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HomeMy WebLinkAbout- Permits #242-1764 - 137 ANDOVER STREET 12/23/2019 4 Massachusetts department of Environmental Protection Provided by MassUEP: Bureau of Resource Protection - Wetlands 242-1764 WP'A Farm 5 — Order of Conditions iViassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - eDEP Trannss- action# North Andover City/Town A. General Information Please note: North Andover this forrn has 1. From: __.... ............. been modified Conservation Commission with added 2. This issuance is for space to a.®Order of Conditions b.[1 Amended Order of Conditions accommodate (check one): the Registry of needs 3.To: Applicant: Requirements Elizabeth Keary Soule Important: a.First Name b.Last Name When filling The Trustees of Reservations out forms on c.Organization the 200 High Street, 4th Floor computer, _ — _... .. use only the d.Mailing Address tab key to Boston MA 02110 move your e.Cityrrown f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. — _ ._......... . --- - _ roe a.First Name b. Last Name c.Organization ream d.Mailing Address e.CityCrown f.State g.Zip Code 5. Project Location: 137 Andover Street& 0 Chickering Road North Andover __.. _ --- a.Street Address b.Cityfrawn Maps 59; 46 Lots 17; 8 &7 res�aectively c.Assessors Map/Plat Number d. ParcellLot Number Latitude and Longitude, if known: 42d68m2063s -71d11 m8987s d.Latitude e.Longitude wpaform5.doc• rev.611 612 01 5 Page 1 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1764 LI) P'A Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 11 DEPTransaction# North Andover C ity/town __. A. General Information (cons) 6. 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) unknown unknown c,Book d.Page August 15, 2019 December 11, 2019 December 23, 2019 T Dates: _. .... ........._... a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): *"See Attached List of Approved Plans& Documents in NACC Finding & Special Conditions** b.Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale -- ............._ f.Additional Plan or Document Title g. Date .......... -..._. B. 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. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. Fisheries f. 0 Protection of Wildlife 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: a. Z the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpafcrm5_dcc- rev.6/16/2015 Page 2 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1764 WPA Farm 5 — Order of Conditions MassDEPHe# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 --_._F m... ._.._ __..__._. eDP"1 ransactfan# North Andover CityFrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ 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). 3. ® Buffer Zone Impacts: Shortest distance between limit of project 25' disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ 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 s. © Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage _...... c.cubic feet d.cubic feet a cubic feet f.cubic feet s. ❑ Riverfront Area ------ a total cn fppt b.total sq.feet Sq ft within 100 ft _ ___._.._...—........ ..._ r eniiarp€pat d.square feet p eniiarp fppt f.square feet Sq ft between 100- 200 ft n collar.fppt h.square feet ; eniiarp€pp+ J.square feet wpaform5.doc• rev.611612015 Page 3 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP. Bureau of Resource Protection - Wetlands 242-1764 WP'A Form 5 -- Order of Conditions MassDEPFile�F Ll F Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - .--.. -- eDEPTransaction di' North Andover City/Town B. Findings (cant.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12 ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c nourishment d.nourishment 15. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal _ Shores a.square feet b.square feet 17. ❑ Salt Marshes ---. _ .-- a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet. e.c/y dredged d.c/y dredged. 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above ........ _._ .. _. --------- a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area ' b.total sryry feet � }nta�Cn }aat `1 Sq ft within 100 ft _ r enirara}aa} d.square feet a anirara faa+.... f.square feet Sq ft between 100- 200 ft —.................. n eniiara fart tt.sgUafe feet enrrara{a',. "� J.square feet vipaform5.doc- rev.6/16/2015 Page 4 of 12 ',. 4 Massachusetts Department mf Environmental Protection Provided»vwma000": BU[S8U Of Resource Pn]heCtiOD -W8t|8Dds 242-1764 �����J� 8� J� ���^� � �� x�^�` masxospmva =�m v� Form � �� .