HomeMy WebLinkAboutMiscellaneous - 464 APPLETON STREET 4/30/2018 (2) I
r
I,
I
I
71
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
--� Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction 9:555351
1
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.F Amended OOC
3.Applicant Details
a.First Name CHARLES b.Last Name CARROLL
c.Organization NORTH ANDOVER�REALTY CORP
d.Mailing Address 66 SPRING HILL ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name CLAUDIA b.Last Name DUPUIS
c.Organization
d.Mailing Address 464 APPLETON ST.
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 464 APPLETON STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 65 e.Parcel/Lot# 8,9,55
f.Latitude 42.67058N g.Longitude 71.08096W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 1107 153
7.Dates
a.Date NOI Filed: 3/15/2013 b.Date Public Hearing Closed: 5/8/2013 c.Date Of Issuance: 5/10/2013
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:
DIFINITIVE P.R.D
SUBDIVISION
PLAN FOR CHRISTIANSEN& PHILIP G.CHRISTIANSEN, 4/4/13 1"=40'
REGENCY PLACE SERGI,INC. P.E.
SHEETS 7,9, 10, 11
&12
Page 1 of 10*ELECTRONIC COPY
r ,
i
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5-Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
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. IT• Public Water Supply b. r Land Containing Shellfish c.r Prevention of Pollution
I 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
1
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.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:(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
5.1— 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
LAMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5- Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
e.c/y dredged f.c/y dredged
7.f-Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.f Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
I
9.f-Riverfront Area 3105 3105
a.total sq.feet b.total sq.feet
j Sq ft within 100 ft 3105 3105 1277 1277
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.f Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
T square feet b.square feet
c.c/y dredged d.c/y dredged
12.1—Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.f Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.F Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.F Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a square feet b.square feet
c.c/y dredged d.c/y dredged
Page 3 of 10*ELECTRONIC COPY
• i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1588
WPA Form 5-Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
19.G Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.F-Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.f-Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
F- 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 BVW b.square feet of Salt Marsh
23.
r-Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
Page 4 of 10 *ELECTRONIC COPY
1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
MTA Foran 5-Order of Conditions eDEP Transaction#:555351
Massachusetts
ANDOVER
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:"242-1588"
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
JJ
' I
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Foran 5-Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
Ll
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 parry responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal.the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
) 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
I
Massachusetts Department of Environmental Protection Provided by MassDEP:
--� Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#:555351
11 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER
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
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
li� WPA Form 5-Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. 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 2.Citation CHAPTER 178
PROTECTION
BYLAW
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:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1588
WPA Form 5-Order of Conditions eDEP Transaction#:
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:
E. Signatures
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 2 Number o Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
r by hand delivery on P<y certified mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made b certified mail or hand delivery t th
q Y ry o e
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 pp t,i f 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 8 of 9*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
/ WPA Form 5 -Order of Conditions eDEP Transaction#:555351
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:
464 APPLETON STREET 242-1588
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner CLAUDIA DUPUIS
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
. I
DEP FILE #242 - 1588
Therefore, the North Andover Conservation Commission(hereafter the "NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following_conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a six-lot subdivision, including a 600-foot
roadway with a cul-de-sac, six homes, the installation of stormwater management
infrastructure (for the entire subdivision including individual house lots),
underground utilities, and associated clearing, grading and landscaping portions of
which are within Riverfront Area and the Buffer Zones to Isolated Vegetated Wetland
(IVW) and 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: Charles Carroll
North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Notice of Intent
prepared by: Philip Christiansen
Christiansen&Sergi, Inc. (CSI)
160 Summer Street
Haverhill, MA 01830
Dated: March 2013
Site Plans prepared by: Christiansen&Sergi, Inc.
Title: Definitive P.R.D. Subdivision Plan for
Regency Place in
North Andover, MA
Sheets: 7 of 12 Site Grading Plan
9 of 12 Erosion &Sedimentation Control Plan
10 of 12 Construction Details 1
11 of 12 Construction Details 2
12 of 12 Construction Details 3
Last Revised: 4/4/13
Stamped by: Philip G. Christiansen, P.E.
242-1588,464 Appleton Street subdivision 1 NACC 5/10/2013
DEP FILE #242 - 1588
Stormwater Management
Report prepared by: Christiansen_&Sergi, Inc.
Last revised: March 12, 2013
Stormwater Review: Lisa Eggleston
Eggleston Environmental
32 Old Framingham Road, Unit#29
Sudbury, MA 01776
Review letters dated: January 29 and March 27, 2013;
Response letters from CSI dated:
February 27&March 12, 2013
Operation &Maintenance
Plan prepared by: Christiansen&Sergi, Inc.
Title: Pollution Prevention and Operation and
Maintenance Plan
Last Revised: March 12,2012
Other Record Documents: Riverfront Alternative Analysis
Dated: March 29,2013
Plan Titled: Riverfront Analysis
Prepared by: Christiansen &Sergi, Inc.
Stamped by: Philip G. Christiansen, P.E.
Dated: March 28, 2013 (2 sheets)
Riverfront Impact Analysis
Dated: April 10, 2013
Plans: Figures A-D
Last Revised: April 24,2013
Prepared by: Christiansen&Sergi, Inc.
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.
242-1588,464 Appleton Street subdivision 2 NACC 5/10/2013
DEP FILE#242 - 1588
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
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. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Isolated and Bordering Vegetated Wetland (IVW/BVW), Riverfront Area 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.
242-1588,464 Appleton Street subdivision 3 NACC 5/10/2013
DEP FILE #242 - 1588
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein and approved in the ORAD
issued under DEP File #242-1556.
Mean Annual High Water of Mosquito Brook (downstream of Blue Ridge Road) is
only shown on Riverfront Analysis Plans Figures A-D referenced herein. Mean High
Water Delineation will be added to the as-built plan prior to the issuance of a
Certificate of Compliance (COC).
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 fifty foot 50') No-Construction Zone shall be established from
the edge of Bordering Vegetated Wetland (BVW), Inland Bank and Isolated Vegetated
Wetland. The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance
zone. (See Section 3.2 &Appendix F of the local Regulations).
r--
35. f T he NACC.findis the.applicant`s proposal!for restoration of'the:stream:flow through
four box culverts (two of which are i paired);under,Blue Ridge,Road and the?
i'nstal'lation of improved storm,water management(in B'llue,Raedge�R�oadl) as.shown on
the herein referenced Plan,,to;be adiequate�mitigation and improvements to the
Riverfront of Mosquito Brook.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
38. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
242-1588,464 Appleton Street subdivision 4 NACC 5/10/2013
DEP FILE#242 - 1588
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
40. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
41. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1588."
42. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of all
sedimentation/erosion control measures, g
clearing, grading, P avin , restoration
planting and all other site work through final stabilization.
45. A construction sequence for the restoration of stream flow through two blocked
culverts will be submitted to the Conservation Department prior to the start of this
242=1588,464 Appleton Street subdivision 5 NACC 5/10/2013
DEP FILE #242 - 1588
work. Work will include removal of sediment from the two blocked culverts as well as
any impediments to flow (sediment berms, etc.). Proper erosion control and
restoration will be installed/.-completed as necessary.
46. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with 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.
47. Erosion control measures as detailed in the Erosion and Sedimentation Control Plan
(Sheet 9 of 12) shall be placed between all construction areas and wetlands. The
erosion control barriers and erosion control.measures will be properly installed and
placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC or its agent prior to the start of construction and shall
remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC,they shall be installed within 48 hours of the Commission's
request.
48. Erosion controls shall serve as the limits of clearing on all lots on which it is located.
The Conservation Department shall approve the erosion control location at the pre-
construction meeting.
49. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales or
equivalent length of straw wattle. Said bales/wattles shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
50. A check payable to the Town of North Andover shall be provided in the amount of
$30,000 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
242-1588,464 Appleton Street subdivision 6 NACC 5/10/2013
DEP FILE#242 - 1588
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project;provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
51. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1) lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
52. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes..The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
53. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report (with photos) from the "Erosion Control Monitor" to the NACC certifying that;
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
54. Prior to construction,the applicant shall permanently mark the edge of the "25' No-
e" on all delineated wetlands with signs or markers spaced evenly
Disturbance Zone"' g
every 30 feet incorporating the following text: Protected Wetland Resource Area"
and the associated rules (1 square for every 3 round markers). These markers will
he resource area and assure no further inadvertent
designate the sensitivity of t
� Y
encroachment into the wetland. Thesep ermanent markers are subject to review and
242-1588 464 Appleton Street
subdivision 7 NACC 5/10/2013
DEP FILE #242 - 1588
approval by the NACC. The applicant shall instruct all agents to explain these
markers to buyers/lessees/landscapers and all-persons taking over the property from
the applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2 round and
$3 square).
55. 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.
56. 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
57. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Standards, and as
approved by the NACC in this Order of Conditions.
58. Individual rain gardens are proposed on Lots 3 and 4. Any modifications of the design
will be subject to approval by the NACC.
59. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and
242-1588,464 Appleton Street subdivision 8 NACC 5/10/2013
DEP FILE#242 - 1588
incorporated in the Order of Conditions. Evidence of maintenance of the stormwater
management system shall be provided to the NACC on an annual basis by a
Registered Professional Civil Engineer. The first report shall be submitted to the
NACC oneY ear after the first stormwater structure goes on-line and annual reports
must continue to be submitted until a COC is obtained. Maintenance bills submitted
by cleaning contractors (catch basins, stormcepters, etc.) shall be submitted with
annual engineering reports. Following the issuance of a COC Stormwater
Management System Inspection Logs (as provided in the O&M Plan) and/or proof of
annual maintenance activities for all stormwater structures and activities shall be
maintained for a prior 5 year period and shall be available upon request for review by
the NACC or its agent in perpetuity.
60. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six
(6) inches. The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater structures.
61. 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.
62. 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.
63. Stormwater infiltration basins shall not be used for snow stockpiling. No-Salt/No-
Snow Stockpiling signs shall be placed at the infiltration basins and shall be
maintained in perpetuity.
