HomeMy WebLinkAbout- Permits #242-1761 - 0 Riverview Street 8/15/2019 (3) 4
Massachusetts Department of Environmental Protection Provided by MassIDER
Bureau of Resource Protection - Wetlands 242-1761
WPA Form 5 - {girder of Conditions MassDEP File#
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andover
this form has I. From:
been modified Conservation Commission
with added 2. This issuance is for
aspace to le (check one): a. 00rder of Conditions b, Amended Order of Conditions
ccommoda
the Registry
of Deeds 3. To: Applicant:
Requirements
Richard Weare
Important: a. First Name b, Last Name
When filling Greater Lawrence Sanitary District
out forms on c.Organization
the 240 Charles Street
computer,
use only the d.Mailing Address -
tab key to North Andover MA 01845
move your e.City/Town f.State 9.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
Qa.First Name b,.Last Name
c.Organization
d.Mailing Address
e.City/Town f.State g,Zip Code
5. Project Location:
0 Riverview Street North Andover
a,Street Address b.City/Town
Map 28 Lots 3 &4
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d7Om8052s -71d13m3820s
d.—Lark"u"d e' e.Longitude
vvPaform5,doc• rev,611612015 Page 1 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1761 .............
WPA Form 5 — Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eD P Transaction#
North Andover
City/Town
A. General Information (cont.)
B. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex
a.County b,. Certificate Number(if registered land)
1157 446
c.Book d. Page
7. Dates: My 11, 2019 -August 14, 2019 August 15, 2019
a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
8, Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
See Attached List of AP s
roved Plans & Documents - NACC Findings & Special Conditon- ........
a.Plan Title
b.Prepared By c.Signed and Stamped by
d.Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
13. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. E Public Water Supply b. ®I Land Containing Shellfish c' M Prevention of
Pollution
d. H Private Water Supply e. El Fisheries f. M Protection of
Wildlife Habitat
g. 0 Groundwater Supply h. Z Storm Damage Prevention I. N 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.
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Massachusetts Department #fEnvinznnmento| Protection Provided by Mo»nIDER
Bureau 0f Resource Protection - Wetlands, 242-1761
manuo�PFi�#
����� � � ���� � �� r�^�^
��x �� Form ~� -- ��u ��K�� ��" ������x��u�������
ILI Massachusetts Wetlands Protection Act M.G.L u. 131, G40 moEp Transaction#
North Andover
City/Town
B. Findings (cont.)
Denied because:
b� [l 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 tothis
Order.
' r n 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 iothis Order ao per 31OCK8R1O.O5(6)(o).
3. Fl Buffer Zone Impacts: Shortest distance between limit ofproject
disturbance and the wetland resource area specified |n31OCMR1O.02(l)(a) m.linear feet
Inland Resource Area lmpaGtS: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4, �l -----------' ----------- --------- ---------
�� Bank n.linear feet b. linear feet o.linear feet d.linear feet
s. F] Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
O. Land Under
VVoharbndinsand m.square feet b.square feet v.square feet d.square feet
VVahanmays
m.oydredged [dydredged
7. Bordering Land 5,000 5,000
Subject tuFlooding a.square feet h.square feet o.square feet d,square feet
Cubic Feet HoodShom 35 »o 35 35 ge ------------ ------------ -----------' ----------
e.cubic feet [cubic�et Q.cubic feet h.nubioh,ev
O. El isolated Land
Subject toFlooding m.square feet b.square feet
Cubic Feet Flood Storage --------- --------- --------��- -�����������
c cubic feet d.cubic feet *.cubic feet E*mhic feet
8
��W0O 7�OO�
Riv�r�ontAmam � ���------
� ~��~ a.�ta|sq.�mt h.total sq.feet
Sq ft within iO0ft ---------- ------------ ---------' -
--------
c.oquomfemt U.square feet e.square feet f.square feet
Sq ft bohmmem iOO' 7]00 7,000
���
�Aqk m�o�mn - - h�mqoan,fno� Lwn««w�� j.square feet
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1761
WPA Form 5 - Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
io. El Designated Port Indicate size under Land Under the Ocean, below
Areas
0 Land Under the
Ocean a.square feet b.square feet
c.cly dredged d.cly dredged
12. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. [J Coastal Beaches cu yd cu yd
a.square feet b.square feet c. nourishment d. nourishment
14. r-1 Coastal Dunes ............... cu yd .- cu yd
a.square feet b.square feet c.nourishment d. nourishment
15. El Coastal Banks
a.linear feet b,.linear feet
16. [:1 Rocky intertidal
Shores a.square feet b.square feet
17. El Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18. F1 Land 'under Salt
Ponds a.square feet b.square feet
c.cly dredged d.cly dredged
ig. FJ Land Containing
Shellfish a.square feet b.square feet c.square feet d square feet
20. El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.cly dredged b.cly dredged
21. n Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
22, El Riverfront Area
a.total,sq.feet b.totW sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 1 O0-
200 ft g,square feet h.square feet i.square feet mm J..square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1761
