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HomeMy WebLinkAbout- Permits #242-1828 - 290 WEBSTER WOODS 11/1/2021 4 Massachusetts Department uf Environmental Protection Provided uywomooEp: 242-1828 Bureau Of Resource Protection - Wetlands ������� �� �� ���^� � Conditions �� �� �� �� mmn »� Form � — ~�" ^��� �� ~��D��uUuUons Massachusetts Wetlands Protection Act K8.G.Lc. 131. W40 eoEp Transaction# North Andover A. General Information Please note: North Andover this form has 1. From., ---- been modiieu °ons=,°`"^'°°==sio" with added u� This issuance is for space to m. Order ofConditions bEl Amended Order ofConditions accommodate (check one): the Registry of Deeds 3. To: Applicant: mno/remonm Jeff Soucy a.First Name b.Last Name Important: When filling ' out forms vn c.urgmnoauo the 20O Webster Woods Lane computer, use only the ~.Mailing Address tab key to North Andover 88A 01845 move your ^.City/Town [State g.Zip Code cursor'uo not use the 4� Property Owner(if di�erentfronoopp|ican0: return key. ' IQ a. irst Name b, Last Name c.Organization ailing Address e.City/Town f.State g.Zip Code 5. Project Location: 29O Webster Woods Lane North Andover a.§�C46t Address b.CityfTown 1OOB 170 Latitude and Longitude. if known: 42d03m8140s 71d05nn501Oa d.Latitude e, Longitude "r°formnm='rev m/oomo Page Iwm � � 4 Massachusetts Department mf Environmental Protection Provided uyMeaoosp: Bureau OfResource PFOhBCtiOD - Wetl@DdS 242-1928 �����& � � Order � Conditions m�u v� Form �� — .������ ��o ~�����uKuKons Massachusetts Wetlands Protection Act K0.G.L. o. 131. §4U eoep Transaction# North Andover Q\yrrvwn A. General Information /coDt.\ 0. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate Number(if registered land) 16950 79 c. Book d.Page 09'2A-2O�1 10-1�-2O21 11'01'2021 7� Dates: a.Date Notice of Intent Filed b, Date Public fiearing Closed c.Date Of Issuance & Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompan a Notice of Intent-290Webste Woods Lane a. Plan Title VVU|iamm & S Richard Williams, P.E. Prepared By c.Signed and Stamped by 09'27-2021 1"=20' r Additional Plan or Document Title g. mato B. Findings 1� Findings pursuant tu 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 Ao0. Check all that apply: a �� Public b� �l Land »' �� Prevention of "� �� Pollution d Private *� �� Fisheries L 0pn�eotionof � �D�� �� Wildlife Habitat q. Z Groundwater Supply b Storm Damage Prevention i Z Flood Control z This Commission hereby finds the project, as proposed, is: (check one of the following boxes) � Approved subject to: a. 0 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 ofIntent, these conditions shall control. rn=mmauoc^rev m/ommn Page xm10 4 Massachusetts Department mf Environmental Protection Provided uYMovnoEp Bureau of Resource Protection - Wetlands 242-1828 ����� � � ���� � Conditions ��n �� Form ~^ -- ��n ^u��� ��o ��������U�Uons Massachusetts Wetlands Protection Act k8.G.L. c 131, §40 uocp Transaction# North Andover B. Findings (cont.) Denied because: b. 171 the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work nn this project maynoigofonwandun|ess 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 QnMmr. o. 0 the information submitted by the applicant |s not sufficient todescribe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Thansfona, 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 31OGK0R18.O6(G)(o\. o. Z Buffer Zone Impacts: Shortest distance between limit ofproject BS'S'' disturbance and the wetland resource area specified in 310 CMR 10.02(1)(o) ............................. Inland Resource Area |nopmota: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4 Bank� ���� ���6�����— Gjmpar feet -- 'c.linear feet �� 'd.linear feet �� s� F1 Bordering Vegetated Wetland a.square feet b.square feet o.square feet m.square feet 8. Land Under VVaterbudiwaand u.square feet b.square feet o.square feet uamhaot VVutanwaya 7. [l Bordering Land Subject toFlooding a.mquammet u�uquanamet o.square feet u.square feet Cubic Feet Flood Storage e�cu�c�e�-- �cu����--- g.cubic feet lh.cubic feet -- 8. 1771 Isolated Land Subject to Flooding *.square feet W.square feet Cubic Feet Flood Storage \c.'cubic feet ��� v.cubic feet �� ,e.'cubic feet i.cubic neet -- o. El RivarfrontAneo a.total sq.feet total sq.feet Sqft within 1OOK c.square feet d,square feet e.square feet f.square feet Sqh between iOU- 2OOft 0.square feet h.square feet i square feet j.square feet � � � "paforms*oc'rev nxomo20 Page oum � 4 � Massachusetts Department of Environmental Protection Provided 4yMas^nGP: Bureau Of Resource Protection - Wetlands 242-1828 ����� � � Order � o� ��~�~ w�m m� Form � �� .