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HomeMy WebLinkAbout- Permits #242-1779 - 0 SALEM STREET 2/25/2020 4 Massachusetts Department of Environmental Protection Provided by Mass©EP: Bureau of Resource Protection - Wetlands 242--1779 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L) i �e©EP Transaction# North Andover CitylTawn A. General Information Please note: North Andover this Form has 1. From: — been modified Conservation Commission with added 2 This issuance is for space to (check one): a.®Order of Conditions b.❑Amended Order of Conditions accommodate the Registry of Deeds 3. To: Applicant: Requirements Jeffrey Denoncour a.First Name b. Last Name Important: The Trustees of Reservations When filling -. -. . € out forms on c.Organization the 290 Argilla Road _. computer,use only the d Mailing Address _ tab key to Ipswich MA 01938 g State move your e.City/Town f. Zip Code cursor-do not use the q, property Owner (if different from applicant): return key. is r a.First Name b.Last Dame r c.Organization _ ' d.Mailing Address _ m e.CitylTown f.State g.Zip Code 5. Prefect Location: 0 Stevens Street Weir Hill)_ North Andover a.Street Address b.Cityrrown Map 36 _Lot 8 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d69m0128s -7Id10m2739s _... d.Latitude e.Longitude wpaform5.doc- rev.6/1 612 0 1 6 Page 1 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1779 _ WPA Form 5 — Order of Conditions MassDEPFife# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# _ North Andover City/Town A. General Information (coat.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Northern Essex a.County b.Certificate Number(if registered land) 1122 57 c.Book d. Page January 23, 2020 _ February_5, 2020 _ _Fe b lqqr 25, 2020 7. Dates: a. Date Notice of intent Filed b.Dale Public Hearing Closed a Date of issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references 'E as needed): € Pro ecJ t Descri tp ion Barrens Habitat Mana ement Project Weir Hill in North Andover, MA a.Plan Title Jeffrey penoncour-TTOR ------ i. b. Prepared By� c.Signed and Stamped by j' Sta�eceived January23, 2020 —. d.Final Revision Date e.Scale See Attached Complete List of Approved Plans & Documents g pate f.Additional Plan or Document Title 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 at the Wetlands Protection Act(the Act). Check all that apply: c. ® Prevention of a. ® Public Water Supply b. ❑ Land Containing Shellfish Pollution f. ® Protection of d. ® Private Water Supply e. ® Fisheries 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 fallowing 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. Page 2 of 12 wpaforrnEdoc• rev.611 612 0 1 5 4 Massachusetts Department of Environmental Protection provided by MassDFP: Bureau of Resource Protection - Wetlands 242-1779 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactian# Ll North Andover CitylTown B. Findings (cant.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.03(6)(c). 3. ® Buffer Zone Impacts: Shortest distance between limit of project <25' trail disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) edge Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b. linear feet c.linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Linder _ — Waterbodies and a.square feet b.square feet C.square feet d.square feet Waterways e.cly dredged f.cly dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage �.cubic feet f.cubic feet g.cubic feet tt,cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b,square feet Cubic Feet Flood Storage c.cubic feet d.cubic#eet e.cubic feet f.cubic feet s. ❑ Riverfront Area _— b.total sq feet a +n+al en foal Sq ft within 100 ft f.square feet r ennara fPd d.square feet P enFFara faPt Sq ft between 100- 200 ft h.square feet i enirarfl foal 1•square feet n cnn�ra faok Page 3 of 12 wVaform5.duc• rev.611612015 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1779 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover Cityfrown — B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the �. Ocean a.square feet b.square feet c.cly dredged d.cty dredged Indicate size under Coastal Beaches and/or Coastal Dunes 12. ❑ Barrier Beaches below _ cu yd 13. ❑ Coastal Beaches a.square feet b.square feet c.nourishment d.nourishment cu yd J cu yd 14. ❑ Coastal Dunes a.square feet b.square feet c.nourishment d. nourishment is ,'. 15. ❑ Coastal Banks a.linear feet b.rinearfeet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a,square feet b.square feet c.square feet d,square feet M ❑ Land Under Salt Ponds a.square feet b.square feet c.efy dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d,square feet 2o. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to _...— Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area b.total sq feet a M1a1 cn faQt Sq ft within 100 ft square feet f.d.sq square feet r eni3arc ioQ4 a enE�arc fowl Sq ft between 100- 200 ft —� h.square feet faa+ �•square— uare feet n crrnara{PGF q i eni Tara Page 4 of 12 wpaform5.doc• rev.6116/2015 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 [L WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eD-E Transaction# North Andover 6tylTown B. Findings (cunt.) *#21 If the 23. ❑ Restoration/Enhancement*: project is for the purpose of ._ restoring or a.square feet of BV1N b.square feet of salt marsh enhancing a wetland 24 Stream Crossing(s): resource area in addition to footage that a. number of new stream crossi _ the square b. number of replacement stream crossings f ngs has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c !' (BVW)or The following conditions are only applicable to Approvers projects. B.17.c(salt Marsh)above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 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 ing authority at least 30 days prior to the expiration years each upon application to the issu 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 CMR 10.05(11)(f). 