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Home My WebLink About- Permits #242-1825 - 1 ROYAL CREST DRIVE 10/12/2021 4 Massachusetts Department of Environmental Protection Provided byxassDEP: Bureau Of Resource Protection - Wetlands 242-1825 ile �� v� � �� rU~�^ ---- —' mmn x� Form � —~ v�" �� u `��*U^��K�� Massachusetts Wetlands Protection Act K8.8.Lu. 131. 040 °oepTmn�m# North Andover A~ General Information Please note: North Andover this form has t Fnom. -------------- beenmvmnw Conservation Commission with added 2 �hi� �uuanoei� for uwmwm � o �� C>nd�rofConditiona b FAendad [)vderof(�ondiUons accommodate (check one): �� lnn the Registry of Deeds 3. To: Applicant: Requirements -- Important: a. First Name b.Last Name When filling A|MCO North Andover, LLC out forms mn o.oqganizoovn tbn 13155 Noel Road, Suite 1O0LB235 computer, — uaeoo|y(he Mailing Address tab key to Ds8|mo TX 75240 move your o.cuyxowo [State 0.Zip Code oursnr-o* not use the 4. Property Owner/ifdi#er�nt�omapp||manU: return key. ` ' VQ a. First b.Last Name anization s. Project L000Uon: 1 @28 Royal Crest Drive North Andover Map 25 Lots 35 & 88 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, ifknown: 42d87nn2730s 71d11m1940e d. Latitude e.Longitude "p"mrmo*m'"woxmomv Page/w/^ � 4 Massachusetts Department mf Environmental Protection Provided hyMamonsp: 242'1825 Bureau Of Resource Protection - \�et|8DdB �� K� �� Order � Conditions �� L ��n x� Form � �~ v�� n ~�K��U�8ons � Massachusetts Wetlands Protection Act W1.G.Lc. 131, G4O oospnanuamiom# | " North Andover A. General Information (cont.) x. 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) 07042 122 c.Book d. Page August 26 2021 September 29 2021 October 12 2021 7. Dates: a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance 0. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Notice Vf|n�� R | �m� North And �A G Sheets Tilt. Williams & S Snaracies c.Signed and Stamped by August25, 2021 111=20' d.Final 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 AoU. Check all that apply: a �~� PuWio��rGo�'� b ^~� �� Qm�|ni� �ha/N�h u �� Prevention of Pollution d �� P��8up�ye� � Fisheries � �� Protection of � ~~ ' Wildlife Habitat V. E Groundwater Supply h. Storm Damage Prevention i. M Flood Control J. This Commission hereby finds the project, anpnoposed. ia: (oheckonoofthefn||nvvn8bcxx*e) Approved subject to: o. E 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. � 4 i Massachusetts Department mf Environmental Protection Provided»vmumeuep: � 242-1825 ��U[eGUOfF/8S0U[C8 ��[Ot8CfiOD - V�ef[GOdQ K��J� k� �� Order � �� v�~�~ ��— D— ' ' �n" r� Form ~� -- �� n ��K��^uUuUK�K�� Massachusetts Wetlands Protection Act PN.G.L. o. 131. §40 eoep Transaction# North Andover B. Findings (cont.) Denied because: b. [7 the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefox*, 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. [l 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 hoprotect the Aot's interests, and g final Order of Conditions in issued. /\ description of the specific information which is lacking and why it is necessary is attached to this Order as per31O CK8R 10.05(6)(c). x. 0 Buffer Zone Impacts: Shortest distance between limit ofproject <25' disturbance and the wetland resource area specified in 310 CMR 10.02(l)(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 Rap|ooannant 4 Bank� ��l a. linear fee[-- b. linear feet-- c-linear feet �- ujinear feet - 5. || Bordering Vegetated Wetland ^.square feet b.square feet u.square feet d.square feet 6. 171 Land Under Waterbodieeand v.square feet b.square feet c.square feet d.square feet Waterways r. [l Bordering Land Subject h/ Flooding «.square feet b.square feet n.square feet d.square feet Cubic Feet Flood Storage v��et _ f.cubic feet_- g.cubic feet h.cubic feet �� & [7 Isolated Land Subject to Flooding u.square feet square feet Cubic Feet Flood Storage c.cubic feet-- d.cubic feet — e-cubic feet ��- r.c^x��feet .... ...... V. El Rh/arhnntAraa a.total sq.feet b.total sq.feet Sqhwithin 1008c.square feet d.square feet e,square feet f.square feet � Sqft between 100- 2DO0 g.mqu are feet h.aquomfeot i square feet /.square feet °*"form5,u""^rev 511mz02o Page oo/1n 4 Massachusetts Department of Environmental Protection Provided byMm »mEp: 242'182S Bureau Of Resource Protection - Wetlands ��J� �� Order � Conditions �� x ^� Form � — ~�� u ��U�Kons Massachusetts Wetlands Protection Act M.G.Lc. 131, 840 eoep Transaction w North Andover B~ Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10 Designated � ^[l� Indicate size underLandUnd�rtheOnomn below Areas ' it. Fl Land Under the Ocean n.square feet square feet l2 Indicate size under Coastal Beaches and/or Coastal Dunes � �[l� Barrier Beaches below d yd 13. [l Coastal Beaches oo :o a.square feet b.square feet c.nourishment —nou cisbmerif' 14. [l Coastal Dunes cuyd cv yd a.square feet b.square feet c.nourishment d,n ouristi m e n t- 15 (�oom�a| Bonko� [�� -�_fm'earle'et-- u linear feet �- i6, El Rocky Intertidal Shores a square feet h.square feet 17. [l Salt Marshes a.square feet b.square feet c.square feet d.square feet 18, F] Land Under Salt Ponds u.square feet square feet 19. 