HomeMy WebLinkAbout- Permits #242-1333 - 790-800 WAVERLY ROAD 2/1/2006 5
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Massachusetts Department of Environmental Protection
i —�
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From' 1, Conservation Commission
out forms on
the computer, 2.This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Mark Investment, Inc.
use the return a.First Name b.Last Name c.Company
key. 54 Jaconnet Street
d.Mailing Address
Newton MA. 02461
e.City/Town f.State g.Zip Code
f� 4. Property Owner(if different from applicant):
See Attached List _
a. First Name b.Last Name c.Company
d.Mailing Address
e.Citylrown f.State g.Zip Code
5. Project Location:
Salem/TurnpikeNVaverly Road North Andover
a.Street Address b.City[Town
Map 27 Lots 16 through 26
c.Assessors Map/Plat Number d. ParcellLot Number
Latitude and Longitude, if known (note: 42-40'-41.8" 71-08'-1.33"
electronic filers will click for GIS locator): e. Latitude f.Longitude
s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
c. Book d. Page
8/19/05 .t
7. Dates: a. Date Notice of intent Filed b. Date Public Hearing Closed c. Date oft seance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Development Plans for Proposed Walgreen's and Retail store (Sheets 1 through 11)
a. Plan Title
Bohler Engineering, PC. William D. Goebel, P. E.
b.Prepared By r..Signed and Stamped by
l ��� [ 1„ = 30'
d. F inal Revision Date e, Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $ 800.00 _ $ 237.50 $ 562.50
a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid
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Massachusetts Department of Environmental Protection pEP File Number:
,r Bureau of Resource Protection - Wetlands
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WPA Form 5 - Order of Conditions 242-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
i. 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. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
f. ®d. ® Private Water Supply e. ❑ Protection of Wildlife
Fisheries Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® 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:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ 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)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. E] Bank a.linear feet b.linear feet c.linear feet d.iinear feet
a. ❑ Bordering Vegetated W _
Wetland a.square feet b.square feet c. square feet d,square feet
5. ❑ Ladd Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways e.cu.yd dredged f.cu.yd dredged
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a
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
r WPA Form 5 - Order of Conditions 242-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ 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
7, ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood _
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ 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 f# e,square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9, ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
1o. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b.square feet c. cly nourishmt. d.cly nourishmt.
13. ❑ Coastal Dunes a,square feet b.square feet c,c/y nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c,square feet d.square feet
17. ❑ Land Under Salt _
Ponds a.square feet b.square feet
c.cu.yd dredged d. cu.yd dredged
18. ❑ Land Containing
Shellfish a. square feet b,square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20, ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
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Massachusetts Department of Environmental Protection
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Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 242-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(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 this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" (or, "MA DEP")
"File Number 242-1333
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 5 -- Order of Conditions 242-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16, Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deers necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18, All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions, --
select box to
attach a text
document
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Massachusetts Department of Environmental Protection
oEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? M Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. M that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
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DEP FILE 4 242 - 1333
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 followii-ig conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the
conditions shall control.
"GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does
not authorize any injury to private property or invasion of property rights.
However, the NACC, agent of the NACC or the Department of Environmental
Protection (DEP) reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate compliance
with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland
Bylaw and Regulations, and may require any information, measurements,
photographs, observations, and/or materials, or may require the submittal of any
data or information deemed necessary by the NACC for that evaluation. Further,
work shall be halted on the site if the NACC, agent or DEP determines that any of
the work is not in compliance with this Order of Conditions. Work shall not resume
until the NACC is satisfied that the work will comply and has so notified the
applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-
laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date
of this order.
22. This Order may be extended by the issuing authority for one or more periods of up
to one year each upon application to the issuing authority at least thirty days (30)
prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North
Alydover Wetland Regidations),
23. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
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DEP FILE # 242 - 1333
24. Where the Department of Environmental Protection (DEP) is requested to snake a
determination and to issue a Superseding Order, the Conservation Commission
shall be a party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1333.
26. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner,
any successor in interest or successor in control of the property referenced in the
Notice of Intent, supporting documents and this Order of Conditions. The NACC
shall be notified in writing within 30 days of all transfers of title of any portion of
property that takes place prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: the removal of an existing single-family dwelling
and other associated structures in order to construct a 14,820 s.f Walgreens
Pharmacy facility and an additional retail building with associated grading,
stormwater management structures, parking, and appurtenances within the buffer
zone to a Bordering Vegetated Wetland. The majority of the work, including the
building themselves, are located outside of the 100' buffer zone of the wetland
resource area.
The NACC finds that the project as proposed does not and can not meet the
recharge standard #3 of the state and local Stormwater Management Policy given
the site conditions, the high groundwater table and the proposed stormwater
management design. However, the NACC is satisfied with the applicant's
redesign by increasing the existing piping systems and redirecting drainage flows
so as not to result in a net loss of recharge from the site to negatively impact
downgradient resource areas. However, given these conditions,the NACC finds
that the entire site, including those areas outside of the buffer zone, is extremely
vulnerable to erosion and sedimentation concerns. For this reason, the NACC
finds that it is essential that jurisdiction, specifically for environmental
monitoring purposes,falls beyond the 100-foot buffer zone,which may be
reflective in the conditions of this Order.
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Mark Investments, Inc. (Applicant)
54 Jaconnet Street
Newton, MA 02461
Dated August 16,2005;
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I)EP FILE #242 - 1333
Site Plans prepared by: Bohler Engineering, P.C.
352 Turnpike Road
Southborogh, MA 01772
Entitled "Site Development Plan for Walgreens -
Proposed WalgreeWs/Retail Store" dated 8/4/05,
revised through 1/3/06, consisting of sheets 1-11.
Stamped & Signed by William D. Goebel, P.E.
Drainage Report
prepared by: Bohler Engineering, P.C. Entitled "Drainage
Report", including the Operation & Maintenance
Plan dated August 4,2005,revised through October
24,2005;
Drainage Plan: Entitled "Watershed Exhibit Plan", dated 11/2/05;
Other Record Plans &
Documents: Geotechnical Report entitled "Geotechnical
Exploration-Evaluation Proposed Pharmacy &Retail
Development Waverly Road-Salem Turnpike North
Andover, Massachusetts", dated June 28, 2005, and
received October 27, 2005;
Environmental Notification Form (ENF) entitled
"Proposed Retail Center", dated October 31,2005,
and received November 10, 2005;
Revised Filing Fee letter prepared by Bohler
Engineering dated September 20, 2005;
Re-notification to abutters letter prepared by Bohler
Engineering dated September 21, 2005;
Letter prepared by Bohler Engineering dated
August 30, 2005;
Stromwater Management Review Letter prepared by
Eggleston Environmental dated October 7,2005;
Stormwater Management Review Response Letter
prepared by Bohler Engineering, P.C. dated October
26, 2005;
Stromwater Management Review Letter prepared by
Eggleston Environmental dated November 2, 2005;
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DEP FILE # 242 - 1333
Stormwater Management Review Response Letter
prepared by Bohler Enginnering, P.C. dated
November 7, 2005;
Stromwater Management Review Letter prepared by
Eggleston Environmental dated November 14, 2005;
Stormwater Management Review Response Letter
prepared by Bohler Enginnering, P.C. dated
January 3, 2006,
Letter prepared by Alison McKay, North Andover
Conservation Administrator,to the Massachusetts
Highway Department dated December 1, 2005;
Letter prepared by Alison McKay, North Andover
Conservation Administrator, to William Goebel of
Bohler Engineering dated December 15, 2005;
Letter from Eugene Willis, North Andover Director
of Engineering, dated December 12, 2005;
Letter from Eugene Willis, North Andover Director
of Engineering, dated December 27, 2005.
30. The following wetland resource areas are affected by the proposed work: Buffer
Zone to a Bordering 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
on the site as shown on the approved plans referenced herein as previously
approved for the Eaglewood site, DEP File #242-1220, and along the property
boundary as noted.
