded land. Page 4 of 9 * ELECTRONIC COPY Massachusetts Department ol<EnvironmentalProtection Provided by MassDEP: L Bureau of Resource Protection - W'edands XfassDEP File 1342-1663 ,AVPA Form 5 - Order of Conditions eDEP Transaction ii -182232 Citff (mrr:NORTH ANT)OVER Massaclwsetts Wetlands Protections Act M.O.L. c. 131; §40 the 1!'inal Urder shat .also be noted in the Re*try's kirantor Index finder the name ofthe owner of the hand upon w 1iich the proposed work is to be doae. In tiie case ofthe registered land, the li mal Order shal also be nole d on de Ladd Comet Cerfcate of Title ofthe owner of the land upon widcb the proposed work its dome_ the recording iefennation slag be submitted to the Cansevation Commission on the form at the and of this Order: which fan roust be stmwed by disc Registry of Reeds, prior to the commencement -of work.. 10. A sign shaft be displayed at the site not less then two square feet or more than three square feet in size beaming the words. 'Massachusetts IDepmtrient of Environmental Protection" [or'_Massl3EP"'j F& Number :1242-1663" 11. NUtere the Det of +Erwirommeatal'Protection is ruxFested to issue a Smpersediug Order, the Conservation Cession shall be a party to all agency proceedings and hearings more Mass DER 12. Upon completion of the work descdaed berein, the appiicant shaft submit a Request for Certificate af'Complance (%7PA Form 8A) to the Consen-ation Commission_ 13_ The work shall cord'orrn to Thee plans and special conditions referenced in liras order. 14_ Any change to the piansideatfied in Cont on At 3 above AW require the app&cant to iacpirr ofthe Cornm4vation Commission in wqiting whether the change is sigoffieattt enough to require the Mug of a nese No&e of Intent_ 15. The Aged or rmenubers of (he Conservation Ccummaission and the Dep ar t 4 Emixammertai Prated *al have the & tto enter and inspect the area subject to dais Order at reasonatie hours to evahrate cou4-Jmnce IV& the conditions stated in this Order. and may regrare the submittal of any data deemed necessary by the Cortserkation Camaission or Departmer t for Haat LwAlati on. 16. This Order of Conditions shall apply to any successor in interest or successor in control of&e trey sd*ct to this Order and to any contractor or other person performing work conditioned by this Order. 17. 1Paaor to the start of work. and ifthe project invohres iaxxk adjacent to a Bordering Vegetated W eland: the boundary of the wedandia the lac*" ofthe proposed work area shall be rimed by wooden stakes or tiag&g. Once in ,place: the wedged boundary markers shall be maintaineduad a Certficate of Cance has been issaedtby the Coasenation Commission. 18- Al se&mentaficn barriers shay be maintained in good repair until al disturbed areas have been Uy stab .ed aath vegetation or other means. At no time stash sediments be deposited in a wetland or water body During c nsstruct on_ the applicant or hisiiher designee shaft inspect the erosion controls on a daily basis and And remcn-e ad cuing ated sediments as needed. The appficaat shA imme�tely control any erosionproblems that occur at the site and sinal also immediteh, notify the Conservation Commissiok minion resenTs the right to require additional erosion and4ar darnage,preveast controls h may deem necessary Sedimentation barriers shall sent as the limit of work wiess mother limit of work be has been approved by tris Order_ NOTICE O 'STORMWA'TER CONTROL AND )VIUN7EA+ANCE REQU REN1ENT'S 19. The work associated with dais Order(the "Project`) is (1) ❑ is not (2) R subject to the Mws.achusetts Stornawater Staadards_ if tide wort is subject to Storunvat r Standards, then the .project is mkiect to tine folLowang conditions; a) Al work. including site preparation, land disturbance, construction and redie%tk msent: shit be i nplemented m accordance with the con5trmctiion period polhmion pre -,en ion and erosion and sedimentation control pfan and: if applicable, the Sto=vater Potation Prevention %n requiredby the National Poldotm Discharge Efiminatioa Systema Construction General Permit as regtaredby Sttxmwater Standard 8_ Construction period erosion_ sedimentation and pofiu tea cor&ot measures and best management practices (B1iiPs) shalt remain in place untd the site its fir stabiCrzed. b,) No stormwater runeffmnay be discharged to the post-constraaction stormwater R'_11{Ps omless and unt U a Registered Professional Firuiacer pro -Odes a Cert6cation that i.. at construction period BDaTf s basin been rernoved d)r wall be removed by a date certain spec bed in the Certification_ For any constnuc&n period BNIEs intended to be com wted to post mom operation for stormwaxer attenuaf out recharge, and -or treatment: the com ersion is akwed by the X lassDEP Stonmvater iiamrboolc BMP sped Ecations and tlad the B' .fP has been properly deaned d%prepared for p ost cmastractio n operation, iaducling removal of al construction period sediment trapped in inlet and outlet corard structures: if.. as butt final construction SIS plans are included, signed and stamped by a Registered Professional Engineer, certifi the site is fitilr stabi6 edi; iii, any fficit discharges to the storm -water management system hasre beenaemoved, as per the requirem a is of Stoanwater Page 5 of 9 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP Pie i6242-1663 r �• `'SPA Form 5 -Order of Conditions eDEP Transacts 082232 Massachusetts Wetlands Protection Act M_G _L. c_ 131, §40 CrtyrrowmNORTH ANDOETR Standard 10; iv. ad post -construction starmwater