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HomeMy WebLinkAbout- Permits #242-1751 - 2051 SALEM STREET 4/23/2019 Nor, Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:242-1751 Bureau of Resource Protection-Wetlands eDEP Transaction#:1098166 WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER 4 Massachusetts Wetlands Protection Act M.G.L.c, 131,§40 A. General Information 1.Conservation Conunission NORTH ANDOVER 2.Issuance a` F OOC b.r,' Amended OOC 3.Applicant Details a.First Name CLEON bl Last Name RICHARDS c.Organization RUTH T.RICHARDS RE,VOCABLE TRUST.' d.Mailing Address 2053 SALEM STREET e.City/Town NORTH ANDOVER £State ,;_IySA' g.Zip Code 01845 4.Property Owner a,First Name CLEON l..Last Name RICHARDS c.Organization RUTH T.RICI IARDS REVOCABLE TRUST''. d.Mailing Address 2053 SALEM STREET e.City/Town NORTH ANDOVER f.State MBA g.Zip Code 01845 5.Project Location a.Street Address 2051 SALEM STREET b.CiVTown NORTH ANDOVER c.Zip Code 01845 d.Assessors 108A e.Parcel/L.ot# 0001 Map/Plat# f.Latitude 42.63726N g.Longitude 71.04959W 6,Property:recorded at the Registry of Deed for: a.County b.Certiticate c.Book d.Page NORTHERN ESSEX 4637 27 7.Dates a.Date NOI Filed;2/19/2019 b,bate Public Hearing Closed: 4/10/2019 c.Date Of Issuance;4/16/2019 8.l±inal Approved Plans and Other Documents a.Plan Title: b.flan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: PLAN FOR SLJ13SURFACE SEWAGE BENJAMIN C.' BENJAMIN C.OSGQOD, April 5,2019 1"=2Q' DISPOSAL OSGOOD,P,I ." JR,P.E. SYSTEM(2 SHEETS) B. Findings I.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is x significant to the following interests of the Wetlands Protection Act. Cbeck all that apply: p a.r Public Water Supply b. Land Containing Shellfish c.F Prevention of Pollution Page 1 of 10*ELECTRONIC COPY Bk 15821 Pg27 #8458 Massachusetts Department of Environmental Provided byMassDEP: ProtectionMassDEP File#:242-1 751 Bureau of Resource Protection-Wetlands el)EP Transaction :1098166 WPA Forms 5-Order of Conditions City/fown:NORTIYANDdVER Massachusetts Wetlands Protection'Act M.G.L.c. 131,§40 .' d.W Private Water Supply e. W Fisheries f.Tv- Protection of Wildlife Habitat g. 17 Ground Water Supply h. F Storm Damage Prevention., i.P Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a ry The following conditions which are necessary in accordance with,the performance standards set forth in the wetlands regulations.This Commission orders that all work shal(be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of time Act,and a final Order of Conditions is issued.A description of the specific information which is racking and why it is necessary is attached to this Order as per 310 CMR M05(6)(c). 3 r Buffer Zone Impacts:Shortest distance between limit of projcct disturbance and the wetland resource area specified in 310CMRI0.02(1)(a). a.linear feet Inland Resource Area fmpacts:(F'or Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d. linear feet 5.r Bordering Vegetated Wetland a.square feet b,square feet c,square feet d.square feet b.r Land under Waterbodies and Waterways a.square feet b.square feet a.square feet d.square feet e.cly dredged f.cly dredged 7.r Bordering Land Subject to Flooding a.square feet b square feet c.square feet d.square feet Cubic Feet Flood Storage e,cubic feet rf rabic feet g.cubic feet h.cubic feet s.r Isolated Land Subject to Flooding Page 2 of 10*ELECTRONIC COPY i Bk 15821 Pg28 #8458 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#:242-1751 Bureau of Resource Protection-Wetlands e1]EP Transaction 4:1098 166 WPA Form 5-Order of Conditions CityCfown:NORTH Ai`IDOVEit Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 a.square feet b.square feet Cubic,beet Flood Storage c.cubic feet d.cubic feet e,cubic feet f.cubic feet 9.1J Riverfront Area 4000 4000 _ a.total sq.feet b,total sq.feet Sq ft within 100:t c,square feet d.square feet e.square feet f. square feet Sq ft between 100-200 ft 4000 4000 0 0 g. square feet 1t.,kyuare feet i.square feet j,square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration. Alteration Replacement Replacement 10.1'Designated Port Areas Indicate size under Land Under the Ocean,below 11.1—Land Under the Ocean a.square feet b.square feet c.c/y dredged d.ciy dredged 12.r-Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.P'Coastal Beaches a.square feet b.square feet c,cly nourishment d.cly nourishment 14.1—Coastal Dunes a.square feet b.square feet c,cly nourishment d,c/y nourishment 15.f-Coastal Banks a,linear feet b.linear feet 16.r-Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes _ a.square feet b'., are feet c.square feet d.square feet 18.f Land Under Salt fonds a.square fcet.b square feet cc.c/y dredgeddredged,d.'