HomeMy WebLinkAboutMiscellaneous - 998 SALEM STREET 4/30/2018 (2)i
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP
wpafrm8b.doc - rev. 12/23/09
WPA Form 813, Certificate of Compliance - Page 1 of 3
A. Project Information
Important:
When filling out
1.
This Certificate of Compliance is issued to:
forms on the
computer, use
Jeffrey Mangiameli
only the tab key
Name
to move your
cursor - do not
998 Salem Street
use the return
Mailing Address
key.
North Andover MA 01845
City/Town State Zip Code
f�
2.
This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Jeffrey & Michelle Mangiameli
fe"0"
Name
January 28, 2010 242-1468
Dated DEP File Number
3.
The project site is located at:
998 Salem Street North Andover
Street Address City/Town
Map 104D Parcel 30
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner (if different)
Essex North 12001 19
County Book Page
Certificate
4.
A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
11/28/12
Date
wpafrm8b.doc - rev. 12/23/09
WPA Form 813, Certificate of Compliance - Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1468
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
-- - ---------------------------------------------------------------------------------------------------
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
998 Salem Street 242-1468
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Jeffrey & Michelle Man iameli
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc • rev. 12/23/09
WPA Form 813, Certificate of Compliance - Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: 1 17 North Andover
Provided by MassDEP
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
vvnen immg
1. 1 [visa. Conservation Commission
out forms
on the
2. This issuance is for
a. ®Order of Conditions b. ❑ Amended Order of Conditions
computer,
(check one):
use only the
tab key to
3. To: Applicant:
move your
cursor - do
Jeff & Michelle
Mangiameli
not use the
a. First Name
b. Last Name
return key.
c. Organization
17 Wilson Avenue
d. Mailing Address
Belmont
MA 02478
e. City/Town
f. State g. Zip Code
4. Property Owner (if different from applicant):
a. First Name
Nicholas A. Artimovich Trust
c. Organization
998 Salem Street
d. Mailing Address
North Andover
e. City/Town
5. Project Location:
998 Salem Street
b. Last Name
MA
f. State
North Andover
a. Street Address b. City/Town
Map 104D Parcel 30
c. Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d40'm02"Nsd. Latitude
wpaform5.doc • rev. 12/23/09
71 d04'm24' Ws
e. Longitude
Page 1 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information (cont.)
6
Provided by MassDEP
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Essex North
a. County b. Certificate Number (if registered land)
10044 159
c. Book d. Ze
12/31/09 / 0110?'Pho
7. Dates: a. Date Notice of Intent Filed b. D to Pu6lic Hearing Closed c. Yate of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document
references as needed):
Site Plan for Notice of Intent
a. Plan Title
Christiansen & Sergi, Inc.
b. Prepared By
1/20/10
d. Final Revision Date
f. Additional Plan or Document Title
B. Findings
Philip G. Christiansen, P. E., Michael J.
Sergi, R. P. L. S.
1"=20'
e. Scale
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
g. Date
Following the review of the above -referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of
Wildlife
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpaform5.doc • rev. 12/23/09
Page 2 of 12
I
Massachusetts Department of Environmental Protection
L1Bureau of Resource Protection - Wetlands
1 WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Denied because:
Provided by MassDEP
242-1468
MassDEP File #
eDEP Transaction #.
North Andover
City/Town
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the
work, or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project
1
44linearfeet
disturbance and Bank or Bordering Vegetated Wetland boundary (if
a.
available)
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 a. square feet b. square feet c. square feet
d. square feet
Waterways
7. ❑ Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
s. ❑ Isolated Land
Subject to Flooding
Cubic Feet Flood Storage
wpaform5.doc • rev. 12/23/09
e.'c/y dredged f. c/y dredged
a. square feet b. square feet
—. 4.m� —, u. —I...c —,
e. cubic feet f. cubic feet g. cubic feet h. cubic feet
c. cubic feet d. cubic feet e. cubic feet f. cubic feet
Page 3 of 12
L
B. findings (cont.)
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Rocky Intertidal
Bureau of Resource Protection - Wetlands
242-1468
Permitted
WPA Form 5 - Order of Conditions
MassDEPFile #
Alteration
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction #
9. ❑ Rlverfront Area
North Andover
City/Town
B. findings (cont.)
Coastal Banks
16. ❑
Rocky Intertidal
Resource Area
Proposed
Permitted
Proposed Permitted
18. ❑
Alteration
Alteration
Replacement Replacement
9. ❑ Rlverfront Area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet f. square feet
Sq ft between 100-
200 ft
g. square feet
h. square feet
i. square feet j. square feet
Coastal Resource Area Impacts: Check all that apply below.
