HomeMy WebLinkAboutMiscellaneous - Reals Pond; Bridle Path; Winter Streeta
CONSERVATION DEpA_RTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
Coacbman's Lane Water Main lr�stallation , Nortb Andover
tion Con-ffnission (NACC) voted to issue
At the June 24, 2015 public hearing the North Andover Conserva at an approximate
iled to instaU an 8 inch cast Iron water main
a Negative Determination of Applicability f an's Lane between house #114 and house #158 within
depth of 5' within the pavement area of Coachm 'sting water main is at an approximate depth of
the Buffer zone to Bordering Vegetated Wetiand. The exi
15' and will be abandonedm' place. Work shall comPlY with the following:
North Andover Division of public Works
Applicant: Bruce Thibodeau, P.E., Director of North Andover Division Of Public
Works
384 Osgood Street
North Andover, MA 01845
Representative: Sullivan Engineering Group, LLC
jack Sullivan, P.E.
P.O. Box 2004
Woburn, MA 01888
Record Documents: Request for Determination of Applicability, received June 12, 2015
Prepared by: jack Sullivan, P.E.
Portion of coachman's Lane, Water Main Replacement
Record Plan: Prepared by: Sullivan Engineering Group, LLC
Dated: June 11, 2015
Conditions for Water Main Improvements:
Con tion
s uction�lid� Ltw
A�� ferenced documents and plans,
All work will. be conducted in accordance with the above re
prior to the commencement Of work, erosion controls will be *installed as shown on the herein
referenced site plans.
1600 osgood Street, Building 20, Suite 2-36, North dover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http:/ /w\vw.to,,vilofnorthandover.com/Pagcs/NA:ndoveriNIA—Conservation/index
The Conservation Department will be contacted prior to the start of work and may, at any phase,
inspect the installed erosion controls.
Excess materials and construction debris shall be properly disposed of off-site and work must be
backfilled at the end of each day.
4.'- All catch basins shall be protected with silt sacks during construction.
Dewaterm'g is not anticipated, however if dewatering becomes necessary a dewatering detail must be
submitted.
Post Construction Conditions for Water Main Improvements:
Upon stabilization the Conservation Department will conduct a final inspection to confirm the
restoration of prior site conditions and the removal of all erosion controls.
1600 Osgood Street, Bading 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web: http://-,v�v�v.to-,vnofnorthandover.com/Pages/NAndoverl\4A—Conservation/index
important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
,& I
VNIMM—N
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA ForM 2 — Determination of ApPlicabilitY
Massachusetts Wetlands Protection Act M.G.L. G. 131, §40
4--�
. General information
From�
North Andover
onservation Commission
To: Applicant
Town of North Andover -DPW
Name
384 Os ood Stre
Mailing Address MA 01845
North Andover -��t— —f, p c —od e
at,
Property owner (if different from applicant)�
Name
Mailing Address
cityfTown
State Zip Code
City/Town Date if applicable) of Final Plans and Other Documents:
1 . Title and Date (or Revised ane 11, 2015
u-.
Water Main Date
Title Date
Title Date
Title
2. Date Request Filed:
June 12, 2015
B. Determination onservation commission considered your
Pursuant to the authority of M.G.L. c. 131, § 40, the C entation, and made the following
Request for Determination of Applicability, with its supporting docurn
Determination.
Project Description (if applicable):
-9 + r mnin within the Buffer Zone to Bordering Ve
t::11 U1 —
Project Location:
Coachman's Lane #114 #15
Street Address
Map 64
Assessors ap/Plat Number
wpaforrn2.doc , Determination of Applicability , rev. 12114
North Andover_
&—yrrown
Lots 61, 65, 66
Parcel/Lot Number
Page I of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA ForM 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination (s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
ubmittal of a Notice of Intent or Abbreviated Notice of Intent) or Orderof
Conditions (issued following s submittal of simplified Review ANRAD) has been received
Resource Area Delineation (issued following or the Department of Environmental Protection).
from the issuing authority (i.e., Conservation Commission
n 1. The area described on the referenced plan(s). is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing I of a Notice of Intent.
EJ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
n 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination -
on referenced plan(s) and document(s) is within an area subject to
F] 3. The work described ct and will remove, fill, dredge, or alter that area. Therefore, said work
protection under the A
requires the filing of a Notice of Intent.
4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
b-rd,nance or Bylaw Citation
Name
page 2 of 5
wpaform2.doc - Determination of Applicability - rev. 12/14
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
F1 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
F Alternatives limited to the lot on which the project is located.
F1 Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
F1 Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
F] Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post -marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
F] 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
F-1 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
F] 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
F-1 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc - Determination of Applicability - rev. 12/14 Page 3 of 5
Massachusetts Department of Environmental Protection
L7, 11 Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
El 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity (site applicable statuatory/regulatory provisions)
Ar 6. The area and/or work described in the Request is not subject to review and approval by:
C
me of M
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Conservation Commission
Name
C. Authorization
Chapter 178
Ordinance or Bylaw Citation
This Determination is issued to the applicant and delivered as follows:
0 by hand delivery on M' by certified mail, return receipt requested on
Date
Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see
hftp://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-your-
city-or-town.html and the property owner (if different from the applicant).
Signatures:
Date 1 1
wpaform2.doc - Determination of Applicability - rev. 12/14 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of ApPlicabilitY
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals by this Determination, any owner of land abutting the land is
The applicant, owner, any person aggrieved . ents of the city or town in which such land
)posed work is to be done, or any ten resid
upon which the pr( iuest the appropriate Department of Environmental
y notified of their right to req enciesftnass6l: 01�jl''!::,Ibo.ut/cOintacts/find-the-
located, are hereb )-Ilwww. mass - 1a'gI0y'IJIp- ea/a�l of Applicability.
Protection Regional office (see httr - A �- �upers�edjng Determinaition
I L-or:-tsojw�nhtmI) to issue
four -CID
massdep-regional off 1:01, '-- 'I or hand delivery to the Department with the appropriate filing
The request must be made by certified mai
see Request for Departmental Action Fee Transmittal Form) as provided in
of issuance of this Determination. A copy of the
fee and Fee Transmittal Form 0 orn the date Commission
310 CMR I o.03(7) within ten business 6ays fr nd delivery to the Conservation
request shall at the same time be sent by certified mail or ha st shall state clearly and concisely the
and to the applicant if he/she is not the appellant. The reque at the Determination is based on
objections to the Determination which is being appealed. To the extent th t or regulations, the
nce or bylaw and not on the Massachusetts Wetlands Protection Ac
a municipal ordina o appellate jurisdiction.
Department of Environmental Protection has n
page 5 of !
wpaform2.doc , Determination of Applicability - rev. 12114
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Provided by DEP
Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
b. City/Town, Zip
a. Street Address
c. Check number d. Fee amount
Important, 2. Person or party making request (if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your -Zip -Code
cursor - do City/Town State
not use the Fax Number (if applicable)
return key. Phone Number
3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non -Significance (Form 6)):
Name
Mailing Address
State Yip -Code
City/Town
Phone Number Fax Number (if applicable)
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other
projects)
Superseding Determination of Applicability — Fee: $120
F] Superseding Order of Resource Area Delineation — Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Page 1 of 2
wpaform2.doc - Request for Departmental Action Fee Transmittal Form - rev. 12/15
LlMassachusetts 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.)
DEP File Number:
Provided by DEP
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 orderwith 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/eea/agencies/massdep/about/contacts/).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform2.doc - Request for Departmental Action Fee Transmittal Form - rev. 12/15 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40
A. General Information
1. Conservation Commission NORTH ANDOVER
Provided by MassDEP:
MassDEP File #:242-1648
eDEP Transaction #:728419
City/Town NORTH ANDOVER
2. Issuance
a. F 00C
b. r— Amended OOC
3. Applicant Details
a. First Name
BRUCE
b. Last Name
TH030DEAU
c. Organization
NORTH ANDOVER DPW
d. Mailing Address
384 OSGOOD STREET
e. City/Town
NORTH ANDOVER
f. State MA
g. Zip Code 01845
4. Property Owner
a. First Name
BRUCE
b. Last Name
THIBODEAU
c. Organization
NORTH ANDOVER DPW
d. Mailing Address
384 OSGOOD STREET
e. City/Town
NORT14 ANDOVER
f State MA
g. Zip Code 01845
5. Project Location
a. Street Address
CHESTNUT STREET
b.City/Town '
NORTH ANDOVER
c. Zip Code
01845
d. Assessors Map/Plat# 98D
e. Parcel/Lot#
STREET ROW
f Latitude
42.6661 IN
g. Longitude
71.10889W
6. Property recorded at the Registry of Deed for:
a. County
b. Certificate
c. Book
d. Page
NORTHERN ESSEX
NONE
7.Dates
a. Date NOI Filed: 3/4/2015 b. Date Public Hearing Closed: 3/25/2015 c. Date Of Issuance: 3/25/2015
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:
ROSEMONT PUMP
STATION AREA
WESTON &
WATERMAIN
LEAH E.
SAMPSON
STANTON P.E. 2-27-15
I"=40'
IMPROVEMENTS
B. Findings
Page 1 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
WPA Form 5 - Order of Conditions eDEP Transaction 028419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town NORTH ANDOVER
L�i . I
I.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 Comniission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Pul�lic Water Supply
d. FT Private Water Supply
g. F Ground Water Supply
b. F Land Containing Shellfish c. F Prevention of Pollution
e. F Fisheries f F Protection of Wildlife Habitat
h. F Storm Damage Prevention i. F FloodControl
2. Commission hereby finds the project as proposed, is:
Approved subject to:
a. rv-o The following conditions which are necessary in accordance with the perforniance 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. F The proposed work cannot be conditioned to meet the perfonnance 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 Us 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 3 1 OCMRI 0.02(l)(a). a. linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. FBank
5. F Bordering Vegetated Wetland
6. F Land under Waterbodies and Waterways
a. linear feet
b. linear feet
a. square feet
b. square feet
a. square feet
b. square Feet
e. cly dredged
f. cly dredi7d
c. bear feet d. linear feet
c. square feet d. square feet
c. square feet d. square feet
Page 2 of 10 ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
WPA Form 5 - Order of Conditions eDEP Transaction #:728419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/-rown.NORTH ANDOVER
7. r- Bordering Land Subject to Flooding
a. square feet b. square feet c. square feet d. square feet
Cubic Feet Flood Storage
8. r- Isolated Land Subject to Flooding
Cubic Feet Flood Storage
9. F Riverfront Area
Sq ft within 100 ft
Sq ft between 100-200 ft
e. cubic feet f cubic feet g. cubic feet h. cubic feet
a. square feet b. square feet
c. cubic fed d. cubic feet e. cubic feet f cubic feet
3315 3,315
a. total sq. feet b. total sq. feet
1,000 1,000 1,000 1,000
c. square feet d. square feet e. square feet f square feet
2,315 2,315 2,315 2,315
g. square feet h. square feet i. square feet j. square feet
Coastal Resource Area Impacts:
ResourQe-Area
Proposed Permitted Proposed Permitted
Alteration Alteidtion. Replacement Replacement
I o. r Designated Port Areas
Indicate size under Land Under the Ocean, below
11. f- Land Under the Ocean
a. square feet b. square feet
c. e/y dredged d. c/y dredged
12. r Barrier Beaches
Mcate size wider Coastal Beaches and/or Coastal Dunes below
13. r- Coastal Beaches
-Z —squ—arefeet
-�. —squarefeet c. cly nourishment d. c/y nourishment
14. r- Coastal Dunes
-Z—squmfeet b. square c. dy nourishment d. cly nourishment
15. F- Coastal Banks
I �ear feei b. linear feet
16. r- Rocky Intertidal Shores
Zs—quare feet b. square feet
17. r Salt Marshes
—square feet �-.s—quare feet c. square feet d. square feet
18. 1- Land Under Salt Ponds
Zi—quare feet b. square feet
c. cly dredged d. cty dredged
19. r- Land Containing Shellfish
Page 3 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
eDEP Transaction 028419
WPA Form 5 - Order of Conditions City/Town:NORTI-I ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40
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
2 1. 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. I 7.c & d above, please entered the additional amount here.
