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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1533
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms the
computer,use Eric B. Loth, Jr. Manager, North Andover Holdings LLC
only the tab key Name
to move your 231 Sutton Street, Suite 1 B
cursor-do not Mailing Address
use the return MA 01845
key. North Andover state zip code
City/Town
t� 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Margaret Fiore
Name 242-1533
December 22, 2011
DEP File Number
Dated
3. The project site is located at.-
16
t:16 Berry Street North Andover
Street Address Cityrrown
Map 106D Parcel 33
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
i
i
Property Owner(if different)
239
Essex Northern _ Book Page
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
7/21/15
Date
WPA Form 88,Certificate of Compliance-Page 1 of 3
wpafrm8b.doc•rev.5129114
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1533
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Conditions has lapsed and is therefore no longer valid.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:
C. Authorization
Issued by:
North Andover J i
Conservation Commission Dae of Issuance
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
hftp:llwww.mass.gov/eea/agencieslmassdep/abouttcont is/find-the- sde -
regional-office-for-your-city-or-town.html).
Signatures:
4
ILI 7
�Z/21
f
wpafrm8b.doc•rev.5/29/14 WPA Form 88,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1533
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:
16 Berry Street 242-1533
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
for:
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.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3
r� c
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1593
1 WPA Form 5-Order of Conditions eDEP Transaction#:626359
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cny/Ibwn.NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F 00C b.f Amended OOC
3.Applicant Details
a.First Name ERIC b.Last Name LOTH JR.
c.Organization NORTH ANDOVER HOLDINGS,LLC
d.Mailing Address 231 SUTTON STREET,SUITE 1B
e.City/Town NORTH ANDOVER f State MA g.Zip Code 01845
4.Property Owner
a.First Name MARGARET J. b.Last Name FIORE,TRUSTEE
c.Organization BERRY STREET TRUST&NORTH ANDOVER HOLDINGS,LLC(SEE APPLICANT ADDRESS
DETAILS)
d.Mailing Address 3 ENGLISH COMMONS
e.City/Town TOPSFIELD f.State MA g.Zip Code 01983
5.Project Location
a.Street Address 16 BERRY STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 106D e.Parcel/Lot# 33&92
f Latitude 42.63657N g.Longitude 71.07433W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12923 103
NORTHERN ESSEX 12923 102
7.Dates
a.Date NOI Filed:4/16/2013 b.Date Public Hearing Closed:3/12/2014 c.Date Of Issuance: 3/17/2014
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
COMPREHENSIVE
PERMIT PLANS GOLDSMITH,PREST DOUGLAS E.MILLER,P.E. 1/14/14 1"=30'
RIDING ACADEMY &RINGWALL,INC.
DEVELOPMENT
Page 1 of 10*ELECTRONIC COPY
C •�
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1593
WPA Form 5-Order of Conditions eDEP Transaction#:626359
Ll Massachusetts
Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
RIDING ACADEMY HUNTRESS
DEVELOPMENT ASSOCIATES,INC. CHRIS HUNTRESS,RLA 1/13/14&1/17/14 VARIES
(Ll-L8)
CONSERVATION GOLDSMITH,PREST
ACCESS& January 16,2014 1"=100'
SIGNAGE SKETCH &RINGWALL,INC.
CONSERVATION GOLDSMITH,PREST
RESTRICTION &RINGWALL,INC. November 2013 1"=60'
PLAN OF LAND
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the 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. rr Public Water Supply b. F Land Containing Shellfish c.F Prevention of Pollution
d. r Private Water Supply e. r Fisheries f. F Protection of Wildlife Habitat
g. ry-i Ground Water Supply h. F Storm Damage Prevention _ i. r Flood Control -
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.rFi 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:
b.C 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 interests of the Act,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.
c.r 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 interests of the
Act,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 CDIR 10.05(6)(c).
3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(ForApprovals Only):
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1593
I WPA Form 5-Order of Conditions eDEP Transaction#:626359
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityaown:NORTHANDOVER
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a,square feet b.square feet c.square feet d.square feet
6. Fi.Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
e.c/y dredged f c/y dredged
7.r Bordering Land Subject to Flooding 395 395 810 810
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage 39.5 39.5 81.0 81.0
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 It
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.F"Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r,Coastal Dunes
a square feet b.square feet c.c/y nourishment d.c/y nourishment
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1593
` WPA Form 5-Order Of Conditions eDEP Transaction#:626359
(` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1bwn:NORTH ANDOVER
15.❑Coastal Banks
a.linear feet b.linear feet
16.C Rocky Intertidal Shores
a square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.C Land Under Salt Ponds
a.square feet b.square feet
c.e/y dredged d.c/y dredged
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a_square feet b.square feet
22.
E Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
1740
a.square feet of BV W b.square feet of Salt Marsh
23.
G Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossingstnwnber of replacement stream crossings.
a number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1593
WPA Form 5-Order of Conditions eDEP Transaction 4:626359
1� Massachusetts Wetlands Protection Act M,G.L.c. 131,§40 City/Town:NORTH ANDOVER
1
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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. 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.
8. 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.
9. 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 the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1593"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition 413 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
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Massachusetts Department of Environmental Protection Provided by MassDEP:
-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1593
WPA Form 5-Order of Conditions eDEP Transaction#:626359
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town.-NORTH ANDOVER
19. The work associated with this Order(the"Project")is(1) r is not(2)1- subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Storrnwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
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f
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1593
WPA Form 5-Order of Conditions eDEP Transaction#:626359
( Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
J) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1593
WPA Form 5-Order of Conditions eDEP Transaction 4:626359
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
D. S Findings Under Municipal Wetlands law or Ordinance
P Y
1- Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Commission hereby(check one that applies):
a. F DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.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 or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. F- APPROVES the proposed work,subject to the following
additional conditions.
1.Municipal Ordinance or Bylaw 2.Citation
3. 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.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE DECISION OF NORTH ANDOVER ZONING BOARD OF APPEALS DATE:MARCH 11,2014
Page 8 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1593
WPA Form 5-Order of Conditions eDEP Transaction#:626359
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTHANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified J 7 /
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date/of Ori ' Order
Order expires on the same date as the original Order of Conditions.
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,and the property owner,if different from applicant.
Signatures:
C by hand delivery on Vby certified mail,return receipt requested,on
//)/**,�
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
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(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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II
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
1— Bureau of Resource Protection-Wetlands MassDEP File 4:242-1593
MTA Form 5-Order of Conditions eDEP Transaction#:626359
( Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/T own:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
16 BERRY STREET 242-1593
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of-
county
fCounty Book Page
for.
Property Owner MARGARET J.FIORE,TRUSTEE
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE#242- 1593
PROJECT OVERVIEW:
The applicant, North Andover Holdings, LLC, filed a Notice of Intent and supporting site
plans with the North Andover Conservation Department on April 12, 2013 for the
construction of a 240-unit residential rental community including community house, pool,
roadways, utilities, stormwater management structures and associated grading portions of
the project are within Bordering Land Subject to Flooding, Isolated Vegetated Wetland (local
jurisdiction only) and Buffer Zone to Bordering Vegetated Wetland, Isolated Vegetated
Wetland (local) and Inland Bank. Replication and Buffer Zone mitigation is also proposed.
Portions of the project lie within Priority and Estimated Habitat of the Blanding's Turtle
(Emydoidea blandingii) as designated by the Natural Heritage and Endangered Species
Program (NHESP). Approval for an eleven lot subdivision on portions of this parcel was
permitted under DEP File # 242-1533 in 2011. This Order of Conditions (OOC) remains valid
although work never commenced. As part of the review process for this previous
subdivision, NHESP issued a Conditional No-Take Determination in 2011 which included
four conditions. These included the recoding of a Declaration of Restriction (DR) and
Conservation Plan of Land over approximately 4 acres in the northern portion of the
property (Northern Essex Registry of Deeds: Bk 12807, Pg 232 02-07-2012). The NHESP
Determination has been updated in response to the current plan (see May 5, 2013 reference
herein).
The Notice of Intent for the 240-unit residential rental community was submitted as part of a
comprehensive permit application filed with the Zoning Board of Appeals (ZBA), pursuant
to G.L c. 40B, to "develop 240 units of rental housing on approximately 26.86 acres of land
This application is dated December 2, 2012. Since the applicant's original proposal to
construct 240 units in five four-story buildings, the applicant had reduced the number of
units to 196 rental units,consisting of four apartment buildings, a community house and pool
with associated infrastructure and improvements during the ZBA public meetings. The ZBA
issued a Findings and a Decision on the application of North Andover Holdings, LLC for
Comprehensive Permit at the March 11,2014 public meeting.
Findings
• The North Andover Zoning Board of Appeals (ZBA) approved the project as a
Comprehensive Permit under Chapter 40B of the Massachusetts General Laws. The
Definitive Subdivision Plan for the project was endorsed by the ZBA on March 11,2014.
The ZBA granted specific waivers of the North Andover Wetlands Protection Bylaw
(Bylaw) and the associated Regulations (see below).The remainder of the Bylaw applies
to the project as approved by the ZBA and permitted herein.
• At the November 20,2013 meeting the applicant presented a list of waivers that would be
requested from the ZBA. These included waivers from Section 3.2 Isolated Vegetated
Wetland,Section 3.4 Buffer Zone, and Section 5.3 Vegetated Wetland Alteration(IVW
Only). The NACC voted to send notification to the ZBA that it"does not object to the
requested waivers" (Approved Minutes of Public Meeting November 20, 2013).
• The NACC and ZBA engaged Lisa Eggleston to review stormwater management on the
site.
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• Public hearings were held on the following dates:4/24/13, 5/29/2013,10/23/2013,
11/20/2013,12/11/2013, 1/8/2014, 1/22/2014 and 2/12/2014. The applicant requested
various continuances throughout the process.
• The public hearing was closed on March 12,2014.
The North Andover Conservation Commission(hereafter the "NACU) hereby finds that the
following conditions are necessary,in accordance with the Performance Standards set forth
in the State 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.
Therefore,the North Andover Conservation Commission hereby finds that the following
conditions are necessary,in accordance with the Performance Standards set forth in the State
Regulations to protect those interests noted above. The NACC orders that all work shall be
performed in accordance with said conditions and with the Notice of Intent referenced
below. To the extent that the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of Intent,the conditions shall
control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a 196 unit rental community within four
(4) buildings,a community house and swimming pool, roadway,parking lots
(including underground parking), stormwater management infrastructure,
underground utilities (including sewer), and associated clearing, grading and
landscaping. Portions of the project are within Isolated Vegetated Wetland (IVW-local
jurisdiction of ZBA),Bordering Land Subject to Flooding(BLSF),and the Buffer Zones
to Isolated Vegetated Wetland (local jurisdiction of ZBA), Bordering Vegetated
Wetland(BVW) and Inland Bank. Wetland replication,buffer zone enhancement, and
a trail network are proposed. A conservation restriction will be placed on portions of
the property.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Property Owners: Berry Street Trust
Margaret J. Fiore,Trustee
3 English Commons
Topsfield, MA 01983
North Andover Holdings,LLC
231 Sutton Street,Suite 1B
AncDoWiew 2 NACC 3/17/2014
DEP FILE 9 242- 1593
North Andover, MA 01845
Applicant: Eric G. Loth,Jr.
North Andover Holdings,LLC
231 Sutton Street,Suite 1B
North Andover,MA 01845
Notice of Intent
prepared by: Ann Marton
LEC Environmental Consultants, Inc.
384 Lowell Street,Suite 206
Wakefield,MA 01880
Dated: April 12,2013
Received: April 12,2013
Site Plans prepared by: Goldsmith Prest&Ringwall, Inc. (GPR)
39 Main Street, Suite 301
Ayer,MA 01432
Title: Comprehensive Permit Plans Riding Academy
Development, North Andover, MA
North Andover,MA
Sheets: C1.1 Title Sheet
C 2.1 Overall Site Plan
C3.1-3.2 Existing Conditions &Demolition
Plan
C4.1-4.2 Site Layout&Utilities Plan
C5.1-5.2 Grading,Drainage &Paving Plan
C6.1-6.2 Erosion&Sediment Control Plan
C7.1-7.8 Construction Details
Dated: March 2013
Last Revised: 1/14/14
Stamped by: Douglas E. Miller,P.E.
Landscape Plans: Huntress Associates, Inc.
17 Tewksbury Street
Andover, Massachusetts 01810
Sheets: L-1 -L-8
L-1 Streetscape &Buffer Planting Plan
L-2
L-3 Common House Landscape Plan
L-5 Buffer Zone Restoration Plan
L-6 Recreation Pathway Plan&Detail
L-7 Berry Street Tree Plan
L-8 Lighting Layout Plan&Details
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DEP FILE#242 - 1593
Date: 7.1.13
Last Revised 1/13/14 and 1/17/14
Other Plans: Conservation Access &Signage Sketch
Prepared by GPR
Date: January 16,2014
Conservation Restriction Plan of Land (Draft)
Prepared by GPR
Date: November XX, 2013 (Plan to be finalized when
restriction approved)
Stormwater Management
Report prepared by: GPR
Revised Thru: 11/27/ 2013
Stormwater Review: Lisa Eggleston
Eggleston Environmental
32 Old Framingham Road, Unit#29
Sudbury,MA 01776
Review letters dated:June 5,2013;
Emails to GPR dated: June 20,2013, December 11, 2013, and
January 21, 2014
GPR Response Letters: July 12,2013,January 14,2014 (With
Attachments 1-3)
Operation&Maintenance
Plan prepared by: GPR
Title: Long Term Pollution Prevention&Stormwater
System Operation and Maintenance Plan
Revised Thru: 11/27/13
Other Record Documents: Letter from Thomas W. French,Ph.D.