����� ��o ��K���U=Uons Massachusetts Wetlands Protection Act M.E).L. c. 131' Q40 eosp Transaction# North Andover B. F~nd^ngs (c0Dt.) Coastal Reepunng Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10 Designated � �~Fl Indicate size under Land Under the Ocean below Areas ` 11. [l Land Under the Ocean o.square feet equumneot o.c/yumuge0 d.uydredged 12 Indicate size under(}000ta| Beaches and/or Coastal Dunes � ��l� Barrier Beaches below 13. [l Coastal Beaches ^"yd ^" yd a.square feet b.square feet c.nourishment d. nourishment 14� El Coastal Dunes ou yd ^" yd a.square feet b.square feet c.nourishment d. nourishment 15 Coastal � �F�� a_linear feet-- b_linear feet -- 1s. [l Rocky Intertidal Shores e.square�at 67vqoarvfyst 17. [l Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. Fl Land Under Salt Ponds a.square feet b.square feet o.myommOnu o.uyonmVeu 18� n Land Containing Shellfish a.square feet b.square feet u square feet d.square feet zO. El Fish Rune Indicate size under Coastal Banks. Inland Bank. Land Under the Ocean, and/or inland Land Under VVoh*rbodiesand Waterways, above 21. Fl Land Subject b) Coastal Storm a.square feet b.square feet Flowage 22. 171 R|venhoni/\rea a.total sq.feet b.total sq.feet Sqft within i00ft c.square feet d.square feet e.square feet f.square feet Sqft between 1U0' 200ft O.square feet h.square feet L square feet |.square feet 4 Massachusetts Department mf Environmental Protection Provided uYmaaaoEP: 242-1828 {]UPB@UOf ��BGOUDCe Protection -V�etl@UdS ����� � � ���� � Conditions m�u �v Form "� -- ��" xuK�� ��" ������m��u�ons Massachusetts Wetlands Protection Act K8.G.L. u. 131. §40 eoep Transaction# North Andover B. Findings (cont) ~#23. |fthe 23 Fl Remb>rmUnn/Enh�n��man�^ Pn4eut�for � �~ the purpose uy restoring or enhancing ~.square feet~-``~ ~.square feet~'salt marsh wetland resource area 24. Stream Cnomming(m): m addition m the square footage that w number v,new stream crossings ". number v,replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Gvctiona.5.n <BVVV/or The fnNom/ nQ000��iwnemm*on|yapp|ic��|ebo�pprnvg� p projects. a17�o�mK ' '-v momW above, 1� Failure to rompk/with all conditions stated h000in, and with all related statutes and other please enter ' the additional regulatory measures, shall be deemed cause bz revoke or modify this Order. 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 federa|, ntate, or local atatutea, 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 iso maintenance dredging project ao provided for im 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 ofissuance. If this [)nƒer 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 oso special condition in this Order. c. If the work io for a Test Project, this (}nderofCnDd|t|oMs shall be valid for Ro more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project maybeaxtendedfornne additional year only upon written application by the applicant, subject to the provisions of 310 CIWR 10.05M1>(#. S. 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 nn 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 |umber, bri:ke, plaster, vvine' lath' paper, cardboard, pipo. Unes, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 4 Massachusetts Department of Environmental Protection Provided uymomsoEP: Bureau of Resource Protection - Wetl8UdS 242-1828 ����� �� � Order � x� x�~�^ m�o �� Form � �� ~����� �, ������uUons Massachusetts Wetlands Protection Act K0.G.[. o. 131. G40 ooep Transaction# North Andover oityTruwn 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 tahmn, until all proceedings before the Department have been completed. g. No work shall be undertaken until the Order has become final and then has been nanmrUed in the Registry of Deeds or the Land Court for the district in which the land is |ocated, 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 undmr 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 [)n1er 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 bo submitted tnthe Conservation Commission on the form atthe end of this Order, which form must ba stamped bv the Registry of Deeds, prior to the commencement ofwork. 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, "PNaoaDEP] "File Number 242-1828 " 11. VVhena 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 W1aeaOEP. 