-&y dredged 19.C"Land Containing Shellfish aa.square feet 6.square feet c,square feet d.square feet Indicate size under.Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c,c/y dredged d.cIy dredged Page 3 of 10*ELECTRONIC COPY Bk 15821 Pg29 #8458 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File#-.242-1751 Bureau of Resource Protection-Wetlands eDEP Transaction 4:1098166 WPA Form 5-Order of Conditions City/fownNORTH ANDOVER Massachusetts Wetlands Protection Act M,G,L,c. 131,§40 —iFf— 2 1.r-Land Subject to Coastal Storm Flowage 4 a.square feet b;sQuare feet 22. r' Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a w tjadd resource area in addition to the square footage that has been entered in Section B.5.c&d or B.I 7.c&d above,please entered the additional amount here a.square feet of BVW b.square fe&ot:Salt Marsh 23, r-Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings, a.number of new stream crossings b,number of replacement stream crossings C.General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other persoi:y6f the necessity of complying with all other applicable federal,state,or local statutes,ordinances,bylaws,br regulations. 4. The work authorized hereunder shalt be completed within';ttreryears 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 6ie more than three years,but less than five years,from the date of issuance.If this Order is Lntc�dcd tabe valid for more than three years,the extension date and the special circumstances w aiidiig li4,`extcnded 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 t1)'6"6xpiration date of the Order. 6, If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill,Any fill shall contain no trash,refuse,rubbish, or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes, refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,until all proceedings before the Department have been completed. 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 I and upon Page 4 of 10 ELECTRONIC COPY -Z A� Bk 15821 Pg30 #8458 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File 4:242-1751 Bureau of Resource Protection Wetlands e1JEP Transaction#:1498166 WPA Form 5-Order of Conditions CitytTown:NORTIJANDOv>R Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 which the proposed work is done.The recording information, hall be submitted to the Conservation Commission on the form at the end of this Order,which fori6 m; ust be stamped by the Registry of Deeds,prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"242-1751" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a parry to all agency proceedings and hearings before Mass DEP. l2. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in lraterest 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 woik: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 mairitaia6d until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be.maintained in good repair iiitil 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 tke 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 h may deem necessary.Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) F is not(2)R subject to the Massachusetts Stormwater Standards.If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as require d''by Storrwater Standard 8,Construction period erosion,sedimentation and pollution control measures am 6i management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-constrWion stormwater DMPs unless and until a Registered Professional Engineer provides a Certificatidn:th k:'i. all construction period BMPs have been removed or will be removed by a date certain specific i'iiietertifcation.For any construction period Page 5 of 10*ELECTRONIC COPY FL i Bk 15821 Pg31 #8458 Massachusetts Department of Environmental Pr-ovided by MassDEP: Protection Ma&sDEP File 4:242-1751 Bureau of Resource Protection-Wetlands eD1 P Transaction#:1098156 WPA Form 5-Order of Conditions City/Town:iVORTx Armovl R Massachusetts Wetlands Protection Act M.G.L.c, 131,§40 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;if.,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 stormwatc{;irlanagement system have been removed,as per the requirements of Stormwater Standard 10;iv, all post-ooltstr action stormwater BMPs are installed in accordance with the plans(including all planting plans)appzoyed by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably.established to withstand erosion. c) The landowner is responsible for BMP maintenance uritil.:'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'(Ji ined in General Condition 