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HomeMy WebLinkAbout- Permits #242-1428 - 8-100 Compass Point Road 7/26/2010 I - a y Massachusetts department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection--Wetlands MassDEP File#:242-1428eDEP Transaction#:323489 Ll PA Form -Urder of� ►nditi� s City/I'own:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §400 A. General Information 1. Conservation Commission NORTH ANDOVER 2.Issuance a. 1✓ OOC b.F- Amended OOC 3.Applicant Details a,First Name PRIEHU b.Last Name HINGORAN1 c.Organization ONE HUNDRED FOURTEEN TRUST d.Mailing Address 51 MOUNT JOY DRIVE c.City/Town TEWKSBURY f State MA g dip Code 01876 4. Property Owner a.First Name b.Last Name c.Organization d.Mailing Address e.City/Town f State g.Zip Code 5.Project Location a.Street Address LOT 4N-A TURNPIi{E(ROUTE 1.14) b.City/I'own NORTH ANDOVER c.Zip Code d.Assessors Map/Plat# 106D e.Parcel/Lot# 63 f Latitude 42.63421N g.Longitude 71.07235W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ES SEX 4158 216 i 7.Dates r a.Date NOI Filed: 5/15/2068 b.Date Public Hearing Closed: 7/21/2010 c.Date Of Issuance: 7126/2010 8.Final Approved.Plans and Other Documents a.Plan Title:• b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: MERRIMAC CONDOMINIUMS, PATRICI�-,C.GARNER PATRICK C„GARNER,PLS NORTH ANDOVER, June 30,2010 MASS.SHEETS 1-20 CO.,INC AND IS.ANAYO f,ALA,P.E. (INC,20A-D) 1 Page 1 of 10 *ELECTRONIC COPY 1 Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File 9:242-1428 Bureau of Resource Protection- Wetlands eDEP Transaction 4:323489 WPC Form 5 -Order of Conditions City/Town:NORTH ANDOVER 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 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. V Public Water Supply L F_ Land Containing Shellfish c.r" Prevention of Pollution d. T7 Private Water Supply e. I- Fisheries f F protection of Wildlife Habitat g. F Ground Water Supply h. F, Stonn Damage Prevention i. ry Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations, This Commission orders that all work shall be performed in accordance with the,Notice of Intent referenced above,the,following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ,from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b,r-The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued,A description of the performance standard which the proposed work cannot meet is attached to this Order. e, of the work on the,interests c.r The information submitted by the applicant is not sufficient to describethe the work or effect identified in the Wetlands Protection Act,Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CAM 10.05(6)(c). 3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and Bank or Bordering �_A_inear feet Vegetated Weltand boundary Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. F_Bank a.linear feet b,linear feet c'linear feet d.linear feet 5.F-1 Bordering Vegetated Wetland 290 290 1272 1272 a,square feet b,square feet c,square feet it,square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet �.-square feet Page 2 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided bY M assDEP: MassDEP File#:242-1428 Bureau of Resource Protection-Wetlands eDEP Transaction#323489 WPC Form 5 -Order of Conditions City/Town:NORTI-I ANDOVER Massachusetts Wetlands protection Act M.G.L. c. 131,§40 e.c/y dredged f c/y dredged 7.1-Bordering Land Subject to Flooding a,square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g,cubic feet h.cubic feet 8.F isolated Land Subject to Flooding a,square feet b,square feet Cubic Feet Flood Storage c.—,ubi,feet d.—cubic feet e-,cubic feet Tcubifeet 9,r-River1ront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c,square feet d.square feet e.square feet Ts—quate feet Sq ft between 100-200 ft g,square feet h.square feet i.square feet Ts—q oars-feet Coastal Resource Area Impacts,: Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 10,F Designated Port Areas Indicate size under Land Under the Ocean,below 11,I` Land Under the Ocean a.square feet b,square feet c�c/y dredged d.c/y—dredged 12,r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13, 'Coastal Beaches a,square feet b.—square feet c.c/y nourishment d,c/y nourishment 14,r-Coastal Dunes a,square feet b-.—square feet c,c/y nourishment d,c/y nourishment 15.r-Coastal Banks -Z linear fet b-.—Iinearfeet 16,FRocky Intertidal Shores a.square feet -&—square feet 17.F Salt Marshes a,square feet b,square feet c,square feet d.square,feet 18,r Land Under Salt Ponds a.square feet K—square felt c,c/y d.cly—dredged Page 3 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDFP: -Wetlands MassDEP File#:242-1428 Bureau of Resource Protection eDEP Transaction#:323489 WPA Form 5 - {girder of Conditions city/rowD.NORTI.-I ANDOVER Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 19.V-I,and Containing Shellfish a.square feet b.square feet c,square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the, 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.ely dredged 21.r-Land Subject to Coastal Storm Flowage a.square feet b.square feet 21 I- Restoration/Enhancennent(For Approvals Only) if the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. F Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of now stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 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. 1 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: If a,the work is a maintenance dredging project as provided for in the Act;or b,the time for cornpletion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, Page 4 of 10 *ELECTRONIC COPY Massachusetts Department of E�nvironmental Protection Provided by MassDEP: MassDEP File#:242-1428 Bureau of Resource Protection-Wetlands ODEP Transaction#:323489 WPA Form 5 -Order of Conditions City/Town-NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 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 hi 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,d, Index under the Dame of the owner of the land upon which the the Final Order shall also be noted in the Registry's Grantor 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.. cc three square feet in size bearing the words, 10. A sign shall be displayed at the site not less then two square feet Massachusetts Department of Environmental Protection" [or'MassDEP"I Fit-.Number:"242-1428" IL Where the Department of Envirorrmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a patty to,all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(IATA 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, in control of the property subject to this Order and 16. This Order of Conditions shall apply to any successor in interest or successor to any contractor or other person perforraing work conditioned by this Order. 17� Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wettand in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.once in place,the wetland bounda ry markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body,During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) F is not(2)F subject to the Massachusetts Stormwater Standards, If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(f3MPs)shall remain in place until the site is fully stabilized, and until a Registered b) No stormwater runoff may be discharged to the,post-construction stormwater BMPs unless professional Engineer provides a Certification that:L all construction period 13MPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BWs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Page 5 of 10 ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1428 Bureau of'Resource protection-Wetlands eDEP Transaction#:323489 WPA Form 5 -Order of Conditions CityffowmNORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Lit the BMP has been properly cleaned or prepared for post construction operation, Handbook BMP specifications and that p including removal of all construction period sediment trapped in inlet and outlet control structures;it..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;W. any illicit discharges to the stormwater management system have been removed,as per the requirements of Storrnwater Standard 10;iv, all post-construction storinwater BMPs are installed in accordance Will'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. maintenance until the issuing authority is notified that another party has legally assumed c) The landowner is responsible for BMP Certificate of Compliance,or Partial Certificate of Compliance,the responsibility for BMP maintenance.Prior to requesting d submit to the issuing authority an Operation and responsible party(defined in General Condition 19(e))shall execute an sible for Maintenance Compliance Statement("O&M Statement")for the Storrnwater 13MPs identifying the party respon implementing the stormwater BMP Operation and Maintenance Plan(11O&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 41 writing of their ongoing legal responsibility to operate and maintain the stormwater management 13MPs and implement the Stormwater Pollution Prevention Plan. I shall be implemented in accordance with the long-term pollution d). Past-construction pollution prevention and source control t able,the StorarwateiTollution.prevention Plan prevention plan section of the approved Stormwater Report and,if applicable, required by the National Pollutant Discharge Elimination System Multi-Sector General Permit c) Unless and until another patty 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 I 9(�through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and casement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. accordance with the design plans,the O&M Plan, The responsible party shall operate and maintain all stormwater 13MPS in and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location);Conservation Commission("Conunission")upon request;and 2.Make the maintenance log available to MassDEP and the inspect the site to evaluate and ensure �P and the Commission to enter and iDSP 1 Allow mcmbers and agents of the MassDEP 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 s I hall be disposed of in accordance with all applicable federal,state,and local laws and regulations, c prohibited. 1) Illicit discharges to the stormwater management system as defined in 310 CMR 10,04 ar j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority.k) Areas designated as qualifying pervious areas for the purpose of the Low impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around Page 6 of 10*FLECTRONIC COPY Massachusetts Departinent of ri,11vironniental Protection Provided by MassDE P: MassDEP File 4:242-1428 Bureau of Resource Protection-Wetlands eDl-,P Transaction#:323489 WPA Form 5 -Order of Conditions City/TownNORTHANDOVER Massachusetts Wetlands Protection Act M.G.L� c. 131,§40 LA,�-� ... s ton.uwater BD4Vs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED Page 7 of 10 ELECTRONIC COPY Massachusetts Department of Environmental protection Provided by MassDEP: MassDEP File#:242-1428 Bureau of Resource Protection- Wetlands eDEP Transaction#:323489 WPA Form 5 - Order of Conditions Citytrown.NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c..131, §40 A Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?F, Yes r- No 2. The Conservation CqmMiaaign-k1leb check one that qpplies a. F- DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b° r, APPROVES the proposed work,subject to the following additional conditions, NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2,Citation CHAPTER 178 PROTECTION BYLAW 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 firoin the plans,specifications,or other proposals submitted with the Notice of Intent the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED Page 8 of 10 ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#-242-1428 Bureau of Resource Protection- Wetlands cDEP Transaction#:323489 WPA Form 5 - Order of Conditions City/Town.NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 13 1, §40 E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified 7/26/20W pursuant to General Condition#4.if this is an Amended Order of Conditions,the Amended 1.17ate of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form,This Order must be signed by 4 a majority of the Conservation Commission, 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: Deborah Feltovic Louis Napoli John Mahon Jose h Lynch 7hy band delivery on F 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 belshe is not the appellant. Any appellants seeking to appeal the Departmerifs,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 i how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.O.L.c.131,§40),and is inconsistent with the wetlands regulations(3 10 CN4R 10-00).To tile extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10 *ELECTRONIC COPY Massachu.setts Department of Environmental Protection Provided by MassDEP: 242-1428 Bureau of Resource Protection - Wetlands MassDt P File WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction North Andover ILI] City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 7 Conditions#4,from the date of issuance. ate of ssuance condition pursuant to General P I Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. Num er of signers The Order must be mailed by certified mail(return receipt requested)or hand:delivered:to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: El by certified mail, return receipt bY hand delivery on requested, on ,ua—q-w -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 of Departmental Action Fee Transmittal Form, as provided in 310 CIVIR 10,03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or 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. page 11 of 12 wpaforrn5.doG• rev.12123fOg Massachusetts Department of Environmental Protection Provided by MassDEP: ion-Wetlands MassDEP File#:242-1428 Bureau of Resource Protect eDEP Transaction#323489 WPA Form 5 - Order of Conditions City/Town:NORTU ANDOVER 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 this page shall be submitted to,the Conservation Commission listed below. NORT14ANDOVER Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Columis.sio I n I I I....