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HomeMy WebLinkAboutMiscellaneous - 240 CHARLES STREET 4/30/2018 (2)�j . f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File 4:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction #:782249 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.NORTH ANDOVER A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. F OOC b.1— Amended OOC 3. Applicant Details a. First Name C14ERI b. Last Name COUSENS c. Organization GREATER LAWRENCE SANITARY DISTRICT d. Mailing Address 240 CHARLES STREET e. City/rown NORTH ANDOVER f. State MA g. Zip Code 01845 4. Property Owner a. First Name CHERI b. Last Name COUSENS c. Organization GREATER LAWRENCE SANITARY DISTRICT d. Mailing Address 240 CHARLES STREET e. City/Town NORTH ANDOVER f State MA g. Zip Code 01845 5. Project Location a. Street Address RIVERVIEW STREET PUMP STATION b.City/Town NORTH ANDOVER c. Zip Code 01845 d. Assessors Map/Plat# 28 e. Parcel/Lot# 3&4 f. Latitude 42.70837N g. Longitude 71.13355W 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book d. Page NORTHERN ESSEX 1157 446 7.Dates a. Date NOI Filed: 9/28/2015 b. Date Public Hearing Closed: 10/21/2015 c. Date Of Issuance: 10/28/2015 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: RIVERSIDE PUMP STATION IMPROVEMENTS CDM SMITH - J. HEIL JOHN RICCIO, PE September 2015 I"=20'& I"=10' (SHEETS C 1-3, E- 19) Page 1 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: L�' Bureau of Resource Protection - Wetlands MassDEP File #:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction #:782249 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER 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. r Public Water Supply b. r Land Containing Shellfish a r Prevention of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. F 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. 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 area specified in 310CMR10.02(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 Page 2 of 10 * ELECTRONIC COPY f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction #:782249 {� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Ibwn:NORTH ANDOVER e. c/y dredged f. c/y dredged 7. r Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. r Isolated Land subject to Flooding Cubic Feet Flood Storage 9. F Riverfront Area Sq ft within 100 ft Sq ft between 100-200 ft Coastal Resource Area Impacts: Resource Area 1 o. r Designated Port Areas 11. r Land Under the Ocean 12. r Barrier Beaches 13. r Coastal Beaches 14. r Coastal Dunes 15. r Coastal Banks 16. r Rocky Intertidal Shores 17. r Salt Marshes 18. r Land Under Salt Ponds 1500 1500 1500 1500 a. square feet b. square feet c. square feet d. square feet 0 0 e. cubic feet f. cubic feet g. cubic feet h. cubic feet a. square feet b. square feet c. cubic feet d. cubic feet e. cubic feet f. cubic feet 3350 3350 3350 3350 c. square feet d. square feet e. square feet f. square feet 15360 15360 14610 14610 g. square feet h. square feet i. square feet j. square feet Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Indicate size under Land Under the Ocean, below a square feet b. square feet c. c/y dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a square feet b. square feet a c/y nourishment d. c/y nourishment a square feet b. square feet c. c/y nourishment d. e/y nourishment a linear feet b. linear feet a square feet b. square feet a square feet b. square feet c. square feet d. square feet a square feet b. square feet c. c/y dredged d. dy dredged Page 3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction #:782249 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER 19. r Land Containing Shellfish 20. r Fish Runs 21.1- Land Subject to Coastal Storm Flowage 22. I— Restoration/Enhancement (For Approvals Only) a square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above c. c/y dredged d. c/y dredged a square feet b. square feet 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 teet of BV W 23. b. square feet of Salt Marsh F-- 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, Page 4 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: L�Bureau of Resource Protection - Wetlands MassDEP File #:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction 4:782249 vi Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Ibwn:NORTHANDOVER 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: "242-1664" 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) F 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, 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 Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: �. Bureau of Resource Protection - Wetlands MassDEP File #:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction#:782249 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER 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 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 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 Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi -Sector General Perrrrit. 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(1) 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. t) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the 0&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. ) 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. ) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: `w s Bureau of Resource Protection - Wetlands MassDEP File #:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction #:782249 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER storrawater 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 #:242-1664 MTA Form 5 - Order of Conditions eDEP Transaction #:782249 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER Ll R D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? r 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. NORTH ANDOVER 1. Municipal Ordinance or Bylaw WETLANDS PROTECTION 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 Massachusetts Department of Environmental Protection Provided by MassDEP: Ll�li�-- Bureau of Resource Protection - Wetlands MassDEP File8242-1664WPA Form 5 - Order of Couditious eDEP Transaction x082249 City(i o4vn NORT�1 ANDOVERMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Signatures 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 mast be signed by a majority of the Conservation Commission. 2- Dumber 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 Departrueut of Environmental Protection Regional Office; if not filing electronically. and the property owner, if different from applicant. Signatures: >lly hand delivery on / 0 , C2?- �5 El by certified Date Date F. Appeals � L receipt requested, on 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 rnade 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 C --MR 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 hershe 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 prodding «Bitten information to the Department prior to issuance of a Superseding Order. The request shad 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 iderrffied in the Massachusetts Wedands Protection Act (NL 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 b -dam, 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 4:242-1664 WPA Form 5 - Order of Conditions eDEP Transaction #:782249 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/fown: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. hr 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: RIVERVIEW STREET PUMP STATION 242-1664 Project Location Has been recorded at the Registry of Deeds of County Book for. Property Owner CHERI COUSENS and has been noted in the chain of title of the affected property in: Book In accordance with the Order of Conditions issued on: Date If recorded land, the instrutnent number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant MassDEP File Number Page Page Rev. 4/1/2010 Page 10 of 10 * ELECTRONIC COPY DEP FILE # 242 -1664 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 within jurisdiction includes: construction of a new exterior pad extension and underground electrical conduits. Exterior work also includes new electrical distribution equipment to support upgraded pumps and eddy -current drives (interior work). Milling and repaving of the access drive and parking lot and replacement of granite curbing are also proposed. Work is proposed within Riverfront Area (RA), Bordering Land Subject to Flooding (BLSF), and the 100 -foot Buffer Zone to Bordering Vegetated Wetland (BVW). 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/ Property Owner: Cheri Cousens Greater Lawrence Sanitary District (GLSD) 240 Charles Street North Andover, Massachusetts 01845 Notice of Intent filed by: Magdalena Lofstedt CDM Smith, Inc. 75 State Street, Suite 701 Boston, MA 02109 Date filed: September 29, 2015 Site Plans prepared by: J. Heil CDM Smith, Inc. Titled: Riverside Pump Station Improvements Sheets: Existing Conditions and Staging Area Plan - C-1 Grading and Drainage Plan - C-2 Site Details - C-3 Electrical Details 1- E-19 Date: September 2015 Stamped by: John C. Riccio, P.E. Other Record Documents: Storm Water Pollution Prevention Plan Prepared by: GLSD 242-1664, Riverview St -Riverside Pump Station Special Conditions) NACC 10/28/2015 DEP FILE # 242 -1664 Update #2, October 15, 2008 Letter from Division of Fisheries and Wildlife Date: October 27, 2015 NHESP Tracking No.: 11-293334 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 take 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 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 dais (30)12rior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 242-1664, Riverview St -Riverside Pump Station Special Conditions2 NACC 10/28/2015 DEP FILE # 242 -1664 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 area is affected by the proposed work: Riverfront Area, Bordering Land Subject to Flooding (BLSF), and Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated and referenced herein. 