HomeMy WebLinkAboutMiscellaneous - 1101 TURNPIKE STREET 4/30/2018 (7)('C 0 N E C 0
Engineers & Scientists
September 12, 2017
Coneco Project No. 5598.M
Mr. Brian LaGrasse, Director
North Andover Health Department
1600 Osgood Street
Building 20, Suite 2035
North Andover, Massachusetts 01845
RE: Public Involvement Notification
ENVIRONMENTAL
ECOLOGICAL
RECEIVE®
SEP 15 2017
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
ENERGY
SURVEY
CIVIL
Immediate Response Action Completion Report,
Final Remedial Monitoring Report,
Phase III - Remedial Action Plan, and Phase IV - Remedy Implementation Plan
Hydraulic Oil Release
Vehicle Maintenance Garage
Massachusetts Electric Company Service Center
1101 Turnpike Street
North Andover, Massachusetts
Release Tracking Number 3-31085
Dear Mr. LaGrasse:
On behalf of the Massachusetts Electric Company d/b/a National Grid (MECO), pursuant to
310 CMR 40.1403 of the Massachusetts Contingency Plan (MCP), Coneco Engineers &
Scientists, Incorporated (Coneco) submits the following letter serving as written notification
of the submittal of an Immediate Response Action (IRA) Completion Report, Final Remedial
Monitoring Report (RMR), Phase III - Remedial Action Plan (RAP), and Phase IV - Remedy
Implementation Plan (RIP) for the above -referenced location, hereinafter, the "Site." This
submittal is regarding response actions conducted to address a release of oil and/or hazardous
materials at the above -referenced location. This letter follows notification to the Massachusetts
Department of Environmental Protection - Northeast Regional Office (DEP-NERO) on
September 5, 2012 and the submittal of the above-mentioned report on or about September
12, 2017.
A copy of the Phase III RAP summary of findings and statement of conclusions and Phase IV
RIP description of the Comprehensive Remedial Action is attached to this letter.
This letter provides requisite notification of the proposed schedule for implementation of the
proposed Comprehensive Remedial Alternative under the Phase IV RIP. Phase IV field
activities are scheduled to commence in the fall of 2017 and will be conducted on a monthly
basis pending an on-going evaluation of Site conditions. It is expected that Phase IV
activities will be conducted on a periodic basis for a duration of approximately one to five
years. Phase IV field activities will not require the use of respirators nor Level A, B, or C
personal protective equipment.
The submitted IRA Completion Report, Final RMR, Phase III RAP, and Phase IV RIP is
available in the files at the DEP-NERD and online through the DEP website at
4 First Street, Bridgewater, MA 02324 (508) 697-3191 (800) 548-3355
Coneco.com
RTN 3-31085
1101 Turnpike Street September 12, 2017
North Andover, Massachusetts Page 2
http://public.dep.state.ma.us/fileviewer/Rtn.aspx?rtn=3-0031085. A copy of this report may
also be obtained by contacting the undersigned in writing. For more information about the
public involvement regulations that require this notice and a description of such public
involvement activities available under the MCP, see
http://www.mass.gov/eea/agencies/massde /cp lepup/. Pursuant to the provisions of 310
CMR 40.0000, additional response actions are warranted at the Disposal Site prior to the
submittal of a Temporary or Permanent Statement. This submittal is being made on behalf of
MECO, the party conducting response actions relating to this release.
If you have any questions regarding the above information, please contact the undersigned.
Sincerely,
Coneco Engineers & Scientists, Incorporated
)MCich4ael /� J�hi i'�`"`
Project Manager
(I
Brian F. Klingler, P.G., L.S.P.