6. if this Order constitutes an Aheeissua0 e date Conditions, f th ltoriginal this Final Order of Order Conditions and Conditions does not extend t 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. Page 5 of 12 wpaform5.doc• rev.W1612015 4 Massachusetts Department of Environmental Protection Provided MassDEP: Bureau of Resource Protection - Wetlands MassDEP assBEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 eQP Transaction North Andover Cityfrown C. General Conditions Under Massachusetts Wetlands Protection Act 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 i€ also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the ( Conservation Commission on the form at the end of this Order, which form must be j 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 242-1779 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission, 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#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. Page 6 of 12 wpatorm5.doc• rev.61161 M 4 Provided by MassDEP: Massachusetts Department of Environmental Protection 242 1779 _ Bureau of Resource Protection -Wetlands MassDEP Foe# WPA Form 5 -- Order of Conditions §40 - Massachusetts Wetlands ProtectioneDEp Transaction# North Andover Ll Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) 17. Prior to the start of work, and if the project involveadjacent d acn to a Bordering work area shall be s Wetland, the boundary of the wetland in the vicinity of the proposed 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, I. 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 shadiments o his/her designee deposited in a wetland or water body. During construction, the applicant aily basis and shall remove accumulated sediments shall inspect the erosion controls on a d as needed. The applicant shall immediately control any erosion problems that occur at the e Conservation Commission, which reserves the site and steall also immediately notify th right to require additional erosion and/or damage shall serve as prs it may deem evention limit i of work ulnless another limit of necessary. Sedimentation barriers work line has been approved by this Order. 19. The work associated with this Order (the "Project") ts Stormwater Standards (1) ❑ is subject to the to the M huset usett Stormwater Standards (2) ® is NOT subject If the wank 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 ired by Stormwater Condition 8. Construction period Construction General Permit as requ erasion, 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 w Il be removed by a date certain i. all construction period BMPs have been removedo 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; Page 7 of 12 %vpaferm5.doc• rev.611872Q15 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands z�z-1 tNaSsDEP Fife# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L eP Transaction# North Andover Cityl7own 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 BMPs 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 i 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 I an Operation and Maintenance Compliance Statement ("O&M Statement)for the I Stormwater BMPs identifying the party responsible for implementing the stormwater BMP I, 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 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, Page 6 or 12 vrpalorm5.dac• rev.611612..015 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242--1779 -- MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover cityffown C. General Conditions Under Massachusetts Wetlands Protection Act (cant.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission (,,Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance E with the requirements for each BMP established in the O&M Plan approved by the issuing authority. 1, 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. management i} illicit discharges to the stormwater system as defined in 31Q CMR 1Q.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, Law Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. MPs shall not be withheld. 1) Access for maintenance, repair,stormwater Any fencing constructed around nkerd/orrBMPs halltincof lude 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 monitoring plan and the restoration plan submitted with the Notice of Intent. if the conservation commission or Department determines that the Test Project threatens the nt, the applicant shall implement the removal plan public health, safety or the environme submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. Paga 9 of 12 wpeform5.doc• rev.611612015 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1779 lVlassD P File#� WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40ILI, eDr'Tansaction# North Andover City/Town � � D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover _ hereby finds (check one that applies): Conservation commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1 Municipal ordinance or Bylaw —� ~— 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. I b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Chat 130 North Andover Wetlands Protection Bylaw& Re ulal ns p 1.Municipal Ordinance or Bylaw et. S�- 1 s. 