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HomeMy WebLinkAboutMiscellaneous - 509 WAVERLY ROAD 4/30/2018 (4)-- �. �' �-_J---�----- r L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ A. General Information From: North Andover 1. Conservation Commission 2. This issuance is for (check one) 3. To: Applicant: a. First Name 1501 Main Street d. Mailing Address Tewksbury e. City/Town DEP File Number: 242-1313 Z Order of Conditions R Amended Order of Conditions b. Last Name 4. Property Owner (if different from applicant): Highview, L. L. C. c. Company IVIA. f. State 01876 g. Zip Code a. First Name b. Last Name c. Company d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: 509 Waverly Road North Andover a. Street Address b. City/Town Map 22 Parcels 140 and 141 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) 727 397 c. Book d. Page 7. Dates: 5/11/05 9. Date Notice of Intent Filed b. Dalef Pu earing Closed c. Dati of Isguance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Deveplment Plan —U)&vz..J oayj a. Plan Title Merrimack Engineering Services Stephen E. Stapinski, P. E., Anthony Donato, P. b. Prepared By E. i aG 7 105 Vevisiul V = 20' d. Final I Liam e. Scale f. Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $3, 150.00 $1,562.50 $1,587.50 a. Total Fee Paid b. State Fee Paid c. Cityrrown Fee Paid wpaform5,doc - rev. 3/1/05 Page 1 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ts. t-inaings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 242-1313 Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. Z Public Water Supply b. [1 Land Containing Shellfish c. Z Prevention of Pollution d. Z Private Water Supply e. R Fisheries f. Z Protection of Wildlife Habitat g. Z Groundwater Supply h. Z Storm Damage Prevention i. Z Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: Z 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: EJ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. E] the information submitted by the applicant is not sufficient to describe the site, the ork, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work own this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts:, Check all that apply below. (For Approvals Only) Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. [-1 Bank a. linear feet 4. Bordering Vegetated Wetland a. square feet 5. Land Under Waterbodies and a. square feet Waterways e. cu.yd dredged u. unear reei c. linear teet d. linear feet b. square feet C. squae feet Tsquare feet b. square feet c. square feet d. square feet T. cu.ya areagea wpaforrn5.doc - rev. 311105 Page 2 of 9 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1313 B. Findings (cont.) Coastal Banks 15. [] Rocky Interticlal Resource Area Proposed Permitted Proposed 17. [] Alteration Alteration Replacement 6. El Bordering Land Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage cubic feet cubic feet g. cubic -feet 7. [1 Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet -�-cubic -feet e. cubic -feet 8. [1 Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft -uarefeet c. square feet sq e. -square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. El Designated Port Areas Indicate size under Land Under the Ocean, below 10. E] Land Under the Ocean a. square feet b. square feet 11. D BarrierBeaches 12. 0 CoastalBeaches 13. [:1 CoastalDunes 14. El Coastal Banks 15. [] Rocky Interticlal Shores 16. E] Salt Marshes 17. [] Land Under Salt Ponds 18. El Land Containing Shellfish 19. [] FishRuns 20. El LandSubjectto Coastal Storm Flowage Permitted Replacement h. cubic feet f. cubic feet f. square feet f. square feet Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet c. cly nourishrnt. d. c/y nourishmt. a. square feet square—feet cly nourishrnt. —d. c/y nourish4" a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet c. square feet d. square feet U. bqudlt; Imn Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. square feet b. square feet wpaform5.doc - rev. 3/1/05 Page 3 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands (only applicable to approved projects) DEP File Number: 242-1313 rotection Act 1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods -from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the, Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1313 wpaform5.doc - rev. 3/1/05 Page 4 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If you need more space for additional conditions, select box to attach a text document N DEP File Number: 242-1313 C. General Conditions Under Massachusetts Wetlands Protection Act I 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11 . Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: See attached wpaform5.doc - rev. 3/1/05 Page 5 of 9 V I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1313 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1 - Is a municipal wetlands bylaw or ordinance applicable? Z Yes 0 No 2. The NorthAndover hereby finds (check one that applies): Conservation Commission 3. [1 that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: wpaform5.doc - rev. 3/1/o5 IR Page 6 of 9 . a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. Z that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, See attached select box to attach a text document 0 wpaform5.doc - rev. 3/1/o5 IR Page 6 of 9 . DEP FILE # 242 - 1313 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 mo dify or differ from the 121ans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights except those specifically stated in condition 20 herein. