HomeMy WebLinkAboutConservation Permit # 7/14/2004 Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
L11 WPA Form 5 - Order of Conditions NACC# 16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ❑ Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Robert Coppola Merrimack College
use the return a. First Name b. Last Name c.Company
key. 315 Turnpike Street
d.Mailing Address
ia6 North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b. Last Name c.Company
d.Mailing Address
e.City/Town f. State g.Zip Code
5. Project Location:
315 Turnpike Street(Monican Boulevard North Andover
Relocation) b.Cityfrown
Map 25 Parcel 13
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: +42.67 -71.12
electronic filers will click for GIS locator): e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b. Certificate(if registered land)
30 329
c.Book d. Page
5/14/04 6/23/04 7/14/04
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Merrimack College Monican Boulevard Relocation
a. Plan Title
Sasaki Associates, Inc. &Andover Consultants John D. Hollywood, P. E.
b. Prepared By c. Signed and Stamped by
6/1/04 1" = 20'
d.Final Revision Date e. Scale
See attached
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $ 850.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.7/14/04 Page 1 of 8
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
L11 WPA Form 5 - Order of Conditions NACC# 16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
f. ® Protection of Wildlife
d. ® Private Water Supply e. F] Fisheries Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.7/14/04 Page 2 of 8
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
L11 WPA Form 5 - Order of Conditions NACC# 16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land Subject
to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h. cubic feet
7. ❑ 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
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet
Sq ft between 100-200 ft e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks a. linear feet b. linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
C.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.7/14/04 Page 3 of 8
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions NACC# 16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain 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 of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this 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.
9. 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, WA DEP"]
"File Number
NACC# 16 "
wpaform5.doc• rev.7/14/04 Page 4 of 8
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions NACC# 16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. 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 DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 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.
14. 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.
15. 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.
16. 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.
17. 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.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.7/14/04 Page 5 of 8
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions NACC# 16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
s. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
E. Issuance
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
7/14/04
1. Date of issuance
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 hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically (see ndix A), and the property
owner, if different from applicant.
Signat res:
wpaform5.doc• rev.7/14/04 Page 6 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC# 16
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this 1q of -J" '20C) ✓
Day Month Year
Before me, the undersigned Notary Public, personally appeared
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
Cityrrown
nature of Notary Public
Printed Name of Notary Public
DONNA M.WEDGE
Place notary seal and/or any stamp above
My Com it AL' A88MNJ M
This Order is issued to the applicant as follows: kVCo LN WAi07.20M
[2'by hand delivery onby certified mail, return receipt requested, on
y
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 DEP 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 Appendix E: Request of 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.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
wpaform5.doc• rev.7/14/04 Page 7 of 8
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions NACC# 16
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index 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 Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
NACC# 16
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
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
wpaform5.doc• rev.7/14/04 Page 8 of 8
NACC#16
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.
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).
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
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NACC#16
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. NACC #16.
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 realignment of Monican Boulevard to improve
traffic flow within the buffer zone to an isolated vegetated wetland.
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: Merrimack College
C/o Robert Coppola
315 Turnpike Street
North Andover,MA 01845
Dated May 14,2004
Prepared by: Sasaki Associates, Inc.
64 Pleasant Street
Watertown,MA 02472
Site Plans prepared by: Sasaki Associates,Inc.
64 Pleasant Street
Watertown,MA 02472
Andover Consultants
1 East River Place
Methuen, MA 01844
Dated May 11,2004;Last revised June 1,2004
Entitled "Merrimack College Monican Boulevard
Relocation". Consisting of sheets CO-1 through CO-4,
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NACC#16
C1- 1 through C1 -4, C2-1 through C2-4, C3-1 through
C3-4,C4-1 through C4-4, C5-1 through C5-4,C6-1
through C6-4,L1 - 1 through L1-4,and L2-1 through
L2-2 (34 sheets in total). Stamped and signed by John
D. Hollywood,P.E.
Buffer Zone Restoration/
Enhancement Report
prepared by: Wetlands Preservation, Inc.
47 Newton Road
Plaistow,NH 03865
Dated May 20,2004
Entitled"Buffer Zone Restoration Enhancement
Program Monican Boulevard North Andover,
Massachusetts" including Table 1- "Buffer Zone
Landscaping Plan" &Appendix A.
Additional Record
Documents: Revisions and Addendums to Notice of Intent
(replaced and attached to record NOI,unless otherwise
referenced herein);
Determination of Applicability;
Notification of Certification to abutters (Affidavit of
Service), dated 5VW04,-
Certified list of Abutters,dated 5/17/04;
Stormwater management review letter prepared by
Lisa Eggleston,P.E. dated June 22,2004.
30. The following wetland resource areas are affected by the proposed work: Buffer
Zone to IsolatedVegetated 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. The wetland boundary was
previously approved under a Determination of Applicability issued on May 9,
2002.
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 in those
areas as approved and depicted on the record plan The Conservation
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NACC#16
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. 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.
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, in the event they proceed to
alter areas subject to the Commission's 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. 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.