19(c))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan')and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long- term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement, assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance,lii'tie case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also il&titify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grant,`this ktsponsible party access to perform the required operation and maintenance must be submitted along with i elf gaily binding agreement. f) The responsible party shall operate and maintain all stoii�ater BMPs in accordance with the design plans, the O&M flan,and the requirements of the Massachus-&t .5t6rmwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for tli'elAi� thine(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 tog shall indicate�&t type of material and the disposal location); Z.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 Coxirmission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with 4he 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 Page 6 of 10 ELECTRONIC COPY Bk 15821 Pg32 #8458 Massachusetts Department of Euviroamental Provided by MassDEP: Protection MassDEP File P:242-1751 Bureau of Resource Protection eDEP Transaction#:1098166 -Wetlands WPA Form 5-Order of Conditions Cityffown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 OR all applicable.federal,state,aria local laws and regulatA'2"'"'. i) Illicit discharges to the stormi�ater management systel;K'�-I�:'�'46incd in 310 CMR 10.04 are prohibited. The stormwatcr management system approved in the did shall not changed er, ,�.Condition tbech without the prior written approval of the issuing authority, k) Areas designated as qualifying:pervious areas for the purppi�of the Low Impact Site Design Credit(as defined in the MassDE P Stormwater Handbook,Volume 3,,' 6pter 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 BM-Ps shall include access gates and shall,he at least six inches above grade to allow for wildlife passage. Special Conditions. D.Findings Under Municipal Wetlands Bylaw or Ordinance l.Is a municipal wetlands bylaw or ordinance applicable?ry Yes r No 2,The Conservatig[]Commission h=by(the ck one that appliesL a,r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2,Citation Therefore,work on this project may not go forward unlcss�nd 6til a revised Notice of Intent is submitted which provides measures which are ade4uate to meet these standAs,-and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or byl b, APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1,Municipal Ordinance or WETLANDS Citation CHAPTER 178 Bylaw BYLAW 3. from 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 ra the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall coatrol. The special conditions relating to municipal ordinance or bylaw are as follows: SREA71ACKED Page 7 of 10 ELECTRONIC COPY Bk 15821 Pg33 #8458 Massachusetts Department of Environmental provided by MasslaFP: Protection MassDEP File4:242-1751 Bureau of Resource Protection-Wetlands eDEP Transaction#:t 098166 'V4WPA,Form S w Order of Conditions eityltown;NO1tTH AlVDOVER Massachusetts Wetlands Protection Act M.G.L,c. 131,§40 E.Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4,If this is an Amended Order of 1,l5a,le of Ori ' al Order Conditions,the Amended Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must 2 Number of Signers be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing elec onically and the property owner,if different frown applicant. Signatures: r— by hand delivery on My certified mail,return receipt requested,on Date Date G� F.Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions,The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee"transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Oider associated with this appeal will be required to demonstrate prior participation in the review of this project.Previotj5 participation in the permit proceeding means the submission of written information to the Conservation Comini§ ciii prior to the close of the public hearing, requesting a Superseding Order,or prgviding written informatiiita tii;tlie 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 ire;€he 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, �. Page 8 of 9*ELECTRONIC COPY 0 E s r 01 --i Bk 15821 Pg34 #8458 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File B:242-1751 Bureau of Resource Protection-Wetlands eDEP Transaction#:1098166 WPA Form 5-Order of Conditions City(Fown:NORTH ANDOVER Massachusetts Wetlands Protection Act M,G.L.c. 131,§40 (KG.