B11Ps are instalfed in accordance with the plans (inciudiing all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated ii ith post -construction MNIPs is suitably established to withstand erosion. c) The landoumer is responsible for BMP maintenance until the issuing authority is notified that another parts has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement (O&,-Nf Statement') for the Stormwater B-NIPs identi6 ing the party responsible for implementing the stormwater BMP Operation and Maintenance Plan Plan') and certf%* the following: i.) the O&M Pian is complete and Ail be implemented upon receipt of fire Certificate of Compliance, and iL) the futhrre responsible parties shall be notified in tiwiting of their ongoing legal responsibility to operate and maintain the storrmvater management B-NIPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction polhdion prevention and source control shalt be implemented in accordance with the long-term porton prevention plan section of the approved Stermwater Report and, if appficable, the Starmwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Muki-Sector General Permit. e) Unless and until another party accepts responsibility. the landouw. or oxkmer of any drainage easement, assumes responsibility for maintaining each BMP'. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BIM P, and that the proposed responsible party shall be treated as a peen ttee for purposes of implementing the requirements of Conditions 19(o through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(k) with respect to that H - UP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stdmmvater $MIPs that are seniug more than one tot, the legally binding agreement shall also idents, the lots that will be serviced by the stormwater BllvlPs. A pian and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shad operate and maintain all stormwater BMPs in accordance tvrrth the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar sears of inspections, repairs: maintenance and.'or replacement of tht stormwater management system or any part thereof and disposal (for disposal the log shall indicate the t}pe of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ('Commission) upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each B' -NIP established in the 0&_'1l Plan approvers by the issuing authority_ h) All sediment or other contaminants removed from stormwater B1fPs steal[ be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Licit discharges to the storm -water management system as defined in 310 C' .IR 10.04 are prohibited - The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying penious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter I, Low Impact Development Site Design Credits) shad not be altered without the prior written approval of the issuing authority. n Access for maintenance, repair, andior replacement of BMPs shad not be withheld_ Any fencing constructed around stormwater BMPs shall include access gates and shad be at least six inches above grade to allow for w*£e passage. Special Conditions: Page 6 of 9 * ELECTRONIC COPY Massachusetts Department of Environmental'Protection Provided b<,-NfassDEP: r Bureau of Resource Protection Wetlands MassDEP He :x-342-1663 UTA Form .5 -,Order of Conditions eDEP Transaction A782232 Zr Massachusetts Wetlands Pmtechm Act M:Ot. c_ 131.§4d CityTounNORIH ANDONTR D. Findings finder Municipal ettand^s Bylaw or Ordinance L is a -municipal wetlands ibylacv or ordirmme applicable? 2 Yes ❑ No 2. The Consevation Commission hetebvlcheek oboe that applies). a. ❑ DENIES the proposed work wEich carrot be cond6oned to meet the standards set forth an.a:nm cipal ordinance or b*xv specificaky. I _ Vimicipal Ordinance or Bphu• 2. Citation Therefore. work- on 4 is project may not go forward unless and art? a revised Notice of intent is submitted which ,protides measures va ich are adequate to meetthese standards, and afnd Order os Condionsis issued. 17Vare aecessar-: to comply with a m ordinance or bylaw: b_ A.PP'RONT S time sed wor'!L sub3 ct to the £ � proposed Ie o8ou%aag addhonal conditions. 1N<)RYH ANMD ER 1. Municipal Ordinance or Bylaw WETIANMS PROTECTION RYLAV7 2. Citation CHAPTER 178 3. The Comirission orders tivat at work shat be performs accordance the fol6wmg conditions and uith the Notice of intent referenced above. To the 4weni that the fA aging conSdons moAr or duffer from the plans, speci6ications, or oti3er proposals sued with time Notice of Intent: the oemdki ms sluf control The special conditions relating to municipal ordinance or -bylaw are as Mows: SEE ATTACHED Page 7 of 9 * ELECTRONIC COPY Massachusetts Department of Eariroamental Protection Provided by MassDEP: �.� Bureau of Resource Protection - Wetlands MassDEP Fie 9242-1663 11TA Form 5 -Order of Conditions eDEP Transaction X782232 s Massachusetts Wetlands Protecticat Act M.G.L. c. 131, §40 CkyrTouw_NORrH ANDONTR E. Signatures This order is void for three years from the date of issuance: unless othemise specified pursuant to Gemara! Condition 44. Ythis is an Amended Order of Conditions, the Amexaded 1. Date of Orighat Order Order expires on the same date as the oriel Order ofCond&ns_ Please indicate tine number of members, who mil saga this form. 'alas Order must be signed by a major} of tate Consen-ation Commission. 