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HomeMy WebLinkAbout242-1875, 101 Colonial Avenue OOC - Permits #242-1875 - 101 COLONIAL AVENUE 12/15/2023 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions assDEP File# .......... Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Ll North Andover -cif n'........ ........................... A. General Information Please note: North Andover this form has 1. From:been modified Conservation Commission with added 2. This issuance is for space to a.Z Order of Conditions b.❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Hannah Kowalski a.First Name b. Last Name Important: When filling Dandelion Energy ...out forms on c.Organization ------------ the 333 North Bedford Road, Suite 220 computer, d.Mailing Address use only the tab key to Mount Kisco NY 10549 —---------------------------------- move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. V Naresh Bhatia -Qa.�irstName -----------..................... b.Last Name c.Organization 101 Colonial Avenue d.Mailing Address North Andover MA 01845 .......... —----- .......... e.City[Town f.State g.Zip Code 5. Project Location: 101 Colonial Avenue North Andover a.Street Address b.City/Town Map 107E Lot 128 ------------------- ...... c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d63m565s -71d08m8161s d.Latitude e. Longitude wpaform5.doc-rev 5/1 812 02 0 Page 1 of 13 | � 4 � � | � Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau Of Resource Protection - Wetlands 242-1875 � ������� �� �� Order � Conditions ---- —' ��" �m Form "� �� ���K�K�� ��n ������x�D�������� Massachusetts Wetlands Protection Act K8.G.L. u. 131. §40 eDEP Transaction w � � North Andover A. General Information /COOt.\ 0. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): NothemEsse a.County b.Certificate Number(if registered land) 4838 2 c.Book d. Page 7. Dates: Dotober4 2023 Oenember13 2023 Oecember15 2023 a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): � Detailed Site Plana. Plan Title Hayes Engineering, Annotated bv Ryan C � Dandelion Ene c.Signed and Siompndky � Deoanobar1 �O23 1"=3O' � � | inal Revision Date e.Scale See Attached List nf All Approved Doce andP| f.Additional Plan or Document Title g, Date B. Findings 1. Findings pursuant(o 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 |n which work |o proposed is significant to the following interests of the Wetlands | Protection Act(the Act). Check all that apply: | u �� Prevention of a. �� Public � �l Land �� �� � �� Pollution � d. �� Private �� �� Fisheries L 0prVbaction of � �� ^~ Wildlife Habitat . | q. Z Groundwater Supply h. Z Storm Damage Prevention i Flood Control 2. This Commission hereby finds the project, asproposed. im: (uheokoneoftheh>Umwn0bnwas) Approved subject to: o. Z the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall � be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order, To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. 4 Massachusetts Department of Environmental Protection Provided hYMansDEp: � Bureau of Resource Protection - Wetlands 242'1875 ����� � � Order � Conditions mmo x� Form � �� �������� ��u ~������U�Kons Massachusetts Wetlands Protection Act k8.G.L. c. 131, S4O eoEp Transaction# North Andover B. Findings (cont.) Denied because: b. El the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therofore, work on this project may not go forward unless and until a new Notice nfIntent is submitted which provides measures which are adequate tu protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. o. [J the information submitted by the applicant is not sufficient todescribe the site, the work, or the effect of the work on the interests identified in the VVaUaodm Protection Act i � Therefore, work on this project may not go forward unless and until revised Notice of Intent is submitted which provides sufficient information and includes measures which are � � adequate to protect the Aot's interests, and a final Order nf Conditions ia issued. A description uf the specific information which is lacking and why it is necessary is attached to this Order as per31O CK0R 10.05(6)(c). 3. 0 Buffer Zone |nnpaoha: Shortest distance between limit ofproject —46' � disturbance and the wetland resource area specified in31OCN1R1U.O2(l)(a) w�rnemrfmm | � Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement * Bank | � Fl`� a linear lfeet -- lb.linear feeF-- c.lineaFfeet-- d.linear feeJ-- o. [l Bordering Vegetated Wetlanda.—square fWei h.mquomk»mt c.oqumvefeot d.square feet V. Land Under VVatorbodics and a.square feet uquow heo( o.square feet- ' d.square feet Waterways T Bordering Land SubjoottoF|ood|n� e�mquo,ufoo� ��aquae f u�wei oquomheot d",aooan *ae�y Cubio Feet Flood Storage �.���G�°m��� /��E*�6�--' g.Cubic feet 6�cvmc feet--- D. R Isolated Land Subject hoFlooding m.square feet b.square feet Cubic Feet Flood Storage '�\��c neet -- d.cubic feet-- e.cubic feet-- f.cubic feet -- � 8. [] RivedrontAreo a.total sq.feet Wl­ Sqftwithin1O0M c.square feet d.square i "e.square feet f.square feet Sgft between iO0- 200ft A.square feet h.square feet— ieqoaefnot ).square feet � wpaform5.dm'rev axm202v Page uofm � � 4 � � | Massachusetts Department uf Environmental Protection Provided by MassDEP: Bureau Df Resource Protection - Wetlands 242'1875 assD ������� �� �� ���^� � Conditions — _ � _' ��u �� Form ~� �� ��"v���� ��� ������wu�*U��K��� ILI K8@aeGchuneUoVVet|aDdaProtection Act Kn.