WPA Form 5 — Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
.6....................................city/Town
B. Findings (cont.)
#23. If the 23, [1 Restoration/Enhancement
project is for
the purpose of
restoring or
enhancing a a.square feet of BVVV b.square feet of salt marsh
wetland
resource area 24. [J Stream Crossing(s):
in addition to
the square
footage that a. number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BVW)or The following conditions are only applicable to Approved projects.
8.1 Tc(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter
the additional regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
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.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
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. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10.05(1 1)ft
& If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and'
the Order will expire on unless extended in writing by the Department,
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
wpaform5.doc- rev.611612015 Page 5 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LIBureau of Resource Protection - Wetlands 242-1761
WPA Form 5 - Order of Conditions MasslDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
I North Andover
-c7 Wn
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in: the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File, Number 242-1761 _"
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP,
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
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Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - 'Wetlands 242-1761
WPA Form 5 — Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetiand, 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.
19. The work associated with this Order(the "Project")
(1) is subject to the Massachusetts Stormwater Standards
(2) is NOT 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.
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;
fi. 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;
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Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - Wetlands 242-1761
L7PA Form 5 — Order of Conditions MassDEP File
W #1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction,It
A_ North Andover
Cityrrown
Cr General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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:
L)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 B,MP. 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(o through 1 8(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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1761
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
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 B,MP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater 13MPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormiwater management system as defined in 310 CIVIR 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 13MPs 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):
...............
............
20. For Test Projects subject to 310 CMR 10.05(1 1), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
NYpaform5.doc- rev.611612015 Page 9 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1761
WPA Form 5 — Order of Conditions MassDEP File#
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i. Is a municipal wetlands bylaw or ordinance applicable? 0 Yes [:] No
2. The North Andover hereby finds (check one that applies};:
Conservation—Commission
a. F1 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.
b. E that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& Replations Chapt. 190
T.Municipal Ordinance or Bylaw et. seq.
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):
North Andover Conservation Commission Findin s & Special Conditions (see attached)
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions MassDEP File#
LIJ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 --.—EP Tra
rlA,71s,2c—,107t-'11r1--
Cityrrown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4,from,the date of issuance. 1.Dat of Issuance
Please indicate the number of members who will sign this form, /1-1l, —
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 Regiona Office, if not filing electronically,and the property owner, if different
from applicant,
Signatures:
/by and delivery on El by certified mail, return receipt
requested, on
mate Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from,
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the,Conservation Commission and to the applicant, if he/she is
not the appellant
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required'to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 1 0.0�0). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1761
WPA Form 5 — Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityffown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is, located, within the chain of title of
the affected property. In the case of recorded land, the 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 mm
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
0 Riverview Street 242-1761
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern Essex
County Book Page
Greater Lawrence Sanitary District
far: Property Owner
and has been noted in the chain of title of the affected property in:
1157 446
Book Page
In accordance with the Order of Conditions issued on:
August 15, 2019
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.611612015 Page 12 of 12
DEP FILE #242 - 1761
Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control,
GENERAL CONDITIONS
20. The proposed work includes: installation of a 3,000 KW diesel fuel standby generator
and associated concrete pad foundation and enclosure, and associated perimeter
crushed stone infiltration trench. The project also includes the addition of a 16'x12'
paved spill containment area at fuel fill location that will be sloped toward a new catch
basin with a 2' sump where stormwater will be collected and routed to the existing
stormwater collection system,but during fueling events a gate valve will be closed to
shut off stormwater connection and open to a proposed 3,500, gallon subsurface spill
containment tank in case of a fuel spill. The work will occur within 200-foot riverfront
area, and bordering land subject to flooding,
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Greater Lawrence Sanitary District (GLSD)
240 Charles Street
North Andover,MA 01845
Site Plans prepared by: AECOM
Memorandum dated August 9, 2019 signed by Timothy Shea
Subject: GLSD RPS Generator Drawing Modifications
Construction Package No.1 August 8,2019,Signed and Stamped by
Robert Adarns,PE #42598:
Cover Sheet, Location Plan&Index of Drawings,Sheet G-001
Legend, Abbreviations &General Notes,Sheet C-001
Existing Conditions Plan,Sheet C-101
Demolition&Erosion&Sedimentation Control Plan,Sheet C-102
Site Plan,Sheet C-103
Spill Containment Drain Profile,Sheet C-104
Duct Bank Plan,Sheet C-105
Site Grading Plan,C-106
Details 1,11,111,IV,V,VI Sheets C-501-506
Structural Notes &Abbreviations,Sheet 5-001
Generator Foundation Plans &Sections,Sheet 5-101
Structural Standards Details,Sheet 5-501
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DEP FILE 4 242 - 1761
Report prepared by: AECOM
Stormwater Management Plan Dated July 2019
22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26, This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27, The work authorized hereunder shall be completed within three years from the date of
this order.