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 fift foot (50) No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown on the plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No - Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 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 242-1664, Riverview St -Riverside Pump Station Special Conditions3 NACC 10/28/2015 DEP FILE # 242 -1664 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 37. 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. 38. 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. 39. 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 242-1664." 40. 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. 41. 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. 42. 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 sedimentation/ erosion control devices, trenching, construction, pavement resurfacing, and all other work planned through final stabilization. 242-1664, Riverview St -Riverside Pump Station Special Conditions4 NACC 10/28/2015 DEP FILE # 242 -1664 43. 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. 44. A minimum 12 -inch straw wattle (biodegradable, no plastic netting) shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed in the location 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 Commissions request. 45. Silt sacks will be placed in catch basins within 100 -feet of the work. 46. The applicant shall have on hand at the start of any soil disturbance, removal an additional 30 feet of straw wattle or twelve (12) hay bales and sufficient stakes for staking these bales. Said bales/ wattle shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $3,500 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. 242-1664, Riverview St -Riverside Pump Station Special Conditions5 NACC 10/28/2015 DEP FILE # 242 -1664 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 occur 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, the applicant shall permanently mark the River side of the pump station fence with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. 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 may be obtained at the Conservation Department ($2 round/$3 square). 51. 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 242-1664, Riverview St -Riverside Pump Station Special Conditions6 NACC 10/28/2015 DEP FILE # 242 -1664 shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. 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 erosion control monitor 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 53. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent and as part of the public hearing process, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Erosion control measures shall be implemented and maintained in accordance with the Section 6.0 of the Notice of Intent and as required by this Order. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the existing 242-1664, Riverview St -Riverside Pump Station Special Conditions? NACC 10/28/2015 DEP FILE # 242 -1664 Storm Water Pollution Prevention Plan (SWPPP) attached and the associated stormwater management conditions mandated herein. 58. All stormwater best management practices shall be maintained as specified in the existing SWPPP submitted and referenced in the Notice of Intent. The SWPPP will be incorporated in the Order of Conditions. The approved SWPPP is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. Copies of the annual maintenance reports shall be maintained in perpetuity with a prior 5 year period available upon request for review by the NACC or its agent at any time. 59. The applicants, owners, and their successors and assignees, shall maintain, in perpetuity all swales, grassed channels, deep sump catch basins, outlet structures, stone infiltration basins, 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. "DURINGCONSTRUCTION WJ 60. 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). 61. All new and replacement catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 62. Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while dewatering is occurring. Dewatering activities shall be conducted as detailed in section 3.03 of Attachment E Environmental Specifications. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 63. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation 242-1664, Riverview St -Riverside Pump Station Special Conditions8 NACC 10/28/2015 DEP FILE # 242 -1664 staff for as long as the site remains exposed and un -stabilized. If material is tracked beyond the site onto adjacent roadways, it will be swept up daily. 64. 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. 65. All exposed soil finish grade surfaces shall be immediately landscaped (native plantings/ seed mixes) and stabilized, or loamed, seeded and mulched, with a layer of mulch hay or matting (natural fibers only). All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay or matting until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 66. 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. 67. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. Stockpiled materials shall be maintained within erosion controls. 68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. No truck washing is to be done on site. 69. 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. 70. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 71. 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. 242-1664, Riverview St -Riverside Pump Station Special Conditions9 NACC 10/28/2015 DEP FILE # 242 -1664 AFTER CONSTRUCTION 72. 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. 73. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%) and phosphorous free, 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 except as permitted for invasive species management (see Sheet C-15). 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. 74. The use of coal tar -based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 75. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the No -Disturbance Zone/edge of delineated wetland. This condition shall survive the issuance of a Certificate of Compliance. 76. 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. 77. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 78. 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. 242-1664, Riverview St -Riverside Pump Station Special Conditions 10 NACC 10/28/2015 DEP FILE # 242 -1664 h. A written statement from a Registered Professional Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor if appropriate) 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. Specifically, "As -Built" plans should include inverts of all drainage structures above and below grade, and an engineer's certification that the drainage system has been constructed and is functioning in accordance with the approved design. 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 aqU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. ➢ A snow stockpile area. 79. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except as approved under DEP # 242-1664. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) 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; ➢ Resource Area Markers (Condition #50); 242-1664, Riverview St -Riverside Pump Station Special Conditions) l NACC 10/28/2015 DEP FILE # 242 -1664 ➢ Stormwater Management System Maintenance (Condition #58 & 59) ➢ Discharge or spillage of pollutants (Condition #71); ➢ Prohibition of underground fuels (Condition #72); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #73); ➢ Prohibition on coal tar -based sealants (Condition #74); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #75); ➢ The attached "Storm Water Pollution Prevention Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report. 