�x�u�� ��o "����^"�~8���� Massachusetts Wetlands Protection /\ot K8 G L. o 131 �40� � � � ' ~ voEp Transaction ft ^----------^ North Andover City/Town B. Findings (cont.) ^*2x.If the zz L] Reato ratio n/Enhan cement project is for ^� the purpose of restoring r enhancing a u.square feet o,aWV b.oqvmre feet of salt marsh wetlandresource area zw. El Stream Croaoing(o): m addition m the square footage that a.number m v cro ssings u number m replacement stream crossings has be en C. General Conditions Under Massachusetts Wetlands Protection Act entered in Goctione.ox (BwV)m e.17.,(Sok The following conditions are only applicable to Approved projects. Marsh)above, 1� Failure tucomnp|y with all oondit|ouont �edhinand vvithall related statutes and other please t*, � ere ' the additiona| regulatory measures, shall be deemed cause ho revoke nr modify this Order. amount here. 2. The Order does not grant any property rights orany 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, o/local atatub»s, 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: & The work is u maintenance dredging project as provided for in the Act; or L 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 mma 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 cJ the Order. An Order of Conditions for e Test Project may bo extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CN1R 10.05(11)(f). 0. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does riot 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 0i Any fill shall contain no tneoh, refuse, rubbish, or debris, including but not limited to |umher, bhokm, plaster, vvine. |ath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, mparts of any ofthe foregoing. °p*urm^*" ' "=m,mm,, Page nw12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1764 WPA Form 5 ® Order of Conditions MassDEP File# ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _._ eDEP'i'ransaction# North Andover City/Town 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 242-1764 " 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. vrpaforrn5.doc» rev.6/16/2015 Pago 6 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1764 WIPA Farm 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ...._............._._._......_.._.._....ILI _ eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cant.) 1T Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetiand 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; ii, as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; vpaform5.dm- rev.6f16/2015 Page 7 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1764 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40ILI --- eC7EP Transs action# North Andover City/Town C. 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: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. viraform5.doc+ rev.6116/2015 Page 8 of 12 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1764 WPA Form 5 ® Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction If North Andover Citylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(11), 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. wpaform5.doc- rev.6/16/2015 Page 9 of 12 4 � Massachusetts Department m{Environmental Protection Provided»YMu"*osp Bureau Uf Resource Protection -Wetlands 242-1764 ��K���� K� �� ���«� � Conditions manuoepn|e# �°o �� Form ~� -- Order K�n ��K�V�.�8~8������ Massachusetts Wetlands Protection Act K8.G.L. o. 131 G4U ' ~ eosr Transaction# North Andover Cityffmwn D. F^nd~|0gsKUnder8Nun~c~paUWetUands Bylaw or Ordinance 1. Is Municipal wetlands bylaw or ordinance applicable? M Yea Fl No o. The NorthAndnvor hereby finds (check one that app|iee): Conservation Commission a. F-1 that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.mun|c|na|ordin*npaorny|ow 2-Cuatmn Thenafora. work on this project may not guforward unless and until revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and e final Order of Conditions ioissued. b. Z that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North A d Wetlands Protection Bylaw& Rqgulations ChapL10O 1.Mvo/p»n/Ordinance or Bylaw acmoq. ��� 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space for additional conditions, attach a text document): See Attached North Andover Conservation Commission Findings &Special C diti "p"mrm5,*°' °"6116120/5 Page^ou^z Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1764 WPA Form 5 Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ILIeDEP Transaction## North Andover City#Tawn E. Signatures Important:When This Order is valid for three years, unless otherwise specified as a special filling out forms condition pursuant to General Conditions#4,from the date of issuance. 