171 Land Containing Shellfish m.square feet b.square feet o.square feet d.square feet 20. [l Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under VVa0srbodiesand Waterways, above a.c/y dredged b.c/y dredged 21. [] Land Subject to Coastal Storm o.square feet b.square feet F|ovm*Qe 22. [l RiverhnntArea a.total sq.feet b.total sq.feet Sq8 within i0Oft c.square feet d.square feet e.square feet f.square feet Sqft between 10O' 200 ft g.square feet h.square feet i.square feet ].square feet °pam�z*='rev mmw202o Page xmm | 4 Massachusetts Department of Environmental Protection Provided»ymaomoEp: Bureau Of Resource Protection - Wetlands242 -1825 �� Order � Conditions ��s DE� ' ' ��u �� Form ~, -~ �� : ��U�x�� Massachusetts Wetlands Protection Act K0.G.L. c. 131. §40 oocp Transaction�t NorthAndover B. Findings (cont.) ^#23. |/the 23 [| R��banaUon/EnM�o�ern��t^ Pm1eotinfor � �~ . the purpose of restoring or enhancing ~.square feet~~^~` b.square feet~'salt marsh wetland resource area 24, [1 SXreumCrooa|ng(u): m addition|o the square ---------- footage'hot ,,number m new stream crossings o. number m replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Som|nnB.o.o VBVVV or The following conditions nnmmn|ym��|ic�b|mboApproved projects. ' Marsh)above, 1� Failure tocomp|y with aUoondiUonostated henoinand with aUrelated statutes and other pleaseenter ' additionalthe regulatory measures, shall be deemed cause to revoke mmodify this Order. amount here. 2� The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury hnprivabaprnpadxorinvosinnofprivaharighta. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, stota, or local statWtes, 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: e. 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 eom special condition in this Order. C� |f the work is for a Test Project, thioOrdernfConditinnsshaUbeva||dfornonnorethan one year. S. 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 maybeextemdod8orone additional year only upon written application by the applicant, subject to the provisions of 310 CW1R 18.05(11)/0. � 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 nhmUbec|ean0iAnyfU| nhaUcontainnotnssh, refuoe, nubbish, or debris, including but not limited to lumber, bhoka, p|osba[ wine, lath, popar, oordbnand, pipe, tinas, aahua, refrigeodnra, motor vehicles, or poda of any of the foregoing. � ~raformo.doc'rev snvaom Page nmm � 4 Massachusetts Department of Environmental Protection Provided bYMauoosp: Bureau 0[ Resource Protection - Wetlands 242'1825 �� 0� �� Order � Conditions ' ' ��o ^� Form � �~ "�� w =~��U�D�� Massachusetts Wetlands Protection Act W1.G.L. o. 131. G4O amEP Transaction# North Andover 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. 8. 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 in 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 atthe end of this Order, which form must be stamped by the Registry of Deeds' prior to the commencement of work. 10, A sign shall be displayed at the site not less then two square feet or rnore than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP] "File Number 242-1825 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 N1aoeDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA 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 ofa new Notice ofIntent. 15. The Agent nr members of the Conservation Commission and the Department mf Environmental Protection shall have the right to enter and inspect the area subject tothis 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 Vr Department for that evaluation. 18. 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 orother person performing work conditioned hy this Order. *mu'ms.d*'rev mmomu Page nm1a 4 Massachusetts Department uf Environmental Protection Provided twMa»«oep: Bureau Uf Resource Protection - Wetlands 242-1825 �� @� ��^� � Conditions '---- —' mmn ^� Form � �� "�n ~�� " `��mU�U�� Massachusetts Wetlands Protection Act W1.G.Lc. 131` G4O euEpTmnxoction# North Andover Ayffown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17� Prior ho the start nf work, and if the project iovo|vnevvorkadaoenttoaBorderingVugmtatmd Wetland, the boundary of the wetland |n the vicinity of the proposed work area shall ba marked by wooden shakes or flagging. {}noa in place, the wetland boundary markers ohoU be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall bemaintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. Adnotime shall sediments be deposited in aweUand or water body, During construction, the applicant nr 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 etthe 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 nmmsmomry. 