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Home My WebLink About242-1870, 175 Olympic Lane OOC - Permits #242-1870 - 175 OLYMPIC LANE 8/4/2023 ^ 4 Massachusetts Department of Environmental Protection Provided hymaumosp: BU[8GU of Resource Protection -W8tlGDdS 342-1870 ��K�� 0� �� Order � Conditions ---~-- File��m ^� Form � �� n ��U�� Massachusetts Wetlands Protection Act K8.G.Lc. 131' §40 North Andover A. General Information Please note: North Andover this form has 1. From: been modified Conservation Commission with added 2 This mvmmm � a Order h �l Amended Order ofCondiUone m�nmm�am (check one): � �� the Registry of Deeds 3.To: Applicant: mequ/mm,mu Ryan and T ylor Reid( Important: When filling out forms on c.urgnn/zmnon the 175 Olympic Lane computer, uoeoo|ythe ~.'`'~~'='~~'~`~ tab key to North Andover MA 01845 move your e.utyo^wo f.mate D,Zip Code cursor'no not use the 4. Property Owner(ifd|�arentfronnappUconU: return key. ' ' VQ a.First Name b. Last Name c.Organization ------------- 5. Project Location: 175 Olympic Lane North Andover a.Street Address b.Cityfrown _Wp 10613 Lot 131 c.Assessors Map/Plat Number d. ParcellLot Number Latitude and Longitude, ifknown: 42d63m9690a -71d05m0220o d.Latitude e. Longitude wnafovm,mm^rev onmoom Page 1mm ^ 4 ' Massachusetts Department of Environmental Protection Provided uymnnDEP: Bureau Of Resource Protection - Wetlands 242-I870 ILI �� A� ��^� � Conditions --'-- F—' nnu m� Form � �� m�"�� `��^u�uU�� Massachusetts Wetlands Protection Act K0.G.LC. 131, §40 # North Andover ity own A. General Information /cOAf.\ 6� 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 fan_ 16238 8 c. Book d. Page r. Dates: a. Date Notice of Intent Filed 6�—Date Public f-fearing_6�_Iosed c.Date of Issuance o. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany Notice nf Intent 175 Olympic Lane Williamsa, Plan Title Peter W1. B|aidadeUJr. Prepared By c.Signed and Stamped by Jume8 2023 lit =20' d.Final Revision Date e.Scale Additional Plan or Document Title g.Date B. Findings 1. Findings pursuant bo 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 improposed is significant.tn the following interests of the Wetlands Protection Act(the AoM. Check all that apply: a � 0 Prevention of �� Pub||oVVmhsr�up�|y h �� Land � �� Pollution d [ �� Protection of Private u Fisheries � K�� 8� Wildlife Habitat g. M Groundwater Supply h. F3 Storm Damage Prevention i M Flood Control Z This Commission hereby finds the project, aapropooed, |o: (obeokoneofthofo||mwingboxeo) Approved subject to: a 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 CondiUono, 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. wmx^ma,m°'rev m1mzo20 Page uu/m � 4 ' ' Massachusetts Department of Environmental Protection Provided hyMuuDsp �4X-18?O ��U0B@UOf Resource P[oteC�DD - VVet@OdS ��J� K� �� ^� � Conditions ----- ' —'� m�u ^� Form � �� " �� u �� Massachusetts Wetlands Protection Act M.G.LC. 131, §49 ILI North Andover B. Findings (cont.) Denied because: b� [] the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefopo, 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 isissued. A description of the performance standards which the proposed work cannot meet is attached to this Order. u. Fl 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 maynotgofonwerdunimasandunU|apevisodNodoonf 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 ofthe specific information which is lacking and why itio necessary io attached to this Order as per 31UCK8F|1O.05(G)(o). x. E Buffer Zone Impacts: Shortest distonoe'beh*een limit ofproject 50.4' disturbance and the wetland resource area specified in 310 CMR I 0,02(i)(a) e.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4 l Bank� F�� a. linear oeet-- b]mear feet-- c-linear feet — d_linear feet -- n. Fl Bordering Vegetated Wetland w.oque/o feet b.square feet o.square feet d.square feet ;, Fl Land Under VVaharbodiemond a.square feet b.square feet o.square feet d.square feet VVxbewvaya 7. Bordering Land Subject to Flooding m.square feet b.square feet *.square feet V.square feet Cubio Feet Flood Storage ��' ��_ g.cubic feet ��bic feet _ 8, 0 Isolated Land Subject hoFlooding a.square feet -square feet Cubic Feet Flood Storage c_cuubic fee*-- d.cubic feet--- e.cubic feet-- f.cubic feet--' 700 700 8, M RivarfrnntArem a.total sq.feet b.total sq.feet 222.5 xxc.o -358 -oso Sq0v�(hin1000 C.Square feet f.square feet S4ft between 1OO- 477.5 *n.s 2O0� 0�nq"ae�en� h�nquom�at i�square j.square feet wvam'nm»='rev m1muouo Page uu/o | 4 � . | ^ Massachusetts Department of Environmental Protection Provided byNam"nEP: � Bureau 0f Resource Protection -Wetlands 242-1870 � �� 0� ��' ��o� � Conditions ------ � —' � w�, �� Form =, �� nv�� K�" �*��v�U��ons ILI Massachusetts Wetlands Protection Act KU.G.Lc. 131, §4O ,eoEPTra"nsnction# North Andover wn U3~ Findings (cont.) Coastal Resource 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. F-1 Land Under the Ocean n.square