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HomeMy WebLinkAbout- Permits #242-1758 - 1620 TURNPIKE STREET 7/17/2019 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1758 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover City/Town A. General Information Please note: North Andover this form has 1. Fron been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements a.First Name b. Last Name Important: When filling GP&C, Inc. out forms on c.Organization the 1620 Turnpike Street computer, use only the Mailing Address tab key to North Andover MA 01845 move your e. Cityfl-own f.State g,Zip Code cursor-do not use the 4, Property Owner(if different from applicant): return key. a. First Name b.Last Name c.Organization d!. Mailing Address -e�. I—tyrfovV"in f.State g.Zip Code 5. Project Location: 1620 Turnpike Street North Andover a. Street Address b. Cityf-rown Map 107 Lot 17 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d64mO729s 71 d07m9781 s d. Latitude e. Longitude wpaform5.doc- rev.611612016 Page 1 of 12 4 l; Massachusetts Department of Environmental Protection Provided by MassDFP: Bureau of Resource Protection - Wetlands 242-1758 Ma;ssDEP File# LIJI WPA Form 5 _ Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): e a.Couny Essex .... _. Northern t b.Certificate Number(if registered lands j i 3380 17 _ I c. Book ..... d. Page j June 13 2019 June 26, 2019 July 17,.2019 7. Date's: _.....m — a. elate Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Pum Station Site Plan#1620&1650 TT ike Street-4 sheets a.Plan Title Williams & Sparages Christ P. Sparages, Civil#401.74 b. Prepared By c.Signed and Stamped by June 6, 2019 1"=30' d. Final Revision Date e. Scale f.Additional Plan or Document Title g.Date B. Findings 1. Findings pursuant to the Massachusetts,Wetlands Protection Act: 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: c ® Prevention of a. Public Water Supply b. 0 Land Containing Shellfish Pollution � Protection of d. ® Private Water Supply e. Fisheries f. Wildlife Habitat g. Groundwater Supply h. Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: 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. I ` wpaform5.doo• rev.6/16/2015 Page 2 of U i' 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1758 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover City/Town B. Findings (cont.) Denied because: b. F-1 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, F-1 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 10.06(6)(c). 3, 0 Buffer Zone impacts: Shortest distance between limit of project +25' disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. 0 Bank a.linear feet b.linear feet c.linear feet d.linear feet 5, F-1 Bordering Vegetated Wetland a.square feet b.square feet c,square feet d,square feet 6. El Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.cly dredged f.c/y dredged 7. [:1 Bordering Land Subject to Flooding a_square feet b,square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. F-1 isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. 0 Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet 1.square feet 1.square feet wpaforni5.doc- rev.611 612 01 5 Page 3 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1758 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Ll North Andover J City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement to, F1 Designated Port Indicate size under Land Under the Ocean, below Areas 11. El Land Under the Ocean a,square feet b,square feet c.cly dredged d, c/y dredged 12. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd ou yd 13. El coastal Beaches nt a,square feet b.square feet "c.nounshn�ent d. nourisGent cu yd cu yd 14. F] Coastal Dunes a.square feet b.square feet c. nourishment d. nourishment 15. E] Coastal Banks a.linear feet b. linear feet 16,. F1 Rocky Intertidal Shores a.square feet b.square feet 17. El Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. 171 Land Under Salt Ponds a.square feet b.square feet c.cly dredged d.cly dredged i,g. EJ Land Containing Shellfish a.square feet b.square feet c,square feet d.square feet 20. F1 Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above -a—,cij—dredged b.cCy dredged 21,. F-1 Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. F-1 Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100,ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- —-- T�.square feet —J.square feet j•square feet 2100 ft g.square feet wpaform5.doc• rev.611612015 Page 4 of 12 4 1 Massachusetts Department of Environmental Protection Provided by MassDEP. Bureau of Resource Protection - Wetlands 242-1758 MassDEP File WP.A Form 5 — Order of`Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction .North Andover City/Town 1 B. Findings (cone.) *#23. if the 21 ❑ Restoration/Enhancement project•,is for the purpose of restoring or —._.. _... .._.._ _.. enhancing a a.square feet of BVW b.square feet of salt marsh wetland resource area 24. ❑ stream Crossing(s): in addition to the square — ...... footage that a.number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVVV)or The following conditions are only applicable to Approved projects. B.17,c(Salt Marsh)above, 1 y Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modifythis Order. g � amount here. 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMP 10.05(11)(f). G. 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. wpaforrn5.doc• rev.611612015 Page 5 of 12 4 I Massachusetts Department of Environmental Protection Provided by MassDEP; Bureau of Resource Protection -Wetlands 242-1758 Ma—S6EP File# Ll W'PA Form 5 -- Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 et�EFTransac6"' North Andover Citym awn G. General Conditions Under Massachusetts Wetlands Protection Act 6. 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. i 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 farm must be stamped by the Registry of Deeds, prior to the commencement of work. 15. 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 242-1758 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 (WWPA Form 3A)to the Conservation Commission.. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent„ 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doc- rev.611612015 Page 6 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: 242-1758 Bureau of Resource Protection - Wetlands MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _eDE P"transaction# L11 - North Andover Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18, All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the"Project") (1) F-1 is subject to the Massachusetts Stormwater Standards (2) 0 is NOT 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; wpaforM5.doc• rev.6116/2015 Page 7 of 12 4 Massachusetts Department of Environmental Protection Provided by MassIDEP: Bureau of Resource Protection - Wetlands 242-1758 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e_DEP Transaction# LIJ forth Andover CityrTown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 BIVIP's is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 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: j,) 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 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. wpaforrn5.doc- rev.611612015 Page 8 of 12 4 i i t { Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 24 -1758 'U PA Form 5 _ Order of ConditionsaSso�EPFi� Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 eDEP Transaction Ll North Andover I —.... City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: j 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): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the t monitoring plan and the restoration plan submitted with the Notice of Intent. If the ` conservation commission or Department determines that the Test Protect threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission, or the 'Department. wpaform5.doc• rev.6/1612015 Page 9 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1758 Mass61EP Piie# WPA Form 5 — Carder of Conditions LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP frrls—a — action#J North Andover Cityl-rown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? 0 Yes 171 No 2. The North Andover hereby finds (check one that applies): -Conservation Commission a.a. n that the proposed work cannot be conditioned to, meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Muni, 2.Citation p I ordinance or Bylaw 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. E that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection ByLaw & Ike qujatiqqs Chapt. 190 1, Municipal Ordinance or Bylaw 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): North Andover Conservation Commission Findings & Special Conditions (see attached) Page 10 of 12 wpaform5.doc- rev.611612015 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEPFile#: ' %H2.- 1 7,51� LJ )ATA Form 5-Order of Conditions eDEP Transaction#: Mass achusetts Wetlands Protection Act M.G.L,c. 13 1, §40 "Y""w": PRJI� 4-kaig,) E. Signatures This Order is valid for tbree years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1,.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number ofinembers who will sign this form.This Order must be signed by 2.Number of Signers a majority of the Conservation Commission, The Order must be mailed by certified mail(return receipt requested)or hand delivered10 the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department ofEnvirownental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: V F by hand delivc611 IiCby certified mail,return iv,-ceipt requested,on Date Date F. Appeals The applicant the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ton residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDFP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Dcpattment,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 Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the.Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L c. 131, §40),and is inconsistent with the wetlands regulations(3 10 CMR 10,00).To the extent that the Order is based on a municipal ordinance or bylaw,.. and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 8 of 9*ELECTRONIC COPY 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 24�2-11758 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaotion# LIJ North,Andover CityrFown G. Recording Information Prior to commencement of work, 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: _16Turnpike.§treet�.. 242-1758 Project Location —MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County BookBook Page for: GP& C, Inc.Property—Owner and has been noted in the chain of title of the affected property in: 3380 17 Book Page In accordance with the Order of Conditions issued on: 07-17-19 .. ........ Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.611612015 Page 12 of 12 4 1 Massachusetts Department of Environmental Protection � DAP File Number: Bureau of Resource Protection - Wetlands Request for Departmental. Action Fee Provided by DEP Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information t 1. Location of Project a.Street Address b.Cityfrown,Zip c.Check number d. Fee amount Important:l 2. Person or art making request If appropriate, name the ctizen rou "s re resentative): When filling out forms on the computer, Name i use only the tab key to Mailing Address move your cursor-do Cityffown State Zip Code not use the return key. Phone Number Fax Number(if applicable) r� 3. Applicant(as shown on Determination of,applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Nan-Significance (Form ia)): Name Mailing Address City Town state Zip Code Phone Number Fax Number if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): El Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245 (all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 wpaforms.doc• rev.412212015 Page 1 of 2 4 Massachusetts Department of Environmental Protection DEP File Number: ILIBureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass,gov/eea/agencies/massdep/about/contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5,doe- rev.412212015 Page 2 of 2 DEP FILE #242 -1758 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, s.pecifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: installation of a new 4" ductile iron sewer force main pipe and associated 6' diameter pump chamber, abandonment of existing septic tank. Force main installation involves excavating a 5' wide trench and excavation for pump chamber install within the 100-foot buffer zone to Isolated Vegetated Wetland (IV ) and Bordering Vegetated Wetland (BVW), but outside the 25' No Disturb Zone. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: GP & C, Inc. 1620 Turnpike Street North Andover., MA 01845 Site Plans prepared by: Williams & Sparages 'Pump Station Site Plan 41620 &1650 Turnpike Street" Sheet 1 of 4 Signed and stamped by Chist P. Sparages, Civil #40174 Scale 1"=30' dated May 21, 2019 stamped June 6, 2019 "'Pump Station Site Plan#1620 & 1650 Turnpike Street" Detail Sheets 2 through 4 Signed and stamped by Chist P. Sparages, Civil #40174 Scale 1"=30' (or as noted) dated May 21, 2019 stamped June 6, 2019 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 t620 Turnpike Street,DEP 92424758 NACC Findings&Special Conditions Page I of I I .. DEP FILE #242 -1758 obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property, 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. Any changes in the approved 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 changes to the approved plan shall be implemented in the field until written approval has been granted by the NACC. 26. 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 (31.0 CMR 10.00), the North Andover Welland 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. 27, 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. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. 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 AaY_S (30) prior to the expiration date of the Order (Refer to Section 83) of the North Andover Wetland Regulations), 30. 