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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1548
WPA Form 5 -Order of Conditions eDEP Transaction#:472802
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.I- Amended OOC
3.Applicant Details
a First Name b.Last Name
c.Organization DEPARTMENT OF CONSERVATION AND RECREATION
d.Mailing Address 251 CAUSEWAY STREET,SUITE 800
e.City/Town BOSTON f.State MA g.Zip Code 02114
4.Property Owner
a.First Name b.Last Name
c.Organization DEPARTMENT OF CONSERVATION AND RECREATION
d.Mailing Address 251 CAUSEWAY STREET,SUITE 800
e.City/Town BOSTON f.State MA g.Zip Code 02114
5.Project Location
a.Street Address HAROLD PARKER ROAD
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 109 e.Parcel/Lot# 33
f.Latitude 42.61757N g.Longitude 71.06941W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 5904 64
7.Dates
a Date NOI Filed:3/29/2012 b.Date Public Hearing Closed: 5/9/2012 c.Date Of Issuance: 5/24/2012
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
STEARNS POND- LYCOTT
VARIOUS MAPS ENVIRONMENTAL 04/20/12 1:5,000 FEET
INCORPORATED
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
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Massachusetts Department of Environmental Protection Provided by MassDEP:
� Bureau of Resource Protection-Wetlands MassDEP File#:242-1548
WPA Form 5 -Order of Conditions eDEP Transaction#:472802
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.dy nourishment d.dy nourishment
14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.dy nourishment
15.r Coastal Banks
a linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a square feet b.square feet
c.dy dredged d.c/y dredged
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
ms`s - Bureau of Resource Protection-Wetlands MassDEP File#:242-1548
WPA Form 5-Order of Conditions eDEP Transaction#:472802
tt Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CitylTown:NORTH ANDOVER
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1548"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) E is not(2)F subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stomiwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
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Massachusetts Department of Environmental Protection Provided by MassDEP:
��. Bureau of Resource Protection-Wetlands MassDEP File#:242-1548
WPA Form 5-Order of Conditions eDEP Transaction#:472802
r t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1548
WPA Form 5 -Order of Conditions eDEP Transaction#:472802
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER
E. Signatures �J
This Order is valid for three years from the date of issuance,unless otherwise specified - p` 17/
/T2
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions. 7
Please indicate the number of members who will sign this form.This Order must be signed by
a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or han•. delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Enviro i'�ental Protection •egional Office,if not filing
electronically,and the property owner,if different from applicant.
141h /.' i
Signatures:
•0 /
E by hand delivery on Pcy certified mail,return receipt requested,on
/ .,7.51 la
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not p
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
i- Bureau of Resource Protection-Wetlands MassDEP File#:242-1548
WPA Form 5 -Order of Conditions eDEP Transaction#:472802
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
{ G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
NORTH ANDOVER
Conservation Commission 1
Please be advised that the Order of Conditions for the Project at:
iHAROLD PARKER ROAD 242-1548
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for
t
Property Owner
and has been noted in the chain of title of the
affected property in:
Book
Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
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DEP FILE#242 - 1548
Therefore,the North Andover Conservation Commission(hereafter the"NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: Mechanical harvesting (harvester and hydrorake) for
management of nuisance aquatic vegetation in Stearns Pond and improve the natural
capacity of the resource area to function. The area to be hydro-raked is approximately
1,829,520 square feet (area proposed for 2012 management is approximately 4-acres). The
management goal is to reduce growth of nuisance species, increase open water habitat
and maintain a healthy composition of indigenous species.
21. The work shall conform to the following:
Applicant: Department of Conservation and Recreation
251 Causeway Street, Suite 800
Boston, MA 02114
Representative: William Stevenson
Lycott Environmental, Inc.
600 Charlton Street
Southbridge, MA 01550
Dated: 03/30/12
Site Plans prepared by Lycott Environmental, Inc.
Titled: Proposed Management Area
Dated: 3/26/2012
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
242-1548,Harold Parker- Stearns pond hydro-raking ooc 1 NACC 5/24/2012
DEP FILE#242 - 1548
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In 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 as shown on the herein referenced site plans. 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.
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other 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.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the beach and swimming area
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
36. 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.
37. 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.
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DEP FILE #242 - 1548
applicant/contractor shall notify the Conservation Department of any matter that
requires attention by the Commission or the agent.
45. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under
the pains and penalties of perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
46. Prior to commencement of any activities on site, a meeting shall be scheduled at the site
with representatives from the DCR, Lycott Environmental, Inc., the contractor(s) and the
Conservation Department to review the proposed work and ensuing conditions and
review the installed erosion controls. This Order shall be included in all 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
supervisor responsible for the coordination of the proposed work and to ensure
compliance with this Order.
STORMWATER MANAGEMENT CONDITIONS
47. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site
DURING CONSTRUCTION
48. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
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49. Work activities shall follow the removal techniques, procedures and specifications as
submitted in the Notice of Intent referenced herein.
50. No change in grade/deepening or alteration of the pond bottom or along the
shores/banks of the pond shall be allowed during or as a result of the approved activities.
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DEP FILE#242 - 1548
58. All waste generated by, or associated with, the approved activity shall be contained
within the limit of work, 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. However,no trash
dumpsters will be allowed within 50' of areas subject to protection under the Act or local
ByLaw.
59. 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
60. 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.
61. 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. 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 and shall remain in
perpetuity.
62. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
63. Immediately upon completion of work activities, the Conservation Department shall be
notified for a post construction inspection. In addition, a post management survey will be
conducted and compiled into the year-end report. The applicant will gather data on the
effects of management and environmental changes. A report will be submitted to the
NACC with recommendations for the following year until management of the six pre-
determined areas is complete.
64. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
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DEP FILE #242 - 1548
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. Iamthe of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number) b;
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 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 Order of Conditions are presently in compliance.
(DEP File#)
& g
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 20
(Signature-authorized agent of applicant or owner)
242-1548,Harold Parker- Stearns pond hydro-raking ooc 9 NACC 5/24/2012