12. Upon completion of the work described herein, the applicant shall submit e Request for Certificate nf 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 of new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right b}enter and inspect the area subject tothis Order at reasonable hours to evaluate compliance with the conditions stated in this DnJar, 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 tothis Order and to any contractor or other person performing work conditioned by this Order. � "vaformo.doc'rev u1wzmo Page o*m � � 4 Massachusetts Department of Environmental Protection Provided uymo, osp Bureau Of Resource Protection - Wetlands 242-1828 MuasoEP File# ����� � � Order � Conditions LI �m" x� Form � —~ ~������ ��w `����«����ons Massachusetts Wetlands Protection Act K0.G.L. c. 131. §40 unEp Transaction# North Andover cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start Vfwork, and if the project|nvo|veoworhmdiooenttoo Bordering Vegetated Wetiand, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation nr other means. Adno time shall sediments be deposited in mvveUmnd or water body. During oonshuotion, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the "Project") (1) R ia subject to the Massachusetts ShormwoterStandards (2) E |a NOT subject to the Massachusetts ShnrmwmtnrStandards |f the work im subject to the Stnrmmvxatmr Standards, then the project ismubjeot to the following conditions: a) All work, including site preparation, land dieturbanoe, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Shorrnweher Pollution Prevention Plan required bv the National Pollution Discharge Elimination System Construction General Permit ao required byStormwaber Condition 8. Construction period � erosion, sedimentation and pollution control measures and best management practices � (BK4Ps\ shaUrono�ininp|aceunU| �haa�teiofuUyababUi��d ` ' . � b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period ByNPo intended tobeconverted 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; fi. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Enginaer, certifying the site is fully stabilized; iii. any illicit,discharges to the stormwater management system have been removed, as per the requirements nf8bormvvaterStandard 10; "vom,maoop'rev s1*mmv Page r°/1u 4 / | Massachusetts Department of Environmental Protection Provided hyMauoosp Bureau nf Resource Protection - Wetlands 242-1828 ����� � � ���� � Conditions �mn �� Form ~� ~� ��n ^u��� ��n ��������KuUons Massachusetts Wetlands Protection Act K8.G.L. c. 131. §40 e pTmnuamivn# North Andover hyffown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction stormvvato/BK8Psare 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. o) The landowner is responsible for 13MP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18/e>) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the 8tornlwxsta/ BK0Pn identifying the party responsible for implementing the atormvvahar8yNP 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 S(ormwabar 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 StornnvvaterRoport and, if applicable, the Shornovvater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. a) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BPWP. 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 8K8P. 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 ofthe proposed responsible party to implement the requirements of Conditions 18/# through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. |n the case ofetormwatmr8K8Ps that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the otmrnlwmter BPWPs. 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. 0 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 StornovvabarHandbook. vi"x"mo.*=`rev 51,ommo Page om,x | / 4 Massachusetts Department of Environmental Protection Provided uyMaaooEP: 2421828 Bureau of ��esVUFCe �»[Ot8Cfi0D - V�8tlGDdSMas- ����� � � ���� � Conditions �°w ^� Form � — ��o ��� ��o `�����K�Uons Massachusetts Wetlands Protection Act K8.G.L. o. 131. §40 eoepTmnemminn� North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (COOt.) 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 ofthe ohonnwater management system or any part thereof, and disposal (for disposal the log shall indicate the type ofmaterial and the disposal location); 2. Make the maintenance |u8 available to N1ossOEP and the Conservation Commission ("Connmiaaion") upon request; and 3. Allow members and agents of the K8eoaDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party iaincompliance 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 mk/rmwxahar BN1Ps mhoU be disposed of in accordance with all applicable federal, state, and local |avva and regulations. i\ Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j\ The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval nf the issuing authority. kl Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the N1aoaL)EP 8hormvvater Handbook, Volume 3, Chepter1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. |\ Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around mtorrnvvater BW1Pn shall include access gates and uba|| 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 