32. The NACC finis that the intensive use of the upland areas and buffer zone
proposed on this site will cause further alteration of the wetland resource areas. In
order to prevent any alteration of wetland resource areas a twenty five foot (25')
No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be
established from the edge of the adjacent wetland resource area except in those
Iocations as depicted on the approved plan referenced herein. The Conservation
Administrator and/or other agents of the NACC do not have the authority to waive
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DEP FILL #242 - 1333
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).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,
subcontractors, and other personnel performing the permitting work are fully aware
of the permits terms and conditions. Thereafter, the contractor will be held jointly
liable for any violation of this Order resulting from.failure to comply with its
conditions.
34. The owners of the project and their successors in title, in the event they proceed to
alter areas subject to the Commission's jurisdiction under the order, agree that the
Order does not in itself impose upon the Town any responsibility to maintain the
proposed drainage system and that said Town shall not be Iiable 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, Maintenance of the
drainage system, if accepted by the Town as part of a public way, becomes the
responsibility of the Town.
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.
"PRIORO 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 Iand 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
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DEP FILE #242 - 1333
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 242-1333."
39. Prior to the commencement of any work, the applicant shall permanently mark the
edge of the "25' No-Disturbance Zone" with seven (7) signs or markers spaced
evenly every 40 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. .:- I k L ?"
40. Prior to the commencement of any work, the applicant shall submit to the
D o"n"'YOConservation Department a comment letter from the MA Highway Department
relevant to the drainage system as previously requested by the NACC and as
sk1�. requested in the letter to the MA Highway Department dated December 1, 2005.
41. Prior to the commencement of any work,the applicant shall submit to the
Li��e' Conservation Department a revised Grading Plan,which shows the approved
Y
erosion control locations.
/42. Prior to the commencement of any work,the applicant shall submit to the
Conservation Department for review and approval a revised landscaping plan
I detail for the southwestern corner of the site. The current landscaping plan
depicts 7 Austrian Pines (Pines nigra) to be planted within the 25 No-Disturbance
C 4 ,., C one in this location: The NACC has determined that these plantings may not be
aY equate in enhancing or protecting the 25' No-Disturbance Zone. As such, a
qualified wetland scientist shall prepare a landscaping plan in this location,
which would be more suitable for the site.
i
4 43. Prior to the commencement of any work,the applicant shall submit to the
Conservation Department a copy of the approved NPDES Storm Water Pollution
} Prevention Plan SWPPP for the file.
44. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The proposed project
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DEP FILE # 242 - 1333
may be still under review by other local or state boards or agencies. This may result
in changes to the project plans or wetland impacts. I£any such changes occur a
revised plan and an explanation of the revisions shall be submitted to the NACC for
review and approval prior to the start of construction. No work shall begin on a
project until written approval has been granted by the NACC.
45. 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.
�'A" 46. Prior to any work commencing on site,the applicant shall submit to the NACC for
approval, a detailed construction sequence, including a dated timetable of
construction, the construction of compensation and retention areas, installation of
sedimentatiorVerosion control devices,roadway infrastructure, phasing associated
with the development and the construction of the associated stormwater
management structures. The construction sequence shall specify that the
stormwater management structures will be constructed first, prior to any other site
preparation. This timetable must continue to be updated throughout the project.
47. 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 stakes or flags and shall be confirmed by the NACC.
Such markers shall be checked and replaced as necessary and shall be maintained
until all construction is complete. Workers should be informed that no use of
machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time. All flags used for the above
purposes shall be of a color different from other flagging used on the site.
48. 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 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
pleasures found necessary during construction shall be implemented at the direction
of the NACC. 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
C:\Winu°ordlooc\wttverl}'/I'uriil)ike-Wiilgreens.doc 7 NACC 2/1/2006
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installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
49. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 100 hay bales and sufficient stakes for staking these bales
(or an equivalent amount of silt fence). Said bales shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion. All additional emergency erosion controls shall be on site prior to the
commencement of any work on site and will be verified by the Conservation
Department during the pre-construction meeting.