(�.LC. 131. §4O moeP�anomxion# � North Andover B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1U. Fl Designated � �~ Indicate size under Land Under the Ocean below � Areas ' 11 [-] Land Under the (}oaan a.square feet b.square feet 12 Indicate size under Coastal Beaches and/or(�nanha| Dunes | ' � �Fl~ Barrier Beaches below � 13 �] Coastal —~ ~~ yd � a.square feet b.square feet c.nourishment ��o"u-r1s vment- i 14. [] Coastal Dunes `~yd ~° yd a.square feet b.square feet c. nourishment d.nourishment 15 [] Cn�nha| Bamka� ��inear fii�i-- -6-linear feet �� 16. F7 Rocky Intertidal Shores o.square feet are feet 17. 171 Salt Marshes a.square feet -6.sq"u"a"r e feet,-, c.square feet d.square feet 18, El Land Under Salt Ponds m.square feet b.square feet 19. Fl Land Containing Shellfish o.square feet b.nquumfvo� n�nquom�n� d�aqoumf*pt 20, El Fish Runs Indicate size under Coastal Banks, Inland Bonk. Land Under the Ocean, and/or inland Land Under VVaterbodioaand Waterways, above a.c/y dredged ged 21. 11 Land Subject to Coastal Storm m.square feet b.square feet Flowage 22. �l Rivmdion(A�eo �~ m.total sq.feet o.total sq.feet � Sgftwithin 100ft c.square feet d.square feet e.square feet f.square feet Gqftbetween iOO- ________. 200# g.square feet h.square feet i square feet j.square feet °p"formn.un=^rev e,mzmo Page 4"/10 | 4 / Massachusetts Department of Environmental Protection Provided»yme^ osp: / 2421875 / Bureau Of [�eGOU[c9 Protection - �/8tl@OdG ' I. �����J� �� U� Order � Conditions �� �� ��u �� Form ~� -- �������� ��" ������^�U��ons Massachusetts Wetlands Protection Act M.G.L. c. 131. 0�O anEPTmmnovhvn# � ~ � North Andover � | B. Findings (cont.) `#23 If the 23, [l Restoration/Enhancementproject is for ^� the purpose nf restoring or enhancing a a,square —square feet- -salt marsh — wetlandresource area 24. 0 Stream Cnzaeing(a): in addition to the square footage that a.number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.s.c (B\xN)or a.17.c(sox Thefo|knwinWmmnditionsaraon|yappUcab|wbuApprmvndprojects. Marsh)above, 1� Failure h000nnp|ywith uUconditions stated herein, and vvithmU related statutes and other please enter the additional regulatory rneoouvan, 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 tophwatoproperhyor|nvaoionofpr|voterighto. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, abahe, or local atotutes, ordinances, by|oxvm, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order un|mem either ofthe following apply: o. The work is m 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 |aea than five yeans, from the date of issuance, If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth mom special condition in this Order. c. |f the work is for Toe( Project, this Order ofConditions 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 Vf the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, oub|e��tnthepn�viuinnoof�1O � ' � CK8R 10.05M1>AR. 0 |fUb� O��rnnn��u�� anA��dedO�gro�[�ndiUoms this � . � Conditions does not extend the issuance date of the original FinolOrderofCondUjoneand ! the Order will expire on unless extended in writing by the Department. � 7. Any fill used in connection with this project shall be clean 0L Any fill shall contain no trash, � refuae, rubbish, or debris, including but not limited to lumber, bhcka, plaster, wire, |oUl. � papar, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, cv parts of any ofthe foregoing. 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242 1875 WPA Form 5 — Order of Conditions Ma-s"sb"EPFile## Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eD Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1875 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12, Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition##13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doc rev 5/18/2020 page 6 of 13 / 4 Massachusetts Department of Environmental Protection Provided byMassDEP: � 242-1875 � Bureau of Resource Protection - Wetlands ����� � � Order � �� �.�~ �mw ^� Form � — "����� ��m `�����UuUons Massachusetts Wetlands Protection Act M.G.L. C, 131. &40 eDEPTranmmm|nn# ILI North Andover ityrrown C. General Conditions Under Massachusetts Wetlands Protection Act /coDt.