242-1664, Riverview St -Riverside Pump Station Special Conditions12 NACC 10/28/2015 DEP FILE # 242 -1664 APPENDIX A - AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1._ I am the ( 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. ►;1 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1664, Riverview St -Riverside Pump Station Special Conditions] 3 NACC 10/28/2015 10/15/08 STORM WATER POLLUTION PREVENTION PLAN GREATER LAWRENCE SANITARY DISTRICT 240 CHARLES STREET NORTH ANDOVER, MA 01845 UPDATE #2 October 15, 2008 Facility Information Type of Facility: Publicly Owned Wastewater Treatment Facility Operating Schedule: 24 hours per day, 7 days per week Staffing: GLSD: 42 employees, 5 operating shifts Also: NEFCO (drying facility): 10 employees, 4 shifts GLSD Retirement Office: 1 part time employee Average Treated Discharge: 30 MGD (2001 data) NPDES Storm Water Permit Number: MAR0513865 NPDES Wastewater Permit Number: MAO 100447 Wastewater Effluent Outfall: 001 Combined Sewer Overflows: 002-006 Site Area including entrance road: -87 acres Communities Served: Andover Dracut (portion) Lawrence Methuen North Andover Salem, NH I. Storm Water Management Committee A. Committee Member Information Leader: Steve Harwood Title: Operations Coordinator Office Phone: 978-685-1612 Responsibilities: a. General administration of Storm Water Management Program. Responsible for preparation and implementation of the Storm Water Management Plan, coordination of employee training, record keeping and reporting. b. Responsible for implementing the pollution prevention plan as it relates to plant operations. Includes training and supervision of operating staff. Members: (1) Donald Lanza Title: Maintenance Manger Office Phone: 978-685-1612 Responsibilities a. Responsible for implementing the pollution prevention plan as it relates to maintenance activities. Includes site inspections, spill cleanup, maintenance staff training, supervision of good housekeeping activities. (2) Colleen Spero Title: Monitoring Manager Office Phone: 978-685-1612 Responsibilities a. Assists Operations Coordinator in meeting the requirements of the pollution prevention plan. Assist in implementation of employee training program. C. Emergency Information Contact: Steve Harwood Operations Coordinator Office: 978-685-1612 Cell: 978-360-3072 Secondary Contact: Donald Lanza Maintenance Manger Office: 978-685-1612 Cell: 978-360-3074 II. Site Assessment A. Site Map • Figure 1, Greater Lawrence Sanitary District site map, Storm Water Management Plan. Figure 1 shows the pre -2002 site plan ■ Figure 1A shows the location of the facilities added in 2002, including anaerobic digesters, biofilter and biosolids drying facility. ■ Figure 1 B shows the location of most facilities added in 2007 including grit building, secondary bypass structure and blower building. ■ Figure 1C shows the location of the bypass chlorine contact tank which was also added in 2007. ■ Figure 1D is a revised site plan showing October 2008 conditions. Figures appear on the following pages: containers receiving mixed trash and paper are located adjacent to the loading dock. Based on past experience as well as spill prevention practices, significant storm water contamination due to chemical deliveries has not been a problem. Fuel oil tanks are located in this area. Because fuel oil is rarely used, delivery of fuel oil does not occur in most years. Drainage Area #3: This zone contains two gravity thickeners (No 1 & 2), one biofilter, one anaerobic digester and part of another, and a paved road. Drainage is to the drainage channel that runs alongside Road H to Road A then to discharge point D. Drainage Area #4: A partially grassed area which contains two gravity thickeners (No 3 & 4), one anaerobic digester and part of another, the digester building, and Power Center #3. There is a currently unused digested sludge truck filling station on the north side of the digester building. Storm water sheet flow travels west for discharge into Drainage Area 6. Under normal operating conditions there is no potential for significant storm water contamination. However, the anaerobic digesters experience occasional problems with foaming. Foam from the digesters may deposit onto the ground surface, creating a potential for storm water contamination. Jersey barriers have been erected around all three digesters to contain the foam. Should ,a foaming condition occur, foam is collected behind the Jersey barriers and pumped to the sludge storage tanks for further treatment. Glycol is used in the digester building. Drainage Area #5: The majority of the area is grassed and includes the two main chlorine contact chambers and the bypass chlorine contact chamber. Located on the deck over the two main chlorine contact chambers are two 6,650 gallon sodium bisulfite tanks. An older 6,400 gallon bisulfite tank located on the north side of the plant water building is no longer in use. The off-loading connection for sodium bisulfite delivery is located on the north wall of the plant water building. Pad -mounted transformer #3A is located near the road on the south side of the Plant Water Building. Storm water from Drainage Area 5 is channeled for discharge at point A. Drainage Area #6: This is the largest drainage area. Approximately one half of the area is covered by the four aeration tanks and four secondary clarifiers. The main electric building and the aeration system blower building are located to the east of the aeration tanks. The remainder of this drainage area is grassed. Storm water flow is collected and discharged through a drain line to the Merrimack River at Discharge Point B. In the northeast corner of this area is an overflow connection to Drainage area #5. The main electric building houses the most important potential source of storm water contamination. A 275 -gallon diesel fuel tank is located within the building. The tank is located within a bermed area and release Discharge point A: The storm water flow discharge through this point is from Drainage Area 5, the drainage channels along Roads H and M and from the Drainage Area 6 overflow. Discharge Point B: Drainage Area 6 discharges through this point. Discharge Point C: Storm water discharge at this location is from Drainage Area 2. Roof leader water from the Process and Maintenance Building is also included Discharge Point D: This discharge route accommodates flow from several drainage areas. Included for discharge are flows from Drainage Areas 1, 3, 7 and the Administration Building roof leaders. The "Downstream Defender" storm water treatment unit is located nearby. O C a`) m E 0 0 cn C (B O Q m O yL+ C O U O C () O Q L y� O C a) U) N a) N cn Q i 06 m O U O O Q O N 0 to a) O N Ca I! w, Y _ O .+ v J Z U) .— L O O O O O O O tv C O N z Z � L in Q - co d O r la O N O O O O O O O O O O s E z z z z z z z z z L YO0a) J0 L W } a) a) a) a) a) a) a) m a) Z O M O O O O O O O O O = X z z z z z z z z z (�J W J C 'a N CY N N N _U) Z0 Q 0 Q� .Q 0 0 o (0 (0 o U) o ro M p o 0 o po z o O H (1 O N r OO M 00 LO N LO L \L M � (� \ L \ L \ L � 0 O C) Op p 0 L i cn O p m Qd N o O co (a c O O D O N O 1 p LO LO 0 0 I O0 O O p O O_ O_ Op O r 00 L N O r r N O LU U)Z) O o a a) N °) C. c oc c c c O o •� U O U mca m N ❑ ❑ O ❑ f— LL U) W ❑ in O O i J Q o a) t N ca cl =3m S E c FW- = T m c E (a °' O E 5 E s a �'-, = a) E a) E E m LL a) U U (pE Om Q) co U) 0- d d M ❑.0 2 0 LL w O z c m N N ca H O m c C c co a3 () 0) .=S N L QY C N O U m O C: O O m U C O a) M O fB C o -0C O O N O O N ^� CU a] L E )( O O ^� Q W =f C C (6 O (6 4- O C O O -O U N C m U)U A -C �C L a) L Y Q O C N L 0 LO " O E M (� a) E C � �X o co a) L \ L Q :t.! a) Q ''�^/� < co CV I. POSSIBLE SOURCES OF STORM WATER CONTAMINATION Application of salt/sand mix during cold Snow and ice is mechanically removed weather for snow and ice removal prior to salt/sand mix application. An effort is made to apply mix sparingly. Sand remaining following the winter period is swept from paved surfaces. Loading Dock Maintain clean orderly conditions. Immediate clean up of spills. Mixed Trash Container Keep covered at all times. Dispose of contents when full. Heating Oil Delivery Follow prescribed delivery procedures. Continuous monitoring of process. Immediately clean up of spills. Deliveries of sodium hypochlorite, ferric Follow prescribed delivery procedures. chloride, emulsion polymer, and sodium Continuous monitoring of process. bisulfite. Immediately clean up of spills. Anaerobic Digester Foaming Ensure concrete barriers are properly in place. Vacuum (Vactor Truck) foam that has deposited on the ground. Berm around nearby drains, if necessary Biosolids Drying Facility Truck Loading Ensure that pellet delivery chute is properly situated over trailer opening. Monitoring filling to determine if spilling of pellets is occurring. If pellets are spilled, sweep up area to remove the pellets from the ground. Monitor silo and pellet oil area for signs of leakage. Outside Pad -Mounted Transformers All pad -mounted transformers contain transformer oil. Pads should be periodically inspected for signs of oil leaks. K. SITE EVALUATION SUMMARY Materials of significance are stored and handled in a manner to minimize the possibility of storm water contamination. Sources of potential contamination are covered, are stored in tanks or within berms. Storage tanks are provided with containment. Material handling during delivery is routinely monitored to prevent spills. There are no significant exposed materials and there have been no significant spills or leaks during the past three years. Minor spillage of the biosolids pellets and occasional digester foaming incidents have occurred. Control and remediation efforts have been implemented on these occasions. The site has engineered storm water drainage and control system. All areas are either vegetated or paved to prevent erosion and sediment bearing storm water flows. There are no non -storm water discharges to the drainage system. Monitoring data presented in Section II, J are indicative of site storm water quality. III. STORM WATER MANAGEMENT PLAN A. BEST MANAGEMENT PRACTICES 1. Good Housekeeping - Store all materials of significance under cover. Collect and recycle all used oil. Maintain regular trash pick-up. Instruct staff in implementing Best Management Practices and basic clean-up procedures. 