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. - 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\00C\509Waver1yRd.doc I NACC 8/25/2005' DEP FILE # 242 - 1313 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued as a substitution for/in replacement of those issued under File No. 242-1174 (Lot 4 Waverly Road) & 242-1175 (Lot 5 Waverly Road). 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: ihe construction of 11 attached units (5 townhouse' buildings) in a cluster development (chapter 40B comprehensive permit), the construction of a subdivision roadway, associated unit parking, stormwater management structures, grading, landscaping, and construction of retaining walls within the buff -er zone to a BVW associated with an intermittent stream. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Highview, LLC. (Applicant) 1501 Main Street, Suite 47 Tewksbury, MA 01876 Dated May 11, 2005 Prepared by: Seekamp Environmental Consulting 129 Route 125 Kingston, MA 03848 Site Plans prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 Entitled, "Site Development Plan - Waverly Oaks" Sheets 1 - 5, dated September 5, 2003 with revisions made through July 27,2005. Stamped & Signed by Stephen E. Stapinski, R.L.S. & Anthony Donato, P.E. Other Reports, Plans & Documents: Drainage Report/ Supplemental Information entitled, "Waverly Oaks - Project Development in North Andover", CAWinword\00C\509Waver1YRd.doc NACC 8/25/2005 DEP FILE # 242 - 1313 dated April 14, 2005, revised through July 11, 2005, prepared by Merrimack Engineering Services, Inc.; Stormwater Operation and Maintenance Plan and Sequence of Construction, dated April 2005, Revised July 27,2005; Maintenance Requirements of the CDS unit letter prepared by Nicolas Reitzel of CDS New England, dated July 27,2005 (attached to 0 & M Plan); Stream Analysis Report prepared by Seekamp Environmental Consulting, Inc., dated June 22,2005; Review letter prepared by Lisa Eggleston, Eggleston Environmental dated June 16, 2005; Response letter from Anthony Donato, P.E., Merrimack Engineering dated July 11, 2005; Review letter prepared by Lisa Eggleston, Eggleston Environmental dated July 27,2005; Response letter from Anthony Donato, P.E., Merrimack Engineering Services dated July 27,2005; Final review letter from Lisa Eggleston, Eggleston Environmental dated August 3, 2005. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. The resource area delineation was approved under a Determination of Applicability issued on 6/13/02 and reconfirmed for this project. The wetland resource areas were consistent with the findings of the determination issued in 2002, which notes that the abandoned swale is not a resource area subject to protection under the WPA or the North Andover Wetland Bylaw. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No Disturbance Zone and a fifty -foot (50') No Construction Zone shall be established from the edge of the adjacent wetland resource area (although this is a 40B project subject to the Massachusetts Wetland Protection Act only, the applicant has proposed work to C:\Winword\00C\509Waver1YRd.doc NACC 8/25/2005 DEP FILE # 242 - 1313 comply with the local wetland bylaw and associated bylaw setbacks). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. 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. 34. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harn-dess to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 35. 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 Iva" I 36. 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. 37.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. ,-:\winwora\(-)(.)c\3ugWaverlyRd.doc 4 NACC 8/25/2005 DEP FILE # 242 - 1313 38. 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 242-1313." 39. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 41. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including, but not limited to, the installation of temporary and permanent erosion control devices, installation of the stormwater drainage structures to be completed before other work begins on site, and housing development. 42. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved .plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of worl�shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time *. All flags used for the above purposes shall be of a color different from other flagging used on the site. 43. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved referenced herein. The erosion control barrier shall be inspected and approved by the NACC prior to the start of construction, and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. C:\Winword\00C\509Waver1yRd.doc NACC 8/25/2005 DEP FILE # 242 - 1313 44. 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. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 46. A check payable to the Town of North Andover shall be provided in the amount of $15,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 47. Prior to the commencement of any work on site, the corners of the foundations for building 1 & 3 shall be staked in the field by a Registered Land Surveyor (R.L.S.), which shall be verified by Conservation Staff during the Pre -Construction meeting. 48. Prior to the commencement of any work on site, the applicant shall submit the final Landscape plan to the Conservation Department for review and approval. 