(For Approvals Only)
1o. ❑ Designated Port
Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean
a. square feet
b. square feet
12. ❑ Barrier Beaches
13. ❑ Coastal Beaches
14. ❑ Coastal Dunes
15. ❑
Coastal Banks
16. ❑
Rocky Intertidal
Shores
17. ❑
Salt Marshes
18. ❑
Land Under Salt
Ponds
19. ❑ Land Containing
Shellfish
20. ❑ Fish Runs
21. ❑ Land Subject to
Coastal Storm
Flowage
wpaform5.doc • rev. 12/23109
Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
a. square feet b. square feet c. nourishment d. nourishment
cu yd cu yd
a. square feet b. square feet c. nourishment d. nourishment
a. linear feet b. linear feet
a. square feet
a. square feet b. square feet c. square feet d. square feet
a. square feet b. square feet
c. Gy dredged d. c/y dredged
a. square feet b. square feet c. square feet d. square feet
Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. c/y dredged b. Gy dredged
a. square feet b. square feet
Page 4 of 12
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
B. Findings (cont.)
22. ❑ Restoration/Enhancement:
a. square feet of BVW b. square feet of salt marsh
23. ❑ Stream Crossing(s):
a. number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have
been completed.
wpaform5.doc • rev. 12/23/09 Page 5 of 12
Massachusetts Department of Environmental Protection
2LIBureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WassDEP"]
"File Number 242-1468 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. --Any change to the plans identified in Condition #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.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
wpaform5.doc • rev. 12/23/09 Page 6 of 12
DEP FILE # 242 -1468
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.
48. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" with a post and rail fence which will extend from the northern
property boundary to the southern property boundary (parallel to wetland flags B2
through B13) and markers spaced evenly every 25 feet incorporating the following text:
"Protected Wetland Resource Area". This will designate their sensitivity and assure no
further inadvertent encroachment into the wetland. These permanent markers are subject
to review and approval by the NACC. The applicant shall instruct all agents to explain
these markers to buyers/lessees/landscapers and all persons taking over the property
from the applicant. The markers shall remain posted and be replaced as necessary in
perpetuity.
49. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall
stake the foundation corners of the SFH. These measurements will be verified in the field
during the pre -construction meeting.
50. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or assigning
any portion of said land to another party, subject to said Orders of Conditions, the
"Compliance Certification Form Affidavit" attached via "Appendix A" signed under the
pains and penalties of perjury, stating that said applicant and/or owner has read these
Orders of Conditions and is in compliance with each and every condition. This document
shall apply to each of the conditions referenced herein and shall be provided to the
Conservation Department at least five (5) business days prior to the closing of said land
transaction.
51. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, wetland
scientist and the applicant to ensure that all of the Conditions of this Order are understood.
This Order shall be included in all construction contracts, subcontracts, and specifications
dealing with the work proposed and shall supersede any conflicting contract requirements.
The applicant shall assure that all contractors, subcontractors and other personnel
performing the permitted work are fully aware of the permit's terms and conditions.
Thereafter, the contractor will be held jointly liable for any violation of this Order of
Conditions resulting from failure to comply with its conditions. The applicant or
contractor shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this Order. A
reasonable period of time shall be provided as notice of the pre -construction meeting (e.g.
72 hours).
242-1468,998 Salem Street OOC.doc 6 NACC 1/28/2010
DEP FILE # 242 -1468
11STORMWATER MANAGEMENT CONDITIONS
52. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
53. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre -development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
54. Upon beginning work, the applicant shall submit written monthly progress detailing
what work has been done in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction sequence.
55. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
56. The contractor will take all steps necessary to control dust onsite so that adverse effects
on adjacent resource areas and / or habitat do not occur.
57. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and it's proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall be
submitted to the Conservation Administrator for approval.
58. A crushed stone construction entrance shall be installed to minimize soil / material
tracking onto Salem Street. All construction vehicles must access the site through the
construction entrance. This entrance shall be reinforced as necessary. A detail shall be
provided to the Conservation Department prior to the start of construction.
59. Erosion control devices shall be inspected regularly; any entrapped silt shall be
removed to an area outside of the buffer zone and wetland resource areas; silt fence and
hay bales shall be replaced as necessary. The areas of construction shall remain in stable
condition at the close of each construction day. All erosion controls shall be in place
throughout the duration of any construction on site or unless authorized by the
Conservation personnel.