1. Date of Issuance on the computer, use only the tab Please indicate the number of members who will sign this form. key to move your This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers cursor-do not use the return The Order must be mailed by certified mail (return receipt requested) or hand delivered to key, the applicant. A copy must be mailed, hand delivered or filed electronically at the same time with th appropriate MassDEP Regional Office. ras Signa�, res r IX ❑ by hand delivery on by certified mail, return receipt requested,on Date Date -......._...... -------......................_._...--------------------------------.._..�--. - . F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. vipa5sigs.doc rev.02125112010 Page—of 4 Massachusetts Department of Environmental Protection Provided by Ma5sDEP: Bureau of Resource Protection - Wetlands 242-1764 WPA Farm 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - - eDEP Transaction# North Andover City/Town 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 - .. _ ......— ................ - - Conservation Commission Please be advised that the Order of Conditions for the Project at: 137 Andover St. &0 Chickering Road 242-1764 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Northern Essex County Book Page far: The Trustees of Reservations . ,.. -. -- -- _. 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: 12-23-19 -- - - 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 afApplieant vrpaform5.doc• rev.W16/2015 Page 12 of 12 '.. DEP FILE #242 - 1764 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: construct a new gravel access driveway off of Chickering Road to serve proposed gravel and grassed overflow parking, with associated stowinwater system and plantings (at entrance, along gravel drive and parking and perimeter of work for screening and aesthetics). Work related to Chickering Road curb cut, gravel access drive, stromwater infiltration basin, associated grading and landscaping will take place within the 100-Foot Buffer Zone to Bordering Vegetated Wetland. 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: The Trustees of Reservations c/o Elizabeth Keary Soule Site Plans: • '137 Andover Street Record Conditions Plan of Land" (Sheet 2 of 12) - prepared by Meridian Associates, signed and stamped by Kevin Danahy PLS,revision dated October 2, 2019; • "Site Plan in N. Andover, MA" (Sheet 3 of 9) -prepared by Hancock Associates, signed and stamped by Deborah Colbert PE, scale 1"=40' revision dated December 10, 2019; • "'Site Plan in N. Andover, MA" (Sheet 4 Of 9) -prepared by Hancock Associates, signed and stamped by Deborah Colbert PE, scale 1."=40' revision dated December 10, 2019; • "Details in N. Andover, MA" (Sheet 5 Of 9) -prepared by Hancock Associates, signed and stamped by Deborah Colbert PE, scale 1"=40' revision dated December'10` 2019; ® "Layout and Materials Plan, L100" (drawing No. 6) -prepared by Mykd, scale 1"=40',revision dated October 29, 2019; • "Layout and Materials Plan,, L101" (drawing No. 7) -prepared by Mykd, scale 1"=40',revision dated December 10,2019; • "Site Details, 1,501" (drawing No. 8) -prepared by Mykd, scale as noted,revision dated October 29, 2019; ® "Lighting Photon-tetrics, L600" (drawing No. 9) -prepared by Mykd, 17 Ando%cn `i&t ut�K,,0("hickell it iyu Road W-P IF&04 r,4 764 YEA'Findhq s& Spccial Omdi6ow� Page 6 ask"d 4 DEP FILE#242 - 1.764 not to scale, revision dated.October 29, 2019; • "Plan and Elevations, 10" prepared by Maryann.Thompson.Architects, Scale 1/4"=V, revision dated October 29,2019; • "Construction Plan" (drawing No. 1.1), prepared by Vanesse & Assoc., Inc., signed and stamped by Stephen Boudreau.PE, revision dated October 7, 201.9; Stormwater Management Plan: • "Stormwater Deport in Support of Permit Site Plan for Chickering Road Route 125, North Andover, MA" -prepared by Hancock Associates, revision dated October 29, 2019;. • "Operations and Maintenance Plan" The Stevens-Coolidge Place Proposed New Visitor Center- prepared by Hancock Associates, stamped received October 29,2019; • 2nd Peer Review of Stormwater Management preprped by Horsley Witten Group, signed by Janet Carter Bernardo, PE dated November 4, 2019; • Letter dated October 29,201.9 prepared by Hancock Associates signed by Deborah Colbert, in response to Conservation Agent 08-26-1.9 email comments; • Letter dated October 29,2019 prepared by Hancock Associates signed by Deborah Colbert, in response to Mass DEP-HERO on-line comments; • Email dated December 2,2019 from Town Engineer John Borgesi, recommending condition for culvert investigation. 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 hntent, 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 n 17 AntPE'rem o„occ(&0(Iii;rkv° h ,1�oad�) l)IF'ill e 4242g" NP, hepdinq?ls&spe6iiR 4`o natant ona DEP FILE #242 - 1764 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. 