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HomeMy WebLinkAbout2022-04-05 Amended Order of Conditions WSP { 4 Massachusetts oepMment of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 WPA Form 5 - Order of Conditions MassDEP File 0 Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEP Transaction 0 North Andover City/Town A. General Information Please note: North Andover thls form lips t. From:been modified ConservatlortCommission with added Z, This Issuance is for spaceto a.❑ Order of Conditions b.®Amended Order of Conditions accommodate (check one): the Registry of Deeds 3.To; Applicant: Requirements Jeffrey penoncour a.First game b.Last Name Important: When fiiling The Trustees of Reservations out forms on c.Organizallon the 290 Argilla Road computer, d.Mailing Address use only the tab key to Ipswich MA 01938 move your e.cilyrrown r.Slate g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. r�6 a.First Name b.Last Name c.Organizat€on rcam d.Mailing Address e.cilyrrown f.State g.Zip Code 6. Project Location: -- 0 Stevens Street(Weir Hill Property) North Andover a,Street Address b.Cityfrown Map 36 Lot 8 o.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d69m0128s -71d10m2739s d.Latitude e.Longitude wpaformMoa-toy 511012020 Page 1 or 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 WPA Form 5 - Order of Conditions MassDEP File It ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 aDEP Transaction ft North Andover Cfty/Town A. General Information (cunt.) 6. Property recorded at the Registry of Deeds for(attach additional Information if more than one parcel): Northern Essex a.county b.certificate Number(if registered land) 1122 67 c.Book d.Page 7, Dates: Amend req. 02-10-22 Amend 02-23-22 03-16-22 a.hate Notice of intent Filed b.Date Public Hearing Closed c.Date of Issuance o. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Amendment Request of Order of Conditions(DEP#242-1779)for Habitat Management at Weir Hill Jeffrey Denoncour, TTOR Ecologist b.Prepared By c.Signed and Stamped by 02-10-22 d.Final Revision Date e.Scale See Attached List of Approved Plans& Documents f,Additional Plan or Document Title g.Date R. Findings 4. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based oil the Information provided In this application and presented at the public hearing, this Commission finds that the areas In which work Is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2, This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: 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. wpnform5,doo.rev sr101a02o Page 2 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 MassDEP Flie# Ll WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover citylrown B. Findings (cont) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth In the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions Is Issued. A description of the performance standards which the proposed work cannot meet Is attached to this Order. c. ❑ the Information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests Identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent Is submitted which provides sufficient information and Includes measures which are adequate to protect the Act's interests, and a final Order of Conditions Is Issued. A description of the specific information which Is lacking and why It is necessary Is attached to this Order as per 310 CMR 10.06(6)(c). 3. ® Buffer Zone Impacts: Shortest distance between limit of project <26' disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a,linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear at c,linear feet d.linear feet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 9. ❑ Land Under Waterbodles and a,square feet b.square feet c.square feet d.square feet Waterways e.cly dredged f.cly dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e,oubio feet f.cubic feet g,cubic feet h.cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet 1.square feet J.square feet wpeform5.doe rev 6l1012020 Pogo 3 of 43 1 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource protection -Wetlands 242-1779 WPA Form 5 -- Order of Conditions MasSDEP File# ILI Massachusetts Wetlands protection Act M.G.L. c. 131, §Q eDEP Transaction# North Andover citylrovrn B. Findings (cunt.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted proposed Permitted Alteration Alteration Replacement Replacement 1a. ❑. Designated-Port . . . Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b,square feet c.cly dredged d.cly dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a,square feet b.square feet c.nourishment d,nourishment 14, ❑ Coastal Dunes cu yd ou yd a,square feet b,square feet c.nourishment d,nourishment 16. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feel b.square feet 17, ❑ Salt Marshes a.square feat b.square feel c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.cly dredged ig. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Hanks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodles and Waterways, above i a.cly dredged b.cly dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 11'� 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d,square feet e.square root f.square feet Sq ft between 100- 200 ft g.square feet h.square foot I,square feet J.square rest vepaform5.doc rev 511 812 02 0 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP., Bureau of Resource Protection -Wetlands 242-1779 WPA Form 5 -- Order of Conditions MassDEP Flle# Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 eDEP Transaction if North Andover cityfrown B. Findings (cont.) 1123.It the 23, ❑ Restoration/Enhancement project Is for the purpose of restoring or a.square feet of BVW b.square feet of salt marsh entrancing a wetland 24 El Stream Crossin s resource area g( ): In addition to the square footage that a.number of new stream crossings b,number of replacement stream crossinga has been C. General Conditions Under Massachusetts Wetlands Protection Act entered In Section BAc (e )or The following conditions are only applicable to Approved projects. 8.17.c(salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional g y y amount here. 2, The Order does not grant any properly rights or any exclusive privileges; it does not authorize any Injury to private property or Invasion of private rights, 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work is a maintenance dredging project as provided for In the Act; or b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance, If this Order Is Intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition In this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year, 5. This Order may be extended by the issuing authority for one or more periods of up to three 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 applioant,subject to the provisions of 310 CMR 10,05(11)(0. 6. 1f this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the Issuance date of the original Final Order of Conditions and the Order will expire on 05-13-26 due to Covid State of Emergency unless extended in Writing by the department: 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper,cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the . foregoing. vrparorniMoc-rev 511012020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassbEP: Bureau of Resource Protection -Wetlands 242-1779 WPA Form 5 -- Order of Conditions MassDEP Fife# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction W 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 242-1779 " 11, Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified In Condition#13 above shall require the applicant to Inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation -- -- - Commission or-Department-for that evaluation. . 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpalorm5,don•rev NI O12020 Pago 0 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 MassDEP File 4 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.Q.. c. 131, §40 eDEP Transaction# ILINorth Andover cilylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cant.) 17. Prior to the start of work, and If the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall Inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also Immediately notify the Conservation Commission, which reserves the right to require additional erosion andlor 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)❑ is subject to the Massachusetts Stormwater Standards (2)® is NOT subject to the Massachusetts Stormwater Standards If the work Is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be Implemented In accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition a. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs)shall remain in place until the site Is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: f. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs Intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion Is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, Including removal of all construction period se men t trappe n n e#an ouE et contro s rue ures; Y. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site Is fully stabilized; f 1, any Illicit discharges to the stormwater management_system have been removed, as per the requirements of Stormwater Standard 10; wpafafmMoa•rev 5/1812020 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 MassDEP Pile# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction It North Andover LN1___1 Oltyrrown C. General Conditions Under Massachusetts Wetlands Protection Act(cant.) !v. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the Issuing authority, and have been Inspected to ensure that they are not damaged and that they are In proper working condition; v. any vegetation associated with past-construction_BMPs is suitably established to withstand erosion. c) The landowner is responsible for 1=3MP 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 Stormwater BMPs Identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan")and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified In writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the Issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of Implementing the requirements of Conditions 18(9 through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also Identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding f) The responsible party shall operate and maintain all stormwater l3MPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc rav 5110/2020 Page s of 13 4 Massachusetts Department of Environmental Protection Provided by Masst7EP; Bureau of Resource Protection -Wetlands 242-1775 WPA Form 5 -- Order of Conditions MasSDEP File 11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover CItyrrown C. General Conditions Under Massachusetts Wetlands Protection Act(cant.