50. A check payable to the Town of North Andover shall be provided in the amount of
$100,000, 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.
1. The applicant shall designate a Qualified Professional Wetland Scientist 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 for subsequent review and approval by the NACC or agent
thereof. This person shall be given the authority to stop construction for erosion
control purposes. 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.
52. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in
which construction activities occurs on-site and for as long thereafter as ground
remains unstable, it is the applicant's responsibility to ensure that the
Environmental/Erosion Control Monitor (EMC) monitor the site and submit
written reports to the NACC. The EMC shall certify 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 EMC must visually inspect all sedimentation/
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DEP FILE # 242 - 1333
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. Monitoring reports shall include current condition of
erosion and sedimentation controls; describe any erosion or sedimentation repair
and/or replacement; and describe any erosion or sedimentation problems and
mitigation measures implemented. Such reports shall continue until the applicant
requests a less frequent reporting schedule or an end to reports. This request must
be submitted in writing and is subject to approval by the Conservation
Administrator.
53. The applicant and/or the legal owner of that portion of land upon which these
Orders of Conditions have been placed shall provide to the NACC prior to
transferring, or assigning any portion of said land to another party, subject to said
Orders of Conditions,the "Compliance Certification Form Affidavit" attached via
"Appendix A" signed under the pains and penalties of perjury, stating that said
applicant and/or owner has read these Orders of Conditions and is in compliance
with each and every condition. This document shall apply to each of the conditions
referenced herein and shall be provided to the Conservation Department at least
five (5) business days after to the closing of said land transaction.
54. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC
representative; the contractor,the engineer,wetland scientist and the applicant to
ensure that all of the Conditions of this Order are 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 for each
pre-construction meeting (e.g. 72 hours).
"STORM-W" ATER MANAGEMENT CONDITIONS
55. All construction and post-construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent, the Department of
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Environmental Protection stormwater Management Policy, and the approved
Operation and Maintenance Plan attached herein.
56. Evidence of maintenance of the stormwater management system shall be
provided to the NACC on an annual basis by a Registered Professional Civil
Engineer. The first report shall be submitted to the NACC one year after the first
stormwater structure goes on-line and annual reports must continue to be submitted
until a Certificate of Compliance is issued. Compliance with the designed
stormwater management system and associated stormwater management conditions
shall be satisfied prior to the issuance of a Certificate of Compliance.
57. All drainage structures shall be properly installed and functional. During
construction, all drainage structures shall be maintained, as outlined in the approved
Operation and Maintenance Plan attached herein.
58,. Construction of the stormwater structures shall be constructed and functioning as
part of the initial project phase, immediately following clearing and rough grading of
the site to serve as siltation control during construction. Runoff from the site shall be
directed towards these basins.
59. Temporary and/or permanent basins being used for sedimentation and
dewAtering during construction shall be cleaned of sediment when levels exceed six
(6) inches. The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater basins.
60. 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.
61. Water quality down gradient of 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,
62. Prior to,the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures,in accordance with the approved
Operation & Maintenance Procedures Plan attached herein and the associated
stormwater management conditions referenced herein.
63. 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
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DEP FILE N 242 - 1333
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
64. Accepted engineering and Best Management Practices (BMPs) for construction
standards shall be followed in the conduct of all work.
65. A crushed stone construction entrance shall be designated at the entrance/exit
drives along Waverly Road to minimize soil/material tracking in accordance with the
approved standards and specifications and as shown on the approved plan
referenced herein. This entrance shall be maintained and reinforced as necessary,
66. Erosion control devices shall be inspected regularly; any entrapped silt shall be
removed to an area outside of the buffer zone and wetland resource areas; silt fence
and hay bales shall be replaced as necessary. The areas of construction shall remain
in stable condition at the close of each construction day. All erosion controls shall be
in place throughout the duration of any construction on site or unless authorized by
the Conservation personnel.
