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HomeMy WebLinkAboutLOVE, MARTHA I S10 CMR 10.99 Fprm 5 A ( i. x k e DEP Fib No. 1242-744 J Commonwealth 01plown North Andover of Massachusetts t ADIAIUM Flintlock, Inc. =_ c o David Kindred Lots 6 & 7 Lost Pond Lane !a and 14 Duncan Drive - Order rive _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 CWP USSION David Kindred To Flintlock, Inc. Martha Love (Name of Applicant) (Name of property owner) PO BOX 531 785 Palmer Road Address North Andover MA 01845 Address Mill Spring , NC 28756 This Order is issued and delivered as follows: O by hand delivery to applicant or representative on (dale) XZXxby certified mail, return receipt requested on P406 914 716 04-28-95 (date) This project is located at Lots 6 & 7 Lost Pond Lane and 14 Duncan Drive The property is recorded at the Registry of Norther-ti r•--,gpX _ Book 2989 Page 62 Certificate (if registered) ----------- The Notice of Intent for this project was filed on March 9, 1995 (date) The public hearing was closed on April 26, 1995 f dale) Findings The North Andover Conservation Commission has reviewed the above•relerer,ced Notice of Intent and plans and has held a public hearing on the project. Based on the information availaole to the NACC at this time. the NAC(: _ has determined that the area on which the proposed work is to be done is significant to the following interests in accoroance v.ilh the Presumptions of Si nifica ce forth in the requllations for each Area Subject to Protection (_Under the 9 I� �h. s1�8 � Recreation Act (check as appropriate): Ch.178: �,e Prevention of Erosion & Sedimentation Ch.178_X Wildlife Pubiic water supply Flood control ❑ Lind containing shellfish Private water supply ( Storm damage prevention ❑ Fisheries [1 Ground water supply Prevention of pollution Dt Protection of wildlife habitat Total Filing Fee Submitted $55.00 State Share_ City/Town Share $40.00 (' IP_r3 ir1 rxcess of S25) Total Refund Due S CitylTown Portion S State Portion S ('/z total) ('iz total) Effective 11/10189 ' t DEP FILE #242-744 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 B YLaw 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 30 days prior to the expiration date of the Order. 6. Where the Department of Environmental Protection 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 construction/installation of a water main from Lost Pond Lane to Duncan Drive within the Buffer Zone of a Bordering Vegetated Wetland (BVW). In addition, a temporary crossing of BVW is proposed to gain access. 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: Flintlock,Inc., C/O Dave Kindred P.O. Bog 531 N. Andover,MA Plans prepared by: Thomas Nevy Assoc.,Inc. Entitled "Utilities& Topo Plan" Dated 4/19/95 CAWinword1000242-744.doc 1 NACC 4/28/95 DEP FILE #242-744 9. The following wetland resource areas are affected by the proposed work: Buffer Zone of Bordering Vegetated Wetland (BVW) and BVW. 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 4/19/95. 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 t he upland areas and buffer zone proposed on this site to construct the water main will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent and approved herein, a twenty five(25)foot no-disturbance zone shall be established from the edge of the adjacent wetlands except in those areas approved on the above referenced plan dated 4/19/95. No disturbance of existing grade, soils or vegetation is permitted in the no-disturbance zone. (See Appendix 5 of the local Regulations). 14. The NACC finds the applicant's proposal for 200 sq, ft. of wetland restoration to be adequate. This area shall be restored immediately after the water main is in place. PRIOR TO CONSTRUCTION 15. 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. 16. 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 CAWinword\00C\242-744.doc 2 NACC 4/28/95 DEP FILE #242-744 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. 17. 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 242-744". 18. 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. 19. 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 supervisor hired to coordinate construction and to ensure compliance with this Order. 20. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 21. 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. 22. 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 approved plans dated 4/19/95 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. CAWinword\00C\242-744.doc 3 NACC 4/28/95 DEP FILE #242-744 23. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 25 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. 