\ 17. Prior ho the start of work, and if the project invo|vesworkadiacenttooBorderingVe0etehed Wetland, the boundary nfthe wetland in the vicinity nf the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have � been fully stabilized with vegetation or other means. At no time shall sediments be � deposited in a wetland or water body. During cnnotruchon, the applicant or his/her designee � shall inspect the erosion controls nna 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) ie subject to the Massachusetts StormvvotarStandards � (2) M io NOT subject to the Massachusetts Ghormwoh*rStandards � � |y the work is subject hothe Stonnvvatwr Standards, then the project |emub|*ctbmthe following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution � Prevention Plan required by the National Pollution Discharge Elimination System � Construction General Permit aa required byStormnwoher Condition 8. Construction period | erosion, sedimentation and pollution control measures and best management practices � (BK4Po) shall remain in place until the site |e fully stabilized. b\ No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BK8Pe intended boboconverted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that � the BMP has been properly cleaned or prepared for post construction operation, including � removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineor, certifying the site is fully stabilized; /ii. any illicit discharges to the stormwater management system have been removed, as per the requirements ofSturnTweharStandard 10; *raf*mo.^""'rev w1oumv Page/or/u 4 Massachusetts Department of Environmental Protection Provided b9Ma»unep: � Bureau of Resource Protection - Wetlands 242-1875 K������ K� �� Order � Conditions �� File�� ��" x� Form � — v������ ��u `������Uu����� | � Massachusetts Wetlands Protection ActM.G.L. c. 131. O40 eDEp transaction# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction atnrmvvoterBKAPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. o> The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Shomnvvahar 8K8Po identifying the party responsible for implementing the stormowator BW1P 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 sh7rmwater management BN1Pgand implement the Storrnwoter 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 Shnrmvvabar Report and, (f applicable, the Stormwabar Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. g> Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BK8P. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement ofrecord, acceptable tothe issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements ofConditions 18(Mthrou0h 18(k)vv|th respect bothat BW1P. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)vvith respect to that BW0P shall be av|o|atinn of the Order ofConditions or Certificate of Compliance. |n the case ofotormvvebar8yNPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will ba serviced by the atornuwo1er DN1Ps. 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 8tormwebarHanUbook. � wpaform5,*='rev 511mmm Page oofm 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1875 WPA Form 5 ® Order of Conditions MassDEP Fife# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (coat.) g) The responsible party shall. 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development.Site Design Credits) shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance„ repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.doc•rev 511 812 02 0 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDE=P: Bureau of Resource Protection - Wetlands 242-1875 WPA Form 5 ® Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover Ciiy/town D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: .Municipal ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw& Regulations Chap. 190 -- — 1.Municipal Ordinance or Bylaw et. seq. 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): North Andover . FindingsSpecial.. g p _ . ....... .. . ( ). wpaform5.doc•rev 5/18/2020 Page 10 of 13 | 4 | Massachusetts Department mf Environmental Protection Provided uvme000sP: 242'1875 Bureau of ��eS0U[c8Protection - �Vetl8DdS �����J� K� �� Order � �� x�~�~ ----- ' ^-'' L� li n�u �� Form � �� "����� �� ~����~�U��ons Massachusetts Wetlands Protection Act M.Gl. C. 191, §40 11 � North Andover E. Signatures This Order|mva|NkxUhnaeymom. unleaoodnenweoopedfiodanuapmoia| condition pursuant 8m General Conditions#4. from the date ofissuance. 1.Date ofIssuance Please indicate the number of members who will sign this form. This Order must bo signed bya majority of the Conservation Commission, 2.NvmbarvfSigners The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Printed Namr Printed Narne gnature Printed Name ignature > Printed Name Signature Printed Narne Sil re Printed Narne §Wnmmre Pd11 11 n 11 mdName � | / [� bv hand delivery un by certified mail, return receipt | / requested, on � � � � � 4 � Massachusetts Department of Environmental Protection Provided»YwoxoosP: � �421�7� �}UPB8UOfF�eGDU[C8 Protection - \A/8flGOdS - ������� �� �� ���e� � Conditions ---- — ' �nn ^� Form � �� "�o�m��� �� `����v*U�K���� Massachusetts Wetlands Protection Act W1.G.Lc 131, §40 aDEp Transaction# North Andover F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject hz this Order, nr any ten residents of the city or town in which such land iolocated, are hereby notified of their right horequest the appropriate KAoemDEP Regional Office k) issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery huthe Conservation Commission and hu the applicant, if he/she ie � � not the appellant. � Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review ofthis project, Previous participation in the permit proceeding means the submission of written information to the � Conservation Commission prior hu the close uf the public hnoring requesting � ' | 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 bothe protection of the interests identified in the Massachusetts Wetlands Protection Act(W1.