Principal Geologist
PAJ:MJP:JDA:BFK;jd
Z:\\5598.M - Municipal IRAC_Ph. III_Ph IV.doc
Enclosures: Phase III RAP Summary of Findings and Statement of Conclusions and
Phase IV RIP Description of the Comprehensive Remedial Action
cc: DEP-NERD
MECO
CONECO ENGINEERS & SCIENTISTS, INCORPORATED
Phase III - Remedial Action Plan: Summary of Findings and
Phase IV - Remedy Implementation Plan: Description of Comprehensive Response Actions
Hydraulic Oil Release
Vehicle Maintenance Garage
Massachusetts Electric Company Service Center
1101 Turnpike Street
North Andover, Massachusetts
Release Tracking Number 3-31085
Phase III - Remedial Action Plan: Summary of Findings
Coneco is of the opinion that, due to the monetary costs coupled with the level of effort required,
neither excavation of soil and removal of LNAPL and impacted groundwater nor passive/active
LNAPL recovery with surfactant application would be the most feasible, cost-effective, or timely
remedial response action for the Disposal Site. Natural attenuation is neither a reliable nor a timely
remedial approach to achieve a Permanent Solution at this Disposal Site.
Therefore, it is the opinion of Coneco that the most feasible, cost-effective, and timely remedial
response action for the Disposal Site will be a Risk Assessment coupled with the implementation of
an AUL.
Phase IV - Remedy Implementation Plan: Description of Comprehensive Response Actions
LNAPL Gauging and Passive Recovery
As part of Phase IV RIP activities, Coneco will continue periodic product gauging and the passive
recovery of LNAPL at the Disposal Site. The depth to groundwater and/or LNAPL will be measured
and, if present, the approximate thickness of the LNAPL will be determined. If encountered, LNAPL
and impacted groundwater will be removed. The gauging and removal will be conducted on a
monthly basis for approximately 1 year; however, the frequency and duration may be modified based
on field observations. If warranted, oil -absorbent socks may be utilized to aid in the passive LNAPL
recovery process.
Groundwater Sampling
In conjunction with implementation of the proposed RIP activities, Coneco will collect groundwater
samples from viable Disposal Site groundwater monitoring wells on a quarterly basis, with the next
sampling event scheduled during October 2017. Groundwater samples will be collected using
appropriate DEP sampling protocols and submitted to an independent, Massachusetts and NELAP-
certified laboratory for analysis of EPH by the DEP Method.
Quarterly groundwater gauging and sampling will continue for approximately 1 year. The duration
of monitoring will be sufficient to confirm stability of Site conditions in support of a Permanent
Solution for the Disposal Site.
Risk Characterization and AUL
The selected RAA is the performance of a Site-specific risk characterization followed by the
implementation of an AUL to be recorded for the Disposal Site (or a portion thereof) in order to
maintain exposure scenarios and achieve the criteria for a Permanent Solution. The implementation
of the AUL will require the preparation and registration of the documents associated with the AUL,
RTN 3-31085
1101 Turnpike Street
North Andover, Massachusetts
September 7, 2017
Page 2
including a surveyed land plan indicating the boundaries of the AUL area. The risk characterization
and AUL implementation will require approximately 1 to 2 years.
Environmental Monitoring Plan
Coneco will continue periodic passive LNAPL recovery as an Active Remedial Monitoring Program,
and Remedial Monitoring Reports will be submitted to the DEP-NERD every six months concurrent
with the Phase IV Status Reports.
In order to comply with health and safety procedures pursuant to 310 CMR 40.0018, proposed RIP
remedial activities will be completed in accordance with Coneco's Site -Specific Health and Safety
Plan, included for reference in Appendix 6. In addition, activities undertaken as part of the RIP will
be performed in a manner that will deter the migration of existing Disposal Site impacts.
Environmental Impact Mitigation Controls
It is anticipated that no sensitive environmental receptors will be impacted by the proposed RIP. As
such, environmental impact mitigation controls should not be necessary during RIP activities.
Remediation Waste
Remediation waste generated at the Disposal Site as the result of additional response actions (i.e.,
passive LNAPL recovery and quarterly groundwater sampling) will be managed in accordance with
the specifications of 310 CMR 40.0030. It is expected that impacted media generated during RIP
activities will be collected within DOT -approved containers and transported off -Site under Uniform
Hazardous Waste Manifest or Bill of Lading for proper disposal at an appropriate receiving facility.
Required Permits
Pursuant to 310 CMR 40.0870, RIP activities will be conducted in accordance with all applicable
provisions of 310 CMR 40.0000. In accordance with the requirements of 310 CMR 40.0880 and 310
CMR 40.1400, Coneco has provided notice of the submittal of the Phase IV RIP in the form of a
notification letter to the Chief Municipal Officer and Town of North Andover Health Department.
