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HomeMy WebLinkAboutMiscellaneous - 20 ANVIL CIRCLE Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1587 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Nilesh Amin only the tab key Name to move your 20 Anvil Circle cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code °6 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: IAI Nilesh Amin Name April 12, 2013 242-1587 Dated DEP File Number 3. The project site is located at 20 Anvil Circle North Andover Street Address City/Town Map 108C 169 • Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Nilesh Amin Property Owner(if different) Essex Northern 13464 246 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/4/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 � 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131 0 242-1587 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 70 C. Authorization Issued by: North Andover S" Conservation Commission Dat of Is uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep- regional-office-for-your-city-or-town.html). Si. _ . es. f/j yam€ L taw, , / wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.C.I. c. 131, 0 242-1587 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: - --- ---- —North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 20 Anvil Circle 242-1587 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County for Nilesh Amin Property Owner and has been noted in the chain of title of the affected property on Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1397 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Crusader Paper Company, Inc. only the tab key Name s to move your 350 Holt Road cursor-do not use the return Mailing Address 1 key. North Andover MA 01845 � O City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to Crusader Paper Company, Inc. OF Name I October 15, 2007 242-1397 Dated DEP File Number t. 3. The project site is located at: 350 Holt Road t North Andover Street Address City/Town i. Map 78 Parcel 1 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Holt Road Realty, LLC Property Owner(if different) Essex Northern 10952 153 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 10/30/14 Date is wpafrm8b doc•rev 5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: El Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: ry (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 82 C. Authorization Issued by: North Andover r i Conservation Commission Dat of Iss ance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See htlp://www.mass.gov/eeat agencies/massdep/about/contacts/find-the-massdep- redional-office-for-you r-city-or-town.himl). 5.•_ - • mg" j kz_ if-404 .• r Ii ;il'igll r7 wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131 40 242-1397 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: - - - - - - - - - - - - - - - - - - - - - - - -North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 350 Holt Road 242-1397 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County for Crusader Paper Company, Inc. Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certifi Massachusetts Wetlands Protection cate Act of Compliance M.G.L. C. 131, 40 242-1415 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use John Bresnahan { only the tab key Name to move your 233 Johnson Street cursor-do not use the return Mailing Address key. North Andover MA 01845 orie 0 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: John Bresnahan Name November 23, 2007 242-1415 Dated DEP File Number 3. The project site is located at: 233 Johnson Street North Andover Street Address City/Town Map 97 Parcel 53 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: John Bresnahan Property Owner(if different) Essex Northern 10979 62 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 10/8/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131 40 242-1415 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 77 h C. Authorization Issued by: North Andover `S i l Conservation Commission Date f Iss ance This Certificate must be signed by a majority of the Conservation Commission and a . copy sent to the applicant and appropriate DEP Regional Office(See http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep- regional-office-for-your-city-or-town.htm I). Signatu -s: - / I Mr, Da 6- 2/14,( , illy,r ,Awi I , , ..„„.,,,,,, :..., _,... r.i .. . wpafrm8b.doc•rev.5/29/14 WPA Form 88,Certificate of Compliance•Page 2 of 3 `�rwrlr■rrrl Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I DEP File Number: WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1415 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 233 Johnson Street 242-1415 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County for John Bresnahan Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3 01 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5 - Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town-NORTH ANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. 