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location), 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and Inspect the site to evaluate and ensure that the responsible party is in compliance 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. 1) 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. 1) 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. kvpeform5.doc revEft612020 Page 9of13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 WPA Form 5 - Order of Conditions MasSDBP File 0 Massachusetts Wetlands Protection Act M,G.I„ c, 131, §40 eDEP Transaction ft ILI North Andover CltyCrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation commission a. ❑ that the proposed.work cannot be conditioned to meet the standards set forth in a --- ------ --- municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent Is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions Is issued. 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 Conservation Commission Findings&Special Conditions(see attached) %Ypaforrrm5.doc rov 611© ON Page 10 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP; Bureau of Resource Protection - Wetlands MassDEP t"B�� WPA Form 5 — Order of Conditions aSS Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactionILI t North Andover City/Town E. Signatures This Order Is valid for three years,unless otherwise specified as a special J r � condition pursuant to General Conditions 114,from the date of issuance. 1.Date of ssuance Please Indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,If not filing electronically,and the property owner,If different from applicant. Z�T, � •4 �P nled \ to A 1\ V' Signature printed NaTp Signature Prl ted Namfl Signature—� Printed Name i Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name ❑ by hand delivery on by certified mail, return receipt requested, on Date Date wparorm5.doo rev611012©20 f ego I of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1779 LL11 WPA Form 5 -- Order of Conditions MassDEP File 0 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactlon# North Andover cityrrown F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land Is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to Issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of Issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written Information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to Issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which Is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L, c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. NYpafafm5.do0-ray 5110I2020 Pape 12 Or 13 4 Massachusetts Department of Environmental Protection Provided by MassD: P: Bureau of Resource Protection -Wetlands 242-1779 WPA Form 5 - Order of Conditions INa3sDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction li Ll North Andover Cilylrown G. Recording Information Prior to commencement of worts, this Order of Conditions must be recorded in the Registry of Deeds or the land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions, The recording Information on this page shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of[deeds and submit to the Conservation Commission. ------------------------------------------------ To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: E ©Stevens Street(Weir Hill Property) 242-1779 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Boots Page for: The Trustees of Reservations Property owner and has been noted in the chain of title of the affected property in: 1122 57 Book Page In accordance with the Order of Conditions issued on: Amended OOC Issued on March 15, 2022 Date If recorded land, the Instrument number Identifying this transaction is: nstrumenE Number If registered land, the document number identifying this transaction Is: Document Number Signature of Applicant wpeform5.doc-rev 611e12020 Page 13 of 13 0 Stevens Street--Weir Hill—The Trustees of Reservations (TTOR)-- AMENDED Order of Conditiolt>Is DEP PILL ##242- 1.779 Tit►clh gs: Weir Hill Permit/Correspondence Histoiy: o 2009--TTOR report to Board of Selectmen (BOS)RE: prescribed fire management undertaken during April,May and November of 2008 utilizing State grant money. This program aimed to restore barrens habitat,reduce fuel loads on the forest floor and provide NAFD wildfire response training o 2010 --TTOR report to BOS RE: prescribed fire management undertaken during 2009 o 2014--Forest Cutting Plan to manage for barrens habitat management involving 14 acmes of canopy thinning and clearing on southwest slope of Weir Hill - o May 2014 --Friendly EO to Eagle Scout to construct a boardwalk over intermittent stream along Edgewood Farm Trail o May 2014--Friendly EO to TTOR to construct a boardwalk along Cochichewick