67. 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.
68. All catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
69. The sewer lines on the site, where they cross wetland resource areas, shall be tested
for water tightness in accordance with North Andover DPW standards.
70. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basin/storm drain within 50 feet of the site.
71. The Erosion Control Monitor shall be on site during and/or following a major
storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion
controls are adequate and secure, and that all BMP's are adequately functioning.
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72.Approved de-watering activities anticipated shall be supervised and witnessed by
the designated erosion control monitor. This designee must be on-site at all times
while dewatering is occurring. De-watering activities shall be conducted as shown
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.
73. Associated pavement and roadways shall be swept at least once per week or as
directed by the Erosion Control monitor,the Site Supervisor, Project Manager, or the
Conservation staff for as long as the site remains exposed and unstabilized.
74. 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.
75. All exposed soil finish grade surfaces shall be immediately landscaped and
stabilized, or learned, seeded and mulched, with a layer of mulch bay. All disturbed
areas must be graded, learned and seeded prior to November V 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.
76. 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.
77. Equipment shall not be staged overnight within 100-feet of a wetland resource
area.
78. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
79. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
80. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource area.
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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.
81. 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 ZAFTE:R:C:ONSTRUCTION
82. 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.
83. 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.
84. The approved Operation & Maintenance Plan is fully binding upon the applicant
and/or owners, successors, agents, associations,heirs and assigns and must be
adhered to in perpetuity.
85. Prior to the issuance of a Certificate of Compliance, the applicant must submit
proof of contract to the Conservation Department in the form of a written and signed
document from the assignee(s) responsible for conducting the perpetual site
maintenance in accordance with the Operation & Maintenance Plan. In addition to
this contract,the applicant shall submit an Affidavit from the assignee (s)
acknowledging the Operation & Maintenance responsibilities of the stormwater
management systems in accordance with the approved Operation & Maintenance
Plan and other perpetual conditions mandated in this Order.
86. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces within the buffer zone, and any arrangement for snow removal shall so
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DEP FILE #242 - 1333
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 as depicted on the approved plan referenced herein. The approved plans
depict three (3) no-snow stockpiling signs. The NACC finds that an additional no-
snow stockpiling sign is needed. This additional sign shall be placed at the "end of
board on board fence" along the 50' No-Construction Zone immediately upgradient
to wetland flag 1-107. Additional signs may be assigned in other locations as directed
by the Conservation Administrator if necessary. The location and placement of these
signs are subject to review and subsequent approval by the NACC or Agent thereof.
Signs are available for purchase at the Conservation Department for a fee.
Additional snow management procedures and snow storage/removal operations shall
be addressed in accordance with the approved Operation & Maintenance Plan.
87. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either
by loaming and seeding according to SCS standards, If the latter course is chosen,
stabilization will be considered complete once vegetative cover has been achieved.
88. 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.
89. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted
with the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying
that the work has been conducted as shown on the plan(s) and documents
referenced above, and as conditioned by the Commission.
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i. An "As-Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland
resource area. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone than the entire structure must be
depicted to accurately verify compliance.
➢ "As-Built" post-development elevations and grades of all filled or
altered wetland resource areas including the encompassing buffer
zone, which is regulated as a resource area under the local Wetland
Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures
include (but are not limited to) septic systems, additions, fences, sheds,
stone walls, pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes as disturbance of soils or
vegetation,
➢ Location of all subsurface utilities entering the property.
90. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in
those locations approved under this filing. Future work within 100' of
existing wetland resource areas will require a separate filing with the
NACC. The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local Bylaw (Condition #32);
➢ Discharge or spillage of pollutants (Condition #81);
➢ Maintenance of catch basins (Condition#68);
➢ Maintenance of 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
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DLP FILE # 242 - 1333
avoid blockages and siltation, which might cause failure of the system
and/or detrimental impacts to on-site or off-site resource areas (Condition
#63);
➢ Prohibition of underground fuels (Condition #82);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #83 & #86).