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. G.Recording Information This Order of Conditions must be recorded in the Registry of a, - the Land Court for the district in which the land is located,within the chain of title of the affected propertg'.' n L hie case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of th.downer of the land subject to the Order.In the case ... q - of registered land,this Order shall also be noted on the Land,Q, 16tift'C�rtificate of Title of the owner of the land subject to the Order of Conditions.The recording information on 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: 2051 SALEM STREET 242-1751 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of. County Book Page for: Property Owner CLE014 RICHARDS and has been noted in the chain of title of the affected property 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 Page 9 of 10 ELECTRONIC COPY Elk 15821 Pg35 #8458 Massachusetts Department of Environmental Provided byMassDEP: ProtectionMassDEP File#:U2-1751 Bureau of Resource protection-Wetlands eDEP Transacrion#:10981 66 Citylrovm:NQRTH ANDOVER WPA Form 5-Order of Conditions Massachusetts Wetlands Protection-Act M.G L,c. Signature of Applicant 96t.&nrOW I u B _ Page 10 of 10*ELECTRONIC COPY r r; is Bk 15821 Pg36 #8458 DEP FILE#242-1751 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 praposaIs submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS NJ 20. The proposed work includes: construction of a new single family home, subsurface sewage disposal system, well and driveway with associated utilities, site grading, drainage and landscaping portions of which are within Riverfront Area to Boston Brook. 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: Cleon Richards. Ruth T. Richards Revocable Trust 2053 Salem Street North Andover,MA 01845 Representative: Benjamin Osgood,Jr. 157 Bluff Street Salem, NH 03079 Documents: WPA Form 3-Notice of Intent Received: February 8,2019 Including Project Description,Alternatives Analysis, Copy of Checks;Wetland Fee Transmittal Form, Notificationfo'°Abutters,Abutters List,Site Photographs,.associated Maps and appendices i Letter frorn"Division of Fisheries &Wildlife Date: Febrti�ry 21,2019 NHESP File No. : 19-38369 Record Site Plans: Plan.for Subsurface Sewage Disposal System (2 Sheets) Prepared For: Property owner Ruth T. Richards Revocable Trust Stamped by: Benjamin C. Osgood,P.E. Date: February 6,2019 Last Revised: April 5,2019 242-1751,Salem Street 2051 spec cond 1 NACC 4/16/2019 Bk 15821 Pg37 #8458 DEP FILE#242-1751 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23.The conditions of this decision shall apply=.to;�and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenanxtsdwall 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 I0.00),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,§b notified the applicant in writing. 26.This Order does not relieve the permittee'O�r WY other person of the necessity of complying with all other applicable federal," tate or local statutes, ordinances,by-laws and/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 30prior to the exl2iration 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. 9 242-1751,Salem Street 2051 spec coed 2 ct ,:,, NACC 4/16/2019 a Bk 15821 Pg38 #8458 DEP FILE#242-1751 30.Where the Department of Environmental Protection(DBP) is requested to make a determination and to issue a Superseding:Or4qr, the Conservation Conx-Aission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland.crossin9 in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Riverfront Area. This resource areas 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. 33. The NACC did not approve the delineation of the resource area as it is on property of others. 34. This lot is part of an ANR plan approved by the Planning Board on January 22,2019. 310 CMR: 10.58 (4) (d) 1. Allows for alteration,of up to 10% of the Riverfront Area. Riverfront Area on the lot totals 8,550 s.,f. and"proposed alteration is 4,000 s.f. which exceed the 10%. Per 10.53 (3)C(limited projo-a-provision) a minimum width driveway to access an upland area is permissible.'Nd-at itional alteration of Riverfront Area is allowed on this lot per 910CMR 10,53Q (e}-"Iiy'?,bervetuitv. 35. This document shall be included in all cohg6ikfion contracts,subcontracts, and specifications dealing with the work propose'd'and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitt4work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event-of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or down.stream'Wre' as will not be subject to flooding,storm damage or any other form of water damage,., PRIOR TO CONSTRUCTION r 37. No work shall be undertaken until all adnunisrative appeal periods from this Order have elapsed or,if such an appeal has been fif6d,until all proceedings before the Department or Court have been completed. 