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 iWa
days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North
AiMover Wetland Regulatiow),
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.
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I)EP FILE # 242 - 1761
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 located on site are: Bordering Vegetated
Wetland (BVW), 100-Foot Buffer Zone, 200-Foot Riverfront Area to Merrimack River,
Bordering Land Subject to Flooding (BLSF - elevation 32.6 NAVD). The resource
areas affected by the work are: 200-Foot Riverfront Area and Bordering Land Subject
to Flooding. These resource areas are significant to the interests of the Act and Town
Bylaw as noted above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
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 twenty five foot 25` No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. 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 Regidations).
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 Orden: does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system,if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
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DEP TILE H 242 - 1761
36. The proposed compensatory flood storage of 35 cubic yards shall be constructed.
Grading changes and infiltration trench, including creation of compensatory flood
storage shall be undertaken coincident with construction.
37. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
I"PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case,
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1761" and
not nailed to a living tree.
41. No changes to the approved plan shall be implemented in the field until written
approval has been granted by the NACC. 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.
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
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DEP FILE # 242 - 1761
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,if any, 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.
45. Erosion controls in the form of minimum 12" Filtrexx SiltSoxx shall be placed between
all construction areas and wetlands, and catch basins shall be protected with silt sacks
as noted on the approved plans and narrative. The erosion control barrier will be
properly installed 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 5 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. As performance surety, a check payable to the Town of North Andover shall be
provided in the amount of five thousand dollars ( 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
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DEP FILE 9 24,2 - 1761
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. 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 to address erosion control problems 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.
49. At least once during each week in which construction activities occurs oil-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photographs 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. 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.
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DEP FILE # 242 - 1761
51. 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,, 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 perniies 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).
ISTORMWATER MANAGEMENT CONDITIONS
52. All construction and post-construction storinwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environniental Protection Storn-iwater Management Policy and as
approved by the NACC in this Order of Conditions.
53. All storn-twater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and
incorporated in the Order of Conditions. Evidence of maintenance of the storn-1water
management system shall be provided to the NACC on an annual basis by a
Registered Professional Civil Engineer. The first report shall be submitted to the
NACC one year after the first storniwater structure goes on-line and annual reports
must continue to be submitted in perpetuity. Maintenance bills submitted by cleaning
contractors (catch basins, stormcepters, etc.) shall be submitted with annual
engineering reports.
54. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
55. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
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DEP FILE # 242 - 1761
56. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other
elements of the drainage system, unless put into an easement to the Town of North
Andover, in order to avoid blockages and siltation which might cause failure of the
system and/or detrimental impacts to on-site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
57. Should de-watering activities be anticipated, means and methods shall be reviewed
and approved by the Conservation Department. All dewatering activities shall be
supervised and witnessed by the designated erosion control monitor. De-watering
activities 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 other emergency de-watering requirements arise, the applicant shall submit
a contingency plan to the Conunission for approval, which provides for the pumped
water to be contained in a settling basin, to reduce turbidity prior to discharge into a
resource area.
58. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster,wire,
lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled
concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loarned, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
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. The construction access for the project shall be swept daily to remove sediment
deposited by construction vehicles accessing then site
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DEP FILE #242 - 1761
62. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area,
63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area and all washing materials shall be removed
and disposed of off-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
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
67. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection Bylaw.
68. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland Protection Bylaw and
shall remain in perpetuity.
69. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. Permanent signs designating"No-Salt Zone"
and "No-Snow Stockpiling Zones" shall be displayed in prominent locations,
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DEP FILE #242 - 1761
70. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
71. 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 MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
72. 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.