64. The applicants, homeowners, and their successors and assignees, shall maintain all
drainage structures, including bioretention areas,rain gardens,infiltration basins,
grassed swales, drainage channels and other elements of the drainage system, unless
put into an easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas,and shall maintain the integrity of vegetative cover on the
site.
SUBDIVISION LOT DEVELOPMENT
242-1588,464 Appleton Street subdivision 9 NACC 5/10/2013
DEP FILE #242 - 1588
65. Information was presented on individual lot development to address stormwater
management design and lot development feasibility. Individual lot development
within jurisdiction of the NACC must be presented as new Notices of Intent (NOI).
66. The NACC shall be notified in writing of any lot line or number changes with a copy
of a plan showing these changes prior to any work on these lots.
DURING CONSTRUCTION
J
67. Upon beginning work, the applicant shall submit written monthly progress reports
detailingwhat work has been done in or near resource areas,s, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
68. De-watering activities are not proposed. No discharge of water is allowed directly
into an area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland Bylaw. If emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the Commission for approval,which
provides for the pumped water to be contained in a settling basin,to reduce
turbidity prior to discharge into a resource area.
69. 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.
70. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and matted. All disturbed areas must be graded, loamed and
seeded prior to November 1St of each year. Outside of the growing season,exposed
soil finish grade surfaces shall be stabilized with jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty (30) days, unless approved by the NACC.
71. 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.
72. There shall be no stockpiling of soil or other materials within fifty (50)feet of any
resource area. Stockpile areas are designated on Plan Sheet 9 of 12. Changes in
stockpile location shall be approved by the Conservation Department.
73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage e s ste
g system, or wetland resource area. Truck washing shall not occur within
242-1588,464 Appleton Street subdivision 10 NACC 5/10/2013
DEP FILE#242 - 1588
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
74. 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.
75. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
76. 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 Ell
77. 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.
ase low-nitrogen
� e shall be slow release,78. Fertilizers utilized for landscaping and lawn car g
o area. Pesticides and
types < 5/o and shall not be used within 25 feet of a resource ar
YP ( )
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 Towns Wetland Protection ByLaw and
shall remain in perpetuity.
79. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
80. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed un-vegetated areas shall be
seeded.
242-1588,464 Appleton Street subdivision 11 NACC 5/10/2013
DEP PILE #242 - 1588
81. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
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 any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
82. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
242-1588,464 Appleton Street subdivision 12 NACC 5/10/2013
DEP FILE#242 - 1588
locations approved under DEP# 242-1588. Future work within 100' of
existing wetland resource areas will require a separate filing with the
NACC. The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local BY Law;
➢ Resource Area Markers (Condition #54);
➢ Stormwater Management System Maintenance (Condition#59);
➢ No-snow Stockpiling/No-Salt Signs (Condition#63);
➢ Discharge or spillage of pollutants (Condition#76);
➢ Prohibition of underground fuels (Condition#77);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#78).
➢ "Stormwater Operations and Management Plan", including Best
Management Practices attached. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
242-1588,464 Appleton Street subdivision 13 NACC 5/10/2013
DEP FILE #242 - 1588
APPENDIX A-AFFIDAVTI'
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. 1 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)
242-1588,464 Appleton Street subdivision 14 NACC 5/10/2013
. 1
Section VIII: Pollution Prevention and
Operation and Maintenance Plan
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan i
Revised March 12, 2013
1.0 OWNERSHIP AND RESPONSIBILITY
1.1 Stormwater Management System Owners I
The owners of the land (North Andover Realty Trust, and any successors) on
which the stormwater management systems are located shall be the owners
of the systems. If and when the Town of North Andover accepts the
roadway, utilities, and easements, the town shall own the stormwater
management system components that lie within the roadway right-of-way
and drainage easements.
1.2 Parties Responsible for Operation and Maintenance: I
The general contractor of the project shall be responsible for the operation
and maintenance of the stormwater management systems during j
construction.
i
Upon completion of the project, the owner of each lot will be responsible for
the operation and maintenance of the roof runoff infiltration area on his/her
lot. The owner of each lot will also be responsible for the operation and
maintenance of the grass swale and driveway culvert on and in front of
his/her lot. The owner of Lot 3 will be responsible for the maintenance of i
Infiltration Basin C. The owner of Lot 4 will be responsible for the
maintenance of Infiltration Basin D. The Homeowners Association will be
responsible for the maintenance of Infiltration Basins A and B.
The developer shall clearly outline the maintenance requirements to the
buyers prior to the time of purchase. If and when the Town of North Andover
accepts the roadway; utilities, and easements, the Town will be responsible
for the operation and maintenance of the stormwater management system
components that lie within the roadway right-of-way. i
i
i
Regency Place
North Andover,-Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.0 IDENTIFICATION OF POTENTIAL STORMWATER POLLUTANTS
The purpose of this section is to identify pollutants that could impact storm water
during the construction of this project.
2.1 Significant Material Inventory
Pollutants that result from clearing, grading, excavation and building
materials that have the potential to be present in storm water runoff are listed
in Table 1. This table includes information regarding material type, chemical
and physical description and the specific regulated storm water pollutants
associated with each material.
2.2 Potential Areas for Storm Water Contamination
The following potential source areas of storm water contamination were
identified and evaluated:
Cleared and graded areas;
0 Asphalt roadway and driveway construction; ,
Building construction;
® Construction site entrance;
® Tree removal areas;
® All undisturbed areas.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
Table I
Potential Construction Site Storm Water Pollutants
TRADENAME
Piy '
STORM:WATE "I
MATERIAL''
. 0-
ESCRI.lPTl0NII..I - T-ANTS.
Pesticides ides, Various colored to colorless
- -
Chlorinated hydrocarbons,
fungicides, herbicides, liquid, powder, pellets, or organophosphates,
rodenticides)
grains carbamates,arsenic
Fertilizer Liquid or solid grains Nitrogen,phosphorous
Plaster White granules of powder Calcium sulphate,calcium
carbonate,sulfuric acid
�hlo(36thylene,menthylene
Colorless,blue or yellow-green
Cleaning Solvents
liquids chloride,trichloroethylene,
petroleum distillates
Bituminous Asphalt
distillates
Concrete
White solid Limestone,sand
Glue,adhesives White oryellow liquid
Polymers,epoxies
----MIee—tal—oxides,Stoddard solv-e-nt—, -
Paints Various colored liquidI.
talc,calcium carbonate,arseni�c
...._..9.. ..._p_..__._.... .._. ........ ...............
urincomoun
Creamy white' Naphtha
Wastewater-from- -construction- - '- "
Water Soil,oil and grease,solids
equipment washing_
Stoddard solvent,petroleum distillates,arsenic,copper,
Wood preservatives Clear,amber or dark brown liquid :
chromium
y petroleum
Mineral oil
Hydraulic oil/fluids Brow
oil
hydrocarbon
T" 6i'u" ,
I`
Gasoline Colorless,pale brown or pink enzene,ethyl benzene,
petroleum hydrocarbon xylene,MTBE
Diesel Fuel I Clear,blue-green to yellow liquid I Petroleum distillates,oil and
grease,naphthalene,xylenes
Coal oil, petroleum distillates
hydrocarbon
Kerosene Pale yellow liquid petroleum
•
Antifreeze/coolant Clear green/yellow liquid Ethylene glycol,propylene glycol,
heavy metals(copper, lead,zinc
Erosion Soil,sediment
Data obtained from MSDSs when available.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
Table 3
BEST MANAGEMENT PRACTICE MAINTENANCE
QDRAINAGETYPE
ANAGEIVIE.-D, AREASY—
YZ
k1fW_ CONTROL
Built up sediment will be removed from in front of the barrier 1
j r when it has reached 6 inches in depth.
Siltation Fence
Silt fences and silt socks will be inspected for depth of
and Staked Construction
Haybales,Silt i
All f Phase sediment,for tears,to see if the fabric is securely attached to
Socks
the fence posts,and to see that fence posts are securely in i
I
the ground.
............ ------ ........... ........................... J
The paved street adjacent to the site entrance will be swept
daily to remove excess mud,dirt,or rock tracked from the
site.
Stabilized Dump trucks hauling material from the construction site are
Construction 1 Construction i to have their payload covered with a tarpaulin.
Entrance Phase The stabilized construction entrance will be inspected for
sediment tracked on the road,for clean gravel,and to make
sure that the culvert beneath the entrance is working and that i
all traffic use the stabilized entrance when leaving the site.
Influent points to the infiltration basins will be stabilized with
rip-rap and/or crushed stone to avoid washout.
To the extent practical,cleared and graded soils will be
sloped to the infiltration basins or contributing drainage swale
system.
Adjacent disturbed areas are to be brought to final finished
grade and stabilized. Bare ground that can not be
permanently stabilized within 30 days shall be stabilized with
mulch,hay or jute mats.
The infiltration basin will be inspected for sediment and all
Construction built up sediment will be removed upon identification.
Infiltration1,2 Phase& Remove sediment from the basin as necessary,but wait
Basins Permanent until the floor of the basin is thoroughly dry.
Use light equipment to remove the top layer so as to not
compact the underlying soil.
Deeply till the remaining soil,and re-vegetate as soon as
possible.
At least twice a year, mow the buffer area,side slopes,and
basin bottom.Remove grass clippings
and accumulated organic matter to prevent an impervious
organic mat from forming.Remove trash and debris at the
same time.Use deep tilling to break up clogged surfaces,
and re-vegetate immediately.
Inspect units four(4)times per year and at the end of the
I Permanent
sp
foliage and snow removal seasons.
Stormceptor -Sediment shall be removed four(4)times per year or
i
wi�S whenever� er the depth of sediment is greater than or equal to
i
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
one half the depth from the bottom of the invert of the lowest I
Stormceptor pipe in the basin. Removal should be completed with either a
(cont.) i i clamshell bucket or vacuum truck,a vacuum truck is the
j preferred method for removal.
i -Inspect units four(4)times per year and at the end of the
foliage and snow removal seasons.