a. square feet of BVW
23.
b. square feet of Salt Marsh
F Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
I . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five
years, from the date of issuance. If this Order is intended to be valid for more than three years, the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,
until a proceedings before the Department have been -Completed.
Page 4 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
WPA Form 5'- Order of Conditions eDEP Transaction #:728419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH ANDOVER
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:"242-1648"
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 DER
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVIPA Form
8A) to the Conservation Commission.
13. The work shall conformto the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition # 13 above shall require the applicant tc) 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 �f a-ny' 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
Stomiwater 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 tc) the post -construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BW 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
Page 5 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
WPA Forin 5 - Order of Conditions eDEP Transaction #:728419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH ANDOVER
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 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 maintalning the BMP, and that the proposed responsible party shall be treated as a perfiiiitec for
purposes of implementing the requirements of Conditions 19(o 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 13MPs. 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
The responsible party shall operate and maintain all storinwater 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 BW established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from storrawater BWs 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 3 10 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
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Page 6 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
WPA Form 5 - Order of Conditions eDEP Transaction 4:728419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town-NORTH ANDOVER
Special Conditions:
SEEATTACBED
Page 7 of 10 ELECTRONIC COPY
16" A'
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
WPA Form 5 - Order of Conditions eDEP Transaction #:728419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I - Is a municipal wetlands bylaw or ordinance applicable? F Yes r- No
2. The Conservation Commission hereby(check one that 4pplies):
a. i— DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1. Municipal Ordinance or Bylaw
2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to
comply with a municipal ordinance or bylaw:
b. F APPROVES the proposed work, subject to the following
additional conditions.
NORTH ANDOVER
1. Municipal Ordinance or Bylaw WETLANDS
PROTECTION
BYLAW
2. Citation CHAPTER 178
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent the conditions shall control.
The special conditions relating to municipal ordinance'or bylaw are as follows:
SEEATTACHED
Page 8 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1648
WPA Form 5 - Order of Conditions eDEP Transaction #:728419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH ANDOVER
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 0 ' inal 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 Cormnission. 2. Numb�r—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:
r- by hand deliveryon
Date
F. Appeals
F^ycertified mail, return receipt requested, on
Date
The applicant the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten
residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the
Department with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in
3 10 CMR 10.03 (7) within ten business days hrom 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 Departmenfs Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project Previous participation in the pennit 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. 13 1, § 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 4:242-1648
WPA Form 5 - Order of Conditions eDEP Transaction #:728419
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §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.
........................................................................................ I .................................................................................................................
To:
NORTH ANDOVER
Conservation Corrunission
Please be advised that the Order of Conditions for the Project at:
CHESTNUT STREET 242-1648
Project Location
Has been recorded at the Registry of Deeds of
County Book
for:
Property Owner BRUCE THIBODEAU
and has been noted in the chain of title of the affected property in:
Book
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identi�dng this transaction is:
Document Number
Signature of Applicant
MassDEP File Number
Page
Page
Rev. 4/1/2010
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DEP FILE # 242 - 1648
The NACC hereby finds that kheqollowing conditions are 'necessary, in accordaifte Nkith the
Performance Standards set foith in the State Regulations, the local ByLaw and Re' gulations, 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 approximately 2,100 linear feet of new
12 -inch ductile iron water main and appurtenances in Chestnut Street and Rosemont
Drive. Portions of the project are within Riverfront Area and the Buffer Zone to
Bordering Vegetated Wetland (BVW).
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/ Property Owner: Bruce Thibodeau, P.E.
North Andover Division of Public Works
384 Os&�qd Street
North Andover, Massachusetts 01845
.Notice of Intent filed by: Leah Stanton, PR
Weston & Sampson, Inc.
5 Centennial Drive
Peabody, MA 01960
Date filed: February 27, 2015
Site Plans prepared by: Weston & Sampson, Inc.
Titled: Site Rosemont Pump Station Area Water
Main Improvements
(Sheets C-1, D-1, and D-2)
Last Revised: 2-27-15
Stamped by: Leah E. Stanton, P.E.
Other Record Documents: Notice of Intent and supporting information
Town of North Andover, MA
Dated: February 2015
22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
take place prior to the issuance of a Certificate of Compliance.
242-1648, Chestnut—Rosemont Water MaiApecial Conditions I NACC 3/26/201
DEP FILE # 242 - 1648
- ". Q, -C
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least !hiru
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. The following wetland resource areas are affected by the proposed work: Riverfront
Area and Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas
are significant to the interests of the Act and Town ByLaw as noted above and therein.
242-1648, Chestnut—Rosemont Water Main Special Conditions2 2 NACC 3/267/2015
DEP FILE #242 -1648
A The applicant has not attempted to overcome! the presumption of significance of this
resource area to the identified interests.
32. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated and referenced herein.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a tweM five foot (25') No -
Disturbance Zone and a fifty foot (50) No -Construction Zone shall be established from
the edge of the adjacent wetland resource area except as previously developed and
shown on the plans referenced herein. The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these setbacks as established
under the local bylaw. No'disturbance of existing grade, soils or vegetation is
permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local
Regulations).
34. 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 coiiditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35. The owners oi 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.
PRIOR TO CONSTRUCTION
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
li2-1648, Chestnut Rosemont Water 'Main Special Conditions3
NACC 3/2612,015 J. -V
DEP FILE # 242 - 1648
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.
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 242-1648."
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. 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 and dated sequence of construction, including the installation of
sedimentation/ erosion control devices, demolition, drainage installation, mitigation
plantings and all other work planned through final stabilization.
42. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with 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.
43. Straw wattles (biodegradable, no plastic netting) shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed in the location shown on the plans approved and referenced herein and
shall be inspected and approved by the NACC or its agent prior to the start of
242-1648, Chestnut_Rosemont Water Main Special ConditionA NA033/26/2015
DEP FILE # 242 - 1648-, Tl.. 1 � V�'.
construction anO 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 I I
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.
44. Silt sacks will be placed in catch basins within 100 -feet of the work.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling ten (10) hay bales (or equivalent length of filter sock - 1 bale = 3 feet) and
sufficient stakes for staking these bales. Said bales/ sock 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
$3,000 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 patty 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. The applicant shall designate a Wetland Scientist (or other envirom-nental 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.
J! 242-1648, Chestnut—Rosemont W�ter Main Special Conditions5 NACC1126/2015
DEP FILE # 242 - 1648
48. At least once during each week in which construction activitieg occur on-site and for
as long thereafter as ground remains unstable, the applicant shall 'Submit a written
report with photos from the "'Erosion Control Mo rntor" 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 stablel and erosion controls are adequate and secure.
49. 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.
50. Once these above mentioned pre -construction requirements are oomplete, 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, the erosion control monitor and the applicant to ensure that
all of the Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre -construction meeting (e.g. 72
hours).
I "STORMWATER MANAGEMENT CONDITIONS
51. All construction and post -construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
part of the public hearing process, the Department of Environmental Protection
242-1648, Chestnut—Rosemont Water Main Special Conditions6' NACC 3/26/2015
DEP FILE # 242 - 1648
Stormwater Managern�ntoPolicy and as approved by the NACC in this 011deriof
Conditions.
52. 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.
53. Erosion control measures shall be implemented and maintained in accordance with
the Construction Period Pollution Prevention and Erosion and Sedimentation Control
Plan referenced herein and as required by this Order.
54. Water quality in down gradient BVWs 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.
55. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity all swales, detention basins, outlet structures, subsurface storage areas, and
other elements of the drainage system, in order to avoid blockages and siltation which
might cause failure of the system and/ or"detrimental. impacts to on-site or off-site
resource areas, and shall maintain the integrity of vegetative cover on the site.
M�
DURING CONSTRUCTION
56. Upon beginning work, the applicant shall subn-dt written weekly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report (see condition #48).
57. Approved de -watering activities shall be supervised and witnessed by the designated
erosion control monitor. This designee must be on-site while work specific to the
dewatering/ stream crossing is occurring and until this section is complete. De-
watering activities shall be conducted as detailed on the approved plans and shall be
monitored daily by the erosion control monitor to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction of the
Wetlands Protection- Act and/or the North Andover Wetland Bylaw. If emergency de-
watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval, which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
242-1648, Chestnut—Rosemont Water Maid�peeial Conditions7 NACC 3/26/201
DEP FILE # 242 - 1648
58. Associated pavement and roadwa k
,.ys.��hall be swept at least wee ly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation 7
staff for as long as the site remains exposed and un -stabilized. If material is tracked
beyond the construction area onto the adjacent roadways, it will be swept up daily.
59. 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.
60. All exposed soil finish -grade surfaces -shall be immediately landscaped (native
plantings/ seed mixes) and stabilized, or loamed, seeded and mulched, with a layer of
mulch hay or matting (natural fibers only). All disturbed areas must be graded,
loamed and.seeded prior to November 1st of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay or
matting until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
61. 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.
62. There shall be no stockpiling of soil or other material's within one -hundred (100) feet of
any resource area. Stockpiled materials shall be maintained within erosion controls.
63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. Truck washing shall not occur on-site.
64. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
65. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
66. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
ap plicant within one (1) business day. No construction vehicles are to be stored within
242-1648, Chestnut 9-6sernont Water Main Special Condit��ns8 NACC 3/26/2015
DEP FILE # 242 - 1648 . I .. , I.. I
100 febt of wetland resource areas, and no vehicle reffielih
g, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
67. No underground storage of fuel oils shall be allowed on any lot within one -hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towr�s Wetland protection ByLaw.
68. There shall be no dumping of leaves,. grass clippings, brush, or other debris into a
wetland resource area or beyond the 25 -foot No -Disturbance Zone. This condition
shall survive the issuance of a Certificate of Compliance.
69. Upon completion'of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loarning and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
70. Upon approved site stabilization by Conservation staff, the erosion controls shall be
I
removed and proper'l y"' disposed of and all exposed unvegetated areas shall be seeded.
71. Upon completion of the project the applicant shall submit the following to the
Conservation ComrAission 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 requestinga� 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 of the
Commonwealth certifying that the work has been conducted as shown on the
plan(s) and documents referenced above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P. E.) (and/or Registered Professional Land Surveyor if
appropriate) of the Commonwealth, for the public record. This plan will include:
"As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. Specifically, "As -Built" plans should include inverts of all drainage
242-1648, Qp�tnutRosernont Water Main Special:ConditionD ig, NACC 3/26/2015 - ! I
DEP FILE # 242 - 1648
structures above and below grade, and an engineer's certification that the
drainage system has been constructed and is functioning in accordance with
the approved design. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone then the entire structure must be depicted
to accurately verify compliance.
> "'As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
> Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes qU disturbance of soils or vegetation.
);;, Location of all subsurface utilities entering the property
72. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
> 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except as
approved under DEP # 242-1648. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC (refer to
Section 3.4 of the Regulations for performance standards within these zones)
The Conservation Adn-dnistrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local
ByLaw;
> Discharge or spillage of pollutants (Condition #66);
> Prohibition of underground fuels (Condition #67);
> Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #68).
242-1648, Chestnut Rosemont Water Main Special Coiditions 10 NACC 3/26/2015
1 41
DEP FILE # 242 - 1648
APPENDIX A - AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLom
I am the of
(position with applicant) . (applicant name or company name)
the applicant. upon whom Order- of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North -Andover Conservation Commission.
3'. 1 hereby affirm and acknowledge that I have received said'Order of Conditions
and have read the same and unddrstand each
(DEP File #) and everycondition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this — day of 19 –
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File #)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of 19
(Signature - authorized agent of applicant or owner)
242-1648, Chestnut Rosernoig Water Main Special Conditions I I
NOC 3/26/2015
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IL '&
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
1 Fm...
North Andover
Conservation Commission
2. This issuance is for (check one): a. Z Order of Conditions
3. To: Applicant:
Bruce
a. First Name
North Andover Division of Public Works
c. Organization
384 Osgood Street
d. Mailing Address
North Andover
e. City/Town
4. Property Owner (if different from applicant):
Same
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City/Town
b. R Amended Order of Conditions
Thibodeau, P. E.
b. Last Name
MA
f. State
a. First Name b. Last Name
c. Organization
d. Mailing Address
e. City/Town
5. Project Location:
Autran Avenue
11
7.
8.
f. State
North Andover
01845
g. Zip Code
g. Zip Code
a. Street Address
b. City/Town
Plat 22
Street -Right -of -Way
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known:
-
e. Latitude f. Longitude
Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Essex North
4542
a. County
b. Certificate Number (if registered land)
962
205
c. Book
d. Page
Dates: 4/24/09
7/8/09 7/9/09
a. Date Notice dIntent Filed
b. Date Public Hearing Closed c. Date of Issuance
Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan & Details, Sheets 1-6
a. Plan Title
Weston & Sampson Engineers, Inc.
Bruce W. Adams, P. E.
b. Prepared By
c. Signed and Stamped by
July 3, 2009
ill = 40'
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
g. Date
wpaform5.doc - rev. 11 /08 Page 1 of 11
07 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
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
242-1451
MassDEP File Number
Document Transaction Number
North Andover
Cityrrown
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act (the Act).
Check all that apply:
a. Z Public Water Supply
d. Z Private Water Supply
g. Z Groundwater Supply
b. F Land Containing Shellfish . c. Z Prevention of Pollution
e. El Fisheries
f. Z Protection of Wildlife
Habitat
h. 2 Storm Damage Prevention i. E Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. 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:
b. El the proposed Work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect the interests of the Act,
and a final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
C. EJ the information submitted by the applicant is not sufficient to describe the site, th - e work, or the
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. El Buffer Zone Impacts: Shortest distance between limit of project disturbance and
Bank or Bordering Vegetated Wetland boundary (if available)
a. linear feet
Resource Area Proposed Permitted Proposed
Permitted
Alteration Alteration Replacement
Replacement
4. 0 Bank 99 I.f. 99 Lf.
_�. —feet
a. linear ieet linear c. linear feet—
d. linear feet
5. Z Bordering Vegetated 370 s.f. 370.s.f.
Wetland a. square feet square—feet c. sq Tare —feet
d. square feet
170 s.f. 170. s.f
6. Z Land Under Waterbodies a. square-fe—et b. —square feet c. square feet
d. square feet
and Waterways
e. c/y dredged f. c/y dredged
wpaform5.doc - rev. 11/08 Page 2 of 11
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
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City/Town
B. Findings (con't.)
0
Barrier Beaches
13.
Resource Area
Proposed
Permitted
Proposed
Coastal Dunes
Alteration
Alteration
Replacement
7. 0 Bordering Land
E]
Rocky Intertidal Shores
17.
Subject to Flooding
a. square feet
b. square feet
c. square feet
Cubic Feet Flood Storage
g. cubic feet
e. cubic feet
f. 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
9. Riverfront Area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet
Sq ft between 100-200 ft
g, square feet
h. square feet
i. square feet
Coastal Resource Area Impacts:
Check all that apply
below. (For Approvals Only)
10. 0 Designated Port Areas
Indicate size under Land Under the
Ocean, below
11. F71 Land Under the Ocean
a. square feet
b. square feet
12.
0
Barrier Beaches
13.
F�
Coastal Beaches
14.
Coastal Dunes
15.
Coastal Banks
16.
E]
Rocky Intertidal Shores
17.
Salt Marshes
18.
Land Under Salt Ponds
19. F� Land Containing
Shellfish
20. F� Fish Runs
21. [:1 Land Subject to Coastal
Storm Flowage
Permitted
Replacement
d. square feet
h. cubic feet
f. cubic feet
j, square feet
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. cly nourishmt. d. c/y nourishmt.
a. square feet b. square feet c. c/v nourishmt. d. c/v nourishmt-
a. linear feet b. linear feet
a. square feet b. square feet
d. square feet
a. square feet b. square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Banks, Inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a. c/y dredged b. c/y dredged
wpaform5.doc - rev. 11108 Page 3 of 11
Ll'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
242-1451 -
MassDEP File Number
Document Transaction Number
North Andover
City/Town
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 tkan 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.
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.
9. A sign shall be displayed at the site not less then two square feefor more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number 242-1451
wpaform5.doc - rev, 11 /08 Page 4 of 11
Ll'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
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
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 MassDEP.
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 w 6 fland 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
18. The work associated with this Order (the "Project") is (1) 0 is not (2) [] subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices (BMPs) shall remain in place until the site is fully stabilized.
wpaform5.doc - rev. 11/08 Page 5 of 11
Ll'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
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and
until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as -built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, a I s per the
requirements of Stormwater Standard iO;
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 18(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and
certifying the following: i.) the 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 Pollution Discharge
Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform5.doc- rev. 11/08 Page 6 of 11
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
242-1451
MassDEP File Number
Document Transaction Number
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal (for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is in compliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits) shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement�of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Z Yes F-1 N o
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. [:1 that the proposed work 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 of Conditions is issued.
wpaform& doc - rev. 11/08 . Page 7 of 11
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Condition I s
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.)
b. Z that the following, additional conclitions are necessary to comply with a municipal ordinance or
. bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2. Citation
I The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):
See Attached
wpaform5.doc - rev. 11 /08 Page 8 of 11
Ll'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
F. Appeals
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City[Town
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 MassDEIP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided
in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be
required to demonstrate prior participation in the review of this project. Previous participation in the permit
proceeding means the submission of written information to the Conservation Commission prior to the
close of the public hearing, requesting a Superseding Order, or providing written information to the
Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 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, Recordinginformation, is available on the following page.
wpaform5. doc - rev. 11 /08 Page 10 of 11
DEP FILE # 242 - 1451
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 Mi
19. The proposed work includes: the installation of approximately 1,800 linear feet of 12 -inch
to 36 -inch drainage pipe in Autran Avenue discharging to an intermittent stream through
a flared end pipe. Large boulders and rip -rap will be placed in the stream bed for energy
dissipation at the recommendation of a FEMA representative. Other drainage
improvements include the addition of catch basins with 4 -foot deep sumps and hoods.
Gas Company repairs may also be conducted during work on the drainage system if
required. The proposed work is within Bordering Vegetated Wetland (BVW), Inland
Bank, Land Under Waterbodies and Waterways and the buffer zones thereto.
20. The work shall conform to the following:
Notice of Intent: Town of North Andover, MA
Autran Avenue Drainage Improvements Project
April 24, 2009
Prepared for: Town of North Andover
Division of Public Works
384 Osgood Street
North Andover, MA 01845
Prepared by: Weston & Sampson, Inc., Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Site Plans prepared by: Weston & Sampson, Inc., Bruce W. Adams, P.E.
5 Centennial Drive
Peabody, MA 01960
Titled: Autran Avenue Drainage Improvements, July
2009, Sheets 1-6
Dated: July 3, 2009
21. 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
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DEP FILE # 242 - 1451
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.
22. 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.
23. 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.
24. 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.
25. 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.
26. The work authorized hereunder shall be completed within three years from the date of
this order.
27. 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 tinty-
days (30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the
North Andover Wetland Regulations).
28. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
29. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
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30. Any future project which proposes a wetland crossing in order to access certain portions
- of the property will not be qualified as a lin-tited project roadway under 310 CMR 10.53(e).
31. The following wetland resource areas are affected by the proposed work: Bordering
Vegetated Wetland (BVW), Inland Bank, Land Under Waterbodies and Waterways and
associated buffer zones. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above and therein. The applicant has not attempted to overcome
the presumption of significance of these resource areas to the identified interests.
32. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twe= five foot (25') No -Disturbance Zone and
a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent
wetland resource except as follows: Waiver of the 25 -foot No -Disturbance Zone and 50 -
foot No -Build Zone for temporary disturbance within roadway and installation of new
flared outlet pipe and rip -rap. 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 III(D) & Appendix G of the local Regulations).