73. Upon completion of the project the applicant shall submit the following to the
Conservation Colyunission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "'Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
"As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area or 200-foot riverfront 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 and
riverfront area which is regulated as a resource area under the local Wetland
Protection Bylaw.
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DEP FILE # 242 - 1761
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 gqny disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
87. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No-Disturbarice Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved tinder DEP # 242-1761. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
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 #66);
3;> Prohibition of underground fuels (Condition #67);
Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #68 & 69);
No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone.
The attached "Storn-iwater Operations and Management Plan", including
Best Management Practices. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
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DEP FILE #242 - 1761
APPENDIX A- AFFIDAVIT
oii 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 orNACC nunibet)
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 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.........
m.
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)
Table I. Existing Conditions Model Results
Peak Flow (cfs)
Discharge Location 2-year I 0-year 100-year
Compliance Point (CP)
Cochichewick Brook 0.25 0.45 0.98
1.3 Proposed Stormwater Management System
The drainage subcatchments for pre-development conditions were modified slightly to reflect the
proposed site modifications, and the HydroCAD model was reconfigured accordingly to represent the
proposed post-development stormwater best management practices (BMPs). Following completion of the
project, the site will consist of the standby generator enclosure and ancillary equipment as well as the fuel
spill containment area.
Under post-construction conditions, runoff from the newly installed standby generator will drain to a
perimeter infiltration trench, measuring two feet wide and two feet deep. An infiltration trench is a shallow
excavation filled with stone, typically designed to capture sheet flow, which provides an:effective means
of storage and infiltration for stormwater runoff. The proposed infiltration trench will be 90' long x 2'width
x 2'depth (360 cf)and will:, have the capacity to store and infiltrate runoff from the 2, 10 and 1 00-year
storms. The infiltration trench will also be extended under the two air intake hoods. This effectively adds
320 cf of additional area to collect and infiltrate stormwater. This BMP water quality infiltration trench will
provide the required 80% rernoval,of the annual average TSS load (Appendix E). Runoff from the
undeveloped grassed portion of the site will flow to the existing storm drain as under existing conditions.
The 16'x 12' spill containment area will include a new catch basin with a two foot sump. This area will be
pitched to direct stormwater to the catch basin which ties into the existing stormwater system at all times
other than during flue]oil deliveries. During fuel oil deliveries, the system is converted to spill containment
by opening a normally dosed gate valve as described in section I of this document.
The subcatchment characteristics for the post-development conditions were input into the HydroCAD
model. The future conditions modeling results are summarized in Table 2, These indicate that under
future conditions the peak runoff at CP-1 is predicted to remain the same during the 2- and 10-year
storms; while the peak discharge rate will decrease slightly during the 100-year storm event. HydroCAD
model input and results for the future conditions are presented in Appendix D.
Table 2. Future Conditions Model Results
Peak Flow(cfs)
Discharge Location 2-year 1 0-year 100-year
Compliance.Point(CP)
Coichichewick Brook 0.25 0A5 0.93
Compensatory storage for flood water will be provided at the southernmost end of the site adjacent to
Riverview Street, The existing grade of the grassed area will be restructured to offset the loss of
stormwater storage capacity resulting from addition of the concrete foundation pad for the generator in
the 100 year flood zone. The grade will continue to slope toward the existing catch basins, one of which
will have its frame and grate lowered to match the new grading of the area.
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The infiltration trench provided at the base of the generator has been oversized to help offset the loss of
floodwater storage volume and minimize the disruption 0othe existing grades ed the facility, It in
estimated that 35 CY of stormwater storage volume will be restored by these two methods combined,
1.4 Groundwater Infiltration
Based on the modeling results of the proposed BMPs, the required recharge volume will infiltrate on-site.
Recharge volume calculations are provided in Appendix E. Recharge will occur iu the proposed
infiltration trench.
1.5 Long-Term Pollution Prevention
Regular maintenance will be performed on the infiltration trench to maintain effectiveness. Frequent
mowing of the grass will be conducted, maintaining m height of2to4inches, The grass will b* inspected
during mowing for signs of erosion, bmma npmbn and overall health as the seeding becomes established
after restoration ofthe area.
The spill containment system will have to be inspected periodically to ensure the normally closed valve is
not left open and will have to be pumped down with a vactor truck if such an instance occurs. The sump
in the new catch basin will be cleaned out bi-omnoa||y.