➢ The attached "Stormwater 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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t
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APPENDIX A — AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) 1 am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of
Conditions and have read the same and understand each and every
condition, which has been set forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20 , 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 the Order of Conditions are
presently in compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by
the NACC, as well as any potential buyers of said property, which is subject
to the Order of Conditions.
Signed under the pain and penalties of perjury this day of 20
(Authorized agent of applicant or owner)
C:1Wimvorctlooclwaverlp111Eriipike-Walgreecis.doc 17 NACC 2/1/2006
STORMWATER SYSTEM OPERATION AND
MAINTENANCE PLAN
,rr
The Proposal is for a private development. The parking and loading areas and its
infrastructure will be the sole responsibility of the land owner.
Developer: Mark Investments, Inc.
54 Jaconnet Street
Newton, MA 02461
(617) 332-8140
COMPONENT: Parking Areas
RESPONSIBILITY: Landowner during and after construction.
ACTION: Sweeping
FREQUENCY: Bi Annually
DESCRIPTION: Driveways and parking areas shall be swept semi-annually (twice per
year). The landowner will monitor all areas and remove sediments as necessary,
considering both annual necessity and the need for more frequent cleaning during
construction. Sweeping shall be performed to remove sediments prior to introduction into
the stormwater collection system. Washing and water jetting shall be discouraged.
The following components shall be inspected after any large storm event of 1.51, or
more, in addition to the periodic inspections noted below. Large storm events are
defined as, but are not limited to the following 24 hour rainfall amounts:
2 year storm=3.1 inches
10 year storm=4.5 inches
25 year storm=5.4 inches
100 year storm=6.5 inches
After the occurrence of any of the storm events noted above, or any other heavy
rainfall that may have affected stormwater management facilities, the designated
inspector shall inspect the components listed below for evidence of scouring or
erosion, excessive sediment deposits, clogging of stormwater structures, or any other
condition that may adversely affect stormwater management operations.
All infiltration structures shall be inspected again 72 hours after such storms to
make sure all of the flow has infiltrated. After the first year of successful operation,
the frequency-of inspection can be reduced to include only the larger storms of
server a#e s or more.
1
If any of these conditions are observed, then appropriate actions should be taken to
restore the stormwater management facility so that it operates as intended.
COMPONENT: Deep sump catch basins
RESPONSIBILITY: Property owner during and after construction.
ACTION: Sediment removal/sump cleaning
FREQUENCY: Annual
DESCRIPTION: Basins are to be cleaned on an annual basis. The land owner will
monitor sumps and remove sediments as necessary, considering`both annual necessity
and the need for more frequent cleaning during construction. Precautions shall take
place to maintain the integrity of the oil trapping hoods during cleaning. The hoods shall
be inspected and repaired as necessary. Accumulated Hydrocarbon shall be collected
separately from accumulated sediment. All material shall be disposed of in accordance
with DEP regulations.
;a COMPONENT: Open`detention basins
RESPONSIBILITY: Landowner during and after construction.
ACTION: Various inspection, maintenance, and cleaning activities
k'
FREQUENCY: Annually or as otherwise needed
� DESCRIPTION: The detention basins shall be inspected a minimum of once per year to
ensure that they are operating as intended and that all components are stable and in
working order. The property owner should retain the services of a professional engineer
with experience in drainage and stormwater to perform the inspections. During the
is growing season, the side slopes of the ponds shall be mowed at least twice, with
additional cuttings performed as needed. All tree saplings of any species will be removed
from embankments and the pond bottom. The inlet to the pond shall be inspected for
erosion and sedimentation, and rip-rap shall be promptly repaired in the case of erosion.
Sediment collecting in the pond bottom shall be inspected annuall); and removal shall
commence any time the sediment reaches a depth of six inches anywhere in the pond
Any pond sediments removed shall be disposed of in accordance with the latest DEP
guidelines for stormwater sediment disposal. Sediment removal and other pond
maintenance activities shall not be considered as a wetland alteration under the 111M
Wetland Protection Act.