242-1468,998 Salem Street OOC.doc 7 NACC 1/28/2010
DEP FILE # 242 -1468
60. No dewatering activities are proposed. 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. A ring of hay bales shall surround the discharge
area and a silt sock shall be used. De -watering activities anticipated shall be supervised
and witnessed by the designated Environmental Monitor. This designee must be on-site
while work specific to de -watering activities are occurring and until complete.
Activities shall be monitored daily by the Environmental 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 under the MA Wetlands Protection Act and / or the North Andover
Wetlands Bylaw.
61. A split rail fence shall be constructed (and be repaired/ replaced in perpetuity) upslope
of the 25' No Disturbance Zone, parallel to wetland flags B2 through B13, and
extending from the northern property boundary to the southern property boundary.
Upland area between the wetland and the proposed fence shall be allowed to revert to
a natural state where previously mowed and shall not be disturbed.
62. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing.
63. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1St of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch
hay or other means approved by the NACC.
64. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip -rapped to provide permanent
stabilization.
65. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
66. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Soils or other materials shall be stockpiled in locations approved by this
department or within the designated areas as shown on the approved plan referenced
herein. Further, due to the existing grade on the site, any approved temporary
242-1468,998 Salem Street OOC.doc 8 NACC 1/28/2010
DEP FILE # 242 -1468 `
stockpile areas shall be adequately surrounded by erosion controls to prevent
migration of soils to the resource area.
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 limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
69. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
70. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 _feet of a resource area.
AFTER CONSTRUCTION
71. No underground storage of fuel oils shall be allowed on any lot within one -hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
72. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen
types (< 5%), and 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. 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.
242-1468,998 Salem Street OOC.doc 9 NACC 1/28/2010
DEP FILE # 242 -1468
74. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the
request for a Certificate of Compliance indicating that they read and understood the
recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced above,
and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: if portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls, pools,
retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes anv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
➢ The delineated wetland line from wetland flag B1 to flag B13 and the post
development location of the post and rail fence.
242-1468,998 Salem Street OOC.doc 10 NACC 1/28/2010
DEP FILE # 242 -1468
76. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under DEP # 242-1468. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 (page 15) of the Regulations for performance standards
within these zones) The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition #48);
➢ Split rail fence (Condition #61)
➢ Discharge or spillage of pollutants (Condition #70);
➢ Prohibition of underground fuels (Condition #71);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#72).
242-1468,998 Salem Street OOC.doe 11 NACC 1/28/2010
Massachusetts Department of Environmental Protection
il LI
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the 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
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
/b P %D
1. Date of Issuance
S
2. Number of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Sigi
Date
by hand delivery on
F. Appeals
[2'by certified mail, return receipt
requested on
Date '
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc - rev. 12/23/09 Page 11 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the
name of the owner of the land subject to the Order. In the case of registered land, this Order
shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the
Order of Conditions. The recording information on this page shall be submitted to the
Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
998 Salem Street
Project Location
Has been recorded at the Registry of Deeds of:
Essex North
County
for: Property Owner
242-1468
MassDEP File. Number
Book
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
Page
wpaform5.doc • rev. 12/23/09 Page 12 of 12
DEP FILE # 242 -1468
APPENDIX A - AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
2. I am the
&/or
of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
L1
3. I hereby affirm and acknowledge that I have received said Order of Conditions
have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File #)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of 19
(Signature - authorized agent of applicant or owner)
242-1468,998 Salem Street OOC.doc 12 NACC 1/28/2010
and
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40,
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated
sediments as needed. The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission, which
reserves the right to require additional erosion and/or damage prevention controls it may
deem necessary. Sedimentation barriers shall serve as the limit of work unless another
limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order (the "Project") is (1) ❑ is not (2) ® subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards, then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as -built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
iv. all post -construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post -construction BMPs is suitably established to
withstand erosion.
wpaform5.doc - rev. 12/23/09 Page 7 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is
notified that another party has legally assumed responsibility for BMP maintenance. Prior
to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 18(e)) shall execute and submit to the
issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement)
for the Stormwater BMPs identifying the party responsible for implementing the stormwater
BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the
0&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and ii.) the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs
and implement the Stormwater Pollution Prevention Plan.
d) Post -construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc - rev. 12/23/09 Page 8 of 12
LI)Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
wpaform5.doc • rev. 12/23/09 Page 9 of 12
LI)Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
242-1468
MassDEP File #
eDEP Transaction #
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1. Municipal Ordinance or Bylaw 2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2. Citation
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
See Attached
wpaform5.doc • rev. 12/23/09 Page 10 of 12
DEP FILE # 242 -1468
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those
interests noted above. The NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of Intent referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
19. The proposed work includes: The demolition of an existing single family house and
construction of a new single family home, driveway with appurtenant site work and
grading within 100 feet of a bordering vegetated wetland. A connection to a sewer force
main in Salem Street is also proposed.