feet h.square feet 1x Indicate size under Coastal Beaches and/or Coastal Dunes � Fl�� Barrier Beaches below 13, Coastal Beaches ou yd Cu yd a.square feet b.square feet c.nourishment d.nourishment 14� Fl Coastal Dunes ood ^ud a.square feet b.square feet c, nourishment d.nourishment 15 Coastal � [l�� a-linear feet _ ��ar'feet_- 10. El Rocky Intertidal Shores a.square feet u.square feet 17. Fl Salt Marshes square feet b.square feet c.square 18. [\ Land Under Salt Ponds a.square feet b.square feet % Fl Land Containing Shellfish a.square feat o.mquono^ont o.square feet u.square feet 20. [l Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under VVahadbodiaoand Waterways, above a.cly dredged b.Uy dredged 21. [] Land Subject ho Coastal Storm a.square feet b.oquonafeet— Flowage 22. Fl RiverfrontA,ea a.total sq,feet b.total sq.feet Gqftwithin 100ft G.square�eet d.square feet e.square feet f.square feet Sq0 between 10U- 200k g.square feet h.square feet L square feet j. square feet wvm"mo.o='rev onm202o Page 4mm ^ 4 ' ' Massachusetts Department of Environmental Protection Provided bwMoamoP: Bureau Of Resource Protection - Wetlands 243-1870 &�K�� K� �� | � �� v�~�~ ----- -' ��n �� Form =" �� x«�� n ��K��v�U�� MeosachUsetts Wetlands Protection Act M.G.L. c131. G4O oEpTmneomino# North Andover B. Findings (cont.) ^#23, If the 23. Fl Restoration/Enhancementproject is for �� the purpose of restoring or enhancing -square feet---''' -square feet-salt—marsh wetland resource area 24. [] 8bnamCross|ng(e): |n addition ho the square footage that crossingsa.number of new stream has been entered in C. ----'-' Conditions Under MassachusettsWetlands SooUono�.c (w« )»' The following conditions are only applicable to Approved projects. _1 7_`-_' Marsh)above, 1� Failure totomo|y with all oond�nnsstated herein, and v�thaHrelated statutes and other pleaseenterthe ' additional regulatory nleeeures, shall be deemed cause to 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 haphwabapnnpertvorinvaeionofprivatmrighbn. 3. This Order does not relieve the perrnittee or any other person of the necessity of complying with all other applicable federal, ste(a. or|nna( statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work is a maintenance dredging project as provided for in the Act; or b. The time for completion has been extended to a specified date more than three years, but|eee than five years, from the dote of issuance. If this Order is intended to be valid for more than three years, the extension date and the special cimumstanueavvarrantinB the extended time period any set forth as o special condition in this Order. o. |[the work is for o Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CK8R 10.05(11)(O. 8. 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 VfConditions and the Order will ampina on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean 0i Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bhokg, p|mmhmr. wire, |eth, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. ^rmorm,,uoc`rev 511812020 Page om13 � ^ 4 � � Massachusetts Department uf Environmental Protection Provided hyMasoEp l87O ��U[8BUOfFl8GOU[C8 Protection - \�etl8Ods 248- �� Order � Conditions --'-- —' ��" x� Form � — "�� w "��D�^�U�Uons ILI Massachusetts Wetlands Protection Act K8.E).L c. 131. 840 eDEpTmnsvction� North Andover cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act O. This Order is not final until all administrative appeal periods from this Order have elapsed, wrifsuch an appeal has been baksn, until all proceedings before the Department have been completed, 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry ofDeeds or the Land Court for the district in which the land is |uoated, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also bo noted onthe Land Court Certificate of Title cf the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Oewdo' 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. "PNaomDEP] "File Number 242-1870 " 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 yWmaoDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. Tho work shall conform to the plans and special conditions referenced in this order. 14. Any change tothe plans identified in Condition#13 above ohm|| require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough h`require the filing ofa new Notice ofIntent. 