COMPONENT: Sediment Chambers/Vortsentry Units
RESPONSIBILITY: Land owner during and after construction.
ACTION: Inspection
FREQUENCY: 2 times per year
DESCRIPTION: See attached Manufacturer's Maintenance Guidelines. All
accumulated materials shall be disposed of in accordance to DEP regulations.
COMPONENT: Snow Storage Areas
V,
DESCRIPTION: Snow stockpiling shall be limited to those locations depicted on the
Site Plans. When accumulated volume of stockpiled snow becomes an impedance to
pedestrian or vehicular traffic, excess volumes shall be removed from the site.
Vortsent:ry°
Inspection
Inspection is the key to effective maintenance and is easily performed. Stormwater360
recommends Tgoing quarterly inspections of the accumulated sediment. Pollutant deposition
and transport may vary from year to year and quarterly inspections will help insure the system is
cleaned out at the appropriate time. Inspections should be performed more often in the winter
months in climates where sanding operations may lead to rapid accumulations, or in equipment
washdown areas. it is very useful to keep a record of each inspection. A simple form for doing so
is provided.
The VortSentry®should be cleaned when inspection reveals that the sediment depth has
accumulated to a depth of three feet in the treatment sump. This determination can be made by
ar= taking two measurements with a stadia'rod or similar measuring device; one measurement from
the manhole opening to the top of the sediment pile and the other from the manhole opening to
the water surface. If the distance measured is less than the distance given in the following table,
the VortSentry°should be maintained to ensure effective treatment.
VortSent °Maintenance Indicators'
o distance between water
VortSentry Diameter surface and top of sediment storage
model stora a sum
designationft M ft m d m
VS30 3 0.9 2.4 0.7 0.8 0.6
VS40 4 1.2 3.5 1.1 1.4 1.1
VS50 5 1.5 4.4 1.3 2.2 1.7
VS60 6 1.8 5.3 1.6 3.1 2.4
VS70 7 1 2.1 6.1 1.9 .4.3 3.3
VS80 8 1 2.4 7.0 2.1 5.6 4.3
Note: to avoid underestimating the volume of sediment in the chamber,the measuring device
must be lowered to the top of the sediment pile carefully. Finer,silty particles at the top of the
pile typically offer less resistance to the end of the rod than larger particles toward the bottom
of the pile.
Cleaning
Maintaining the VortSentry is easiest when there is no flow entering the system. For this reason,
it is a good idea to schedule the cleanout during dry weather. The most effective method of
excavating pollutants from the VortSentry®is to use a vacuum truck. Since there are no internal
components that block access or view of captured pollutants, maintenance is virtually identical to
maintaining a catch basin with a deep sump. Simply remove the manhole cover and insert the
vacuum hose into the grit chamber. All pollutants can be removed from this one access point.
Once the system is empty, manhole covers should be securely seated to ensure that surface
runoff does not leak into the unit from above.
If a vacuum truck is not available, a "clamshell" grab may be used, but it is difficult to remove all
accumulated pollutants with such devices.
In VortSentry®installations where the risk of large petroleum spills is small, floating liquid
i contaminants may not accumulate as quickly as sediment. However, any spill should be cleaned
out immediately. Motor oil and other hydrocarbons that accumulate on a more routine basis
should be removed when an appreciable layer has been captured. To remove these pollutants, it
may be preferable to use adsorbent pads since they are usually cheaper to dispose of than the oil
t. water emulsion that may be created by vacuuming the oily layer, Floating debris can be
vacuumed or netted out separately if accumulation outpaces sediment accumulation.
Sample VortSentry Technical Design Manual 4
VortSentry®
VortSentry° Inspection & Maintenance Log -- Sample
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1. The water depth to sediment Is determined by taking two measurements with a stadia rod:one measurement
from the manhole opening to the top of the sediment pile and the other from the manhole opening to the water
f surface. When the difference between the two measurements is less than the value from the table below,
z
maintenance should be performed.