Schedule
It is expected that the proposed Phase IV RIP activities will commence in the fall of 2017. Periodic
LNAPL gauging and passive recovery, along with quarterly monitoring of viable groundwater
monitoring wells within the Disposal Site, will be conducted until it is demonstrated that the
requirements for a Permanent Solution have been achieved. Phase IV Status Reports and, when
necessary, Remedial Monitoring Reports will be submitted to the DEP-NERD every six months.
Based on the nature of the proposed Phase IV RIP, Coneco is of the opinion that an As -Built
Construction Report, pursuant to 40.0875, will not be necessary for the Disposal Site. When
Disposal Site conditions allow, a Phase IV Completion Report will be submitted to the DEP-NERD
concurrent with the completion of a Site-specific risk characterization performed concurrent with an
AUL recorded for the Disposal Site in order to achieve a Permanent Solution. The risk
characterization and AUL implementation will require approximately 1 to 2 years, if necessary.
V
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
A. Project Information
1. This Certificate of Compliance is issued to:
National Grid, USA
2.
Name
1101 Turnaike Street
Mailing Address
DEP File Number:
242-1360
Provided by DEP
North Andover
MA 01845
City/Town
State Zip Code
This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
National Grid, USA
Name
July 3, 2006
242-1360
Dated
DEP File Number
3. The project site is located at:
1101 Turnpike Street
Street Address
Mao 107C
Assessors Map/Plat Number
North Andover
City/Town
Parcel 16
Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Metrowest Realty LLC
Property Owner (if different)
Fcccv Alnrfh 1n1Qa r
County
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
12/7/11
wpafrm8b.doc • rev. 12/23/09
Date
WPA Form 88, Certificate of Compliance • Page 1 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1360
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:
66
C. Authorization
Issued by:
North Andover
wpafrm8b.doc • rev. 12/23/09
Conservation Commission
al, I
Date of Is uance
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/dep/about/region/findyour.htm).
WPA Form 86, Certificate of Compliance • Page 2 of 3
1' w
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
L, i WPA Form 8B — Certificate of Compliance 242-1360
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:
1101 Turnpike Street 242-1360
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Metrowest Realtv LLC
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:
Document Number
Signature of Applicant
wpafrm8b.doc • rev. 12/23/09 WPA Form 8B, Certificate of Compliance • Page 3 of 3
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
r6
amen
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
From:
North Andover
Conservation Commission
To: Applicant
Massachusetts Electric Co. c/o Joshua Holden
Name
1101 Turnpike Street
Mailing Address
North Andover
City/Town
MA. 01845
State Zip Code
Property Owner (if different from applicant):
LLc
Name
as
MailingAddress
M /�
Weoi 60root 615gr
City/Town J State Zip Code
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
RDA
Title i
`Mi 6)o:st.r COJJ DilS-plah of L,"A
Title J
Title
2. Date Request Filed:
1/27/06
B. Determination
1/27/06
Date
Date
Date
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
The removal of two underground storage tanks, fuel pumps and canopy within the Buffer Zone to a
Borderinq Vegetated Wetland and Riverfront Area.
Project Location:
1101 Turnpike Street
Street Address
Map 107C
Assessors Map/Plat Number
North Andover
City/Town
Block 16
Parcel/Lot Number
wpaform2.doc • rev. 311/05 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name
Ordinance or Bylaw Citation
wpaform2.doc • rev. 3/1/05 Page 2 of 5
Massachusetts- Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post -marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See attached conditions'
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc • rev. 3/1/05 Page 3 of 5
%1a of "N nrfh A "ejoirP�' .�ORTN
Town
Oftt4a° ,61ti
Ando
Office of. the Conservation Department
Community Development and Services Division • .
9q
�l °litre° r�`�•(%
400 Osgood S(rePt 9sScllu`'��
North Andovor, Massachugettq 0184ti
Conservation Commission Tel(,Phone (978) 688-9530
Fax (978) 688-9542
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
MA Electric Co. 1101 Turnpike Street, North Andover
At the March 8, 2006 Conservation Commission public hearing the North Andover
Conservation Commission (NACC) voted unanimously to issue a Negative 2 Determination
of Applicability to remove 210,00(1 -gallon double -walled underground storage tanks
(UST's), fuel pumps and canopy within the buffer zone to a BVW and within Riverfront
area of Boston Brook at the above referenced property.