242-175 1,Satern Street 2051 spec coed 3 NACC 4/16/2019 Bk 15821 Pg39 #8458 DEP FILE#242-1751 <.l' 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the.format the`''`nd of this Order prior to commencement of the work. Any Order nit recorded by the applicant before work commences may be:recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not 1q§ t two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1751." This sign shall remain posted until a Certificate of Compliance is obtained. 40. Any other changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. if the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are colaplied with, The project engineer and contractors are to be provided with a copy:c tthis Order of Conditions and referenced documents before commencement of conS06ction. it 42. Prior to any work commencing on-site, the,applicant shall submit to the NACC for approval,a dated and detailed sequence&04,mstruction, including the installation of erosion controls, site clearing, constructi&z;):Patving, and final stabilization. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life 04.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 242-1751,Salem Street 2051 spec coed 4 NACC 4/16/2019 Bk 15821 Pg40 #8458 DEP FILE#242-1751 of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. Compost/bark mulch filter sock (biodegradabl,6,no plastic netting)backed by trenched siltation fence shall be placed between all construction areas and resource areas as shown on the herein referenced plah,' 'The erosion control barrier will be properly installed and placed as shown on ltheplans approved and referenced herein and shall be inspected and approved by.,the l 1ACC or its agent prior to the start of construction and shall remain intact until'oll'-di; . rbed areas have been permanently stabilized to prevent erosion. All erosion` .,'� v6ntion 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 rnitiga�e 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 thirty (30) extra feet of compost filter sock and additional stakes for staking. Said erosion controls shallbe used only for the control of emergency erosion problems and shall not b&'ti'sed for the normal control of erosion. 46. Prior to the start of house construction, a R�'gisfered Land Surveyor (R.L.S.) shall stake the foundation locations'within the 100-foo zone. These measurements will be verified in the field by the Conservation D,!.,q '4"1,tment. 47. A check payable to the Town of North Andt�'r' shall be provided in the amount of $3,000 which shall be in all respects satisfacto�y 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. Sa 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 Scier'fist (or other environmental professional as approved by the NACC or its agent) as an-'"Vrosion Control Monitor" to oversee any emergency placement of controls and regular ar inspection or replacement of ph sedimentation control devices. The name�-ap, one number of the erosion control -'went that this person has to be monitor must be provided to the NACC ih4fi�, v 242-175 1,Salem Street 2051 spec cond 5 NACC 4/16/2019 Bk 15821 Pg41 #8458 DEP FILE#242-1751 contacted, due to an enforgency at the site�--ft;ting any 24-hour period,including weekends. Proof of th -retained monitor=fri es 'be submitted to the Conservation Department on letterhead by the retained',tonbi tilting firm. This person shall be given the authority to stop construction for erosion'..control purposes. The Environmental Professional will immediately notify the Cori'gervation 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 photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they,are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts. The Erosion Conii'ol 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 erosi { o trols are adequate and secure. 50. The applicant and/or the legal owner of if a fbrtion of land upon which these Orders of Conditions have been placed shall provfd&$j the NACC prior to transferring,or assigning any portion of said land to another'} arty, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of per jury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5)business days prior to the closing of said land transaction. 51.. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the monitor and the applicant to.