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 attaches Page 10 of 12 wpaform5.doc• rev.6I1612015 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1179 ILI W — PA, Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -e-6-&—fr-aniaci7lon-V— North Andover E. Signatures diby—TFOW-n—---- I ___oz— Important:When This order is valid for three years, unless otherwise specified as special filling out forms condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance on the computer, use only the tab Please indicate the number of members who will sign this form. — key to move your This Order must be signed by a majority of the Conservation Commission. 2. NuASigners cursor-do not use the return The Order must be mailed by certified mail (return receipt requested) or hand delivered to key. the applicant. A copy must be mailed, hand delivered or filed electronically at the same time with the appropriate MassDEP egional office. Signatures: ,0 by certified mail, return receipt F] by hand delivery on requested, on 6—ate Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate 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 Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c, 131,, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. PogaLl 01� wpa5sigs.doe rev,02125f201 0 4 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection Wetlands 242-1779 -- MassDEP File#� WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eriEP�ansaction# North Andover CitylFown —~— 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 i' 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: 0 Stevens Street Weir Hill 242-1779 _ -- � —�~ MassDEP File Number Project Location Has been recorded at the Registry of Deeds of: Northern Essex ..� hook Page County The Trustees of Reservations _ �_ ----- for: Property Owner and has been noted in the chain of title of the affected property in: 1122 57 Book Page In accordance with the Order of Conditions issued on: 02-25-20 _ Date ~�J If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 12 or 12 wpaform5.doc• rev.61161201.5 0 Stevens Street-Weir Hill-Tlie Trustees of Reservations (TTOR) - DEP FILE # 242 - 1779 Findings: e Weir Hill Permit/Correspondence History: 0 2009 --TTOR report to Board of Selectmen (BOS) RE: prescribed fire management undertaken during April, May and November of 2008 utilizing State grant money. This program aimed to restore barrens habitat,reduce fuel loads on the forest floor and provide NAFD wildfire response training o 2010 -TTOR report to BOS RE: prescribed fire management undertaken during 2009 0 2014 -Forest Cutting Plan to manage for barrens habitat management involving 14 acres of canopy thinning and clearing on southwest slope of Weir Hill o May 2014 --Friendly EO to Eagle Scout to construct a boardwalk over intermittent stream along Edgewood Farm Trail o May 2014 --Friendly EO to TTOR to construct a boardwalk along Cochichewick € Trail and perform shoreline erosion repairs ccznsistizlg of split rail fencixlgs, plantings, boulders and granite steps o July 2016 -Friendly EO to TTOR to perform shoreline erosion repairs at Stump 1' Beach and Pebble Beach, consisting of split rail fencing, plantings, small stone walls and signage Therefore, the North An Conservation Conxxnission (hereafter the "NAonazhceeby finds that the following conditions are necessary, in accordance with the Pexf Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those t all work shall be performed in accordance with interests noted above. The NACC orders tha said conditions and with the Notice of Intent/approved plans referenced below. To the extent that the followingconditions modify or differ from the fans s ecifications or other proposals submitted with the Notice of latent the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: The Trustees of Reservations proposes to perform activities for rare barrens and savannah habitat restoration, management and maintenance,that include heavy mowing, prescribed fire, invasive species management and canopy thitming at its Weir Hill property (Map 36 Lot 8). A portion of Weir Hill contains approximately 80 acres of fire-influenced l ed tlape, 50 acres of which have undergone management, and continues to be g gh these methods. Portions of the remaining 30 acres require management to achieve h; t11e habitat restoration success. This Order governs a suite of these act 100-Foot Buffer Zone that include heavy mowing of woody vegetation ur derxbed fire a Forest and invasive species management. Canopy thinning will be performer Cutting Plan(Plan#210-23696-20) as reviewed and approved by DCR, NHESP and MassDFW. Prescribed fire will be conducted in portions of the 25' NDZ,but 4 Stc�co s Sweet -Weir lii11— 13�e"Tnistecs of Rcsen ations DEP Fsic Q42-1779 Special Condititws AliACC Finding~�� Page i or 12 0 Stevens Street-Weir Hill-The Trustees of Reservations (TTOR) - DE FILE 9 242 - 1779 contained to the upland side of Lake Chochichewick shoreline trails. Heavy mowing and invasive species management will be conducted between 50 and 100 feet from the shoreline. This site lies within the Lake Cochichewick Watershed Protection Zoning District and associated regulated zones. The applicant received a 2-Yeas'Waiver from the Plant-ling Board relieving the applicant from filing a formal Watershed Special Permit application with a condition that requires notification to the Board and abutters prior to site activities. 