Record Documents: Request for Determination of Applicability entitled "Request for
Determination of Applicability for Proposed Underground Storage
Tank Removal, received January 27,2006;
North Andover Conservation Commission Waiver Request Form,
received January 27, 2006;
Addendum letter and attached detail plans dated March 1, 2006;
Site plan entitled, "Limited Existing Conditions Plan of Land",
prepared by Oak Engineers, Brown's Wharf Newburyport, MA
01950 dated February 23, 2006 revised March 1, 2006. Plans stamped
& signed by Joseph D. Simon, PLS.
Pre -Construction Conditions
❖ Erosion controls shall be placed between all construction areas and wetlands, as shown
on the record plans. 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 in accordance with the approved plans and procedures and 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 referenced in this
!InAP.T) OF .1PPLAT S 6RR-9541 BI'IIDTNG 638-9545 CONSERVATION' 6RR-9530 ITFAI T316RR-9540 DI LAN'S'ING 6RR-9536
Order of Conditions. Should such installation be required by the NACC, they shall be.
installed within 48 hours of the Commission's request. In addition, the applicant shall
properly install erosion controls and/or other appropriate protection measures (eg. silt
sacks) around or within the identified catch basins as shown on the approved plan and
described in the documents referenced herein.
❖ Immediately following completion of the above-mentioned items, the applicant shall contact
the Conservation Department to schedule an on-site meeting. The applicant and
contractor must be present at the pre -construction meeting. This Negative Determination
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 permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Determination resulting from
failure to comply with its conditions. A reasonable period of time shall be provided as
notice of the pre -construction meeting (e.g. 48 hours).
During._ Construction
❖ The applicant shall be responsible for ensuring that the specifications, procedures, and
protection measures as outlined in the approved plans and documents are fully adhered to.
❖ The Conservation Department shall be notified immediately if changes in the scope of the
work differ in any way from the approved work and project specifications and procedures.
Post Construction
❖ Upon completion of the work, any disturbed areas shall be permanently stabilized against
erosion.
❖ The Conservation Department shall be notified upon completion in order to conduct a final
site inspection.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 —Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetland Protection Bylaw
Name
C. Authorization
Chapter 178
Ordinance or Bylaw Citation
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on N(by certified mail, return receipt requested on
Date
31it1e6,
Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see Attachment) and the property owner (if different from the
applicant).
lit o&
Date
wpaform2.doc • rev. 3/1/05 Page 4 of 5
Massachusetts Department of Environmental Protection
L7 Bureau of Resource Protection - Wetlands
WPA Form 2 —Determination of Applicability
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, 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 Department of Environmental
Protection Regional Office (see Attachment) to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see 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 Determination. 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 Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc • rev. 311/05 Page 5 of 5
Massachusetts Department of Environmental Protection
L77 Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments, payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
Acton
Charlton
Hopkinton
DEP Western Region
Adams Colrain
Hampden
Monroe
Pittsfield
Tyringham
436 Dwight Street
Agawam Conway
Hancock
Montague
Plainfield
Wales
Suite 402
Alford Cummington
Amherst Dalton
Hatfield
Hawley
Monterey
Montgomery
Richmond
Rowe
Ware
Warwick
Springfield, MA 01103
Ashfield Deerfield
Heath
Monson
Russell
Washington
Phone: 413 784-1100
Becket Easthampton
Hinsdale