-Sediment shall be removed four(4)times per year or
Deep Sump whenever the depth of sediment is greater than or equal to i
Catch Basins Permanent ? one half the depth from the bottom of the invert of the lowest
i pipe in the basin. Removal should be completed with either a
I clamshell bucket or vacuum truck,a vacuum truck is the
ii preferred method for removal.
i
i - Inspect infiltration systems after every major storm
Roof Runoff All 1 Permanent in the first few months after construction to ensure
Infiltration proper stabilization,and function. Thereafter,
Systems inspect annually. Perform repairs as necessary.
J
i
2.6 Construction Practices to Minimize Storm Water Contamination
All waste materials will be collected and stored in a securely lidded metal
dumpster rented through a reputable, licensed solid waste management
company. The dumpster is to be located outside the buffer zone to resource
areas on site. All trash and construction debris from the site will be
deposited in the dumpster. The dumpster will be emptied a minimum of
twice per week and the trash disposed of in accordance with all local, state
and federal regulations. All personnel will be instructed regarding the correct
procedure for waste disposal. All sanitary waste will be collected from the
portable units a minimum of three times per week by a licensed sanitary
waste management contractor. Good housekeeping and spill control
practices will be followed during construction to minimize storm water
contamination from petroleum products, fertilizers, paints and concrete.
Good housekeeping practices are listed below:
2.6.1 A stabilized construction entrance will be constructed at the
curb cut in Blue Ridge Road to reduce vehicle tracking of j
sediments.
2.6.2 The,paved street adjacent to the site entrance will be swept as
necessary to remove excess mud, dirt, or rock tracked from the
site.
2.6.3 Dump'trucks hauling material from the construction site are to
have their payload covered with a tarpaulin.
2.6.4 All ruts caused by equipment used for cutting and removing of
trees will be graded and re-vegetated.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
Table 2 presents site specific information regarding storm water pollution potential
for each of these areas.
Table 2
Locations of Potential.Sources of Storm Water Contamination
„ .. �s• 1' -tib f !��`.Ki�r� �. 'r y .. .. t y .`-j
FWATERCONTAMINATIONp DRAINAGE i j POTENTIAL x"#�I?0TENTI{1LyPROBLEMS, d
AS POLLUTANTS i
_ �...
i Erosion of soils from cleared and
Cleared and graded areas i All Soil erosion,fertilizer, i graded areas have the potential to j
pesticides discharge into protected resource
i areas i
Leaking hydraulic oil and antifreeze
i from clearing,grading and asphalt
i application construction equipment.
Asphalt roads and ; Asphalt,hydraulic oil, Gasoline and diesel fuel spills I
driveways and All gasoline,antifreeze,soil while fueling construction ;
erosion,fertilizer, equipment,and erosion of exposed
construction site entrance j pesticides and stock soils.
P stockpiled Asphalt
chemicals can be released to
storm water if a rain event occurs
i
... before curing is_complete.
__...._. ...._. _._....... ..___.._. ._...._,........__........_ ._..__._, ._. __..._._._..... ...._.... __............_.-...._.-...-...
Plaster,cleaning Accidental spills of paints and
solvents,asphalt, cleaning solvents, leaking hydraulic
concrete,paints, oil and antifreeze from construction
hydraulic oil,gasoline, equipment,gasoline and diesel fuel
Building construction All antifreeze,soil erosion, spills while fueling construction
fertilizer,pesticides, equipment,erosion of exposed and
! i glue/adhesives,curing stockpiled soils,and degradation of
compounds,wood scrap dry wall can potentially I
resenratives kerosene contaminate storm water.
Soil erosion,fertilizer, j Ruts caused by logging equipment
Tree removal areas All pesticides can fill with water,preventing
.......__-._.-..�....._._...._._.._---..._......_�_............ .. ._.-..� ._..__ ...:.._..... ..__....._.._......_....._._.:.._.___.--complete re-vegetationw._.... ._
s f No stormwater related issues with `
All undisturbed areas All None
completely vegetated areas. ;
2.3: Summary of Available Storm Water Sampling Data
.,.No storm water sampling data is available for this site.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan i
Revised March 12, 2013
STORMWATER MANAGEMENT CONTROLS
The purpose of this section is to identify the types of temporary and permanent
erosion and sediment controls that will be used during construction activities. The
controls will provide soil stabilization for disturbed areas and structural controls to
divert runoff and remove sediment. This section will also address control of other
potential storm water pollutant sources such as construction materials (paints,
concrete dust, solvents, and plaster), waste disposal, control of vehicle traffic, and
sanitary waste disposal.
2.4 Temporary and Permanent Erosion Control Practices
A list of best management practices (BMPs) is included as Table 3; a number
of the BMPs listed have been developed to serve as post-construction storm
water controls.
2.5 Site Wide Control Measures
To prevent soil from washing into adjacent resource areas the following
BMPs will be implemented:
2.5.1 Silt socks, silt fence, and/or straw hay bale barriers will be
placed along the perimeter of the area to be cleared and
graded before any clearing or grading takes place.
2.5.2 Check dams shall be installed above the upgradient end of all
driveway culverts as soon as the drainage swales are brought
to rough grade.
2.5.3 Influent.points to the infiltration basins will be stabilized with rip-
rap to avoid washout. Check dams shall be installed below the
rip-rap.
2.5.4 To the extent practical, all cleared and graded soils will be
sloped to the roadway drainage swales. Disturbed areas are to j
be brou'ght to final finished grade and stabilized. Bare ground
that can not be permanently stabilized within 30 days shall be
stabilized with mulch, hay or jute mats.
2.5.5 Soil stockpiles are to be surrounded by silt fencing, and shall be i
covered with erosion control blanket or stabilized with
vegetation if they are to remain for periods greater than 14
days.
i
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.6.5 Fertilizers will be applied only in the minimum amounts
recommended by the manufacturer.
2.6.6 Fertilizers will be worked into the soil to limit exposure to storm
water.
2.6.7 Fertilizers will be stored in a covered shed and partially used
bags will be transferred to a sealable bin to avoid spills.
2.6.8 All vehicles on site will be monitored for leaks and receive
regular preventative maintenance to reduce the chance of
leakage.
2.6.9 Petroleum products will be stored in tightly sealed containers
which are clearly labeled.
2.6.10 Spill kits will be included with all fueling sources and
maintenance activities.
2.6.11 Any asphalt substances used on-site will be applied according
to the manufacturer's recommendation.
2.6.12 Sanitary waste will be collected from portable units a minimum
of three times a week to avoid overfilling.
2.6.13 A covered dumpster will be used for all waste materials.
2.6.14 All paint containers and curing compounds will be tightly sealed
and stored when not in use. Excess paint will not be
discharged into the storm sewers, but will be properly disposed
of in accordance to the manufacturer's instructions.
2..6.15 Materials and equipment necessary for spill clean up will be
kept in the temporary material storage trailer on-site.
Equipment will include, but not be limited to, brooms, dust
pans, mops, rags, gloves, goggles, kitty litter, sand, saw dust,
and plastic and metal trash containers.
2.6.16 Spray guns will be cleaned on a removable tarp.
2.6.17 All spills.Will be cleaned up upon discovery. Spills large enough
to reach the storm water treatment system will be reported to
the engineer, environmental monitor, North Andover
Conservation Commission and the Nation Response Center at
(800) 424-8802.
2.6.18 Concrete trucks will not be allowed to wash out or discharge
surplus concrete or drum wash water on the site.
2.6.19 Form release oil used-for building foundations will be applied
over a pallet covered with an absorbent material to collect
excess fluid. The absorbent material will be replaced and
disposed of properly when saturated.
2.6.20 When testing/cleaning water supply lines, the discharge from
the tested pipe(s)will be collected and conveyed to a
completed section of the storm sewer for discharge into the
sedimentation basin.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.7 Coordination of BMPs with Construction Activities
Structural BMPs will be coordinated with construction activities so the BMP is
in place before construction begins. The following BMPs will be coordinated
with construction activities:
f
2.7.1 The temporary perimeter controls (silt socks or silt fence and
hay bales)will be installed before any clearing and grading
begins. j
2.7.2 Clearing and grading will not occur in an area until it is
necessary for construction to proceed.
2.7.3 The stabilized construction site entrance will be constructed
before clearing and grading begins. j
2.7.4 The infiltration basins will be constructed prior to the
construction of the upstream drainage system.
2.7.5 Once construction activity ceases permanently in an area, that
area will be stabilized with permanent seed and mulch.
2.7.6 After the'entire site is stabilized, the accumulated sediment will
be removed from the sediment basins or other structural BMPs.
2.7.7 The temporary perimeter controls (silt socks, silt fence, and hay
bales)will not be removed until all construction activities at the
site are complete and soils have been stabilized.
3.0 CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE AND
LOCAL REGULATIONS
i
This Operation and Maintenance Plan reflects the storm water management
requirements of the Town of North Andover and the Commonwealth of
Massachusetts, as well as the requirements of the US EPA's National Pollutant
Discharge Elimination System (NPDES) permit. There are no other applicable
State or Federal requirements for sediment and erosion site plans (or permits) or
stormwater management site plans (or permits).
4.0 INSPECTION AND MAINTENANCE OF STORMWATER MANAGEMENT
CONTROLS:
Visual inspections of cleaned and graded areas should be performed weekly(silt
sock/silt fence/ha :bale barriers should be inspected daily b the General
Y P Y Y
Contractor)and within 24 hours of a rainfall event of 0.25 inches or greater. The
inspection will be conducted:by the Erosion Control monitor. The inspection will, at _.
a minimum, verify that the structural BMPS listed in Table 3 of this plan are in good
condition and are effectively minimizing erosion. Any entrapped silt shall be
removed to an area outside of the buffer zone and wetland resource areas; silt i
i
Regency Place
North Andover, Mass.
Pollution Prevention and
operations and Maintenance Plan
Revised March 12, 2013
socks, silt fence, and hay bales shall be replaced as necessary. The inspection will
also verify that the procedures used to prevent storm water contamination from
construction materials and petroleum products are effective.