°tersure that all of the Conditions of this Order are understood. This Order shall be'.ii hided in all construction contracts, subcontracts, and specifications dealing with'.t, 0 work proposed and shall supersede any conflicting contract requirements. ThePIicant shall assure that all contractors, subcontractors and other personnel perfO.'Oft the permitted work are fully aware of the peran dfs terms and conditions, Thered-tei,`the contractor will be held jointly liable for any violation of this Order of Conditiors. gutting from failure to comply with its conditions. The applicant or contractor shall'=i-iotify the NACC in writing of the identity of the on-site construction supervisor' tired to coordinate construction and to T. 242-1751,Salem Street 2051 spec cond 6 NACC 4/16/2019 Bk 15821 Pg42 #8458 DEE FILE#242-1751 ensure compliance with this Order, A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). STORMW.ATER MANAGEMENT CONDITIONS 52.The property will have a foundation drain system installed per the detail on the approved plans referenced herein 53.The driveway with Riverfront.Area shall have"A two percent(2%) slope toward a stone Swale on the east side of-the paved access...GiaUes shall be provided on the as-built plan to certify this condition. 54. Water quality in down gradient BVW's sh4l",`46t differ significantly following completion of the project from the pre-develo�ment conditions. There shall be no sedimentation into wetlands or water bodip�Jkoln discharge pipes or surface runoff leaving the site. 55. The applicants, owners,and their successors aid assignees, shall maintain,in perpetuity, all culverts, collections basins,trap, outlet structures, infiltration structures,and other elements of the drainage'system,in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 56. Upon beginning work, the applicant shall subi ut written progress reports weekly (as part of the erosion control monitoring report, ondition#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.bphsttuction sequence. 57. Dewatering activities are not proposed as�par }i�f this filing. If dewatering is required the applicant shall provide for the pumped vrdter to be contained in a settling basin (hay bale ring lined with filter fabric and crru hed stone,) to reduce turbidity prior to discharge into a resource area even if a dewatering bag is used. This dewatering area shall be approved by the Conservation Department prior to installation. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. u 58, At the start of lot clearing a stabilized construction entrance shall be established in accordance with the herein referenced plans (Sheet 2 of 2) to minimize sediment tracking on to adjacent roadways. Paved areas shall be swept daily to remove sediment deposited by construction vehicles accessing the site. t, 242-1751,Salem Street 2051 spec coed 7 NACC 4/16/2019 Bk 15821 Pg43 #8458 DEF FILE#242-1751 59. Any fill used in connection with this project shall be clean fill/natural materials, containing no trash, refuse, rubbish or debris,. including but not limited to concrete, crushed glass,lumber, bricks, plaster,wire, 4th, paper, cardboard, pipe, tires,ashes, refrigerators, motor vehicles or parts on any of.'the foregoing. 60. All exposed soil finish grrade surfaces shallc. >rnnc�ediately landscaped and stabilized, or loamed,seeded and mulched,with a,layer.caf mulch hay. All disturbed areas must be graded, loamed and seeded prior to No '. Y. 5 r 15t of each year. Outside of the growing season, exposed soil finish grade StWfaces shall be stabilized with a layer of mulch hay or other stabilization method (as diz ected by the Conservation Department) 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 as directed by the NACC. 61. No re-grading in the buffer zone shall have a slope steeper than 2.1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization, 62. There shall be no stockpiling of soil or other materials within the Riverfront Area. Stockpiled materials shall be stored within erosion controls in the location shown on the herein referenced plan. 63. All catch basins and any other stormwater i l0t8 on the site or within 100 feet of the project shall be protected by silt sacks to prevent sediment from entering the drainage system (except where proposed to be bloeUd?�ok removed). Silt sacks shall be maintained and regularly cleaned of sedirfi6fits'until all areas associated with the work permitted by this order have been liermaMh�Y'stabilized and the NACC or its agent has formally approved their removal. ' 64. Washings from concrete trucks, or surplus concrete, shall not be directed to any drainage system or wetland resource area. If truck washing is necessary an area shall be designated and approved by the Conservation Department. 65. All waste generated by, or associated with, the construction activity shall be contained within the limit of work and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dum.psters (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-breas subject to protection under the Act or local Bylaw. 