—.........—.............. ................. .. ........... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: LOT 4N-A TURNPHKE(ROUTE 114) 242-1428 Project Location MassDEP 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: Tp—str—ument Number If registered land,the document number identifying this transaction is: Doom-nentNumber Rev.319010 Signature of Applicant Page 10 of 10 ELECTRONIC COPY DEP FILIE H 242 - 1428 * Public hearings were held on'4-1-le following dates: May 28,2008, October 8, 2008, November 5, 2008, August V� 2009, March 10, 2010, April 28, 2010, May 19, 2010, June 9, 2010,June 23, 2010,July 14,2d to and July 21, 2010. The applicant requested various continuances -throughout thIL process. s about wetland alteration * At the October 8, 2008 meeting the NACC discussed concern due to overstory clearing of the site resulting in changes to wetland characteristics including shading/temperature,vegetation.,wildlife habitat, and water quality. * At the October 8, 2008 meeting and at subsequent meetings, the NACC expressed concern about underground stormwater structures that could potentially change groundwater hydrology and possibly deprive the vernal pools of water. * At the March 10, 2010 meeting the Patrick Garner, the applicant's representative, presents the use of porous pavement to address the NACC's concerns about changes in site hydrology. I * Injure 2010, the applicant egan monitoring the two certified vernal pools on the property. A control pool 1 as identified on town land off of Berry Street. A monitoring gauge will be installed an( . the additional pool will be monitored. * The public hearing was closed on July 21, 2010�. 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 and Local (as applicable) 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 Wi 20. The proposed work includes: The construction of pervious asphalt residential roadways and associated infrastructure to access 49 townhouse style units, sformwater management structures, and resource area and buffer zone mitigation/restoration, portions of which are within Bordering and isolated Vegetated Wetland (BVW & IVW) and the associated 100-foot buffer zones and the Buffer Zone to Ephemeral Pools. The project will permanently alter 290 square feet of Bordering and 5,693 square feet of Isolated Vegetated Wetland. 1,272 s.f.. of Bordering Vegetated Wetland replacement is proposed. 21. The work shall conform to the following: Applicant: Pribhu Hingorani One Hundred Fourteen Trust 15 Mount Joy Drive Tewksbury,MA 01876 Property owner: Same 242-1428,Lot 4N-A Turnpike St,MerriMae Condominiums revised.doc 2 NACC 7/26/2010 DEP PILE 242 - 1428 Notice of Intent filed by: Patrick Garner Patrick C Garner Co.,Inc. 109 Whitney Street Northboro, MA 01532 Date: May 12, 2008 Received: May 14, 2008 Site Plans prepared by: Patrick C Garner Co., Inc. 109 Whitney Street Northboro, MA 01532 Stamped by: Patrick C. Garner, Professional Land Surveyor and Kanayo Lala, P.E. Record Plans: "'Merrimac Condominiums, North Andover, Mass." and ""49-Chap. 40B Residences, North Andover, Mass.", Sheets 1 - 20 (Inc, 20A-D),last revised: June 30, 2010. Sheet I of 20 Overall Boundary Sheet Index Plan Sheet 2 of 20 Building Layout Plan Sheet 3 of 20 Building Layout Plan Sheet 4 of 20 Existing Topography Sheet 5 of 20 Final Grading Plan Sheet 6 of 20 Final Grading Plan, Sheet 7 of 20 Drainage &Util. Plan Sheet 8 of 20 Drainage &Util. Plan Sheet 9 of 20 Landscaping Plan Sheet 10 of 20 Landscaping Plan Sheet 11 of 20 Pre-Development Watersheds Sheet 12 of 20 Post-Development Watersheds Sheet 13 of 20 Road Plan&Profile Sheet 14 of 20 Road Plan&Profile Sheet 15 of 20 Details Sheet Sheet 16 of 20 Details Sheet Sheet 17 bf 20 Details Sheet Sheet 18 of 20 Conservation Plan Sheet 19 of 20 Conservation Plan Sheet 20 of 20 Phasing &Erosion Control Plan Sheet 20A Phase I Sheet 20B Phase 2 Sheet 20C Phase 3 Sheet 20D Phase 4 Record Documents: Hydrological Study 242-1428,Lot 4N-A Turnpike St,Merrimac,Condominium revisedAc 3 NACC 7/26/20 10 i DE P FILE'#242 - 14.28 Merrimac.Condominiums Route 114,North Andover Prepared by: Kanayo Lala, P.E. Date: April 28,2008 Revised September 22, 2008 and June 30, 2010 f Wetland Restoration Merrimac Condominiums j Prepared by Patrick C. Garner Company,Inc. Date: May 8, 2008 Revised: May 27, 2010 Operation& Maintenance Report Merrimac Condominiums Route 114 North Andover, Massachusetts Prepared by: Patrick C. Garner Company,Inc. Date: May 8, 2010 Last Revised: July 15, 2010 Invasive Plant Control Guide. Merrimac Condominiums North Andover,Mass. Prepared by: Patrick C. Garner Company, Inc.. Dated May 25,2010 Revised May 27, 2010 Division of Fisheries &Wildlife NHESP Vernal Pool Certification Forms and Maps Certified Vernal Pool: 4045 and 4056 Date Certified 2006-06-19 Letter From: Thomas French,Ph.D., Assistant Director Dated June 20,2006 Peer Review Letters Emails from Lisa D. Eggleston,P.E. (Stormwater) Eggleston Environmental Dated: August 18, 2008;February 3, 2010; May 28, 2010; June 4,2010;June 23, 2010;July 14, 2010 Subject: Merrimac Condos Letter from Lisa D. Eggleston,P.E. Eggleston Environmental Dated: October 6, 2008 and July 14, 2010 RE: Stormwater Management Review and Stormwater Technical Review 242-1428,Lot 4N-A Tiirnpike St,Merrimac condominiums revised.doe 4 NACC 7/26/2010 DEP FILE 4 242 - 1428 Merrimac Condominiums, Route 114 Letter from Patrick Garner Patrick C. Garner Company, Inc. Dated July 12010 Re: Response to joint Peer Review comments from Lisa Eggleston (Eggleston Environmental) June 23 2010, and from Joe Peznola (Hancock Engineering) June 22 2010 Merrimac Condominiums, N. Andover Other Record Documents: Water Quality Test Data for 2 Vernal Pools (and Control Pool) Prepared by: Patrick C. Garner Company, Inc. 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23, The conditions of this decision shall apply to, and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00) and associated 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. 