24. A check payable to the Town of North Andover shall be provided in the amount of $5,000 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 bond or 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 bond 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. DURING CONSTRUCTION 25. During an inspection of the site with the applicant,Mr. David Kindred, it was apparent that fill material(horse excrement)was placed illegally in adjacent BVW. A violation of the Wetlands Protection Act 310 CMR 10.00. This fill shall be removed when trenching activities reach approximate wetland flag#299 as shown on the approved plans dated 4/19/95. This fill shall be hauled off-site or at a location on-site deemed acceptable by the Natural Resource/Land Use Planner. The Conservation Department shall be notified atleast 48 hours in advance so that an inspection can occur during removal activities. Trenching and installation of pipe may not resume past this point until the Natural Resource/Land Use Planner has stated otherwise. 26. 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. 27. No exposed area shall remain unfinished for more than thirty(30) days, unless approved by the NACC. 28. 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. 29. There shall be no stockpiling of soil or other materials within twenty-five(25)feet of any resource area. CAWinword\00C\242-744.doc 4 NACC 4/28/95 DEP FILE #242-744 30. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 31. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 32. 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. 33. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 34. 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. 35. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one(1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 36. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions, and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 37. 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. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Engineer certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). Upon CAWinword\00C\242-744.doc 5 NACC 4/28/95 DEP FILE #242-744 completion of construction activities, compliance will be issued at the discretion of the NACC based upon a satisfactory report from the Natural Resource/Land Use Planner. 38. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 35. Discharge of spillage of pollutants. 36. Prohibition of storage of fuels underground. CAWinword\OOC\242-744.doc 6 NACC 4/28/95 t Ile c 242-744 Lots 6 & 7 Lost Pond Lane and Lot 14 Duncan Drive Issued By North Andover_ Conservation Commission Signature(s) This Crcer must be stoned by a ma;ority of the Conservation Commission. On ,,,its 26th day of April 19 95 before me personally ac-.eared, George L. Reich to me Known to ee the person cescr,ne^<.in enc .vno execi�teo the foregoing instrument and acknowieeged that ne.sne exe_::;ec the same as;fit;,her free act anc ceed. o;a ; Pu`'iic My commission expires :na c+v^ar. any Gern accneveo Cy this Crcer.any owner of lana awning the lana uMn wnicn the crcxse+ cr• s;:oe Gerson Gone.cr any ten resicena c;;^e C:­,or town in which such fano:s iocatec.are nereov notiti of tneir richt to request:ne Genan-e Environmental Prciecrcn ro issue a Sucersec:nc Orcer. croyicmg the requests mace py certtttea thou cr mane ce wery:o the Cecac•-e witn my aC:;=_r:aie iiiinc:ee ane Fee Transm:nai Form as eroviceo in 310 C."q io.o3(n,within ten cans trem the care of c :ssuane c';na Determ:naucn.A cc;,y ct the rec::est snaii at the same time me sent mycertifiec mart or nano eanvery 10!1`19 Conserva.,:cn Ccrrm:ss.:;n anc the accaca,t. If vou :v si. to arpeal chis decision under the Town 3viaw, a cCm 7laint r..ust 3e = ec -: Super�or Court. RECORDING INFORMATION: Detacrt on cwtea ime ane summit to the North Andover Conserva ri nn Com^'_prier to commencement of worx. ............................................................................................................................................................................................01845 �..018 4 ....... To North Andover Conservation Commission, 120 Main St. , No. Andover Please me aovisee tnat the Oreer of Ccnettions for the project at Lots 6 & 7 Lost Pnnr1 7.,q no and T nt- 1 L T)r-an Drive �Ae Numner 242 744 has peen recorcea at the Registry of Deeds, North Essex enc nas peen notes to the chain of title of the attecteo cromerty to accoreance with General Conottton 8 on t9 if recorcea ianc. the instrument hummer wntcn teenutieLs this trattsacaon is It regtsterec tano. the cocument hummer whtcn toenttites this transaction is Accncan. Sicna;ure 5.4A