15. The Agent or members cf the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order atreasonable hours to evaluate compliance with the conditions stated in this [)rder, and may require the submittal nf any data deemed necessary by the Conservation Commission nr Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor orother person performing work conditioned by this Order. "*°m"m5.uoo`rev m1mcmo Page oor10 ^ 4 ' Massachusetts Department of Environmental Protection Provided by MassmEP: 242 l8?O ��U[8@UOf Resource P[0f8c�UD -��8t8Od5 - �� Order � Conditions -_-__ _' ��n �� Form ~° �� u ��^uUu�� Massachusetts Wetlands Protection Act M.G.L. u. 131, §40 un�=TranmooUvn# ILI North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start ofwork, and if the project involves work adjacent to a Bordering Vegetated VVeUgnd, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in p|uoa, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or,other means. At no time shall sediments be deposited inovveUandnr water body. During�nonn(ruoUnn. the applicant or his/her designee shall inspect the erosion controls ona daily baeiaand shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also i0Dled|ahm|y notify the Conservation Cnmnoiosion, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the lit-nit of work unless another limit of work line has been approved by this Order. % The work associated with this Order(the"Project") U\ El is subject to the Massachusetts Sh)rmwahmrStandards (2) Z in NOT subject to the Massachusetts Shnrn1wahar8handends |f the work is subject io the Stnrrnvvatmr Standards,then the project is subject to the ƒV||nxving conditions: e\ All work, including site preparation, land disturbance, construction and redovo|opnnent, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit oo required bvGh»rmwmhar Condition O. Construction period erosion, sedimentation and pollution control measures and best management practices (ByWPs) shall remain in place until the site im fully stabilized, b\ Noeb)rmwater runoff may be discharged to thepost-construction abormwabar BK8Po unless and onU| a Registered Professional Engineer provides a Certification that: i all nnnoboodon period BK8Ps have been removed or will be removed by o date certain specified in the Certification. For any construction period BW1Pm intended to be converted to post construction operation for shnrmxvabarattenuation, nychorga, and/or treatment, the conversion is allowed by the MassDEP Sturmwater Handbook ByWP specifications and that the BN1Phos been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii, as-built final construction BKAP plans are included, signed and stamped by m Registered Professional Enginmer, certifying the site is fully stabilized; iii. any illicit discharges to the shormwmtar management system have been removed, as per the requirements VfS\ormnvvaharStandard 10; � 4 ' � Massachusetts Department of Environmental Protection Provided by Ma sosp: BU[8aU of Resource Protection - \8/etl@DdG 242-1870 �� a� � �� v�~�~ ----- ' —'' �mu x� x �� u ^u�� `��uUuU�� Massachusetts Wetlands Protection Act M.G.L. o. 131, G4O North Andover C. General Conditions Under Massachusetts Wetlands Protection Act /cOnt.\ iv. all poet-oonstruotionotornnwahsrBKAPaare installed io 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. d The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Sk)rmwabarBN1Ps identifying the party responsible for implementing the otormvvaterBK8P Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.\the O&M Plan |m complete and will bo implemented upon receipt nfthe 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 Stormvvotgr 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. o\ Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each ByNP. To overcome this presumption, the landowner ofthe property must submit to the issuing authority |mgm||y binding agreement ofrecord, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the @&1P. and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18/f> through 10(k)with respect to that BMP. Any failure ofthe proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect b>thatHKXPshoUbeavio|mtionoftheOvderofOondiUonoorOedifinate of Compliance. In the case of stormwaba[BKAPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BW1Ps. A plan and easement deed that grants the responsible party access hn perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts 5turnRweterHandbook. � ' 4 � , � � Massachusetts Department of Environmental Protection Provided byM«u osp � � 2�2-�8?O [�UFe@UOf Resource P[0�>(tiDO -We�GDds � ��X��J� D� �� ^� � Conditions ----- F—' �vm v� Form � �� v�x^u�� `��D�v��U�� Massachusetts Wetlands Protection Act DW.G.L o. 131. §40 �Df-EPTranoacion# ILI North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g\ The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3) consecutive calendar years of|ospenUnnn' nepaim, maintenance and/or replacement ofthe stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type nf material and the disposal |ooeUon)| 2. Make the maintenance log available toW1osoDEP and the Conservation Commission ("Commiosion") upon request; and 3. Allow members and agents of the K8oaoDEP and the Commission tm enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each 8N1P established in the (}&N1 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, abate. and |000| |ewm and regulations. |\ 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 [lot be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall riot be altered without