HomeMy WebLinkAbout20160419 Wetlands order of protection - Stormwater Report - 2302 TURNPIKE STREET 4/12/2016 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1671
--_ WPA Form 5 - Order of Conditions eDEP Transaction#:819966
Mass chusetts Wetlands Pr to i Ac M.G.L. . 13},§40 C.ty/Town:NORTH ANDOVER
17
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a, F OOC b.r- Amended OOC
3.Applicant Details
a.First Name DAN b.Last Name GILL
c.Organization EARTHWORKS,INC.
d.Mailing Address 23 ASH STREET
e.City/Town NORTH ANDOVER f.'State MA g.Zip Code 01845
4.Property Owner
a.First Name KEVIN b.Last Name MURPHY
c.Organization MURPHY FAMILY EDUCATIONAL TRUST
d.Mailing Address 169 BOXFORD STREET
e.CityfFown NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 2302 TURNPIKE STREET
b.Cityfrown NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 108A e.Parcel/Lot# 009
f.Latitude 42.62574N g.Longitude 71.05804W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 9834 206
7.Dates
a.Date NOI Filed: 11/20/2015 b.Date Public Hearing Closed:4/13/2016 c.Date Of Issuance: 4/14/2015
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EARTH WORKS
SITE
DEVELOPMENT WILLIAMS& MATTHEW E.MOORE 04/12/2016 1"=20,VARIES
PLAN(DRAWINGS SPARAGES
C-1 THROUGH C-
14)
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Massachusetts Department of Environmental Protection Provided by MassDEP:
\' r Bureau of Resource Protection-Wetlands MassDEP File#242-1671
\-_ WPA Form 5 -Order of Conditions eDEP Transaction#:819966
City/fown:NORTH ANDOVER
t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
t
Be Findings
1.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. f-, Public Water Supply b. 1— Land Containing Shellfish c.III Prevention of Pollution
d. E Private Water Supply e. r Fisheries f. r, Protection of Wildlife Habitat
g. r Ground Water Supply h. I,,- Storm Damage Prevention i. ry Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.r 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 fi-om the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.l The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.C✓ Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 25
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. f Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.F Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a.square feet b.square feet c,square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
�,_--- Bureau of Resource Protection-Wetlands
MassDEP File 11:242-1671
VGA Form 5- Order of Conditions eDEP Transaction#:819966City/fown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G,L.c. 131,§40
e.c/y dredged f.c/y dredged
7.r—Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.1—Isolated Land Subject to Flooding
a.square feet b.square Feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfiont Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet c.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
10.C Designated Port Areas Indicate size under Land Under the Ocean,below
11.1 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.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.C Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.1 Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.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 b.square feet
c.c/y dredged d.c/y dredged
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1671
�`-���
WPA Form 5- Order of Conditions eDEP Transaction#:819966
City/rown:NORTH ANDOVER
(i` Massachusetts Wetlands Protection Act M.G.L.c, 131,§40
L1
19.F-Land 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.c/y dredged
21.r—Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
[— Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W 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 new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
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 giant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,fiom 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,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1671eDEP Transaction#:819966
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 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:"242-1671"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DER
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18, All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction 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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1671
19966
WPA Form 5-Order of Conditions eDETown-.Transaction NDO
City/Town-.NORTH ANDOVER
rt� Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Storrwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan(110&M Plan")and certifying the following:i.)the 0&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)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
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the 0&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the 0&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.
r) 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 propose 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.
I) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#242-1671
\ WPA Form 5 - Order of Conditions eDEP Transaction#:819966City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?rV Yes f- No
2. The Conservation Commission hereby(check one that applies):
a. I— DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
r APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
WETLANDS 2,Citation CHAPTER 178
1.Municipal Ordinance or Bylaw 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 from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1671
eDEP Transaction#:
\- WPA Form 5 -Order of Conditions City/Town:
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified /
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of O figural 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 2 Number of Signers
a majority of the Conservation Commission.