17 OOC b.r Amended OOC 3.Applicant Details a First Name NILESH b.Last Name AMIN c.Organization • d.Mailing Address 20 ANVIL CIRCLE e.City/Town NORTH ANDOVER f State MA g.Zip Code 01845 4.Property Owner a.First Name NILESH b.Last Name AMIN c.Organization d.Mailing Address 20 ANVIL CIRCLE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location =_ a.Street Address 20 ANVIL CIRCLE b.City/rown NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 108C e.Parcel/Lot# 169 f.Latitude 42.63292N g.Longitude 71.07395W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 12595 341 7.Dates a.Date NOI Filed:3/14/2013 b.Date Public Hearing Closed: 3/27/2013 c.Date Of Issuance:4/12/2013 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: EXISTING CONDITIONS NORSE DESIGN PLAN,20 ANVIL EDWARD O.HELMES,JR. December,5,2012 1"=20' CIRCLE,NO. SERVICES,INC. ANDOVER,MA Page 1 of 10*ELECTRONIC COPY i LiN'Ill II Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5-Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTH ANDOVER RESTORATION BASBANES PLAN,20 ANVIL WETLAND N/A January 16,2013 N/A CIRCLE CONSULTING B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. F Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution d. F Private Water Supply e. r Fisheries f. F Protection of Wildlife Habitat g. F Ground Water Supply h. F Storm Damage Prevention i. r Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.F 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. Denied because: b.r 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 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.r 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 interests of the Act,and a fmal 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 10.05(6)(c). 3.F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 3 area specified in 310CMR10.02(1)(a). a linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a square feet b.square feet c.square feet d.square feet Page 2 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: — Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5 -Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfTown:NORTH ANDOVER 6. r Land under Waterbodies and Waterways a square feet b.square feet c.square feet d.square feet e.dy dredged f.dy dredged 7.T Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.r 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.r 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 i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below }' 11.r Land Under the Ocean a.square feet b.square feet . c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a.square feet b.square feet c.c/y nourishment d.dy nourishment 14.r Coastal Dunes a.square feet b.square feet c.dy nourishment d.dy nourishment 15.r Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds Page 3 of 10*ELECTRONIC COPY iiiiNIA Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5-Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER a.square feet b.square feet c.c/y dredged d.c/y dredged 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.Or dredged 21.E Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. 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. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable 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 Y; special condition in this Order. 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. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 d O 5 WPA Form -Order of Conditions eDEP Transaction#:554012 / City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 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:"242-1587" 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 Mass DEP. 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 i. to any contractor or other person performing work conditioned by this Order. 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 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) I— is not(2)F subject to the Massachusetts Stormwater Standards. `` If the work is subject to 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 Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.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 Page 5 of 10*ELECTRONIC COPY 1 Massachusetts Department of Environmental Protection Provided by MassDEP:MassDEP File#:242-1587 Bureau of Resource Protection-Wetlands eDEP Transaction#:554012 WPA Form 5 -Order of Conditions City/Town:NORTH ANDOVER f Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 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 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 sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.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 post-construction BMPs is suitably established to withstand erosion. c) 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 19(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 Pollutant 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 x; 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 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(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 agreement f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. , 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 Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5- Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Iown:NORTHANDOVER 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: SEE ATTACHED Page 7 of 10*ELECTRONIC COPY Nom Massachusetts Department of Environmental Protection Provided by MassDEP: - Bureau of Resource Protection-Wetlands MassDEP File#:242-1587 WPA Form 5-Order of Conditions eDEP Transaction#:554012 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?F Yes I- No 2. The Conservation Commission hereby(check one that applies): a. I—' DENIES the proposed work which 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 or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. F APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER I.Municipal Ordinance or Bylaw WETLANDS p y PROTECTION 2.Citation CHAPTER 178 BYLAW 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: SEE ATTACHED } Page 8 of 10 *ELECTRONIC COPY M 1 d i Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1587 --- Bureau of Resource Protection-Wetlands MassDEP EP File#:2 2-15872 WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER i` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 E. Signatures — / b _ /(i9 This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2.Number of Signers a majority of the Conservation Commission. 