49. Additional soil testing must be conducted prior to construction and prior to any building permit application, to determine soil suitability and high groundwater elevations to facilitate the design of the proposed stormwater detention basin. At least one confirmatory soil test pit in the proposed detention basin area shall be performed to demonstrate that the bottom of the basin would be above the maximum seasonal high groundwater elevation. Said soil testing shall be witnessed by Conservation staff. The Conservation Department shall be notified at least 48 hours in advance of this testing to ensure staff availability. Upon completion of testing activities, documented information must be submitted to the Conservation Department for review and approval prior to the sign off of any building permit application. 50. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion Control Monitor" (ECM) 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 C:\Winword\00C\509Waver1yRd.doc 6 NACC 8/25/2005 DEP FILE # 242 - 1313 weekends. This professional must submit a letter to the Conservation Department, on company letterhead stating they have been retained as the project's Erosion Control Monitor. The designated Erosion Control Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM 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. 51. ON EVERY MONDAY OF EACH WEEK, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility that the Environmental Monitor (EM) monitor the site and submit written reports to the NACC. The EM shall certify that, to the best of his/ her knowledge and belief based on a careful site inspection, all work i ' s being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EM 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 reports shall also include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and / or replacement; and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 52. Prior to construction, the applicant shall permanently mark the edge of the "'25' No - Disturbance Zone" or along the property line upgradient to the 25' No -Disturbance Zone with twelve (10) signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetlafid Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC and shall be installed at locations determined by the Conservation Administrator. The applicant shall instruct all agents to explain these markers to buyers/ lessees/ landscapers and all persons taking over the property from the applicant. 53. 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 after to the closing of said land transaction. 54. 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 C:\Winword\UUC\5U9Waver1yRd.doc 7 NACC 8/25/2005 DEP FILE # 242 - 1313 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 constructiod supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g.' 72 hours). DURING CONSTRUCTION 55. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 56. Once excavation for the proposed detention basin has been completed, Conservation staff shall be contacted to conduct an inspection to ensure that there is no groundwater intrusion. If evidence of groundwater intrusion is observed, the applicant shall contact a Professional Engineer to provide and submit design/redesign documentation to the Conservation Department for review and approval. 57. A crushed stone construction entrance shall be designated at the roadway entrance to minimize soil/material tracking onto Waverly Road. This entrance shall be maintained and reinforced as necessary. 58. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel; 59. Upon beginning work, the applicant shall submit written progress report every month detailing what work has been done in or near resource areas, and anticipated work to be completed over the next period. This will update the construction sequence. 60. IMPORTANT: Immediately upon completion of the dwelling foundation for buildings 1 & 3, and prior to further construction activities associated with each building, the applicant shall submit an interim as -built plan to the Conservation Department for review for these buildings. This As -built plan shall be prepared by a Registered Land Surveyor of the Commonwealth (R.L.S.), showing at a minimum the foundation location, sub -grading, drainage system(s), recharge area(s) with seasonal high groundwater elevations, lin-dts of work and it's proximity to wetland resource areas as approved under this Order of Conditions. CAWinword\00C\509Waver1yRd.doc NACC 8/25/2005 DEP FILE # 242 - 1313 61. The sewer lines on the site shall be tested for water tightness in accordance with North Andover DPW standards. 62. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 63. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 64. De -watering activities anticipated shall be supervised and witnessed by the designated Erosion Control Monitor (ECM). This designee must be on-site while work specific to de- watering activities are occurring and until complete. Activities shall be monitored daily by the ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin, to reduce turbidity prior to discharge into a resource area. 65. 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 foregoin, 9. 66. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 67. The roadway shall be swept at ledst once per week or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or the Conservation staff for as long as the site remains exposed and unstabilized. 68-A gated perimeter fence shall be installed around the proposed detention pond for safety reasons. Said fence shall be installed so that the gate coincides with the access way for required maintenance of the stormwater structure. 