Trail and perform shoreline erosion repairs consisting of split rail fencings, plantings, boulders and granite steps o July 2016--Friendly EO to TTOR to perform shoreline erosion repairs at Stump Beach and Pebble Beach, consisting of split rail fencing,plantings, small stone walls and signage Therefore,the North Andover Conservation Conunission (hereafter the"NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations,the local Bylaw and Regulations,to protect those interests noted.above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/approved plans referenced below. To the plans, ,n extent that the following conditions modify or differ from the pla specifications or other _ proposals submitted with the Notice of Intent, the conditions shall control, GENERAL CONDITIONS 20. The proposed work includes: The Trustees of Reservations proposes to perform activities for rare barrens and savannah habitat restoration, management and maintenance,that include heavy mowing,prescribed fire, invasive species management and canopy thituiing at its Weir Hill property (Map 36 Lot 8), A portion of Weir Hill contains approximately 80 acres of fire-influenced landscape,50 acres of which have undergone management;and continues to be managed through these - - - methods. Portions of the retraining 30 acres require management to achieve full habitat restoration success, This Amended Order governs a suite of these activities within the 100 Foot Buffer Zone that include heavy mowing of woody vegetation, prescribed fire and invasive species management. Canopy thinning will be performed under a Forest Cutting Plan (Plan #210-23696-20) as reviewed and approved by DCR, NHESP and MassDFW. Prescribed fire will be conducted in portions of the 25' NDZ, 0 Stevens Sired—Weir Hill--Tho Trtfslees of lteservollons DEP rile f1242-1779 NACC AMENDED Findings&S1)ccinl Conditions Page 1 of 14 0 Stevens Street—Weir Hill—The Tr•rrstees of Reservations (TTOR)-- AMENDED Order of ConditiO115 DEP FILE #242- ]779 but contained to the upland side of Lake Chochichewick shoreline trails. I-feavy snowing and invasive species management will be conducted between 50 and 100 feet from the shoreline. This site lies within the Lake Cochichewick Watershed Protection Zoning District and associated regulated zones. The applicant received a 2-Year Waiver from the Planning Board relieving the applicant from filing a formal Watershed Special Permit application with a condition that requires notification to the Board and abutters prior to site activities. Amended Scope of Work Involves: In December 2021,TTOR received a MassWildlife Climate Change Resiliency Grant that provides funding for an additional 13 acres of canopy thiluling to expand the restored barrens habitat front 47 to 60 acres, as well as routine habitat management activities to maintain all 80 acres of barrens habitat. A long-term Vegetation Management Plan/Operation& Maintenance Plan (VMP/O&M),will include the following activities: light canopy thinning and heavy mowing within the 60 acres of restored barrens and prescribed fire and invasive species control on all 80 acres of fire influenced barrens,and invasive species management. The VMP/O&M Plan will serve as a guide for future management, Portions of the canopy thinning&heavy mowing will occur within the 50' NBZ &100' BZ, but none within the 25' NDZ. An ephemeral pool was identified on site by the TTOR ecologist,work in this area is proposed at least 50-feet from the ephemeral pool. Some of the prescribed fire & invasive species control work will occur within.the 25' NDZ and wetland (note: the vernal pool does not have any invasive species right now but if surrounding invasive species are not controlled they could easily invade the pool) and an intermittent stream will be crossed temporarily (to be fully restored after construction) to access management areas. A waiver request has been submitted. The Commission finds that the applicant has demonstrated there are no practicable alternatives to performing the work outside of the 25' NDZ or avoiding the intermittent stream as the target habitat is located within this zone and in upland areas separated by the stream channel, and the advance of any invasive species into the buffer zone or wetland necessitates active management therein. Canopy thh-a-ing will be performed tinder a Forest Cutting Plan (Dated March 15, 2022) as reviewed and approved by DCR, NHESP and MassDFW. All activities are located within the Watershed Protection District,and the-Trustees - - will be appearing before the Planning Board on March 15,2022 to request a full Watershed Protection District Special Permit, that includes long-term VMP/O&M. The Corrunission is issuing this OOC in advance of a Planning Board decision due to the fact that a waiver from the Special Permit process has been granted prior, and therefore setting an expectation that the Board will approve the Special Permit. 0 Stevens Sheol—Weir Hill—The Truslees of Roscrvnllwis DEl=Pilo 1l242-1779 NACC AMENDED Findings R Speclnl Condillons Page 2 of 14 0 Stevens St>1•eet--Weis•Hill--The T�tlstecs of Reservations (TTOR)-- AMUNnrn ns-do,•of!'n„r�i in„c VWP TtTT.7i A*)A� _ 1'77A Work areas will be accessed by tracked forestry equipment using existing dirt pathways whenever possible, and crossing of an interzuittent stream by constructing a temporary bog bridge, as well as the use of approximately 70 feet of wetland crossing mats on the south/southeast side of the stream. 