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> is subject h)the Massachusetts S0nrnnvvatarStandards (2) io NOT subject to the Massachusetts StVrmwaterStandards |f the work is Subject to thm8tornmvvater Standards, then the project im subject tothe following conditions: a) All work, including site preparation, land diaturbanoo, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormvvuhsr Pollution Prevention Plan required bv the National Pollution Discharge Elimination System Construction General Permit aa required byStormvvahar Condition 8. Construction period erosion, sedimentation and Pollution control measures and best management practices (BW1Po) 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 aReQisb*red Professional Engineer provides a Certification that: � i all construction period BN1Ps have been removed orwill be removed bya date certain specified in the Certification. For any construction period BK8Po intended tohoconverted to post construction operation for stormvvaturattenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the B[WP has been properly cleaned or pnapomad for post construction operot|on, including removal of all construction period sediment trapped in inlet and outlet control structures; fi. as-built final construction BK8P plans are included, signed and stamped by a Registered Professional Engineer, certifying the site ia fully stabilized; 6ii. any illicit discharges to the stormvvater management system have been removed, asper the requirements ofShormvvah*rStandard 10; | / `Miwnna**'rev un"/2mn Page rm1^ � 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau Of Resource Protection - Wetlands 242-1825 �� Order � Conditions �� ' swn �� Form ~� �� ~�� n ��"��Uons Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 eoEpTrunuact/an# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont) iv. all post-construction nhzrmvveterBNlPoare installed |n 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. o> 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 y'O&W4 Statement) for the Shormwahar BKAPs identifying the party responsible for implementing theutormvvuher BKAP Operation and Maintenance Plan ("O&M Plan") and certifying the following: L\ the O&M Plan is complete and will be implemented upon receipt ofthe 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 8tnnnvvahar 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 BN1P. Tn 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 tn that BK4P. Any failure ofthe 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, |n the case ofstornn*veher8KUPo that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the atormwoter B[NPa. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must bm submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all mtormvvaterBK4Po in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts ShornnvvaterHandbouk. °peformv.x.='rev m`vo02o Page our10 4 Massachusetts Department of Environmental Protection Provided uymoxvoep 242-1825 Bureau Of Resource Protection - Wetlands &��J� 0� �� Order � Conditions ---- —ile' m�v x� Form � — .�� u "��D��U�Uons Massachusetts Wetlands Protection Act K8.G.Lc. 131. G40 oosp Transaction# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: i. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the etonnvvabarmaneqoment system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal |ooaUon>| 2. Make the maintenance log available toK8assDEP and the Conservation Commission ("Connmisnion") upon request; and 3. Allow members and agents of the W1ameDEP and the Commission b) 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, shaba. and local |avvu and regulations. i\ Illicit discharges to the stormwater management system as defined in 310 CIVIR 1 U4 are prohibited. U 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, Volurne 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. |) Access for maintenance, ropa|r, and/or nap|aoennentofBK8Pe shall not hewithheld. 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(l 1), the applicant shall also implement the monitoring plan and the neatunsUon plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatenotha public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project emdinecbadbytheoonsorvation commission or the Department, "p°mrmxdoc`rev uomumo Page eofm � 4 Massachusetts Department of Environmental Protection Provided»YMe^»oEp 2421825 [�UPe@UOf ��esOUrCe Protection - \�/etlaDds ' �� Order � Conditions _ _ ' wwn ^� Form � �- ,�� n `��u�ons Massachusetts Wetlands Protection Act M.G.L. c. 181. G40 nV�PTmnunuivn# North Andover D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is o municipal wetlands bylaw Vrordinance applicable? M Yes [-] No 1 The North Andover hereby finds (check one that applies): Con"s-erva'ti on Commission m� El that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance orbylaw, specifically: 1. unioipo|Ordinance orBylaw 2jCitation--- Therefore, work on this project may not goforward unless and until o revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and o fine/ Order nfConditions is issued. h, M that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North Andover Wetlands Protection Bylaw& Regulations OhapL 100 1. Municipal Ordinance orBylaw ocmeq. 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 nr differ from the p|ane, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance u/bylaw are ms follows (if you need more space for additional conditions, attach o text dnounnent): North A d Conservation Commission Findings & Special Conditions vn"m"y6u='rev moomn Page mof 13 � � | 4 Massachusetts Department of Environmental Protection Provided by Mass EP: Bureau Of Resource Protection - Wetlands WPA Form 5 — Order of Conditions '=="°`' "=° Massachusetts Wetlands Protection Act M.G.Lc. 131' O4O E. Signatures _3/This Order iw valid for three years, unless otherwise specified amaspecial condition pursuant ho General Conditions#4.from the date ofissuance. 1. Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed byo majority of the Conservation Commission. 