(3.Lo. 131. §4O), and is inconsistent with the wetlands regulations (310 CIVIR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has nn appellate jurisdiction. / � � � °wm"rmo.do 'rev sneomo Page omm 4 K0oaaoohusaths Department m{Environmental Protection Provided byMunaDep: 242-1O75 Bureau OfResource Protection - Wetlands ������� K� �� Order � Conditions -- - ' ' m�x v� Form � -~ .������ ��n `����vmUuU���� 8�assgchVsettSVVet|@Dd8Protection /\CtW1.(�.LC. 131. G40 eDEPTrmnoamion# North Andover ' G. Recording Information Prior to commencement of work, this Order of Conditions must bo recorded in the Registry Vf 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 tothe 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 bn submitted ho the Conservation Commission listed below, North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. - - -'- '' '' -- - - - -- - -' - ' - - To: North Andover Conservation Commission Please ba advised that the Order nf Conditions for the Project at 1O1 Colonial Avenue 242-1875 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page for NareshBhuUa Property Owner and has been noted in the chain of title of the affected property in: 4888 2 |n accordance with the Order of Conditions issued on: 12-15-23 |f recorded land, the instrument number identifying this transaction is: Instrument Number |f registered land, the document number identifying this transaction is: 101 Colonial Avenue DEP FILE # 242 - 1875 Findings of Fact Current Project Site Conditions: The 0.65-acre project site currently consists of an existing single-family house and associated appurtenances constructed in 1997. Approximately 1/2 of the property in the rear contains a wooded bordering vegetated wetland. A majority of the remaining front 1/2 of the property is is located within the 100-Foot Buffer Zone, with the house having been built in compliance with the 50-Foot No Build Zone based on the 1997. wetland delineation for that subdivision. Previous Permit History: ® The OOC #242-634, issued. in 1993, governed the construction of a 29-lot residential subdivision with associated roadways, utilities, wetland replication and stormwater management structures. House lots were not individually permitted under separate NOI's, so the subdivision plans served as lot development plan. A partial CofC was issued in June of 2023 releasing this lot from the old OOC. The North Andover Conservation Commission (NACC) agrees with the delineation of the following wetland resource areas as reviewed in the field by the Conservation Administrator and 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 1A - 6A b. 1.00-Foot Buffer Zone to BVW c. The property does not contain 200-Foot Riverfront Area d. The property does not lie within the 1.00-year floodplain e. The property does not lie within NHESP Priority Habitat f. The BVW resource areas do not contain certified or potential vernal pools based on NHESP mapping. Therefore, the NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/approved plans referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDTTIONS 21. The proposed work includes: installation of geothermal wells to replace the current energy source (oil). The wells will be -84 feet from the BVW, and trenching for 1.0I Colonial Avenue I EI'File#242-1875 NACC Findings&Sl)ecial Coitditions Aare I of 13 101 Colonial Avenue DEP FILE # 242 - 1875 connection to the house is —46frorn the BVW. All of these features are within existing lawn. Depth of the wells —300'. The existing AC chiller unit (in the 50' NBZ) is being replaced with an Air Source Heat Pump which will be mounted on to the side of the house. Specifications for the drill rig and associated containment have been provided, which include outfitting the drill rig with a diverter that creates a seal between the borehole and drill rods and discharged into a nearby dumpster. Erosion controls are proposed to envelope the entire area of work. 22. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent and associated attachments, narrative, sediment and runoff containment system specifications filed by: Hannah Kowalski, Dandelion Energy on behalf of property owner Property Owner: Naresh Bhatia 101 Colonial Avenue North Andover, MA 01,845 Representative: Hannah Kowalski Dandelion Energy 333 North Bedford Road,Suite 220 Mount Kisco, NY 10549 Site Plans & Documents: * "'Plan of Land in No. Andover, Mass, Detailed Site Plan, Page 1" with annotations by Dandelion Energy Prepared by Hayes Engineering, Inc. Signed and stamped by Ryan J. Carda,PE Scale 1"=30' Final revision dated December 1, 2023 0 "Plan of Land in No. Andover, Mass,Proposed Erosion Control Plan,Page 2" with annotations by Dandelion Energy Prepared by Hayes Engineering,Inc. Signed and stamped by Ryan J. Carda,PE Scale V'=30' Final revision dated December 1, 2023 0 Safe-T-Therm GRAS Product Data Sheet 0 Ultra-Dewatering Bag Specification Sheet 21. 