2. Preventative Maintenance - Regular inspection and maintenance of all areas. Periodic sweeping and inspection of paved areas and loading zones. Annually inspect all storm water treatment units and clean out as needed. Annually inspect all catch basins and clean out as needed. Maintenance of vegetative and grassed areas. 3. Inspections - Because of the nature of the facility, general inspections are conducted daily by both operations and maintenance staff. Included in these inspection tours are paved and grassed areas, loading zones, delivery locations and drainage system. As noted above, annual inspections are conducted of the storm water treatment units and catch basins. 4. Spill Prevention - all bermed areas are checked regularly. All on -loading and off-loading of materials are monitored. In the unlikely event of a spill, clean up must be immediate. The staff is instructed on clean up procedures within their work area, and dedicated equipment and supplies are available on site. 5. Erosion and Sediment Control - All areas are either paved or vegetated. During construction, contractors must implement standard runoff and sediment control practices such as installing sediment fences and performing regular street sweeping. 6. Management of Runoff - The site includes an engineered storm water collection and management system. This system includes various passive elements to manage the rate of runoff, control erosion and in certain locations, remove entrained sediment. B. EMPLOYEE TRAINING PROGRAM The general plan for employee training is as follows: 1. Who?: Operations and Maintenance Staff N W � � F- c c c c c 0 0 0 0 0 2 2 \ \ \ k \ \ \ a- O O O 0 O q « q q q S S S E S % m . % E b § E E % E f \ \ f \ / » » » » » § q § § ) ƒ ƒ ƒ ƒ ƒ ®% § k 0 ) $ 0:3 m )2 eCL \ E \ Co N / 7 § ¥ k § 5 \ � $ b 2 0 \ ° / § 0w »$ �e 2' $/ 22 E 2 a E % e r¥ 0 3 m /_ \ _0 /° S 0 f e CO m 0 2 0- a m§ c w q c M m /0 2ƒ§® ( ° 0 5' k 1222 G l a } S 0-aw $° u S \/ 0 �� $ q n q m o g a f$ m n W® o 5 =30 = a) E"D-0 f $m k% - = \\ \��®t/n (/ \% E %-c= _k$\\ owe &®=®o- 0) = f % ± 2 % « / 2°§ 2eg ®°° ~ c\ moo» \\t5 '/tE qS\C -0 29 g» Et =mee o �® Z3 n=32 o E2� /5% 3: wm T- a)oo� �/ 00cr 3@OI U) C) B£Elmmg mo -j -j / - - - - - - - - - - ( / 7 � CL 2 / $ 2 h \ \ ® § I -0> £ 7 a k k \ 0- /U) U) V. PROGRAM EVALUTION A. SEMI-ANNUAL SITE COMPLIANCE EVALUATION A site compliance evaluation will be conducted semi-annually by Operations Coordinator. This evaluation will include a site inspection, review of any incidences which resulted in storm water contamination, examination of the Best Management Practices and review of the Employee Training Program. A site evaluation checklist is included as Attachment H. B. RECORD KEEPING AND INTERNAL REPORTING All documents concerning the Storm Water Permit Program will be maintained in the central administration file. Included will be: • Storm Water Permit • Storm Water Pollution Prevention Plan • Storm Water Monitoring Data • Other pertinent documentation C. PLAN REVISIONS The Storm Water Management Program will be reviewed yearly as part of the Annual Site Compliance Evaluation. Present practices will be critiqued to determine if improvements can be made to enhance protection of storm water quality. Any new procedures, which would offer more protection, will be the basis for modification of the Storm Water Pollution Prevention Plan. Additionally, on an annual basis modification(s) to the plan will be made that reflect administrative changes such as changes in personnel responsibilities or administrative procedures. Attachment Listing: A. Storm water Discharge Notice of Intent, 9/18/92 B. Storm water General Permit Coverage Notice, 12/31/92 C. Storm water Multi -Sector General. Permit Coverage Notice, 11/17/97 D. Storm water Multi -Sector General Permit, 3/21/01 E. Location Drawing & Operation & Maintenance Instructions for "Vortechs" storm water treatment unit F. Location Drawing & Operation & Maintenance Instructions for "Downstream Defender" storm water treatment unit G. Biosolids Drying Facility — SPCC Plan Inspector: GLSD Storm Water Site Evaluation Checklist Date: Drainage Area Item OK? Comments 1 Dum ster Pellet Oil Area Silos / Conveyors Truck Load Area H2SO4 Tank Transformers 2, 2A Dig. Boiler Room FeCL3 Hookup Vehicle Garages Other Areas 2 H o Hookup Pol Hookup . Loading Dock Dum sters Other Areas 3 All areas 4 Power Center #3 Other Areas 5 Bisulfite tanks Bisulfite Hookup Transformer 3A Other Areas 6 Diesel Generator Transfrmrs 11A,11B Transformer 4B Other Areas 7 Septa e Area KMnO4 Area Oil Water Separator Transfrmrs 3A1. 3B Other Areas 8 All areas 9 All areas N/A Drainage Channels Disch A Defoamer Other Areas Disch B All areas Disch C All areas Disch D All areas Provided byMassDEP: _.-'- L©C�L 0 -,f �� �l Gl G1J�� t. -d® NACC#137 MA 'Form 5 — Order of Conditions MassDEP File # I OIj f� 9� -� Zd � y� �. eDEP Transaction # North Andover City/Town A. General information !!ease note: North Andover r_ vi been modified Conservation Commission with added 2. This issuance is for space to a. JZOrder of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Cheri Cousens Important: When filling Greater Lawrence Sanitary District out forms on c. Organization the 240 Charles Street computer, use only the d. Mailing Address tab key to North Andover move your e. City/Town cursor - do not use the 4. Property Owner (if different from applicant): return key. " JAI a. First Name rttmn c. Organization d. Mailing Address b. Last Name MA 01845 f. State g. Zip Code b. Last Name e. CityTTown f. State g. Zip Code 5. Project Location: 240 Charles Street North Andover a. Street Address b. City/Town Maps 72, 17 and 12 multiple -see figures c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42.d42m492Ns 71d08.02m940Ws d. Latitude e. Longitude wpaform5.doc • rev. 07/22/2014 Page 1 of 12 ILI WPA Form 5 — Order of Conditions x - Provided by MassDEP NACC#137 MassDEP File # eDEP Transaction # North Andover City/Town A. General Information (cont.) s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex Northern a. County b. Certificate Number (if registered land) c. Book d. Page 1/29/15 lS a / � 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date o Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan Showing Takings for Sewer Easements Sheets 23 & 24 a. Plan Title Harry R. Feldman, Inc. Andrew E. Szemplinski, R. L. S. b. Prepared By . . c. Signed and Stamped by February 23, 1972 1" = 40' d. Final Revision Date e. Scale North Andover Merrimack River Shoreline January 8, 2015 f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. f. ® Protection of pp y ®Fisheries Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® 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. wpaform5.doc • rev. 07/22/2014 Page 2 of 12 f �i � 4�/ 6,J/ Provided byM assDEP: G4-NACC#137 Ll ''I VVPA Form 5 —Order of Con difi ons t>nassDEP File # eDEP Transaction # North Andover CityTrown B. Findings (cont.) Denied because: b. ❑ 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 the 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. ❑ 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 andincludesmeasures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is Iaclking and why it is necessary is attached to this Order as per 310 CMR 10.405(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement see letter 4. Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. Bordering see letter Vegetated Wetland a. square feet b. square feet c. square feet d. square feet s. El Land Under Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. c/y dredged f. c/y dredged 7. ® Bordering Land see letter Subject to Flooding a. square feet b. square feet c. square feet. d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet s. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet dcubic feet e. cubic feet f. cubic feet g. IE Riverfront Area a. total sq. feet b. total sq. feet Sq ft within 100 ft see letter 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 wpaform5.doc • rev. 07/2212014 Page 3 of 12 K REC i tiff'}Rimmer Environmental Consulting, LLC I 30 Green Street - Newburyport, MA 01950 - Te1978-463-9226 - Fax 978-463-8716 January 30, 2015 Jennifer Hughes Conservation Administrator Town of North Andover 1600 Osgood Street, Suite 2035 North Andover, MA 01845 Re: Notice of Intent Greater Lawrence Sanitary District — Easement Maintenance Dear Ms. Hughes: At your request, below is a summary of the extent of proposed work associated with the above referenced project within resource areas subject to jurisdiction under the North Andover Wetlands Protection Bylaw: • Inland Bank: Maximum 925 linear feet temporary alteration. • Bordering Vegetated Wetland: Maximum 2,300 square feet of temporary alteration based on 115 linear feet of BVW times the proposed .maximum width of clearing of 20 feet. • Bordering Land Subject to Flooding: The entire project site is within BLSF which includes approximately 27,640 square feet based upon 1,382 linear feet of easement times the proposed maximum clearing width of 20 feet. There is no change in grade proposed with the exception of removing of some sediment around manholes, therefore the project will not result in any adverse impact to BLSF. • Riverfront Area: The entire project site is within Riverfront area which includes approximately 27,640 square feet as described above. Much of the easement area will remain undisturbed with the remainder resulting in onlytemporary impacts to Riverfront Area. We look forward to discussing this with you at your next scheduled meeting on February 11, 2015. In the meantime, should you have any questions or require additional information, please do not hesitate to contact me. Very truly, Mary Rimmer Principal/Sr. Wetland Scientist Cc: Richard Weare —GLSD Ll1 - WPA Form 5 Order of Conditions Provided by'MassDEP: NACC#137 MassDEP File # eDEP Transaction # North Andover City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a. square feet b. square feet 12. ❑ Barrier Beaches 13. ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal a. square feet Shores 17. ❑ Salt Marshes 18. ❑ Land Under Salt Ponds 19. ❑ Land Containing Shellfish 20. ❑ Fish Runs 21. ❑ Land Subject to Coastal Storm Flowage wpaform5.doc • rev. 07/2212014 c. c/y dredged d, c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below Page 4 of 12 cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. c/y dredged d. c/y dredged a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. c/y dredged b. Gy dredged a. square feet b. square feet Page 4 of 12 WPA Fora 5 ,Order of {Condit{ions B. (Findings (cont.) " #22. If the 22 project is for the purpose of restoring or enhancing a wetland resource area 23. in addition to the square footage that has been C. �General Conditions Under Massachusetts Wetlands Protectoon Act entered in Section B.5.c (Bvw) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures the additional 9 y , shall be deemed cause to revoke or modify this Order. amount here. 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. ❑ Restoration/Enhancement *: a. square feet of BVVV ❑ Stream Crossing(s): a. number of new stream crossings b. square feet of salt marsh Provided byMassDEP: 'NACC#137 MassDEP File # eDEP Transaction # North Andover City/Town b. number of replacement stream crossings 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order maybe extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 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. wpaform5.doc • rev. 07/22/2014 Page 5 of 12 Provided by MassDEP: 1 �! NACC#137 'MassDEP File # Ll PA Form 5 Order of Conditions eDEP Transaction # North Andover CitylTown C. General Conditions Leder Massachusetts Wetlands Protection Acct (cont.) 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 NACC#137 " 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 MassDEP. 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. wpaform5.doc - rev. 07122/2014 Page 6 of 12 _ f Provided Loo,;c � �, %��q �tiG NACC#137assDEP: # WiPA Form 5 a Order of Conditions MassDEP File eDEP Transaction # North Andover City/Town C. General Conditions !Under Massachusetts Wetlands Protection Act (cont.) 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 Ithe " a'rojecV) (1) ❑ is (2) E is not subject to the Massachusetts Stormwater Standards. it the work is subject to the '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 Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 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. wpaform5.doc • rev. 07/22/2014 Page 7 of 12 11 7. WMA Form 5 — Order of Conditions Provided by'MassDEP: NACC#137 MassDEP File # eDEP Transaction # North Andover City/Town Q General Conditions Under Massachusetts Wellands Protection Act (cont.) 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 18(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 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 Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution 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 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(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 0&1111 Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc - rev. 07/22/2014 Page 8 of 12 WIPA Form 5 -+girder of iCondifions Provided by MassDEP: NACC#137 MassDEP File # eDEP Transaction It North Andover City/Town C. Genera0 Conditions Under Massachusetts Wetlands IProtection Act (cont.) 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. ocation);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 (if you need more space for additional conditions, please attach a text document).- 'See ocument):'See Attached wpaform5.doc • rev. 07122/2014 Page 9 of 12 ILI''WPA Forin, 5 — Order sof Conditions Provided by'MassDEP: NACC#137 MassDEP File # eDEP Transaction # North Andover Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? Z Yes ❑ 'No 2. The North Andover hereby finds (check one that applies).- Conservation pplies):Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance orbylaw, 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 of Conditions is issued. b. 0 that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw Chapter 178 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 (if you need more space for additional conditions, attach a text document): See Attached wpaform5.doc • rev. 07/22/2014 Page 10 of 12 LI, I WPA Form 5 — Order 'of Colnditl'ons E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission Provided by MassDEP NACC#137 MassDEP File # eDEP Transaction # North Andover Cityfrown _/ _ t. Date of Is ante 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. Signature : J�1 ❑ by hand delivery on Date F. Appeals by certified mail, return receipt requested, on S if i;? &6 - Date 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 of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. 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. wpaform5.doc- rev. 07/22)2014 Page 11 of 12 t. E L11 I ''WPA Form 5 Order of Conditions I 1 1G, Recording information Provided by MassDEP: 'NACC#137 VassDEP File # eDEP Transaction # North Andover Citylrown Prior to commencement of work, 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 f=inal 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: MCC Project Location r Has been recorded at the Registry of Deeds of: County Book Page for: property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: DocumentNumber Signature of Applicant wpaform5.doc • rev. 07/22/2014 Page 12 of 12 NACC 437 Findings: • The proposed work is considered exempt from the requirements of the Massachusetts Wetlands Protection Act per 310 CMR: 10.02(2)(a)2. The Town of North Andover Wetlands Protection Bylaw does not specifically contain an exemption for sewer system maintenance. In addition, maintenance activities have not been conducted for approximately 15 years and the North Andover Conservation Commission (NACC) does not consider this initial vegetation clearing to be routine maintenance. The NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in 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 within jurisdiction includes: Maintenance of the GLSD North Andover Interceptor easement along the Merrimack River. Maintenance will include cutting and chipping of vegetation within a 15 -foot section of the easement and removal of sediment over access manholes. All sediment will be removed from the site. Stumps will be left in place. Cut stumps will be painted with an herbicide approved for use in wetlands. A waiver request was included for work within the 25 - foot No -Disturbance Zone (Section 5.1) and within Wetland Resource Areas (Section 5.3). 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/ Property Owner: Cheri Cousens Greater Lawrence Sanitary District 240 Charles Street North Andover, Massachusetts 01845 Notice of intent filed by: Mary Rimmer Rimmer Environmental Consulting, LLC 30 Green Street Newburyport, MA 01950 Date filed: January 30, 2015 Site Plans showing Easement Area: Harry R. Feldman, Inc. Land Surveyors 112 Shawmut Ave. NACC 4 137, 240 Charles St-GLSD Special Conditions 1 11, NACC 3/12/2015 NACC #137 Boston, MA Titled: Flans Showing Takings for Sewer Easements Sheet No. 23 & 24: Stamped by: Andrew Szemplinski, PLS Date: February 23,1972 Titled: Greater Lawrence Sewer District Interceptor, North Andover, Merrimack River Shoreline Prepared by: Rimmer Environmental Consulting, LLC Date: January 8, 2015 Other Record Documents: Letter from: Mary Rimmer Re: Notice of Intent Date: January 30, 2015 Operation and Maintenance Plan (attached) Letter from: Division of Fisheries & Wildlife NHESP File No.: 99-5612 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 take 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 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 NACC #137, 240 Charles St-GLSD Special Conditions 2 i I. NACC 3/12/2015 r.rtK917Itt 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 days (30) prior to the expiration date of the Order (Refer to Section 8.3 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. The following wetland resource area is affected by the proposed work: Riverfront Area, Inland -Bank, Bordering Vegetated Wetland and Bordering Land Subject to Flooding. These resource areas are significant to the interests of -the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No - Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as approved under the waiver requested and shown on the plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 32. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 33. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage NACC #137, 240 Cbarlcs St-GLSD Special Conditions 3 4 : NACC 3/12/2015 NACC #13'7 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. PRIOR TO CONSTRUCTION 34. 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. 35. 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. 