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 242-1751,Salem Street 2051 spec cond 8 NACC 411612019 9 Bk 15821 Pg44 #8458 DEP FILE#242-1751. 67. During and after work on this project,there'sliall be no discharge or spillage of fuel,or other pollutants into any wetland resource AT.Oa. If there is a spill or discharge of any pollutant during any phase of construction tle.NACC shall be notified by the applicant within one (1)=,business day. N04Q�struction vehicles are to be stored within 100 feet of wetland resource areas,and no,;ygJNcle refueling,equipment lubrication, or maintenance is to be done within 100 feet:6 a,-)esource area. AFTER CONSTRUCTION 68. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)feet of any wetland resource area. This condition shall survive this Order of Conditions and shall survive a Certificate of Compliance. This condition is issued under the authority of the Town's Wetland Protection Bylaw. 69. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen type (< 5%), phosphorous free and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection Bylaw and shall survive the isst, ,of a Certificate of Compliance. 70, There shall be no dumping of leaves, grads clilapings,brush, or other debris into a wetland resource area. This condition sh41tijx,wive the issuance of a Certificate of Compliance. ' 71. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanentlft" gainst 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. 72. Upon approved site stabilization by Conservation staff,the erosion controls shall be reproved and properly disposed of and all exposed unvegetated areas shall be seeded. 73, Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate-"Of Compliance." b. A letter from the applicant requesting a Q-�f ificate of Compliance. C. The name and address of the current laY't&Weer. d, Signed statements from the individual;.' c rty owners shall be submitted with the request for a Certificate of Complrace,izzdicating that they read and understood the recorded Order of Cot'clz > s prior to purchasing their property. e. The name and address of the indlvidr °/i, t or corporation to whom the compliance is to be granted. f. The street address and assessor's reap/parcel number for the project. is 242-1751,Salem Street 2051 spec coed 9 NACC 411 G/20]9 Bk 15821 Pg45 #8458 DEP FILE#242-1751 'h & 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,in the same scale as the record plan referenced herein, prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record and. This plan will include: ➢ "As-Built" post-development elev,,at ons of all drainage&stormwater management structures constructe,4 ithin 100 feet of any wetland resource area and within the Riverfront f +This shall include the slope of the driveway as it is required to haveya,91 o slope toward the stormwater swale NOTE: If portions of the systems exist partially within the Buffer Zone then the entire strucjtdip'rust 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 Iine 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:6htering the property. 74. The following special conditions shall suni!.*the issuance of a Certificate of Compliance (COC) for this project: ' ➢ No further alteration of Riverfiol. ` yea on the lot(Condition#34); ➢ Storrrlwater Management Conditions (Condition #52&#53); ➢ Discharge or spillage of pollutants (Condition #67); �j ➢ Prohibition of underground fuels (Condition#68); ➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions #69); 242-1751,Salem Street 2051 spec cond 10 NACC 4/16/2019 ;F Bk 15821 Pg46 #8458 DEP FILE #242-1751 ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#70). 0 9 u 242-1751,Salem Street 2051 spec cond 1 l NACC 4/16/2019 j. Bk 15821 Pg47 #8458 DEP PILE#242.1751 APPENDIX A AFFIDAVIT p 1, on oath hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK ATLEAST ONE BLOCK) x, I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by WEP or NACC number) the North Andover Conservation Commission. 8r/or 2. lam the Of (position with owner) (owner xnarne) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission.. & - 0, 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each"'', (DEP File#)and every condition which has been,set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this-day of 20 1 inspected said property together with any and aH 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 bile#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) u Signed under the pains and penalties;:of perjury this aywsf 20 (Signature-autl it U."C'd rgent of applicant or owner) I', 242-1751,Salem Street 2051 spec cond 12 NACC 4I16I2019