The maintenance inspection report will be made after each inspection. Copies of
the report forms to be completed by the Erosion Control Monitor are provided in
Appendix C of this report. Completed forms will be maintained on-site during the
entire construction project. Copies of the forms will be sent weekly to the
environmental monitor, design engineer, and North Andover Conservation
Commission. Following construction, the completed forms will be retained at the
general contractor's office for a minimum of one year.
If construction activities or design modifications are made to the site plan which
could impact storm water, this plan will be amended appropriately. The amended
plan will have a description of the new activities that contribute to the increased
pollutant loading and the planned source control activities.
4.1 Construction Phase
4.1.1 Erosion Control shall be inspected and maintained/reinforced
on a daily basis during construction.
4.1.2 Sediment built up along sedimentation barriers will be removed
when it has reached 6 inches in depth.
4.1.3 Sedimentation barriers will be inspected for depth of sediment,
for tears, to see if the fabric is securely attached to the fence
posts,'and to see that fence posts are securely in the ground.
4.1.4 All exposed soil finish surfaces shall be immediately
landscaped and stabilized; or loamed, seeded and mulched
with a layer of mulch hay. Outside of the growing season,
surfaces shall be covered with a layer of mulch hay until climate
conditions allow for seeding.
4.1.5 Immediately upon installation of any catch basin or storm drain,
erosion control devices shall be set and staked around the inlet
to prevent sediment from entering the drainage system prior to
paving. After binder pavement Siltsacks shall be installed in
each catch basin and shall be maintained until all upgradient
contributing areas are stabilized
4.1.6 All stockpile areas are to be covered if they are to remain for
over'14 days, and should have silt fencing staked around the
base.
4.1.7 During construction, all drainage structures shall be cleaned on
an as�needed basis and/or after heavy rainfalls. Prior to the
placement of any impervious materials on site, all drainage
structures, swales, and infiltration basins shall be properly
installed and functional.
I
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
4.1.8 The infiltration areas will be inspected for sediment, and built up
sediment will be removed upon identification. The proposed
infiltration basins are not intended to be used as sedimentation
basins during construction. The check dams in the upgradient
swales shall be the primary sediment traps during construction.
If any sediment builds up in an infiltration basin the affected
area shall be excavated and rebuilt to preserve the infiltrative
capacity of the basin.
4.1.9 During construction (after paving) street sweeping shall be
performed on a monthly basis to remove sediment before it
enters the catch basins and drainage system.
4.1.10 Temporary and permanent seeding will be inspected for bare
spots, washouts, and healthy growth.
4.1.11 The sediment forebay will be inspected for depth of sediment
and built up sediment will be removed when it reaches 6 inches
in depth.
4.2 Post-Construction:
I
The following maintenance schedule for stormwater controls shall be
established in accordance with Table 3 of this plan.
4.2.1 Deep Sump, Hooded Catch Basins & Stormceptor
4.2.1.1 Inspect units four (4) times per year and at the '
end of the foliage and snow removal seasons.
4.2.1.2 Sediment shall be removed four(4)times per
year or whenever the depth of sediment is greater
than or equal to one half the depth from the
bottom of the invert of the lowest pipe in the.
basin. Removal should be completed with either
a clamshell bucket or vacuum truck, a vacuum
truck is the preferred method for removal.
4.2.2 Grassed Swales
4.2.2.1 Inspect the swales twice per year for slope
integrity, soil moisture, vegetative health, soil '
stability, soil compaction, soil erosion, ponding,
and sediment accumulation.
4.2.2.2 Mow channels at least once per month during the
growing season. Do not cut the grass shorter
than three to four inches. Keep grass height
under 6 inches to maintain the design depth
necessary to serve as a conveyance.
4.2.2.3 Remove sediment and debris manually at least
i
u
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
once per year. Re-seed periodically to maintain
the dense growth of grass vegetation.
4.2.3 Infiltration Basins
4.2.3.1 Inspect after every major storm for the first few
months to ensure it is stabilized and functioning
properly and if necessary take corrective action.
Note how long water remains standing in the
basin after a storm; standing water within the
basin 48 to 72 hours after a storm indicates that
the infiltration capacity may have been
overestimated. If the ponding is due to clogging,
immediately address the reasons for the clogging
(such as upland sediment erosion, excessive
compaction of soils, or low spots)
4.2.3.2 Thereafter, inspect the infiltration basin at least
twice per year. Important items to check during
the inspection include:
Signs of differential settlement,
Cracking,
Erosion,
Leakage in the embankments,
Tree growth on the embankments,
Condition of riprap,
Sediment accumulation,
and the health of the turf.
4.2.3.3 At least twice a year, mow the buffer area, side
slopes, and basin bottom. Remove grass
clippings and accumulated organic matter to
prevent an impervious organic mat from forming.
Remove trash and debris at the same time.
4.2.3.4 Remove sediment at inlet once per year or as
needed.
4.2.3.5 Use deep tilling to break up clogged surfaces, and
re-vegetate immediately. Remove sediment from
the basin as necessary, but wait until the floor of
the basin is thoroughly dry. Use light
equipment to
remove the top layer so as to not compact the
underlying soil. Deeply till the remaining soil, and
re-vegetate as soon as possible.
4.2.3.6 Remove sediment from forebay once per year.
C
t
Regency Place j
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013 �.
4.1.8 The infiltration areas will be inspected for sediment, and built up F
sediment will be removed upon identification. The proposed
infiltration basins are not intended to be used as sedimentation
basins during construction. The check dams in the upgradient
swale's shall be the primary sediment traps during construction.
If any sediment builds up in an infiltration basin the affected
area shall be excavated and rebuilt to preserve the infiltrative
capacity of the basin.
4.1.9 During construction (after paving) street sweeping shall be
performed on a monthly basis to remove sediment before it
enters the catch basins and drainage system.
4.1.10 Temporary and permanent seeding will be inspected for bare
spots, washouts, and healthy growth.
4.1.11 The sediment forebay will be inspected for depth of sediment i
and built up sediment will be removed when it reaches 6 inches
in depth.
4.2 Post-Construction:
The following maintenance schedule for stormwater controls shall be
established in accordance with Table 3 of this plan.
4.2.1 Deep Sump, Hooded Catch Basins & Stormceptor
4.2.1.1 Inspect units four (4) times per year and at the
end of the foliage and snow removal seasons.
4.2.1.2 Sediment shall be removed four(4)times per
year or whenever the depth of sediment is greater
than or equal to one half the depth from the
bottom of the invert of the lowest pipe in the.
basin. Removal should be completed with either
a clamshell bucket or vacuum truck, a vacuum
truck is the preferred method for removal.
4.2.2 Grassed Swales
4.2.2.1 Inspect the swales twice per year for slope
integrity, soil moisture, vegetative health, soil
stability, soil compaction, soil erosion, ponding,
and sediment accumulation.
4.2.2.2 Mow channels at least once per month during the
growing season. Do not cut the grass shorter
than three to four inches. Keep grass height
under 6 inches to maintain the design depth
necessary to serve as a conveyance.
4.2.2.3 Remove sediment and debris manually at least
6
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12,2013
4.3 Estimated Operations and Maintenance Budget
Any opinions of probable project cost or probable construction cost provided
by Christiansen & Sergi, Inc. are made on the basis of information available
to Christiansen & Sergi, Inc and on the basis of Christiansen & Sergi, Inc's
experience and qualifications,and represents its judgment as an
experienced and qualified professional engineer. However, since
Christiansen & Sergi, Inc has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods
of determining prices, or over competitive bidding or market conditions,
Christiansen& Sergi, Inc does not guarantee that proposals, bids or actual
project or construction cost will not vary from opinions of probable cost
Christiansen & Sergi, Inc prepares.
4.3.1 Deep Sump, Hooded Catch Basins & Stormceptor(4 times/yr.)
4.3.1.1 Vacuum Truck—2 hr @ $100/hr
4.3.1.2 Disposal - $100
Subtotal - $1,200/year
4.3.2 Infiltration Basins A& B
4.3.2.1 Mowing -4 hrs @ $50/hr(2 times/year)
4.3.2.2 Sediment Removal -2 hrs @ $50/hr(1 time/year)
4.3.2.3 Disposal -$100 (1 time/year)
4.3.2.4 : Deep Tilling— 8 hrs @ $100/hr(once per 10 yrs)
4.3.2.5 Re-vegetation - $500 (once per 10 yrs)
Subtotal - $730/year
4.3.3 Roof Runoff Infiltration Areas
4.3.3.1 Engineer- 8 hr @ $150/hr. (1 time/yr.)
Subtotal -$1,200
Total Annual Estimated Operating Budget: $3,130
It is assumed.that the homeowners will mow and maintain the grass
swales in front of their homes as part of their normal lawn
maintenance, and that the owners of Lots 3 and 4 will mow and
maintain the infiltration basins as part of their normal lawn
maintenance,;so no additional costs are associated with maintaining
these areas.
i
Regency Place i
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
5.0 Illicit Discharge Compliance Statement
No illicit discharges proposed for the project. The stormwater system is j
designed to only receive storm water. Sewage generated in the residences
will be discharged to the sewer system which is separate from the
stormwater system. The stormwater system is not designed to introduce or I
convey to surface or ground waters process wastes, raw materials, toxic
pollutants, hazardous substances, oil or grease. Oils or grease that enters
the system by accident or deliberate illegal disposal will be separated from
the stormwater by the hoods in the catch basins and the Stormceptor.
Discharges that may enter the stormwater system but are not illicit include
firefighting, waterline flushing, landscape irrigation, uncontaminated
groundwater, potable water sources, foundation drains, air conditioning
condensation, footing drains, individual residence car washing, flows from
riparian habitats, and wetlands, de-chlorinated water from swimming pools,
water used for street washing, and water used to clean residential buildings,
driveways, etc.
Recording of this Instrument constitutes agreement by the Owner and
i
Operator of the facility that no stormwater discharges other than those i
outlined on this plan are allowed for this site.