Assistant Director Division of Fisheries &Wildlife
NHESP File No.: 06-20914
Date: May 15,2013
Letter from Doug Bellomo, P.E.,Chief
Hazard Identification Section,Mitigation Division
Case No.: 06-01-BO63A
Letters of Map Amendment Pages 1-3
Dated: February 26,2006
Letter from Matthew Bombaci,P.E.
GPR
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Re: Waiver List from North Andover Bylaws
Riding Academy Development, Berry Street,North
Andover, MA
Conservation Restriction Draft(2-12-14)
Decision Zoning Board of Appeals
Date: March 11,2014
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. 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.
25. 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 ZBA Decision, the Act(310 CMR 10.00),the applicable portions of the .
North Andover Wetlands 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.
26. 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.
27. This Order is issued in addition to DEP File #242-1533. A Certificate of Compliance
(Work Never Started) shall be obtained and recorded prior to the start of work.
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28. 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.
29. 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.
30. The following wetland resource areas are affected by the proposed work: Isolated
Vegetated Wetland (IVW), Bordering Land Subject to Flooding(BLSF), and Buffer
Zone to Isolated Vegetated Wetland (IVW), Bordering Vegetated Wetland (BVW) and
Inland Bank. A certified Vernal Pool is located on the property. The pool is not
affected by construction but a proposed trail does pass through the buffer zone. These
resource areas are significant to the interests of the Act as noted above and therein.
The applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25') No-
Disturbance Zone and a fifty foot(50') No-Build Zone is shown on the herein
referenced plans from the edge of IVW, BVW, and Inland Bank except as approved in
the waiver granted by the ZBA(referenced herein) and shown on the record plans.
The buffer zones required to protect the Vernal Pool are a fifty foot (50) No-
Disturbance Zone and seventy-five foot(75') No-Build Zone. No disturbance of
existing grade,soils or vegetation is permitted in the No-Disturbance zone except as
permitted herein.
33. The applicant proposes to fill 843 s.f of IVW for roadway construction. The NACC
finds the applicant's proposal for wetland replication of 1,740 s.f. of BVW to be
adequate. The proposed replication will be conducted in accordance with the
methodology outlined in section 5.3.1 of the Notice of Intent and as shown on sheet 5.2
of the GPR plan and sheet L-5 of the Huntress Associates plan(both referenced
herein). In addition,the restoration area will be conducted and monitored in
accordance with the requirements of section 4.0 of the Massachusetts DEP Replication
Guidance (2002).
34. Buffer Zone Restoration is proposed as mitigation for impacts to the 25-foot No-
Disturbance Zone and 50-foot No-Build Zone. Buffer Zone Restoration will be
conducted and monitored as described in section 5.2 of the Notice of Intent and as
detailed on sheet L-5 of the Huntress Associates plan referenced herein. Monitoring
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will be in accordance with section 4.0 of the Massachusetts DEP Replication Guidance
(2002). In addition,trash and debris will be removed from the certified Vernal Pool.
35. A Conservation Restriction on the Open Space,in substantial compliance with that
outlined in the draft Conservation Restriction and Conservation Restriction Plan of
Land referenced herein, must be approved by the NACC and other entities as required
and recorded at the Registry of Deeds. A copy of the recorded restriction must be
provided to the Conservation Department prior to occupancy of the first unit.
36. This document shall be included in all construction contracts,subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title 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.
PRIOR TO CONSTRUCTION
38. 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.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
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40. 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 242-1593."
41. 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. No work shall begin on a project until
written approval has been granted by the NACC.
42. 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.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed and dated sequence of construction,including the installation of
all sedimentation/erosion control measures,clearing, grading,foundation installation,
construction,paving,restoration/replication planting and all other site work through
final stabilization.
44. 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 clearly
marked with erosion controls or temporary fencing and shall be confirmed by the
NACC. Such barriers 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.
45. Straw wattles (backed by trenched siltation fence in sloped areas) or other erosion
control measures as detailed in the Erosion and Sediment Control Plan(Sheets C6.1-
C6.2) shall be placed between all construction areas and wetlands. The straw wattles
and other erosion control measures will be properly installed and placed as shown on
the plans approved and referenced herein and shall be inspected and approved by the
NACC or its agent 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 or its agent. The
NACC reserves the right to impose additional conditions on portions of this project to
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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.
46. Erosion controls shall serve as the limit of disturbance on the site. The Conservation
Department shall approve the erosion control location at the pre-construction meeting.
47. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 35 hay bales and sufficient stakes for staking these bales or
equivalent length of straw wattle. Said bales/wattles shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
48. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) 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 Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. 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.
49. 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(with photos)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. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
50. Prior to construction or when suitable locations to mount signage are installed,the
applicant shall permanently mark the edge of the"25' No-Disturbance Zone" on all
delineated wetlands with signs or markers as shown on the herein referenced
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"Conservation Access and Signage Sketch" or as directed by the Conservation
Department. Signage will incorporate the following text: "Protected Wetland
Resource Area" and the associated rules (1 square for every 3 round markers). These
markers will designate the sensitivity of the resource area and assure no further
inadvertent encroachment into the wetland. These permanent markers are subject to
review and approval by the NACC. The applicant will instruct all agents to explain
these markers to buyers/lessees/landscapers and all persons taking over the property
from the applicant. These markers will remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2 round and
$3 square).
51. In addition to Condition#53 above, concrete or granite bounds will be installed at
each turning point marking the Conservation Restrictions limits. Restriction limits are
shown on the"Conservation Restriction Plan of Land" referenced herein. Fencing and
signage directing trail users to stay on marked paths and to access the ponds at
designated locations will also be installed as shown on the"Conservation Access and
Signage Sketch" and as directed by the Conservation Department. Fencing and
signage will remain posted and be replaced as necessary in perpetuity.
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 all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
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"STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent,the
Department of Environmental Protection Stormwater Management Standards, and as
approved by the NACC in this Order of Conditions.
55. The NACC will be provided the opportunity to review the Stormwater Pollution
Prevention Plan(SWPPP) prior to filing an NOI and the start of work. A copy of the
approved SWPPP will be provided to the Conservation Department.
56. All stormwater best management practices shall be maintained as specified in the
Long Term Pollution Prevention&Stormwater System Operation and Maintenance
Plan(hereafter O&M Plan) submitted with the Notice of Intent and incorporated in the
Order of Conditions. Evidence of maintenance of the stormwater management system
shall be provided to the NACC on an annual basis by a Registered Professional Civil
Engineer. The first report shall be submitted to the NACC one year after the first
stormwater structure goes on-line and annual reports must continue to be submitted
until a COC is obtained. Maintenance bills submitted by cleaning contractors for catch
basin and proprietary device cleaning,etc. shall be submitted with annual engineering
reports. Following the issuance of a COC Inspection Logs (as provided in the O&M
Plan) and/or proof of annual maintenance activities for all stormwater structures and
activities shall be maintained on site for a prior 5 year period and shall be available
upon request for review by the NACC or its agent in perpetuity.
57. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six
(6) inches. The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater structures.
58. Construction of the stormwater wetland will be monitored by a qualified wetland
scientist and plantings will be monitored in accordance with the replication and
restoration Conditions #35 and#36 above.
59. 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.
60.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.
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61. Snow will not be stockpiled in wetland resource areas or any of the Best Management
Practice Areas as shown on the herein referenced plans. Snow will be stockpiled in
accordance with the O&M Plan and the"Snow Storage Sketch" attached therein.
62. The applicants, owners, or management company, and their successors and assignees,
shall maintain all drainage structures,including constructed stormwater wetlands,
rain gardens,infiltration basins,grassed swales, drainage channels and other elements
of the drainage system,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
63. Prior to any additional work on site,the applicant will install a construction entrance
as detailed on sheet C6.2 of the herein referenced plans. The construction entrance will
be maintained to prevent erosion and sedimentation from being carried into resource
areas or off site until paving is established.
64. Upon beginning work,the applicant shall submit written weekly progress reports
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. Reports shall be submitted in as part of the weekly environmental
monitoring report(see Condition#49).
65. IMPORTANT: Immediately upon completion of building foundations within the
buffer zone,and retaining walls#10 on Sheet C5.1 and #8 on Sheet 5.2,and prior to
further construction activities associated with the site,the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.)which accurately depicts the foundation/wall locations and their proximity
to wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site
66. De-watering activities are not proposed. No discharge of water is allowed into the
100-foot buffer zone of an area subject to jurisdiction of the Wetlands Protection Act or
the IVW adjacent to the cemetery unless approved by the Commission. 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 the buffer zone or a
resource area.
67. 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,
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lath,paper,cardboard, pipe, tires,ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
68. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed,seeded and matted. All disturbed areas must be graded,loamed and
seeded prior to November 1St of each year. Outside of the growing season,exposed
soil finish grade surfaces shall be stabilized with jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty (30) days,unless approved by the NACC.
69. 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.
70. Material stockpiles will be located in areas designated on the "Erosion&Sediment
Control Plan" sheet C6.1 of the herein referenced plan set. Stockpiles will be protected
with erosion controls as detailed on sheet C6.2. Changes in stockpile location will be
approved by the Conservation Department.
71. Truck washing shall not occur within jurisdictional areas (including the 100' Buffer
Zone)unless the designated area and a plan for containment of sediment are approved
by the Conservation Department in advance. Washings from concrete trucks, or
surplus concrete, shall not be directed to, any drainage system, or wetland resource
area.
72. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or the IVW adjacent to the cemetery.
73. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
74. 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
242-1593, 16 Berry Street-Riding Academy 40B 13 NACC 3/17/2014
DEP FILE#242 - 1593
75. 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 remain in effect in
perpetuity and shall not expire with issuance of a Certificate of Compliance.
76. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen,
low phosphorous 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 shall remain in effect in perpetuity and shall not expire with
issuance of a Certificate of Compliance.
77. There shall be no dumping of leaves, grass clippings,brush, or other landscaping
debris into wetland resource areas or beyond the limits of the Conservation
Restriction/No-Disturbance Zone. This Condition shall remain in effect in perpetuity
and shall not expire with issuance of a Certificate of Compliance.
78. The NACC requires a copy of the contract (and any changes in contract)with any sub-
contractor performing landscape work on the site stating their knowledge and
acceptance of the ongoing conditions associated with the Conservation Restriction and
No-Disturbance Zones and Conditions #76&77 above.
79. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
80. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed un-vegetated areas shall be
seeded.
81. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance;
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
242-1593, 16 Berry Street-Riding Academy 40B 14 NACC 3/17/2014
DEP FILE#242 - 1593
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. A signed certification from a Registered Professional Civil Engineer of the
Commonwealth that the drainage system is functioning as designed and that there
are no illicit connections to the system.
j. 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 and a report of any deviations from design elevations. NOTE: If
portions of the stormwater systems exist partially within the Buffer Zone
then 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.
➢ 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 qLiy disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
82. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ 25' No-Disturbance Zone and a 50' No-Build Zone shall be established from
the edge of adjacent wetland resource areas (50' NDZ and 75' NBZ to Vernal
Pool) except in those locations approved under DEP #242-1593 and allowed
under the waivers granted by the North Andover ZBA. 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;
➢ Resource Area Markers &Conservation Restriction Markers and Signage
(Condition#50 & #51);
➢ Stormwater Management System Maintenance (Condition#56);
➢ Discharge or spillage of pollutants (Condition#74);
242-1593, 16 Berry Street-Riding Academy 40B 15 NACC 3/17/2014
i
DEP FILE #242 - 1593
➢ Prohibition of underground fuels (Condition#75);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#76);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#77);
➢ Landscaping contract(Condition#78);
➢ "Stormwater System Operations and Management Plan",including Best
Management Practices,is attached. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
242-1593, 16 Berry Street-Riding Academy 40B 16 NACC 3/17/2014
• r
DEP FILE#242- 1593
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT 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. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
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. 1 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-authorized agent of applicant or owner)
242-1593, 16 Berry Street-Riding Academy 40B 17 NACC 3/17/2014
Kt Y:
t Long Term Pollution Prevention &
Stormwater System Operation and
y p
F Ilpyr Maintenance Plan
` xIv 0 2 2013
` Y '` NORTH ANDOVER Riding Academy Development
..
CONSERVATION COMMISSION Berry Street
North Andover, MA
March 2013
Revised Thru 11127113
�i
�. Submitted to:
North Andover Conservation Commission
$' 1600 Osgood Street, Suite 2035
North Andover, MA 01845
Submitted by:
North Andover Holdings LLC
231 Sutton Street, Suite 18
North Andover, MA 01845
y
Prepared by:
Goldsmith, Prest & Ringwall, Inc.
39 Main Street, Suite 301
Ayer, MA 01432
Project No:
121036
GP Engineering Solutions
for Land &Structures
LONG TERM POLLUTION PREVENTION AND
STORMWATER SYSTEM OPERATION AND MAINTENANCE PLAN
Preface:
The goal of this manual is to improve water quality by initiating performance standards for the
operation and maintenance of stormwater management structures, facilities, and recognized
practices. The stormwater performance standards are set up to meet the statutory and
regulatory authorities of the Department of Environmental Protection, including the Wetland
Protection Act, surface water discharge permits under the Clean Waters Act, the 401
certification program for fill in wetlands, and the 401 certification of federal permits based on the
water quality standards.