36. A sign shall be displayed at the end of North Main Street not less than two square feet or more than three square feet in size bearing the words "NACC #137." 37. 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. 38. 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. NACC #137, 240 Charles St-GLSD Special Conditions 4 NACC 3112/2045 NACC #137 39. Prior to any work�commencing on-site, the applicant shall submit,:to the NACC for approval, a detailed and dated sequence of construction from the beginning of work through final stabilization. In addition, the contractor shall provide a list of equipment to be used to conduct the work. 40. The limits of the easement maintenance shall be delineated by flagging or other means to be sure that no machinery or maintenance activity occurs beyond the limits of the easement. 41. 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 Commissions request. 42. The applicant shall have on hand at the start of any maintenance activities ten (10) hay bales and sufficient stakes for staking these bales or other erosion control as approved by the Conservation Department. Said bales/ erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 43. A check payable to the Town of North Andover shall be provided in the amount of $5,000 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. 44. 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 NACC 4137, 240 Charles St-GLSD Special Conditions 5 1NAaC 3/12/2015 NACC #137 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. 45. At least once during each week in which construction activities occur 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. 46. 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. 47. 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 erosion control monitor 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. Whereafter, 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). NACC #137, 240 Charles St-GLSD Special Conditions 6 NACC 3/12/2015 NACC #137 STORMWATER MANAGEMENT CONDITION'S __ ___ J 48. 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. 49. 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. 50. The applicants, owners, and their successors and assignees, shall maintain, in perpetuity all swales, grassed channels, deep sump catch basins, outlet structures, stone infiltration basins, .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 51. 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 #45). 52. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 53. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un -stabilized. If material is tracked beyond the easement entrance onto adjacent roadways, it will be swept up daily. 54. 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, NACC # 137, 240 Charles St-GLSD Special Conditions 7 NACC 3/12/2015 NACC #137 lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles -or parts on any of the foregoing. 55. All exposed soil finish grade surfaces shall be immediately landscaped (native plantings/ seed mixes) and stabilized, or loamed, seeded and mulched, with a layer of mulch hay or matting (natural fibers only). All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch bay or matting until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 56. 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. 57. There shall be no stockpiling of soil or other materials within any resource area. All sediment removed from the easement area shall be properly disposed of off-site in accordance with local, state and federal regulations. 58. Washings from concrete trucks, or. surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 59. 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 durnpsters {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. 60. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 61. 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 or within the easement .area. Al~TEIi CONSTRUCTION NACC # 137, 240 Charles St-GLSD Special Conditions 8 NACC 3/12/2015 NACC #137 62. 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 Towns Wetland protection Bylaw. b3. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%) and phosphorous free, 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 except as permitted to prevent cut stump regrowth. This condition shall survive this Order of Conditions. This condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 64. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the No -Disturbance Zone/ edge of delineated wetland. This condition shall survive the issuance of a Certificate of Compliance. 65. 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. 66. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be.seeded. 67. The attached Operation and Maintenance Plan will be adhered to on a yearly basis. No additional filings for maintenance will be required to conduct the herein referenced Maintenance. 68. 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 NACC file number. h. A written statement from the project Wetland Scientist certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. NACC #137, 240 Charles St-GLSD Special Conditions 9 NACC 3/12/2015 NACC #137 69. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except as approved under NACC #137. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants (Condition #61); ➢ Prohibition of underground fuels (Condition #62); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #63); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #64); ➢ The attached "Operation and Maintenance" plan. No additional. filings will be required to conduct maintenance of the above referenced easement as detailed in the plan. NACC #137, 240 Charles St-GLSD Special Conditions 10 NACC 3/12/2015 • NACC #I37 APPENDIX A - AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) -(PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of ( position with applicant) (applicantname or company name) the applicant upon whom Order of Conditions have been placed upon by (D EP or NACC number) the North Andover Conservation Commission. 2. I am the &/or 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. L 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEF File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) NACC #137, 240 Charles St-GLSD Special Conditions 11 NACC 3/12/2015 Operation and Maintenance On a yearly basis or as needed, GLSD will inspect the easement and perform work required as outlined below: 1. Cut or trim and remove overhanging branches that would impede equipment from gaining access to the easement. 2. Remove accumulated river silt and sand deposited over the easement, especially the access manholes, and properly dispose of off-site. 3. Inspect and make repairs to stone rip rap and mortar joints. 4. Cut grass and/or small shrubs along the easement to prevent growth of larger vegetation. 5. Cut and paint stumps with an approved herbicide to prevent re -sprouting 6. Inspect for encroachment by surrounding property owners As necessary GLSD will periodically conduct interior video monitoring of the pipe to insure that it is without leaks or cracks. - AIL WX�'�t�/�t`.l i,', . (i�ir,. DIE .30 er ez a sf'rEs 045.-v;mW'WDX°Wt� AM 01.9,56 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1524 )LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP wpafrm8b.doc • rev. 12/23/09 WPA Form 83. Cerlificate of Compliance • Page 1 of 3 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Richard Hogan, Greater Lawrence Sanitary District only the tab key Name to move your 240 Charles Street cursor - do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Greater Lawrence Sanitary District Name Stem ber 28, 2011 242-1524 Dated DEP File Number 3. The project site is located at: Riverview and Charles Streets North Andover Street Address City/Town Map 28 Parcels 3 & 4 (See list in NOI) Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Greater Lawrence Sanitary District Property Owner (if different) Essex North 12734 58 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/24/13 Date wpafrm8b.doc • rev. 12/23/09 WPA Form 83. Cerlificate of Compliance • Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: L11 WPA Form 8B — Certificate of Compliance 242-1524 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 73 C. Authorization Issued by: North Andover wpafrmBb.doc • rev. 12/23109 Conservation Commission Date of Is uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See WPA Form 8B, Certificate of Compliance • Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L� i WPA Form 8B — Certificate of Compliance 242-1524 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: Riverview and Charles Streets 242-1524 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North 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. 12/23/09 WPA Form 8B, Certificate of Compliance • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c.,-131, §40 A. General Information Important: North Andover When filling From: 1. Conservation Commission out forms on the computer, 2. This issuance is for (check one): use only the tab key to 3. To: Applicant: move your DEP File Number: 242-1262 ® Order of Conditions ❑ Amended Order of Conditions cursor - do not Richard Hogan Greater Lawrence Sanitary District ( GLSD ) use the return a. First Name b. Last Name c. Company key. 240 Charles Street d. Mailing Address tb North Andover MA. e. Citylrown f. State re 4. Property Owner (if different from applicant): 01845 g. Zip Code a. First Name b. Last Name c. Company d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: 240 Charles Street North Andover a. Street Address b. City/Town Map 75 Lot 3 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) c. Book d. Page . 