Loading...
HomeMy WebLinkAboutESSEX COUNTY GAS CO 310 CMR 10.29 Form ff DEP File No. 242-867 _ rfo De orovioed by DEP) '_— — Cily'Town 'forth Andover � _-- Commonwealth - of MassachusettsAooucant Marchionda & Assoc, L.P. Boxford St Gas Main Inst. Certificate of Compliance Massachusetts'Wetlands Protection_Act, C.L. c. 131 , §40 r=ra-i North Andover Conservation Commission Issuing Authority 62 Montvale Avenue Suite 1 . –o Marchionda & Assoc. , L.P. Stoneham, MA 02180 (Name) (Address) Date of Issuance December 17, 1997 i his Carificate s issued for work regulated by an Order of Conditions issued to Essen County Gas Co. dated 8/21/97 and issued by the NACC Its hereby certified that the work regulated by the above-referenced Oraer of Conditions has been.satisfactodiy cdmp!eted. Z, Q It is hereby certified that only the following portions of the work regu!ated by the above-reter- enced Oraer of Conditions have been satisfactorily completed: (If the Certificate of Compiiance does not include the entire.projectspecify what portions are included.) Q. It is nere by certified that the.work regulated by the,above-ref erenced Order of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future vti-erx subject to regulation unaer the Act may commenced without filing a new Nonce c; Intent anc receiving anew Order of Conditions. (Leave Soace Blank) S-1 , I . a. Q This certificate shall be recorded in the Registry of Deeds or the land Court for the district in whicn the land is located. The Order was originally recorded on (date) at the Registry of . Book Page Recording not necessary o. The following conditions of the Order shall.continue: (Set forth any conditions contained to the Final Order, such as maintenance crarcnitering, which are to continue for a longer pertod.) !sued by North Andover Conservation Commission Signature(s) r 01 ' When issued by the Conservation Commision this Certificate must be signed by a majority of is members. On this 17th day of December 19 97 before me Jr. personally appeared Albert Manzi, , to me-known to be the person described in and who executed the foregoing instrument and acknowledged that hershe executed the same as his/her free act and deed. r LE--- December 11, 2003 P,.ctary Public—� My commission expires ntach on dotted tine and submit to the .....»» ..... _ .»_»»...... ..»...».... .......». ....»... ....»....._.»....»».._................................................... issuing Authan To NACC Please be advised that the Ceruticate of Compliance for the protect at. FileNumoer 242— 867 —has oeenrecorcedatthe Regtstryot Deeds, Northern Essex and has oeen notes in the cnain of title of the attected'oroceny on t 9 it.reccrcea tanc.me instrument numaer wiruC.'t iaentines taus:ransacuon is tt registered land.me cocusnent nu=er wn=ice-nattes inat traTLucuon 1 ' ;110 LrtiiR 10.99 Form 5 ... tJEP F;19 No. f 242-867 1 .•• (to t,s f0VYxNM by UEr't — ==N Commonwealth City,7own North Andover of Massachusetts Essex .County Gas Co. AooliCant I cif: Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 and under the Town of North Andover's Bylaw Chapter 3.5 From NORTH ANDOVER CONSERVATION CONNISSION To Essex County Gas Co. Town of North Andover (Name of Applicant) (Name of proUerly owner) 7 North Hunt Road 120 Main Street Address Amesbury, MA 01913 Address No. Andover, MA 01845 This Order is issued and delivered as follows: 17 by hand delivery to applicant or representative on (date) ,L by certified mail, return receipt requested on -FAllez 9n. 303 ZAV J9f (date) Boxford Street Lot # N/A Chis project is located at The property is recorded at the Registry of NorrhP rn F•ggpv _ Book N/A Page N/A Certificate (if registered) The Notice of Intent (or this project was filed on June 20, 1997 (date) 1997 The public hearing was closed on August 6, (date) Findings North AndoverConservationoo, e Commission A o ► r , t! tic_ of h reviewed.� th_ abov_ re _ ced c Theas e e ed Intent and plans and has held a public hearing on the project. Based ort the rnlormalron availaole Ie the NACC at this time. the _I1AC(' _ has determined Ihnt the area on which the preoosed work is to be done is signiticant to the Icilowirrg interests in accoronnce v.ilh the Presumpticns of SignificaCCLLce e1 Jo 7� in the re u.lations '•or each Area Subject to Protenoo Under the uh. i8 , Recreation Ac' (check as appropriate): Ch. 178: Prevention of Erosion & Sedimentation Ch. 178/U Wildlife Public water supply Flood control ❑ Land containing shellfish Private water supply Storm damage prevention V Fisheries Ground water supply Prevention of pollution Protection of wildlife habitzit Total Filing Fee Submitted 250.00 State Share $1'12.50 City/Town Share $137.50 (', lee in r XCOSS of S?-) Total Refund Due S City(Town Portion S State Portion S DEP FILE #242- 867 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 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. GENERAL CONDITIONS 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. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 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, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days(30) prior to the expiration date of the Order (Refer to Section VIII (p.15) of the North Andover Wetland Regulations). 6. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 7. The proposed work includes: Replacement of a failed septic system within the Buffer Zone of a Bordering Vegetated Wetland(BV%). C:\Winword\00C\242-867.doc 1 NACC 8/20/97 DEP FILE # 242 - 867 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Essex County Gas Company DATED 6/2A/97 Plans prepared by: Marchionda&Associates,L.P. Entitled"Proposed Site Plan" DATED 7/29/97 9. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and the Riverfront Area. These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated REV 7/29/97. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12. 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. 13. 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 (except where shown otherwise on the plan referenced and approved herein) and a fifty foot(50') No- Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Appendix 5 of the local Regulations). CAWinword\OOC\242-867.doc 2 NACC 8/20/97 DEP FILE #242- 867 PRIOR TO CONSTRUCTION 14. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 15. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. 16. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts Department of Environmental Protection, File Number 242-867." 17. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 18. 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 and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction C:\Winword\00C\242-867,doc 3 NACC 8/20/97 DEP FILE # 242- 867 supervisor hired to coordinate construction and to ensure compliance with this Order. 19. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 20. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 21. A row of staked hay bales shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC 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. 22. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 23. A check payable to the Town of North Andover shall be provided in the amount of$2,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC and shall be posted with the North Andover Town Treasure before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the NACC,has 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. CAWinword\000\242-867.doc 4 NACC 8/20/97 DEP FILE #242- 867 DURING CONSTRUCTION 24. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 25. Any fill used in connection with this project shall be clean fill, containing no. trash, refuse rubbish or debris, including but not limited to lumber, bricks, plaster, wire,lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 26. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 27. No regrading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 28. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 29. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 30. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. 31. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 32. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 33. 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 CAWinword\00C\242-867.doc 5 NACC 8/20/97 DEP FILE # 242 - 867 shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 34. No underground storage of fuel oils shall be allowed on any lot within one- hundred (100)feet of any wetland resource area. This condition shall survive this Order of Conditions, and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 35. Fertilizers utilized for landscaping and lawn care shall be organic and low- nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 36. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 37. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). Certification includes, but is not limited to, verification that the limit of work coincides with the approved"NO DISTURBANCE/NO-BUILD" zones. A stamped "As-Built' topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of Compliance is requested. This plan will include(where applicable): a) "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland resource area; b) Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, stone walls, POOLS, retaining walls, and approved decks; c) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation; CAWinword\00C\242-867.doc 6 NACC 8/20/97 DEP FILE #242- 867 d) Location of all subsurface utilities entering the property; e) Location of existing erosion controls. 39. Furthermore, the following information must be submitted to the NACC when requesting a Certificate of Compliance: a) The name and address of the current landowner; b) The name and address of the individual/trust or corporation to whom the compliance is to be granted; c) The street address and assessor's map/parcel number for the project; d) The DEP file number; e) A statement certifying compliance with the Order of Conditions and approved plans. 40. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: • 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-867. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI(page 18) 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; • Maintenance of catch basins; • Discharge of spillage of pollutants; • Prohibition of storage of fuels underground; • Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\00C\242-867.doc NACC 8/20/97 242-867 Issued 8y North Andover Conservation Commission Signature(s) ��" //,�c ^ �� This Crcer must be signed by a maionty of the Conservation Commission. Or, tats 20th day of August 1997 beicre me personally a--:eared Joseph W. Lynch, Jr. to me Known to ce the person eesgr; ed in ar,g wno executed the !orec:�-tny instrument ana ac,,no:needed that me.sne exec,.;tec the same as .his;her free act anc geed. e Ncta-; r ;^..c My ccmmisson exG:res The .no ccHner. anv-e=.-.ac;nevea=y tats Crcer, anv owner of lana az.ning the lana wrticn the ..__ crr!s:__ t acne.cr any ten res gems v ^e c:;•;or town n wmcn sucn Lana:s iodated.are nereov notdiea w the+r rcn!to request:re C=carT—e^!v Enwror.merna; Prc;ty;:cn !a ;ss;.e a Sucersec r. Crcer, orcvio:r-, the request!s mace cy cernitea^an cr nano ceiivery:c me Ceca"— wto;re accrccr:a;e t ink ree an:Fee Transco: at co n+as croviam in 310 CAR io.03(7).witntn ten cans trem the case c!asuance c:;ra Oaten:naucn. ccoy V ,no rec::est ssaii at;^e same time ce sent cy certittec matt or hand delivery to me Canserva::an CarTm.SS.ar anc the If ,:o wish to appeal this decision under the Town 3viaw, a cezziiair.t ;rust 'oe =_iec Superior Court. 08tach on cot;eo line ant:suemit to the :Torth Andover Consery prior to commencement at wora. .............................................................................................................................................................18............. North An Conservatyon Commission, 120 Main St. , No. Andover ss�,rc��irc,,w To T , Please ce aevisea that the Orcer of Ccnattions tar ine protect a 242— Deeds. North Essex Inc �•te Nurncer has Been reccrcea at the raeristr�of nas teen notea in sne main of title of the attecteo crocerty in accordance witn General ccnattion 6 on t9 It reccrcea fano. the instrument numoer wntut teenaties tnis oansacron is It registereo tans. the document numoer whtcn iaennites thtS lrarlsacuon is Accvcan! Signature S..zA