69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. C:\Winword\00C\509Waver1yRd.doc 9 NACC 8/25/2005 DEP FILE # 242 - 1313 70. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or biodegradable matting. 71. Equipment shall not be staged overnight within 50 -feet of a wetland resource area. 72. All snow/soils shall be stockpiled in the locations as depicted on the approved plan referenced herein only (noted as SSA). This condition shall remain in perpetuity. 73. As proposed by the applicant, a Condominium Association shall be established and be responsible for the implementation of the Operation & Maintenance Plan as referenced and attached herein. This condition shall remain in perpetuity to this Order. Written agreements of all conditions required in perpetuity of this Order, inclusive of all stormwater maintenance agreements, shall be submitted to the NACC upon completion of construction and prior to the issuance of a certificate of compliance. 74. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 75. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at. the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 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. STORMWATER MANAGEMENT CONDITIONS 77. All construction and post -construction stormwater management structures shall be maintained and monitored in accordance with the approved Operation and Maintenance Plan included as an attachment to this Order, approved site plans, the MA Stormwater Management Policy, and as approved by the NACC. 78. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in Operation and Maintenance Plan as referenced and attached herein. CAWinword\00C\509Waver1yRd.doc 10 NACC 8/25/2005 DEP FILE # 242 - 1313 79. Construction of the stormwater detention basins shall be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 80. Temporary and/or permanent basins 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 basin. 81. All stormwater Best Management Practices (BMPs) shall be maintained as specified in the above-mentioned Erosion Control and Maintenance Plan, and as 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 Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 82. 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. 83. Water quality of the adjacent Bordering Vegetated W6tland (BVW) and intermittent stream 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. 84. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. This condition will remain in perpetuity. 85. Roof runoff shall be directed to the infiltrator to provide groundwater recharge, as shown on the approved plans referenced herein. 86. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity -of vegetative cover on the site. This condition will remain in perpetuity. C:\Winword\00C\509Waver1YRd.doc I I NACC 8/25/2005' DEP FILE # 242 - 1313 87. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the Operation & Maintenance Plan and the associated stormwater management conditions referenced and attached herein. AFTER CONSTRUCTION 88. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 89. 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. Only organic fertilizers may be used. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 90. Prior to the issuance of the Certificate of Compliance, and the Condominium Association assuming responsibility, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the "Operation & Maintenance Plan" and the associated stormwater management conditions referenced herein. 91.Prior to the issuance of the Certificate of Compliance, the applicant shall submit to the Conservation Department an Affidavit from the homeowners association acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan referenced and attached herein. This affidavit must be submitted prior to Town street acceptance at Town Meeting. 92. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loarning and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 93. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed areas shall be seeded. 94. 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. CAWinword\00C\509Waver1YRd.doc 12 NACC 8/25/2005' DEP FILE # 242 - 1313 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 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. This certification statement shall include verification that the stormwater management system functions as designed. i. An "As -Built" plan prepared and signed and stamped by a Registered' Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: )0- "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. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stonewalls, pools, retaining walls, subsurface utilities and decks. A line showing the -limit of work and the extent of existing erosion control devices. "Work" includes �!U disturbance of soils or vegetation. > Location of all subsurface utilities entering the property. 95. 