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. Signatures: / -.... :' ii g' 1' L1'w�� A/ � AlliprFA - } L ) 4/L Ibb certi 1 /n receipt requested,on E by hand delivery on y - q ra 3 Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten , residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate 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 s sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. A 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. Page 9 of 10* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1587 Bureau of Resource Protection-Wetlands eDEP Transaction#:554012 WPA Form 5-Order of Conditions Cityffown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 G. Recording Information 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 Land the name c the owner le of the owner of the land subject to the Order oof Conditions.The recording information on noted on the Land Court Certificate of Title 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: 20 ANVIL CIRCLE 242-1587 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner NILESH AMIN and has been noted in the chain of title of the affected property in: Page age In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Rev.4/1/2010 Signature of Applicant Page 10 of 10*ELECTRONIC COPY • DEP FILE#242-1587 Therefore,the North Andover Conservation Commission(hereafter the"NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: after the fact approval of clearing,filling and grading within the 100 foot buffer zone to Bordering Vegetated Wetland (BVW). Restoration of the 25-foot No-Disturbance Zone with native plants and relocation of the existing chain link fence more than 25' from the edge of BVW was required under a previously confirmed Enforcement Order. 21. The work shall conform to the following(except as noted m the remainder of this document where revisions may be required): Applicant/Property Owner: Nilesh Amin 20 Anvil Circle North Andover,MA 01845 Filed: March 18,2013 NOI Prepared By Basbanes Wetland Consultant 39 Hardy Street Dunstable, MA 01827 Site Plans prepared by: Norse Design Services,Inc. Titled: Existing Conditions Plan Date: December 5, 2012 Stamped &Signed by Edward O. Helmes,Jr. P.L.S. Basbanes Wetland Consulting Titled: Restoration Plan,20 Anvil Circle Date: January 16,2013 Other Record Documents: Enforcement Order issued 1/24/2013 Waiver Request dated 3/11/2013 22. 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 242-1587,20 Anvil Circle OOC 1 NACC 4/12/2013 DEP FILE#242-1587 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32.The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is 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 this resource area to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein(Flag 3A and Buffer Zone to wetland flags 2A,4A&5A). Wetland Resource Areas exist off property that extend buffer zone onto the subject property. These buffer zones are not shown on the herein referenced plans. Any future proposal for work on the property will require delineation of all resource areas and associated buffer zones. 34.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 as shown on the herein referenced plan. 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). 35. Per the restoration plan and narrative dated January,16,2012,the applicant proposes to plant 5 Highbush Blueberry (Vaccinium corymbosum), 5 Hazelnut(Corylus americana), 6 Sugar Maple (Acer saccharum) and 6 White Oak(Quercus alba) within the 25' No- disturb zone. Plant substitutions may be made with the approval of the Conservation Department. Plantings will be monitored for 2 years by a qualified environmental professional with monitoring reports,including photographs,to be submitted to the NACC each spring and fall of that time period. Plants that die or are not thriving during the monitoring period shall be replaced. The existing chain link fence shall be relocated more than 25' from the edge of the BVW as shown on the herein referenced restoration plan. 36. This document shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 242-1587.20 Anvil Circle OOC 3 NACC 4/12/2013 DEP FILE#242-1587 43.Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction,including the installation of sedimentation/erosion control devices,buffer zone restoration,fence relocation and final stabilization on-site. A detail of the pervious seating area shall also be submitted. 44.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 ; P er the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall b b clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall at that use maintained until all construction is complete. Workers should be informed of machinery,storage of machinery or materials, stockpiling of soil,or construction activity is to occur beyond this line at any time. 45. A silt sock or erosion control barrier as approved by the Conservation Department erosion shall be placed between the work area and down-gradient resource areas. The control barrier will be properly installed and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its ag{mss project to NACC reserves the right to impose additional conditions on portions of p ro l mitigate any impacts which could result from site erosion, or any noticeable ale degradation of surface water of quality easures may be required discharging in areas not shown on the installation of erosion control Y 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. 