242-1428,Lot 4N-A Turnpike St,merrimac Condominiums revised,doo 5 NACC 7/26/2010 'py '�yp 7��,ev yp.qy ry ry p 1 lY�.�eP FiLl'+�''6�� — 1428 27, The work authorized hereunder shall be completed within tlu ars from the date of this order. 28.This Order may be extended by the issuing authority for one but not more than two f periods of up to one year each upon application to the issuing authority at least th_irty I da s 30 rior to the ex iration date of the Order (Defer to Chapter 178.6 North Andover I Wetlands Protection Bylaw and Section 8.3 of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).. 32. The following wetland resource areas are affected by the proposed work. Bordering Vegetated Wetland (BVW), isolated Vegetated Wetland (IVW-local jurisdiction only), Buffer Zone to BVW and Buffer Zone to Ephemeral Pools. These resource areas are significant to the interests of the Act as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this re source c e area to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource area as approved in the Order of resource Area Delineation issued on 5/25/06 under DEP File #242-1350. 34. 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 minimum No-Disturbance Zone of var in widths shall be established from the edge of the adjacent wetland resource area as depicted on the plans of record referenced herein.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established by the approved plans. 35. Portions of the future No-Disturbance Zone/Buffer Zone temporarily disturbed during construction shall be planted in accordance with the approved Conservation Plan" (sheets 18 & 19 of 20) referenced herein and permanently maintained. The area shall also be monitored and maintained in accordance with the "Invasive Plant Control Guide" referenced herein. Fencing between units and the buffer zone mitigation/No-Disturbance Zone shall be installed prior to unit occupancy. 242-1428,Lot 4N-A Turnpike St,Merrimac condominiums revised.doc NACC 7/26/2010 DE P FILE #242 - 1428 36. The NACC approves the proposed wetland crossing and associated resource area alteration (Filling of isolated Vegetated Wetland-5,693 s.f-and Bordering Vegetated Wetland-290 s-f.) provided that mitigation for this disturbance is conducted in accordance with the approved "Wetland Restoration Guide" and approved plans referenced herein. 37. The NACC finds the applicant's proposal for 1,272 sq. ft. of wetland replication and site wide buffer zone mitigation to be adequate as proposed in the Conservation Plan (Sheets 18 and 19 of 20). success of the replication area shall be measured in accordance with the record documents and the Massachusetts Inland Wetland Replication Guidelines, March 2002. 38. The wetland replication and buffer zone mitigation areas shall be performed in accordance with the plans referenced herein and in accordance with the following special conditions: a The wetland replication area shall be constructed and planted prior to the start of unit ® construction, ed wetland replication and upland restoration areas shall be The boundaries of the propos staked. These stakes shall remain in place until wetland vegetation has become fully established; * Silt fence shall be installed between the edge of the proposed replication/restoration areas and the edge of existing wetland prior to the start of excavation; * The wetland replication areas shall be graded to its predetermined surface elevation. The shall be protected against erosion until re-establishment of wetland exposed substrate vegetation occurs; * The entire wetland replication area shall be surrounded by erosion controls to prevent erosion until it is fully stabilized. 39. A qualified wetland scientist shall monitor the restoration areas for TWO consecutive years) following construction of said growing seasons (May and October for two ' restoration areas. At the end of each seasonal inspection, a progress report and photographs shall be prepared and submitted to the Conservation Department that vigor of the restoration areas. A total of FOUR describes the survivability, health and v at the end of the separate monitoring reports shall be submitted over a two-year period. If first growing season, overall success of restoration activities is not achieved, the NACC reserves the rights to require additional mitigation measures. Mitigation and replication shall be deemed successful when at least 75% of the surface of the replacement area is established with indigenous species. 40. Two certified vernal pools exist on the property within 50-feet of construction activity. These pools and a control pool on Town of North Andover land off of Berry Street shall be monitored per the protocol proposed by the Applicant in"'Water Quality Test Data for 2 Vernal Pools (and Control Pool)" approved and referenced herein. This monitoring shall -- be conducted during the construction period and for a minimum of three years subsequent to the issuance of a Certificate of Compliance. This monitoring shall include 242-1428,Lot 4N-A Turnpike st,Merrimac Condominiums revised.doe 7 NACC 7/26/2010 DE P FILE #242 - 1428 collection and analysis of surface water samples from the on-site and the control vernal pools both monthly and immediately following seasonal snow melt. The parameters that will be recorded include: water/air temperature, % salinity, pH, dissolved oxygen and et samples (location and during construction, turbidity. In addition,four standardized D-n technique to be provided by applicant) will be surveyed for amphibian larvae and macro- invertebrates. The amphibians will be counted and identified to the species level. Sightings of any other vertebrates will be noted and reported. The macroinvertebrates family level. D- will be counted and identified to the fam. net sampling shall begin upon snow melt in the spring and continue as long as water remains in the pool during the vernal pool breeding season. Any changes,in vegetation composition or structure in or around the vernal pool shall be noted and reported. A photographic record shall be provided with the reports. Reports shall be submitted to the Conservation Department on a monthly basis. In July of each year, the applicant shall submit a written report comparing the measured water quality and depth of the on-Site vernal pools with that of the reference vernal pool. The Applicant shall forthwith propose corrective measures as appropriate to rectify any abnormal changes in water quality,water levels or species composition.This condition shall survive the Order of Conditions, but shall be reconsidered three years after the issuance of a Certificate of Compliance. 41. 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. 