2.Nu ern[Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Si C�!Vil-------------- -------.......... 1771 by hand delivery certified mail, return receipt -- xnequenbad on 7 17 7,1- 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 ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate PWaasDEP Regional Office to issue o Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the DepartOlgnt, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, an provided in31OCK8R 1O.O3(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 tm appeal the Department's Superseding Order associated with this appeal will ba required ho demonstrate prior participation in the review of this project. Prov|oue participation in the permit proceeding means the submission of written inhnrOnmtinO to the Conservation Commission prior to the doma of the public homdng, 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(K4.G.Lo. 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 bv/avv, and not on the Massachusetts Wetlands Protection Act orregulations, the Department has no appellate jurisdiction. 4 Massachusetts Department nf Environmental Protection Provided»Yma»«oeP: Bureau of Resource Protection - Wetlands 242'1825 ile �� Order � Conditions - _ - ' ��o ^� Form � �- ^�� n `��Uu8�� Massachusetts Wetlands Protection Act &1.G.L. o. 131, §4O eospnmnoaminn# NorthAndover CityTrown F. Appeals The opp|icant, the owner, any person aggrieved by this Order, any owner ufland 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 310CPNR 10,03(7)Vvithin ton 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 tothe 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 ofthis project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public haarinQ, requesting a Superseding Order, or providing written information to the Department prior to issuance of 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(PN.G.Lc. 131, §4O), and is inconsistent with the wetlands regulations (310 CKHR 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 nn appellate jurisdiction. � � 4 Massachusetts Department mf Environmental Protection provided by MassmEP: 2421825 [�UFe@UOf ��esOU[C8 Protection - \�GtlQOdS ' �� ^� � �� ^�.�. �� LJP�� " x� u �� — �� x ~*��U"U�� MRSSeohua��nVVmt|mndnP�demtionActK8�G�Ln� 131, 04O oo�pTmnsom/on# North Andover ityfrown G~ Record^ng 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 |onahed, within the chain of title of the affected property. In the case ofrecorded 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. -------------------------------------------------------- |o: North Andover -bcnser'v-a-fioni Commission Please be advised that the Order of Conditions for the Project et: 1 &28 Royal Crest Dri 242-1825 HesbeemnyoordedettheRegintrycf Deeds of: Northern Essex County Book Page for: A|K4C{) NmdAndover,hLLC and has been noted in the chain of title of the affected property in: 07042 122 |n accordance with the Order of Conditions issued on: October �O�1 Dao � |f recorded land, the instrument number identifying this transaction is: If registered land, the document number identifying this transaction is: I & 28 Royal Crest Drive - #242-1825 Findings of Fact Current Project Site Conditions: The approximately 76-acre project site currently consists of an existing apartment complex, with 49 apartment buildings, associated garages, clubhouse, pool, maintenance building, storniwater management systems, travel access drives and parking areas. The project site has been subject to previous wetland permitting with the North Andover Conservation Commission (NACC), which includes the following: • NACC #32 - OOC - CofC Issued • NACC #94 - OOC - CofC Issued • NACC #95 - OOC - CofC Issued • NACC #111 - OOC - CofC Issued • NACC #112- OOC - CofC Issued • NACC #117- OOC - No CofC on record • NACC #124 - OOC - CofC Issued • NACC #181 - OOC - CofC Issued 0 OOC #242-11550 -CofC Issued • ORAD #252-1567 • OOC #242-1568 - CofC Issued • OOC #242-1598 - CofC Issued • OOC #242-1,599 - CofC Issued • OOC #242-1618 - No CofC on record • NOI #242-1634 - Withdrawn • NOI #242-1635 -Withdrawn • OOC #242-1696 - CofC Issued • ORAD #242-1771 The NACC issued an Order of Resource Area Delineation in November 2019, DEP #242-1771, for bordering vegetated wetlands, stream bank and isolated vegetated wetlands. Work proposed under this NOI will occur within the buffer zones to the following wetland series. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. a. Bordering Vegetated Wetland (BVW) - B, U Series b. Isolated Vegetated Wetlands (IVW) - EF,,I--I,I..,PO,Q, and Z. c. 100-Foot Buffer Zone to 13VW &IVW d. The property does not lie within NHESP Priority Habitat 28 Rova H'aem Or ve 8242 �825 KAC'C'C'nndr ngs& SpcciaN Condi6ons I & 28 Royal Crest Drive - #242-1825 e, 'J,1 he property does not lie within the 100-year floodplain f. The on-site resource areas do not contain certified or potential vernal pools based on NHESP mapping, Therefore, 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/approved plans referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 21. The proposed work includes: removing existing aging subsurface propane tanks and associated piping and installing new above-ground tanks servicing a majority of the buildings on site, with 13 of the buildings located within the 100' buffer zone (specifically Bid #'s 3, 6, 8, 12, 30, 31, 36, 37, 38,40, 47, 48 & 49). Work involves excavation and removal of existing tanks and piping, filling in excavation with gravel, loam and seed. All of the new tanks will be located outside the 50' NBZ, to sit on 30" concrete pads with new utility conriections. Construction access routes and stockpile areas are shown on the plans. Buildings 6, 8, 36 & 38 have existing tanks within the 25' NDZ - a waiver request has been submitted and the Conunission finds that the applicant demonstrated there are no practical alternatives the could remove the activity from the NDZ as the existing tanks are located within the 25' NDZ and 50' NBZ, necessitating work in these areas to remove them. The applicant has proposed all new above ground tanks to be located outside the 50' NBZ. 22. 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 attachments filed by: AIMCO North Andover, LLC 13155 Noel Road, Suite 100 LB235 Dallas, TX 75240 Project Consultant/Engineer: Williams &Sparages c/o Thorsen Akerley 189 North Main Street Middleton, MA 01,949 1 &!28 Ro%all Cleq Drk,c U242 B25 NAC('@,imfings& ',rpecU G ondkions Pa-,e 2 of 13 I & 28 Royal Crest Drive - #242-1825 Site Plan: • "Plan to Accompany Notice of Intent, Royal Crest North Andover, MA" 6 sheets, prepared by Williams & Sparages, scale 1"=20', signed and stamped by Christ P. Sparages, dated August 25, 2021. 23. 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. 24. 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. 25. 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. 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(310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 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 (late 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 111-ir-ty days (30) prior to the expiration date of the Order (Refer to Section 83) of the North Andover Wetland Regn.lations), 28 Royas Oest Drivc U242-p 825 NA(C Fimfimps&Special Uondkiofl, Page 3 of 13 I & 28 Royal Crest Drive - #242-1825 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. 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 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 ) o- 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 34 &Appeiidix F of the load Regulatiom). 33. 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. 34. 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. 35. 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. 1 < 29 RwA( oem D iv e )1242-M5 NACC Hwfinlp&Spc6af Comfi6ons Page 4 of I & 28 Royal Crest Drive - #242-1825 TO CONSTRUCTION 36. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 37. This Order shall be recorded, in its entirety, 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. 38. A check payable to the Town of North Andover shall be provided in the amount of five thousand dollars ($5,000) which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 39. A sign, visible from the street, shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "NACC File #242-1825." 40. No changes to the approved plan shall be implemented in the field until written approval has been granted by the NACC. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 28 Rov ll Crot I) ivu 11242,182'5 NM Fiwfings&Special Condi�ifms I & 28 Royal Crest Drive-H242-1825 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. Wetland flagging closest to the work on site 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. At a minimum, a row of staked 12" diameter mulch sock (Filtrexx SiltSoxx or equivalent),backed by entrenched staked silt fence shall be properly installed between all construction areas and wetlands 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 additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 44. The applicant/contractor shall have on hand at the start of any soil disturbance, removal or stockpiling, additional 75 feet of mulch sock and sufficient stakes for staking, and fl-wee (3) 100% biodegradable erosion control blankets (NO plastic netting whatsoever) both covered from the elements, and shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45. The erosion controls shall serve as the limit of work. 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. 46. All finished areas with disturbed soil shall be seeded and covered with a layer of STRAW(not hay) to incubate and protect seed from washout. 47. The applicant shall designate a Wetland Scientist (or other enviromnental 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 ck,28 Roycfl OcA Ddvc U24 Il825 NMCC Findirgs K 'ipcL�al Con1Pi6uw� Page 6�1�3 1 & 28 Royal Crest Drive- #242-1825 sedimentation control devices. 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 construction 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. 48. 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/erasion 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. 49. 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. **NOTE: The schedule shall indicate what buildings will be worked on when and that no more than 2 tank replacement work areas shall be open at a time and subsequent work areas shall not be opened unless and until finished areas of work are loamed and seeded, n shall be monitored by the Erosion Control Monitor and noted in weekly reports to the Conservation Department. 