46. The applicant shall have on hand at the start of any soil disturbance,removal or of stockpiling, a minimum of 20 additional feet of silt sock (or an equivalent ha Y bales 1 bale = 3 feet of sock)Said sock/bales shall be used only for the control of • emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the a mo nt of posted the NACC,and shall be $2,500 which shall be in all respects o ed with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof,shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be after have completion of the project,provided that provisions,satisfactory t o the NACC, 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 -- . •,..,_.,1,'nnr 5 NACC 4/12/2013 DEP FILE#242-1587 permitted work are fully aware of the permit's terms and conditions. Thereafte ,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 red notify the NACC in writing of the identity of the on-site construction supervisor 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( g hours). STORMWATER MANAGEMENT CONDITIONS 52.Water q uality in down gradient BVW's shall not differ significantly efoll hall be no completion of the project from the P fom dis�harige pipes or surface runoff sedimentation into wetlands or water bodies leaving the site. DURING CONSTRUCTION every 53. U P on beginning work,the applicant shall submit written progress reports what work is d been done in or near resource areas,and anticipated to be d month detailing one over the next period. This will update the construction sequence. 54. During the relocation of the fence,the existing fence posts will be cut flush or lower than the ground and covered and seeded over. De-watering activities are not anticipated as part of the proposed projoec of the 55. g discharge of water is allowed directly an iadover Wetland Bylaw. If emergency de- watering Protection Act and/or the North watering requirements arise,the applicant shall submit a contin g n be cant to the in a Commission for approval,which provides for the pumped settling basin,to reduce turbidity prior to discharge into a resource area. 56. Any fill used in connection with this project shall be clean fill,containing plaster,no trash, refuse,rubbish or debris, including but not limited to lumber, ,p lath,P aper, cardboard,pipe,tires, ashes,refrigerators,motor vehicles or parts on any of the foregoing. 57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched,with a loo ember 1st of each year. Outside of the be graded,loamed and seeded prior to November owin season,exposed soil finish grade surfaces shall be stabilized with a layer of fnt) mulch hay or other stabilization method (as directed by the Conservation until climate conditions allow for seeding. During construction, any area of exposed NACC 4/12/2013 7 . . DEP FILE#242-1587 property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 66.There shall be no dumping of leaves, grass clippings,brush, or other debris into a wetland resource area or beyond the limits of clearing. This condition shall remain in perpetuity. 67. Upon completion of construction and grading, all disturbed areas located outside reby source areas shall be stabilized permanently against rosion.This 1 hall e done ered loaming and seeding according over Nhas been achieved. complete once full vegetative by Conservation staff,the erosion controls se seeded. 68. Upon approved site sta Y r emoved and properly disposed of and all exposed unvegetated areas shall be completion of the project the applicant shall submit theef of Compliance:anhe: 69. Conservation c p Conservation Commission as part of a request for a Certificate WPA Form 8A-"Request for a Certificate of Cf Compliance.b. A letter from the applicant he questing landowner.Certificate of The name and address of d. Signed statements from the individual property owners shall be submitted with they read and i the request for a Certificate of Compliance indicating ooth rchas purchasing their property. understood the recorded Order of Conditions t or corporation to whom the Y e. The name and address of the individual/ p compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil alt certifying that the Registered Professional Land shown on the plan(s)and documents referenced work has been conducted above, and as conditioned by the Commission. 70.The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be 5 in established from the edge of adjacent wetland resource tre areas on lot work within 100'of those locations approved areas wDEI require a separate filing with the NACC existing wetland resource these (See Section 3.4 of the Regulations for performance or other agents ofl he the NACC zones).The Conservation Administrator ive hee setbacks as established under the do not have the authority to w local ByLaw; )=. Permanent Barrier &Resource Area Markers (Condition#49) NACC 4/12/2013 Imo . 4 DEP FILE#242-1587 APPENDIX A—AFFIDAVIT L on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) i 1. Iamthe of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or :' 2. Iamthe 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. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) & 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions . (DEP File#) Signed under the pains and penalties of perjury this day of 19 . (Signature-authorized agent of applicant or owner)