42. The Master Deed shall contain a restriction prohibiting the seal coating or paving of porous pavement surfaces and requiring maintenance of porous pavement surfaces ce Plan throughout the development in accordance with the Operation and Maintenance approved herein. A copy of the recorded deed shall be provided to the NACC upon the first sale. 43. The owners of the project and their successors in title agree that the Order does not in itself impose upon 7the Town any responsibility to,maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 242-1428,Lot 4N-A Turnpike st,Merrimac Condominiums revised.doc 8 NACC 7/26/2010 DEP FILE 4 242 - 1428 44. 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. 45, This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work.shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording p _ 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 applicanf s expense. 46. 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 242-1428." 47. Prior to the commencement of any work, the applicant shall update and submit to the Conservation Department a NPDES Construction Storm Water pollution Prevention Plan ( PPP) prepared in accordance with EPA Guidance. 48. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant,the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 49 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 Py of this Order of Conditions and referenced documents before commencement of construction, 50. Prior to any work commencing on site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including a dated timetable for the construction of compensation and retention areas, installation of sedimentation/erosion control devices,roadway infrastructure,phasing associated with the development,the construction of the associated stormwater management structures,landscaping activities, and required mitigation/restoration areas. This timetable must continue to be updated monthly throughout the project. 9 NACC 242-1428,Lot 4N-A Turnpike St,Merrimac Condominiums rovised.doc 7/26/2010 DE P FILE #242 - 1428 51. Wetland flagging/staking shall be checked prior to start of construction nd sandbe reestablished where missing. All wetland flagging/staking shall remain ve 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 property placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no uset of machinery, storage of machinery or materials, stockpiling of soil, or construction activi y is to occur beyond this line at any time. 52. All erosion controls used on site shall be weed-free to prevent the spread of invasive plant material. 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 be instal in this Oledeithin 48rdr of Condihours tions Should such installation be required by the NACC, they shall w of the Commissions request. 53.The applicant shall have on hand at the start of any soil disturbance., removal or stockpiling, a minimum of 150 feet of silt fence, and an adequate supply of emergency erosion controls including crushed stone, silt sacks, flock blocks,jute matting and any other erosion controls the applicant proposes to use as part of the Erosion and Sedimentation Control Plan..Said supplies shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Hay bales brought on-site shall be certified weed free or salt marsh hay bales. 54. A check payable to the Town of North Andover shall be provided in the amount of $83,000 prior to the start of construction for Phases 1 and 2. Prior to the start of construction on Phases 3 and 4 an additional check shall be submitted for $30,00 0. The initial $83,000 is broken down into the following categories: Porous Asphalt Roadway & Infrastructure-$50,000, Infiltration Units - $7,500 (178 units),Buildings - $15,000 (5 units),Wetland Replication- $4,000 (1,272 s.f.),, Buffer zone Mitigation (4,470 h shall s.f the subsequent$30,000 for Phases 3 and 4 is for Buildings -$30, (10 units,) whic 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, 242-142 8,Lot 4N-A Turnpike st,merrimac Condominiums revised.doc 10 NACC 7/26/2010 DEP `1LE ##242 - 1428 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 PryLaw. 55. 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 (Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC). 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. 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 erosion control devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 56. At least once during each week in which construction activities occurs on-site and for as ins unstabilized,the a applicant shall submit a written m long ther eafter fter a s ground ie report from the ""Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. In addition, the report shall detail what work has been done in or near resource areas, and what work is anticipated to be done over the next period. 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 following a ma"or storm event of i✓2" inch Control Monitor shall be on site during and/org l of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 57. Prior to construction (or when suitable locations can be confirmed with the Conservation Department),the applicant shall permanently mark the edge of the approved ""No- Disturb Areas"" identified on the approved plans with signs or markers spaced evenly every 25 feet incorporating the following text: "Protected Wetland Resource Area" and 3 circular signs). This will designate their associated rules (1. square sign to every gn ) achment into the wetland. These sensitivity and assure no further inadvertent encro permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 11 NACC 242-1428,Lot 4N-A"Turnpike St,Merrimac Condominiums revised.doc 7/26/2010 DEP FILF,# 242 - 1428 58. Prior to the start of unit construction, a Registered Land Surveyor (R.L.S.) shall stake the foundation locations within the 100-foot buffer zone. These measurements will be verified in the field by the Conservation Department. 59. 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, such as a Management Company, Condominium/Homeowner's Association or individual, subject to said Orders of orrrC Affidavit (attached herein) signed Conditions, the "'Compliance Certification F under the pains and penalties of perjury, stating that said applicant has read these Orders of Conditions and is in compliance with each and every condition. if portions of said land are transferred to different parties, such as individual unit owners., each party is subject to this 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. 60. 