6/11/04 8/4/04 g p 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Dae of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Greater Lawrence Sanitary District W W T P Improvements for CSO Abatement- Sheets 1-6 a. Plan Title Wright -Pierce Engineers Paul F. Birkel, P. E. & Jefferey R. Pinnette, P. E. b. Prepared By c. Signed and Stamped by 7/27104 1 ". = 100' & 1" = 40' d. Final Revision Date e. Scale Stormwater Management Plan June 2004 f. Additional Plan or Document Title g. Date $ 250.00 s. Total WPA Fee Paid: a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaformUcc - rev. 8/11/04 Page 1 of 6 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1524 WPA Form 5 - Order of Conditions eDEP Transaction #:419575 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER A. General Information 1. Conservation Commission NORTH ANDOVER 2. Issuance a. r OOC b. C Amended OOC 3. Applicant Details a. First Name RICHARD b. Last Name HOGAN c. Organization GREATER LAWRENCE SANITARY DISTRICT d. Mailing Address 240 CHARLES STREET e. City/Town NORTH ANDOVER f. State MA g. Zip Code 01845 4. Property Owner a. First Name SEE ATTACHED LIST b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location a. Street Address RIVERVIEW AND CHARLES STREETS b.City/Town NORTH ANDOVER c. Zip Code 01845 d. Assessors Map/Plat# 28 e. Parcel/Lot# 3 & 4 (SEE LIST IN NOI) f. Latitude 42.70874N g. Longitude 71.13314W 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book d. Page NORTHERN ESSEX 01805 0315 NORTHERN ESSEX 05118 0138 7.Dates a. Date NOI Filed: 7/18/2011 b. Date Public Hearing Closed: 9/14/2011 c. Date Of Issuance: 9/29/2011 8.17ina1 Approved Plans and Other Documents a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: GLSD RIVERSIDE PUMP STATION KLEINFELDER SEA MARK J. THOMPSON, P.E. 09/07/2011 1 "=20' MODIFICATIONS B. Findings Page 1 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: (�Bureau of Resource Protection -Wetlands MassDEP File #:242-1524 419575 MTA Form 5 - Order of Conditions eDEP Transaction #: City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. F Public Water Supply d. F Private Water Supply g. F Ground Water Supply b. F Land Containing Shellfish e. F Fisheries h. F Storm Damage Prevention 2. Commission hereby finds the project, as proposed, is: c. F Prevention of Pollution f. F Protection of Wildlife Habitat i. F Flood Control Approved subject to: a. F 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. F 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. f 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): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r, Bank 5. F Bordering Vegetated Wetland 6. F Land under Waterbodies and Waterways a. linear feet b. linear feet 1208 1208 a. square feet b. square feet a. square feet b. square feet e. c/y dredged f. c/y dredged c. linear feet d. linear feet 1208 1208 c. square feet d. square feet c. square feet d. square feet Page 2 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: �-- Bureau of Resource Protection - Wetlands MassDEP File #:242-1524 WPA Form 5 - Order of Conditions cDEP Transaction #:419575 ( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER 7. r Bordering Land Subject to Flooding 9877 9877 9877 9877 a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage 300 300 300 300 c. cubic feet f. cubic feet g. cubic feet h. cubic feet 8. r- Isolated Land Subject to Flooding 14. r Coastal Dunes a. square feet b. square feet c. cly nourishment d. c/y nourishment 15. C Coastal Banks a. linear feet b. linear feet 16. r Rocky Intertidal Shores a. square feet b. square feet 17. r Salt Marshes a. square feet T. 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 19.1- Land Containing Shellfish Page 3 of 10 * ELECTRONIC COPY a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet 9. F Riverfront Area 15400 15400 a. total sq. feet b. total sq. feet Sq ft within 100 ft 0 0 0 0 c. square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft 15400 15400 15400 15400 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. C 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. cly nourishment d. c/y nourishment 15. C Coastal Banks a. linear feet b. linear feet 16. r Rocky Intertidal Shores a. square feet b. square feet 17. r Salt Marshes a. square feet T. 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 19.1- Land Containing Shellfish Page 3 of 10 * ELECTRONIC COPY L11Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File 4:242-1524 WPA Form 5 - Order of Conditions eDEP Transaction #:419575 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/fown:NORTH ANDOVER 20. r Fish Runs 21.1- Land Subject to Coastal Stone Flowage a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above c. c/y dredged d. c/y dredged 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. P- 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, Page 4 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1524 f g WPA Form 5 - Order of Conditions eDEP Transaction 4:419575 City/Town :NORTH ANDOVER 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 :"242-1524" 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, 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 Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File 9:242-1524 WPA Form 5 - Order of Conditions eDEP Transaction #E:419575 t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City[rown:NORTH ANDOVER 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 stonnwater 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 arc 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 Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long -tern 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. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the 0&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 0&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 Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1524 LIZ WPA Form 5 - Order of Conditions eDEP Transaction #:419575 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER 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 #:242-1524 WPA Form 5 - Order of Conditions eDEP Transaction #:419575 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityflbwn:NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance 1 • Is a municipal wetlands bylaw or ordinance applicable? F Yes r No 2. The Conservation Commission herebv(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. NORTH ANDOVER 1. Municipal Ordinance or Bylaw WETLANDS PROTECTION 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 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MTA Form 5 - Order of Conditions t� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File #242-1524 eDEP Transaction #:419575 City/Town:NORTH ANDOVER E. Signatures � a 9 �/ This Order is valid for three years from the date of issuance, unless otherwise specified pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended 1. Date of Original Order Order expires on the same date as the original Order of Conditions. 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. Sign atures:W by hand delivery on Date F. Appeals c r/ 1Pcertified mail, return receipt requested, on — it/ . �) 1>/ Date 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. Page 9 of 10 * ELECTRONIC COPY L111Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1524 WPA Form 5 - Order of Conditions eDEP Transaction 4:419575 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.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: RIVERVIEW AND CHARLES STREETS 242-1524 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner SEE ATTACHED LIST 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/[/2010 Page 10 of 10 * ELECTRONIC COPY DEP FILE # 242 -1524 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: the construction (by open cut trenching and jacking) of approximately 2,500 feet of 72 -inch diameter force sewer force main pipeline between the Greater Lawrence Sanitary District (GLSD) main pump station (Riverview Street) and the waste water treatment plant (Charles Street) including temporary and permanent impacts to Riverfrorlt Area, Bordering Land Subject to Flooding (BLSF), Bordering Vegetated Wetland (BVW), and Buffer Zone to BVW and Inland Bank. Restoration of impacted resource areas and is proposed. A 500 square foot concrete pad to support a surge tank is also proposed and is within BLSF. Compensatory flood storage volume is provided. 21. The work shall conform to the following: Applicant: Richard Hogan Greater Lawrence Sanitary District 240 Charles Street North Andover, MA 01845 NOI Prepared by: Mark Thompson Kleinfelder.SEA 215 First Street, Suite 320 Cambridge, MA 02142 Site Plans prepared by: Kleinfelder SEA Titled: Greater Lawrence Sanitary District Riverside Pump Station Modifications Date: September 2011 Sheets: Cover, G1, C1-004, D1 Revised: 9/7/2011 Stamped by: Mark J. Thompson, P.E. Other Record Documents: Amended Notice of Intent (Inc. WPA Form 3 pages 2 & 3) Greater Lawrence Sanitary District Force Main Replacement Date: September 7, 2011 242-1524 glsd - force main replacement riverview & charles street ooc.doc 1 NACC 9/29/2011 DEP FILE # 242 -1524 Letter from Mark J. Thompson, P.E. Kleinfelder SEA Re: modifications to Notice of Intent Date: September 7, 2011 Temporary Storage of Construction Materials (submitted at public meeting 9-14-11) Letter from Division of Fisheries & Wildlife Dates: September 16, 2011 & August 15, 2011 NHESP File No.: 11-29334 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 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. 