Mount Washington
Sandisfield
Wendell
West Boylston
Belchertown East Longmeadow
Holland
New Ashford
Savoy
Westfield
Fax: 413-784-1149
Bernardston Egremont
Holyoke
New Marlborough
Sheffield
Westhampton
Oakham
Blandford Erving
Huntington
New Salem
Shelburne
West Springfield
Littleton
Brimfield Florida
Lanesborough
North Adams
Shutesbury
West Stockbridge
Grafton
Buckland Gill
Lee
Northampton
Southampton
Whatety
Blackstone
Charlemont Goshen
Lenox
Northfield
South Hadley
Wilbraham
Cheshire Granby
Leverett
Orange
Southwick
Williamsburg
Chester Granville
Leyden
Otis
Springfield
Williamstown
Townsend
Chesterfield Great Barrington
Longmeadow
Palmer
Stockbridge
Windsor
Princeton
Chicopee Greenfield
Ludlow
Pelham
Sunderland
Worthington
Milford
Clarksburg Hadley
Middlefield
Peru
Tolland
Abington
DEP Central Region
Acton
Charlton
Hopkinton
Millbury
Rutland
Uxbridge
627 Main Street
Ashburnham
Clinton
Hubbardslon
Millville
Shirley
Warren
Ashby
Douglas
Hudson
New Braintree
Shrewsbury
Webster
Worcester, MA 01608
Athol
Dudley
Holliston
Northborough
Southborough
Westborough
Phone: 508-792-7650
Auburn
Dunstable
Lancaster
Northbridge
Southbridge
West Boylston
Fax: 508-792-7621
Ayer
East Brookfield
Leicester
North Brookfield
Spencer
West Brookfield
Barre
Fitchburg
Leominster
Oakham
Sterling
Westford
TDD: 508-767-2788
Bellingham
Gardner
Littleton
Oxford
Stow
Westminster
Berlin
Grafton
Lunenburg
Paxton
Sturbridge
Winchendon
Blackstone
Groton
Marlborough
Pepperell
Sutton
Worcester
Bolton
Harvard
Maynard
Petersham
Templeton
Boxborough
Hardwick
Medway
Phillipston
Townsend
Boylston
Holden
Mendon
Princeton
Tyngsborough
Brookfield
Hopedale
Milford
Royalston
Upton
DEP Southeast Region
Abington
Dartmouth
Freetown
Mattapoisett
Provincetown
Tisbury
20 Riverside Drive
Acushnet
Dennis
Gay Head
Middleborough
Raynham
Truro
Attleboro
Dighton
Gosnold
Nantucket
Rehoboth
Wareham
Lakeville, MA 02347
Avon
Duxbury
Halifax
New Bedford
Rochester
Wellfleet
Phone: 508-946-2700
Barnstable
Eastham
Hanover
North Attleborough
Rockland
West Bridgewater
Fax: 508-947-6557
Berkley
East Bridgewater
Hanson
Norton
Sandwich
Westport
Bourne
Easton
Harwich
Norwell
Scituate
West Tisbury
TDD: 508-946-2795
Brewster
Edgartown
Kingston
Oak Bluffs
Seekonk
Whitman
Bridgewater
Fairhaven
Lakeville
Orleans
Sharon
Wrentham
Brockton
Fall River
Mansfield
Pembroke
Somerset
Yarmouth
Carver
Falmouth
Marion
Plainville
Stoughton
Chatham
Foxborough
Marshfield
Plymouth
Swansea
Chilmark
Franklin
Mashpee
Plympton
Taunton
DEP Northeast Region
Amesbury
Chelmsford
Hingham
Merrimac
Quincy
Wakefield
1 Winter Street
Andover
Chelsea
Holbrook
Methuen
Randolph
Walpole
Arlington
Cohasset
Hull
Middleton
Reading
Waltham
Boston, MA 02108
Ashland
Concord
Ipswich
Millis
Revere
Watertown
Phone: 617-654-6500
Bedford
Danvers
Lawrence
Milton
Rockport
Wayland
Fax: 617-5561049
Belmont
Dedham
Lexington
Nahant
Rowley
Wellesley
Beverly
Dover
Lincoln
Natick
Salem
Wenham
TDD: 617-574-6868
Billerica
Dracut
Lowell
Needham
Salisbury
West Newbury
Boston
Essex
Lynn
Newbury
Saugus
Weston
Boxford
Everett
Lynnfield
Newburyport
Sherborn
Westwood
Braintree
Framingham
Malden
Newton
Somerville
Weymouth
Brookline
Georgetown
Manchester -By -The -Sea
Norfolk
Stoneham
Wilmington
Burlington
Gloucester
Marblehead
North Andover
Sudbury
Winchester
Cambridge
Groveland
Medfield
North Reading
Swampscott
Winthrop
Canton
Hamilton
Medford
Norwood
Tewksbury
Woburn
Carlisle
Haverhill
Melrose
Peabody
Topsfield
Wpaform2.doc • DEP Addresses • rev. 10/6/04 Page 1 of 1
Important:
When filling out
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only the tab
key to move
your cursor -
do not use the
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,arum
Massachusetts Department of Environmental protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
City/Town
Phone Number
Project Location
Mailing Address
State
Fax Number (if applicable)
Zip Code
City/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town
Phone Number
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
State
Fax Number (if applicable)
uN uvuc
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 1016104 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Attachment A).