the prior written approval of the issuing authority. |\ Access for maintenance, repair, and/or rep|ecementof bK8Ps shall not hmwithheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be ot least six inches above grade io allow for wildlife passage. Special Conditions (if you need more space for additional conditions, p|emoo attach atext dnounnend: 20. For Test Projects mUbientb731OCK8R1O.0SU1>. (hmeookzonioheUa|soimpkamentthe monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threahanntho public health, safety or the environment, the applicant shall implement the removal plan Submitted with the Notice of Intent or modify the project asdirontedbytheuonservaUon commission or the Department. Woafvm»»o `rev y1oomo Page sofm ' 4 ~ Massachusetts Department of Environmental Protection Provided byM^us[Dep: Bureau of Resource Protection - Wetlands 248-1870 ILI �� 0� �� Order � Conditions ----- —' o�n ry Form � �� "�� u `��^uU�8��K�� Massachusetts Wetlands Protection Act M.G.L. o. 131. §40 iDEP Trans anuon# North Andover D. Findings Under Municipal Wetlands Bylaw or Ordinance i. |aa municipal wetlands bylaw or ordinance applicable? M Yes El NV c. The North Andover hereby finds (check one that app|iea): C—onservation Commission a. FlMhatthVpropoeedvvorkconnotbeonnd|Uonedb) meetthonbandanjaeeiforthina municipal ordinance or bylaw, specifically: 2.'Citation -- Therefore, work on this project may not gVforward unless and uoU| a revised NoL|un of Intent is submitted which provides measures which are adequate to meet these standards, and e final Order of Conditions ieissued. b. F] that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North Andover Wetlands Protection Bylaw& Regulations Ch. 190 1.—K uniu|pa|Ordinance orBylaw mcaeq 3. The Commission orders that all work shall be pet-formed in accordance with the following c0Rd|U0Ds and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the p|ano, opeoifioationo, or other proposals submitted with the Notice Vf 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 e text dooumenU: North Andover Conservation Commission Findings wpaform5,do"'rev mm202.m Page mofm ' 4 K8assochuseftsDepai-timientof Environmental Prntentpn Bureau Df Resource Protection -Wetlands L) IV�as s--YDE P.File# �� Order � Conditions �=u v� Form � — °�� " `��Uons Massachusetts Wetlands Protection Act M.G.L. u. 131. G40 eDEPTm mi # E. Signatures This Order is valid for three years, unless otherwise specified as a opooiu| condition pursuant to General Cvnd|Uono#4.from the date of issuance, 1 Date � suance Please ind|c�mthe number cfmvmbem who will sign this form. This Order must be signed byo majority of the Conservation Commission. z. Number vfSigners The Order be mailed by certifiedmail 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 riot filing electronically,and the property owner, if different from applicant. Printed Name Signature Printed Name - CIA Signatu Printed Name naft re Printed Name - Signature Printed Name 'S-Ig—natu re— Printed Name 17 by hand -_._' on � bvnmdified mail, return receipt requested, on Date Date 4 Massachusetts Department u{Environmental Protection Provided byma000er: Bureau Of Resource P[Of8CfiOD - Wef8QdS 842-1878 �� Order � Conditions ��u ^� Form � — ~�� o "��K��ons ILI Massachusetts Wetlands Protection Act K8.G.Lo. 1J1. G4O en�pTnanoeohnn# North Andover CityfTown 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 oftheir righttnrequeo the appropriate KAesnQEP Regional Office bo issue e Superseding Order of Conditions. The request must be made by certified mail or hand delivery b)the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the DEipartment's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Pnavioum participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the oioem of the public heering, requesting o 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(W1.G.Lo. 131. §4O). and ia inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. npa*rm5,m*'rev 5n812u20 Page uofw 4 � Massachusetts Department of Environmental Protection Provided»yMussosp � Bureau Of Resource Protection -Wetlands 242-1870 �� 0� �� x� � Conditions --'-- —' mm" ^� Form � �� m�u�� ^��^Uons Massachusetts Wetlands Protection Act M.G.Lo. 131. §4O moff PTmnaa� 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 of the land subject to the Order. In the case of naBisbaned land, this Order shall also be noted on the Land Court CarUOoaha of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted hz the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped bv the Registry of Deeds and submit to the Conservation Cor�[�i��iV{}''_— _'_ '' _-_-' -__--___- —'— — _ __-_-'__'------_-__'-'-_ ---'--''-- To: North Andover Conservation Commission Please be advised that the Order nf Conditions for the Project mt: 175 O 242-1870 Project Location MassDEP File Number Has been recorded a[the Registry Vf Deeds of: Essex North County Book Page for:for: B and Taylor F<id| and