20. The work shall conform to the following:
Applicant: Jeff & Michelle Mangiameli
17 Wilson Avenue
Belmont, MA 02478
Notice of Intent filed by: see above
Dated: 12/21/09
Site Plans prepared by: Christiansen & Sergi, Inc
160 Summer Street
Haverhill, MA 01830
Titled: Site Plan for Notice of Intent in North Andover,
Mass. at 998 Salem Street for Jeff & Michelle Mangiameli
Dated: December 18, 2009
Revised: 1/20/10
21. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified in
writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
22. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
23. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
242-1468.998 Salem Street OOC.doc 1 NACC 1/28/2010
DEP FILE # 242 -1468
24. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves
the right to enter and inspect the property at all reasonable times until a Certificate of
Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310
CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any
information, measurements, photographs, observations, and/or materials, or may require
the submittal of any data or information deemed necessary by the NACC for that
evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions. Work
shall not resume until the NACC is satisfied that the work will comply and has so notified
the applicant in writing.
25. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state or local statutes, ordinances, by-laws or regulations.
26. The work authorized hereunder shall be completed within three years from the date of this
order.
27. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty days
(30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover
Wetland Regulations).
28. 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.
29. 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.
30. 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).
31. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). This resource area is significant to the interests of
the Act and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of this resource area to the identified interests.
32. The NACC agrees with the applicant's delineation of the wetland resource area (wetland
flags Al through A9 and B1 through B8 on the site as shown on the revised plan dated and
referenced herein. Wetland flags B9 through B13 have also been approved and shall be
242-1468,998 Salem Street OOC.doc 2 NACC 1/28/2010
DEP FILE # 242 - 1468
be depicted on the as -built plan.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent any
alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a
fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent
wetland resource area except as follows: Waiver of the 50 -foot No -Build Zone from the A -
series wetland for construction of the southwestern corner of the driveway, portions of a
walk and a stone retaining wall as depicted on the record plan referenced herein. The
Conservation Administrator and/or other agents of the NACC do not have the authority
to waive these setbacks as established under the local bylaw.
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 agree that the Order does not in itself
impose upon the Town any responsibility to maintain the proposed drainage system and
that said Town shall not be liable for any damage in the event of failure. By acceptance of
this Order, the owners agree to indemnify and hold harmless to the Town and its residents
for any damage attributable to alterations undertaken on this property pursuant to the
Order. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of water
damage.
PRIOR TO CONSTRUCTION Mi
36. 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.
37. 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
242-1468,998 Salem Street OOC.doc 3 NACC 1/28/2010
I
DEP FILE # 242 -1468
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
38. 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 242-1468."
39. 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.
40. 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.
41. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of restoration
areas, installation of sedimentation/erosion control devices and re -vegetation to be
completed before other work begins on-site. Approval of the phasing plan is required prior
to construction.
42. The applicant shall provide the NACC with proof (signed contract) that a connection to a
private sewer line in Salem Street will be constructed to service the proposed residence
with municipal sewer. No construction may commence until this documentation is
received.
43. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can be
monitored. The proposed limit of work shall be shall be clearly marked with erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time.
44. A row of 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
242-1468,998 Salem Street OOC.doc 4 NACC 1/28/2010
DEP FILE # 242 -1468
and approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be used
only for the control of emergency erosion problems and shall not be used for the normal
control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of $3,000
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the
NACC, and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town. Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary release
schedule keyed to completion of specific portions of the project for the NACC's review and
approval. This condition is issued under the authority of the local ByLaw.
47. The applicant shall designate a Wetland Scientist (or other environmental professional as
approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. The
Environmental Professional will immediately notify the Conservation agent of any matter
that requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt. At least once
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
242-1468,998 Salem Street OOC.doc 5 NACC 1/28/2010