4. 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.
wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2
Massachusetts Department of Environmental Protection
LF of Resource Protection - Wetlands
113ureau
WPA Form 5 - Order of Conditions
*Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
A. General Information
From:
North Andover
Conservation Commission
This issuance if for (check one):
® Order of Conditions
❑ Amended Order of Conditions
DEP File Number:
242-1231
Provided by DEP
To: Applicant:
Property Owner (if different from applicant):
Massachusetts Electric Co. c/o Melissa Hall
See NOI Attachment G
Name
Name
1101 Turnpike Street
Date of Iss ance
Mailing Address
Mailing Address
North Andover MA. 01845
Title
Citylrown State Zip Code
City/Town State Zip Code
1. Project Location:
Title
North Andover Commons
North Andover
Street Address
Cityrrown
Maps 58, 5813, 59, 96 and 97
See Abutters List
Assessors Map/Plat Number
Parcel/Lot Number
2. Property recorded at the Registry of Deeds for
County Book Page
Certificate (if registered land)
3. Dates:
/
11/20/03 I /1 L'ti al
1 I15 jo y
Date Notice of Intent Filed Date Public Haring Closed
Date of Iss ance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
NOI
November 2003
Title
Date
Key Plan Sheets 1 of 13
10/14/03
Title
Date
Part Plan -Transformer Pad w/ Oil containment
1/7/04
Title
Date
5. Final Plans and Documents Signed and Stamped by:
Richard E. Costa, P. E.
Name
6. Total Fee:
$305
(from Appendix B: Wetland Fee Transmittal Form)
Wpaform5.doc - rev. 12/15/00 Page 1 of 7
L71Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1231
Provided by DEP
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:
® Public Water Supply
® Private Water Supply
® Groundwater Supply
❑ Land Containing Shellfish
❑ Fisheries
® Storm Damage Prevention
® Prevention of Pollution
® Protection of Wildlife Habitat
® Flood Control
Furthermore, 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, to protect those interests checked above. 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 to protect those interests checked above. 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.
❑ 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).
General Conditions (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.
Wpaform5.doc • rev. 12/15/00 Page 2 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L11 WPA Form 5 - Order of Conditions 242-1231
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
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 maybe 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, "MA DEP"]
"File Number 242-1231
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.
Wpaform5.doc • rev. 12/15/00 Page 3 of 7
Massachusetts Department of Environmental Protection
Bureau of.Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
DEP File Number:
242-1231
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
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.
Findings as to municipal bylaw or ordinance
Furthermore_, the North Andover hereby finds (check one that applies):.
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw 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.
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
North Andover Wetland Protection Bylaw Chapter 178
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
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.
Wpaform5.doc • rev. 12/15/00 Page 4 of 7
DEP FILE # 242 -1231
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 of the
North Andover Wetland Regulations).
CAWinword\00CV42-1231_doc 1 NACC 1/15/04
DEP FILE # 242 -1231
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. 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.
26. 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.