The local Conservation Commission and the Department of Environmental Protection are
responsible for ensuring the protection of wetlands through the issuance of permits for activities
in flood plains and in or near wetlands, as per the Wetlands Protection Act, MGL c.131 s. 40.
Proposed work within a resource area or a one hundred (100') foot buffer zone requires an
order of conditions.
Resource areas include freshwater and coastal wetlands, banks, beaches, and dunes bordering
on estuaries, streams, riverfront, ponds, lakes, or the ocean; lands under any of these bodies of
water; land subject to tidal action, coastal storm flowage, or flooding.
The discharge of pollutants to water of the Commonwealth without a permit is prohibited under
the state Clean Waters Act, MGL c. 21, ss 26-53. Stormwater discharges are subject to
regulations when two criteria are met under 314 CMR 3.04(2). First, there must be "conveyance
or system of conveyances (including pipes, ditches, and channels) primarily used for collecting
and conveying stormwater runoff." 314 CMR 3.04(2)(a). Second, the stormwater runoff must
be "contaminated by contact with process wastes, raw materials, toxic pollutants, hazardous
substances, or oil and grease," or, be designated on a case-by-case basis. Such designations
must be made when the "stormwater discharge" is subject to effluent or toxic pollutant
limitations, is located in an industrial plant area, or may be a significant contributor of pollutants
to waters of the Commonwealth. Any activity resulting in a discharge to waters of the United
States must comply with Section 401 of the Federal Clean Water Act and comply with state
water quality standards. All stormwater discharges must be set back from the receiving waters
or wetlands and best management practices (BMP) must be implemented. A permit is required
for any stormwater discharge to an Outstanding Resource Water (ORW) which meets the
regulatory definition in 314 CMR 3.04(2). Outstanding Resource Waters are defined under
Surface Water Quality Standards 314 CMR 4.06 and include public surface water supplies,
coastal and some inland Areas of Critical Environmental Concern (ACECs), and certified vernal
pools.
This manual is set up to explain how to operate and maintain Best Management Practices that
control erosion and minimize delivery of sediment and other pollutants to surrounding water and
air.
Chapter 1 is an introduction to the site and describes the Best Management
Practices used on this site.
Chapter 2 outlines the inspection and maintenance schedules for the site.
Operations&Maintenance Manual Page 1 of 13 Riding Academy Development,N.Andover
Chapter 3 shows the location of the Best Management Practices used on-site.
Chapter 4 outlines the operation and function of the Best Management
Practices.
Chapter 5 describes how and when the Best Management Practices should be
inspected and how frequently they must be maintained and cleaned.
This chapter also describes general practices to be adhered to on
site.
1. Introduction:
The subject site is a 26.09± acre parcel on the north side of Berry Street. The site is bordered
to the south by Berry Street, to the west by Salem Turnpike (Rte 114)with a large wetland area
between the site and the roadway, to the north by a large wetland area attendant to Farnums
Mill Pond which feeds Boston Brook, and to east by and unconstructed right-of-way (Fern
Street) followed by single family residential properties which front on Windsor Lane. The
majority of the site is a cleared grass field formerly used as a horse riding academy. Several
large buildings attendant to the riding academy use are located along Berry Street, and the site
also contains three dwellings currently used as residences. The site contains two ponds, one
on the western half of the parcel (existing pond #1) and one on the eastern half(existing pond
#2). There is also a vernal pool 650± feet from Berry Street along the eastern property line.
The majority of the site is gently sloped draining to the resource areas on-site, with steeper
slopes located where the upland is adjacent to the resource areas.
The proposed development is for the construction of four multi-family residential buildings
containing in total 196 units with associated common house, parking, walkways, subsurface
parking and utilities. The project will also include the realignment of Berry Street to the project
side of the street with a modification to Berry Street's intersection with Salem Turnpike.
The proposed stormwater management system has been designed to utilize Low-Impact
Development (LID) techniques and avoid typical structural practices. The design maximizes
infiltration in areas where the soils have high permeability, concentrating on infiltrating clean
disconnected roof runoff. In areas with less permeable soils, the design goal was to site
environmentally friendly non-infiltrating BMP's which could not only treat runoff but also provide
some wildlife value, such as constructed stormwater wetlands.
Stormwater runoff from the northern portion of the parking in front of the Common House, the
driveway west of Building "B", the parking behind Building"B", the cul-de-sac at the center of the
development, and the driveway between Buildings "B" & "D" is proposed to sheet flow to a
sediment forebay attendant to Constructed Stormwater Wetland #1 north of Building "B". The
constructed stormwater wetland is to be excavated into the groundwater at varying depths. The
constructed stormwater wetland will have a "low marsh" (18" depth of water) channel that
meanders through the basin surrounded by "high marsh" (6"depth of water) area, terminating in
a deeper permanent pool of water. The constructed stormwater wetland will hold the 1-inch
water quality volume and will be equipped with an outlet control structure which discharges to
existing pond#1 to mitigate peak flows for larger rain events.
Roof runoff from the Common House, Building "A" and Building "B" is proposed to be
discharged into Infiltration Bed #1, located north of Building "A". Runoff from the southern
Operations&Maintenance Manual Page 2 of 13 Riding Academy Development,N.Andover
portion of the parking in front of the Common House is proposed to be collected in a catch basin
and also discharged into Infiltration Bed #1. Discharge into the infiltration bed will be regulated
through an inlet control structure, which will discharge the first flush of water through an oil/grit
separator and into an Isolator Row(by StormTech). The inlet control structure discharges up to
the 2-year storm event through the oil/grit separator and into the isolater row, with an overflow
weir for larger storm events. Roof runoff will be disconnected from paved surfaces and will
bypass the pretreatment process. The infiltration bed consists of StormTech SC-740 chambers
with surrounding stone, and will provide substantial infiltration in the permeable parent material
soil.
Stormwater runoff from the main entrance drive of the site is proposed to be directed into
Infiltration Bed #2, located between Buildings "A" & "C" underneath the main drive. Discharge
into the infiltration bed will be regulated through an inlet control structure, which will discharge
the first flush of water through an oil/grit separator and into an Isolator Row (by StormTech).
The inlet control structure discharges up to the 2-year storm event through the oil/grit separator
and into the isolater row, with an overflow weir for larger storm events. Infiltration Bed #2 will
also receive roof runoff from Buildings "C" & D". Roof runoff will be disconnected from paved
surfaces and will bypass the pretreatment process. The infiltration consists of StormTech SC-
740 chambers with surrounding stone, and will provide substantial infiltration in the permeable
parent material soil.
Runoff from the parking area behind Building "D" is proposed to sheet flow to a sediment
forebay attendant to Constructed Stormwater Wetland #2, located northeast of Building "D".
The constructed stormwater wetland is to be excavated into the groundwater at varying depths.
The constructed stormwater wetland will have a "low marsh" (18" depth of water) channel that
meanders through the basin surrounded by "high marsh" (6"depth of water) area, terminating in
a deeper permanent pool of water. The constructed stormwater wetland will hold the 1-inch
water quality volume and will be equipped with an outlet control structure which discharges to
existing pond#2 to mitigate peak flows for larger rain events.
Stormwater runoff from the parking area and driveway between Buildings "C" and "D" to the
terminating cul-de-sac east of Building "C" will sheet flow to a sediment forebay attendant to a
dry water quality swale and infiltration basin east of Building "C". The dry water quality swale
consists of an 18" of soil media (with underdrain), a 12" ponding depth, and is planted with a
wetland seed mix. The dry water quality swale will then discharge into an infiltration basin via
the underdrain within the soil media and a check dam separating the BMP's. The infiltration
basin is proposed to be constructed over a permeable parent material and will contain a large
volume to be infiltrated, with an outlet control structure to manage larger storm events.
To control erosion and minimize delivery of sediment and other pollutants into the atmosphere
and adjacent wetlands, Best Management Practices (BMP's) have been provided within the
site's stormwater management system. These practices include but are not limited to:
• Street Sweeping;
• Deep Sump Catch Basins & Drain Manhole;
• VortSentry HS Unit;
• Sediment Forebays;
• Biofilter Swale;
• Dry Water Quality Swale;
• Infiltration Basin;
• Constructed Stormwater Wetland;
Operations&Maintenance Manual Page 3 of 13 Riding Academy Development, N.Andover
• Oil/Grit Separators;
• Infiltration Beds.
This manual is designed to help responsible parties become aware of urban non-point pollution
problems and to provide detailed information about operating and maintaining stormwater
management practices. The success of the Best Management Practices is dependent on their
continued operations and maintenance.
2. Maintenance Requirements:
BMP's Owners:
• The OWNERS of the BMP's shall be the person, persons, trust, corporation, etc., or their
successors who have title to the land on which the BMP is located. It is anticipated that
all BMP's will be owned by North Andover Holdings LLC and maintained by The Dolben
Company, Inc., until the title of land upon which they are located is transferred. At that
time, the purchaser of the property will assume all responsibilities set forth within this
document.
Operation and Maintenance Responsibilities:
• The party or parties responsible for the funding, operation and maintenance of the
BMP's shall be the OWNER or their designees.
• BMP's each have specific maintenance requirements to ensure long-term effectiveness.
These stormwater management systems will be operated, inspected and maintained on
a regular basis by a qualified professional with expertise in inspecting drainage
system components. All of the stormwater BMP's shall be kept in good working order
at all times.
• A maintenance agreement providing for the funding, operation and maintenance of all
the stormwater management BMP's shall be provided.
Source of Funding for Operation and Maintenance:
• The party or parties responsible for the funding, operation and maintenance of the
BMP's shall be the OWNER or their designees.
• A maintenance agreement providing for the funding, operation and maintenance of all
the stormwater management BMP's shall be provided.
• Approximate estimated annual maintenance costs for the site are:
- Deep Sump Hooded Catch Basins- $300
& Drain Manholes
- Manhole & Connecting Pipes - $100/structure
- VortSentry HS Unit- $300 per unit
- Sediment Forebays- $250 per forebay
- Biofilter Swale - $250
- Dry Water Quality Swale - $300
- Infiltration Basin - $300
- Constructed Stormwater Wetlands- $500
- Oil/Grit Separators - $300
- Infiltration Beds- $300 per area
- Street Sweeping - $1,000 to $10,000
(depending on frequency &
type of sweeping)
Operations&Maintenance Manual Page 4 of 13 Riding Academy Development, N.Andover
Schedule for Inspection and Maintenance:
• BMP's each have specific maintenance requirements to ensure long-term effectiveness.
These stormwater management systems will be operated, inspected and maintained on
a regular basis in accordance with this manual. All of the stormwater BMP's shall be
kept in good working order at all times.
• As a minimum, the OWNER shall follow the general guidelines outlined herein for the
BMP's provided on this site.
• An Operation and Maintenance log must be maintained for the last three years, outlining
inspections, repairs, replacement and disposal for each Best Management Practice
(BMP). In the case of disposal, the log shall indicate the type and material and the
disposal location. This rolling log shall be made available to the Mass DEP and/or the
North Andover Conservation Commission upon request.
• Stormwater BMP's shall be inspected per the following table. More frequent inspections
may be required the first few months or years of operation. See Chapter 5 for more
specific detail.
STORMWATER PRACTICE MAINTENANCE ACTIVITY FREQUENCY
Parking Area Inspection for Damage Every Six Month(Spring&Fall)
Street Sweeping Four(4)Times per Year
Deep Sump Hood Catch Basins Inspection for Sediment or Damage Four(4)Times per Year
&Drain Manhole Sediment Removal At Depth Greater Than Half Sump or
Once per Year Min.
VortSentry HS Unit Inspection for Sediment or Damage Four(4)Times per Year
Sediment Removal At Depth Greater Than Half Sump or
Once per Year Min.
Sediment Forebays Inspection for Sediment or Standing Water Monthly
Sediment&Debris Removal Four(4)Times per Year
Vegetation Maintenance Two(2)Times per Year
Biofilter Swale Inspection for Sediment Two(2)Times per Year
Vegetation Maintenance As Needed to Maintain 3"to 6"Grass Height
Dry Water Quality Swale Inspection for Sediment or Standing Water Two(2)Times per Year
Sediment&Debris Removal One(1)Time per Year
Vegetation Maintenance Two(2)Times per Year
Infiltration Basin Inspection for Sediment or Standing Water Two(2)Times per Year
Sediment&Debris Removal One(1)Time per Year
Vegetation Maintenance Two(2)Times per Year
Constructed Stormwater Wetland Inspection of Basin Performance Two(2)Times per Year
Sediment&Debris Removal Two(2)Times per Year
Vegetation Maintenance Two(2)Times per Year
Oil/Grit Separators Inspection for Sediment or Damage Monthly
Sediment&Debris Removal Two(2)Times per Year
Infiltration Bed Isolator Row Inspection for Sediment One(1)Time per Year
Removal of Sediment in Isolator Row At Sediment Depth Greater Than Two(2)Inches
Inspection for Standing Water One(1)Time per Year
Inspection for Sediment in non-Isolator Rows One(1)Time Every Five(5)Years
Hydraulic Connection Between Inspection for Performance One(1)Time per Year
Existing Ponds
Operations& Maintenance Manual Page 5 of 13 Riding Academy Development, N.Andover
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4. Operation of Best Management Practices:
Parking Area / Street Sweeping — is a nonstructural source control preformed by mechanical
means to limit sediment and particulates from impervious surfaces as an effort to control or limit
the sediment migration to other stormwater BMP's during storm events. There are three typical
types of sweeping methods, including mechanical, regenerative air and vacuum filter.
Mechanical sweepers are the most common and use brooms or brushes to scour the pavement.