34. Three trees (two dead) will be removed as part of the proposed work. The NACC accepts
the planting of seven (7) highbush blueberry (Vaccinium corymbosum) in the tree removal
sites as mitigation.
35. Work activities shall be performed in the summer months during low flow conditions to
minimize impacts to the stream and associated resource areas. The applicant shall notify
the NACC to confirm that conditions are suitable to commence work.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
37. Issuance of these Conditions by the NACC 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. Maintenah ce of the drainage system is the responsibility of the Town.
PRIOR TO CONSTRUCTION
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3.8. No -work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such -an appeal has been filed, until all proceedings. before the Department,
or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
.of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "'Massachusetts DEP, File Number 242-1451."
41. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of compensation
and retention areas, installation of sedimentation/ erosion control devices and re -
vegetation to be completed before other work begins on-site.
44. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall
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be checked and replaced as necessary and shall.be maintained until all construction is,
complete. Workers should be informed that no use'of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time.
45. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC 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.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence, 1 hay bale to equal 3 feet of 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.
47. A check payable to the Town of North Andover shall be provided in the amount of $5,000
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the
NACC, and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
48. 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.
49. The applicant shall designate a Wetland Scientist (or other environmental professional as
approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
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emergency at the site, during any 24-hour period, including weekends. This person shall
be given the authority to stop construction for erosion control purposes and will
immediately notify the Conservation agent of any matter that requires attention by the
Commission or the agent. The erosion control monitor will be required to inspect all such
-devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt. At least once during each week in which
construction activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report from the "Erosion Control
Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based
on a careful site inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The erosion control monitor
must visually inspect all sedimentation/ erosion control measures and assume
responsibility for their maintenance on a weekly basis and that they are functioning as
intended. In addition, all wetland resource areas must be visually inspected for siltation,
turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on
site during and/or following a major storm event of 1/2"inch of rain or greater (24 hour
event) to ensure that soils remain stable, and erosion controls are adequate and secure.
50. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" with signs or markers spaced evenly every 25 feet incorporating the
following text: "Protected Wetland 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. 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.
51. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "'Compliance Certification Form Affidavit" attached via "Appendix A" signed under
the pains and penalties of perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
52. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the 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 pern-tit's terms and
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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).
11STOR=ATER MANAGEMENT CONDITIONS
53. 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.
54. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from,the pre -development conditions. There shall be no sedimentation- into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
55. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collection basins, traps, outlet structures, subsurface storage areas, and other elements in
the drainage system in order to avoid blockages and siltation which might cause failure in
the system and/or detrimental impacts to on-site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
56. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
57. Approved de-waterin
g activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work specific to
the wetland crossing is occurring and until this section is complete. De -watering activities
shall be conducted as detailed in the Notice of Intent and shall be monitored daily by the
erosion control monitor to ensure that sediment laden water is appropriately settled prior
to discharge toward the wetland resource areas. No discharge of water is allowed
directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the
North Andover Wetland Bylaw. If emergency de -watering requirements arise, the
applicant shall submit a contingency plan to the Commission for approval, which
provides for the pumped water to be contained in a settling basin, to reduce turbidity
prior to discharge into a resource area.
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58. Any fill, used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including�but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing.
59. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
60. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip -rapped to provide permanent stabilization.
61. There shall be no stockpiling of soil or other materials within 100 -feet of any watercourse
per the Notice of Intent.
62. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
63. 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.
64. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
65. 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.
FAFTER CONSTRUCTION
66. 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.
67. 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
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shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
68. 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.
69. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Conu-nission as part of a request for a Certificate of Compliance:
a. V\TPA 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.
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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 �aLny disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
71. 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 # 242-1451. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section XI (page 18) of the Regulations for performance standards
within these zones) The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
�� Resource Area Markers (Condition #50);
�, Discharge or spillage of pollutants (Condition #65);
�� Prohibition of underground fuels (Condition #66);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#67).
)�, Maintenance of Stormwater Management Structures (Condition #55)
242-145 1, Autran Ave Drainage Improvements, DPW.doc NACC 7/9/2009
Ll'Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act V.G.L. c. 131, §40
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City/Town
E. Signatures and Notary Acknowledgement
This Order is valid for three years, unless otherwise specified as a special 71�7101
condition pursuant to General Conditions #4, from the date of issuance. 1. Dat� of I�suance
Please indicate the number of members who will sign this form. 62
This Order must be signed by a majority of the Conservation Commission. 2. Numbei 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 p pe . 6owner, if different
from applicant.
Sigi
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day I? of
Before me, the undersigned Notary Public,
personally appeared
Essex North
— -J-0 (V - — C06)62
Month / Year
John Mabon
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of 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 ol
DONNA M. WEDGE
0 g:
tJ8UC
SS
7 ACHU
T P
C I vr
I:ONV
L
COM . Xpr ug
NOTARY PtUJBUC
OMRJONWEALTH OF MASSACHUSETTS
71'
1,Ay Comm. Expires A:ug. 7, 2:009
City/Town
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
(3 by hand e ivery on
in rev
Date
Conservation Commission
of Notary Public
bnoz,�,4 Iii zd/---D
Printed Name ofiNotary Public
'P )� / ?66 -1
My Cor0missAn Expires (Date)
f3 by certified mail, return receipt requested, on
Date
wpaform5.doc - rev. I 1 /08 Page 9 of 11
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
G. Recording Information
242-1451
MassDEP File Number
Document Transaction Number
North Andover
City/Town
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:
Autran Avenue 242-1451
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for:
North Andover Division of Public Works
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument In umber identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5. doc - rev. 11/08 Page I I of 11
DEP FILE # 242 - 1451
APPENDIX A - AFFIDAVIT
I . on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
2. 1 am the
LIM
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.
Ell
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. 1 hereby affirm and acknowledge that on this - day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order, of Conditions are presently in compliance.
(DEP File #)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this - day of .19
(Signature - authorized agent of applicant or owner)
242-1451, Autran Ave Drainage Improvements, DPW.doc NACC 7/9/2009
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1
WPA Form 5 - Order of Conditions eDEP Transaction #: 5 5
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH AT
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a. F 00C b. r- Amended OOC
3. Applicant Details
a. First Name BRUCE b. Last Name TH030DEAU
c. Organization TOWN OF NORTH ANDOVER DPW
d. Mailing Address 384 OSGOOD STREET
e. City/Town NORTH ANDOVER f. State MA g. Zip Code 0
4. Property Owner
a. First Name b. Last Name
c. Organization TOWN OF NORTH ANDOVER
d. Mailing Address 120 MAIN STREET
e. City/Town NORTH ANDOVER f State MA g. Zip Code
5. Project Location
a. Street Address PLEASANT STREET
b.City/Town NORTHANDOVER c. Zip Code 01845
d. Assessors Map/Plat# 0 e. Parcel/Lot# 0
f Latitude 42.69147N g. Longitude 71.10875W
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book d. Page
NORTHERN ESSEX 719
7.Dates
a. Date NOI Filed: 4/11/2013 b. Date Public Hearing Closed: 4/24/2013 c. Date Of Issuance: 5/8/2013
81inal Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
FIGURES 1-3 AQUATIC CONTROL N/A 11-20 & 11-28-12 VARIES
TECHNOLOGY, INC.
FIGURE 3 AQUATIC CONTROL N/A 04-02-13 1-1,500,
TECHNOLIGY
B. Findings
Page I of 10 * ELECTRONIC COPY
592
9631
OVER
1845
01845
a. Date NOI Filed: 4/11/2013 b. Date Public Hearing Closed: 4/24/2013 c. Date Of Issuance: 5/8/2013
81inal Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
FIGURES 1-3 AQUATIC CONTROL N/A 11-20 & 11-28-12 VARIES
TECHNOLOGY, INC.
FIGURE 3 AQUATIC CONTROL N/A 04-02-13 1-1,500,
TECHNOLIGY
B. Findings
Page I of 10 * ELECTRONIC COPY
Massachu*setts Department of Environmental Protection "Provided by MassDEP:
LBureau of Resource Protection - Wetlands MassDEP File #:242-1592
WPA Form 5 - Order of Conditions eDEP Transaction #:559631
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH ANDOVER
I.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
d. F Private Water Supply
g. F Ground Water Supply
b. F, Land Containing Shellfish
e. F, Fisheries
h. F Storm Damage Prevention
2. Commission hereby finds the project as proposed, is:
c. F Prevention of Pollution
f. F, Protection of Wildlife Habitat
i. F Flood Control
Approved subject to:
a. F, The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent these conditions shall control.
Denied because:
b. F The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act and a final Order of Conditions is issued. A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c. F The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests
identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3. r- Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource
area specified in 3 IOCMRIO.02(l)(a). a. linear feet
Inland Resource Area Impacts:(For Approvals Only):
Proposed
Permitted
Proposed
Permitted
Resource Area
Alteration
Alteration
Replacement
Replacement
4. r- Bank
a. linear feet
b. hear feet
c. linear feet
d. linear feet
5. F Bordering Vegetated Wetland
a. square feet
b. square feet
c. square feet
d. square feet
6. F Land under Waterbodies and Waterways
2038911
2038911
2038911
2038911
a. square feet
b. square feet
c. square feet
d. square feet
0
0
e. c/y dredged f. c/y dredged
Page 2 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File 4:242-1
WPA Form 5 - Order of Conditions eDEP Transaction #:55
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town:NORTH AT
9. r-, Riverfront Area
Sq ft within 100 ft
Sq ft between 100-200 ft
Coastal Resource Area Impacts:
Resource Area
10. r- Designated Port Areas
11. F- Land Under the Ocean
12. r Barrier Beaches
13. r Coastal Beaches
14. r Coastal Dunes
15. r Coastal Banks
16. r Rocky Intertidal Shores
17. F Salt Marshes
18. r Land Under Salt Ponds
19. 1- Land Containing Shellfish
c. cubic feet
d. cubic feet
592
a. total sq. feet
9631
c. square feet
d. square feet
OVER
7. r- 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. r- Isolated Land Subject to Flooding
a. square feet b. square feet
Cubic Feet Flood Storage
9. r-, Riverfront Area
Sq ft within 100 ft
Sq ft between 100-200 ft
Coastal Resource Area Impacts:
Resource Area
10. r- Designated Port Areas
11. F- Land Under the Ocean
12. r Barrier Beaches
13. r Coastal Beaches
14. r Coastal Dunes
15. r Coastal Banks
16. r Rocky Intertidal Shores
17. F Salt Marshes
18. r Land Under Salt Ponds
19. 1- Land Containing Shellfish
c. cubic feet
d. cubic feet
a. total sq. feet
b. total sq. feet
c. square feet
d. square feet
g. square feet
h. square feet
e. cubic feet f cubic feet
e. square feet f square feet
i. square feet j. square feet
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
Indicate size under Land Under the Ocean, below
a. square feet b. square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
7 —square feet b. —square feet c. c/y nourishment d. c/y nourishment
'� —squarefeet K —squ—arefeet c. c/y nourishment d. c/y nourishment
7-Ee—arfeet b. linear feet
� —square feet b. square feet
�. —square feet Ts—quare feet c. square feet d. square feet
7 —square feet b. square feet
c. c/y dredged d. c/y dredged
Page 3 of 10 * ELECTRONIC COPY
LiMassachusetts Department of Environmental Protection -Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1592
"ATA Form 5 - Order of Conditions eDEP Transaction 4:559631
lt Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town-NORTH ANDOVER
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
2 1, 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 BVW
23.
b. square feet of Salt Marsh
F Streams Crossing(s)
if the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings
b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
I . Failure to comply with all conditions stated hereh 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 perrnittee or any other person of the necessity of complying with all other applicable federal,
state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five
years, from the date of issuance. If this Order is intended to be valid for more than three years, the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,
until all proceedings before the Department have been completed.