21.The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent and associated attaclunents, dated January 23, 2019,filed by: o The Trustees of Reservations c/o-Jeff Denoncour,Ecologist 290 Argilla Road Ipswich, MA 01938 Original OOC Record Site Plans & Documents: o Project Description,with associated Figures,included in the NOI a Prescribed Burn Plan-Adnunistrative Units Weir Hill-dated May 23, 2019 o Inlpor Cant Prescribed Fire Facts &Background Information-TTOR Memo o Appendix"A": Photos,included in the NOI o Technical Paper from BioOne Complete"Prescribed Fire Effects on Water Quality and Freshwater Ecosystems in Moist-Temperate Eastern N. America-dated March 11,2019 o Excerpt from TTOR Weir Hill Management Plan,2006--Fire's Long History and Influence at Weir Hill o Figures 1 &2-Fire Response Frequency at Weir Hill 1963-1983 o Division of Fisheries &Wildlife Letter review of Forest Cutting Plan-- Dated February 12,2020 o Forest Cutting Plan--Dated January 26,2020 a Division of Fisheries &Wildlife Letter review of prescribed fire-Dated February 12,2010 o Memo to TTOR from Tun 5inuuons Stewardship and Conservation Ecology-RE:TTOR's Weir Hill Habitat Management&Water Supply-- Dated January 21,2020 i Amendment Record Site Plans &Documents: o Letter requesting Amended Order of Conditions,App. Checklist,fee check,abutter list&notification,25'NDZ waiver request-dated February 10,2022 -o ---Appendix-A draft Operation-&-Maintenance Plan**As will-be further amended per Special Condition#53 below** o Forest Cutting Plan Project Description-Stamped Received March 7,2022 o Forest Cutting Plan-Dated March 15,2016 (resubmitted to DCR, no revisions) o Division of Fisheries&Wildlife Letter review of Forest Cutting Plan- Dated December 30,2021 0 Stevens Street—Weir Hill—Tlie Trustees of Reservalions DEP Pilo W242-1779 NACC AM13NDED Findings&Specirl Conditions � Inge 3 of 14 j I 0 Stevens Sheet-'Weir Hill-The Trustees of Reseii ations (TTOR)-- AMENDED Order of Cowlitions DEP HILL It 242 - 1779 o Narrative Weir Hill Barrens Habitat Management Project North Andover, MA stamped received February 10, 2022 o Prescribed Burn Plan--Administrative Units Weir Hill- dated April 16, 2020 o PowerPoint slide deck Weir Hilt Barrens Habitat and Management, Request to Amend Order of Conditions (DEP #242-1779) -- stamped received February 23, 2022 22. The.term"Applicant" as used in this Amended 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 Amended 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. 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 treasures, shall be deemed cause to revoke or modify this Order. 25, This Amended 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 tinges until a Certificate of Compliance is issued,to evaluate compliance with this Amended 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 Amended 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-Amended-Order does_not_relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances, by-laws or regulations. 27. Considering that habitat management activities can be impacted or hampered by various factors,including yearly weather conditions, the initial restoration/management work authorized hereunder shall be completed within five 0 Stevens Sirect—Weir Hill—The Trusters of Reservations DFP Fite 11242-1779 NACC AMFNDFD I�iiidings&Special Coatditions Fn c 4 of 14 0 Stevens Street--Weir Hill—The Trustees of Reservations (TTOR)-- AMENDED Order of Conditions DRP FILE 0 242 - 1779 5 years from the date of this Orden. The Amended Order small not be eligible for an extension after the five years. At the end of the five years, the applicant shall submit a request for a Certificate of Compliance (CofC) accompanied by a full report on restoration and management efforts undertaken. Upon receipt of the request for CofC, the Conservation Commission will consider assigning on-going conditions attached to the CofC that would allow for specific management activities to continue for a tinlefranie to be determined and conditioned as deemed practical and appropriate. 28. The NACC reserves the right to amend this Amended Orden of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 29. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Con-unission shall be a party to all agency proceedings and hearings before the Department. 30. [LIMITED PROJECT:] Any future project which proposes a permanent wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e), 31. The following wetland resource areas are affected by the proposed work: 100-Foot Buffer Zone to inland bank associated with intermittent stream and Lake Cochichewick, and bordering vegetated wetland. Further, the site is located within NHESP Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife, These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 32. Conservation Department staff performed a site inspections in the presence of the project representative, on January 23, 2020 &February 17,2022 at which time ground conditions were free of snow cover and conducive to observing ground characteristics. The NACC agrees with the applicant's delineation of the wetland resource areas as V depicted on the approved plans and as observed by Conservation Department staff during said site inspection. 