Regenerative air sweepers blow air onto the impervious surface causing sediment and other
fine particles to be blown from the surface so they can be vacuumed. Vacuum filter sweepers
are available in wet and dry. types. Dry types use brooms to agitate the sediment prior to
vacuuming. Wet types work in a similar fashion but use water to suppress dust during the
collection activity. The functions of street sweeping include:
• Limit sediment and other fine particulates on impervious surfaces from
entering other BMP's;
• Remove and prevent the accumulation of sediment along parking area
edges.
Deep Sump Hooded Catch Basins and Drain Manholes — are underground concrete
structures which are designed to retain trash, debris and coarse sediment from stormwater
runoff and serve as temporary spill containment devices for floatables such as oil and greases
prior to discharge into a storm sewer pipe. The functions of a deep sump hooded catch basins
and drain manholes include:
• A grate and/or vertical notch found in the curbing, that allow stormwater to
enter the structure while filtering out larger objects such as trash and leaves;
A four foot (minimum) sump below the invert of the storm sewer pipe provides an area for
detention time which allows sands and other sediments to settle out of the runoff prior to
discharge.
VortSentry Unit — is an underground concrete structure with devices within it that cause
hydrodynamic separation of collected runoff. The subsurface concrete structure has a sump
within it, designed to retain removed trash, debris and varying particle sizes of sediment
removed from collected surface runoff and to serve as a temporary containment area for
floatables such as oil and grease prior to discharging into the outlet storm sewer pipe. Runoff
enters the unit and is directed into the sump of the structure which creates a swirl of the stored
volume. The swirl within the sump area forces particles to the bottom of the sump with the
cleaner runoff being able to flow out of the structure. The unit is a proprietary device furnished
by Contech Stormwater Solutions. The functions of the VortSentry unit include:
• Provide total suspended solid removal from collected runoff;
• Grate inlet allows for surface runoff directed towards the structure to be collected into
the subsurface system;
The sump below the invert of the storm sewer pipe and the proprietary devices creating the
internal swirl action provides an area for detention time which allows sands and other sediments
to settle to the bottom of the structure prior to discharge.
Sediment Forebays — are post-construction practices consisting of an excavated pit, bermed
area or cast (in-place or pre-) structure combined with a weir, designed to slow incoming
stormwater runoff and facilitating the gravity separation of suspended solids prior to flowing to a
subsequent BMP or system discharge..The functions of the sediment forebays include:
• Filter out sediments within the stormwater runoff;
• Reduce runoff velocities;
Operations&Maintenance Manual Page 7 of 13 Riding Academy Development,N.Andover
• Reduce peak discharge flows.
Biofilter Swale — is a traditional vegetated open channel that is designed to provide for non-
erosive conveyance.of stormwater runoff. The functions of the biofilter swale include:
• Vegetated, stormwater conveyance;
• Compatible with LID design practices and accents landscaping;
• Less expensive than curb and gutter.
Dry Water Quality Swale—is a vegetated open channels with an underlying filtering soil media
designed to treat the water quality volume and convey runoff without erosion. The functions of
the dry water quality swale include:
• Vegetated, stormwater conveyance;
• Compatible with LID design practices and accents landscaping;
• Less expensive than curb and gutter;
• Treat the water quality volume;
• Provide additional filtering in underlying soil media prior to discharge to
downstream BMP's.
Infiltration Basin — is a stormwater runoff impoundment that is constructed over permeable
soils which allow for the recharge"of treated runoff into the groundwater. The functions of an
infiltration basin include:
• Provide groundwater recharge;
• Reduce local flooding;
• Preserve the natural water balance of the site.
Constructed Stormwater Wetlands — are systems that maximize the removal of pollutants
from stormwater runoff through wetland vegetation uptake, retention and settling. Constructed
stormwater wetlands provide high pollutant removal efficiencies for soluble pollutants and
particulates, as well as nitrogen, phosphorus and oil and grease at a relatively low annual
maintenance cost prior to discharging. The functions of constructed stormwater wetlands
include:
• Provide highly efficient BMP for removal of Total Suspended Solids, (TSS), total
nitrogen, total phosphorus, metals and pathogens within stormwater runoff;
• Enhance the aesthetic value and character of the site;
• Provide supplemental wildlife habitat to those of the surrounding area.
Oil/Grit Separators— are underground storage tanks with three chambers designed to remove
heavy particles, floating debris and hydrocarbons from stormwater. Stormwater enters the first
chamber where heavy sediments and solids drop out. The flow moves into the second chamber
where oils and greases are removed and further settling of suspended solids takes place. After
leaving the third chamber stormwater is discharged to another BMP. The functions of the
sediment&oil separator include:
• Remove suspended solids and floating debris;
• Trap oils and greases.
Infiltration Beds — are high-density, heavy duty, H-20 capable, polyethylene chambers
surrounded by stone used for subsurface storage and recharge of stormwater runoff. The
functions of an Infiltration Bed include:
• Allows for subsurface storage of stormwater runoff;
• Eliminate wasted space required by open ponds;
Operations&Maintenance Manual Page 8 of 13 Riding Academy Development,N.Andover
• Allow maximum infiltration capabilities;
• Reduce runoff by storing and exfiltrating stormwater runoff.
5. Inspection & Maintenace of Stormwater BMP's and Other General Practices:
Source Control Pollution Prevention / Snow Storage — all efforts shall be made to limit the
introduction of contaminants to stormwater runoff. The requirement for the use of fertilizer and
pesticides should be at a minimum and shall be limited to maintaining landscaping. The use of
road salt and other deicers shall be limited as much as possible without compromising safety.
In the event any pollutants are inadvertently introduced to the stormwater system, contain the
pollutants as quickly as possible and contact a professional.
Snow shall not be stockpiled in wetland areas or any of the Best Management Practice areas.
Snow shall be stockpiled so that the snow melt drains towards stormwater BMP's. Snow shall
not be stockpiled where snow melt would drain directly to a resource area. The attached Snow
Storage Sketch shows acceptable snow storage areas. It is anticipated that there will be
sufficient area for snow storage; however, if additional stockpile area is required use the
secondary stockpile area north of existing pond #2 which drains to the sediment forebay
attendant to Constructed Stormwater Wetland #2 as shown on the Snow Storage Sketch.
Parking Area I Street Sweeping —at a minimum, shall be inspected every spring to determine
if any damage has occurred from snow plowing operations. Additionally, asphalt and curbing
should be checked every six (6) months [Spring & Fall] in high traffic areas and truck travel
areas for damage.
Curbing and/or asphalt is to be repaired using similar materials to prevent erosion to
surrounding soils.
Parking areas shall be swept by mechanical, regenerative air, or vacuum filter sweepers a
minimum of four times per year. Regenerative air and vacuum filter sweepers are preferred.
Ideally, the sweeping shall be performed immediately following the winter snowmelt and again
prior to the first frost of the year in the fall, with the remaining sweepings at regular intervals
between these times.
Deep Sump Hooded Catch Basins and Drain Manholes -at a minimum, deep sump hooded
catch basins and drain manholes shall be inspected four times per year. Ideally, inspection
should be conducted at the end of the foliage and snow removal seasons, with remaining
inspections at regular intervals between these times. Each structure should be cleaned
whenever the depth of sediment deposits is greater than or equal to one half the depth of the
sump from the bottom of the structure to the bottom of the lowest pipe invert, or at a minimum
once per year. Structures shall be inspected for a buildup of sediments, oils and debris, cracks,
breaks, or deformations. Any function of the catch basin and drain manhole that is not in
working order will be replaced with similar materials, as per the detail, to prevent the storm
sewer system from failing.
The catch basins and drain manholes shall be cleaned by means of hand held shovels, scallop
shovel and/or vactor truck. The grate opening shall be clear of any foreign or lodged object.
Sands and salts used in the winter will be removed from the catch basin sumps in the early
spring. Leaves, pine needles, and branches brought down by autumn winds, rain, and cold
weather will be removed from the catch basin and drain manhole sumps in the late fall.
Operations&Maintenance Manual Page 9 of 13 Riding Academy Development,N.Andover
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from a catch basin deemed to be
contaminated must be evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
VortSentry Unit — at a minimum, the VortSentry unit inlet shall be inspected four times per
year. Inlet inspection should be conducted at the end of the foliage and snow removal seasons.
Each structure should be cleaned whenever the depth of sediment deposits is greater than or
equal to one half the depth of the sump from the bottom of the structure to the bottom of the
lowest pipe invert, or at a minimum once per year. Structures shall be inspected for a buildup of
sediments, oils and debris, cracks, breaks, or deformations. Any function of the structure that is
not in working order will be replaced with similar materials, as per the detail, to prevent the
storm sewer system from failing.
The VortSentry unit shall be maintained per the attached manufacture's guidelines. The
VortSentry unit requires the use of a vactor truck to remove collected sediment. Sands.and
salts used in the winter will be removed from sump in the early spring. Leaves, pine needles,
and branches brought down by autumn winds, rain, and cold weather will be removed from the
sump in the late fall.
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from the VortSentry Unit deemed to be
contaminated must be evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Sediment Forebays - at a minimum, the sediment forebays shall be inspected after every
major storm event (1-inch of rain or greater)for the first six(6) months, then monthly thereafter.
Sediment and debris should be removed a minimum of four (4) times per year, starting in the
spring and spaced at even time increments until the late fall season, thereafter. If standing
water is present during inspections, the filter stone within the check dam may need to be
cleaned or replaced so that the sediment forebay drains within 72 hours after a storm.
Grass vegetation within the sediment forebay shall be mowed, at a minimum of twice a year,
keeping the height of the grass between three (3)and six(6) inches. Inspections should identify
areas of rilling and gullying or other areas which need to be reestablished. Replace any
vegetation damaged during cleaning by reseeding or resodding. When reseeding, incorporate
practices such as hydroseeding with a tackifier, blanket or similar practice to ensure that no
scour occurs in the sediment forebay, while the seeds germinate and develop roots. . Remove
any woody vegetation (trees or shrubs)from the sediment forebay immediately upon detection.
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from the sediment forebay deemed to be
contaminated must be evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Biofilter Swale - At a minimum, the biofilter swale shall be inspected after every major storm
event (1-inch of rain or greater) for the first six (6) months and twice per year thereafter.
Sediment and debris shall be removed from the biofilter swale once per year. Sediment should
be removed from the swale by hand methods in a manner to limit the disturbance of vegetation
and underlying soils. Grass within the biofilter swale shall be mowed as necessary to maintain
Operations&Maintenance Manual Page 10 of 13 Riding Academy Development, N.Andover
the grass height between three (3) and six (6) inches. Remove grass clippings and inspect for
signs of erosion and the formation of rills and/or gullies. Reseed or re-sod with an alternative
grass species if the original grass cover is not successfully established. When reseeding,
incorporate practices such as hydroseeding with a tackifier, blanket or similar practice to ensure
that no scour occurs in the biofilter swale, while the seeds germinate and develop roots.
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from the biofilter swale deemed to be
contaminated must be evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Dry Water Quality Swale - At a minimum, the dry water quality swale shall be inspected after
every major storm event(1-inch of rain or greater)for the first six (6) months and twice per year
thereafter. Inspect underdrain for potential clogs during inspections, and note whether standing
water is present within dry water quality swale more than 72 hours after a rain event. Repair
underdrain as needed to insure the dry water quality swale drains between storms. Sediment
and debris shall be removed from the dry water quality swale once per year. Sediment should
be removed from the swale by hand methods in a manner to limit the disturbance of vegetation
and underlying soils. Remove invasive species as needed to prevent these species from
spreading into dry water quality swale. Treat diseased vegetation as needed. Remove and
replace dead vegetation twice per year(spring and fall).
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from the dry water quality swale deemed to
be contaminated must be evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Infiltration Basin — At a minimum shall be inspected after every major storm event (1-inch of
rain or greater) for the first six (6) months, then in the spring and fall of every year, thereafter.
Note how long water remains standing in basin after a storm; standing water within the basin
>72 hours after storm events suggests potential clogging and should be immediately addressed.
Also, check for signs of differential settlement, cracking, erosion, leakage in embankments, tree
growth in embankments, condition of riprap, sediment accumulation and the health of the turf.
Infiltration basins shall be mowed a minimum of twice per year. Grass clippings and
accumulated organic matter should be removed to a non-sensitive area. Repairs and reseeding
should be done as required. Sediment and debris should be removed manually when infiltration
basin is thoroughly dry, a minimum of once per year or when the sediment level reaches a
depth of 3".
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from the infiltration basin deemed to be
contaminated must be evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Constructed Stormwater Wetlands— at a minimum the constructed stormwater wetlands shall
be inspected 4 times annually, twice during the typical growing season and twice during the
non-growing season, for the first three years after construction and twice per year, once during
the growing and once during the non-growing season, thereafter.
During each inspection the following must be recorded:
Operations&Maintenance Manual Page 11 of 13 Riding Academy Development, N.Andover
i
- Types and distribution of the dominant wetland plant in the marsh;
- Presence and distribution of the planted wetland species;
- Presence and distribution of invasive wetland species(must be removed);
- Indications that other species are replacing the originally planted species;
- Percentage of standing water that is unvegetated (excluding the deep water
permanent pool area);
- Maximum elevation and vegetative condition of each zone;
- Stability of the original depth zones;
- Accumulation of sediment in the forebay and micro pool and;
- Survival rate of plants.
Miscellaneous trash and litter shall be removed at the time of each inspection. Area of erosion
and dead plants shall be re-stabilized and replanted prior to the next routine inspection.