2 Construction StormmvvabarPo||utioo Prevention Plan
A Construction Stormwater Pollution Prevention Plan (SWPPP) has been not been prepared for this
submittal because the area of disturbance is considerably less than one acre and the disruption to the �
area will bnminimal. The Contractor will be required to provide erosion and sedimentation controls as
described below. �
2.1 Erosion and Sedimentation Control Practices
During construction, the erosion and sedimentation control (ESC) measures and stormwater
management practices described in this section will be employed to minimize erosion and sedimentation
of downgradient resources. Control measures will include stabilization measures for disturbed areas, and
structural controls to attenuate runoff and remove sediment. 8n addition to managing otmnnwaterrunoff
and enoaiom, proper implementation of the following posobcow will help to ensure that precautionary
measures are taken to prevent accidental releases of fuels, lubricating fluids, or other hazardous
materials.
2.1.1 Stabilization Practices
Stabilization practices refer to the covering of exposed soils. This ie one ofthe foremost preventative
measures for minimizing sediment discharges by reducing the energy of flowing water over the ground
surface. Stabilization also Wlows for the increased infiltration of water into the ground surface for the
deposition of sediment prior to a discharge to receiving waters. The contractor will preserve natural
vegetation where it may occur, as much as possible, to minimize potential erosion,of soil during storm
water runoff events. All disturbed vegetated areas will be restored to approximate existing conditions
wherever possible.
Stabilization of open soil surfaces will be implemented after grading or construction activities have
temporarily or permanently ceased, unless there is sufficient snow cover to prohibit implementation.
Exposed areas and stockpiled soils will be covered or surrounded by straw wattles and/or silt fence to
prevent erosion Vr sedimentation of adjacent areas. Temporary seeding and mulching may be used tu
minimize soil erosion and provide soil stabilization on slopes. ,On exposed slopes, erosion control
blankets or anchored straw mulch may be applied alone or in combination with seeding to stabilize soils,
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The contractor will properly store and/or cover any loose material, including spoils piles. Spoils piles shall
be located outside of wetland buffer zones to the maximum extent feasible.
2.1.2 Structural Practices
Structural practices involve the use of devices to divert, store, or limit runoff. These practices may be
designed to limit the amount of stormwater entering a disturbed area or to trap sediment prior to the
stormwater leaving the site.
Straw Wattle. Straw Wattles, also known as straw worms, bio-logs, straw noodles, or straw tubes are
man-made cylinders of compressed, weed free straw(wheat or rice), 8 to 12 inches in diameter and 20 to
25 feet long. They are typically encased in jute, nylon, or other photo degradable materials, Straw
wattles will be installed to minimize the potential for erosion and siltation, impacts to downgradient water
resource areas resulting from, construction activities. The Contractor will be required to install straw
wattles along construction areas that are within 100 feet of water resources and along the sloped grass
area adjacent to Riverview Street. The straw wattle will also represent the downgradient limit of work
beyond which no construction will be permitted, thereby providing additional protection to nearby wetland
resource areas. Straw wattles will be laid adjacent to each other, perpendicular to stormwater flow, to
reduce flow velocity and soil erosion. They may also be used on pavement and in conjunction with silt
sacks as inlet protection for storm drains.
Temporary Sedimentation/Detention Basins. This practice allows for sedimentation of solids on-site prior
to discharge. If required, the basins should be sized to capture runoff from the 90% rainfall event(WQv).
Overland flow will be directed to the basins using temporary diversion swales, or some other approved
method of grading. The volume of runoff will be detained in the sedimentation basins for a sufficient
period of time to allow suspended soil particles to settle. Where traditional sediment control measures
prove ineffective, flocculants should be considered.
Storm Drain Inlet. Existing and/or proposed catch basin inlets within or adjacent to the project area will'
be protected with silt sacks or straw wattles. The silt sacks will be installed in the catch basin, or straw
wattles around the catch basin prior to construction and be maintained throughout the construction
period.
Other Potential Structural Measures. Based on historical boring data, groundwater is not expected to be
encountered during excavation. If groundwater is encountered during excavation, dewatering may be
required. If needed, dewatering will be conducted in compliance with the general permit(EPA and
MassDEP) requirements, thereby minimizing potential impacts to adjacent resources. Any catch basins,
drains, or outfalls to be used in dewatering operations shall be passed through filters, onsite
sedimentation basins, settling tank trucks, or other devices to ensure that no observable sediments or
pollutants are carried into any resource area, street drain, or adjacent property. Measures will be taken to
ensure that no erosion or scouring shall occur on public or private property, or on the banks of water
bodies, as a result of dewatering operations.