I
I
I
i
i
i
Appendix C
Stormwater Management System Inspection Logs
i
Regency Place
North Andover, Mass.
Pollution Prevention and
i
Operations and Maintenance Plan
January 10, 2013
Inspection and Maintenance Report Form
To be completed every 7 days and within 24 hours of a rainfall event of 0.25 inches or more.
Inspector: Date:
Inspector's Qualifications:
Days since last rainfall: days Amount of last rainfall: in.
Stabilization Measures
I
Drai
La
nage Date of Next ;Stabilized Stabilized N
Area st a:r With f` , Condition�`
Disturbance (Yes/No)
rDisturbance s �,
i (To Blue
Ridge Road , I
&Mosquito
I Brook)
.
I
2
(To
Abandoned
R.R. Right- j
of-Way)
! 3
(To Isolated ;
Wetlands) ! t
i
Stabilization required:
To be performed by: on or before:
I
I
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013
Inspection and Maintenance Report Form
Infiltration Basins
, - '
d
Cond
4T ., ... - i Depth of ap 4 1 1 ordti- VInfiltrationsDep n o a ofBasmj
Standing}.,; 7'SedimVegetative , -Side
A
...........
B
C
D
Maintenance required for sediment basin(s):
To be performed by: On or before:
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013
Stabilized Construction Entrance:
c'h Si
DoersAu 4i6i6t"G_6V*' ic-use the
0
V S eav
Tracked e
e,.i
V j; 'the S
............
Maintenance required for stabilized construction entrance:
To be performed by: On or before:
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013
Inspection and Maintenance Report Form
Perimeter Controls:
Date:
Silt Fence and Hay Bales
Silt If Ilern
U16d v A
earest.,
(To Blue
Ridge Road
&Mosquito 1
...........B.'ro_.o.k.).
...... L ------
2
(To
Abandoned
R.R. Right-
of-Way)
3
(To Isolated
Wetlands)
Maintenance required for silt fence and hay bales:
To be performed by: —On or before:
i
I
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013
Operation and Maintenance Log Form
BMP Maintenance:
Date:
Stormwater BMPs
Wfor ti
S,
CB's , i I 3 R
Depth of . Depth',toT` Rte; . Cleaning Receipt
Structures` °� , t �` or � ,+ `x
Sump Sediment { Required�t Number_t
Stormce or.2,
CB#1 48" i
CB#2 48" 1 I
1 I � t
1[ i
Stormceptor 48" +,
I i
I ;
Additional maintenance required/notes:
I
i
I
i
To be performed by: On or before:
I
I
I
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
.�— Bureau of Resource Protection-Wetlands MassDEP File#:242-1556
WPA Form 411-Order of Resource Area Delineation eDEP Transaction#:471994
Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town-NORTH ANDOVER
A.General Information
1.Conservation Commission NORTH ANDOVER
2.This Issuance is for(Check one):
a. r Order of Resource Area Delineation
b. M, Amended Order of Resource Area Delineation
3.Applicant Details
a.First Name CHARLES b.Last Name CARROLL
c.Organization NORTH ANDOVER REALTY GROUP
d.Mailing Address 66 SPRING HILL ROAD
e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845
4.Property Owner(if different from applicant):
a.First Name ANNA b.Last Name TYMVAKIEWIZ
c.Organization
d.Mailing Address 464 APPLETON STREET
e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845
5.Project Location
a.Street Address 464 APPELTON STREET
b.City/Town NORTH ANDOVER C.Zip 01845
d.Assessors Map/Plat# 65 e.Parcel/Lot# 8,9&55
f.Latitude 42.67091N g.Longitude 71.08154W
6.Dates
a.Date ANRAD Filed 4/30/2012 b.Date Public Hearing Closed 5/9/2012 c.Date Of Issuance 5/15/2012
7.Final Approved Plans and Other Documents
Plan Title Plan Prepared By Plan Signed By Plan Final Plan
Date Scale
ANRAD PLAN FOR 464 CHRISTIANSEN&SERGI, PHILIP G.CHRISTIANSEN, 05/09/2012 1"=40'
APPLETON STREET INC. P.E.
B. Order of Delineation
1.The Conservation Commission has determined the following(check whichever is applicable)
a. (✓i Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area
Delineation are accurately drawn for the following resource area(s):
1. F-Bordering Vegetated Wetlands
2. r Other resource area(s),specifically
a.AI -A43 BORDERING VEGETATED WETLAND(BVW);C1-C8 BVW;D1-D8 BVW;E1-E7 ISOLATED
VEGETATED WETLAND(IVW);Fl-F8 NW;G1-G5 AND Hl -H5 BANK OF PERENNIAL STREAM(MOSQUITO
BROOK);BLSF ASSOCIATED WITH MOSQUITO BROOK ON AT BLUE RIDGE ROAD.BLSF IN A/B SERIES
WETLAND AND B-SERIES BVW FLAGS NOT CONFIRMED.
b. r+Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission from the
plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s):
Page 1 of 3 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1556
'w
WPA Form 413-Order of resource Area Delineation eDEP Transaction#:471994
Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 Cityffown:NORTH ANDOVER
1. ri Bordering Vegetated Wetlands
2. 1—'.Other resource area(s),specifically
a.
c. F]Inaccurate::The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation
were found to be inaccurate and cannot be confirmed for the following resource area(s):
1. r-1 Bordering Vegetated Wetlands
2. I-'Other resource area(s),specifically
a.
3.The boundaries were determined to be inaccurate because:
C.Findings
This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above,have been delineated
and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L.c.131,S 40)and its regulations(3 10 CMR 10.00).This Order does not,however,determine the boundaries of any resource
area or Buffer Zone to any resource area not specifically noted above,regardless of whether such boundaries are contained on the
plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation.This Order must be signed by a majority of
the Conservation Commission.The Order must be sent 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 DEP Regional Office(see
http://www.mass.gov/dep/about/region/fmdyour.htm).
D.Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional
Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area
Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.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 of Resource
Area Delineation 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 Determination,or providing written information to the Department prior to issuance of a
Superseding Order or Determination.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,S 40)and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a
municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental
Protection has no appellate jurisdiction.
Page 2 of 3 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1556
MassDEP File Number
WPA Fora 4B - order of Resource Area
Ll Delineation eDEP Transaction Number
North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
E. Signatures
Date of Issuance
Please_indicate OepAjmber of members who will sign this for 1. Number of signers
Sig ature of Conser atio Co�a�iss n e er ig ture of Conservation Commission Member
_
JOY
Sign t f onserva o Commission Member Signature of Conservation Commission Member
Sig Lure ofA onse tion Commission Member Signature of Conservation Commission Member
Signature of Conservation Commission Member
This Order is valid for three years from the date of issuance.
If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend
the issuance date of the original Final Order, which expires on unless extended in writing by
the issuing authority.
This Order is issued to the applicant and the property owner(if different) as follows:
2.❑ By hand delivery on 3.[']'EBy certified mail, return receipt requested on
a. Date a.Date
wpaform4b.doc•rev.12/23/09 WPA 413,Order of Resource Area Delineation•Page 4 of 4
moi/ y
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
r� Phone Number Fax Number(if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$100.00(single family house projects)or$200(all other projects),
payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform4b.doc Request for Departmental Action Fee Transmittal Form•Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www.mass.gov/dep/about/region/findyour htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform4b.doc Request for Departmental Action Fee Transmittal Form•Page 2 of 2
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
VVPA Form 5-Order of Conditions eDEP Transaction#:709688
r
t� 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. r OOC b.r Amended OOC
3.Applicant Details
a.First Name CHARLES b.Last Name CARROLL
c.Organization NORTH ANDOVER REALTY CORP
d.Mailing Address 66 SPRING HILL ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4. Property Owner
a.First Name . CHARLES b.Last Name CARROLL
c.Organization NORTH ANDOVER REALTY CORP(LOTS 8,9&55)
d.Mailing Address 66 SPRING HILL ROAD.
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 464 APPLETON STREET
b.Cityfrown NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 65 e.Parcel/Lot# 7,8,9&55
f.Latitude 42.67058N g.Longitude 71.08096W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 6952 319
NORTHERN ESSEX 13433 63
7.Dates
a.Date NOI Filed: 3/15/2013 b.Date Public Hearing Closed: 1/14/2015 c.Date Of Issuance: 1/15/2015
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:
DEFINITIVE P.R.D.-
REGENCY PLACE ANDOVER
MODIFIED CONSULTANTS,INC. DENNIS A.GRIECCI,P.E. December 16,2014 1"=40'
SUBDIVISION
PLAN
Page 1 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
MTA Form 5-Order of Conditions eDEP Transaction#:709688
1 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
1
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. Public Water Supply 4_ b. C Land Containing Shellfish cT-11-Prevention of Pollution j
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 lntent,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:(ForApprovals 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
Massachusetts Department of Environmental Protection Provided by MassDEP.
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
MTA Form 5 - Order of Conditions eDEP Transaction#:709688
Massachusetts Wetlands Protection Act M.G.L.c. 131,:§40 City/Town.-NORTH ANDOVER
e.c/y dredged f.c/y dredged
7.C'Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.G Isolated Land Subject to Flooding
a.square feet b.square feet ...
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.F Riverfront Area 3105 3105:
a.total sq.feet b.total sq.feet
Sq ft within 100 ft 3105 3105 1277 1277
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
i
10.C Designated Port Areas Indicate.size under Land Under the Ocean,below
11.r Land Under the Ocean
.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.1-Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.C Coastal Banks
a.linear feet b.linear feet
j16.F"Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#:709688
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
19.C Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r+Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
F 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.