Page 4 of 10 * ELECTRONIC COPY
LlMassachusetts Department of Environmental Protection - Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1592
WPA Form 5 - Order of Conditions eDEP Transaction #:559631
l� Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town NORTH ANDOVER
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:"242-1592"
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 DER
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) F 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 storinwater 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 stonnwater attenuation, recharge, and/or treatment the conversion is allowed by the MassDEP Stormwater
Handbook BNT specifications and that the BMP has been property 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
Page 5 of 10 * ELECTRONIC COPY
d)
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
Provided by MassDEP:
MassDEP File #:242-1592
eDEP Transaction #:559631
City/Town-.NORTH ANDOVER
BMP plans are included, signed and stamped by a Registered Professional Engineer, certif�iing 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.
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(c)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ("O&M Statement") for the Stormwater ]3MPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan (11O&M Plan") and certit�ing the following: 0 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. lution
Post- construction pollution prevention and source control shall be implemented in accordance with the long-term pol
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.
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(� through 19(k) with respect to that BMP. Any failure Of the
proposed responsible parry to implement the requirements of Conditions 19(� 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.
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.
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 storrnwater management system or any part thereof, and disposal (for disposal the
log shall indica . te the type of material and the disposal location); Commission ("Commission") upon request and
2. Make the maintenance log available to MassDEP and the Conservation
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. accordance with all applicable
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 3 10 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.
J) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Page 6 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by assDEP:
-1-NrD r; 1 44 ')A) I rQ')
Bureau of Resource Protection - Wetlands as � s -
MTA Form 5 - Order of Conditions eDEP Transaction #:559631
City/TownNORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, 9,10
Special Conditions:
SEE ATTACHED.
Page 7 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1592
WPA Form 5 - Order of Conditions eDEP Transaction #:559631
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable? F Yes F No
2. The Conservation Commission hereby(check one that gpplies):
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:
F APPROVES the proposed work, subject to the following
additional conditions.
NORTH ANDOVER
1. Municipal Ordinance or Bylaw WETLAND
PROTECTION
BYLAW
2. Citation CHAPTER 178
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protectio n -
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40
E. Signatures
This Order is valid for three years from the date of issuance, unless otherwise specified
pursuant to General Condition 44. If this is an Amended Order of Conditions, the Amended
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.
Provided by MassDEP: -
MassDEP File #:242-1592
eDEP Transaction #:559631
City/Town:NORTH ANDOVER
5/8/2013
1. Date of Original Order
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.
tures:
Signa ;W
T' '/ V
r- by hand delivery on
r- by certified mail, return receipt requested, on
Date Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten
residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the
Department with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in
3 10 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. 13 1, § 40), and is
inconsistent with the wetlands regulations (3 10 CN1R 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 #:242-1592
WPA Form 5 - Order of Conditions eDEP Transaction #:559631
Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §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:
PLEASANT STREET
Project Location
Has been recorded at the Registry of Deeds of -
County Book
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this ti-ansaction is:
Document Number
Signature of Applicant
242 -1592
MassDEP File Number
Page
Page
Rev. 4/1/2010
Page 10 of 10 * ELECTRONIC COPY
DEP FILE # 242 - 1592
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 modffy or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
11 GENERAL- CONDITIONS j
20. The proposed work includes: an Aquatic Management Program on Stevens Pond to
control nuisance algae growth utilizing treatment with USEPA and state registered
aquatic herbicides and algaecides. Work will improve the natural capacity of the resource
area to function. A sampling and monitoring program is included.
21. The work shall conform to the following:
Applicant: Bruce Thibodeau
North Andover DPW
384 Osgood Street
North Andover, MA 01845
Representative: Marc Bellaud
Aquatic Control Technology, LLC
11 John Road
Sutton, MA 01590
Dated: April 2013
Site Plans prepared by: Aquatic Control Technology, Inc.
Title: Figure 1 - Site Locus
Date: 11-28-12
Title: Figure 2 - 2012 Vegetation Assemblages
Date: 11-20-12
Title: Figure 3 - Water Quality Sampling
Date: 11-20-12
Title: Figure 3 - NHESP Priority Habitat
Date: 04-02-13
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
242-1592, Stevens Pond - Aquatic Mgt Program I NACC 5/9/2013
DEP FILE # 242 — 1592
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
27. The work authorized hereunder shall be completed within five (5) years from the date of
this order as allowed under 310 CMR: 10.05(6)(d). The NACC recognizes the need to
provide long-term management of the area to control the nuisance algae problem is a
special circumstance warranting a five year order.
28. By request of the applicant and due to special circumstances outlined in the Notice of
Intent and Condition #27 above, this order is extended for two additional periods of one
year each as outlined in Section 8.3 of the North Andover Wetland Regulations. No
additional fee or notification is required.
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.
242-1592, Stevens Pond - Aquatic Mgt Program 2 NACC 5/9/2013
DEP FILE # 242 — 1592
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: Land Under
Waterbodies and Waterways. This resource area is 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 this resource area to the identified interests.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot (25') NO -Disturbance Zone and
a fift foot (50) No -Construction Zone shall be established from the edge of the adjacent
wetland resource area except as shown on the herein referenced site plans. The
Conservation Administrator and/or other agents of the NACC do not have the authority
to waive these setbacks as established under the local bylaw.
34. 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.
35. 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 beach and swimming area
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.
FPRIOR TO CONSTRUCTION
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 untilthe 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
242-1592, Stevens Pond - Aquatic Mgt Program 3 NACC 5/9/2013
DEP FILE # 242 — 1592
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.
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 242-1592." Prior
to application of herbicide/ algaecide application, signs shall be posted informing around
Steven's Pond at regular intervals notifying the public of the application and any
associated restrictions.
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. 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 including dates of the herbicide/ algaecide application,
follow-up monitoring and sampling dates. Approval of the sequence is required prior to
construction.
42. Equipment access and staging areas shall be clearly identified prior to the start of work.
Workers should be informed that no use of machinery, storage of machinery or materials,
or construction activity is to occur beyond the staging area without prior approval from
the Conservation Department.
43. The use of erosion controls is not required by this Order. However, all erosion prevention
and sedimentation protection measures found necessary during the Aquatic Management
Program 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
242-1592, Stevens Pond - Aquatic Mgt Program 4 NACC 5/9/2013
DEP FILE # 242 — 1592
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request.
44. At least once during each week in which herbicide/ algaecide application occurs the
applicant/ contractor must visually inspect the work/ application area for siltation,
turbidity, wildlife/ fish kills and/or other water quality impacts. The applicant/ contractor
shall notify the Conservation Department of any matter that requires attention by the
Commission or the agent. The NACC will receive a copy of all monitoring reports or
assessments produced as part of the project.
45. 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.
46. Prior to commencement of any activities on site, a meeting shall be scheduled at the site
with representatives from the DCR, Lycott Environmental, Inc., the contractor(s) and the
Conservation Department to review the proposed work and ensuing conditions and
review the installed erosion controls. This Order shall be included in all 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
supervisor responsible for the coordination of the proposed work and to ensure
compliance with this Order.,
FATER MANAGEMENT CONDITIONS
47. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre -development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
DURING CONSTRUCTION
48. All work herbicide/ algaecide application shall be performed by properly licensed
applicators.
242-15 92, Stevens Pond - Aquatic Mgt Program 5 NACC 5/9/2013
DEP FILE # 242 — 1592
49. Work activities shall follow the application techniques, procedures, monitoring and
product specifications as submitted in the Notice of Intent referenced herein.
50. No change in grade/ deepening or alteration of the pond bottom or along the
shores/banks of the pond shall be allowed during or as a result of the approved activities.
51. Herbicide/ algaecide activities shall be limited to those areas detailed in the proposed
management area shown on the plans referenced herein, unless otherwise approved by
this department.
52. Any collected nuisance vegetation shall be taken off site and transported to an approved
compost facility.
53. If unforeseen problems occur during the project which may adversely affect the statutory
interests of the Wetlands Protection Act or the By-law, upon discovery by either the
NACC, its agent, or the applicant, the NACC shall immediately be notified, and an
immediate meeting shall be held between the NACC (or its agent) with the applicant and
other concerned parties, to determine the best corrective measures to be employed. The
applicant shall then act to cure the problems using the corrective measures agreed upon.
Subsequent to resolution, the activity and resulting corrective actions shall be
documented in writing.
54. The work areas 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.
55. No dewatering activities are proposed. 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. A ring of hay bales shall surround the discharge
area and a silt sock shall be used. De -watering activities anticipated shall be supervised
and witnessed by the designated Environmental Monitor. 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 Environmental Monitor to ensure that sediment laden
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction under the MA
Wetlands Protection Act and / or the North Andover Wetlands Bylaw.
56. There shall be no, stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
57. Washings; from trucks, or other debris, sand, vegetation, shall not be directed to any
drainage system or wetland resource area.
242-1592, Stevens Pond - Aquatic Mgt Program 6 NACC 5/9/2013
DEP FILE # 242 — 1592
58. All waste generated by, or associated with, the approved 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.
59. 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
60. 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.
61. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
62. 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.
63. Immediately upon completion of Aquatic Management activities, the Conservation
Department shall be notified for a post application inspection. The applicant will gather
data on the effects of management and environmental changes. A report will be
submitted to the NACC with recommendations for the following year until the Aquatic
Management Program is complete. All data collected and analyzed will be shared with
the NACC.
64. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
242-15 92, Stevens Pond - Aquatic Mgt Program 7 NACC 5/9/2013
DEP FILE # 242 - 1592
65. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "'Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating 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 the applicant's representative stating that work was done
as approved including the post -management testing and report.