33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In Amended Order_to prevent any alteration of wetland resource areas a twenty five foot.(25`) Disturbance Zone and a fifty foot(ff)No-Construction Zone,shall be established from the edge of the adjacent wetland resource area, The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). Q Slevens Street--Weir Hill--'file Twstees of Reservations DRI'File 11242-1779 NACC AMEM3l l7 riitdiasgs&,sl}ecial con{iitions Page 5 of 14 3 O Stevens Street--Weir Hilt--The Trustees of ReseiTations (TTOR)-- AMENDED Order of Conditions DE PILE #242 - 1779 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 persotulel 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 Amended Order resulting from failure to comply with its conditions. 35. The applicant shall post on its website,for public consumption, the PowerPoint slide deck Weir Hill Barrens Habitat and Management, Request to Amend Order of Conditions (DBP#242-1779) --stamped received February 23,2022. 36, The owners of the project and their successors in title agree that the Amended 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, 37. 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 38. No work shall be undertaken until all administrative appeal periods from this Amended Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Amended 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 Amended 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 Amended 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 Amended 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 Amended Order prior to cotmiienceinent of the work. Any Amended 0 Stevens Street—Weir bill—7'lte 7'nistecs orReservntions DBP Flle ff242-1779 NACC AMI;ND13D Findings R Strcclal Conditions Inge 6 of 14 0 Stevens Street—Weir Hill--The Trustees of Reservations (TTOR)— AMENDED Order of Conditions DEP FILE#242 - 1779 Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40, A sigh,visible from the entrance of the site where project equipment will access from a public way, shall be displayed at the site not Less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242- 1779." 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 Amended 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 Amended 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) to ensure that all conditions of this Amended Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Amended Order of Conditions and referenced documents before coinunencement of construction. 43. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing, All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete, 44, Erosion or sedimentation of soils is not anticipated from performing the management activities and therefore erosion control devices are not specifically called out on the approved plans. Notwithstanding, the NACC reserves the right to impose requirements on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example,installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Amended Order of Conditions, All_adciitional erosion prevention,and sedimentation protection measures-found.—_ __-_ necessary during construction shall be implemented at the direction of the NACC or its agent and shall be installed within 48 hours of the Commission's request. 45. At the start of management activities, the applicant shall have on site 75 feet of silt sock and sufficient stakes for staking covered froin the elements,and shall be used only for the control of emergency erosion problems. 4 Stevens Street—Weir Hill—The 7'nistees of Reservalions DGP File 11242-1779 NACC AMENDED Findings&Special Conditions Pogo 7of14 3 1 0 Stevens Strect—Weir Hill--The Trustees of Reservations (TTOR) AMENDED Orcler of Cowlitions DE FILE#f 242 - 1779 46. Additional matting on the north/northwest side of the stream shall be installed in tandem with proposed stream protection BMP's, this is to further help reduce impact to the resource area. 47. As proposed, the limit of work is the upland side of the lakeshore trail. All project personnel shall be informed that no use of machinery, storage of machinery or materials,stockpiling of materials, or construction activity is to occur beyond the limit of work at any time (i.e. the lake-side of the trails). 48. A check payable to the Town of North Andover shall be provided in the amount of one thousand dollars ($1,000)which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC, and shall be posted with the North Andover Towel Treasurer through the NACC before corrunencement 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. 49. 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 perform regular inspections of project activities to ensure compliance with the Amended Order and monitor signs of erosion or oversee any emergency placement and maintenance of erosion controls. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24- hour period, including weekends. This person shall be given the authority to stop activities for the purposes of correcting problems with erasion 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. 50. At least once during each week in which management activities occur on-site applicant shall submit a written report with photographs from the"Erosion Control Monitor" to the NACC certifying that, to the vest of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Amended Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control 0 Stovens Slreet—Weir Hill—'Elie Tnislees orRescrvntions DHP tale ff242-1779 NACC AMIaNDED riiidings&Sticcini coixfitions Pfl e8of14 0 Stevens Street--Weir Hill--The Trustees of Reservations (TTOR)-- AMENDED Order of Conditions DEP FILE#242 - 1779 pleasures, if required, and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended, In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls, if required,are adequate and secure, 51. Prior to construction, the applicant shall permanently mark the No Disturb Zone associated with the lake shore with wetland markers to be placed at 50-foot intervals on existing mature trees/vegetation bearing the following text: "Protected Wetland Resource Area This will designate the wetland resource sensitivity and assure no further inadvertent encroaclunent into-the wetland. Prior to installation in the field, the placement of these permanent markers shall be subject to review and approval by the Conservation Administrator, The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Said markers are available for purchase in the Conservation Department at Town Hall, 52. The applicant or its designated qualified representative, upon receipt of this Amended Order of Conditions shall inunediately investigate the vernal/ephemeral pool to gather documentation so as to determine its certifiability with NHESP. The Conservation Department shall be informed at least 48 hours in advance of when investigation events are to occur and allowed to accompany the applicant/qualified representative on site while conducting their review. Should adequate documentation meet NHESP certification criteria, the vernal/ephemeral pool shall be certified with the State, Should NHESP certification criteria not be met, but documentation satisfies the North Andover Wetlands Protection Bylaw,Regulations and Ephemeral Pool Criteria the pool shall receive full protection as prescribed under the local Regulations, regardless. 53. No later than Monday May 2,2022 a draft Vegetation Management Plan/Operation& Maintenance Plan that mirrors existing VMP's as established by other regulated entities shall be submitted to the Conservation Commission for review and comment. A final approved VMP/O&M Plan shall be in place prior to the issuance of a Certificate of Compliance. ------54.-Prior to.any.work conunencing on-site,_the applicant_shall submit..to.the.NACC.or its Administrator for review and connnent, a detailed work schedule/sequence of construction, 55. At least a 10 calendar days prior to work corm-nencing, the applicant shall notify abutters(i,e, those listed on the NOI abutters list),via first class mail, explaining anticipated activities to be undertaken during the ensuing 12 months,such that annual ©Stevens Slreel—Weir Bill—Tho'fnistm of Reservations DEP File#242-1 779 NACC AMGNOED l,'indifigs&Speoini Coadilions Page 9 of 14 0 0 Stevens Street--Weir Hill--The Trustees of Reservations (TTOR)— AMENDED Order of Conditions DEP PILE #242 - 1779 abutter notification is accomplished for the life of this Orden. The applicant shall notify the Conservation Department and Planning Department by telephone or email at least 72 hours prior to conducting activities, to staff keep informed and allow scheduling a site inspection if needed after the initial pre-construction meeting as described below. This condition shall not take the place of other authorities' requirements for notification,but shall be in addition to any other requirements, 56. 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. f 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. 57, 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, 58. 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 aRplicant to ensure that all of the Conditions of this Amended Order are understood. This Amended 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 Amended 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), 0 Stevetis Street--NVeir Hill—Tlie'l'rustees of Resen,ntions DEP kite 02,12-1779 NACC AMENDED Fi lid iogs&Special Conditions Pngo 10 of 14 U Stevens Street—Weir Hill—The Trustees of Reservations (TTOR)-- AMENDED Order of Conditions DEP FILE#242 - 1779 STORMWATER MANAGEMENT CONDITIONS 59, 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 Amended Order of Conditions,unless specifically approved in writing by the Commission. 60. Water duality 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 61. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been clone 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. 62. 