Invasive species shall be removed immediately upon their discovery. Accumulated sediment
within the forebay area once per year and within the wetland system once per 10 years, or as
needed to ensure the proper working of the wetland area. Materials should be removed with
rakes rather than heavy construction equipment to avoid compaction of the soils within the
constructed wetland area. If heavy construction equipment is used, it should operate outside
the limits of the wetland, reaching inside the wetland area from the paved access drive cul-de-
sac to remove the sediment
The outlet control structure shall be inspected during each inspection to ensure that the orifices,
overflow grate and outlet pipe are free of sediment, debris and other materials that would block
or clog them and prevent proper operation. The structure shall be inspected for any cracks,
breaks, or deformations of the structure. Any function of the structure that is not in working
order will be replaced with similar materials, as per the detail, to prevent the wetland system
from failing.
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from the constructed stormwater wetlands
deemed to be contaminated must be evaluated in accordance with the Hazardous Waste
Regulations, 310 CMR 30.000, and handled as hazardous waste.
OiliGrit Separators -at a minimum, inspect sediment&oil separators monthly, and clean out at
least twice per year by means of a clamshell bucket or a vacuum truck. Contaminated oil/grit
separator cleanings shall be evaluated in accordance with the Hazardous Waste Regulations,
310 CMR 30.000, and handled as hazardous waste. Uncontaminated sediment & oil separator
cleanings may be taken to a landfill or other facility permitted by MassDEP to accept solid
waste.
Infiltration Beds — at a minimum, the isolator row should be inspected once per year for the
accumulation of sediment and debris. Sediment should be removed when it accumulates to a
depth of 2 inches or more. Cleaning of Isolator Row is performed by vacuum/hydro-jetting
system gaining access from the upstream control structure / drain manhole. The vacuum shall
immediately remove all backwash material before overtopping diversion weir, or progressing
downstream via pipe conduit. Insert a strata rod into inspection ports a minimum of once every
five(5)years to determine depth of sediment within non-isolator row chambers.
During the first year, inspect infiltration bed after every major storm event (1-inch of rain or
greater) to insure it drains within 72 hours, and then yearly thereafter to insure the system
drains. Standing water within the infiltration bed for more than 72 hours could indicate that the
Operations&Maintenance Manual Page 12 of 13 Riding Academy Development, N.Andover
system needs to be replaced.
Inspect and maintain the inlet and outlet control structures associated with the infiltration beds
per the procedures and frequency set forth hereon for Deep Sump Hooded Catch Basins.
Collected sediment and debris will be properly disposed of per local, state and federal
requirements. Any sediment and debris removed from the infiltration beds deemed to be
contaminated must be evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Existing Ponds—at a minimum, inspect existing pond 91 and existing pond #2 yearly for signs
of flooding beyond normal water elevations. Inspect outlet pipes from the ponds for signs of
clogging and repair as necessary. Inspect and repair the hydraulic connections to and from the
ponds at any sign of abnormal water elevations.
Operations&Maintenance Manual Page 13 of 13 Riding Academy Development,N.Andover
VortSentry® HS Maintenance
The VortSentry HS system should be inspected at regular Cleaning
intervals and maintained when necessary to ensure optimum Cleaning of the VortSentry HS should be done during dry
performance.The rate at which the system collects pollutants weather conditions when no flow is entering the system.
will depend more heavily on site activities than the size of the Cleanout of the VortSentry HS with a vacuum truck is
unit, i.e., unstable soils or heavy winter sanding will cause the generally the most effective and convenient method of
treatment chamber to fill more quickly, but regular sweeping excavating pollutants from the system. Simply remove the
will slow accumulation. manhole cover and insert the vacuum hose into the sump.All
pollutants can be removed from this one access point from
Inspection the surface with no requirements for Confined Space Entry.
Inspection is the key to effective maintenance and is easily
In installations where the risk of petroleum spills is small,
performed. Pollutant deposition and transport may vary from
liquid contaminants may not accumulate as quickly as
year to year and regular inspections will help ensure that the sediment. However, an oil or gasoline spill should be cleaned
system is cleaned out at the appropriate time.At a minimum,
out immediately. Motor oil and other hydrocarbons that
inspections should be performed twice per year(i.e. spring
accumulate on a more routine basis should be removed when
and fall) however more frequent inspections may be necessary
an appreciable layer has been captured.To remove these
in equipment washdown areas and in climates where winter
pollutants, it may be preferable to use adsorbent pads, which
sanding operations may lead to rapid accumulations of a solidify the oils.These are usually much easier to remove from
large volume of sediment. It is useful and often required as the unit individually, and less expensive to dispose than the
part of a permit to keep a record of each inspection.A simple
oil/water emulsion that may be created by vacuuming the oily
inspection and maintenance log form for doing so is available layer. Floating trash can be netted out if you wish to separate
' for download at vvww.contechstormwater.com.
it from the other pollutants.
The VortSentry HS should be cleaned when the sediment Manhole covers should be securely seated following cleaning
has accumulated to a depth of two feet in the treatment
activities to prevent leakage of runoff into the system from
chamber.This determination can be made by taking two above and also to ensure proper safety precautions. If anyone
measurements with a stadia rod or similar measuring physically enters the unit,Confined Space Entry procedures
device;one measurement from the manhole opening to the need to be followed.
top of the sediment pile and the other from the manhole
opening to the water surface. If the difference between these Disposal of all material removed from the VortSentry HS
measurements is less than the distance given in Table 1, should be done is accordance with local regulations. In
the VortSentry HS should be maintained to ensure effective many locations,disposal of evacuated sediments may be
treatment. handled in the same manner as disposal of sediments
removed from catch basins or deep sump manholes.Check
your local regulations for specific
Distance requirements on disposal.
VortSentry HS Diameter Between Water Sediment Oil Spill
Model Surface and Top Storage Storage
of Storage Sump
in. m ft. m yd m3 gal. liter
HS36 36 0.9 3.6 1.1 0.5 0.4 83 314
_T- HS48 _48 1.2 4.7 1.4 0.9 0.7 158 r 598
HS60 60 1.5 6.0 1.8 1.5 1.1 258 978
HS72 --— 72_— 1.8 7.1 2.2 2.1.1.6 372 1409
HS84 84 2.1 8.4 2.6 2.9 2.2 649 2458
HS96 96 2.4 9.5 2.9 3.7 2.8 845 3199
Table 1:VortSentry HS Maintenance Indicators and Sediment Storage Capacities.
y
VortSentry HS Inspectioni Maintenance Log
VortSentry HS Model: Location:
Water Floatable Describe
Maintenance
Date depth to Layer Maintenance Comments
Personnel
shipment' Thicknessz Performed
1. The water depth to sediment is determined by taking two measurements with a stadia rod:one measurement from the manhole opening to
the top of the sediment pile and the other from the manhole opening to the water surface. If the difference between these measurements is
less than the distance given in Table 1,the system should be cleaned out.Note:To avoid underestimating the volume of sediment in the
chamber,the measuring device must be carefully lowered to the top of the sediment pile.
2. For optimum performance,the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness.In
the event of an oil spill,the system should he cleaned immediately.
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,PRESTBRINGWALL,INC. NORTH ANDOVER HOLDINGS LLC
GOLDSMITH
so o ao so 1B0 231 SUTTON STREET, SUITE 113 RIDING ACADEMY DEVELOPMENT
39MAINST.,SUIWE301,AYERMAD14M NORTH ANDOVER, MA 01845
60 clVIL&six IPA E WIMINNG .Lnw SLWEYINB a LAM PLAMN8 BERRY S TR E E T
V0ICZ;M.rrsn6ao FAX-M.772,1521 NORTH ANDOVER, MA
(IN FEET) Engineering Solutlons www.gpr-inc com ,
�r Land 8L Sf11JCh1re8 DFT'D BY: MKB CHK'D BY: DEM
1 INCH= 80 FEET
DATE: MARCH 2013; REVISED THRU 11/27/13 PROJECT: 121036 1 of 1
P.\12---\121036\DWG\PERMIT\DRAINAGE—REVI.DWG 11-26-13 5:54:51 PAA—LAYOUT SNOW
Long Term Pollution Prevention&
Stormwater System Operation&Maintenance Plan Inspection Form
Riding Academy Development,Berry Street,North Andover,MA
Best Management Practices (BMP) Inspection Log
Generalili formatiow
Project Name Riding Academy Development
Location Berry Street,North Andover,MA
Date of Inspection Start/End Time
Inspector's Name(s)
Inspector's Title(s)
Inspector's Contact Information
Inspector's Qualifications
Type of Inspection:
0 Regular ❑Emergency
Weather Information
Weather at time of this inspection?
❑Clear ❑Cloudy ❑Rain ❑Sleet ❑Fog ❑Snowing ❑High Winds
❑Other: Temperature:
Are there any discharges at the time of inspection?❑Yes ❑No
If yes,describe:
Site-specific BMPs
• The structural BMPs are identified on the BEST MANAGEMENT PRACTICESLOCUS included within the
LONG TERMPOLL UTIONPREVENTION&STORMWATER SYSTEM OPERATION&M4ZNTENANCE
PLAN. Carry a copy of the Locus map with you during your inspections. This list will ensure that you are
inspecting all required BMPs at your site.
• Describe corrective actions initiated,date completed, and note the person that completed the work in the
Corrective Action Log.
BMT, BMP BMP 'Corrective ActionNeeded,and`Notes
Installed? Maintenance
Re uired?
1 Parking Area/Street ❑Yes ❑No ❑Yes ❑No
Sweeping
2 Deep Sump Catch ❑Yes ❑No ❑Yes ❑No
Basins/Manholes/
VortSentry Unit
3 Sediment Forebays ❑Yes ❑No ❑Yes ❑No
4 Biofilter Swale ❑Yes ❑No ❑Yes ❑No
5 Dry Water Quality ❑Yes ❑No ❑Yes ❑No
Swale
6 Infiltration Basin ❑Yes ❑No ❑Yes ❑No
7 Constructed Stormwater ❑Yes ❑No ❑Yes ❑No
Wetlands
8 Oil/Grit Separators ❑Yes ❑No ❑Yes ❑No
9 Infiltration Beds/ ❑Yes ❑No ❑Yes ❑No
StormTech Isolator Row
10 Existing Ponds ❑Yes ❑No ❑Yes ❑No
Long Term Pollution Prevention&
Stormwater System Operation&Maintenance Plan Inspection Form
Riding Academy Development,Berry Street,North Andover,MA
Overall Site Issues
Below are some general site issues that should be assessed during inspections. Customize this list as needed for
conditions at your site.
BMP/activity Implemented? Maintenance Corrective Aclion Needediand°Notes
_ Re aired'! _.
1 Are discharge points and ❑Yes ❑No ❑Yes ❑No
receiving waters free of
any sediment deposits?
2 Are storm drain inlets ❑Yes ❑No ❑Yes ❑No
properly working?
3 Is trash/litter from site OYes ONo ❑Yes ❑No
areas collected and
placed in covered
dumpsters?
4 Are vehicle and ❑Yes ❑No ❑Yes ❑No
equipment fueling,
cleaning,and
maintenance areas free
of spills,leaks,or any
other deleterious
material?
5 Are materials that are ❑Yes ❑No ❑Yes ❑No
potential stormwater
contaminants stored
inside or under cover?
5 Are non-stormwater ❑Yes ❑No ❑Yes ❑No
discharges(e.g.,wash
water,dewatering)
properly controlled?
6 (Other) ❑Yes ❑No ❑Yes ❑No
Non-Com fiance
Describe any incidents of non-compliance not described above:
Long Term Pollution Prevention&
Stormwater System Operation&Maintenance Plan Inspection Form
Riding Academy Development,Berry Street,North Andover,MA
CERTIFICATION STATEMENT
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated
the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons
directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
Print name and title:
Signature: Date:
Massachusetts Department of Environmental Protection Provided by MassDEP:
L11
Bureau of Resource Protection-Wetlands MassDEPFile#:242-1533
eDEP Transaction#:438453
WPA Form 5-Order of Conditions City/To�m:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a F OOC b.f i Amended OOC
3.Applicant Details
a.First Name MARGARET b.Last Name FIORE
c.Organization
d.Mailing Address 16 BERRY STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.Fast Name MARGARET b.Last Name FIORE
c.Organization
d.Mailing Address 16 BERRY STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address MARGARET CIRCLE,OFF BERRY STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 106D e.Parcel/Lot# 33
f.Latitude 42.6361N g.Longitude 71.0725W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 01524 0103
7.Dates
a.Date NOI Filed:9/6/2011 b.Date Public Hearing Closed: 12/22/2011 c.Date Of Issuance: 12/22/2011
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
DEFINITIVE GOLDSMITH,PREST
SUBDIVISION DOUGLAS E.MILLER 12/22/2011 1"=40'&1"=50'
PLAN &RINGWALL,INC.
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 o:10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection . Provided by MassDEP:
-- Bureau of Resource Protection-Wetlands MacsDEP File#:242-1533
WPA Form 5-Order of Conditions eDEP Transaction#:438453
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
Following the review of the 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:
i a. F Public Water Supply b. 1- Land Containing Shellfish C. x! Prevention of Pollution
d. r Private Water Supply e. 1✓; Fisheries f. F Protection of Wildlife Habitat
g. r Ground Water Supply h. 17 Storm Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.r 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:
b.r 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 interests of the Act,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.
c.r 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 interests of the
Act,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).