66. 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 # 242-1592. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
�> Discharge or spillage of pollutants (Condition #59);
�> Prohibition of underground fuels (Condition #60);
);I- Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#61).
242-1592, Stevens Pond - Aquatic Mgt Program 8 NACC 5/9/2013
DEP FILE # 242 - 1592
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. 1 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 mimber)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
R—A
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. 1 hereby affirm and acknowledge that on this — day of 20
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions — are presently in compliance.
(DEP File #)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this — day of 20
(Signature - authorized agent of applicant or owner)
242-1592, Stevens Pond - Aquatic Mgt Program 9 NACC 5/9/2013
Ll)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
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A. General Information
242-1458
MassDEP File Number
Document Transaction Number
North Andover
City/Town
North Andover
1. From: —
Conservation Commission
2. This issuance is for (check one): a. Z Order of Conditions b. F-1 Amended Order of Conditions
3. To: Applicant:
Bruce
a. First Name
Town of North Andover Division of Public Works
c. Organization
384 Osgood Street
d. Mailing Address
North Andover
e. Cityrrown
4. Property Owner (if different from applicant):
Thibodeau, P. E.
b. Last Name
MA
f. State
01845
g. Zip Code
a. First Name
b. Last Name
Town of North Andover
c. Organization
120 Main Street
d. Mailing Address
North Andover MA
01845
e. City[Town f. State
g. Zip Code
5. Project Location:
Waverly Road (Sewer Pr9ject)
North Andover
a. Street Address
b. City/Town
N/A
N/A
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known:
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 Number (if registered land)
N/A
N/A
c.Book
d.Page
7. Dates: 7/8/09 8/26/09
– 9/14/09
a. Date Notice of Intent Filed b. Date Publi�H_eanngClosed
c. Date of Issuance
8. Final Approved Plans and Other Documents (attach
additional plan or document references as
needed):
Sewer Upgrade Project, Waverly Road, Greene Street to Route 114
Sheets G100, C100 -Cl 14, C200-201 and TMP.
Woodard & Curran
T. Daltorio, P. E.
b. Prepared By
-David
c. Signed and Stamped by
August 2009
ill = 20'
d. Final Revision Date
e. Scale
Dewatering Discharge Disposal Detail
9/9/09
f. Additional Plan or Document Title
g. Date
wpaform5. doc - rev. 11 /08 Page 1 of 11
Ll'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
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
242-1458
MassDEP File Number
Document Transaction Number
North Andover
City/Town
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 thefollowing interests of the Wetlands Protection Act (the Act).
Check all that apply:
a. Z Public Water Supply b. El Land Containing Shellfish c. Z Prevention of Pollution
d. N Private, Water Supply e. [:1 Fisheries f. Z Protection of Wildlife
Habitat
g. Z Groundwater Supply h. 0 Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the . project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. 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:
b. [I the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect the interests of the Act,
and a final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. 0 the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. [Z Buffer Zone Impacts: Shortest distance between limit of project disturbance and
12
Bank or Bordering Vegetated Wetland boundary (if available)
a. linear feet
Resource Area Proposed Permitted Proposed
Permitted
Alteration Alteration Replacement
Replacement
4. El Bank
-feet
a. linear feet linear feet c. linear feet
linear
_b.
5. 0 Bordering Vegetated
Wetland a. squa�e -feet square feet c. square feet
d. square feet
6. El Land Under Waterbodies a. square feet square feet c. squw-e -feet
d square feet
and Waterways
e. c/y dredged f. c/y dredged
wpaform5. doc - rev. 11 /08
Page 2 of 11
Massachusetts Department of Environmental Protection
242-1458
Bureau of Resource Protection
- Wetlands
MassDEP File Number
WPA Form 5 - Order of Conditions
Document Transaction
Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
North Andover
City/Town
B. Findings (cont.)
Resource Area
Proposed Permitted
Proposed
Permitted
Alteration Alteration
Replacement
Replacement
7. Bordering Land
Subject to Flooding
a. square feet b square feet
c. square feet
d. square feet
Cubic Feet Flood Storage
-feet
e. cubic feet f. cubic feet
g. cubic feet
h. cubic
8. Isolated Land Subject
to Flooding
a. square feet square feet
Cubic Feet Flood Storage
c. cubic feet d. cubic feet
e. cubic feet
f. cubic feet
9. Riverfront Area
a. total sq. feet b. total sq. feet
Sq ft within 100 ft
c. square feet d. square feet
e. square feet
f. square feet
Sq ft between 100-200 ft
g. square feet square feet
i. square feet
j. square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. El Designated Port Areas
Indicate size under Land Under the Ocean, below
11. El Land Under the Ocean
a. 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. El Coastal Beaches
a. square feet b. square feet
c. c/y nourishmt.
d. c/y nourishmt.
14. El Coastal Dunes
a. square feet b. square feet
c. c/y nourishmt.
d. c/y nourishmt.
15. El Coastal Banks
a. linear feet b. linear feet
16. 0 Rocky Intertidal Shores
a. square feet b. square feet
17. F-1 Salt Marshes
-feet
a. square feet b. square feet
c. square
d. square feet
18. F� Land Under Salt Ponds
a. square feet b. square feet
c. c/y dredged d. c/y dredged
19. El Land Containing
Shellfish a. square feet b. square -feet c. square feet d. square feet
20. F� Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
21. E] Land Subject to Coastal
Storm Flowage a. square feet b. square feet
wpaform5, doc - rev. 11/08 Page 3 of 11
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
242-1458
MassDEP File Number
Document Transaction Number
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
I . 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 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.
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, "MassDEP"]
"File Number 242-1458
wpaform5.doc - rev. 11 /08 Page 4 of 11
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
242-1458
MassDEP File Number
Document Transaction Number
North Andover
City/Town
L;. Ueneral Gonditions Under Massachusetts Wetlands Protection -Act
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 MassDEP.
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 boundarV markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Co-mmission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been f . ully
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 da,ily 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
18. The work associated with this Order (the "Project") is (1) Z is not (2) F1 subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices (BMPs) shall remain in place until the site is fully stabilized.
wpaform5.doc - rev. 11/08
Page 5 of 11
Ll�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
242-1458
MassDEP File Number
Document Transaction Number
North Andover
CityfTown
U. Uenerall Conditions, Under Massachusetts Wetlands Protection -Act(cont.)
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and
until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as -built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per the
requirements of Stormwater Standard 10;
iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all
planting plans) approved by the issuing authority, and have been inspected to ensure that they are not
damaged and that they are in proper working condition;
v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BIVIP maintenance until the issuing authority is notified that
another party has legally assumed responsibility for BMP maintenance. Prior to requesting a
Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in
General Condition 18(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and
certifying the following: i.) the 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 Pollution Discharge
Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater l3MPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform5.doc - re.y. 11 /08 Page 6 of 11
Ll'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
242-1458
MassDEP File Number
Document Trans�ction Number
North Andover
CityfTown
U. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1 - Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal (for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is in compliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits) shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1 - Is a municipal wetlands bylaw or ordinance applicable? Z Yes F-1 N o
2. The North Andover
Conservation Commission
hereby finds (check one that applies):
a. El that the proposed work 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 of Conditions is issued.
wpaform5. doc - rev. 11 /08
Page 7 of 11
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
242-1458
MassDEP File Number
Document Transaction Number
North Andover
Cityrrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.)
b. 0 that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2. Citation
3. The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):
See Attached
wpaform5. doc - rev. 11 /08 Page 8 of 11
DEP FILE # 242 - 1458
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
19. The proposed work includes: replacement of approximately 4,800 linear feet of gravity
sewer with a new 30" diameter gravity sewer interceptor on Waverly Road between the
intersection of Route 114 and Greene Street. Work is proposed within buffer zone to
Bordering Vegetated Wetland (BVW), Inland Bank, Land Under Waterbodies and
Waterways (LUWW) and Isolated Vegetated Wetland (Bylaw Resource Area). New side
walk, granite curbing, stormwater improvements and associated site work are also
included.
20. The work shall conform to the following:
Notice of Intent: Waverly Road Sewer Upgrade Project
T� ly 2009
J U
Prepared for: Town of North Andover
Sewer Department
384 Osgood Street
North Andover, MA 01845
Prepared by: Woodard & Curran
980 Washington Street, Suite 325
Wilmington, MA 01887
Site Plans prepared by: David T. Daltorio, Woodard & Curran
95 Cedar Street, Suite 100, Providence, RI 02909
Titled: Sewer Upgrade Project, Waverly Road (Greene St. to
Rt. 114)
Date: August 2009
Sheets: G100, C100 -C114, C200-201 and TMP
Other Record Documents: Dewatering Discharge Disposal Detail
Received: September 9, 2009
21. 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
242-1458 Waverly Road Sewer Upgrade.doc I NACC 9/14/2009
DEP FILE # 242 - 1458
in writing within 30 days of all transfers of title of any portion of property that takes place
prior t o the issuance of a Certificate of Compliance.
22. 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.
23. 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.
24. 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.
25. 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.
26. The work authorized hereunder shall be completed within three years from the date of
this order.
27. 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 ihirrty
days (30) prior to the expiration date of the Order (Refer to Section WIT (B)(p.33) of the
North Andover Wetland Regulations).
28. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
29. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW), Land Under Waterbodies and Waterways
242-1458 Waverly Road Sewer Upgrade.doc 2 NACC 9/9/2009
DEP FILE # 242 - 1458
(LUWW), Inland Bank and Isolated Vegetated Wetland. These resource areas are
significant to the interests of the Act and Town ByLaw as noted above and therein. The
applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas: Areas A,
B, C and an unnamed series to the north of Area C.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause furth ' er 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 fff!y foot (50") No -Construction Zone shall be established from the edge of the adjacent
wetland resource except as follows: Waiver of the 25 -foot No -Disturbance Zone and 50 -
foot No -Build Zone for disturbance within the sewer easement and roadway layout. 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 pern-titted in the No -Disturbance zone except as noted herein.
(See Section 111(D) & Appendix G of the local Regulations).
33. No disturbance of Wetland Resource Areas is approved.
34. 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.
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
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
242-1458 Waverly Road Sewer Upgrade.doe 3 NACC 9/9/2009
DEP FILE # 242 - 1458
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 subn-dtted 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.
38. A sign shall be displayed at t he sites not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1458.
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. 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 the construction of compensation
and retention areas, installation of sedimentation/ erosion control devices and re -
vegetation to be completed.before other work begins on-site.
42. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with 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.
43. A row of staked hay bales backed by trenched siltation fence and other erosion controls
detailed in the Notice of Intent shall be placed between all construction areas and
wetlands. The erosion control barriers will be properly installed and placed as shown on
the plans approved and referenced herein and shall be inspected and approved by the
NACC or its agent prior to the start of construction and shall remain intact until all
242-1458 Waverly Road Sewer Upgrade.doc NACC 9/9/2009
DEP FILE # 242 - 1458
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.
44. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 20 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the amount of $3,000
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.
46. The applicant shall designate a Wetland Scientist (or other envirom-nental professional as
- approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This person shall
be given the authority to stop construction for erosion control purposes and will
immediately notify the Conservation agent of any matter that requires attention by the
Commission or the agent. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt. At least once during each week in which
construction activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report from the "Erosion Control
Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based
on a careful site inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The erosion control monitor
must visually inspect all sedimentation/ erosion control measures and assume
responsibility for their maintenance on a weekly basis and that they are functioning as
242-1458 Waverly Road Sewer Upgrade.doc 5 NACC 9/9/2009
DEP FILE # 242 - 1458
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.
47. Prior to construction, the applicant shall permanently mark the edge of the ""25' No- ,
Disturbance Zone" with signs or markers spaced evenly every 25 feet incorporating the
following text: "'Protected Wetland 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. 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.
48. 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
49. 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.
50. 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.
51. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collection basins, traps, outlet structures, subsurface storage areas, and other elements in
the drainage system in order to avoid blockages and siltation which might cause failure in
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
242-1458 Waverly Road Sewer Upgrade.doc 6 NACC 9/9/2009
DEP FILE # 242 - 1458
DURING CONSTRUCTION
52. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
53. Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. De -watering activities shall be conducted as detailed
in the Dewatering Discharge Disposal Detail and shall be monitored daily by the erosion
control monitor to ensure that sediment laden water is appropriately settled prior to
discharge toward the wetland resource areas. No discharge of water is allowed directly
into an area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant
shall submit a contingency plan to the Commission for approval, which provides for the
pumped water to be contained in a settling basin, to reduce turbidity prior to discharge
into a resource area. I
54. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing.
55. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
56. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip -rapped to provide permanent stabilization.
57. There shall be no stockpiling of soil or other materials beyond the limit of work
established by the erosion control line. No materials shall be stockpiled overnight within
100 -feet of a resource area.
58. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area. No truck washing shall occur within 100' of any
resource area.
59. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dump§ters (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.
242-1458 Waverly Road Sewer Upgade.doc 7 NACC 9/9/2009
DEP FILE # 242 - 1458
60. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
61. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
is to be done within 100 feet of a resource area.
1[ AFTER CONSTRUCTION J
62. No underground storage of fuel oils shall be allowed on any lot within one -hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the authority
of the Town's Wetland protection ByLaw.
63. 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. T s condition is
.7 hi
issued under the authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
64. The Post Construction Drainage System Operation and Maintenance Plan shall be fully
binding uponthe applicant and or owners, successors, agents, associations, heirs and
assigns and must be adhered to in perpetuity.
65. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
66. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
67. 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. VVPA 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.
242-1458 Waverly Road Sewer Upgrade.doc 8 NACC 9/14/2009
DEP FILE # 242 - 1458
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 or final plans/ documents submitted to the Town of North
Andover Sewer Department.
68. 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 # 242-1458. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section XI (page 18) of the Regulations for performance standards
within these zones) The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw; ,
Discharge or spillage of pollutants (Condition #61);
Prohibition of underground fuels (Condition #62);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#63).
Post Construction O&M Plan (Condition #64)
242-1458 Waverly Road Sewer Upgrade.doc 9 NACC 9/14/2009
Ll'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. Signatures and Notary Acknowledgement
242-1458
MassDEP File Number
Document Transaction Number
North Andover
City/Town
f
This Order is valid for three years, unless otherwise specified as a special A/�/4/1�?
condition pursuant to General Conditions #4, from the date of issuance. 1. Dite of Issuance
Please indicate the number of members who will sign this form. —4
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: 9t4"'�
"F f
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day of
Before me, the undersigned Notary Public,
personally appeared
Essex North
Month Year
John Mabon
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
uescription of evidence of 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 ol
City/Town
Place notary seal and/or any stamp above
This Order is issued to, the applicant as follows:
by hand delivery on
m r,,�.e 6
Date
Conservation Commission
Signature of Notary Public
--D6'7'V'y /V
Printed Name of Notary Public
/S—/ ? 0 /�o
My C,6mmissi6n Expires (Date)
F� by certified mail, return receipt requested, on
Date
wpaform5.doc - rev. 11 /08
Page 9 of 11
Ll�
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
F. Appeals
242-1458
MassDEP File Number
Document Transaction Number
North Andover
City/Town
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided
in 310 CMR 10.03(7) within ten business days from;the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be
required to demonstrate prior participation in the review of this project. Previous participation in the permit
proceeding means the submission of written information to the Conservation Commission prior to the
close of the public hearing, requesting a Superseding Order, or providing written information to the
Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information, is available on the following page.
wpaform5,doc - rev. 11108
Page 10 of 11
a
Ll)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
G. Recording Information
242-1458
MassDEP File Number
Document Transaction Number
North Andover
City/Town
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
vation Uornmission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
1-onservation Loommission
Please be advised that the Order of Conditions for the Project at:
Waverly Road (Sewer Project)
Project Location
242-1458
MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
fo r:
Town of North Andover
-P-r—opertyowner
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, 11 /D8
Pagel 1 of 11
DEP FILE # 242 - 1458
APPENDIX A - AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
0
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. 1 hereby affirm and acknowledge that on this - day of - 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File #)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this - day of 19
(Signature - authorized agent of applicant or owner)
242-1458 Waverly Road Sewer Upgrade.doc 10 NACC 9/14/2009
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling out 1. Fivin. Conservation Commission
forms on the
computer use 2. This issuance is for (check one): a. Z Order of Conditions
only the t�b key
to move your
cursor - do not 3. To: Applicant:
use the return
key.
a. First Name Last Name
VQ Town of North Andover Division of Public Works
e. City/Town
4. Property Owner (if different from applicant):
f. State
242-1455
MassDEP File Number
Document Transntion Number
North Andover
City/Town
b. El Amended Order of Conditions
01845
g. Zip Code
a. First Name
c. Organization
384 Osgood Street
Sewer Easement
d. Mailing Address
c. Organization
North Andover MA
e. City/Town
4. Property Owner (if different from applicant):
f. State
242-1455
MassDEP File Number
Document Transntion Number
North Andover
City/Town
b. El Amended Order of Conditions
01845
g. Zip Code
a. First Name
b. Last Name
Sewer Easement
c. Organization
d. Mailing Address
e. City/Town f. State
g. Zip Code
5. Project Location:
Rea's Pond, Bridle Path, Winter Street
North Andover
a. Street Address
b. Cityl-rown
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known:
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 Number (if registered land)
c. Book
d. Page
7. Dates: 6/25/09
-Filed
8/12/09 8/14/09
-Closed
a. Date Notice of Intent
b. Date Public Hearing c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Sewer Manhole Rehabilitations Plan
a. Plan Title
Tutela Engineering Associates
Thomas J. Keeffe
b. Prepared By
c. Signed and Stamped by
June 18, 2009
1" = 40'
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
g. Date
wpaform5.doc - rev. 11 /08 Page 1 of 11
LEIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
242-1455
MassDEP File Number
Document Transaction Number
North Andover
City/Town
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act (the Act).
Check all that apply:
a. 0 Public Water Supply
d. Z Private Water Supply
g. 0 Groundwater Supply
b. El Land Containing Shellfish c. Z Prevention of Pollution
e. 0 F1 sheries
Protection of Wildlife
Habitat
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:
a. 0 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. El the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect the interests of the Act,
and a final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. EJ the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. El Buffer Zone Impacts: Shortest distance between limit of project disturbance and
. Bank or Bordering Vegetated Wetland boundary (if available)
a. linear feet
Resource Area Proposed Permitted
Proposed
Permitted
Alteration Alteration
Replacement
Replacement
4. F� Bank
a. linear feet linear feet
c linear feet
d. linear feet
5. Z Bordering Vegetated 2,000 s.f. 2,000 s. f.
2,000 s.f.
2,000 s. f.
Wetland a. square feet b square feet
c. square feet—
square feet
800 S.f. 800 s. f.
800 s.f
800 s. f.
6. Z Land Under Waterbodies a. square Teet b. —square feet
c. square feet
—square feet
and Waterways
e. c/y dredged f c/y dredged
wpaform5, doc - rev. 11 /08 Page 2 of 11
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
242-1455
MasslDEP File Number
Document Transaction Number
North Andover
City/Town
B. Findings (cont.)
F�
Barrier Beaches
13.
Resource Area
Proposed
Permitted
Proposed
Coastal Dunes
Alteration
Alteration
Replacement
7. El Bordering Land
Rocky Intertidal Shores
17.
Subject to Flooding
a. square feet
b. square feet
c. square feet
Cubic Feet Flood Storage
e. cubic feet
f. cubic feet
cubic—feet
8. El Isolated Land Subject
to Flooding
a. square feet
b. square feet
Cubic Feet Flood Storage
c. cubic feet
d. cubic feet
e. cubic feet
9. El Riverfront Area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square—feet
Sq ft between 100-200 ft
g. square feet
h. square feet
i. square feet
Coastal Resource Area Impacts:
Check all that apply below. (For Approvals
Only)
10. El Designated Port Areas
Indicate size under Land Under the Ocean, below
11. El Land Under the Ocean
a. square feet
b. square feet
12.
F�
Barrier Beaches
13.
0
Coastal Beaches
14.
El
Coastal Dunes
15.
Coastal Banks
16.
Rocky Intertidal Shores
17.
El
Salt Marshes
18.
El
Land Under Salt Ponds
Permitted
Replacement
h. cubic feet
f. cubic feet
f. square feet
Indicate size.under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. c/Y —nourishmt. d. c/y nourishmt.
a. linear feet b. linear feet
a. square feet b. square feet
19. Land Containing
Shellfish a. square feet b. square feet c. square feet— d. square feet
20. Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a. c/y dredged b. c/y dredged
21. E] Land Subject to Coastal
Storm Flowage a. square feet b. square feet
wpaform5.doc - rev. 11 /08 Page 3 of 11
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
242-1455
MassDEP File Number
Document Transaction Number
North Andover
City/Town
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. 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 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.
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, "MassDEP"]
"File Number 242-1455
wpaform5.doc - rev. 11/08 Page 4 of 11
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
242-1455
MassIDEP File Number
Document Transaction Number
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Envir onmental Protection is requested to issue a Superseding Order, the
Conse . rvation Commission shall be a party to all agency proceedings and hearings before MassDEP.
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. Oncein 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.