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:
i
F by hand delivery on by certified mail,return receipt requested,on
� q
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)wither ten business days fi-om 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 infonnation
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 tire 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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
>,`= Bureau of Resource Protection-Wetlands MassDEP File#:242-1671
1 WPA Form 5- Order of Conditions eDEP Transaction#a19966
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
...............................................................................................................................................--.......................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
2302 TURNPIKE STREET 242-1671
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner KEVINMURPHY
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:
Instru rent Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant It-anrzoio
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DEP FILE #242 - 1671
Therefore, the North Andover Conservation Commission (hereafter the "NACU) 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 mmmmmmi
20. The proposed work includes: construction of a storage shed, paved parking lot,
retaining wall, stormwater management system and associated site-work and grading
associated with the construction of a new two story commercial building. Portions of
the work are within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW).
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: Earthworks, Inc.
23 Ash Street
North Andover, MA 01845
Notice of Intent filed by: Williams &Sparages
189 North Main Street,Suite 101
Middleton, MA 01949
Title: #2302 Turnpike Street, North Andover, MA 01845
Dated: November 19, 2015
Received: November 20, 2015
Site Plans prepared by: Williams &Sparages
Title: Earth Works Site Development Plan
#2302 Turnpike Street,North Andover, MA 01845
Sheets (1-13 of 19):
C-1 Location Plan
C-2 Existing Conditions Plan
C-3 Existing Conditions Plan
C-4 Grading& Drainage Plan
C-5 Grading& Drainage Plan
C-6 Utility Plan
C-7 Utility Plan
C-8 Survey &Layout Plan
C-9 Survey &Layout Plan
C-10 Photometric Plan
C-11 Landscape Plan
242-1671,Turnpike Street 2302 OOC Special Conditions I NACC 4/14/2016
DEIP FILE #242 - 1671
C-12 Details,Plan
C-13 Details Plan
C-14 Details Plan
Last Revised: 4/12/2016
Signed and Stamped by: Christ P. Sparages, P.E.
Other Plans: Drawing: PWM-1 Proposed Condition Watershed
Map
Drawing: EWM-1 Existing Conditions Watershed
Map
Last Revised: 2/10/2016
Stormwater Report
prepared by: Williams &Sparages
Title: Stormwater Report & Mitigative Drainage
Analysis for Proposed Commercial Development
Last Revised: March 8, 2016
Stamped by: Matthew E. Moore P.E.
Peer Review Letters: Eggleston Environmental
32 Old Framingham Road, Unit 29
Sudbury, MA 01776
Prepared by Lisa D. Eggleston, P.E.
Date: December 10 & March 2, 2016 &Email: March 18,
2016
Peer Review Response
Letters: Williams &Sparages
Prepared by: Christ P. Sparages
Date: February 10 &March 3, 2016
Other Record Documents: Operation& Maintenance Plan
#2302 Turnpike Street
North Andover, Massachusetts
Revised December 29, 2015
Letters from Division of Fisheries &Wildlife
NHESP Tracking No.: 08-242-49
From Thomas W. French, Ph.D.
Dates: December 18, 2015 &February 02, 2016
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
242-1671,Turnpike Street 2302 OOC Special Conditions 2 NACC 4/14/2016
DEP FILE #242 - 1671
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
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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 area is affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). This resource area is significant to the interests
of the Act and Town ByLaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein(A2-A10).
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 twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area. The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the
local Regulations).
35. 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.
36. 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.
PRIOR TO CONSTRUCTION
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DEP FILE #242 - 1671
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 by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
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 242-1671."
40. 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.
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. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction, including the installation of
erosion controls, stormwater infrastructure,roadways/parking areas, storage building
construction through final stabilization.