50. The-Conservation Department shall be notified at least 24 hours prior to starting work on each building. 51. Prior to any work corrunencing 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. Note: The Building Permit shall have been applied for at the time of a pre- p &28 Roya�Oct Or vc U242 W5 NACC kn(fings&, Spcciad Cowhfims Pagw 7 of i� I & 28 Royal (,rest Drive-#242-1.825 construction meeting with the Conservation Department, and Conservation Department sign off will not be granted until pre-construction conditions are satisfied, 52. 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. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, erosion control monitor and the applicant plicant 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. J'hereaf ter, 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 54. 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. 55. 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. 11 &28 Royal('Tesi D6ve 8242-M�, NACU Fiimhngs& Specini Coihfitiows Page S of g i I & 28 Royal Crest Drive - #242-1825 DURING CONSTRUCTION 56. NO stockpiling of any materials shall be conducted within the 25-Foot No Disturb Zone. All materials shall be taken to locations outside the 50-Foot No Build Zones and immediately off loaded into dump trucks for transport off site. 57. If required by the Town Plumbing Inspector, protective bollards (or equivalent) may be installed in front of any propane tanks close the access drives and parking areas. Any bollards shall be located outside the 50-Foot No Build Zone. 58. Upon beginning work, the applicant shall submit written progress reports every 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. 59. 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. Any fill imported to the site must be accompanied by a certificate of origin. or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff. 60. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loarned, 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. 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 staff for as long as the site remains 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. All material stockpiling shall remain in the areas designated on the approved plan or outside of the 100-Foot Buffer Zone. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. ck' 28 Hoya I('re�l Dii ive 1(242-182.5 NACC Fimfings&, lipccAal Condihons 'age 9 of V 3 I & 28 Royal Crest Drive- #242-1825 64. 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. Flowever, no trash dumpsters will be allowed within 50 feet of the edge of IVW or BVW. 65. Cement trucks or any appurtenant cement delivery equipment shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand and disposed of at an appropriate facility. 66. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 67. 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 1.00 feet of a resource area. F AFTER CONSTRUCTION 68. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 69. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen 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. 70. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 71. 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. 1 28 RoYA OcA D k,c Q4 2-C 82,5 khiding "Spechd ComMkms Pa�,,e &0 of V 3 I & 28 Royal Crest Drive - #242-1825 72. 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 MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 73. 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 (PAIJs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 74. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "'Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. It 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. Check, payable to the Town of North Andover, for Certificate of Compliance filing fee (inquire with Conservation Department for current fee rate). j. 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. "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. 28 Ro vA Civm Ukkv U242-1825 MAC(' SpQckd(.'onditions 1 & 28 Royal Crest Drive -#242-1825 Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No-Disturbance Zone and a 50' No-Construction Zone. 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 set-backs as established under the local Bylaw (Condition #31); Discharge or spillage of pollutants (Condition#67); Prohibition of underground fuels (Condition #68) Limitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions #69 & 70); No dumping of leaves, grass clippings., brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #71). Prohibition of the use of coal tar based products for paving (Condition#73); K, 28 Royal Oest Lhlve 4242-1825 NACC f-lindin s& Speci all CondiOons VaLe 12 po f V 3 — 1, & 28 Royal Crest Drive- #242-1825 APPENDIX A-AFFIDAVIT ......... oji oath(to hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. 1 am the (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/Of 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. 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--.-(lay of 20 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Condit-ions w. 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 Linder the pains and penalties of per this day of,,,, 19 (Signature-authorized agent of applicant or owner)