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 c'onference with an NACC representative, contractor, 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). [E:ST:O�RMWAT�ER M�A�NA�GEM�EN�T (CONDITIONS I 011ii; 61. All construction and post-construction stormwater management systems shall be constructed in accordance with the approved construction sequence., supporting documents and plans (Sheet 20 and 20A-D) submitted with the Notice of Intent, this Order of Conditions, and the approved Storm titer pollution Prevention and Operation and Maintenance Report referenced herein. 62. Permanent and temporary stormwater structures shall be constructed and functioning as part of the initial project ject phase as detailed in the Erosion Control &Storm Water Pollution Prevention Plan (Sheets 20 and 20A-D), immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site 12 NACC 242-1428,Lot 4N-A Tmupike St,Merrimac Condominiums revised.doe 7/2612010 DEP FILE##242 - 142 directed. towards these basins. Storxnwater structures in the initial phases shall be shall be cleaned and maintained as future phases are initiated. practices shall be maintained as specified in the Long-- 63. All stormwater best management I ith the Tei:m Pollution Prevention and Operations & antenaxice The t submitted approved Operation & Notice of intent and incorporated in the Order of Conditions. Maintenance Deport is fully binding upon the applicant and/or owners, successors, � agents, associations,heirs and assigns and must be adhered to in perpetuity. g of maintenance of the stormwater management systemEnall gineer be ifyi ged to the that the 64. Evidence NACC on an annual basis by a Registered Professional Civil g e system is working as designed and shall include anyNACC as soon as the�f first maintenance invol drainage y be cleaning and repairs. The first poet and reports p�uxbmitedtto retinue to be submitted i stormwater structure goes on er etuity. Compliance with the designed stormwater system and management pp 11 be s t sfied prior to the issuance of a associated stormwater management conditions s a Certificate of Compliance. basins and swales being used for sedimentation and tb , nen '�c 6 xn a sx erd of sediment d ee Temporary and/or p when levels exceed ( ) 65. Temp �' dewatering during construction shall of merit and the infiltration capacity fully restored inches. The basins shall be clean ed prior to final grading and construction of permanent stormwater structures. Porous pavement is proposed throughout the site and shall be tested sli post-construction testing uctiprotoc 1 66. Po its ensure that construction activities servation Department�or approval prior. to the start of shall be submitted.to the Co construction. The protocol shall be designed in accordance with the Asphalt tor meat and strmwater porous con or Po 'ores f ' icatx Center's October 2.009 UNHSC Design Spe cif infiltration Beds". 67. There shall be no increase in the post development discharges from the steormo drainage system.or any other changes in post development cst onditions that alter t p elo ment watershed boundaries as currently depicted in the Notice of Intent and dev p approved by this Order of Conditions. unlit down gradient of BV shall not differ significantly all be noosedixgnentaptiongmto 68. Water quality of the project from the pre-develdp har enent conditions. xor surface runoff leaving the site. wetlands or water bodies from g pipes 69. Prior to the issuancethe apprvedof the Certificate of Compliance, the applicant shall be responsi le for cleaning all stormwater structures, in accordance a ociat dtstormwateTmanagement Maintenance Report attached herein and t conditions mandated herein. 13 NACG 242-1429,Lot 4N-A'rurnpike St,Merrimac condominiums revised,doe 7/26/2010 DE P FILE #242 - 1428 and assignees/ shall maintain all culverts, 70. The applicants, owners, and their successorsas, and other elementsof sins, outlet structures, subsurface infiltration/storage are catch basins, porous asphalt roadways and driveways, unless put into the drainage system including p - er, in order to avoid blockages and eiltaan easement to the Town of North Andov -sit or off-site which might cause failure of the system and/or detrimental impacts to on shall maintain the integrity of vegetative cover on the site. resource areas, and Operation&Maintenance Maintenance shall be done in accordance with the approved Report attached and referenced herein. DURING CONSTRUCTION sequencing shall be I followed throughout all phases of construction as 71. Construction sequ - r-L -D) and in the to the detailed in the Phasing and Erosion Control Pi lan(Sheet 20 a d 20A Operation and Maintenance Re-port, thereby -dnimizing any unnecessary impacts wetland resource areas. standards and procedures shall be followed in the 72. Accepted engineering and construction completion of the project. 73. The contractor will tal<e all steps necessary to control dust onsitc- so that adverse eff ust ects on adjacent resource areas and / or habitat (including vernal d spoowPPFl habitatrequired in Condition ) do note D control shall be instituted in accordance with the approve #47 above. Phase I roadway, and prior to further construction 74. Inu-nediately upon completion of the Ph plicant shall complete a plan prepared by I - activities associated with the site, the ap onwealth .) which accurately Registered Professional Land Surveyor of the Comm etland resource areas as approved depicts the roadway location and it's proximiy to w the conservation under this order of Conditions. Said plan shatll be submitted to tl Administrator for approval. foundation, and prior to further on completion of each dwelling foui 75. immediately up Wed with the site, the applicant shall complete a plan construction activities assoc registered Professional Land Surveyor of the Comrnonwealth(R.P.L.S.) prepared by a R on location and it's proximity to wetland resource which accurately depicts the foundation areas as approved under this Order of Conditions. Said plan submitted shall be sub d to the Conservation Administrator for approval 76. Confirmatory test its will be conducted at the locations of proposed roof infiltration systems S2,S9 and S24 (Phase 1),S29 and S33 (Phase 2),S48 and S5/6 (Phase 3), and S16 at least three locations not previously tested within the and S26 (Phase 4), as well a s prior to the installation�er iltration structures (porous footprint of compass PointCultec infiltration units inorder to ify depth to groundwater and soil pavement and ), type/suitability for infiltration. If these conditions are not consistent with design 14 NACC 242-1429,Lot 4N-A Turnpike St,Merrimac condominiums revised.dor, 7/26/2010 I DEP FILE #242 - 1428 assumptions the applicant must submit revised Mans for the installation of these infiltration structures to the NACC prior to the installation of the infiltration units. 