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. Except in wetland impact areas, all wetland flagging shall
remain visible and enumerated per the approved plan(s) throughout the life of the
project and until a Certificate of Compliance is issued so that erosion control measures
can be properly placed and wetland impacts can be monitored. The proposed limit of
work shall be shall be clearly marked with erosion controls or temporary fencing and
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DEP FILE #242 - 1671
shall be confirmed by the NACC. Such barriers shall be checked and replaced as
necessary and shall-be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage-of machinery or materials, stockpiling
of soil, or construction activity is to occur beyond this line at any time.
44. Biodegradable silt sock (minimum 12-inch,natural fibers only,no plastic netting)
backed by trenched siltation fence shall be placed between all construction areas and
resource areas as shown on the herein referenced plan. The erosion control barrier
will be survey staked and 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 Commissions request.
45. The applicant shall have on hand at the start of any soil disturbance a minimum of 10
hay bales (or the equivalent amount of silt sock: 1 bale = 3 feet) and an adequate
amount of silt fence to back said bales/sock. Said supplies shall be used only for the
control of emergency erosion problems and shall not be used for the normal control of
erosion.
46. Prior to the commencement of any work, the applicant shall submit to the
Conservation Department confirmation of the "active" EPA NOI status and a copy of
the NPDES Storm Water Pollution Prevention Plan (SWPPP) for review.
47. A check payable to the Town of North Andover shall be provided in the amount of
$10,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
48. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
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any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the;event that this person has to be
contacted, due to an emergency at the site;during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes (or) 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.
49. 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 /2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
50. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" with signs or markers spaced evenly every thirty (30) feet
incorporating the following text: "Protected Wetland Resource Area" and the
associated rules. This will designate their sensitivity and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and
approval by the NACC. The applicant shall instruct all agents to explain these
markers to buyers/lessees/landscapers and all persons taking over the property from
the applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department($2 round/$3
square).
51. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
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DEP FILE #242 - 1671
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
52. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or .
�Tr
construction and shall arrange an on-site conference with the 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).
JISTORMWATER MANAGEMENT CONDITIONS
53. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Policy and as
approved by the NACC in this Order of Conditions.
54. All stormwater best management practices shall be maintained as specified in the
Operation& Maintenance Plan submitted with the Notice of Intent and incorporated
in the Order of Conditions. Evidence of maintenance of the stormwater management
system shall be provided to the NACC on an annual basis by a Registered Professional
Civil Engineer during construction. The first report shall be submitted to the NACC
one year after the first stormwater structure goes on-line and annual reports must
maintained for a prior 5 year period in perpetuity. Maintenance bills submitted by
cleaning contractors (catch basins, stormcepters, etc.) shall be included with annual
engineering reports.
55. 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.
56. 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
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sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
57. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
O&M Report attached herein and the associated stormwater management conditions
mandated herein.
58. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other
elements of the drainage system in order to avoid blockages and siltation which might
cause failure of the system and/or detrimental impacts to on-site or off-site resource
areas, and shall maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
59. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence and should be included with reports issued per Condition#50.
60. All new catch basins shall contain oil/gasoline traps, and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that the
oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of
all accumulated silt and debris before a Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
61. 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.
62. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
63. All plants within the rain garden or the 100-foot buffer zone to BVW shall be native to
Essex County (refer to The Vascular Plants of Massachusetts: A County Checklist). A
final planting list shall be submitted to the NACC prior to landscaping installation.
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DEP FILE 4 242 - 1671
64. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse,rubbish or debris, including but not limited to lumber,bricks, plaster,wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
65. 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
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.
66. 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.
67. All construction access areas shall incorporate crushed rock pads to avoid sediment
tracking onto adjacent paved areas. Paved areas affected by the project shall be swept
daily to remove sediment deposited by construction vehicles accessing the site.
68. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area.
69. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall be protected by silt sacks to prevent sediment from entering the drainage
system(except where proposed to be blocked or removed). Silt sacks shall be
maintained and regularly cleaned of sediments until all areas associated with the work
permitted by this order have been permanently stabilized and the NACC or its agent
has formally approved their removal.