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 fmal until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
Page 4 of 10*ELECTRONIC COPY
,t
LlCitMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection Wetlands MassDEP File#:242-1588
WPA Form 5-Order of Conditions eDEP Transaction#:709688
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
y/Town:NORTH ANDOVER
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 underthe 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:"242-1588"
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#242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#: 09688
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town-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 stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved 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 properly 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 parry to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
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:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#:709688
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
stonnwater 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
Ll Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions : eDEP Transaction#:709688
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town.-
NORTH ANDOVERER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
L Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Commission hereby(check one that applies
a. C 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. -
r APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTECTION
BYLAW
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 Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
MTA Form 5 - Order Of Conditions eDEP Transaction#:709688
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
E. Signatures
i
This Order is valid for three years from the date of issuance,unless otherwise specified 5/10/2013
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date(oOrigina l Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by
a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also.must be mailed
or hand delivered at the same time to the appropriate Department.of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
i
F by hand delivery on Vy ce tfied mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
j 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
Massachusetts,Department of Environmental Protection Provided by MassDEP:
- Bureau of Resource Protection Wetlands MassDEP File#:242-1588
WPA Form 5-Order of Conditions eDEP Transaction#:709688
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:
464 APPLETON STREET 242-1588
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of.
County Book Page
for:.
Property Owner CHARLES CARROLL
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
r
. 1
DEP FILE # 242- 1588 (AMENDED)
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 amended proposal includes: construction of an eight-lot subdivision (amended
from six), including a 820-foot roadway (amended from 600)with a cul-de-sac, eight
homes(amended from six),the installation of stormwater management infrastructure
(for the entire subdivision including structures on individual house lots),underground
utilities, and associated clearing, grading and landscaping portions of which are
within Riverfront Area and the Buffer Zones to Isolated Vegetated Wetland (IVW) and
Bordering Vegetated Wetland (BVW). Proposed increases resulting from the
amendment are an additional 4,190 s.f. of impervious area (roadway and driveway)
and 9,950 s.f. of landscaping and grading within the 100-foot Buffer Zone to IVW (local
jurisdiction only). Additional open space is also part of the project.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
I
Applicant: Charles Carroll
North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Notice of Intent
prepared by: Philip Christiansen
Christiansen &Sergi, Inc. (CSI)
160 Summer Street
Haverhill, MA 01830
Dated: March 2013
Site Plans prepared by: Christiansen&Sergi, Inc.
Title: Definitive P.R.D. Subdivision Plan for
Regency Place in
North Andover, MA
Sheets: 7 of 12 Site Grading Plan
9 of 12 Erosion&Sedimentation Control Plan
10 of 12 Construction Details 1
11 of 12 Construction Details 2
12 of 12 Construction Details 3
242-1588,464 Appleton Street subdivision-AMENDED 1 NACC 1/15/2015
,
DEP FILE #242— 1588 (AMENDED)
Last Revised:4/4/13
Stamped by: Philip G. Christiansen, P.E.
Amended Plan Sheets
Prepared By: Andover Consultants, Inc.
1 East River Place
Methuen, Mass 01844
Title: Definitive P.R.D. -Regency Place Modified
Subdivision Plan North Andover, Mass
Sheets 1-7
Last Revised: December 16, 2014
Stamped by: Dennis A. Griecci, P.E.
Stormwater Management
Report prepared by: Christiansen&Sergi, Inc.
Last revised: March 12, 2013
Amended Stormwater Management
Report prepared by: Andover Consultants; Inca
Date: November 13, 2014
Stormwater Review: Lisa Eggleston
Eggleston Environmental
32 Old Framingham Road, Unit#29
Sudbury, MA 01776
Review letters dated: January 29 and March 27, 2013;
Response letters from CSI dated:
February 27 & March 12, 2013
Lisa Eggleston, Eggleston Environmental
Review Letter dated: November 24, 2014
Response Letter from
Andover Consultants dated: November 25, 2014
Email Eggleston Environmental: December 15,2014
Operation& Maintenance
Plan prepared by: Christiansen&Sergi, Inc.
Title: Pollution Prevention and Operation and
Maintenance Plan
Last Revised: March 12, 2012
Pollution Prevention and Operation and Maintenance Plan,
Inspection and Maintenance Report Form,Crushed Stone
Infiltration Trench w/ Peastone Check Dams (Lot 8)
Date: January 7, 2015
242-1588,464 Appleton Street subdivision-AMENDED 2 NACC 1/15/2015
DEP FILE #242—1588 (AMENDED)
Other Record Documents: Riverfront Alternative Analysis
Dated: March 29, 2013
Plan Titled: Riverfront Analysis
Prepared by: Christiansen &Sergi, Inc.
Stamped by: Philip G. Christiansen, P.E.
Dated: March 28,2013 (2 sheets)
Riverfront Impact Analysis
Dated: April 10, 2013
Plans: Figures A-D
Last Revised: April 24,2013
Prepared by: Christiansen&Sergi,Inc.
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.
242-1588,464 Appleton Street subdivision-AMENDED 3 NACC 1/15/2015
DEP FILE #242—1588 (AMENDED)
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 thin
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. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Isolated and Bordering Vegetated Wetland (IVW/BVW), Riverfront Area 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.
33. The NACC agrees with the applicant's delineation of the wetland resource areas.on
the site as shown on the plans dated referenced herein and approved in the ORAD
issued under DEP File #242-1556.
Mean Annual High Water of Mosquito Brook (downstream of Blue Ridge Road) is
only shown on Riverfront Analysis Plans Figures A-D referenced herein. Mean High
Water Delineation will be added to the as-built plan prior to the issuance of a
Certificate of Compliance (COC).
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 fifty foot(50') No-Construction Zone shall be established from
the edge of Bordering Vegetated Wetland (BVW), Inland Bank and Isolated Vegetated
Wetland. The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance
zone. (See Section 3.2 &Appendix F of the local Regulations).
242-1588,464 Appleton Street subdivision-AMENDED 4 NACC 1/15/2015
DEP FILE#242— 1588 (AMENDED)
35. The NACC finds the applicant's proposal for restoration of the stream flow through
four box culverts (two of which are impaired) under Blue Ridge Road and the
installation of improved stormwater management(in Blue Ridge Road) as show_ n on
the herein referenced Plan, to be adequate mitigation and improvements to the
Riverfront of Mosquito Brook.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
38. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
40. This Order and attached documents 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
242-1588,464 Appleton Street subdivision-AMENDED 5 NACC 1/15/2015
DEP FILE #242— 1588 (AMENDED)
to commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
41. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1588."
42. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within .
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions.Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site,the applicant shall submit to the.NACC for
approval, a detailed sequence of construction, including the installation of all
sedimentation/erosion control measures, clearing, grading, paving, restoration
planting and all other site work through final stabilization. This sequence shall be
updated to include the additional activities proposed in the amendment.
45, A construction sequence for the restoration of stream flow through two blocked
culverts will be submitted to the Conservation Department prior to the start of this
work. Work will include removal of sediment from the two blocked culverts as well as
any impediments to flow(sediment berms, etc.). Proper erosion control and
restoration will be installed/completed as necessary.
46. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with 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.
47. Erosion control measures as detailed in the Erosion and Sedimentation Control Plan
(Sheet 9 of 12 and Sheets 6 & 7 of the amended site plans) shall be placed between all
242-1588,464 Appleton Street subdivision-AMENDED 6 NACC 1/15/2015
DEP FILE #242- 1588 (AMENDED)
construction areas and wetlands. The erosion control barriers and erosion control
measures will be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC or its agent prior
to the start of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC,they shall be installed within 48 hours of the
Commissions request.
48. Erosion controls shall serve as the limits of clearing on all lots on which it is located.
The Conservation Department shall approve the erosion control location at the pre-
construction meeting.
49. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales or
equivalent length of straw wattle. Said bales/wattles shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
50. A check payable to the Town of North Andover shall be provided in the amount of
$30,000 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
I ompletion of the project, provided that provisions, satisfactory to the NACC;have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
51. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1) lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
52. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
242-1588,464 Appleton Street subdivision-AMENDED 7 NACC 1/15/2015
DEP FILE #242—1588 (AMENDED)
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
53. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report (with photos) from the "Erosion Control Monitor' to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater(24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
54. Prior to construction, the applicant shall permanently mark the edge of the"25' No
Disturbance Zone" on all delineated wetlands with signs or markers spaced evenly
every 30 feet incorporating the following text: "Protected Wetland Resource Area"
and the associated rules (1 square for every 3 round markers). These markers will
designate the sensitivity of the resource area and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and
approval by the NACC. The applicant shall instruct all agents to explain these
markers to buyers/lessees/landscapers and all persons taking over the property from
the applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department ($2 round and
$3 square).
55. A minimum 2' x 2' stone wall will be established up-gradient of the 25-foot No-
Disturbance Zone. On Lot 8. This wall will remain in perpetuity and will serve as the
limit of clearing on the lot. Protected Wetland Resource Area markers and the
associated rules will be placed on the stone wall.
56. Prior to lot construction in the buffer zone,the owner shall submit a landscape plan
for all buffer zone areas. Landscape plantings within the buffer zone shall be species
native to Essex County.
Y
57. 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
242-1588,464 Appleton Street subdivision-AMENDED 8 NACC 1/15/2015
DEP FILE#242.—1588 (AMENDED)
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.
58. 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
59. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Standards, and as
approved by the NACC in this Order of Conditions.
60. Individual rain gardens are proposed on Lots 3A and 4A and a driveway Swale on Lot
8. Any modifications of the design will be subject to approval by the NACC.
Homeowners are responsible for ongoing maintenance of these structures in
accordance with the O&M Plan in perpetuity.
61. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and
incorporated in the Order of Conditions. Evidence of maintenance of the stormwater
management system shall be provided to the NACC on an annual basis by a
Registered Professional Civil Engineer. The first report shall be submitted to the
NACC one year after the first stormwater structure goes on-line and annual reports
must continue to be submitted until a COC is obtained. Maintenance bills submitted
by cleaning contractors (catch basins, stormcepters, etc.) shall be submitted with
242-1588,464 Appleton Street subdivision-AMENDED 9 NACC 1/15/2015
DEP FILE #242—1588 (AMENDED)
annual engineering reports. Following the is of a COC Stormwater
Management System Inspection Logs (as provided in the O&M Plan) and/or proof of
annual maintenance activities for all stormwater structures and activities shall be
maintained for a prior 5 year period and shall be available upon request for review by
the NACC or its agent in perpetuity.
62. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six
(6) inches. The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater structures.
63. 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.
64. 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.
65. Stormwater infiltration basins shall not be used for snow stockpiling. No-Salt/No-
Snow Stockpiling signs shall be placed at the infiltration basins and shall be
maintained in perpetuity.
66. The applicants, homeowners, and their successors and assignees, shall maintain all
drainage structures, including bioretention areas, rain gardens, infiltration basins;
grassed swales, drainage channels and other elements of the drainage system,unless
put into an easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
"SUBDIVISION LOT DEVELOPMENT
67. Information was presented on individual lot development to address stormwater
management design and lot development feasibility. Individual lot development
within jurisdiction of the NACC must be presented as new Notices of Intent(NOI)
with the exception of Lot 6 and Lot 8 driveways.
68. The NACC shall be notified in writing of any lot line or number changes with a copy
of a plan showing these changes prior to any work on these lots.
242-1588,464 Appleton Street subdivision-AMENDED 10 NACC 1/15/2015
DEP FILE #242— 1588 (AMENDED)
DURING CONSTRUCTION
69. Upon beginning work, the applicant shall submit written monthly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
70. De-watering activities are not proposed. No discharge of water is allowed directly
into an area subject to jurisdiction of the Wetlands Protection Act and/or the.North
Andover Wetland Bylaw. If emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the Commission for approval,which
provides for the pumped water to be contained in a settling basin,to reduce
turbidity prior to discharge into a resource area.
71. 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.
72. All exposed soil finish grade surfaces shall be immediately landscaped.and stabilized,
or loamed, seeded and matted. All disturbed areas must be graded,loamed and
seeded prior to November 1St of each year. Outside of the growing season, exposed
soil finish grade surfaces shall be stabilized with jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty (30) days, unless approved by the NACC.
73. 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.
74. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Stockpile areas are designated on Plan Sheet 9 of 12 and Plan Sheet 4 of
7 of the amended site plans. Changes in stockpile location shall be approved by the
Conservation Department.
75. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. Truck washing shall not occur within
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
76. All waste generated by, or associated with,the construction activity shall be contained
within the limit of work, and away any from 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
242-1588,464 Appleton Street subdivision-AMENDED 11 NACC 1/15/2015
DEP FILE.#242—1588 (AMENDED)
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.
77. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
78. 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.
=A-FTER:CONSTRUCTION
79. 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.
80. 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 Towns Wetland Protection ByLaw and
shall remain in perpetuity.
81. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
82. 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.
83. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed un-vegetated areas shall be
seeded.
84. 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:
242-1588,464 Appleton Street subdivision-AMENDED 12 NACC 1/15/2015
DEP FILE #242-1588 (AMENDED)
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission:
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "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 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 as disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
84. 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# 242-1588. Future work within 100' of
existing wetland resource areas will require a separate filing with the
NACC. The Conservation Administrator and/or other agents of the NACC
242-1588,464 Appleton Street subdivision-AMENDED 13 NACC 1/15/2015
DEP FILE.#242—. 1588 (AMENDED)
do not have the authority to waive these setbacks as established under the
local ByLaw;
➢ Resource Area Markers & No-Disturbance Wall (Condition#54 & #55);
➢ Stormwater Management System Maintenance (Condition#60 & #61);
➢ No-snow Stockpiling/No-Salt Signs (Condition#65);
➢ Discharge or spillage of pollutants(Condition#78);
➢ Prohibition of underground fuels.(Condition#79); :.
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#80);
➢ Prohibition of dumping of leaves, grass clippings;brush, or other debris
(Condition#81);
➢ "Pollution Prevention and Operations and Management Plan", including
Best Management Practices attached. No additional filings will be required
to conduct maintenance of the above referenced system and plan.
242-1588,464 Appleton Street subdivision-AMENDED 14 NACC 1/15/2015
DEP FILE #242-1588 (AMENDED)
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) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. 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)
242-1588,464 Appleton Street subdivision-AMENDED 15 NACC 1/15/2015
I,
Section VIII: Pollution Prevention and
Operation and Maintenance Plan
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.0 IDENTIFICATION OF POTENTIAL STORMWATER POLLUTANTS
The purpose of this section is to identify pollutants that could impact storm water
during the construction of this project.
2.1 Significant Material Inventory
Pollutants that result from clearing, grading, excavation and building
materials that have.the potential to be present in storm water runoff are listed
in Table 1. This table includes information regarding material type, chemical
and physical description and the specific regulated storm water pollutants
associated with each material.
•2.2 Potential Areas for Storm Water Contamination
The following potential source areas of storm water contamination were
identified and evaluated:
Cleared and graded areas;
■ Asphalt roadway and driveway construction; „
Building construction;
Construction site entrance;
® Tree removal areas; -
® All undisturbed areas.
_ Regency Place
North-Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
Table 3
BEST MANAGEMENT PRACTICE MAINTENANCE
� �,(t{+ 4'h 7 C• a 1 ` �Zt y:s+}.� idr✓'4 X51 f tir �jr��; .;+�n1s�y"i";��, +�r, . t' tr( '~ �h4'+'+',,�'}as -< ( y � i}-�tY
s � r� { 'fir i :L ,�. 3'F a'k"}rtr'�, ��'.� 4� s Ate, }'°4�•,� a �*� }. f tiTf. _ .
BESTS" Y DRAINAGE 1 t TYPE;L a y MAINTENANCE
MANAGEMENT AREAS ]
,r w�. '�'L�♦k � `
4''PRACTICES y(CON7ROU r vl �� iii `3�7t � a + y x 7 A+ ;
3 .POINTS) u f � "
j ? -Built up sediment will be removed from in front of the barrier f
j ' I when it has reached 6 inches in depth.
Siltation Fence Silt fences and silt socks will be inspected for depth of i
and Staked Construction
Haybales,Silt i All ; Phase sediment,for tears,to see if the fabric is securely attached to
the fence posts,and to see that:fence posts are securely in i
Socks i the ground.
I -The paved street adjacent to the site entrance will be swept
daily to remove excess mud,dirt,or rock tracked from the i
site.
' -Dump trucks hauling material from the construction site are
Stabilized i
Construction 1 Construction i to have their payload covered with a tarpaulin.
Phase -The stabilized construction entrance will be inspected for
Entrance sediment tracked on the road,for clean gravel,and to make
sure that the culvert beneath the entrance is working and that i
all traffic use the stabilized entrance when leaving the site.
-Influent points to the infiltration basins will be stabilized with
rip-rap and/or crushed stone to avoid washout.
-To the extent practical,cleared and graded soils will be
sloped to the infiltration basins or contributing drainage swale
system. I
-Adjacent disturbed areas are to be brought to final finished i
grade and stabilized. Bare ground that can not be
permanently stabilized within 30 days shall be stabilized with
mulch,hay or jute mats.
-The infiltration basin will be inspected for sediment and all
Construction built up sediment will be removed upon identification.
Infiltration 1,2 I Phase& -Remove sediment from the basin as necessary, but wait
Basins Permanent until the floor of the basin is thoroughly dry.
-Use light equipment to remove the top layer so as to not
compact the underlying soil.
-Deeply till the remaining soil,and re-vegetate as soon as
possible.
-At least twice a year, mow the buffer area,side slopes,and
basin bottom.Remove grass clippings
and accumulated organic matter to prevent an impervious
organic mat from forming.Remove trash and debris at the
' same time.Use deep tilling to break up clogged surfaces,
and re-vegetate immediately.
i
-Inspect units four(4)times per year and at the end of the
foliage and snow removal seasons.
Stormceptor 1 Permanent _Sediment shall be removed four(4)times per year or
whenever the depth of sediment is greater than or_equal to
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
Table 2 presents site specific information regarding storm water pollution potential
for each of these areas.
Table 2
Locations of Potential Sources of Storm Water Contamination
POTENTIALSTORM, , ' ' € Sa.�'1! 7 ':ceps v ' aZ
Ilk
a �" POIfVT� AREAS� k i ° P UTANTS s d'�' sl. 3 TENTIALPROBLEMS x��+
WATER CONTAMINATION ®RAINAGE & POTENTIALS PO}
i 1 Erosion of soils from cleared and
Cleared and graded areas j All Soil erosion,fertilizer, graded areas have the potential to j
pesticides discharge into protected resource
! i areas
Leaking hydraulic oil and antifreeze
i from clearing,grading and asphalt i
application construction equipment.
Asphalt roads and Asphalt,hydraulic oil, 1 Gasoline and diesel fuel spills
driveways and All gasoline,antifreeze,soil while fueling construction
construction site entrance erosion,fertilizer, equipment,and erosion of exposed
pesticides ! and stockpiled soils. Asphalt
i ! i chemicals can be released to
j storm water if a rain event occurs
Ibefore curing is complete.
__._..•...._. .._......_ ._. _...:.__.__.._........_.......__.. ..._._....:....... .. _.
Plaster,cleaning ! Accidental spills of paints and
solvents,asphalt, cleaning solvents,leaking hydraulic
concrete,paints, oil and antifreeze from construction
hydraulic oil,gasoline, equipment,gasoline and diesel fuel
Building construction All antifreeze,soil erosion, spills while fueling construction
fertilizer,pesticides, equipment,erosion of exposed and j
glue/adhesives,curing stockpiled soils,and degradation of
I compounds,wood scrap dry wall can potentially
preservatives,:kerosene ! contaminate storm water_ _
Soil erosion,fertilizer, Ruts caused by logging equipment
Tree removal areas All pesticides can fill with water,preventing
l...._..__.._....__.... ._......._.._--_._......._I _.._._ .:.:......... _. .............._...._.__:...... complete re,vegetation..---_
ii No stormwater related issues with
All undisturbed areas I All None com letel ve etated areas
2.3; Summary of Available Storm Water Sampling Data
-.No storm water sampling data is available for this site.
Regency Place
. .North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.6.5 Fertilizers will be applied only in the minimum amounts
recommended by the manufacturer.