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 101 Colonial Avenue DEP File#242-1875 NA(CFijidiiigs&Special Cojiditioiis Page 2 of 13 101. Colonial Avelliue DEP FILE #242 - 1875 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. 22. 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. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property, 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 1.0.00), 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. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order, 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Sectiori 8.3) of the North Andover Wetlatid Regtdatiotts), 29. 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. 101 colonial Aventic DEP File#242-1875 NACC Findings&Special Conditions Page 3 of 13 101. Colonial Avemic DEP FILE #242 - 1875 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Con-anission shall be a party to all agency proceedings and hearings before the Department. 31. 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 Linder the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. Any future work proposed within the 100-foot buffer zone on site aside front that which is approved under this Order must be permitted separately with the NACC. (See Sectioii 3.4 &Appeiidix F of the local Regi.datiom). 32. 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 permit's 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. 33. 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. 34. 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 35. 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. 10 1 colonial Avenue DE'll File#242-1875 NACC Findings&SI)ccii]Cojiditioiis Page 4 of 13 101 Colonial Avenue DEP FILE 4 242 - 1875 36. 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. 37. A check payable to the Town of North Andover shall be provided in the amount of two thousand dollars ($2,000) which shall be in all respects satisfactory to Town Counsel, 'Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said check shall be accompanied by a copy of the recorded Order of Conditions and an up to date W9 Form as filled out by the party posting this bond. 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. 38. 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. 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. 10 1 Colonial Avenue DEI'Pile#242-1875 NACC Fitidiiigs&Special Conditions Page 5 of 13 101 Colonial Avenue DEP FILE # 242 - 1875 39. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized or drilling operations are occuring, the Monitor shall submit a written report with photographs to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The Erosion Control Monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 40. The proposed dewatering BMP (silt bag) shall be installed in time for inspection at the pre-construction meeting with the Conservation Department. 41. All dewatering shall be overseen by the Erosion Control Monitor. De-watering activities shall be monitored daily by the Erosion Control Monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin or other measures, to reduce turbidity prior to discharge into a resource area. 42. 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 "'Massachusetts DEP, File Number 242-1875." 43. Wetland flagging in the field 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. 44. Prior to work commencin the applicant shall permanently mark the 25-Foot No Disturb Zone with wetland markers if there are missing markers currently and/or markers are located within or too close to the wetland. The markers can be mounted on mature trees along the edge of the existing stone wall. The markers shall bear the following text: "Protected Wetland Resource Area". This will designate the wetland resource sensitivity and assure no further inadvertent encroachment into the wetland. Prior to installation in the field, the placement of these permanent markers shall be 101 colonial Aventic DE13 File 4242-1875 NACC Findings&Special Conditions Page 6 of 13 101 Colonial Avellme DEP FILL!, # 242 - 1875 subject to review and approval by the Conservation Administrator, The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Said markers are available for purchase in the Conservation Department at Town Hall. 45. As shown on the approved plan, a line of properly entrenched and staked silt fencing shall be installed between all construction areas and wetlands as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. 46. Prior to the conu-nencement of well drilling and in time for the on-site pre-construction meeting, the associated sealed dumpsters, drill diverter, dewatering bag and all other protective measures shall be installed and ready for inspection by the Conservation Department. 47. The applicant/contractor shall have on hand at the start of any soil distur I bance, removal or stockpiling, an additional 25 feet of mulch sock and sufficient stakes for staking 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. 