has been noted in the chain of title of the affected property in: 16238 8 Book Page |n accordance with the Order of Conditions issued on: 8-4-23 ow0a If recorded |and, the instrument number identifying this transaction is: 14—strume-n-t Number |f registered land, the document number identifying this transaction is: ignature of Applicant °vf^mu.d" `e.mnuomo Page mmm 175 Olympic Lane 4242-1870 Findings of Fact Current Project ject Site Conditions: The 1.05-acre project site currently consists of an existing single-fan-dly dwelling constructed in 1980,with associated septic system, driveway, deck, walkways, lawn, landscaping and utilities, The NACC agrees with the delineation of the following wetland resource areas as reflected on the approved plan, and reviewed and confirmed as accurate by the Conservation Administrator. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. • Bordering Vegetated Wetland (BVW) Wetland Flags A-1 thru A9 • Riverfront Area (MAHW) Flags MA-1 thiu MA-10 • 100-Foot Buffer Zone to BVW • The property is within the 200-foot Riverfront Area of Boston Brook • The property does not lie within NFIESP Priority I labitat • The property contains 100-year floodplain (BLSF) elevation 95 (NAVD88) • The on-site resource areas are not known to contain certified or potential vernal pools based. on NIJESP mapping and on-site observations 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 roposals submitted with the Notice of Intent, the conditions , shall control. GENERAL CONDITIONS 21. The proposed work includes: demolition of an existing rear deck and stairs, the construction of a new 12' x 28' deck with stairs and 14" x 22' addition with paved apron. The addition will house a garage below and a living space above. Proposed work' is to take place within the 100' Buffer Zone to the BVW and within the 200' Riverfront Area to Boston Brook. The addition will be 50.4' from.the BVW, and the new deck will be 50.8' from the BVW at their closest points. Portions of the new deck and addition are just inside the first 1.00 feet of the Riverfront Area. The addition is coming approximately 2.0' closer to the river than existing built structures. The applicant is proposing to install 12 highbush blueberry bushes as Riverfront mitigation. The following Riverfront Calculations were provided and reviewed by the NACC: ® Total Riverfront Area(RA) on parcel: 33,222.3 s.f. 175 Olympic Lane fl242-1870 NACC Findings&Special Conditions Page 1 of 13 175 Olyinpie Lane#242-1870 0 10% of I .A.on Parcel: 3,322.23 s.f. ® Existing Degraded RA: driveway (1,229.84 s.f.) +dwelling, deck,walkway(1,917 s.f.) — 3,146.84 s.f. 0 Proposed Degraded RA: 3,146.84 (existing degraded RA)-- 320.4 (footprint of existing deck and stairs) + 333 (proposed addition and paved apron---deck is exempt)=3,159.44 0 The above calculations leave 163 s.f. available for future Riverfront impacts. 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 attaclu-nents filed by: Ryan and Taylor Riedl 1.75 Olympic Lane North Andover, MA 01845 Project Engineer &Wetland Consultant: Williams and Sparages I.J-.0 189 North Main Street Middleton, MA 01949 Approved Site Plan & Documents: ® "Plan to Accompany Notice of Intent 175 Olympic Lane" prepared by Williams and Sparages, [-.I..C, signed & stamped by Peter M Blaisdell Jr., scale 1" = 20', revision dated June 8, 2023. 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 175 Olympic Lane 4242-1870 NACC Findings&Special conditions Page 2 of 13 175 Olympic Lane#242-1870 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 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 ihim days (30)prior to the expiration date of the Order (Refer to Section 8.3) of the North Andover Wetland Regulations). 30. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 31. Where the Department of Envirom-nental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Conunission 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') No- Disturbance Zone and a fifty foot_(5(Y)_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 Sect-ion 3.4 & Appendix F of the local Regulations). 33. The applicant, homeowner their successors in title and their contractors are advised that NO other work on the property is allowed under this permit. The NACC has 175 Olympic lane/1242-1870 NACC Findings&Special conditions Page 3 of 13 175 Olyinpie Lane#242-1870 jurisdiction over all of the wetlands and associated 1.00-Foot buffer zones site and any work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes, but are not limited to, house additions, pools, patios., decks, sheds, fences, garden beds, landscaping and bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be held to the current standards under the Bylaw and WPA and must be reviewed under a separate application submitted to the Conservation Commission. 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 personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title agree that 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. 