27. The proposed work includes: Conversion of overhead utilities to
underground utilities including electric, telephone, cable and gas within
Osgood Street, Massachusetts Avenue, Johnson Street, Milk Street,
Academy Road, Old Village Lane, Cranberry Lane, Phillips Brook Road,
Bay State Road, Chestnut Street, Oak Avenue, Andover Street associated
with the Town Common Project. Work in several locations will be located
within the buffer zone to bordering vegetated wetland
28. 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:
Site Plans prepared by:
Massachusetts Electric Company
1101 Turnpike Street
North Andover, MA 01845
Dated November 21,2003;
National Grid USA Service Company,
Inc., Westboro, MA
CAWinword\00CV42-1231.doc 2 NACC 1/15/04
DEP FILE # 242 -1231
Entitled: *Key Plan, Sheet 1 of 13, dated 10/14/03, stamped 12/3/03;
*Plan - Andover St/Chestnut Street, Sheet 2 of 13, dated
10/14/03, stamped 12/3/03;
*Plan - Andover St/Chestnut Street, Sheet 3 of 13, dated
10/14/03, stamped 12/3/03;
*Plan - Osgood Street, Sheet 4 of 13, dated 10/14/03,
stamped 12/3/03;
*Plan - Osgood Street/Mass. Ave., Sheet 5 of 13, dated
10/14/03, stamped 12/3/03;
*Plan Osgood Street/Academy Road, Sheet b of 13, dated
10/14/03, stamped 12/3/03;
*Plan - Osgood Street, Sheet 7 of 13, dated 10/ 14/ 03,
stamped 12/3/03;
*Plan - Milk Street/ Johnson Street, Sheet 8 of 13, dated
10/14%03, stamped 12/3/03;
*Plan - Johnson Street, Sheet 9 of 13, dated 10/14/03,
stamped 12/3/03;
*Plan - Massachusetts Ave., Sheet 10 of 13, dated 10/ 14/ 03,
stamped 12/3/03;
*Plan - Andover St/Massachusetts Ave., Sheet 11 of 13,
dated 10/14/03, stamped 12/3/03;
*Construction Details (1 of 2)., Sheet 12 of 13, dated
10/14/03, stamped 12/3/03;
*Construction Details (2 of 2)., Sheet 13 of 13, dated
10/14/03, stamped 12/3/03;
*Part Plan, Transformer Pad w/ Oil Containment
Great Pond Road, dated 1/7/04;
Letters: December 17, 2003 prepared by Massachusetts Electric;
November 20, 2003 prepared by Mark Rees, North Andover
Town Manager;
December 29, 2003 letter prepared by Massachusetts Electric
on behalf of Comcast;
December 29, 2003 letter prepared by Massachusetts Electric
on behalf of Verizon;
December 29, 2003 letter prepared by Massachusetts Electric
on behalf of BayState Gas Co.;
CAWinword\00C\242-1231.doc 3 NACC 1/15/04
DEP FILE # 242 -1231
29. The following wetland resource areas are affected by the proposed work:
Buffer Zone to Bordering Vegetated Wetland. 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.
30. The NACC agrees with the applicant's delineation of the wetland. resource
areas on the site as shown on the plans dated referenced herein.
31. 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 (251 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 previously disturbed as shown on the approved 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. No disturbance of existing grade, soils or vegetation is permitted in
the No -Disturbance zone except for the utility installation within roadways
and disturbed shoulders. (See Section 3.4 & Appendix F of the local
Regulations).
32. 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.
33. 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. Issuance of these Conditions does not in
any way imply or certify that the site or downstream areas will not be subject
CAWinwor&0001242-123Ldoc 4 NACC 1/15/04
DEF FILE # 242 -1231
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.
34. 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
35. 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.
36. 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.
37. 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 242-1231.
38. 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
CAWinword100C1242-1231.doc 5 NACC 1/15/04
DEP FILE # 242 -1231
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.
39. All recorded easements associated with accessing over private properties
must be submitted to the Conservation Commission prior to construction.
40. 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.
41. 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.
42. 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.
43. 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
CAWinword10001242-123Ldoc 6 NACC 1/15/04
DEP FILE # 242 -1231
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.
44. 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.
45. A check payable to the Town of North Andover shall be provided in the
amount of $5000 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 NACCs review and approval. This condition
is issued under the authority of the local ByLaw.
46. 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 the event that this person has to be contacted, due to an emergency at the
site, during any 24-hour period, including weekends. Proof of the retained
monitor must be submitted to the Conservation Department on letterhead
by the retained consulting firm. 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
CAWinword\00C\242-1231.doc 7 NACC 1/15/04
DEP MILE # 242 -1231
functioning as intended. In addition, all wetland resource areas must be
visually inspected for siltation, turbidity, and/or other water quality impacts..