NOTICE OF STORMWATER CONTROL AND -MAINTENANCE REQUIREMENTS
18. The work associated with this Order (the "Project") is (1) Z is not (2) 0 subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices (BMPs) shall remain in place until the site is fully stabilized.
wpaf0rm5.doc - rev. 11/08 Page 5 of 11
Massachusetts Department of Environmental Protection 242-1455
Bureau of Resource Protection - Wetlands MassIDEP File Nmber
WPA Form 5 - Order of Conditions Document Trans�cfion Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) N ' o 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 l3MPs 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 Storm,water 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 l3MPs 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 18(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ("O&M Statement) for the Stormwater l3MPs 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 fi.) the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post -construction pollution prevention and source control shall be implemented in accordance
with the long-term pollution prevention plan section of the approved Stormwater Report and, if
applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge
Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to.that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform5.doc - rev. 11/08 Page 6 of 11
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
242-1455
MassDEP File Number
Document Transaction Number
North Andover
City/Town
C. General Conditions U.nder Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1 - Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal (for disposal the log shall indicate the type of material
and the disposal location);
2. 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 compliancewith the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit (as defined in the-MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits) shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Z Yes 0 No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. El that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
I - Municipal Ordinance or Bylaw
2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final
Order of Conditions is issued.
wpaform5.doc - rev. 11 /08
Page 7 of 11
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
242-1455
MassDEP File Number
Document Transaction Number
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordin " ance (cont.)
b. 0 that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2. Citation
3. The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):
See Attached
wpaform5.doc - rev. 11 /08 Page 8 of 11
DEP FILE # 242 - 1455
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.
11 GENERAL CONDITIONS
19. The proposed work includes: the rehabilitation of existing sewer manholes located near
Rea's Pond and in the vicinity of Bridle Path and Winter Street. The project purpose is to
remove extraneous inflow and infiltration from entering the wastewater collection
system. Work is proposed within Bordering Vegetated Wetland (BVW) and Land Under
Waterbodies and Waterways (LUWW).
20. The work shall conform to the following:
Notice of Intent: Sewer Department Manhole Improvement Project Near
Rea's Pond and Bridle Path/ Winter Street
June 18, 2009
Prepared for: Town of North Andover
Sewer Department
384 Osgood Street
North Andover, MA 01845
Prepared by: Thomass Keeffe
Tutela Engineering Associates
12 Bay Street
Wilmington, MA 01887
Site Plans prepared by: Thomas Keeffe, Tutela Engineering Associates
12 Bay Street, Wilmington, MA 01887
Titled: Sewer Manhole Rehabilitations, Winter Street Area;
Sheets 1, 2, & 4; Dated: June 2009; Sheet 3 of 4
Revised: 7/22/09
Sewer Manhole Rehabilitations, Rea's Pond Area -1
Sheets 1-4
Dated: June 2009
Other Record Documents: Letter from Division of Fisheries & Wildlife
Dated: July 8, 2009
NHESP Tracking No. 09-26747
242-1455 Sewer Manhole Rehabilitations Rae's Pond & Bridle Path—Winter St.doc NACC
8/14/2009
DEP FILE # 242 - 1455
Letter from Division of Fisheries & Wildlife
Dated: August 10, 2009
NHESP Tracking No. 09-26747
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. The work authorized hereunder shall be completed within three years from the date of
this order.
27. 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 ihirty
days (30) prior to the expiration date of the Order (Refer to Section VITI (B)(p.33) of the
North Andover Wetland Regulations). ,
28. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
242-1455 Sewer Manhole Rehabilitations Rae's Pond & Bridle Path—Winter St.doc 2 NACC
8/14/2009
DEP FILE # 242 - 1455
29. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
30. The following wetland resource areas are affected by the proposed work: Bordering
Vegetated Wetland (BVW) and Land Under Waterbodies and Waterways (LUWW) and
the buffer zones thereto. 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 as
revised on Sheet 3 of 4 of the approved plan (Wetland Flags 2-001 through 2-014).
Wetland Flags in the Rae's Pond area are approximate and shall not be used for purposes
other than those proposed and approved in this Order.
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 twen1y five foot (25') No -Disturbance Zone and
a fifty foot (50) No -Construction Zone shall be established from the edge of the adjacent
wetland resource except as follows: Waiver of the 25 -foot No -Disturbance Zone and 50 -
foot No -Build Zone for temporary disturbance within sewer easement. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive these
setbacks as established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No -Disturbance zone except as noted herein. (See Section
III(D) & Appendix G of the local Regulations).
33. Any temporary alterations to resource areas shall be substantially restored in accordance
with the approved methodologies and in accordance with the supporting documents
referenced herein and shall be restored to pre-existing hydrology and topography.
Wetland restoration shall include seeding with a wetland seed mix or plantings approved
by the Conservation Administrator. If construction is completed outside the growing
season, the applicant shall propose other methods of stabilization including mulching
and/or matting the area with final restoration to occur when seasonally appropriate.
Restoration areas shall be monitored for 2 growing seasons following construction.
Reports, including photos, shall be submitted to the NACC following each growing
season.
34. 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.
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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
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.
38. A sign shall be displayed at the sites not less than two square feet or more than three
square feet in size bearing the words ":Massachusetts DEP, File Number 242-1455."
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 tothe NACC for approval
prior to implementation. The Natural Heritage and Endangered Species Program
(NHESP) shall also be notified of any proposed changes in accordance with the letter
issued by NHESP and referenced herein. 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.
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.
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41. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of compensation
and retention areas, installation of sedimentation/ erosion control devices and re -
vegetation to be completed before other work begins on-site.
42. No work shall occur between 25 May and 4 July as recommended in the herein referenced
letter from NHESP.
43. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposi�_d limit of work shall be shall be clearly marked with erosion
controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall
be checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
time.
44. A row of staked hay bales (certified "weed free" or salt marsh hay only per Division of
Fisheries & Wildlife letter referenced herein) backed by trenched siltation fence and other
erosion control detailed in the Notice of Intent shall be placed between all construction
areas and wetlands. The certified ""weed free" erosion control barriers 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.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence, 1 hay bale to equal 3 feet of 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. Prior to the start of work suitable locations and methodologies for dewatering activities
shall be identified.
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47. A check payable to the Town of North Andover shall be provided in the amount of $3,000
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.
48. The applicant shall designate a Wetland Scientist (or other environmental professional as
approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This person shall
be given the authority to stop construction for erosion control purposes and will
immediately notify the Conservation agent of any matter that requires attention by the
Commission or the agent. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt. At least once during each week in which
construction activities occurs on-site and for as long thereafter as ground remains
unstabilized, the applicant shall submit a written report from the "Erosion Control
Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based
on a careful site inspection, all work is being performed in compliance with this Order of
Conditions and that approved setbacks are being adhered to. The erosion control monitor
must visually inspect all sedimentation/ erosion control measures and assume
responsibility for their maintenance on a weekly basis and that they are functioning as
intended. In addition, all wetland resource areas must be visually inspected for siltation,
turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on
site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour
event) to ensure that soils remain stable, and erosion controls are adequate and secure.
49. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the engineer,
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood. This Order shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors and
other personnel performing the permitted work are fully aware of the 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
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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).
JISTORMWATER MANAGEMENT CONDITIONS
50. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre -development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
DURING CONSTRUCTION
51. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction sequence.
52. Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. De -watering activities shall be conducted as detailed
on the approved plans and shall be monitored daily by the erosion control monitor to
ensure that sediment laden water is appropriately settled prior to discharge toward the
wetland resource areas. No discharge of water is allowed directly into an area subject to
jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If
emergency de -watering requirements arise, the applicant shall submit a contingency plan
to the Commission for approval, which provides for the pumped water to be contained in
a settling basin, to reduce turbidity prior to discharge into a resource area.
53. To minimize disturbance to existing vegetation, swamp mats or other suitable material
approved by the NACC shall be used to access all work areas within wetland resources.
54. Clearing within the sewer easement to access sewer manholes shall be limited to an area
15 -feet wide.
55. 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.
56. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
57. 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.
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58. There shall be no stockpiling of soil or other materials beyond the limit of work
established by the erosion control line. No materials shall be stockpiled overnight within
100 -feet of a resource area.
59. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area. No truck washing shall occur within 100' of any
resource area.
60. 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. I
61. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
62. 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.
I AFTER CONSTRUCTION ffiJ
63. 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.
64. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Town's Wetland Protection ByLaw and shall remain in
perpetuity.
65. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Seed mixes used for stabilization
shall be native per the NHESP letter. Seed mixes shall be approved by the Conservation
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Department prior to the end of construction. Stabilization will be considered complete
once full vegetative cover has been achieved.
66. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
67. A post construction inspection by the Conservation Department shall be requested upon
final stabilization of the site.
68. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. V\/TPA 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 Conu-nission.
i. An " As -Built"' plan or final plans/ documents submitted to the Town of North
Andover Sewer Department.
69. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under DEP # 242-1455. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section XI (page 18) of the Regulations for performance standards
within these zones) The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
);, Discharge or spillage of pollutants (Condition #62);
);�- Prohibition of underground fuels (Condition #63);
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Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#64).
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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. Signatures and Notary Acknowledgement
242-1455
MassDEP File Number
Document Transaction Number
North Andover
City/Town
t J
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance. 1. Date'of Iss6ance
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:
V --
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this - Day of
Before me, the undersigned Notary Public,
personally appeared
Essex North
9 u-� 7— —'? 6 0 !��
MontK Year
John Mabon
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of 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.
A k �r North Andover
C. HIVIII U1 U
City/Town
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
El by hand delivery on
J� -re'e IV4'�L P
Date �/ 71e q
wpaform5.doc - rev. 11/08
Conservation Commission
Signature 6f Notary PubliV V
Printed Name�,f Notary Public IJ V
My Commission Expires (Date)
by certified mail, return receipt requested, on
Mary LeaN-Innolito
Date Notary Public
Commonwealth of Massachusetts
My Commission Expires
May 16,2014 Pa ie 9 of 11
Ll'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
F. Appeals
242-1455
MassDEP File Number
Document Trans�action Number
North Andover
City[Town
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 Requestof Departmental Action Fee Transmittal Form, as provided
in 310 CM R 10.03(7) within ten business days from the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be
required to demonstrate prior participation in the review of this project. Previous participation in the permit
proceeding means the submission of written information -to the Conservation Commission prior to the
close of the public hearing, requesting a Superseding Order, or providing written information to the
Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information, is available on the following page
wpaform5.doc - rev. 11/08 Page 10 of 11
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
G. Recording Information
242-1455
MassDEP File Number
Document Transaction Number
North Andover
City/Town
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:
Rea's Pond, Bridle Path, Winter Street
Project Location
242-1455
MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for:
Town of North Andover
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
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