70. Washings from concrete trucks, or surplus concrete, shall not be directed to any
drainage system or wetland resource area. If truck washing is to occur onsite an area
for this activity must be designated and approved by the Conservation Department at
the preconstruction meeting.
71. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
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72. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
73. 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 or
cleaned 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
74. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection ByLaw.
75. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen,
phosphorous free 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 Towns Wetland
Protection ByLaw and shall remain in perpetuity.
76. Only the minimum required amount of road salt, sodium chloride, or other de-icing
chemicals shall be used on paved surfaces within 100' of resource areas, and any
arrangement for snow removal shall so stipulate due to the importance of the site and
wetlands. No-snow Stockpiling signs shall be installed along the edge of pavement
adjacent to the detention basin. Snow shall only be stockpiled in locations designated
on the herein referenced plans.
77. 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.
78, Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved. Stabilized slopes shall be
maintained as designed and constructed whether bioengineered or mechanically
stabilized.
242-1671,Turnpike Street 2302 OOC Special'Conditions 11 NACC 4/14/2016
DEP FILE #242 - 1671
79. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of off-site and all exposed unvegetated areas shall be
seeded.
80. 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.
i. A statement from a Registered Professional Civil Engineer of the Commonwealth
certifying that are no illicit stormwater connections.
j. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes anv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
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81. 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-Build Zone shall be established from
the edge of adjacent wetland resource as approved under DEP #242-1671.
Future work within 100' of existing wetland resource areas will require a
separate filing with the NACC of the Regulations for performance standards
within these zones) The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition#51);
➢ Maintenance of catch basins (Condition#60);
➢ Discharge or spillage of pollutants (Condition#73);
➢ Prohibition of underground fuels (Condition#74);
➢ Limitations on the use of fertilizers, herbicides,pesticides,road salts, de-
icing compounds and snow storage (Conditions #75 & 76);
➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition#77);
➢ The herein referenced "Stormwater Operations and Management Plan",
including Best Management Practices (Condition#54). No additional filings
will be required to conduct maintenance of the above referenced system and
plan.
242-1671,Turnpike Street 2302 OOC Special Conditions 13 NACC 4/14/2016
DEP FILE #242 - 1671
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I 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#)
&
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
242-1671,Turnpike Street 2302 OOC Special Conditions 14 NACC 4/14/2016
Operation & Maintenance Plan
#2302 Turnpike Street
Forth Andover, Massachusetts
November 4,2015
Revised December 29,2015
This Operation&Maintenance Plan has been prepared to comply with the provisions set forth in the
Massachusetts Department of Environmental Protection(DEP)Stormwater Management Standards.
Structural Best Management Practices (BMPs)require periodic maintenance to ensure proper function and
efficiency in pollutant removal from stormwater discharges that would otherwise reach wetland resource
areas untreated. Maintenance schedules found below are as recommended in Department of Environmental
Protections Massachusetts Stormwater Handbook and as recommended in the manufacturer's specifications.
The stormwater management system owner and the party responsible for maintenance of the stormwater
management system shall be Earth Works,Inc. and its designated employees.
The following BMPs shall be utilized for pollutant removal from stormwater discharge as well providing
additional groundwater recharge on site:
® Deep-Sump Catch Basin w/hood
® Sediment Forebay
® Surface Infiltration Pond(1P)
® Subsurface Infiltration Pond(11P)
® Rain Garden
Deep-Sump Catch Basins w/Hood&Outlet Control Structure:
® Inspect or clean at least once per year with special consideration given to the end of foliage and snow
removal seasons.
® Sediments must also be removed once per year or whenever the depth of deposits is greater than or
equal to one half the depth from the bottom of the sump or one half the depth of the invert of the outlet
pipe.
® Clamshell buckets and/or vacuum trucks are typically used to remove sediment in Massachusetts.