2.6.6 Fertilizers will be worked into the soil to limit exposure to.storm
water.
2.6.7 Fertilizers will be stored in a covered shed and partially used
bags will be transferred to a sealable bin to avoid spills.
2.6.8 All vehicles on site will be monitored for leaks and receive .
regular preventative maintenance to reduce the chance of
leakage:
2.6.9 Petroleum products will be stored in tightly sealed containers
which are clearly labeled.
2.6.10 Spill kits will be included with all.fueling sources and
maintenance activities.
2.6.11 Any asphalt substances used on-site will be applied according
to the manufacturer's recommendation.
2.6.12 Sanitary waste will be collected from portable units a minimum
of three times a week to avoid overfilling.
2.6.13 A covered dumpster will be used for all waste materials.
2.6.14 All paint containers and curing compounds will be tightly sealed
and stored when not in use. Excess paint will not be
discharged into the storm sewers, but will be properly disposed
of in accordance to the manufacturer's instructions.
2.6.15 Materials and equipment necessary for spill clean up will be
kept in the temporary material storage trailer on-site.
Equipment will include, but not be limited to, brooms, dust
pans, mops, rags, gloves, goggles, kitty litter, sand, saw dust,
and plastic and metal trash containers.
2.6.16 Spray guns will be cleaned on a removable tarp.
2.6.17 All spills.will be cleaned up upon discovery. Spills large enough
to reach the storm water treatment system will be reported to
the engineer, environmental monitor, North Andover
Conservation Commission and the Nation Response Center at
(800)424-8802.
2.6.18 Concrete trucks will not be allowed to wash out or discharge
surplus concrete or drum wash water on the site.
2.6.19 Form release oil used for building foundations will be applied
over a pallet covered with an absorbent material to collect
excess fluid. The absorbent material will be replaced and
disposed of properly when saturated.
2.6.20 When testing/cleaning water supply lines, the discharge from
the tested pipe(s)will be collected and conveyed to a
completed section of the storm sewer for discharge into the
sedimentation basin.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12,2013
socks, silt fence, and hay bales shall be replaced as necessary. The inspection will
also verify that the procedures used to prevent storm water contamination from
construction materials and petroleum products are effective.
The maintenance inspection report will be made after each inspection. Copies of
the report forms to be completed by the Erosion Control Monitor are provided in
Appendix C of this report. Completed forms will be maintained on-site during the
entire construction project. Copies of the forms will be sent weekly to the
environmental monitor, design engineer, and North Andover Conservation
Commission. Following construction, the completed forms will be retained at the
general contractor's office for a minimum of one year.
If construction activities or design modifications are made to the site plan which
could impact storm water, this plan will be amended appropriately. The amended
plan will have a description of the new activities that contribute to the increased
pollutant loading and the planned source control activities.
4.1 Construction Phase
4.1.1 Erosion Control shall be inspected and maintained/reinforced
on a daily basis during construction.
4.1.2 Sediment built up along sedimentation barriers will be removed
when it has reached 6 inches in depth.
4.1.3 Sedimentation barriers will be inspected for depth of sediment,
for tears, to see if the fabric is securely attached to the fence
posts,and to see that fence posts are securely in the ground.
4.1.4 All exposed soil finish surfaces shall be immediately
landscaped and stabilized; or loamed, seeded and mulched
with a layer of mulch hay. Outside of the growing season,
surfaces shall be covered with a layer of mulch hay until climate
conditions allow for seeding.
4.1.5 Immediately upon installation of any catch basin or storm drain,
erosion control devices shall be set and staked around the inlet
to prevent sediment from entering the drainage system prior to
paving. After binder pavement Siltsacks shall be installed in
each catch basin and shall be maintained until all upgradient
contributing areas are stabilized
4.1.6 All stockpile areas are to be covered if they are to remain for
over'14 days, and should have silt fencing staked around the
base.
4.1.7 During construction, all drainage structures shall be cleaned on
an as needed basis and/or after heavy rainfalls. Prior to the
placement of any impervious materials on site, all drainage
structures, swales, and infiltration basins shall be properly
installed and functional.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
once per year. Re-seed periodically to maintain
the dense growth of grass vegetation.
4.2.3 Infiltration Basins
4.2.3.1 Inspect after every major storm for the first few
months to ensure it is stabilized and functioning
properly and if necessary take corrective action.
Note how long water remains standing in the
basin after a storm; standing water within the
basin 48 to 72 hours after a storm indicates that
the infiltration capacity may have been
overestimated. If the ponding is due to clogging,
immediately address the reasons for the clogging
(such as upland sediment erosion, excessive
compaction of soils, or low spots)
4.2.3.2 Thereafter, inspect the infiltration basin at least
twice per year. Important items to check during
the inspection include:
Signs of differential settlement,
Cracking,
Erosion,
Leakage in the embankments,
Tree growth on the embankments,
Condition of riprap,
Sediment accumulation,
and the health of the turf.
4.2.3.3 At least twice a year, mow the buffer area, side
slopes, and basin bottom. Remove grass
clippings and accumulated organic matter to
prevent an impervious organic mat from forming.
Remove trash and debris at the same time.
4.2.3.4 Remove sediment at inlet once per year or as
needed.
4.2.3.5 Use deep tilling to break up clogged surfaces, and
re-vegetate immediately. Remove sediment from
the basin as necessary, but wait until the floor of
the basin is thoroughly dry. Use light equipment to
remove the top layer so as to not compact the
underlying soil. Deeply till the remaining soil, and
re-vegetate as soon as possible.
4.2.3.6 Remove sediment from forebay once per year.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12,2013
4.3 Estimated Operations and Maintenance Budget
Any opinions of probable project cost or probable construction cost provided
by Christiansen & Sergi, Inc. are made on the basis of information available
to Christiansen & Sergi, Inc and on the basis of Christiansen & Sergi, Inc's
experience and qualifications, and represents its judgment as an
experienced and qualified professional engineer. However, since
Christiansen & Sergi, Inc has no
control over
the cost of labor, materials,
ctor s methods
q p
e ui ment or services furnished by others, or over the contra ( )
competitive bidding over com
of determiningrices, or p 9 or market conditions,
p
Christiansen & Sergi, Inc does not guarantee that proposals, bids or actual
project or construction cost will not vary from opinions of probable cost
Christiansen &Sergi, Inc prepares.
4.3.1 Deep Sump, Hooded Catch Basins & Stormceptor(4 times/yr.)
4.3.1.1 Vacuum Truck—2 hr @ $100/hr
4.3.1.2 Disposal -$100
Subtotal 41,2001year
4.3.2 Infiltration Basins A& B
4.3.2.1 Mowing -4 hrs @ $50/hr(2 times/year)
4.3.2.2 Sediment Removal -2 hrs @ $50/hr(1 time/year)
4.3.2.3 Disposal - $100 (1 time/year)
4.3.2.4 .. Deep Tilling—8 hrs @ $100/hr(once per 10 yrs)
4.3.2.5 Re-vegetation - $500 (once per 10 yrs)
Subtotal -$730/year
4.3.3 Roof Runoff Infiltration Areas
4.3.3.1 Engineer-8 hr @ $150/hr. (1 time/yr.)
Subtotal -$1,200
Total Annual Estimated Operating Budget: $3,130
It is assumed.that the homeowners will mow and maintain the grass
swales in front of their homes as part of their normal lawn
maintenance, and that the owners of Lots 3 and 4 will mow and
maintain the infiltration basins as part of their normal lawn
maintenance,so no additional costs are associated with maintaining
these areas.
Appendix C
Stormwater Management System Inspection Logs
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10,2013
Inspection and Maintenance Report Form
Infiltration Basins
Depth;of any# �' FnO r Contlit�on Condition of
Infiltrations Depth ofany�' Vegetatives of,Basm Outfall from
$ Standing tI Sediment' k i
Basing -� , 3 '�1111aterx Cover? , Side Slopes_iBasm
A
1
g ,
B 1 s
j C
- . —
I D
i
Maintenance required for sediment basin(s):
To be performed by: On or before:
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013
Inspection and Maintenance Report Form
Perimeter Controls:
Date:
Silt Fence and Hay Bales
'' ''� Has'Silt)'. I ` ; � # s �- t •-_ �If,a':Problern
�D'rainage+ ,Rdached`6;V Depth of Is,JT here
- K Pro erl EVid6nce of) z
Area; Depth? gS�1t? F' Secu ed� z Oven ppmg? 'List Nearest
Flag Nosy
i ; 3
(To Blue
f Ridge Road
&Mosquito ;
{ Brook) i
(To
i
I Abandoned
R.R.Right-
of-Way)
3
.I
(To Isolated
Wetlands)
{ {
Maintenance required for silt fence and hay bales:
To be performed by: On or before:
P
Regency Place (Amended Order of Conditions)
North Andover, Mass.
Pollution Prevention and Operation and Maintenance Plan
January 7,2015
Inspection and Maintenance Report Form
Crushed Stone Infiltration Trench w/Peastone Check Dams (Lot 8)
'0
A Crushed Stone Infiltration Trench w/Peastone Check Dam located on Lot 8 is incorporated
into the overall stormwater drainage system. The general contractor of the project shall be
responsible for the Operation and Maintenance of the Trench during construction. Upon
completion of the project,the owner of the.lot, and any successors, will be responsible for the
Operation and Maintenance of the Trench as outlined in below.
➢ Inspect Trench monthly for first three months after construction to ensure proper
functioning.
➢ Inspect Trench annually after initial three month period, and after larger storms when
washouts may occur.
➢ Maintain vegetation around Trench and remove any vegetation growing in Trench.
➢ Remove and dispose of any trash, debris, or sediment that may build up in Trench. 3
4
i
I
I
!
Crushed Stone Infiltration Trench
Inspected Sediment Cleaning
(Y/N) Depth needed Date Comments(Trash,Oil, Pet waste, Lawn Debris,
BMP (inches) (Y/N) Cleaned Damage)
Stone
Trench
i
P:\14\14-12\docs\permits-applications\conservation