mubiectho310CW1R10.O5(11). thempp|ioantnhaUe|soimp|ement(he � monitoring plan and the restoration plan submitted with the Notice of Intent. If the � conservation commission or Department determines that the Test Project throabanatbn public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as dinaobsd by the conservation commission or the Department. °r°m,ms.m°"^rev 51,mz02o Page oof 13 | ' 4 Massachusetts Department mf Environmental Protection Provided ufMamoEp Bureau Of Resource Protection - Wetlands 242-1828 ����� � � Order � n� ��^�^ ��n o� Form � _ ~������� ��u ~������uUons Massachusetts Wetlands Protection Act K8.G.L. c. 131. G40 aocp Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. |ma municipal wetlands bylaw or ordinance applicable? 0 Yes [] No 2. The North Andover hereby finds (check one that apphne): a� Fl that the proposed work cannot be conditioned to meet the standards set forth ina municipal ordinance urbylaw, specifically: 1.Municipal Ordinance or Bylaw _ 2.Citation__' Therefore, work Vn this project rnaynoiOnfowvardunlessandunU| onevinedNuhoeof Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions imissued. b. 0 that the following additional conditions are necessary to comply with a municipal ordinance nrbylaw: North A d WetlandsProtection Bylaw& Regulations Ch. 180et. unmma/Ordinance orBylaw �eq. a. 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 dorunoend: ConservationNorth Andover Commission Fi di & O i | Conditions � °w°mrmu*='rev m/mzmn Page mof`a � 4 Massachusetts Department mf Environmental Protection Provided»yMumnoep: Bureau of Resource Protection - We 242���O�S -1828 X������ �� �� ���^� � Conditions '~~``~` ' ^`'' Ll �m" �� Form =" �� ��uv���� ��n ������vu���ons Massachusetts Wetlands Protection Act M.G.L. c. 131. §4O North Andover ityfTown E. Signatures This Order is valid for three yoam, un|omn c4homioe specified as a apmde| condition pursuant W General Conditions#4.from the date ofissuance. -1, Date of Issuance Please indicate the number nf members who will sign this form. This Order muot be signed by a majority of the Conservation Commission. M umber ofGignmm 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 Ofboe, if not filing m]ectmnioaUy,and the property owner, if different from applicant, � Sign t Printed Name Signature Printed Na7e 9 t re Printed Name Signature Printed Na e Signature P�inted Name Signature Signatu Printed Name ignature Printed Name I/ �] bv hand delivery on &J bv certified mail, return receipt requested, on 4 ' Massachusetts Department mf Environmental Protection Provided hyMuuvosp: Bureau 0f Resource Protection ' Wetlands 242-1828 ����� � � Order � d� ��~�^ ��n �� Form =x -- ���^u��� K�" ����8�x�Uu�ons Massachusetts Wetlands Protection Act K8.G.L. o. 131, §40 # North Andover F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject hJ this Order, or any ten residents Vf the city 0[town iO which such land iolocated, 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 CIVIR 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 orregulations, the Department has nn appellate jurisdiction. � °p"form5,*='rev m/mxmo Page/um13 | 4 Massachusetts Department of Environmental Protection Provided hyMu»oPep: Bureau of Resource Protection - Wetlands 242-1828 ����� �� � Order � Conditions Lll � ��o �� Form ~x -- ���v���� ��n ��K�K�~�U�Kons Massachusetts Wetlands Protection Act M.{3.L. c. 131. 840 oosp Transaction# North Andover 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 nfthe 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 onservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------'�'-----'-'------''--- -- '---- ' �' � � � ��' �--'''---- /o: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project ed: 29DVVebabarVVoodaLon� 242-1828 MassDEP File Number Has been recorded at the Registry of Deeds of: N.ER.D. County Book Page for: ~^`~ perty Owner and has been noted in the chain of title of the affected property in: 16950 7& Book Page ln accordance with the Order of Conditions issued on: 11-81-2021 |fnauun]ad |and, the instrument number identifying this transaction is: Instrument Number |f registered land, the document number identifying this transaction is: Signature of Applicant °p°m°s»""^rev,wwumo Page mmm / � DEP FILE #242 - 1828 Findings of Fact .Current Project Site Conditions: The approximately 1-acre project site currently consists of an existing single-family house, constructed in 2001, and associated driveway, deck, lawn,, landscaping, utilities and wooded rear portion of the property. There are no previous permits on file with the Conservation Department for this property. The NACC agrees with the delineation of the following wetland resource areas as reflected on the approved plan. 