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HomeMy WebLinkAboutMiscellaneous - Molly Towne Road�A Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP wpafrm8b.doc • rev. 5/29/14 WPA Form 8B, Certificate of Compliance • Page 1 of 3 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use North Andover Realty Corporation only the tab key Name to move your 66 Spring Hill Road cursor - do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Christina Minnicucci, Chestnut Development Name June 22, 2005 242-1296 Dated DEP File Number 3. The project site is located at: Molly Towne Road North Andover Street Address City/Town Map 38 & Map 65 Parcels 41, 24, & 33 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Emily & Lorraine Kozdras Property Owner (if different) Essex Northern 9631 84 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/2/14 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 242-1296 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: ❑ 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 The Order of Conditions has lapsed and is therefore no longer valid.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: 101 C. Authorization Issued by: North Andover Conservation Commission Dat of I suance 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- reg ionai-office-for-your-city-or-town. html). wpafrm8b.doc • rev. 5/29/14 WPA Form 813, Certificate of Compliance • Page 2 of 3 • a LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1296 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: Molly Towne Road 242-1296 Project Location DEP File Number Has been recorded at the Registry of Deeds of: for: Essex Northern County North Andover Realty Corporation 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: wpafrm8b.doc • rev. 5/29/14 Document Number Signature of Applicant WPA Form 8B, Certificate of Compliance - Page 3 of 3 NORTH O� �v-10 O O t� t IL n Oy y T �•O COCNI[ IWK11 .1' CONSERVATION DEPARTMENT Community Development Division Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: lei as a Modification to the Order of Conditions issued in File 242- t a Yeo dated _G'/,9,21 a•S and recorded in Book f/ �-?,? >v and page !�? S" Issued bViie YORTH ANDOVER CONSERVATION COMMISSION: On this A i *h of v, Mrd; 3 before me personally appeared Louis Napoli tome day month/yr known to be the person described in and who executed the forgoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My Commission Expires �e DONNA M. WEDGE Wuev weuc �K7HoFrussnanUSM My Camm E*=duy 15, 2016 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com DEP FILE # 242 —1296 (Minor Modification 8-14-13) On August 14, 2013, the NACC voted unanimously to issue a minor modification to the below Order of Conditions. The minor modification was issued when the applicant proposed to remove a house lot from the subdivision resulting in a change in the lot numbers. The revised plan and the new lot numbers are referenced in the Order of Conditions below. Any changes further changes to individual lot development must be approved by the NACC. 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 18. 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. 19. 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 except those specifically stated in condition 20 herein. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. 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 8.3 (p.37) of the North Andover Wetland Regulations). 242-1296 Autumn Chase (Molly Towne) — Minor Mod 1 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. 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. 25. This Order of Conditions is issued under File No. 242-1296. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. 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 notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of two single family homes (lots 15A & 16) with associated grading, utilities, appurtenances (sewer/water), stormwater management structures (on Parcel A and Lots 12A & 13A), portions of a cul-de-sac roadway, and 4, 542 s.f. of wetland replication activities located within the buffer zone to a bordering vegetated wetland and two isolated vegetated wetlands jurisdictional under the local bylaw only. Proposed work is associated with a 16 -lot subdivision Planned Residential Development (PRD) with associated usable Open Space (10 acres) located outside of the Buffer Zone. 29. 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: Chestnut Realty Development, LLC. (Applicant) 231 Sutton Street P.O. Box 907 North Andover, MA 01845 Dated January 14, 2005 Prepared by: West Environmental 122 Mast Road, Suite 6 Lee, NH 03824 Merrimack Engineering Services 66 Park Street Andover, MA 01810 Site Plans prepared by: Merrimack Engineering Services 242-1296 Autumn Chase (Molly Towne) — Minor Mod 2 NACC 8/27/2013 DEP FILE # 242 -1296 (Minor Modification 8-14-13) 66 Park Street Andover, MA 01810 Entitled, "Autumn Chase - A Single Family Subdivision" Sheets 1-17, dated December 1, 2004 with revisions made through June 7, 2005. Stamped & Signed by Stephen E. Stapinski, R.L.S. & Daniel Koravos, P.E. Other Reports, Plans & Documents: Report entitled, "Project Report on Drainage & Sedimentation Control", dated December 14, 2004, Revised through May 4, 2005, prepared by Merrimack Engineering Services, Inc.; Report includes Stormwater Operation and Maintenance Procedures (Section 6.5); Plans entitled "Pre -Development Drainage Area Map" & "Post - Development Drainage Area Map", dated December 13, 2004, Revised 3/8/05 prepared by Merrimack Engineering Services, Inc.; Autumn Chase - "Soil Logs, Earthwork Calculations - Lot Calculations", dated December 16, 2004, Review letter prepared by Lisa Eggleston, Eggleston Environmental dated May 2,2005; Response letter prepared by Stephen E. Stapinski, PLS, Merrimack Engineering dated May 4,2005; Review letter prepared by Lisa Eggleston, Eggleston Environmental dated May 17,2005; Wetland Replication Plan in Memorandum form prepared by West Environmental dated June 6,2005; E-mail from Jack Devlin dated January 14,2005; E-mail from Heidi Griffin dated January 14,2005; Letter from Robert Levy of Eckert Seamans dated January 11, 2005; Letter from James Demotses of Martins & Demotses, LLP dated March 14, 2005; 242-1296 Autumn Chase (Molly Towne) — Minor Mod 3 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) Request for Modification Letter from Phillip G. Christiansen dated August 7,2013; Site Plan for #68 Molly Town Road (Lot 13A Autumn Chase), Date: August 6,2013; Plan of Land Located in North Andover, MA, Date: 12/19/12. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No Disturbance Zone and a fifty -foot (50') No Construction Zone shall be established from the edge of the adjacent wetland resource area except for a portion of the roadway as shown on the approved site plans referenced herein. This will impact approximately 2,271 s.f of the 25 foot No - Disturbance zone. 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). 33. The NACC hereby grants the applicant a waiver for a portion of the roadway within the regulated 25' No Disturbance Zone of an isolated wetland resource area, which will impact approximately 2,271 s.f. The applicant is limited to the use of the proposed layout of Molly Towne Road, which closely follows the existing gravel Molly Towne roadway. Specifically, the applicant has shifted the proposed paved roadway to the greatest extent practicable away from the resource area. Also, by shifting the roadway away from the resource area, the applicant proposed to abandon the existing gravel roadway and convert it to higher quality buffer zone. However, the NACC continued to identify specific concern that snow plowing/stockpiling would have repetitive, permanent, and significant impacts to this isolated resource area. Given that the applicant is proposing to exercise great care in avoidance, minimization, mitigation to this impact, the NACC hereby requires a 2:1 wetland replication area to be constructed connecting to the second isolated wetland resource area at wetland flags 165 through 167 and as shown on the approved plan referenced and dated herein. 34. The NACC finds the applicant's proposal for 4,542 s.q. ft. of wetland replication to be adequate. The replication areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section 8.3 (p.37) of the local Regulations for performance standards). Wetland Replication activities 242-1296 Autumn Chase (Molly Towne) — Minor Mod 4 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) shall be conducted in accordance with the approved Replication plan and report referenced and dated herein. 35. A qualified wetland scientist or botanist shall monitor the replication area for two (2) consecutive growing seasons (spring and fall) upon installation of the plantings. At the end of each inspection, a progress report of the relative success or failure of the restoration efforts must be prepared by the wetland scientist or botanist, and submitted to the North Andover Conservation Commission (NACC). A total of FOUR separate monitoring reports for the replication area shall be submitted over a two-year period. If at the end of the second growing season, overall success of replication activities is not achieved, the NACC reserves the rights to require additional mitigation measures. 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. 37. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 38. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage PRIOR TO CONSTRUCTION mmmmi 39. 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. 40. This Order of Conditions includes an operations and maintenance (O&M) plan that was proposed by the applicant and approved by the NACC. Under the approved O&M plan frequent access (foot traffic as well as large equipment) must be granted to the stormwater management areas located to the rear of Lots 8, 9, 10,12A and 13A. Said access must be allowed by virtue of permanent drainage easement(s). a) The applicant has shown a "Proposed Drainage Easement" located upon PARCEL A and extending upon some 300 feet across the rear of Lots 6, 7, and 8. This easement is twenty feet 242-1296 Autumn Chase (Molly Towne) — Minor Mod 5 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) wide and is generally proposed to be planted lawn with the exception of a 12' by 20' area (adjacent to the street), which proposes a 12" thick gravel layer beneath the lawn turf. Given the remote route of access proposed by the easement, and the fact that a more direct access route is available and viable, and the fact that frequent inspections and maintenance is necessary by virtue of the applicant's propose O&M Plan, the NACC finds that the proposed drainage access easement is inadequate with regard to location and design specification. Therefore, the applicant shall not undertake any construction activity until such time as the applicant submits to the NACC for approval an alternative drainage easement (located between Lots 8 and 9) that will provide direct, and serviceable access to the stormwater management area so that the approved O&M Plan can be successfully carried out. Said easement shall include a detailed construction specification that will allow vehicular (small and large trucks, and mechanized equipment) access to the stormwater management area upon a durable surface that resists repetitive damage such as that which is likely to be inflicted by wheeled and tracked vehicles upon a grassed lawn or garden area. b) The applicant has shown a "Proposed Drainage Easement" located upon Lot 15A. This easement is twenty feet wide and is generally proposed to be planted lawn with the exception of a 12' by 20' area (adjacent to the street), which proposes a 12" thick gravel layer beneath the lawn turf. Given the fact that frequent inspections and maintenance is necessary by virtue of the applicant's propose O&M Plan, the NACC finds that the proposed drainage access easement is inadequate with regard to design specification. Therefore, the applicant shall not undertake any construction activity until such time as the applicant submits to the NACC for approval an alternative drainage easement construction design specification that will provide direct, and serviceable access to the stormwater management area so that the approved O&M Plan can be successfully carried out. Said detailed construction specification will allow vehicular (small and large trucks, and mechanized equipment) access to the stormwater management area upon a durable surface that resists repetitive damage such as that which is likely to be inflicted by wheeled and tracked vehicles upon a grassed lawn or garden area 41. 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. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 42. 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 DEP, File Number 2424296." 242-1296 Autumn Chase (Molly Towne) — Minor Mod 6 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) 43. 