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 and associated attaclrrnents, dated January 23, 2019,filed by: o The Trustees of Reservations c/o Jeff Denoncour,Ecologist 290 Argilla Road Ipswich, MA 01938 fRecord Site Plans &Documents: o Project Description,with associated Figures,included in tl�e NOT o Prescribed Burn Plan- Administrative Units Weir Hill- dated May 23, 2019 o hnportant Prescribed Fire Facts &Background Information-TTOR Memo hotos, included in the NOT o Appendix"A": P a Technical Paper from BioOne Complete"Prescribed Fire Effects on Water Quality and Freshwater Ecosystems in Moist-Temperate Eastern N. America- dated March 11,2019 m TTOR Weir Hill Man o Excerpt fro agement Plan,2006-Fire s Long History and Influence at Weir Hill o Figures 1 &2 -Fire Response Frequency at Weir Hill 1963-1983 o Division of Fisheries &Wildlife Letter review of Forest Cutting Plan- Dated February 12,2020 o Forest Cutting Plan-Dated January 26, 2020 o Division of Fisheries &Wildlife Letter review of prescribed fire -Dated February 12,2010 o Memo to TTOR from Tim Simmons Stewardsl-ip and Cortiservation Ecology -RE: TTOR's Weir Hill Habitat Management &Water Supply - Dated January 21,2020 22. The terns"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 I otified 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. 0 Step en,Street—GVcir I lill— I he Trustees ot'Retier�'.ltinns l]G€'Filc Q42-1779 \'ACC Findines& Special C'onditinns Paste 2 of 12 0 Stevens Sheet—Weir Hill—The Trustees of Reservations (TTOR) - DEP FILE # 242 - 1779 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 covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable tiYnes until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or E he NACC for that evaluation. Further, work shall information deemed necessary by t be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. Considering that habitat maagement activities can be impacted or hampered by n various factors, including yearly weather conditions, the initial restoration/management work authorized hereunder shall be connpleted within five 5 ears from the date of this Order. The Order shall not be eligible for an extension after the five years. At the end of the five years, the applicant shall submit a request for a Certificate of Compliance (CofC) accompanied by a full report o restoration and n en. Upon receipt of the request for CofC, the management efforts undertak Conservation Commission will consider assigning on-going conditions attached to the CofC that would allow for specific management activities to continue for a timeframe to be determined and conditioned as deemed practical and appropriate. 28. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 29. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Carrunission shall be a party to all agency proceedings and hearings before the Department. 1)Stove as Sirco—Weir hill—'I lie'I ruslccs o!Itc.servatioas DIT Hic I1242-1779 NACC Findings L Spcci<il Conditiu�s Paac.3 of 12 0 Stevens Sti-eet—Weir Hill—The Trustees of Reservations (TTOR) - DEP FILE, # 242 - 1779 30. (LIMITED PROJECT:] Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 31. The following wetland resource areas are affected by the proposed work: 100-Foot Buffer Zone to inland bank and fringe bordering vegetated wetland associated with Lake Cochichewick. Further, the site is located within NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife. 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. 32. Conservation Department staff performed a site inspection in the presence of the project representative, on January 23, 2020 at which time ground conditions were free of snow cover and conducive to observing ground characteristics. The NACC agrees with the applicant's delineation of the wetland resource areas as depicted on the approved plans and as observed by Conservation Department staff during said site inspection. 1. 33. The NACC finds that the intensive use of the upland areas and buffer zone . ropose on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetlaz-id resource areas a twentyfive foot 25 No- Disturbance Zone and a fift foot 50' No-Construction Zone shall be established from tlne edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have tlne 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 Section3.4 F�Appelzdix F of floe local Regi.ilations). 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede azny conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title agree that tlne Order does not in he Town itself impose upon t 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 harp-d 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 f3 Sicvens SSl'CCI—1i'eir I Sill—'I h�'I ruste4s of R�scn<ilions I)C?P bile Q ?-1779 NACC Fil%din-as SP"i[Il Cozs[liri)"s Pare 4 of 12 0 Stevens Street—Weir Hill—The Trustees of Reservations (TTOR) - DEP FILE 4 242 - 1.779 damage or any other form of water damage. Maintenance of the drainage system, if accepted by the Town as part of a public way,becomes the responsibility of the Town. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. 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. 38. This Order shall be recorded, in its entirety,by the applicant at the Registry of Deeds imi-nediately after the expiration of all appeal periods. No work shall be undertaken recorded in th e Reg istry of De eds or the Land Court for � until the Final Order has been recoz g Y 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 he name of the owner of the land upon which the Registry's Grantor Index under t 1. 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 cazrlrne ices may be recorded by the NACC at the applicant's expense. 