2.2 Other Controls
General construction safety procedures will be followed to prevent events which could result in spills,
releases, or other environmental damage. During construction, work locations will be secured to prevent
unauthorized entry and to protect existing and adjacent facilities and properties. Supplemental signs,
construction barriers, etc, will be used as necessary to provide safety to construction workers and the
general public during the construction process in,accordance with OSHA and other applicable
regulations.
At the end of every day, the contractor will clean waste material, debris, and trash, which will be disposed
off-site, and place it in trash barrels and/or dumpsters. Dumping of spoils material, waste, or other debris
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STORMWATER MANAGEMENT PLAN'
into wetland resource areas and/or buffer zones will not be allowed during construction. Dust generation
will be minimized by the use of water trucks. The contractor will perform dust control operations
whenever necessary or when directed by the site engineer.
2.2.1 On-Site Activities
The contractor staging/Jay down area associated with the proposed work will be used for several
purposes including, for example, parking; construction material storage; soil stockpiles; and portable
toilets.
2.2.2 Spill Prevention and Containment
In order to prevent and minimize impacts to resource areas from accidental spills of oil and hazardous
material(OHM) on the site, the following measures and procedures will be implemented:
1) No refueling or maintenance of construction vehicles or equipment shall occur within any
wetland or 100-foot buffer zone. To,minimize the possibility of leakage of hydraulic fluid, all
hydraulic lines on all construction equipment and vehicles will be inspected on a regular
basis. If any excessive wear is observed, the line will be repaired prior to further use.
2) Spill containment equipment will be stored in equipment storage and refueling areas in an
easily accessible manner for use in the clean-up of accidental releases of fuel or other
hazardous materials. The contractor shall maintain a sufficient supply of oil absorbent pads,
oil absorbent materials, containment booms, and appropriate 55-gallon drums for
containerizing waste. All remediation generated as the result of a spill of OHM shall be
stored, handled, and disposed of in accordance with all applicable state and federal
regulations. All reportable spills of OHM (as defined under 310 CMR 40.0100) shall be
reported to:
• Greater Lawrence Sanitary District: 978-685-1612
• MassDEP: (888) 304-1133
• North Andover Conservation Commission: 978-688-9530
2.2.3 Maintenance
Storm water controls must be maintained in effective operating condition until all disturbed soils are
permanently stabilized. Maintenance measures will include repairs of containment systems and erosion
controls as well as sediment removal from basins and roadways. Control devices in need of repair will be
repaired promptly after identification. An adequate quantity of erosion control material will be stored on
the site and under cover for emergency repairs and routine maintenance. Erosion control devices will be
maintained until all disturbed earth has been paved or vegetated, at which time they will be removed.
After removal, areas disturbed by these devices will be regraded and seeded as necessary.
Straw wattles. Straw wattles should be inspected regularly, as well as after each rainfall event, to ensure
that they are intact and the area behind the wattle is not filled with sediment. If there,is excessive ponding
behind the wattle or accumulated sediments reach the top of the wattle, an additional wattle should be
added on top or in front of the existing wattle in these areas, without disturbing the soil or accumulated
sediment. If the wattle was overtopped during a storm event, the operator should consider installing
additional wattles on top of the original, placing an additional wattle further up as needed.
Storm Drain Inlet. To maintain the capacity of the filter fabric or straw wattles, the accumulated sediment
will be monitored after large storm events. When the capacity is significantly reduced, the accumulated
sediment will be removed and the fabric or silt socks will be reinstalled.
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Temporary Sedimentation/Detention Basins, These structures should function in accordance with the
approved design details submitted by the Contractor and approved by the Engineer, Temporary
sediment basins will be kept dry between rain events, repaired as needed', and cleaned out on a regu!lar
basis, to maintain the required storage volume. Sediment will be removed from the temporary basins
whenever their capacity has been reduced by fifty (50) percent from the design capacity. Removed
material will be disposed in an approved manner,
Slopes. Any indication of slope erosion will beaddressed immediately. If necessary, additional slope
stabilization materials will he placed onthe slope, oramadditione|diversion implemmohed. The decision
regarding slope stabilization methods will be the responsibility of the on-site construction manager or the
resident engineer.
Revegetabon. Where possible, disturbed areas previously vegetated prior bothe proposed activity will be
restored with an appropriate seed mix. The potential for erosion of soils om the site will befurther
minimized by limiting the extent ofdem ring/rem oval ofvegetation.
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