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 175 Olympic Lane 11242-1870 NACC Findings&,Special conditions Page 4 of 13 175 Olympic 1,aiie#242-1870 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 check payable to the Town of North Andover shall be provided in the amount of two thousand five hundred ($2,500) 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 corru-nencement 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. 40. 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 "Mass. DEP #242-1870." 41. 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. 42. It is the responsibility of the applicant, owner, and/or successor(s), and/or their agents or contractors 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. 43. Wetland flagging 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. 175 Olympic Lane#242-1870 NACC Findings&Special Conditions Page 5 of 13 175 Olympic Lane H242-1870 44. At a minimum, a-row of staked 12" mulch sock (Filtrexx SiltSoxx or equivalent) shall be properly installed between all construction areas and wetlands as shown on the plans approved and referenced herein and amended by this condition 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 tWs 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, 45. The applicant/contractor shall have on hand at pre-construction meeting, removal or stockpiling, additional 50 feet of mulch sock and sufficient stakes for staking, 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. 46. The applicant shall designate a Wetland Scientist (or other environinental 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. 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. 47. 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 Ws/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 axe being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor 175 Olympic Lane 4242-1870 NACC Findings&Special conditions Page 6 of 13 175 Olyinpic Lane#242-1870 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. 48. Prior to any work on the deck demolition or new structures, the proposed Riverf-ront mitigation planting shall be completed. The plant installation shall be overseen by the project wetland consultant to ensure proper planting techniques and positioning within the mitigation area. 49. The Riverfront mitigation planting area shall be monitored for 2 full growing seasons post installation. The project wetland consultant shall inspect plants for health and vigor and any dead or dying plants shall be replaced within that 2-year period. The wetland consultant shall provide yearly monitoring reports detailing his/her observations and any replaced plant material. 50. After the mitigation planting is complete, but prior to demolition/construction and in time for the pre-construction meeting,not less than six (6) wetland markers, mounted on 4x4 pressure treated or cedar posts, or other weather resistant material shall be installed along the limit of the 25-foot no disturb zone. TI-tree of the markers shall be positioned equidistant in front of the mitigation-planting area at 25" intervals, and the remaining markers shall be installed equidistant on either side of the planted are, with the north and south property line each receiving a marker. Said markers shall incorporate the following text on their upland side: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. Said markers are available for purchase in the Conservation Department at Town Hall. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 51. Prior to any work commencing on-site, the applicant (or their contractor) shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 52. Prior to the applicable construction phases, the closest corners of the proposed addition and deck shall be surveyed and flagged/staked in the field with an adequate number of 5-foot off-set stakes on the wetland side. The Erosion Control Monitor shall ensure these stakes remain in place throughout the construction phases until these phases of work are completed. 53. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have 175 Olympic Lane 0242-1870 NACC Findings&Special conditions Page 7 of 13 175 01yinpic Lane 4242-1870 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-construction meeting with the Conservation Department, and Conservation Department sign off will not be granted until pre-construction conditions are satisfied. 54. 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. 55. 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, presentative, the contractor, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STCJ1iMWATER MANAGEMENT CONDITIONS 56. 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. 175 Olympic Lane#242,1870 NACC Findings&Special Conditions Page 8 of 13 175 Olympic Lane 4242-1870 57. 