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 this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator 1_ � w inwora\uuu\3uYwaveriyKa.aoc 13 NACC 8/25/2005 DEP FILE # 242 - 1313 and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); Discharge or spillage of pollutants (Condition #76); Snow stockpiling shall be stockpiled in the locations as depicted on the approved plans referenced herein only (Condition #72); );o Maintenance of catch basins (Condition #84); )0, Maintenance of all culverts, collection/ catch basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #86); )0- The attached "Operation and Maintenance Plan" prepared by Merrimack Engineering Services, Inc. No additional filings will be required to conduct maintenance of the above referenced system and plan. )0, A Condominium Association shall be responsible for maintenance, serviceability, capacity, and structural integrity of the drainage systems as outlined in the Operation & Maintenance Plan (Condition #73); )0- Prohibition of underground fuels (Condition #88); > Limitations on the use of fertilizers, herbicides, and pesticides (Condition #89). C:\A!V I n word\000509%verlyRd.doc 14 NACC 8/25/2005 V� -Operation and Maintenance Plan — and - Sequence of Construction - Waverly Oaks - North Andover, AL4 Owner & Responsible Party: Highview, LLC 1501 Main Street - Suite 47 Tewksbury, MA 0 1876 Date: April, 2005 Revised July 27, 2005 1. SHORT TERM MAINTENANCE PROGRAm DURING CONSTRUCTION AND CONSTRUCTION SEQUENCING • A registered engineer shall perform a site inspection before and during the construction of the drainage structures and on weekly bases at the site during construction. • During construction, all rubbish shall be confined to a commercial container system. All debris, including but not limited to stumps, brush waste and debris, from all aspects of this project shall be removed from the siteand lawfully disposed of outside any resource area. • Care shall be taken at all times to control erosion and sediment movement by the use of compaction of disturbed areas and the use of hay bale/silt fences as shown on the plan. Other than erosion, no pollutant discharges are expected during construction. • The contractor shall ensure that all runoff is collected in the appropriate structures as they are constructed and that uncontrolled runoff is kept to a minimum After installation of the drainage control devices (i.e., detention pond, catch basins, etc.) weel;y inspections are required to ensure they are operating as designed and to determine maintenance/cleaning requirements. Structures are to be cleaned either by hand, or mechanical means, when built-up sediment levels exceed 8 inches (CDS Stormwater device to be cleaned via vacuum truck when sediment levels exceed 18 inches). 0 Install proposed erosion control devices as shown on the design plans. All erosion control is to be inspected and approved by the North Andover Conservation Commission and/or its' administrator prior to any construction activity. During construction the temporary erosion protection must be inspected weekly and after large rain events. Repair and replace devices as necessary and remove any sediment buildup exceeding six inches. Sweeping of tracked soils on the public way to be performed weekly, or as necessary. Additional crushed stone to be placed within the filter berm as required preventing tracking of soils ofisite. Excavate existing top and subsoil to be stripped from site. Fill material used on site shall consist of geologically natural material and not contain any material, mineral or chemical, harmful to animal or plant life. All fill material is to be compacted in 12 -inch lifts in accordance to AASHTO T180. All excavated/fill material stockpiles shall be located where shown on the design plans and/or protected in such a way to prevent wind and water erosion. Protection measures include staking a row a hay bales at the base of the stockpile, and/or covering with an impermeable tarp. Excavation/filling activities prohibited on-site from November I to March 3 1. All bare ground that cannot be stabilized within 20 days shall be stabilized by temporary measures. 7, 0 Construct proposed retaining walls in conjunction of the site filling. Construct and stabilize proposed detention ponds. Detention ponds are to be used as sedimentation basins during construction and are to be inspected in conjunction with the scheduled inspection of the erosion control devices. • Install proposed utility service connections, drainage structures, and infiltration areas. The area over the roof water infiltration systems is to be roped or taped off to prohibit any vehicular traffic over the system throughout the duration of construction. Bring site to binder pavement level. Install catch basin erosion protection as shown on the drawing details. • Construct building foundations and structures. • Place top course bituminous concrete pavement & install guardrail. • If storm events occur after the side slopes and other areas that are to be stabilized have been planted, but prior to seed germination, then re -grading and replanting of those areas may be required. - • Upon completion of the drainage facilities and the successful establishment and stabilization of soils and vegetation, any sediment buildup within each BMP structure is to be removed. The P.E. shall perform a final inspection and a report issued to the North Andover Department of Public Works and Conservation Commission. During the first year of operation the drainage structures, detention ponds, and roof water infiltration systems, on the site should be inspected shortly after each storm event greater than 1.5 inches and again 2 to 3 days later to ensure that the systems are functioning properly, and that the infiltration structures and detention ponds are emptied within three days. In the event that any drainage device is observed not functioning properly, the responsible party shall contact a registered engineer within 72 hours. 