2. Ittunnber of Signers The Order must be mailed by cetiified nud (return receipt requested) or hand des°erect to the applicant A copy also must be mailed or hand debvered at�he same time to the appropriate Department of En4onmental Protection Regional Office, if not f mg 6ectrouic4 and tine property ovaer, iftlifleresatfrom applcmt. S4natuires: C by hand delivery on D by ce r ified mail, return receipt requested, on /as ire' Date F. Appeals M The applicant, the owner, any person aggo n ed by dais Order: any umner of land abutting the load subject to this Order, or any= ten residents of the chp or vmu in tdiaich such land is located, are her*., notified of their right to request the appropriate MassDEP Regiona! Office to issue a Superseding' Order of Con�s_ The request must be made by certdxed nd or hand delivery to the Depwftent, -Aith &e appropriate ging fee and a completed Request for Departmental Action Fee Transmittal Foam, as provided in 310 C -NIR 10.03(7) ivbfiia ten business da}=s from the date cif issuaace 4tlas Order- A copy of the request shat at the same time be sat by orxffied aua,1 or hand dnfvery to the Consemafiioa Cmunission and to the applicant, if her she is not the appellant. Any appellants seeking to appear the Depastmert s'Superseding Order associated vith dais appeal ivill be vegtired to demonstrate prior participation is doe review of thus project. Previousparficipatioa inthe perm proceeding means the submission of v*ten Formation to the Coasen,&on Comrtaissson prior to the close �ofihe public hewing, requesting a Superseding Order, or praNuing uritt= inforatation to the Department prior to issuance of a'Superseding Order_ The request shall state cleasls and concisely the objections to the Order i0ilch is being appealed andlaon the Order does not Contriibute to the .protection of the iaterests idedfwd in the Massachusetts We&mds Protection Act (M.G.L. c_ 131, § 40) and is inconsistent Rath the we m3ds regulations (31.0 CN1R 10.00)_ To the extent that the Order is based on a ua mirspal ordinance or bAmv_ and not on the vassachusetts Wedands Protection Act or regulations, the Department has no appellate jurisdiction_ Page 8 of 9 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Providedb} -"&ssDEP: BurEm of source Protection - Winds MassDEP File s:242-1563 WPA Farm S - O r -der of Conditions eDEP Transaction=:782232 Massadhusetts Wetlands Protection Act Mk -L. c. 131, §40 City?TowsrNORTf$ AIvW'irER G. Recording Infarmadon 'lass Order of Conditions must be recorded in She Rees of Deeds or the L and'Court for tthe +district in which Mire laid is located, zx tithe-shamofrideoftheaffectedproperty.Indie.casecfrecordedhndthelainalOrdlershellalsobenotederrSireRegisVs Grantor index sander 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:L and Court Cettificate of Tide of the o,%ner of iffie land subject to the Order of Cond&ns. The recording infonnafhon on this page shall' be submiftzd to the Consmation Commission fisted below. FORTH ANDOVER C..oa ,-ation Ccaarenission Detach on dotted fine, have stampedby the Registry, of Deeds and suksmit to the Conservation Commission. .......................................................................................................................................................................................................... To: I ORTH ANDOVER Conservation Conm sion Please be adhrised that the Order of Conditions for the Project at: 701iALUGH TAVERN, LANT 242-1663 Project Loca6w MassDEP File Notnber Has been recorded at the Registry of Deeds of 'Couatg Book Page for. Property Owner WALTER & SYLVIA SOULE . 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 wanber i&nn ging this transaction is Instrument fiber If registered land the document number idwtiC ing this transaction is: Document Number Signature of Appficant R T. 8. M 19 Page 9 of 9 * ELECTRONIC COPY DEP FILE # 242-1663 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 20. The proposed work includes: upgrade of existing septic system including 1,500 gallon septic tank, leach field and associated grading. The proposed system is located within 100 feet of a Bordering Vegetated Wetland. A brush pile in the 25 -foot No -Disturbance Zone is required to be removed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/ Property Owner: Walter & Sylvia Soule Soule Realty Trust 70 Raleigh Tavern Lane North Andover, MA 01845 Site Plans prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Title: Upgrade Plan of Subsurface Sewage Disposal System in North Andover, MA Last Revised: 7-8-15 Signed and Stamped by: Vladimir L. Nemchenok, P.E. Wetland Delineation by: Basbanes Associates Other Record Documents: Notice of Intent and Supporting Documents Received: September 24, 2015 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These 242-1663, Raleigh Tavern 70 OOC 1 NACC 10/22/2015 DEP FILE # 242-1663 obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource area is affected by the proposed work: Buffer -Zone to Bordering Vegetated Wetland. This resource area is significant to the interests of the 242-1663, Raleigh Tavern 70 OOC 2 NACC 10/22/2015 DEP FILE # 242-1663 Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas (Wetland Flags 2A -7A to ditch to B -series) as shown on the plans dated referenced herein as well as the associated buffer zones. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No - Disturbance Zone and a fifty f�(50') No -Build Zone shall be established from the edge of the adjacent wetland resource area as shown on the herein referenced plan with approval to install septic piping within these zones. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 35. The brush pile located in the 25 -foot No -Disturbance Zone shall be removed and allowed to revegetate naturally. 36. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 37. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index 242-1663, Raleigh Tavern 70 OOC 3 NACC 10/22/2015 DEP FILE # 242-1663 under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DPP, File Number 242-1663." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including installation of sedimentation/ erosion control devices, excavation, construction, and revegetation/ stabilization. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 45. Compost filter sock (biodegradable - no plastic netting) shall be placed between all construction areas and resource areas as shown on the herein referenced plan. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or 242-1663, Raleigh Tavern 70 OOC 4 NACC 10/22/2015 DEP FILE # 242-1663 its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of five (5) hay bales or an equivalent amount of filter sock and stakes for staking. Extra erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $1,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 48. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes and the Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 49. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photographs from the "Erosion Control Monitor" to the NACC certifying 242-1663, Raleigh Tavern 70 OOC 5 NACC 10/22/2015 DEP FILE # 242-1663 that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 50. Prior to construction, the applicant shall permanently mark the 25 -foot No - Disturbance Zone or the edge of the existing tree line with signs spaced every 30 feet incorporating the following text: "Protected Wetland Resource Area' and the associated rules (3 rounds for every 1 square). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2 round and $3 square). 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable 242-1663, Raleigh Tavern 70 OOC 6 NACC 10/22/2015 DEP FILE # 242-1663 period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). 11STORMWATER MANAGEMENT CONDITIONS 53. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 54. Upon beginning work, the applicant shall submit written progress reports weekly (as part of the erosion control monitoring report Condition #49 above) 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. 55. Dewatering activities are not proposed as part of this project. If emergency de- watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 56. 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. 57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 58. 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. 59. There shall be no stockpiling of soil or other materials within one hundred (100) feet of any resource area. All stockpiled material shall be stored within the proposed erosion controls as shown on the herein referenced plans. Excess material shall be disposed of properly in accordance with state and local law. 242-1663, Raleigh Tavern 70 OOC 7 NACC 10/22/2015 DEP FILE # 242-1663 60. Construction access shall be over the existing lawn. Paved areas shall be swept daily to remove sediment deposited by construction vehicles accessing then site. 61. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is required a location for such activity shall be approved by the Conservation Department. 62. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 63. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 64. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. 11 AFTER CONSTRUCTION 65. No underground storage of fuel oils shall be allowed on any lot within one -hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 66. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen (< 5 %) and phosphorous free types, 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. 67. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or associated buffer zones. This condition shall remain in perpetuity. 242-1663, Raleigh Tavern 70 OOC 8 NACC 10/22/2015 DEP FILE # 242-1663 68. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 69. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 70. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. All discrepancies from the reference documents shall be detailed in the statement. 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 then the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a—y disturbance of soils or vegetation. 242-1663, Raleigh Tavern 70 OOC 9 NACC 10/22/2015 P DEP FILE # 242-1663 ➢ Location of all subsurface utilities entering the property. 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas as approved under DEP #242-1663 except as shown on the herein referenced plans. 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; ➢ Resource Area Markers (Condition #50); ➢ Discharge or spillage of pollutants (Condition #64); ➢ Prohibition of underground fuels (Condition #65); ➢ Limitations on the use of fertilizers, herbicides and pesticides (Condition #66); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #67). 242-1663, Raleigh Tavern 70 OOC 10 NACC 10/22/2015 r DEP FILE # 242-1663 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. 0 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 20_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in 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 20 (Signature - authorized agent of applicant or owner) 242-1663, Raleigh Tavern 70 OOC 11 NACC 10/22/2015