7. porous pavement shall be constructed in accordance with the Ul' H Stormwater Center's J 7 p 1 October 2009 "UNHSC resign Specifications for porn requirements referenced therein. infiltration Beds"',including all materials testing regrr Materials used in the roadway sub-base should be verified by an independent laboratory. infiltrationn Of s asphalt and (porous or p ' �, inuring the installation and eonstructiol Civilnineer shall conduct periodic inspections Cultec infiltration.units), a Professional g amount as necessary to certify' that base materials, installati for on depth, invert elevati Cult o s,ec y we1wellscover, asphalt layers and al other with design plans and sped ications. The certification and.porous asphalt are consis ed as-built plan and letter certifying compliance prior tot e shall be in the form of a stamp issuance of a Certificate of Compliance. n as 79. Crushed stone construction entrances shall be designated at each al tracking access tio the own on the approved plans referenced herein to minimize soil/material and cleaned o p pre inforced roadways and paved surfaces. These entrances shall be necessary throughout the duration of construction. 80. To the maximum extent possible,construction traffic shall remain on des roved lens gnated Sheets construction access roadways detailed on access ways ©r and Dcluired tof the �ey shall be referenced.herein. if additional construction avoi loc ated to maximize the distance from wetland resource areas and construction aide compacting shall be in locations desi soils gnated for infiltration units. Changes in corrstru presented to the Conservation Department prior to implementation. rosion control devices shall be inspected regularly; any entrapped osion controls shall be 8�.. l; resource to an area outside of the buffer zone and he areas of constructionshall remain areas; n stable condition at the replaced as necessary. T close of each construction day. All erosion controls shall bein e place thr Conservation pe som-Lel• duration of any construction on site or unless authorize y finds that physical barriers are necessary in several locations to prevent future of 82. The NACC fin p ' inadvertent encroachment into the wetland resourcereferenced-plans is required prior to unit post and rail fencing.as depicted on the herein p occupation. 83. All existing and proposed catch basins and ail traps on the diment from entering theacent to the project shall be protected by Silt Sacks to prevent s s stem... Silt Sachs shall be maintained and regularly e b e leaned s until drainagey permanently all areas associated with the worl<�on�Conservation on Department has formally approved(heir stabilized and the NACC and/or removal. 15 NACC 242-1428,Lot 4N-A Turnpike St,Merrimac Condominiums revised.doc "7/26/2010 DEP FILE 4242 - 1428 , shall be tested for $4. The sewer lin es on the site, where they cross wetland resource are ds water tightness in accordance with North Andover DP stands be supervised and witnessed by the designated 85. Approved de-watering activities shallp on-site at all times while dewatering is pp erosion control monitor. This designee must eed plans f De-watering activities shall be conducted as shown on that pPrO e laden and occurring. Dew gure shall be monitored daily by the erosion 01a�l monitor to ense towad the wetland resource areas. o water is appropriately settled prior to d g n Of the lands discharge of water is allowed directly into an area subject to tuiidcti cant shad submit a Protection.Act. if emergency de-watering for approval, which provides for the contingency plan to the NACC or its administrator pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. in 86. Associated Pavement and roadways shall be maintained as detailed' the Site operation Supervisor, Maintenance Deport or as directed by staffthe for rosion ng a©the sitentrol remains exposed and un- Protect Manager, or Conservation stabilized. construction's complete,the contractor shall Cond t>_onefficacy #66 and 87. After land development the porous asphalt by implementing the testing protocol require y make an repairs necessary to ensure the porous pavement is fully functional. mal y p ion with this protect shall be clean fill, containing noltarth trash, refuse, 88. Any fill used in connect to lumber,bTicl<s,plaster,wire, r paper, rubbish or debris,including but not limedtor ecs or parts on any of the cardboard, pipe,tires, ashes,refrigerators, foregoing. soil finish grade surfaces shall be immediately land ped ai samosa be loamed, seeded and mulch y or 89. All exposed r of mulch hay. All disturbed layer ed,with y graded,loomed and seeded prior to November of eilizedch year. wit uteamatting or by other gra r season, exposed soil finish gradund climate caces loditions allow for seeding. wring hall be means approved by the NACC 30 r more than constr uction, any area of exposed soils that will be left idle approved b the NACCclays s stabilized with a layer of mulch hay or other means or per d a manent in the buffer zone shalt have slope to steeer than 2;1horizontal: vextical). 90, No re teixiDrat grading either temporary Slopes of steeper grade shall be rip pp p provide permanent stabilization. e ui ment/vehicles shall not be staged overnight within 10fi feet of a 91. Constructionq p wetland resource area. 16 NACC 242-1.428,Lot 4N-A Turnpike St,Merrimac CondoaniDiurns revised.dac 7/26/2010 1 DEP FILE#242 - 142$ 5� feet of any resource cations approved by this department 11 be too stockpiling of soil or other materials within fifty { 92. There shall area. Soils ar other materials shall be stockpile to b erosion controls I real as shown on the approved plans referenced herein.nAny or within the designated a approved temporary stockpile areas shall be adequately surroun e y appro p to prevent migration of sails off-site. vehicles shall be done in designated n De artment. A detail of the proposed location.and � 9 .Washing of concrete truck and other constructionvela Department prior areas as approved by the Cons p design of the tr tank washing area shall be submitted to the Conservation Taep � to the start of construction. 94. All waste generathall be contained ed by, or associated with,the construction activity sThere shall be no r dis asal of waste on the site by any other far within the.limit of work, and away fron7.