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) -Wetland Flags Al-A10 b. 100-Foot Buffer Zone to BVW c. The property does not lie within NHESP Priority Habitat d. The property does not lie within the 100-year floodplain e. The property does not lie within 200-Foot Riverfront Area f. The on-site resource areas do not contain certified or potential vernal pools based on NHESP mapping. Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 21. The proposed work includes: the removal of trees, resulting stumps, filling, grading, loaming and seeding to expand the footprint of the lawn area. Portions of this work are within the 100' Buffer Zone to Bordering Vegetated Wetland (BVW). Approximately a total of 5,000 square feet of wooded area is proposed to be converted to lawn, approximately 1,080 square feet of which is located within the 100' buffer zone. 22. The work shall conform to the following: 290 Webster Woods DEP#242-1828 NACC Findings& Special Conditions Page 1 of 13 DEP MIX # 242 - 1828 Applicants: Jeffrey Soucy 290 Webster Woods Lane North Andover, MA 01845 Notice of Intent filed by: Williams &Sparages, LLC 189 North Main Street,Suite 1.01. Middleton, MA 01949 Site Plans prepared by: Williams & Sparages, LLC Titled:Plan to Accompany A Notice of Intent 290 Webster Woods Lane Stamped By: Richard L. Williams, PE Scale 1"=20' Date: September 27, 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 290 Webster Woods DEP 11242-1828 NACC Findijigs& Special Conditions Page 2 of 13 DEP FILE 9 242 - 1828 in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations, 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least iWa days 30) prior to the expiration date of the Order (Refer to Section 83)(1).37) of the North AiMover Wetland Regulatiotis). 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. 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 31.0 CMR 1.0.53(e). 33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25 ) No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other persora-tel 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. 290 Webster Woods DEP#242-1828 NACC Findings&Special Conditions Page 3 of 13 DEP FILL H 242 - 1828 35. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the 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. 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 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. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "'Massachusetts DEP, File Number 242-1828." 40. 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 290 Webster Woods DEP#242-1828 NACC Findings& Special Conditions Page 4 of 13 DEP FILE #242 - 1828 Order of Conditions. Any errors :found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of installation of sedimentation/erosion control devices, tree removal, grading,fence installation, re-vegetation and final stabilization. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. A row of 12"' mulch socks (staked & overlapped) and trenched silt fence or other erosion control devices as approved by the Conservation Department shall be placed between.all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable 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. 290 Webster Woods DEP fl242-1828 NACC Findings&Special Conditions Page 5 of 13 DEP FILE # 242 - 1.828 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 75-feet of additional 12" mulch socks and sufficient stakes for staking these mulch socks (or an equivalent amount of silt fence, as well as a minimum of 100-feet of additional silt fence. Said erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. Prior to the conu-nencement of any work on site the trees to be removed shall be clearly marked. The trees to be removed will be confirmed during the pre- construction meeting. 47. A check payable to the Town. of North Andover shall be provided in the amount of one thousand five hundred dollars ($1,500) 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 NACCs review and approval. This condition is issued under the authority of the local Bylaw. 48. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes (or) The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Con-unission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 49. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report 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 290 Webster Woods DEP#242-1828 NACC Findings& Special Conditions Page 6 of 13 DEP FILE #242 - 1,828 are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. Reports shall contain photographs of the site and construction activities anticipated in the upcoming week, The Erosion Control Monitor shall be on site during and/or following a major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 50. Prior to construction, the applicant shall permanently mark the edge of the "25, No- Disturbance Zone" with six (6) wetland markers spaced 25-30 feet apart, installed either on mature trees or on 4x4 pressure treated posts (as coordinated with the Conservation Department on site). The wetland markers shall incoporate the following text: "Protected Wetland Resource Area" and the associated rules (3 round and 1 square). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall rernain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2 round/$3 square). 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with a NACC representative, the contractor, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts., and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable 290 Webster Woods DEP#242-1828 NACC Findings&Special Conditions Page 7 of 13 DEP FILE, #242 - 1828 for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order, A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 54. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 55, 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, 56. Dewatering is not proposed during construction. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. 57. Any fill used in connection with this project shall be clean fill, containing no trash-, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires., ashes, refrigerators, motor vehicles or parts on any of the foregoing. 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. 58. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or foamed, 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 290 Webster Woods DEP#242-1828 NACC Findings&Special Conditions Page 8 of 13 DEP FILE #242 - 1828 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. 59. No re-grading in the buffer zone shall have a slope steeper than 2:1. (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 60. There shall be no stockpiling of excess soil or other materials within 1.00 feet of any resource area. 61. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 62. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 100 feet of wetland areas subject to protection under the Act or local Bylaw. 63. Accepted engineering and construction standards and procedures shall be followed in the completion of the project, 64, During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 65. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued. under the authority of the Town's Wetland protection ByLaw. 290 Webster Woods DEP#242-1828 NACC Findings&Special Conditions Page 9 of 13 DEP FILE #242 - 1828 66, Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 1.00 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 I I own s Wetland Protection Byl-law and shall remain in perpetuity. 67. There shall be no dumping of leaves, grass clippings, brush, or other debris into wetland resource areas or the 25-foot No-Disturb Zone, This condition shall remain in perpetuity. 68. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS,standards. Stabilization will be considered complete once full vegetative cover has been achieved. 69. 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. 70. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be Submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If 290 Webster Woods DEP 4242-1828 NACC Findings&Special Conditions Page 10 of 13 DEP FILE #242 - 1828 portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structure, 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 gDy disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. 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 (Condition #35); Resource Area Markers (Condition # 52); Discharge or spillage of pollutants (Condition # 67); Prohibition of underground fuels (Condition # 68); Limitations on the use of fertilizers, herbicides, and pesticides (Condition # 69). No dumping of yard waste or other debris in the wetland or within 25 'of a wetland (Condition # 70) 290 Webster Woods DEP#242-1828 NACC Findings& Special Conditions Page 11 of 13 DEP FILE #242 - 1828 APPENDIX A -AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) I am the. of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2_ 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed tip by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of-19 1 inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said,property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this-day of 19 (Signature-authorized agent of applicant or owner) 290 Webster Woods DEP#242-1828 NACC Findings&Special Conditions Page 12 of 13 DEP FILE #242 - 1828 290 Webster Woods DEP#242-1828 NACC Findings&Special Conditions Page 13 of 13