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 1 ig ill 11,111 lill 1 58. IMPORTANT: Immediately upon completion of installing the addition foundations, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundations location and their proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. [Failure to comply may result in a stop work order for the site.] 59. The applicant, owner,their employees and successors in title are placed on notice that the proposed addition and deck are to be located 50.4' and 50.8' from the wetland respectively,which is,just outside of the NACC 50-Foot No Build Zone. This leaves virtually no room for error in the citing of these structures relative to the wetlands and still remain in required compliance with the 50" NBZ. 60, Upon beginning work, the applicant/erosion control monitor shall submit written progress reports 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. 61. 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 or an analysis certifying cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. 62. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wet-land Protection Act and/ or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. The Erosion Control Monitor shall oversee all dewatering activities to ensure compliance. 175 01 Lane 11242-1870 NACC Findings&Special conditions llage_9_Of 13 175 Olympic Lane #242-1870 63. The existing driveway shall serve as the construction entrance for the project. Paved areas shall be swept daily to remove sediment deposited by construction vehicles accessing the site. 64. 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. 65. All materials stockpiling area shall be at the location marked on the approved plan and in a manner that will not result in erosion beyond the limit of work into the buffer zone or wetland. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 66. 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 dumpsters will be allowed within 50 feet of the edge of BVW. 67. Vehicles and machinery shall not be washed or refueled within 100' of a wetland resource area. Cement trucks shall not be washed out in any wetland resource or buffer zone area, and any surplus concrete shall be properly disposed of off-site. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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 70. The Riverfront mitigation planting area shall be allowed to naturalize without performing any routine residential landscaping treatment thereon. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 71, 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 175 Olympic Lane H242-1870 NACC Findings&Special conditions Page 10 of 13 175 Olympic 1,ane#242-1870 Conditions and shall run with the title of the property. This condition is issued under the authority of theTown's Wetland protection Bylaw. 72. 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. 73. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland resource area, 74. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 75. 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. 76. 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. 77. 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. VVPA 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 Conimission. i. Check, payable to the Town of North Andover, for Certificate of Compliance filing fee (inquire with Conservation Department for current fee rate). 175 Olympic Lane#242-1870 NACC Findings&Special Conditions Page 11 of 13 175 Olympic Lane#242-1,870 j. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Coiru-nonwealth, 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. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes ALiy disturbance of soils or vegetation. 78. 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 setbacks as established under the local Bylaw (Condition #32); ➢ Any other work requires separate review and permit by NACC (Condition #33); Resource area markers (Condition #50); > Discharge or spillage of pollutants (Condition#69); > Riverfront mitigation planting area left to naturalize (Condition #70); > Prohibition of underground fuels (Condition #71); > Limitations on the use of fertilizers, herbicides, sodium based de-icing compounds and pesticides (Conditions #72 & #73); > No dumping of leaves, grass clippings,brush, or other debris into the wetland resource areas or the 25-foot No-Disturb Zone (Condition #74). 175 Olympic Lane 4242-1870 NACC Findings&Special conditions Page 12 of 13 175 Olympic Lane H242-1870 APPENDIX A-AFFIDAVIT 11 on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) I 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. &-/or 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that have received said Order of Conditions---,—______ and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this—day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this—day of---------- 19 (Signature-authorized agent of applicant or owner) 175 Olympic franc#242-1870 NACC Findings&Special Conditions Page 13 of 13