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. 44. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 45. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including, but not limited to, the installation of temporary and permanent erosion control devices, installation of the stormwater drainage structures to be completed before other work begins on site, and housing development. 46. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 47. A row of staked hay bales backed by trenched siltation fence 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 referenced herein, except between the replication area and the resource area where trenched silt fence ONLY shall be installed in locations as directed by the Erosion Control Monitor or the Conservation Administrator. In addition, the erosion controls a depicted on the approved plans shall be extended along the existing tree line behind lot 11 so that they connect to the proposed erosion controls behind lot 12A. The erosion control barrier 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. 242-1296 Autumn Chase (Molly Towne) — Minor Mod 7 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) 48. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 49. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 50 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. 50. A check payable to the Town of North Andover shall be provided in the amount of $21,000 ($3,000/ lot - $6000, drainage & stormwater structures - $2,000, replication activities - $13,000), which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 51. The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 52. Prior to the commencement of any work on site, the corners of the foundations shall be staked in the field by a Registered Land Surveyor (R.L.S.), which shall be verified by Conservation Staff during the Pre -Construction meeting. 53. Prior to the commencement of any work on site, the applicant shall submit the final Streetscape & Buffer and Easement plans to the Conservation Department for review and approval. 54. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion Control Monitor" (ECM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter to the Conservation Department, on company letterhead stating they have been retained as the project's Erosion Control Monitor. The designated Erosion Control Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least ONCE during each week, in which construction activities occurs on-site and for as long thereafter as ground 242-1296 Autumn Chase (Molly Towne) — Minor Mod 8 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) remains unstabilized the applicant shall submit a written report from the EMC to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. Weekly Monitoring reports are not required for any non - jurisdictional work unrelated to the activities as defined and approved under this Order. The EMC must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 55. Prior to construction, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" with forty seven (47) signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC and shall be installed at locations determined by the Conservation Administrator. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 56. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply tc each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days after to the closing of said land transaction. 57. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). DURING CONSTRUCTION 242-1296 Autumn Chase (Molly Towne) — Minor Mod 9 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) 58. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 59. A crushed stone construction entrance shall be designated for each lot to minimize soil/material tracking in accordance with the standards and specifications set forth in the approved Project Report on Drainage & Sedimentation Control referenced herein (section 6, page 12). This entrance shall be maintained and reinforced as necessary. 60. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 61. Upon beginning work, the applicant shall submit written progress report every month detailing what work has been done in or near resource areas, and anticipated work to be completed over the next period. This will update the construction sequence. 62. The NACC shall be notified in writing of any lot line or number changes with a copy of a plan showing these changes prior to any work on these lots. 63. The Erosion Control Monitor shall be on-site during the pouring of the dwelling foundations. 64. The Erosion Control Monitor shall be on site during wetland replication activities. 65. IMPORTANT: Immediately upon completion of each dwelling foundation, and prior to further construction activities associated with each lot, the applicant shall submit an interim as - built plan for each individual jurisdictional lot to the Conservation Department for review. This As -built plan shall be prepared by a Registered Land Surveyor of the Commonwealth (R.L.S.), showing at a minimum the foundation location, sub -grading, drainage system(s), recharge area(s) with seasonal high groundwater elevations, limits of work and it's proximity to wetland resource areas as approved under this Order of Conditions. 66. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 67. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 68. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 242-1296 Autumn Chase (Molly Towne) —Minor Mod 10 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) 69. De -watering activities anticipated shall be supervised and witnessed by the designated Erosion Control Monitor (ECM). This designee must be on-site while work specific to de- watering activities are occurring and until complete. Activities shall be monitored daily by the ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling tank or basin, to reduce turbidity prior to discharge into a resource area. 70. 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. 71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 72. The roadways shall be swept at least once per week or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or the Conservation staff for as long as the site remains exposed and unstabilized. 73. A permanent fieldstone wall shall be constructed upslope of the 25' No Disturbance Zone on Lot 15A and portions of Lot 16 as shown on the approved plan referenced herein. In addition a 48" high post and rail fence shall be installed on lot 16 in the location as depicted on the approved plan referenced herein. 74. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 75. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or biodegradable matting. 76. Equipment shall not be staged overnight within 50 -feet of a wetland resource area. 77. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 78. 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 242-1296 Autumn Chase (Molly Towne) — Minor Mod 11 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 79. 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. STORMWATER MANAGEMENT CONDITIONS 80. All construction and post -construction stormwater management structures shall be maintained and monitored in accordance with the approved Operation and Maintenance Procedures plan included as an attachment to this Order, approved site plans, the MA Stormwater Management Policy, and as approved by the NACC. 81. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the Erosion Control and Maintenance Plan as referenced and attached herein. 82. Construction of the stormwater detention basins shall be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 83. The two detention basins shall be designed & constructed in accordance with the approved revised plans referenced herein. In addition, trash rack protection devises shall be installed at the v -notch weir outlets also in accordance with the approved plan details. 84. Roof drain cisterns shall be installed on each lot for additional subsurface infiltration in accordance with the approved plan details. 85. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 86. All stormwater Best Management Practices (BMPs) shall be maintained as specified in the above-mentioned Erosion Control and Maintenance Plan, and as incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated 242-1296 Autumn Chase (Molly Towne) — Minor Mod 12 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 87. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 88. Water quality of the adjacent Bordering Vegetated Wetland (BVW) and intermittent stream,, shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 89. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. This condition will remain in perpetuity. 90. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as shown on the approved plans referenced herein. 91. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. This condition will remain in perpetuity. 92. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the Operation & Maintenance Procedures Plan and the associated stormwater management conditions referenced and attached herein. AFTER CONSTRUCTION 93. 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. 94. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. Only organic fertilizers may be used. This condition shall survive this Order of Conditions and shall run with the title of the property. 242-1296 Autumn Chase (Molly Towne) — Minor Mod 13 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) This condition is issued under the authority of the Towns Wetland Protection Bylaw and shall remain in perpetuity. 95. Two (2) Permanent signs designating "No -Salt Zone" and "No -Snow Stockpiling Zones" shall be displayed at the cul-de-sac roadway (3 and 5 o'clock locations) and are subject to review and subsequent approval by the NACC or Agent thereof. 96. No less than 40 Open Space markers shall be purchased by the applicant from Quality Name Plate, Inc. or other equivalent manufacturer. Said markers shall be installed evenly throughout the designated Open space areas as directed by the Erosion Control Monitor and/or the Conservation Agent. Information regarding the purchasing from Quality Name Plate, Inc. can be obtained by contacting the Conservation Department. 97. Prior to the issuance of the Certificate of Compliance, the applicant shall submit to the Conservation Department an Affidavit from the Department of Public Works acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan referenced and attached herein. This affidavit must be submitted prior to Town street acceptance at Town Meeting. 98. 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. 99. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 100. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the 242-1296 Autumn Chase (Molly Towne) — Minor Mod 14 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) Commission. This certification statement shall include verification that the stormwater management system functions as designed. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. Plans shall also detail information sufficient to define the geometry of the basins and systems, including the applicable seasonal high groundwater elevations. The plans shall be accompanied by as -built volumetric calculations (pre vs. post construction) NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stonewalls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a� disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 101. 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 this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); ➢ Discharge or spillage of pollutants (Condition #79); ➢ Maintenance of catch basins (Condition #89); ➢ Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #91); 242-1296 Autumn Chase (Molly Towne) — Minor Mod 15 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) ➢ The attached "Erosion Control and Maintenance Procedures" Plan prepared by Merrimack Engineering Services, Inc. (Section 6.5). No additional filings will be required to conduct maintenance of the above referenced system and plan. ➢ Prohibition of underground fuels (Condition #93); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition # 94). 242-1296 Autumn Chase (Molly Towne) — Minor Mod 16 NACC 8/27/2013 DEP FILE # 242 —1296 (Minor Modification 8-14-13) I, 1) APPENDIX A - AFFIDAVIT on oath do hereby depose and state: (authorized agent of applicant and / or owner) I am the (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) of (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File #) placed upon by the North Andover Conservation Commission (NACC). 2) I am the (position with owner) and / or of (owner) the owner upon whose land Order of Conditions (DEP or NACC File #) placed upon by the NACC. have been ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) 242-1296 Autumn Chase (Molly Towne) — Minor Mod 17 NACC 8/27/2013