Maintenance of the drainage system,if accepted by the Town as part of a public
way, becomes the responsibility of the Town.
36. The approved plan depicts the erosion controls inside the 25-foot No Disturbance
Zone in several locations. All erosion controls shall be moved to a location
outside of the 25-foot No Disturbance Zone wherever possible. The NACC
reserves the right to mandate additional restoration/mitigation efforts in those
areas where disturbance in the 25-foot no-disturbance zone has occurred from the
placement of said erosion controls.
37. The NACC finds the applicant's proposal for 7,768 sq.ft. of wetland buffer zone
restoration/enhancement to be adequate. The enhancement areas shall be
constructed in accordance with the Restoration Report and attached Table 1-
"Buffer Zone Landscape Planting". Said plantings shall be planted during and
immediately following construction activity on site. This sequence shall be
reflected in the construction sequence.
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NACC#16
38. Any restoration/enhancement within the 25-foot No-Disturbance areas shall be
monitored by a qualified wetland specialist for two growing seasons and
monitoring reports shall be submitted to the Conservation Department at the end
of each growing season to report on the relative success or failure of the
restoration effort. If at the end of the second growing season,it has been
determined that a 75%success rate has not been achieved,the NACC maintains
the right to require additional mitigative measures.
39. 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
40. 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.
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 "NACC # 16."
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
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NACC#16
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 the construction of
compensation and retention areas, installation of sedimentation/erosion control
devices and re-vegetation to be completed before other work begins on-site.
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 and referenced
herein and shall be inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas have been permanently
stabilized to prevent erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented at the
direction of the NACC. 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.
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48. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 30 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.
49. A check payable to the Town of North Andover shall be provided in the amount of
$10,000,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.
50. The applicant shall designate a Wetland Scientist as an"Erosion Control Monitor"
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 writing by the hired
professional 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 person shall be
given the authority to stop construction for erosion control purposes. The erosion
control monitor 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 remains unstabilized, the
applicant shall submit a written report from the"Erosion Control Monitor" 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. The erosion control
monitor 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.
51. Prior to construction,the applicant shall permanently mark the edge of the"25'
No-Disturbance Zone"with signs or markers spaced evenly every 50 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 available at the Conservation Office for$2
apiece and are subject to review and approval by the NACC. The applicant shall
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instruct all agents to explain these markers to buyers/lessees/landscapers and all
persons taking over the property from the applicant..
52. 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.
53. 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 allcontractors, 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).
STORMWATER MANAGEMENT CONDITIONS
M- J
54. 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-
55.
ommission55. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and incorporated
in the Order of Conditions.
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56. 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.
57. 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.
DURING CONSTRUCTION
58. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
59. Final grading within the vegetated area between the roadway and the isolated
wetland,specifically the area south of catchbasin #16,which was formally occupied
by the easternmost row of parking of the previously existing lot,shall be performed
in such a way as to maintain the existing drainage boundary and to direct the flow
away from the wetland,e.g. through a shallow swale. Upon such associated grading
activities, the applicant shall contact the Conservation Administrator for a site
inspection to verify that the finished grade is consistent with these objectives. If
final grading in this location is determined to be inconsistent with these objectives,
the applicant shall correct the grading until such objectives have been adequately
met.
60. 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.
61. Approved de-watering activities shall be supervised and witnessed by the
designated erosion control monitor. De-watering activities shall be conducted as
shown on the approved plans and referenced in the Notice of Intent and shall be
monitored daily by the erosion control monitor 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 of the
Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de-
watering requirements arise, the applicant shall submit a contingency plan to the
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Commission for approval, which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
62. 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.
63. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
64. No re-grading 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.
65. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
66. After proper grading, all disturbed areas located within a resource area, which will,
not remain as wetland areas, shall be foamed (minimum of 4" of quality loam), and
seeded. This shall all be done in accordance with SCS guidelines. 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.
67. Washings from concrete trucks, or surplus concrete, shall not be directed to; any
drainage system, or wetland resource area.
68. 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. However, no trash dumpsters will be allowed within 50'of areas subject to
protection under the Act or local ByLaw.
69. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
70. 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
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wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
71. 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.
72. 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.
73. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands.
74. 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.
75. 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.
76. 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.
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h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) 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 Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer (and/or 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. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone than the entire structure must be
depicted to accurately verify compliance.
➢ "As-Built" post-development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone,which is regulated as a resource area under the local Wetland
Protection Bylaw.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work' includes M disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
77. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
)0- 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 NACC # 16. 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;
➢ Maintenance of catch basins (Condition #60);
➢ Discharge or spillage of pollutants (Condition#70);
➢ Prohibition of underground fuels (Condition #71);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #72& 73).
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➢ Maintenance of stormwater management structures (Condition #57).
➢ The attached "Stormwater Operations and Management Plan",
including Best Management Practices. No additional filings will be
required to conduct maintenance of the above referenced system and
plan.
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APPENDIX A-AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the 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. 1 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)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19—
(Signature
9(Signature-authorized agent of applicant or owner)
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