83) of the North Andover Wetlattd Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Departnlent. 31. The following wetland resource areas are affected by the proposed work: 100-Foot Buffer Zone to Bordering Vegetated Wetland (BVW). 'Those 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 of Bordering Vegetated Wetland 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 37 Andovcr Sncc &,0(hgickcr ng kj ad DHIP[He Q42 1764 NACC Spw Aa4 OmUhOow� Pow 3 of t 4 DEP FILE 9 242 - 1764 established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Sectioll 3.4 &Appelidix F oJ'the local Regulations). 34. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 35. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the 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. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. 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. 38. This Order shall be recorded, in its entirety, by the applicant at the Registry of Deeds in-anediately 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. 13 7 Andove SOteoi&,,0(1 rMx6 I�"'Road 11 M-A'F He P2 k2-176 INAC( Hndinp, &,SpecH Con(fiti(m, Nmc 4 o H DEP FILE # 242 - 1764 39, 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 242-1764." 40. 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. 41. 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. 42. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Jhe proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete, Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 43. A row of staked 12" minimum compost Filtrexx SiltSox or equivalent) shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 17 Amdov,.,r Wo.0 0 C O1ucke, ina Road M P[Oc U-12 0 76 k NA(('Fundmg & SpccU Cvndi6ons Pamv of W DEP FILE #242 - 1.764 44. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,100 feet of silt sock and sufficient stakes for staking covered from the elements,and shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion, 45. A check payable to the Town of North Andover shall be provided in the amount of 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 conuriencement 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'l'own 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 his condition is issued under the authority of the local Bylaw. 46, The applicant shall designate a Wetland Scientist(or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion control. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 47. At least once during each week in which construction activities Occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with 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 11,7 Andovcr Street&0(h ckct kip,R I ad 111AT hk,82�2-ll 76 1,1AC( l wdv[,R &Spe6a (ondiOmis Pae 6 of W DEP FILE H 242 - 1764 48. Prior to construction, the applicant shall permanently mark the No Disturb Zone along both wetland resource Series B &D with a total of sixteen (16) signs or markers placed on weather resistant monuments (2x4 pressure treated posts or equivalent) 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. Prior to installation in the field,the placement of these permanent markers shall be subject to review and approval by the Conservation Administrator. The applicant shall instruct all agents to explain these markers to buyers/Lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 49. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. 50. At least 30 days prior to the start of land disturbing activities,the Applicants shall provide to the NACC or its designated Agent for review and comment a copy of Mass DDT's approval letter allowing Rt. 125 curb cut,as well as the Stormwater Pollution Prevention Plan (SWPPP) prepared in consultation with the Applicants' site contractor and project engineer. The SWPPP shall be prepared in accordance with the US Environmental Protection Agency's Storntwater Construction General Permit (USEPA, 2012) and related guidance document entitled "Developing Your Storlilwater Pollution Prevention Plan: A Guide for Construction Operators". 51. Prior to any work commencing on-site, the applicant shall submit to the NACC for review and comment, a detailed sequence of construction, installation of sedimentation/erosion control devices and re-vegetation plan. Once submitted, the applicant, project engineer and applicant shall arrange a sit-down meeting with the Conservation Administrator to review these documents, including the SWPPP, to ensure their understanding and expectations for construction. 