�any wetland resource are s burying of spent construction materials p off-site. however;no trash t shall maintain dumpsters {or other suitable means) at the means. The appltcan ' of areas subject to protection.under th or las.l the storage and removal of such spent construction materials dunm psters will be allowed w1thtn Bylaw. Por table toilets shall also be located.more than 50' from wetland resource of or this project,there shall be no discharge o dischspillaa ge of anpy work p ills or a s 95. Touring and after wce area. p licant other pollutants into any wetland resoux the NACC shall be notified by th 1fT0 feet of one {�) pollutant during any phase of consbe business day. No construction vehicles are n or maintenance is within wetland resource areas, and a resource ai no vehicle refueling, equ p to be done within 100 feet of AFTER CONS"TRUC T hall be allowed an any lot within one-hundred Conditions 96,No underground storage of fuel oils s is issued under the authority land resource area. This condition shall sur ive this Order a feet of any wet This condi , and shall run with the title of the property. of the Towr'S Wetland protection ByLaw must submit proof of the farm of a written.and signed document 97.Pri or to the issuance of a Certificate of Compliance,the applicant contract to the Conservation department i er etual conditions responsible for conducting the perand site in to from the assignee(s) o this contract,the applicant shall submit an accordance with the Operation&'on i tenan.ce deport p ce mandated in this Order. In addition roved 't from..the assignee {s) acknowledging the Oprris��n accordance�wi h the app Affidavit responsibilities of the stormwater management a es to the person d ce Plan and other perpetual conditions undated in this Or er• operation& Maintenance The Conservation L epartment shall be notifiednMaintenanceReport responsible for the long-terra Operation an17 NAcc 242-1428,Lot 4N-A Turnpike St,Merrimac condominiums revised.dac 7/26/2010 DEP FILE #242- 1428 98. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance Zohe4No� ean of the site and wetlands. In addition, permanent signs designating""No-Salt along "N o-Snow Stockpiling Zones"" shall be displayed in prominent locations aloi Disturbance Zone as approved by the Conservation Department. Designated snow wing of porous asphalt areas shall be utilized per the stockpile areas and proper plo approved plans and documents referenced herein. 99. 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 condition shall survive within 100 feet of a wetland resource area. This shall not be used this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. r s 100. There shall be no dumping of leaves, grass clippings,brush, or other deb i into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. 101. Upon completion of construction and grading, all disturbed areas locate shall d outside resource areas shall be stabilized permanently against erosion. This be done by foaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 102. Upon approved site stabilization by Conservation staff,the erosion controlshall be seeded. shall be removed and properly disposed of and all exposed unvegetated areas s. 103. 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. Registered Professional Civil Engineer of the h. A written statement from a Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission and that the drainage systems have been installed and are functioning according to the approved plan. i. All inspection reports required during construction have been submitted. 18 NACC 242-1428,Lot 4N-A Turnpike St,Merrimac Condominiums revisedAoc 7/26/2010 DEP FILL 4 242- 1 28 j Maintenance contracts in place. y a 1<. An ""As-Built" plan prepared and signed and stamped brveRegistered o�i� the Professional Civil Engineer (and/or Registered Professional This planplan w�Surveyor) Commonwealth, for the public "As-Built" post-development elevations oelelvatzons constructed within 100 management structures, including invert feet of any wetland.resource area. ATE: h pthan ortions he entire structureof the emrust systems exist partially within the Buffer Zone be depicted to accurately verify compliance. post construction topography including > or all elevations and gradesbuffero£nleed or altered wetland resource areas including the encamp ource areas. Structures inc but Distances fromadditions, f structures to wetland ressheds are not limited to)building units, septic systems rf ace utility a d degs Sf stone walls, pools,retaining walls, subsu A line showing the limit of work and the extent of existing g erosi n control devices. ''work" includes an disturbance of soils or g � entering e.property.th Location of all subsurface utilities en Deviations from the approved plan shall be noted and explanation for the deviation provide& shall survive the issuance of a Certificate of 104. The following special conditions compliance (COC) for this project: A No-Disturbance Zone shall be established from.. ���g$o Future work wetland resource areas as ent approved under D within 100' of existing wetland resource areas wilrland/or other agents of re a separate g with the NACC. The Conservation A to waive dm the setbacks as established the NACC do not have the authority under this Order; Maintenance of porous pavement (Condition#42) Resource Area Markers (Condition 457); Vernal fool Monitoring (Condition#40); Maintenance of porous pavement and all culverts, collections basins/ traps, age areas, and other the outlet structures, subsurface stor s stem, unless put into an easement to the Town of North drainage y 19 NACC, 242-1428,Lot 4N-A Turnpike St,Merrimac Condominiums revised.dar, 7126/2010 IMP FILE#242 - 1428 Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (,Condition#70); > Discharge or spillage of pollutants (Condition # 95); > Prohibition of underground fuels (Condition #96); > Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #98 & #99); > Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #100); The approved and attached "Operation and Maintenance Report" shall be adhered to. No additional filings will be required to conduct maintenance of the above referenced system and plan (Condition#63). 242-1428,Lot 4N-A'Furnpikc St,Merrimac condominiums revised.doc 20 NACC 7/26/2010 DEP FILE 242 - 1428 APPENDIX A- AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE LOCK) I am,the of _ 1 (position with applicant) (applicant name or company name) the applicant upon whom.Orden:of Conditions have been placed upon by (DEP or NA CC mimbeO the North Andover Conservation Commission. &/or 2_ 1 am the of (positron with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North.Andover Conservation Commission. 8e I 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File ) and every condition which has been set.forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions . are presently in compliance. (DEP File##) & I 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File##) i Signed under the pains and penalties of penury this day of 19 i (Signature authorized agent of applicant or owner) J 242-1428,Lot 4N-A Turnpike'St,Merrimac Condominiums revised.doc 21 NACC 7/26/201 Q