48. Any/all additional erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 49. The erosion controls shall serve as the limit of work. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 50, Prior to any work commencing on-site, the applicant/contractor shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 51. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. 101 colonial Avenue DEP File#242-1875 NACC Findings&Special conditions Page 7 of 13 101 Colonial Avenue DEP FILE # 242 - 1875 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. 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. 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. 54. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all. construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g, 72 hours). STORMWATER MANAGEMENT CONDITIONS 101 Colonial Avenue DEP File 0242-1875 NACC Findings&Special conditions Page 8 of 13 JOI Colonial Avenue DPP FILE #242 - 1875 55. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION mmmi 56. Upon beginning work, the applicant/Monitor shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence and can be a part of the weekly erosion control reports. 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, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff. 58. No fuel storage shall occur on site during construction. Refueling of equipment shall be by fuel truck delivery to the site, 59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch bay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 60. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Mai-lager, or Conservation staff for as long as the site remains exposed and un-stabilized. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily. 61. 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. 62. A materials stockpiling area is proposed within the limits of the erosion controls. Protective measures shall be on hand to envelope this area should it be utilized. At no 1.01 Colonial Avenue DEED Fite NA(C Findings&Special Conditions Page 9 of 13 101 Colonial Avenue DEP FILE #242 - 1875 time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 63. 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. Iowever, no trash dumpsters will be allowed within 100 feet of the edge of BVW. 64. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 65. 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. AI?TL IZ CONSTRUCTION 66. 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. 67. 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. No road salt, sodium chloride or other de-icing chemicals shall be used on paved surfaces 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. 68. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 69. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 101 Colonial Avenue DLP File 4242-1875 NACC Fivi(Iiiigs&Special Coti ditioris Page 10 of 13 101 Colonial Avenue DEP FILE # 242 - 1875 70. The use of coal tar-Lased pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwa ter runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 71. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 72. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a, WPA Form 8A -- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c, The 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 reap/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Ladd 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" past-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. Y Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks, Y A line showing the limit of work and the extent of existing erosion control devices. "Work" includes Any disturbance of soils or vegetation. Y Location of all subsurface utilities entering the property. 87. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 101 colonial Avenue 17P,1'File#242-1875 NACC Findings&:Special Conditions Page 11 of 13 101 Colonial Avenue DEP FILE #242 - 1875 25' No-Disturbance Zone and a 50' No-Construction lone. Fixture 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 #31); Resource Area Markers (Condition#44); Discharge or spillage of pollutants (Condition #65); Prohibition of underground fuels (Condition #66); Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Condition #67); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #68); Prohibition of the use of coal tar based products for paving (Condition #70). 101 C'olunial Avenue DEP File#242-1875 NACC Findings&Special conditions Page 12 of 13 101 Colonial Avenue DEP FILE # 242 - 1875 APPENDIX A- AFFIDAVIT 11 ------------ on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1_ I am the - ...........of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP orNACC numbei) 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 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#) Si"ned under the pains and penalties of perjury this day of,___ 19 b —--——­­-­-(Signature-authorized agent of applicant or owner) 101 Colonial Avenue DE111,1101242-1875 NACC Findings&Special Comlitims Page 13 of 13