39. A sign, visible from the entrance of the site where project equipment will access from a public way, 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- 1779.,, 40. No changes to the approved plan sl-all be implemented in the field until written approval has been granted by the NACC. Any changes in the submitted plans caused by tide 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 an or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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 0 Stevens Street—Weir 1-1i11—"1 he"1 ruwcs of Reservalinin DET Pile d -12-1779 NACC I L Sh�cial Contlitians Page 5 uC 12 0 Stevelis Street—Weir Hill—The Trustees of Reservations (TTOR) - DEP FILE #242 - 1779 contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. 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. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. 43. Erosion or sedimentation of soils is not anticipated from performing the management activities and therefore erosion control devices are not specifically called out on the approved plans. Notwithstanding, the NACC reserves the right to impose requirements on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required € in areas not shown on the plan(s) referenced in this Order of Conditions. All additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent E and shall be installed within 48 hours of the Cornmission's request. E 44. At the start of management activities, the applicant shall have on site 75 feet of silt sock and sufficient stakes for stakin covered fraln the elements and shall be used only f or the control of emergency erosion prob lems. 45. As proposed, the limit of work is the upland side of tlne lakeshore trail. All project personnel shall be informed that no use of machinery, storage of machinery or materials, stockpiling of materials, or construction activity is to occur beyond the limit of work at any time (i.e. the lake-side of the trails). he Town of North Andover shall be provided in the amount of 46. A check payable to t one thousand dollars ($1,000) which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said he completion o£ all conditions hereof, shall deposit of money shall be conditioned on t 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 he project for t1 of specific portions of t �e NACC's review and approval. This condition is issued under the authority of the local Bylaw. 47. The applicant shall designate a Wetland Scientist (or other environmental professioxnal as approved by the NACC or its agent) as an"Erosion Control Monitor" to perform 0 Steteiu Street 1\'sir Hill—The"I I mtccs at Reservalions DI-P Pilc P242-1 779 NACC Pinclings 4ti S�icci�tl Con[lilihns Pnee G A'I2 0 Stevells Street—Weir Hill—The Trustees of Reservations (TTOR) - DE FILE 4 242 - 1779 regular inspections of project activities to ensure compliance with the Order and monitor signs of erosion or oversee any emergency placement and maintenance of erosion controls. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24- hour period, including weekends. This person shall be given the authority to stop activities for the purposes of correcting problems with erosion control. 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. 'E 48. At least once during each week in which management activities occur on-site E 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 rx>ust visually inspect all sedimentation/erosion control measures, if required, 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 sails remain stable, and erosion controls, if required, are adequate and secure. 49. Prior to construction,the applicant shall permanently mark the No Disturb Zone associated with the lake shore with wetland markers to be placed at 50-foot intervals "Protected Wetland on existing mature trees/vegetation bearing the following text: Resource Area". This will designate the wetland resource sensitivity and assure no further inadvertent encroachment into the wetland. Prior to installation in the field, the placement of these permanent markers shall be subject to review and approval by the Conservation Administrator. 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 retnairz posted and be replaced as necessary in perpetuity. Said markers are available for purchase in the Conservation Department at Town Hall. 50. Prior to any work commencing on-site, the applicant shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 0 stevens sireet—Weir Mill—1 ilc Trustees oNe ervaliolis DF11 Pile 4242-1779 NACU Hlh i,]U; SpCcial Condit' Paine 7 of 12 0 Stevens Street—Weir Hill—The Trustees of Reservations (TTOR) - DEP TILE # 242 - 1779 51. At least a 10 calendar days prior to work con-a encing, the applicant shall notify abutters (i.e. those listed on the NOI abutters list), via first class mail, explaining anticipated activities to be undertaken during the ensuing 12 months, such that annual abutter notification is accomplished for the life of this Order. The applicant shall notify the Conservation Department and Plazuring Department by telephone or email at least 72 hours prior to conducting activities, to staff keep informed and allow scheduling a site inspection if needed after the initial pre-construction meeting as described below. This condition shall not take the place of other authorities' requirements for notification,but shall be in addition to any other requirements. 52. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. is z2er of that portion of land upon which these Orders 53. The applicant and/or the legal ow is 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. 