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. 1620 Turnpike Street,DEP#242-1758 NACC Findings&Sp ecial Conditions Page 2 of 11 DEP FILE # 242 -1758 31. 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. 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 33. The NACC agrees with the applicant"s delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25 ) No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of t1le local Regulations), 35, This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36, The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 37. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 1620 Turnpike Street,DEP#242-1759 NACC Findings&Special Conditions Page 3 of 11 DEP FILE #242 -1758 CONSTRUCTION 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1758." 41 It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 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. 1620 Turnpike Street,DFP#242-1759 NACC Findings&Special Conditions Page 4 of 11 DEP FILE 9 242 -1758 44. Prior to erosion control installation, large diameter trees located within the path of the trench shall be tagged and reviewed with Conservation Department staff to evaluate options for the trench path,alignment to preserve said trees and their root structures to the greatest extent practicable. 45. A row of staked 12"filtrex sock or staked entrenched hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC 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 deg-radation 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. 46. Prior to the start of any soil disturbance, removal or stockpiling, the applicant shall have on hand at a minimum of 5 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. 47, Before the commencement of work on site, a check payable to the Town of North Andover shall be provided in the amount of$2,000 (two thousand dollars) 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. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 48. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name .and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including 1620 Turnpike Street,DEP 9242-1758 NACC Findings&Special conditions Page 5 of I I DEP FILE #242 -1758 weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes (or) The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 49. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photographs from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts, The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 50. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" with signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area", additional markers shall be placed along the tree line west and south of the existing building. This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or 1620 Turnpike Street,DEP#242-1758 NACC Findings&Special Conditions Page 6 of 1 I. DEP FILE #242 -1758 construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer,wetland scientist, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 54, Water quality in down gradient IVW's or 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 55. Should de-watering activities be anticipated, means and methods shall be reviewed and approved by the Conservation Department prior to implementation in the field. All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other 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. 1620 Turnpike Street,DEP#242-1758 NACC Findings&Special Conditions Page 7 of 11 DEP FILE 9 242 -1758 56. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris,including but not limited to lumber, bricks, plaster, wire, lath, concrete, glass, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized., or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded., loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 58. No re-grading in the buffer zone shall have a slope steeper than 2:1. (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 59. The construction access for the project shall be swept daily to remove sediment deposited by construction vehicles accessing then site 60. There shall be no stockpiling of soil or other materials within [twenty-five (25) feet] of any resource area. 61. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 62. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means, The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 63. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 64. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. 1620 Tunipike Strect,DEP 9#242-1758 NACC Findings&Special Conditions Page 8 of.1 1 DEP FILE #242 -1758 AFTER CONSTRUCTION 65. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 66. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen 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. 67. No road salt, sodium cl-bride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zone`° and "No-Snow Stockpiling Zones" shall be displayed in prominent locations as coordinated with the Conservation Administrator. 68. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 69. 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. 70. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed un-vegetated areas shall be seeded with a native shade tolerant woodland seed mix. 71. 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. 1620 Turnpike Street,DEP#242-1758 NAC,C Findings&Special Conditions Page 9 of 11 DEP FILE # 242 -1758 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 sto,rmwater 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 an disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 87. 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. Future work within existing wetland resource areas and associated 100' buffer zones will require a separate filing with the NACC 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 #50); ➢ Discharge or spillage of pollutants (Condition# 64); Prohibition of underground fuels (Condition #65); Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #66 & 67); No dumping of leaves, grass clippings,brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone. 1620 Turnpike street,DEP 4242-1758 NACC Findings&Special conditions Page 10 of 11 DEP FILE 4 242 -1758 APPENDIX A- AFFIDAVIT on oath do hereby depose and state� (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BL OCIO I. 1 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 numbei) the North Andover Conservation Commission. &/Of 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions—.—..... have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 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...__19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions — are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions®..... (DEP File#) Signed under the pains and penalties of perjury this—day of 19 (Signature-authorized agent of applicant or owner) 1620 Turnpike Street,DEP 9242-1758 NACC Findings&Special Conditions Page I I of I I