242-1524 glsd -force main replacement riverview & charles street ooc.doc 2 NACC 9/29/2011 DEP FILE # 242 -1524 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 days (30) prior to the expiration date of the Order. 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. The following wetland resource areas are affected by the proposed work: Riverfront Area, Bordering Land Subject to Flooding (BLSF), Bordering Vegetated Wetland (BVW), and the Buffer Zone to BVW and Inland Bank. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 32. The NACC agrees with the applicant's delineation of the wetland resource areas shown on the site plans referenced herein. 33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource except as follows: temporary and permanent impacts related to installation of Force Main Replacement. Waiver Requests were approved as submitted in the herein referenced Notice of Intent. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone except as noted herein. 34. The NACC approves the proposed resource area impacts: temporary BVW alteration of 1,208 s.f. and 300 cubic feet of BLSF provided that mitigation for this disturbance is conducted in accordance with the approved restoration plan provided in the Amended NOI and approved plans referenced herein. 35. The NACC finds the applicant's proposal for 1,208 sq. ft. of resource area restoration/re- vegetation and 300 cubic feet of compensatory flood storage volume to be adequate mitigation for the proposed temporary and permanent impacts. Success of the restoration areas shall be measured in accordance with the record documents and the Massachusetts Inland Wetland Replication Guidelines, March 2002 and Section 6.1 of the Bylaw Regulations. 242-1524 glsd -force main replacement riverview & charles street ooc.doc 3 NACC 9/29/201 I DEP FILE # 242 -1524 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. 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 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. 40. A sign shall be displayed at the sites not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1524" Signs should be posted on both the Riverview and Charles Street sites. 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. 242-1524 glsd -force main replacement riverview & charles street ooc.doc 4 NACC 9/29/2011 DEP FILE # 242 -1524 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 sequence of construction, including the installation of sedimentation/ erosion control devices, geotechnical borings, vegetation clearing, restoration, infrastructure installation, and all associated construction action items. This construction sequence shall be updated on a monthly basis as described below in Condition #55, and shall be completed in accordance with all best management practices as approved and referenced herein. 44. Wetland flagging shall be checked by the applicant 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. 45. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP). 46. Erosion controls as detailed in the Notice of Intent and the required SWPPP shall be placed between all construction areas and wetlands. The erosion control barriers will be properly installed and placed as shown on the plans approved and referenced herein and as required during construction 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. In addition the applicant will have on site additional erosion and sedimentation control devices including, but not limited to, additional crushed stone, catch basin inlet protectors, and filter bags for dewatering. 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. 242-1524 glsd -force main replacement riverview & charles street ooc.doc 5 NACC 9/29!2011 DEP FILE # 242 -1524 47. 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. Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $50,000 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. 49. 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. This person shall be given the authority to stop construction for erosion control purposes and 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. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 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. 51. Prior to construction or when appropriate locations can be established, the applicant shall permanently mark the edge of the 25' No -Disturbance Zone (where on GLSD property) with wetland markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round). 242-1524 glsd -force main replacement riverview & charles street ooc. doe 6 NACC 9/29/2011 DEP FILE # 242 -1524 This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers shall be field located and approved by the Conservation Department. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. The markers shall remain posted and be replaced as necessary in perpetuity. Markers may be obtained from the North Andover Conservation Department ($2 round (standard marker)/$3 square (rules)). 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). STORMWATER MANAGEMENT CONDITIONS 54. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 55. Upon beginning work, and in addition to weekly environmental monitoring reports, the applicant shall submit written progress reports each month detailing what work has been 242-1524 glsd -force main replacement riverview & charles street ooc.doc 7 NACC 9/29/2011 DEP FILE # 242 -1524 done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 56. Silt sacks/sediment filters shall be installed at any catch basins within 100 feet of the approved work and along construction access routes. 57. Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to de -watering is occurring and until this section is complete. De -watering activities shall be conducted as detailed in section 7.0 Mitigation Measures and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 58. 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. 59. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 60. 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. 61. There shall be no stockpiling of soil or other materials beyond the limit of work established by the erosion control line. No materials shall be stockpiled overnight within resource areas without being contained by erosion controls and/or covered. Stockpiled materials stored on pavement shall also be contained by erosion controls. 62. Construction equipment/vehicles shall not be staged overnight within 50 feet of a wetland resource area. 63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If concrete truck washing is required an area for this activity shall be designated and approved by the Conservation Department at the preconstruction meeting 64. 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 242-1524 glsd -force main replacement riverview & charles street ooc. doe 8 NACC 9/29/2011 DEP FILE # 242 -1524 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. 65. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 66. 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 67. 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. 68. 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. 69. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done in accordance with the specifications outlined in the NOI. Stabilization will be considered complete once full vegetative cover has been achieved. 70. Monitoring of the restoration area shall be provided in accordance with Section 6.1 of the NACC Wetland Protection Regulations. 71. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 72. 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. 242-1524 glsd -force main replacement riverview & charles street ooc.doc 9 NACC 9/29/2011 DEP FILE # 242 -1524 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: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ 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 a -X disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 73. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1524. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 (page 15) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of _�� . 6-bu - rune main replacement nverview & Charles street ooc.doc 10 NACC 9/29/2011 DEP FILE # 242 -1524 the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition #51); ➢ Discharge or spillage of pollutants (Condition #66); ➢ Prohibition of underground fuels (Condition #67); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #68); 242-024 glsd - torte main replacement riverview & charles street ooc.doc 11 NACC 9/29/2011 DEP FILE # 242 - 1524 • APPENDIX A - AFFIDAVIT L on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1•_ I am the of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2• 1 I am the &/or 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. A 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19_ I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File #) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) 242-1524 glsd - force main replacement riverview & charles street ooc.doc 12 NACC 9/29/2011