52. The applicant shall work with MassDOT on having the existing culvert pipe, inlet and outlet located underneath Route 1.25 at the northerly point of 0 Chickering Road investigated to confirm its condition and level of function. 53. It is anticipated that any necessary maintenance work on the culvert per Special Condition 452 above will fall within the 100-Foot Buffer Zone, however, areas of work 137 Andove+ SUco&0 Chk� a,ring Ro K„ DH'I 0k 82 76 6 i'�ACC V inding &,Spahfl(ondi��ow, Pm,c 7 kyC H IMP FILE#242- 1764 shall be further investigated for the presence of bordering vegetated wetland or other wetland resources and flagged in the field accordingly. 54. Any proposal to clean or maintain said culvert must be presented to the Commission. for review and approval. Anything beyond cleaning/routine maintenance shall require a separate filing;with the NACC. 55. Written confirmation must be provided to the Conservation Commission indicating that approved work on the culvert has been completed. 56. 'IThe 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.. 57. 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 witli an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all. construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 58. 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. L37 Andover°, rc,,l N.0 G hk lwo: n,u Wkwn d DPP hle U2 e2..p 61 NIA CC C m(fings&.{pe faf 6'anka fti€ns 4'bwH e 8,(OW q 4 DEP FILE#242 - 1,764 59. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent and as part of the public hearing process, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 60. Test pit data was used in the design of the stormwater management system. If during construction of the stormwater management system, conditions are not consistent with design assumptions and test pit data, the applicant must submit the NACC revised plans for stormwater management that meets the State Stormwater Management Standards and those established under the Bylaw. 61. All infiltration structures shall be set in natural on-site soils having suitable infiltration capacities as determined through field testing. Proof that all infiltration units drain within 72 hours shall be provided to the NACC prior to issuance of a Certificate of Compliance. 62. Erosion control measures shall be implemented and maintained in accordance with the Construction Period Pollution Prevention and Erosion&Sedimentation Control referenced herein or as required in this Order. 63. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan (O&M) referenced herein. 'I'he first report shall be submitted to the NACC one year after the first stormwater structure goes on-line. The approved Operation &Maintenance Plans are fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity, 64. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in.accordance with the approved Post Construction Operation.and Maintenance Plan (O&M) attached herein and the associated stormwater management conditions mandated herein. 65. The applicant shall provide the NACC with a copy of a maintenance contract/agreement of not less than one year entered into with a certified maintenance contractor for all responsibilities outlined in the O&M (attached herein). The maintenance contract and the qualifications / credentials of the certified maintenance contractor shall be provided to the NACC for its files prior to putting the stormwater management system on-line. This special condition, including ongoing renewals of the maintenance contract by qualifier personnel, shall survive the issuance of a Certificate of Compliance (COC) for the project. Upon request, the Applicant shall provide the Commission with copies of subsequent renewals of the maintenance contract following the initial period. 3 1 Andover SH 'N 0 4 noddx^ ttw'R oad D T pule Q 176 NMA'6 indiw_,s k SpGxin8� on(FC ons Page 1)of 14 I)EP MIX #242 - 1764 66, The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, out-let 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. 67. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 68. Upon beginning work, the applicant shall submit written progress reports every month 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 and can be a part of the weekly erosion control reports. 69. 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 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, 70. 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. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness-whichever is most applicable as determined by the Conservation Coinn-tission or its staff. 71. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November 1st of each year. Outside of the 37 Andover Shce(& 0(hkix6ng Ilk I flQ 10 767 "'I'V'I`If w&lws K spcewl Concfifiicms DEP FILE 9 242 - 1764 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. 72. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor,Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily, 73. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 74. The construction access for the project shall be swept daily to remove sediment deposited by construction vehicles accessing then site 75. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 76. 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. Flowever, no trash dunipsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 77. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 78. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER. CONSTRUCTION 79. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of L37 An"Jove� Y I eo� &0 ChickcHng Road DPP[-Hc{f242-ll 70 NACC hndh)gs&Special(oncfituom Pagy�.' I k of 14 DEP FILE #242 - 1764 Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 80. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the'gown's Wetland Protection Bylaw and shall remain in perpetuity. 8L 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, 82. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by foaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 83. The use of coal tar-based pavement sealants is prohibited on the property, as they have been determined to contribute high levels of polycyclic aromatic hydrocarbons (PAHs) to storinwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 84. 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. 85. 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. 1 0 y\iid(wrr Snect&D¢'hhj H III g kowJ OLI)@ i I e iQ42-�61 NjACC hndhig & Sp�,,AA Omdi�i(ms P mac V 2(If V 4 DEP FILE #242 - 1764 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 & stormwaLer management structures constructed within 100 feet of any wetland resource area. "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 g U-t 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-Disturbance Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separatefiling 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; Resource Area Markers (Condition #48); Maintenance of catch basins (Condition#63, 65, &66); Discharge or spillage of pollutants (Condition #78); Prohibition of underground fuels (Condition #79); Limitations on the use of fertilizers,herbicides, pesticides, road salts, de- icing compounds, and coal tar based pavement (Conditions #80 &83); No dumping of leaves, grass clippings,brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone. Compliance with the attached "Operations and Maintenance Plan. No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report. 37 Andover SV ccu',K 0 G'hicku!inn R'oad DEG P h fle U242.t 76 P NAX C I in(Hnp&Speci,,d Comfitium hqw 13 cA N DEP FILE #242 - 1764 APPENDIX A-AFFIDAVIT .. _ on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHL.CIC AT LEAST ONE BLOCK) 1.-. ..._.._ I am the (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions#242-1764 have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2..._____ 1 am the_ of................... ........... (position with owner) (owner naive) the owner upon whose land Order of Conditions#242-1764 have been placed up by (DEP or NACC number) the North Andover Conservation.Commission. 3. _.........__—I hereby affirm and acknowledge that I have received said Order of Conditions#242-1764 and have read the same and understand each and every condition which has been set forth. in said Order of Conditions. 4. _ .....__I hereby affirm and acknowledge that on this day of 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 Order of Conditions#242-1764 are presently in compliance. 5. ......._.I hereby affirm and acknowledge that this doctunent 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 242-1764. (DEP File#) Signed under the pains and penalties of perjury this_ clay of .19 (Signature-authorized agent of applicant or owner) U7 f7imfilvet `° Iceh&41 P`q�ilaB�um�t4u,Road IPFT f de 8242 PB,$ Nr7C 'hw iMA_ £4 Sllpea'W G a.;oid dirk: PiwC40H Civil Engineering Land Surveying Environmental. Consulting Landscape Architecture HANC0.