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, Iath, 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 accoih anied by a certificate of on in or an analysis certifying cleanliness --whichever is most applicable as determined by the Conservation Commission or its staff. I i 63. No fuel storage or equipment re-fueling shall take place on site during construction, j E 64, All exposed soil finish grade surfaces shall be iirunediately landscaped and stabilized, or loathed,seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loathed and seeded prior to November 1st of each year, Outside of the growing season (November 15t1, on),exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding, During construction,any area of exposed soils that-will be left idle forin-ore than 30-days shall be stabilized with a layer of mulch hay or other means approved by the NACC, 65. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor,Project Manager, or Conservation i 0 Stevens Street—Weir Hill—The'r'rnsices of Reservations DEP File#242-1779 NACC AMENDED Findings&Special conditions Pao I I of 14 1 0 Stevens Street—Weir Hill The Trostees of Reservations (TTOR)-- AMENDED Order of Comlitions DEP FILE#242 - 1779 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. 66. 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. 67. A materials stockpiling area is proposed outside the 100-Foot Buffer Zone. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the limit of work or erosion controls if required. 68. 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. AFTER CONSTRUCTION i I 69. 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 Amended Orderof Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 70. Fertilizers utilized for landscaping and lawn care shall be organic, 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 Amended 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. 71. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 72, 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, - 73. Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by foaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved, Q Stevens Street--Weir[dill—The'rrostws of Resen atim DEP Flla i1242-1779 NACC AMENDED Findings&Special Condilialis Pee 12 or 14 0 Stevem Street--Weir Hill--'flre Trustees of Reservatio>«s (TTOR)-- AMENDED Orcler of Conditions DE TILE #242- 1779 74, The use of coal tar-based pavement sealants is prohibited on the property,as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Amended Orderof Conditions and shalt run with the title of the property. 75. 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. 76. 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 Amended Order of Conditions prior to purchasing their property. e. The naive 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 report,prepared by a qualified professional intimately familiar with the project scope of activities and objectives,shall be submitted detailing management activities undertaken during the life of the Amended Order and resulting site conditions, 87. 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 #33); ➢ On-going management activities as allowed by the Coimnission under an approved VMP/O&M (Condition#53); ➢ Resource Area Markers (Condition#51); __ __ _ ___ ➢ Discharge_or spillage of pollutants_(Condition.#68); _ - --- ➢ Prohibition of underground fuels (Condition#69); ➢ Limitations on the use of fertilizers, herbicides,pesticides and road salts/de- icing(Conditions #70 &71); ➢ No dumping of leaves, grass clippings,brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition#72); ➢ Prohibition of the use of coal tar based products for paving(Condition#74). 0 Slovens Sircel--heir Hill—The TrUSieeS of Reservallons DEED File 6242-1779 NACC AMENDED Findings&Special ConditioiEs Pago 13 of 14 0 Stevens Street--Weir Hill--The Trustees of Reservations (TTOR)— AMENDED Order of Conditions DEP PILE 0 242 - 1779 APPENDIX A-AFFIDAVIT i, on oath do hereby depose and stale: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) I, I any tite of (position with applicant) (applicant name or company name) the applicant upon whom Amended Orderof Conditions have been placed upon by (DEP or NA CC nwnbet) the North Andover Conservation Commission. &/or 2. 1 ant the of (position with owner) (owner name) the owner upon whose land Amended Orderof Conditions have been placed tip by (DEP or NACC number) the North Andover Conservation Commission. 3, I hereby affirm and acknowledge that I have received said Amended Orderof Conditions and have read the same and understand each (DEP File# ) and every condition which has been set forth in said Amended Orderof Conditions, 4. I hereby affirm and acknowledge that on this day of I9 I inspected said property together with any and all improvements which have been made to the saute and hereby certify that each and every condition set forth in Amended Orderof Conditions are presently in compliance. (DEP Vile#) h. 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 Amended Orderof Conditions (DEP File#) Signed under the pains and penalties of perjury this clay of 19 (Signature-authorized agent of applicant or owner) 0 Stevens Street--Wcir Hill--'Fire Trustees of Reservations nP.f'file 112,12-1779 NACC AMENDL-D Fitirlings&Siiccial Conttitions Page 14 of 14