47. The erosion controls must be installed at the toe of the slope associated
with the fill used for grading of the containment spill pad off Great Pond
Road.
48. 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
49. 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 permits 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
50. Upon beginning work, the applicant shall submit written progress reports
every week 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.
CAW1nword\00C\242-1231.doc 8 NACC 1/15/04
DEP FILE # 242 -1231
51. Any de -watering activities anticipated shall be supervised and witnessed
by the designated erosion control monitor. This designee must be on-site
while work specific to dewatering is complete. De -watering activities 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 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.
52. A containment pad must be installed around the transfer pad located off
Great Pond Road.
53. 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.
54. No exposed area shall remain unfinished for more than thirty (30) days,
unless approved by the NACC.
55. 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.
56. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
57. Washings from concrete trucks, or surplus concrete, shall not be directed to,
any drainage system, or wetland resource area.
58. 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.
59. Accepted engineering and construction standards and procedures shall be
followed in the completion of the project.
CAWinword1000t242-1231.doc 9 NACC 1/15/04
DEP FILE # 242 -1231
60. 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
61. 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.
62. 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.
63. 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.
64. Upon complete stabilization of the site, erosion controls shall be removed and
disposed off properly. All unstabilized areas under the erosion controls shall
be seeded immediately.
65. 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
CAWinword\00C\242-1231.doc 10 NACC 1/15/04
DEP FILE # 242 -1231
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
(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.
➢ "As -Built' locations of all restored areas within the 25' buffer
zone.
➢ Distances from structures to wetland resource areas. Structures
include (but are. not limited to) septic systems, additions, fences,
sheds, stone walls, pools, retaining walls, subsurface utilities
and decks.
➢ A line showing the limit of work and the extent of existing
erosion control devices. "Work" includes AU disturbance of
soils or vegetation.
➢ Location of all subsurface utilities entering the property.
66. The following special conditions shall survive the issuance of a Certificate
of Compliance (COC) for this project:
CAWinword\00C\242-1231.doc 11 NACC 1/15/04
DEP FILE # 242 - 1231.
➢ 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;
➢ Discharge or spillage of pollutants (Condition #60);
➢ Prohibition of underground fuels (Condition #61);
➢ Limitations on the use of fertilizers, herbicides and pesticides
(Conditions #62).
CAWinword\OOC\242-1231.doc 1 12 NACC 1/15/04
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
L7,
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
See attached
DEP File Number:
242-1231
Provided by DEP
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions #4..from the date of issuance.
Date
This Order must be signed by a majority, of, the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) r hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to th appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the prop rty owner (if different from applica94-----
res:
On
Day
before me personally appeared
Of
Mohth and Year
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed
the same as his/her free act and deed.
2WI
No ary Public i My Cofnmi4sion Expires
This Order is issued to the applicant as follows:
by hand delivery on
Date
[ by certified mail, return receipt requested, on
Date
Wpaform5.doc • rev. 12/15/00 Page 5 of 7
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Form 5 - order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
DEP File Number:
242-1231
Provided by DEP
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.
D. 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 Form 5 shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Wpaform5.doc • rev. 12/15/00 Page 6 of 7
r f
Massachusetts Department of Environmental Protection
DEP .File Number:
Bureau of Resource Protection - Wetlands
L11 WPA Form 5 - Order of Conditions 242-1231
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
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:
242-1231
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
for:
County Book Page
J
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. 12/15/00 Page 7 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix E - Request for Departmental Action Fee Transmittal Form
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
A. Request Information
1. Person or party making request (if appropriate, name the citizen group's representative):
Name
Mailing Address
CityrFown
State
Zip Code
Phone Number Fax Number (if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number (if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for $50.00, payable to the Commonwealth of Massachusetts to.-
Department
o:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform5.doc • Appendix E • rev. 12/22/03 Page 1 of 2
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
1 WPA Appendix E — Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
Appendix A).
4. 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.
wpaform5.doc • Appendix E • rev. 12/22/03 Page 2 of 2