54. Once these above mentioned pre-conshuction 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.re resentative the contractor, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, suUconhactors and other persozU-iel 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 of the identity of the on-site construction supervisor hired notify the NACC in writing to coordinate construction and to ensure com n pliance with this Order. A reasoable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). 0 Stevens Street—Weir I gill—"I he l romces of Reservations tAT Pile 4242-1779 NACC l�innings&Spcciol Conditions 1'aac of 12 o Stevens Street-Weir Hill-The Trustees of Reservations (TTOR) - DEP FILE #242 - 1779 STORMWATER MANAGEMENT CONDITIONS 55. 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. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION i 57. Upon beginning work, the applicant shall submit written progress reports every i month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence and can be a part of the weekly erosion control reports. 58. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber,bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Apy fill imported to the site must be accompanied by a certificate of origin or an anal Tsis certif in cleanliness - whichever is most applicable as determined b the Conservation Commission or its staff. 59. No fuel storage or equipment z°e-fueling shall talcs place on site during construction. 60. 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, loarned and seeded prior to November 15t of each year. Outside of the growing season {November 15th on), 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. 61. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation 0 Sluews St reel—Weir Hill— l he"I nutees of Rcser�ations DLP File#2 42-1779 CC Finding &SE�e 6;11 C011ditions Puce 9 of 12 0 Stevens Street—Weir Hill—The Trustees of Reservations (TTOR) - DEP FILE 4 242 - 1779 staff for as long as the site rernains exposed and un-stabilized. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily. 62. The construction access for the project shall be swept daily to remove sediment deposited by construction vehicles accessing the site and avoid tracking on to public right of way. 63. A materials stockpiling area is proposed outside the 100-Foot Buffer Zone. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the limit of work or erosion controls if required. 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. APT ER CONSTRUCTION E l j 65. No underground storage of fuel oils shall Ue allowed on any lot within one-hundre (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 tl-e Towns Wetland protection Bylaw. -id lawn care shall be organic, slow release,low- 66. Fertilizers utilized for landscaping anitrogen 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 ndition is issued under the authority of the Towns Wetland property. This co Protection Bylaw and shall remain in perpetuity. 67. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 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 -ice full vegetative cover has been achieved. complete o 0 Stevens Street--Weir i fill—'1 he"I rusteo of Resavations 131-T File 4242-1779 NIAC'C Finciia}es��S;�ecial Cuncli[icros Page 10 of 12 0 Stevens Street-Weir Hill--The Trustees of Reservations (TTOR) - DEP FILE # 242 - 1779 70. The use of coal tar-based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 71. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 72. 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 narne and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's neap/parcel number for the project. g. The DEP file number. h. A written report, prepared by a qualified professional intimately familiar with the g project scope of activities and objectives, shall be submitted detailing management activities undertaken during the life of the Order and resulting site conditions. 87. The following special conditions shall survive the issuance of a Certificate of j Compliance (COC) for this project: ➢ 25' Na-Disturbance Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas 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; ➢ On-going management activities as allowed by the Com>nissian (per Special Condition#27); ➢ Resource Area Markers (Condition #49); ➢ Discharge or spillage of pollutants (Condition #64); ➢ Prohibition of underground fuels (Condition #65); ➢ Limitations on the use of fertilizers,herbicides, pesticides and road salts/de- icing (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 (Condition #68); ➢ Prohibition of the use of coal tar based products for paving (Condition #70). D srevcns strccl—Weir 1[ill—Tlie]1'uslc�s of Re��rvataons DL P file ff2d2-1779 NACC Findings SlWial Conditions Pane 1 1 of 12 0 Stevens Street—Weir Hill---The Trustees of Reservations (TTOR) - DEP FILE #242 - 1779 APPENDIX A- AFFIDAVIT t on oath do Thereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of. (position.with applicant) (applicant name or company name) the applicant upon whom Order of Conditions_ have been placed upon by (DEP orNACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions— —.— have been placed up by (DEP or NACC number) € the North Andover Conservation Commission. & i 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 clay 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 thereby 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 Tile #) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) l ire l2 ed—Weir Hill- The"i ' sle S3ccal C'onditioiis l Stcvc}s S � CC Pay=e 12 of 12