VortSent Maintenance Indicators
distance botween water
VortSentryo model diameter suface and top of storage
r sediment storage
designation sum
'; fl m ft m d m
VS30 3 0.9 2.4
.
VS40 4 1 1
.2 3.5 0.6
VS50 .1 .4 1.9 .1.1
5 1.5 4.4 1.3 2.2 1Y
VS60 6 1<8 5.3 1.6 3.1 2.4
VS70 7 2.1 6.1 1.8 4.3
VS80 8 2.4 7.0 3.3
2.1 5.6 4.3
2. For optimum performance,the system should be cleaned out when the floating hydrocarbon layer accumulates
to an appreciable thickness. In the event of a spill,the system should be cleaned Immediately.
Sample VortSentrye Technical Design Manual
5
VortSentry®
VortSentry° inspection & Maintenance Log
Model '
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2. The walerdepth to sediment is determined by taking two measurements with a stadia rod:one measurement
from the manhole opening to the top of the sediment pile and the other from the manhole opening to the water-
surface, When the difference between the two measurements is less than the value from the table below,
maintenance should be performed.
Vort5enl ®Maintenance Indicators
distance between water
VortSente model Diameter surface and top of storage sediment storage
designation sum
ft M ft I m y-d7--
VSWO 3 0.8 2.4 0.7 0.6 0.6
V540 4 1.2 3.5 1.1 1.4. - 1.1
V350 5 1.5 4.4 1.3 2.2 1.7
VS60 & 1.8 5.3 1.6 3.1 2.4
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V580 8 2.4 7.0 2.1 5.6 4.3
2. For optimum performance,the system should be cleaned out when the floating hydrocarbon layer accumulates
to an appreciable thickness. In the event of a spill,the system should be cleaned Immediately.
Sample VortSentry Technical Design Manual 6
Massachusetts Department of Environmental Protection DEP File Number:
LBureau Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 of Resource Protection - Wetlands
WPA Form 5 -- Order of Conditions 242-1333
E. issuance
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4, from the date of issuance. i. Date of IsqUance
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 he appropriate Department of
Environmental Protection Regional Office, if not filing electroni Ily, d the prdperty owner, if different
from applicant. i
Signatures, �� ,
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
f^�
On this --- h of
Day Month Year
Before me, the undersigned Notary Public, �" E,14 Ho-�:5�
personally appeared 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.
As member of North Andover Conservation Commission
City/Town
*Cwa00wAuQ 7,2009 Signature of Notary Public
Printed Name of Nota Public
Place notary seal and/or any stamp above
y Commission Exp res(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on Id by certified mail, return receipt requested,on
-A 1
Date Date
Page 7 of 9
vdPaform5.dcc• rev,211105
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
r WPA Form 5 - Order of Conditions 242-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 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
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 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-311105 Page 8 of 9
i t
Massachusetts Department of Environmental Protection DEP File Number:
��— Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions ?42-1333
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
_North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-------------------------------------------------------------------------- ------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1333
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpafcrm5.doc• rev.31t105 Page 9 of 9
E I
DEP FILE #242- 1333
APPENDIX A— AFFIDAVIT
I, an oath do hereby depose and state:
(authorized agent of applicant and / or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) 1 am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC Pile#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File##)
placed upon by the NACC.
• I hereby affirm and acknowledge that I have received said Order of
Conditions and have read the same and understand each and every
condition,which has been set forth in said Order of Conditions.
• I hereby affirm and acknowledge that on this day of
20 , 1 inspected said property together with any
and all improvements, which have been made to the same and hereby certify
that each and every condition set forth in the Order of Conditions are
presently in compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by
the NACC, as well as any potential buyers of said property, which is subject
to the Order of Conditions.
Signed under the pain and penalties of perjury this day of 2a
(Authorized agent of applicant or owner)
C:1WinNwordlOOClWavcr1yffunipike-Walgrecas.dac 17 NACC 2/1/2006