3 r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 25
area specified in 31OCMR10.02(1)(a). a linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
e.dy dredged f.c/y dredged
7.1—Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Page 2 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
L77-
Bureau of Resource Protection-Wetlands MassDEP File#:242-1533
WPA Form 5-Order of Conditions eDEP Transaction#:438453
tMassachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.C!Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.f Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r1 Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.F"Coastal Banks
a linear feet b,linear feet
16.F Rocky Intertidal Shores
a square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a square feet b.square feet
c.c/y dredged d.c/y dredged
19.F)Land Containing Shellfish
a square feet b,square feet c.square feet d.square feet
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1533
WPA Form 5-Order of Conditions eDEP Transaction#:438453
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r,,Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21. 'Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b.square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. 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.
8. 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.
9. 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,
Page 4 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1533
WPA Form 5-Order of Conditions eDEP Transaction#:438453City/rown:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1533"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,constriction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Page 5 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1533
�o
MTA Form 5-Order of Conditions eDEP Transaction#:438453
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the 0&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stomiwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) .Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 6 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1533
WPA Form 5-Order of Conditions eDEP Transaction#:438453
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City[rown:NORT1-I ANDOVER
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
— Bureau of Resource Protection-Wetlands MassDEP File 4:242-1533
WPA Form 5-Order of Conditions eDEP Transaction 4:438453
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
L Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission hereby(check one that applies
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.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 or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
1.Municipal Ordinance or Bylaw NORTH ANDOVER WETLANDS BYLAW 2.Citation CHAPTER 178
3. 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.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10*ELECTRONIC COPY
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1533
WPA Form 5-Order of Conditions eDEP Transaction#:438453
t' Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER
E. Signatures
This
This Order is valid for three years from the date of issuance,unless otherwise specified ! ,.
pursuant to General Condition 44.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 2 Number o igners
a majority of the Conservation Commission.
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,and the property owner,if different from applicant.
Signatures:
r byTand delivery on ray certified mail,return receipt requested,on
a a,;� of
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Farm,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
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.
Page 9 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1533
WPA Form 5-Order of Conditions eDEP Transaction#:438453
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C1ty/rown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the.case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
.............................................................................................................................................................................I............................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
MARGARET CIRCLE,OFF BERRY STREET 242-1533
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner MARGARETFIORE
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 instnnnent number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Re,4/1/2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE#242 - 1533
Therefore,the North Andover Conservation Commission(hereafter the"NACC")hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of an eleven-lot subdivision,including a
roadway with a cul-de-sac,the installation of stormwater management infrastructure
(for the entire subdivision including individual house lots),underground utilities,a
sewer pump station with associated connections,and associated clearing, grading and
landscaping portions of which are within the Buffer Zones to Isolated Vegetated
Wetland (IVW) and Bordering Vegetated Wetland (BVW). Buffer Zone restoration is
also proposed. Additional construction on individual house lots within jurisdiction
will be permitted under separate filings.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant: Margaret Fiore
16 Berry Street
North Andover,MA 01845
Notice of Intent
prepared by: Goldsmith,Prest &Ringwall, Inc. (GPR)
39 Main Street,Suite 301
Ayer, MA 01432
Dated: August 2011
Site Plans prepared by: Goldsmith,Prest &Ringwall, Inc.
Title: Definitive Subdivision Plan
Framar Way
Off Berry Street
North Andover,MA
Sheets: C1.1 Title Sheet
C2.1 Lotting&Easement Plan
0.1 Existing Conditions &Demolition Plan
C3.2 Existing Conditions &Demolition Plan
C4.1 Site Layout&Utilities Plan
C4.2 Site Layout&Utilities Plan
C5.1 Grading,Drainage &Paving Plan
C5.2 Grading, Drainage&Paving Plan
242-1533, 16 Berry Street Subdivision 1 NACC 12/22/2011
DEP FILE#242-1533
C6.1 Berry Street Plan&Profile I
C6.2 Berry Street Plan&Profile II
C6.3 Framar Way Plan&Profile
C7.1 Erosion&Sediment Control Plan
C8.1-8.3 Construction Details
Last Revised: 12/22/11
Stamped by: Douglas E. Miller,P.E.
Stormwater Management
Report prepared by: Goldsmith,Prest Ringwall,Inc.
Last revised:10/27/11
Stormwater Review: Lisa Eggleston
Eggleston Environmental
32 Old Framingham Road,Unit#29
Sudbury,MA 01776
Review letters dated:October 12,and November 14,2011;
Emails dated: November 2 and December 6,2011
Response letters from GPR dated:
October 27&November 21,2011
Operation&Maintenance
Plan prepared by: Jones &Beach Engineers, Inc.
Title: Stormwater Management Operation and
Maintenance Plan
Last Revised: 12/7/2011
Other Record Documents: Letter from Division of Fisheries &Wildlife
NHESP Tracking No.: 06-20914
Plan: Conservation Restriction Exhibit Plan
Prepared by: GPR
Dated: October 2011
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
242-1533,16 Berry Street Subdivision 2 NACC 12/22/2011
i
DEP FILE#242- 1533
24. 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.
25. 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.
26. 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.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28.This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
da=ys (30) prior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the
North Andover Wetland Regulations).
29. 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.
30.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.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Isolated and Bordering Vegetated Wetland (IVW/BVW)and Inland Bank. These
resource areas are significant to the interests of the Act and Town ByLaw as noted
242-1533, 16 Berry Street Subdivision 3 NACC 12/22/2011
DEP FILE#242-1533
above and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
33. 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 confirmed delineation includes Wetland Flag Nos. Bl-B9 (including Vernal Pool
Flags VP1-VP28),C1-C13,D1-D12,and off-site BVW as approved under DEP File
#242-1407. The A-series wetland flags and wetland flags WF54-WF73 are also shown
on the herein referenced plans but are off property and were not confirmed as part of
this filing.
34. 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 fifth foot(50) No-Construction Zone shall be established from
the edge of Bordering Vegetated Wetland(BVW),Inland Bank and Isolated Vegetated
Wetland. In addition fifty foot(50') No-Disturb Zone and a seventy-five foot No-
Construction Zone shall be established from the limits of the Vernal/Ephemeral Pool.
The Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance
zone. (See Section 3.2 &Appendix F of the local Regulations).
35. 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.
36.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the 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.
37. The NACC finds the applicant's proposal for restoration of the 25-foot No-disturbance
Zone adjacent to the C and D-series resource areas to be adequate. Planting shall
consist of 34 shrubs planted 6-8' on center throughout the areas highlighted on Sheet
C7.1 Erosion&Sediment Control Plan.Shrubs shall be native and chosen from the list
242-1533,16 Berry Street Subdivision 4 NACC 12/22/2011
DEP FILE#242- 1533
provided on the herein referenced plan. (Note: New England Aster(Symphotrighum
nove) shall be plant 2-4' on center as it is an herbaceous plant and not a shrub).See
Condition#54 for permanent monumentation requirements for this area. Planting
shall be monitored for 2 growing seasons by a qualified environmental pofessional
with monitoring reports,including photographs,submitted to the NACC by June 31
and October 31 of each year.
38. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding,storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
40. This Order 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.
41. 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 242-1533."
42. 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. No work shall begin on a project until
written approval has been granted by the NACC.
43. 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
242-1533, 16 Berry Street Subdivision 5 NACC 12/22/2011
DEP FILE#242- 1533
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site the applicant shall
submit to the NACC for
approval,a detailed sequence of construction,including the installation of all
sedimentation/erosion control measures,clearing,grading,paving,restoration
planting and all other site work through final stabilization.
45.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 erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers 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.
46. Prior to the start of construction,the applicant shall provide proof of compliance with
NHESP requirements listed in the letter dated October 6,2011 and referenced herein.
47. Erosion control measures as detailed in the Soil Erosion and Sedimentation Control
Plan(Drawing No. C5 and C6) shall be placed between all construction areas and
wetlands. The erosion control barriers and erosion control measures will be properly
installed and placed as shown on the plans approved and referenced herein and shall
be inspected and approved by the NACC or its agent 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 or
its agent. 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.
48. Erosion controls shall serve as the limits of clearing on all lots on which it is located.
For all other lots,the limit of clearing shall be confined to the area necessary to
construct the roadway and associated drainage and utilities. These limits shall be
marked with orange construction fencing. The Conservation Department shall
approve the fencing location at the pre-construction meeting.
242-1533, 16 Berry Street Subdivision 6 NACC 12/22/2011
DEP FILE 4 242- 1533
49. 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.
equivalent length of straw wattle. Said bales/wattles shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
50. A check payable to the Town of North Andover shall be provided in the amount of
$40,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
51. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1)lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
52. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) 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 Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. 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.
53. 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 (with photos)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
242-1533, 16 Berry Street Subdivision 7 NACC 12/22/2011
DEP FILE#242- 1533
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater(24 hour event) to
ensure that soils remain stable,and erosion controls are adequate and secure.
54. The large brush pile shall be removed from the southwest side of the historic cemetery
and properly disposed of off-site. In addition,trash and debris shall be removed from
the Ephemeral Pool area.
55. Prior to construction of the roadway,the applicant must permanently mark the
following areas with signs or markers spaced evenly every 30 feet incorporating the
following text: "Protected Wetland Resource Area' and the associated rules (1 square
for every 3 round):
9 The edge of the"25' No-Disturbance Zone" from wetland flag D7 on the south side
of the historic cemetery to the property line on Lot 7 on the north side of the pond
with a 2-foot by 2-foot dry-laid field stone wall. Markers shall be mounted on the
wall. This area shall be planted in accordance with Condition#37.
• The remainder of the"25' No-Disturbance Zone" on the northwest side of the pond
(area labeled"Remaining Land"including wetland flags Cl-C4 and almost to flag
C5)with markers mounted on pressure treated posts or a post and rail fence. This
area shall be allowed to revert to natural vegetation or may be planted in
accordance with Condition#37.
• The"50-foot No-Disturbance Zone"to the Vernal/Ephemeral Pool. Markers shall
be mounted on permanent posts in open lawn areas. Currently mowed areas
within the No-Disturbance Zone at the Vernal/Ephemeral Pool must be allowed to
revert to natural or planted in accordance with Condition#37.
These markers will designate the resource areas' sensitivity and assure no further
inadvertent encroachment into the wetland.These permanent markers are subject to
review and approval by the NACC. The applicant shall instruct all agents to explain
these markers to buyers/lessees/landscapers and all persons taking over the property
from the applicant. These markers shall remain posted and be replaced as necessary
in perpetuity. Markers are available from the Conservation Department($2 round/$3
square).
56.The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply 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.
242-1533,16 Berry Street Subdivision 8 NACC 12/22/2011
DEP FILE#242- 1533
57. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor, the engineer,wetland scientist and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts,subcontracts,and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
58. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent,the
Department of Environmental Protection Stormwater Management Standards,and as
approved by the NACC in this Order of Conditions.
59. Individual rain gardens are proposed on Lots 1 through 5 and a wet swale on Lot 7 to
meet the 80% TSS removal requirement on those lots. Any modifications of the design
will need to meet the 80% TSS removal requirement and be subject to approval by the
NACC.
60. 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. Evidence of maintenance of the stormwater
management system shall be provided to the NACC on an annual basis by a
Registered Professional Civil Engineer. The first report shall be submitted to the
NACC one year after the first stormwater structure goes on-line and annual reports
must continue to be submitted in perpetuity. Maintenance bills submitted by cleaning
contractors (catch basins,stormcepters,etc.) shall be submitted with annual
engineering reports.
61. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six
(6) inches. The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater structures.
242-1533, 16 Berry Street Subdivision 9 NACC 12/22/2011
DEP FILE 4 242-1533
62. 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.
63.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.
64. Rain gardens,bioretention areas,and infiltration basins shall not be used for snow
stockpiling. No-snow Stockpiling Signs shall be placed at the bioretention area and
infiltration basin and shall be maintained in perpetuity.
65. The applicants,homeowners,and their successors and assignees,shall maintain all
drainage structures,including bioretention areas,rain gardens,infiltration basins,
grassed swales,drainage channels 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.
SUBDIVISION LOT DEVELOPMENT
66. Information was presented on individual lot development to address stormwater
management design and lot development feasibility. Individual lot development
within jurisdiction of the NACC must be presented as new Notices of Intent(NOI).
67. The NACC shall be notified in writing of any lot line or number changes with a copy
of a plan showing these changes prior to any work on these lots.
DURING CONSTRUCTION
68. Upon beginning work,the applicant shall submit written monthly progress reports
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.
69. De-watering activities are not proposed. 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
242-1533,16 Berry Street Subdivision 10 NACC 12/22/2011
DEP FILE#242- 1533
the pumped water to be contained in a settling basin,to reduce turbidity prior to
discharge into a resource area.
70. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,wire,
lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
71. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed,seeded and matted. All disturbed areas must be graded,loamed and
seeded prior to November 1St of each year. Outside of the growing season,exposed
soil finish grade surfaces shall be stabilized with jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty (30) days,unless approved by the NACC.
72. 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.
73. There shall be no stockpiling of soil or other materials within fifty(50)feet of any
resource area.Stockpile areas are designated on Plan Sheet C7.1.Changes in stockpile
location shall be approved by the Conservation Department.
74.Washings from concrete trucks, or surplus concrete,shall not be directed to,any
drainage system,or wetland resource area. Truck washing shall not occur within
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
75. All waste generated by,or associated with,the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
76. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
77. 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.
242-1533,16 Berry Street Subdivision 11 NACC 12/22/2011
DEP FILE#242- 1533
AFTER CONSTRUCTION
78. 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.
79. 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.
80. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
81. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed un-vegetated areas shall be
seeded.
82. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer(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:
242-1533, 16 Berry Street Subdivision 12 NACC 12/22/2011
DEP FILE#242 - 1533
A "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.
A "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 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 A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aanv disturbance of soils or vegetation.
A Location of all subsurface utilities entering the property.
83. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
A 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 DEP#242-1533. 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;
A Resource Area Markers(Condition#54);
A No-snow Stockpiling Signs (Condition#64);
A Discharge or spillage of pollutants (Condition#77);
A Prohibition of underground fuels (Condition#78);
A Limitations on the use of fertilizers,herbicides, and pesticides (Conditions
#79).
A 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.
242-1533, 16 Berry Street Subdivision 13 NACC 12/22/2011
DEP FILE#242- 1533
APPENDIX A-AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT 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. 1 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-authorized agent of applicant or owner)
242-1533, 16 Berry Street Subdivision 14 NACC 12/22/2011
i'
Operation & Maintenance Plan
Margaret Circle
Off Berry Street
r.
North Andover, MA
� August 2011
(Revised Thru 12/712011)
Submitted to:
North Andover Conservation Commission
1600 Osgood Street
North Andover, MA 01845
Submitted by:
Margaret Fiore
;.' 16 Berry Street
>> North Andover, MA 09845
�z
r` Prepared by.
Goldsmith, Prest & Ringwall, Inc.
39 Main Street, Suite 309
Ayer, MA 01432
Proiect-No:
0510598
Engineering Solutions
for Land &Structures
STORMWATER SYSTEM OPERATION
AND MAINTENANCE PLAN
Preface:
The goal of this manual is to improve water quality by initiating
performance standards for the operation and maintenance of
stormwater management structures, facilities, and recognized
practices. The stormwater performance standards are set up to meet
the statutory and regulatory authorities of the Department of
Environmental Protection, including the Wetland Protection Act,
surface water discharge permits under the Clean Waters Act, the 401
certification program for fill in wetlands, and the 401 certification of
federal permits based on the water quality standards.
The local Conservation Commission and the Department of
Environmental Protection are responsible for ensuring the protection of
wetlands through the issuance of permits for activities in flood plains
and in or near wetlands, as per the Wetlands Protection Act, MGL
c.131 s. 40. Proposed work within a resource area or a one hundred
(100') foot buffer zone requires an order of conditions.
Resource areas include freshwater and coastal wetlands, banks,
beaches, and dunes bordering on estuaries, streams, riverfront,
ponds, lakes, or the ocean; lands under any of these bodies of water;
land subject to tidal action, coastal storm flowage, or flooding.
The discharge of pollutants to water of the Commonwealth without a
permit is prohibited under the state Clean Waters Act, MGL c. 21, ss
26-53. Stormwater discharges are subject to regulations when two
criteria are met under 314 CMR 3.04(2). First, there must be
"conveyance or system of conveyances (including pipes, ditches, and
channels) primarily used for collecting and conveying stormwater
runoff." 314 CMR 3.04(2)(a). Second, the stormwater runoff must be
"contaminated by contact with process wastes, raw materials, toxic
pollutants, hazardous substances, or oil and grease," or, be
designated on a case-by-case basis. Such designations must be
made when the "stormwater discharge" is subject to effluent or toxic
pollutant limitations, is located in an industrial plant area, or may be a
significant contributor of pollutants to waters of the Commonwealth.
Any activity resulting in a discharge to waters of the United States
must comply with Section 401 of the Federal Clean Water Act and
comply with state water quality standards. All stormwater discharges
must be set back from the receiving waters or wetlands and best
management practices (BMP) must be implemented. A permit is
required for any stormwater discharge to an Outstanding Resource
Water (ORW) which meets the regulatory definition in 314 CMR
3.04(2). Outstanding Resource Waters are defined under Surface
Margaret Circle, Off Berry Street
Operations& Maintenance Manual Page 1 of 8
Water Quality Standards 314 CMR 4.06 and include public surface
water supplies, coastal and some inland Areas of Critical
Environmental Concern (ACECs), and certified vernal pools.
This manual is set up to explain how to operate and maintain Best
Management Practices that control erosion and minimize delivery of
sediment and other pollutants to surrounding water and air.
Chapter 1 is an introduction to the site and describes the Best
Management Practices used on this site.
Chapter 2 outlines the inspection and maintenance schedules for
the site.
Chapter 3 shows the location of the Best Management Practices
used on-site.
Chapter 4 outlines the operation and function of the Best
Management Practices. y
Chapter 5 describes how and when the Best Management
Practices should be inspected and how frequently they
must be maintained and cleaned.
1. Introduction:
The existing site contains several single family dwellings, barns,
greenhouses and other agricultural uses. The site is bordered to the
north and west by bordering vegetated wetland, to the south by Berry
Street, and to the east by Fern Street(an unconstructed right-of-way).
The site contains two ponds, one on the western half of the parcel
(existing pond #1) and one on the eastern half (existing pond #2).
There is also a vernal pool 850± feet from Berry Street along the
eastern property line.
The proposed development is to construct a 404± linear foot roadway
off of Berry Street ending in a cul-de-sac providing legal frontage for 3
residential lots (Lots 7-9). The project also proposes to create 8 ANR
lots along Berry Street,6 of which will contain new dwellings(Lots 1-6)
and two of which will contain existing dwellings (Lots 10 & 11). The
construction of the right-of-way attendant to the road will include a
pavement width of 22 feet, The construction of the ANR lots will also
include the removal of large barns and greenhouses which are
currently on-site.
Stormwater runoff from the development will be collected in a number
of Best Management Practices (BMP's), including a biofilter swale,
bio-retention area, and infiltration basin. Stormwater runoff for the
Margaret Circle, Off Berry Street
Operations& Maintenance Manual Page 2 of 8
length of the roadway up until the cul-de-sac will be collected in a
biofilter swale, then treated in an infiltration basin. Stormwater runoff
from the cul-de-sac is treated by a bio-retention area in the center of
the cul-de-sac.
To control erosion and minimize delivery of sediment and other
pollutants into the atmosphere and adjacent wetlands, Best
Management Practices (BMP's) have been provided within the site's
stormwater management system. These practices include but are not
limited to:
• Biofilter Swales;
• Bio-Retention Area;
• Infiltration Basin.
This manual is designed to help responsible parties become aware of
urban non-point pollution problems and to provide detailed information
about operating and maintaining stormwater management practices.
The success of the Best Management Practices is dependent on their
continued operations and maintenance.
Z. Maintenance Requirements:
BMP's Owners:
• The OWNERS of the BMP's shall be the person, persons, trust,
corporation, etc., or their successors who have title to the land on
which the BMP is located. It is anticipated that all BMP's will be
owned by a Homeowner's Association entitled "Berry Street
Association Trust", until the title of land upon which they are
located is transferred.
Operation and Maintenance Responsibilities:
• The party or parties responsible for the funding, operation and
maintenance of the BMP's shall be the OWNER or their designees.
• BMP's each have specific maintenance requirements to ensure
long-term effectiveness. These stormwater management systems
Will be operated, inspected and maintained on a regular basis by a
qualified professional with expertise in inspecting drainage
system components. All of the stormwater BMP's shall be kept in
good working order at all times.
• A maintenance agreement providing for the funding, operation and
maintenance of all the stormwater management BMP's shall be
provided.
Margaret Circle, Off Berry Street
Operations& Maintenance Manual Page 3 of 8
Source of Funding for Operation and Maintenance:
• The party or parties responsible for the funding, operation and
maintenance of the BMP's shall be the OWNER or their designees.
• A maintenance agreement providing for the funding, operation and
maintenance of all the stormwater management BMP's shall be
provided.
Schedule for Inspection and Maintenance:
• BMP's each have specific maintenance requirements to ensure
long-term effectiveness. These stormwater management systems
Will be operated, .inspected and maintained on a regular basis in
accordance with this manual. All of the stormwater BMP's shall be
kept in good working order at all times.
• As a minimum, the OWNER shall follow the general guidelines
outlined herein for the BMP's provided on this site.
• An Operation and Maintenance log must be maintained for the last
three years, outlining inspections, repairs, replacement and
disposal for each Best Management Practice (BMP). In the case
of disposal, the log shall indicate the type and material and the
disposal location. This rolling log shall be made available to the
MassDEP and/or the North Andover Conservation Commission
upon request.
Margaret Circle, Off Berry Street
Operations &Maintenance Manual Page 4 of 8
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MARGARET CIRCLE, OFF BERRY STREET ,JOB: 051059B
Engineering Solutions NORTH ANDOVER, MASSACHUSETTS BY:MKB CHK:DEM
GPKfor Land&Structures
DATE: DEC. 2011
GOLDSMITH,PRIEST&RINGWALL,INC. BMP LOCUS
39 MAIN STREET,SUITE 301,AYER,MA D1432 (7
CIVIL&STRUCTURAL ENGINEERING-LAND SURVEYING&LAND PLANNING O J`�J
VOICE:978.772.1590 FAX:978.772.1591
www.gpr4nc.com
P.\05---\0510SBB\DWG\PERMr,\DEF-.SUB.DWG 12-07-11 200:14 PM-LAYOUT BMP
4. Operation of Best Management Practices:
Biofilter Swales — are traditional vegetated open channels that are
designed to provide for non-erosive conveyance of stormwater runoff.
The functions of biofilter swales include:
• Vegetated, stormwater conveyance;
• Compatible with LID design practices and accents landscaping;
• Less expensive than curb and gutter.
Bioretention Area — bioretention is a technique that uses soil, plants,
and microbes to treat stormwater before it is infiltrated and/or
discharged. Bioretention areas are shallow depressions filled with
sandy soil topped with a thick layer of mulch and planted with dense
native vegetation that are sometimes divided into sub-areas.
Stormwater runoff is directed into the area via piped or sheet flow.
The runoff percolates through the sandy soil media that acts like a
filter. There are two types of bioretention areas; those designed to
function solely as an organic filter, called a filtering bioretention area,
and those configured to recharge groundwater in addition to acting as
a filter, called an exfiltrating bioretention area. A filtering bioretention
area includes an impermeable liner and underdrain that intercepts the
runoff before it reaches the groundwater table so that it can be
conveyed to a discharge outlet, other BMP or a municipal storm drain
system. Some exfiltrating bioretention areas also have an underdrain
system designed to enhance exfiltration of runoff into the groundwater.
The functions of a bioretention area include:
• Preserves the natural water balance of the site;
• Supply shade, absorbs noise and provides windbreaks;
• Remove other pollutants beside Total Suspended Solids (TSS)
including nitrogen, phosphorus and metals.
Infiltration Basins — are stormwater runoff impoundments that are
constructed over permeable soils which allow for the recharge of
treated runoff into the groundwater. The functions of an infiltration
basin include:
• Provide groundwater recharge;
• Reduce local flooding;
• Preserve the natural water balance of the site.
Margaret Circle, Off Berry Street
Operations &Maintenance Manual Page 6 of 8
5. Inspection and Maintenance of Best Management Practices:
Biofilter Swales:
At a minimum, the biofilter swales shall be inspected after every major
storm event (14nch of rain or greater) for the first six (6) months and
twice per year thereafter. Sediment and debris shall be removed from
the grass channel once per year. Grass within the channel shall be
mowed as necessary to maintain the grass height between three (3)
and six (6) inches. Remove grass clippings and inspect for signs of
erosion and the formation of rills and/or gullies. Reseed or re-sod with
an alternative grass species if the original grass cover is not
successfully established. When reseeding, incorporate practices such
as hydroseeding with a tackifier, blanket or similar practice to ensure
that no scour occurs in the grass channel, while the seeds germinate
and develop roots.
Collected sediment and debris will be properly disposed of per local,
state and federal requirements. Any sediment and debris removed
from the biofilter swales deemed to be contaminated must be
evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Bioretention Areas:
At a minimum, the bioretention area shall be inspected after every
major storm event(1-inch of rain or greater) for the first six (6) months
and monthly thereafter. Miscellaneous trash and liter shall be
removed at the time of each inspection. During each inspection, areas
of vegetation and soil shall be identified for repair prior to the next
inspection.
Additionally, during each inspection, inspect the top layer of stone and
filter fabric at the top of the stone diaphragm for accumulated
sediment. Remove sediment and, if it appears clogged, replace filter
fabric.
Grasses within the area will be mowed at a minimum of twice a year
during the time between the winter snow melt and first frost of the
following winter. Remove grass clippings and other organic matter
after mowing. Eroded or barren areas in the mulch layer shall be re-
mulched as needed. The entire mulch layer shall be replaced every
two years in the early spring. Removal of dead vegetation and invasive
species shall be done as needed and pruning of plants will be done
once a year.
Collected sediment and debris will be properly disposed of per local,
state and federal requirements. Any sediment and debris removed
Margaret Circle, Off Berry Street
Operations & Maintenance Manual Page 7 of 8
from the bioretention area deemed to be contaminated must be
evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Infiltration Basins:
At a minimum shall be inspected after every major storm event(1-inch
of rain or greater)for the first six (6) months, then in the spring and fall
of every year, thereafter. Note how long water remains standing in
basin after a storm; standing water within the basin >72 hours after
.storm events suggests potential clogging and should be immediately
addressed. Also, check for signs of differential settlement, cracking,
erosion, leakage in embankments, tree growth in embankments,
condition of riprap, sediment accumulation and the health of the turf.
Infiltration basins shall be mowed a minimum of twice per year. Grass
clippings and accumulated organic matter should be removed to a
non-sensitive area. Repairs and reseeding should be done as
required. Sediment and debris should be removed manually when
infiltration basin is thoroughly dry, a minimum of once per year or
when the sediment level reaches a depth of 3".