('"_,K AIAEel The Stevens-Coolidge Place Proposed New Visitor Center Operations and Maintenance Plan p��yA 6' a iWVJt'4��l�l f�l 1DO V U 1 carl P►,tv TION Cc�PINIsSioN Prepared By: Hancock Associates ##22587 Prepared For: The Trustees of Reservations Checkering Road, Route 125 North Andover, MA DANVERS OFFICE MARLBOR©UGH OFFICE 185 Centre Street,Danvers,MA 01923 315 Elfin Street,Marlborough,MA 01752 Phone: (978)777-3050 Fax:(978)774-7816 Phone: (508)460-1111 Fax:(508)460-1121 www.liaticookassociates.com Standard 9: Operations and Maintenance Plan The information provided herein is intended to provide the base information for operation and maintenance of the site in perpetuity subject to updates and revisions as required at a future date.As such all future property owners must be notified in writing of the this plan,and be provided with a copy of this plan,a complete set of the design drawings,and/or a completed as-built plan showing all the drainage features as they were constructed. Please see the attached Operations and Maintenance Log. Stormwater management system owner: Trustees of Reservation The party responsible for operation and maintenance: Stewardship Manager for the Stevens-Coolidge Place Illicit Discharge-Practices to Minimize Storm Water Contamination • All trash and debris from the site will be deposited in trash receptacles which will be emptied regularly. ® All site vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. • All paint containers and curing compounds will be tightly scaled and stored when not required for use. Excess paint will not be discharged to the storin sewers,but will be properly disposed according to the manufacturer's instructions. Infiltration basin. Any accumulated silt,trash,or debris shall be removed from the infiltration basin. Note any settlement or erosion around drainage inlets,stabilize any eroded areas. Any obstructions including any woody vegetation in the flow path shall be removed. Rip-rap shall be replenished as needed. If silt reaches half way up the rip-rap,it shall be removed and the rocks replaced or replenished as needed. Stone Diaphragm: Inspect stone diaphragm after every significant rainfall event. Repair damage as needed.Remove sediment as needed, Drainage Swale Maintenance Although not a structural component of the drainage system,the maintenance of vegetated areas may affect the functioning of stormwater management practices.This includes the health/density of vegetative cover and activities such as the application and disposal of lawn and garden care products,disposal of leaves and yard trimmings, Check Dams; Inspect check dams after every significant rainfall event. Repair damage as needed. Remove sediment as needed. Vegetated Areas; Initial Post-Construction Inspection During the initial period of vegetation establishment plantings shall be inspected twice in first year by contractor or owner.Any dead vegetation/plantings found after the first year will be replaced. Proper mulching is mandatory and regular watering may be required initially to ensure proper establishment of new vegetation, bong-Tern Maintenance The planted areas shall be inspected on a semi-annual basis and any litter removed.Weeds and invasive plant species shall be removed by hand.Maintain planted areas adjacent to pavement to prevent soil washout.Immediately clean any soil deposits on pavement.Leaf litter and other detritus shall be removed twice per year.If needed to maintain aesthetic appearance,perennial plantings may be trimmed at the end of the growing season. Pesticide/Herbicide Usage No pesticides are to be used unless a single spot treatment is required for a specific control application. Checkering Road Operation and Maintenance Lod NOTE: See Operations and Maintenance Plan for details of inspection requirements. Inspections for Year: Best>la enleHt P�racttce Actton \ \\\ , :..\. \�$ Completed B \{'omm,eI2t$\\\\\\\\\\\ \ \ \ Infiltration Basin Inspect/Clean Inspect twice per year. Inspect/Clean Clean and mow as required, Outlet Control Structure Inspect/Clean Inspect twice per year. Clean as required. Inspect/Clean Grass Treatment Swale Inspect Inspect after significant rainfall event. Inspect Maintain as required. Stone Dianhra-m Pretreatment Inspect Inspect after significant rainfall event.Repair as needed. Inspect Maintain as required. Drainage Pipes Inspect/Clean Inspect twice a year. Maintain as required. PERNUT SITE (2) 18- ADS PIPES PLANT S=0.01 N AhA.do .Nfz=ch—01945 PROPOSED OUTLET PROPOSE FLARED-END CONTROL STRUCTURE $9.46.46 0.0f L� 1500 GAL PRECAST SEC lq�/. ZIP P WITH VAP i-L—ocic LOT , V�%� OLV 5'7_"-� o i 11 , , 1 012- ,INV; 1� ' 1 _ I CONCRETE TANK jf?� MODIFIED FOR V-NOTCH Y /* WE THE IR(30 DEG) @ 206.5' TRUSTEES UT=206.1- OF RESERVATIONS -1-0 APIS-11)APES r- ,ROPOSEIJ GRASSter ; S---Q.013 TREATMENT SWALg HANCOCK I PR&OSE�, CHECK M ASSOCIATES 6. WqE� It \L- 1' HfGH 4 1 Jv) t J v Ir > > Jel PROPOSED FLARED-END SECTION WITH RIP-RAP .4_ INV OUT=208.5' PROPOSED FLARED-END crm7jm _rxfaZ, AND SEC110N WITH RIP-RAP uR�PDSE ONE f MANTERANCE INV. OUT=209.0' DIAP,HRAGPLAN PROPOSED CHECK DAM of � PR EA*ENT 6' WIDE 1' HIGH om 2=7