11. LONG TERm MAINTENANCE PROGRAm AFTER CONSTRUCTION On or about every May I of each year, for a period of two years, a site inspection shall be performed by a registered professional engineer (P.E.) of the Commonwealth of Massachusetts to report on the status of the drainage features. The inspector will schedule the inspection with the responsible parties 48 hours prior to the inspection so arrangements can be made to access the site. This report shall include the name, address and telephone number of the owner of the drainage facilities, the names, address and telephone numbers of parties responsible for the operation and maintenance of the drainage facilities. The report shall also identify from visual inspection the current status and condition relating to the long- term operation of the facility, and ancillary structures. The report shall outline any observed pollution, if other than normal sand and oil runoff from roadway use. A copy of this report shall be sent to the North Andover Department of Public Works and Conservation Commission. On or about October 15 of each year, for two years, a Landscape Contractor shall complete the cleaning out of any debris in the detention pond and ancillary facilities. A short written report shall be prepared of the work performed, and to be submitted to the inspector (P.E.) for inclusion in his report. if the inspector reports that work needs to be done to maintain any facility then the work must be completed within the next 4 weeks, unless otherwise specified, the condition of which shall be reported in the inspector's next report. After a two-year period, the Association shall maintain the drainage systems outlined as following, under the guidance of the North Andover Department of Public Works and Conservation Commission, and as outlined by the Massachusetts Department of Environmental Protection Stormwater Management Program to ensure proper operation. The detention & infiltration basins should be inspected at least annually for evidence of erosion within and around the banks and accumulation of sediment around the inletloutlet. inspections should be conducted during wet weather to ensure the basin is operating as intended. Potential problems to be investigated include subsidence, erosion, cracking or tree growth, damage to the spillways and sediment accumulation around the inlet/outlet. The upper stage, side slopes, and embankment should be mowed (no shorter than 4 inches) at least twice a year. All grass clippings are to be removed. Sediment should be removed from the basins when build-up exceeds six inches, or at least once every 5 years in accordance with local, state and federal guidelines and regulations. Catch basin structures must be at a minimum inspected and professionally cleaned by vacuum truck four times a year, or when sediment levels within the structures exceed 12" inches. CDS Stormwater Unit Must be cleaned in accordance to requirements outlined in a letter dated July 27, 2005,from CDS Technologies, RE: Maintenance Requirements attached hereto. At a minimum the unit is to be cleaned via vacuum truck annually. * The roofwater infiltration structures cleanout and inspection ports are to be inspected for built-up sediment within the system "headers" and that the systems are draining properly. This should be scheduled in conjunction with the catch basin inspections (4 times a year), or after a storm event equivalent or greater than the 25 -year storm. The structures are to be professionally cleaned by vacuum truck when sediment levels within the system "header" exceeds 6 inches. If any standing water is observed within the system, and no precipitation has occurred within the last 24 hours, the responsible party shall seek within 72 hours, consultant services of a registered engineer, or geologist, in the state of Massachusetts. Driveway sweeping shall be done biannually. Once early in the spring season when the snow has melted, and again in the fall after the majority of leaf droppings has occurred. Miscellaneous litter control involves the removal of leaves, lawn clippings, pet wastes, and trash from the site before it enters the on-site drainage system. A regular schedule of garbage collection and designated collection areas are required in order to ensure the integrity of the site. Additional non- scheduled garbage collections may be necessary when the capacity of the trash receptacles is exceeded. Snow Management: Snow is to be stockpiled at the locations shown on the site plan. In the event the. capacity of the stockpile locations are exceeded, provisions must be made to remove snow offsite in accordance with local, state, and federal guidelines and regulations. The dumping of snow within any resource area is prohibited. The storing of de-icing compounds within 100' feet of a resource area is prohibited. Any stored compounds must be sheltered from precipitation and wind, and placed over an impervious surface. Debris from the compound storage areas should be cleared and properly disposed of, or stored at the end of the snow season and no later than May 15 * Revised July 2 7, 2 005 C C6jDS TfCHN0k0Gj*S The 86lullOn 10 StormvMer Pollution July 27, 2005 Anthony Donoito MeiTimack Engineffing RE. Maintenance Roomments Waverly Oaks, N. Andovw, Me Ejew Mr. Dowito, The Nowing information dmnlm the mallAW"m mqwred for the CD3 Technologies storm watet tiew equipment to be utilized for this pmject The specified model is a CDS Techn0ogies model "RU20-15 for a 4'dja manhole swact= with a 24" manhole cover at center point and a 24" deep by 4' diernew flberglass Sump. 11e spe6fied unit shell be mamtained at a minimum ofoace a you. This is to consist of the mmoval of the collecood solids, sediments, juvels, tmsb wd debris, by meem