At a minimum, inspect and clean pretreatment devices associated with
the infiltration basins at least twice a year.
Collected sediment and debris will be properly disposed of per local,
state and federal requirements. Any sediment and debris removed
from the infiltration basin deemed to be contaminated must be
evaluated in accordance with the Hazardous Waste Regulations, 310
CMR 30.000, and handled as hazardous waste.
Snow Storage:
The BMP's included in this manual should not be utilized as snow
storage areas. Snow should be stored on east side of the roadway
and on the outside of the cul-de-sac. Avoid storing snow in the
Bioretention Area in the center of the cul-de-sac and in the Infiltration
Area & Biofilter Swale on the west side of the roadway. Every effort
shall be made to plow snow so when it melts, the runoff will be toward
a best management practice which provides treatment.
Margaret Circle, Off Berry Street
Operations& Maintenance Manual Page 8 of 8
Long Term Pollution Prevention&
Stormwater System Operation&Maintenance Plan Inspection Form
Margaret Circle,Off Berry Street,North Andover,MA
Best Management Practices (BMP)Inspection Log
General,informaton
Project Name Margaret Circle
Location Off Berry Street,North Andover,MA
Date of Inspection Start/End Time
Inspector's Name(s)
Inspector's Title(s)
Inspector's Contact Information
Inspector's Qualifications
Type of Inspection:
❑Regular ❑Emergency
Weather In'forination
Weather at time of this inspection?
❑ Clear ❑Cloudy ❑Rain ❑Sleet ❑Fog ❑Snowing ❑High Winds
❑ Other: Temperature:
Are there any discharges at the time of inspection? ❑Yes ❑No
If yes,describe:
Site-specific BMPs
• The structural BMPs are identified on the BEST MANAGEMENT PRACTICES LOCUS included within the
LONG TERM POLL UTION PREVENTION do STORMWA TER SYSTEM OPERATION&MAINTENANCE
PLAN. Carry a copy of the Locus map with you during your inspections. This list will ensure that you are
inspecting all required BMPs at your site.
• Describe corrective actions initiated, date completed, and note the person that completed the work in the
Corrective Action Log.
BMP BMP BMP Goffective Action Needed and Notes
Insfalted7 Maintenance
9 niied?_
1 ❑Yes ❑No ❑Yes ❑No
2 ❑Yes ❑No ❑Yes ❑No
3 ❑Yes ❑No ❑Yes ❑No
4 ❑Yes ❑No ❑Yes LINo
5 ❑Yes ❑No ❑Yes ❑No
6 ❑Yes ❑No ❑Yes ❑No
7 ❑Yes ❑No ❑Yes ONo
8 ❑Yes ❑No ❑Yes ❑No
9 ❑Yes ❑No ❑Yes ❑No
10 ❑Yes ❑No ❑Yes ❑No
Long Term Pollution Prevention&
Stormwater System Operation&Maintenance Plan Inspection Form
Margaret Circle,Off Berry Street,North Andover,MA
Overall Site Issues
Below are some general site issues that should be assessed during inspections. Customize this list as needed for
conditions at your site,
BMP/activity Implemented? Maintenance Co redive,Action Needed;and,Notes
Webi redn'
1 Are discharge points and ❑Yes ❑No ❑Yes UNo
receiving waters free of
any sediment deposits?
2 Are storm drain inlets ❑Yes ❑No ❑Yes ❑No
properly working?
3 Is trash/litter from site ❑Yes ❑No ❑Yes ❑No
areas collected and
placed in covered
dumpsters?
4 Are vehicle and ❑Yes ❑No ❑Yes ❑No
equipment fueling,
cleaning,and
maintenance areas free
of spills,Ieaks,or any
other deleterious
material?
5 Are materials that are ❑Yes ❑No ❑Yes ❑No
potential stormwater
contaminants stored
inside or under cover?
5 Are non-stormwater ❑Yes ❑No ❑Yes ❑No
discharges(e.g.,wash
water,dewatering)
properly controlled?
6 (Other) ❑Yes ❑No ❑Yes ❑No
Non-Com fiance
Describe any incidents of non-compliance not described above:
Long Term Pollution Prevention&
Stormwater System Operation&Maintenance Plan Inspection Form
Margaret Circle,Off Bevy Street,North Andover,MA
CERTIFICATION STATEMENT
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated
the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons
directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
Print name and title:
Signature: Date:
i
Page 1 of 3 Date: February 23,2006 Case No.: 06-01-6063A LOMA
o�vn�R7'
Federal Emergency Management Agenc
C- JCEIVE
Washington,D.C.20472
�qND 5V-
LETTER OF MAP AMENDMENT MA H96
DETERMINATION DOCUMENT REMOVAL NORTH ANDO ER ION
COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION
TOWN OF NORTH ANDOVER,ESSEX A portion of Parcel 33,Tax Maps 106D and 107B, as described in the
COUNTY,MASSACHUSETTS Deed recorded in Book 1524, Page 103, in the Office of the Registry
COMMUNITY
of Deeds, Essex County, Massachusetts
The portion of property to be removed from the SFHA is more
COMMUNITY NO.;250098 particularly described by the following metes and bounds:
AFFECTED NUMBER:2500980008C;2500980015C COMMENCING at a drill hole found at an intersection of stonewalls
MAP PANEL on the westerly lot line labeled"Tie point A";thence S22°02'31"E,
DATE:601993;6/2/1993 62.76 feet along a tie line to the POINT OF BEGINNING;thence
FLOODING SOURCE: BOSTON BROOK APPROXIMATE LATITUDE&LONGITUDE OF PROPERTY:42.637, -71.073
SOURCE OF LAT&LONG:PRECISION MAPPING STREETS 7.0 DATUM:NAD 83
DETERMINATION
OUTCOME 1%ANNUAL LOWEST LOWEST
BLOCK/ WHAT IS CHANCE ADJACENT LOT
LOT SUBDIVISION STREET REMOVED FLOOD FLOOD GRADE
SECTION ZONE ELEVATION
FROM THE ELEVATION ELEVATION (NGVD 29)
SFHA NGVD 29 (NGVD 29)
33 - -- P
Berry Street Portion of X(shaded) 128.8 feet — 128.8 feet
[-Property
Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being
equaled or exceeded in any qiven vear(base flood).
ADDITIONAL CONSIDERATIONS Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.)
LEGAL PROPERTY DESCRIPTION STUDY UNDERWAY
PORTIONS REMAIN IN THE SFHA
ZONE A
This document provides the Federal Emergency Management.Agency's determination regarding a request for a Letter of Map Amendment for
the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have
determined that the described portion(s) of the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent
chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject
property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply.
However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy
(PRP)is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this
determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627
(877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA
22304-6439.
Doug Bellomo,P.E.,Chief
Hazard Identification Section Miti ation Division
Page 2 of 3 Date: February 23,2006Case No.:06-01-BO63A LOMA
r V4'e i\RIT, �
Federal Emergency Management Agency
Washington,D.C.20472
�qND SQL
LETTER OF MAP AMENDMENT
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
LEGAL PROPERTY DESCRIPTION (CONTINUED)
N76027'05"E, 311.78 feet; thence S40030'23"E, 36.75 feet; thence S72037'51"E, 20.92 feet;thence
S11°02'28"W, 27,99 feet;thence S58013'45"E, 29.73 feet; thence S51021'48"W, 64.20 feet; thence
S20037'32"W, 54.89 feet; thence S05°08'12"E, 53.98 feet; thence S34001'08"E, 47.32 feet; thence
S60014'19"E, 42.57 feet; thence S85°28'51"E, 56.49 feet; thence N79003'35"E, 127.36 feet; thence
S65016'13"E, 24.99 feet; thence N83031'05"E, 37.78 feet; thence S43°06'24"E, 76.27 feet; thence
N112023'11 1"W, 82.53 feet; thence N35°13'20"E, 17.75 feet;thence N26°18'15"W, 48.18 feet;thence
N47°42'28"E, 95.53 feet; thence N07031'23"E, 60.28 feet;thence N67°55'18"W, 89.07 feet;thence
N28052'11 6"E, 19.44 feet; thence N85°53'44"E, 39.31 feet; thence S78'11 1'02"E, 70.53 feet; thence N28°28'30"E,
62.76 feet; thence N54°56'27"E, 36.90 feet; thence N29015'03"W, 39.45 feet;thence N07045'32"W, 73.72 feet;
thence N22055'04"W, 115.53 feet; thence N09°38'21"E, 32.23 feet;thence N58°03'46"E, 39.27 feet; thence
N71035'04"E, 107.03 feet; thence S06024'43"W, 133.85 feet; thence S02013'26"E, 157.10 feet; thence
S10026'14"E, 117.01 feet; thence S17003'26"E, 121.01 feet; thence S23°56'04"E, 105.73 feet; thence
S43°41'38"E, 356.18 feet;thence S26'21'1 5"E, 91.20 feet; thence S09°33'21"W, 51.51 feet; thence
S66046'32"E, 112.40 feet;thence S61045'26"W, 52.14 feet; thence S73003'37"W, 79.47 feet; thence
S84052'26"W, 40.35 feet;thence N70°20'23"W, 24.21 feet;thence N56°12'12"W, 77.34 feet; thence
N33-05'11 8"W, 37.03 feet; thence N08025'11 3"E, 28.27 feet; thence N30057'28"W, 22.14 feet;thence
N72°47'46"E, 82.25 feet;thence N63013'11 6"E, 41.46 feet; thence N52°16'54"E, 38.14 feet; thence N82034'58"E,
36.35 feet; thence S75°08'20"E, 29.68 feet; thence S54031'28"E, 55.89 feet; thence S35°14'55"E, 27.01 feet;
thence S1 2'20'53"E, 39.81 feet; thence S04005'11 8"W,47.87 feet; thence S66046'32"E, 112.40 feet; thence
S50'0 1'04"W, 61.05 feet;thence S69°06'31"W, 97.63 feet; thence S87046'38"W, 207.06 feet; thence
N54050'35"W, 243.88 feet; thence N60°58'05"W, 93.46 feet; thence N68046'21"W, 225.03 feet; thence
N79°05'14"W, 160.18 feet; thence N84°38'29"W, 81.70 feet;thence N60°23'37"E, 77.07 feet; thence
N33031'01"E, 59.33 feet; thence N14°13'23"E, 58.29 feet; thence N20°11'10"W, 163.83 feet;thence
N56°36'57"W, 40.79 feet; thence S66048'57"W, 61.55 feet;thence N72023'25"W, 25.58 feet; thence
N54048'03"W, 77.21 feet; thence N76058'28"W, 45.31 feet to the POINT OF BEGINNING
PORTIONS OF THE PROPERTY REMAIN IN THE SFHA(This Additional Consideration applies to the
preceding 1 Property.)
Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special
Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains
subject to Federal, State/Commonwealth, and local regulations for floodplain management.
This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627(877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency,3601 Eisenhower Avenue,Suite 130,Alexandria,VA 22304-6439.
Doug Bellomo,P.E.,Chief
Hazard Identification Section Mitigation Division
Page 3 of 3 Date: February 23,2006 Case No.:06-01-6063A 7, LOMA
Federal Emergency Management Agency
Washington,D.C.20472
No SES' -
ZONE A(This Additional Consideration applies to the preceding 1 Property.)
The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was
determined using the best flood hazard data available to FEMA, but without performing a detailed engineering
analysis. The flood elevation used to make this determination is based on approximate methods and has not
been formalized through the standard process for establishing base flood elevations published in the Flood
Insurance Study. This flood elevation is subject to change.
STUDY UNDERWAY(This Additional Consideration applies to all properties in the LOMA
DETERMINATION DOCUMENT(REMOVAL))
This determination is based on the flood data presently available. However, the Federal Emergency
Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community.
New flood data could be generated that may affect this property. When the new NFIP map is issued it will
supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on
the newly revised NFIP map.
This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627(877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency,3601 Eisenhower Avenue,Suite 130,Alexandria,VA 22304-6439.
Doug Bellomo,P.E.,Chief
Hazard Identification Section Mitigation Division
i O�,pA�F�
gum
° Federal Emergency Management Agency
Washington, D.C. 20472
ND S�L�
February 23,2006
MR.MARK GODFREY CASE NO.:06-01-BO63A
GOLDSMITH,PREST&RINGWALL,INC. COMMUNITY: TOWN OF NORTH ANDOVER,ESSEX
39 MAIN STREET SUITE 301 COUNTY,MASSACHUSETTS
AYER,MA 01432 COMMUNITY NO.: 250098
DEAR MR.GODFREY:
This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine
if the property described in the enclosed document is located within an identified Special Flood
Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled
or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP)
map. Using the information submitted and the effective NFIP map, our determination is shown on the
attached Letter of Map Amendment (LOMA) Determination Document. This determination document
provides additional information regarding the effective NFIP map, the legal description of the
property and our determination.
Additional documents are enclosed which provide information regarding the subject property and
LOMAs. Please see the List of Enclosures below to determine which documents are enclosed. Other
attachments specific to this request may be included as referenced in the Determination/Comment
document. If you have any questions about this letter or any of the enclosures, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed
to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA
22304-6439.
Sincerely,
Doug Bellomo,P.E.,Chief
Hazard Identification Section,Mitigation Division
LIST OF ENCLOSURES:
LOMA DETERMINATION DOCUMENT(REMOVAL)
cc: State/Commonwealth NFIP Coordinator
Community Map Repository
Region
IIS