of a vaw= t=k, clain.shill grab buakiK oldmimer basket or what ever device is available. Any btdtd up of oils * (commonly sheen on tbie water surface) shall be sqmxd from the solids by mews of a sodwv, sWmmer ptunp, or equivalent device, renwved and dispoW of in accordance with the locid regulations, A visuRl inspwdon, of the device shaU be peftmed to mmove any luge debris swh as sticks, lumber, bnelm, ect That may be resulting in a flow reswicting blocimp. The scr= and Aba0ass shall be Njewed, to dectmine any ruatemls damage. If the oils are removed sepnWy fmm the unit than thg of tim ==Wamf seftents and floodog tutaids. or if no od is visible as a sbeen, dxn most jurisdfcti(ma will allow for the wdkwft to be med as a soil additive for mh tldnSs as toridfill coWns memial If oil is visible and not sepwated from the "ments, then the bWk of mawdal s.ball be bwded as cdl conamixated maerials and disposW will be in amrdance with. the local regulatiort Tt is higWy recommended that dwing the first year of opoubom ft the unit be visully inspected to determine the poftrAial polluant loading Me relative to the dminap basin Md use. In, New ErWandit is conImon to find an overload of leaves in the ffil And sand COS Technok4es, Inc. 0 www.cdstoch.com * eds9celstwh,com P.O. 9ox 249. Ashburnham. MA 0 1430-0249 - Mom (979) 827.CD%T (2379) - rjx - - .(978) 827-238R - Call: (978) 502-6533 Emalk nrcltzc1@cdstach.cofn 27/2005 01:33 973-E77-2Jt�d (ftution control) in the spring aft ft snow Mclts. otmr land uses with, SIX;ci-fi,c Ilu" c hamctgrisfics rmy merit a shorter mdintm8n" cycle. An entrple is that PO accumulations of trash and debris dw. they do tend to bave SM&W Also, pote that the shoong MOWS cleaniM se�ents and may ma & 6 month cleaning verm an MW �vmpletcd .re more ftqUent cleanouts right after the site constructioll is unit may requi �Pire system from I* construdon due to uNtabiliud =1 surfsces od debris left in the 1 . processes. Yet as the site gabilizes, it may ment an am, ual cleanIng, Al.so note that CDS Technologies is pleased to offer a staff member to supelvise and consult during the firg maintenarKe of the insWied unit This allows CDS to verify that specif,clLtions. COS Technologies is 9190 the unit is OPCrating tn accordance to our or the and wer has available at any ti'm to answer any queWons tb&t the revimW concerning the WeTafiOn Of the system. If you have aM qucsfiorls pkase feel free to cWl ft at 97"27-2378� 3r� you TNrlcolas Reitzel CDS New England 0 1 '�' DEP FILE # 242 - 1313 1, APPENDIX A — AFFIDAVIT (authorized agent of applicant and / or owner) 1) 1 am the on oath do hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) of the applicant upon whomthe Order of Conditions (applicant' s name) (DEP or NACC File #) have been placed upon by the North Andover Conservation Commission (NACC). 2) —1 am the (position with owner) and / or of (owner) the owner upon whose land Order of Conditions placed upon by the NACC. (DEP or NACC File #) have been I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. I hereby affirm and acknowledge that on this - day of 20___, 1 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 the Order of Conditions are presently in compliance. I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this — day of 20 (Authorized agent of applicant or owner) CAWinword\00C\509Waver1yRd.doc 15 NACC 8/24/2005 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance DEP File Number: 242-1313 This Order is valid for three years, unless otherwise specified as a special 919�10L5 condition pursuant to General Conditions #4, from the date of issuance. 1. Date kf Isstfance Please indicate the number of members who will sign this form: 6 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 Regionaj.Gffice, if not filing electronically, and the property owner, if different from applicant. Signatures: C---1 Notary Acknowledgement Commonwealth of Massachusetts County of On this Day q of Before me, the undersigned Notary Public, personally appeared Essex North (A'si — Month Year ,�IC-Qj± 14CA�SS Z— Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License uescription Or eviaence ot identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. North Andover As member of Cityrrown 7 DONNA M. WEDGE WTAW PMUC umoWiMTH OF MWW&UM *1CW0W1Coff=lb%pkwAq.7,2W9 I Place notary seal and/or any stamp above This Order is issued to the applicant as follows: El by hand delivery on Date Conservation Commission gnature of Notary Public L — ) Printed Name of N tar, Public My Comm issio rilExpires (Date) Vby certified mail, return receipt requested, on -g Lgslg i- - Liale f wpaform5.doc - rev. 311105 Page 7 of 9 t *- L11Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1313 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CIVIR 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 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, § 40) and is inconsistent with the wetlands regulations (310 CIVIR 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. Section G, Recording Information is available on the following page. wpaform5.doc - rev. 3/1/05 Page 8 of 9 I IL Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1313 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conse��—ation Commission Please be advised that the Order of Conditions for the Project at: Project Location Has been recorded at the Registry of Deeds of: fo r: County Property Owner 242-1313 DEP File Number Book Page and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc - rev. 3/1105 Page 9 of 9