® Cleanings may be taken to a landfill or other facility permitted by MassDEP to accept solid waste,
without any prior approval by MassDEP. However,some landfills require catch basin cleanings to be
tested before they are accepted. For information on all of the MassDEP requirements pertaining to the
disposal of catch basin cleanings go to www.Mass.gov/dep/recycle/laws/cafacts.doc
Sediment Forebay:
® Inspect the forebays monthly with special consideration given to the end of foliage and snow removal
seasons and clean them out at least four times per year.
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4, 2015
Rev. December 29, 2015
® Frequently removing accumulated sediments will make resuspension less likely.
® Stabilize the floor and sidewalls before making it operational to avoid excess amounts of suspended
sediments.
® Keep the grass in the sediment forebay no lower than three (3)to four(4)inches but no higher than six
(6)inches.
® Inspect the sediment forebay for signs of rilling and gullying and repair as necessary.
® Replace any vegetation damaged during the clean-out by either reseeding or resodding.
® If reseeding,utilize practices such as hydroseeding with a tackifier,blanket,or similar practice to
ensure that no scour occurs in the forebay and allow the seeds to germinate and develop roots.
Surface Infiltration Pond(1P):
® Infiltration basins are prone to clogging and failure so it is imperative to develop and implement
aggressive maintenance plans and schedules. Installing the required pretreatment BMPs,e.g. deep-
sump catch basins and sediment forebays,will significantly reduce the maintenance requirements for
the basin.
® The infiltration basin should be inspected during and after several storms(e.g. 0.5-inch or greater) and
maintenance performed if necessary during the first year of operation.Thereafter,inspections and
preventative maintenance shall be performed at least twice a year,and after every time drainage
discharges through the high outlet orifice or a major storm event which is defined as a storm that is
equal to or greater than the 2-year,24-hour storm(3.1 inches in a 24 hour storm)
® After the basin is on line,inspect it after every major storm for the first few months to ensure that it is
stabilized and functioning properly. Take corrective action if necessary.
® Note the time that water remains standing in the basin after a storm event. Standing water within the
basin 48 to 72 hours after a storm indicates that the infiltration capacity of the basin may have been
overestimated or the bottom has been clogged.
® If the reason is clogging,determine the cause,e.g.erosion,excessive compaction,or low spots and take
the necessary corrective action. Thereafter,inspect the infiltration basin at least twice per year.
® Important items to check during the inspections include:
Signs of differential settlement,
Cracking,
Erosion,
Leakage in the embankments,
Tree growth on the embankments,
2
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4,2015
Rev. December 29, 2015
Condition of riprap,
Sediment accumulation and,
Health of the turf.
® At least twice a year the buffer area,side slopes,and basin bottom shall be mowed. Remove the grass
clippings and accumulated organic matter to prevent an impervious organic mat from forming.
Remove trash and debris at this time as well as using deep tilling to break up any clogged surfaces,
revegetate immediately.
® Remove sediment from the basin as necessary only when the floor of the basin is completely dry. Use
light equipment to remove the top layer to prevent compacting the underlying soil. Deep till the
remaining soil and revegetate as soon as possible.
Subsurface Infiltration Pond(11P)
® Chamber maintenance is not generally required.However,recharge systems are prone to failure due to
clogging. Regulating the sediment and petroleum product input into the proposed recharge system is
the priority maintenance activity.Sediments and any oil spillage should be trapped and removed
before they reach the chambers. Any upstream devices connected to the infiltration system(catch
basins,deep sump manholes,proprietary devices)shall be inspected and cleaned at least once per year
to prevent sediments and debris from entering and clogging the recharge system.
® Sediments must also be removed whenever the depth of deposits is greater than or equal to one half
the depth from the bottom of the sump or one half the depth of the invert of the outlet pipe.
® The contractor shall verify that the required washed crushed stone and geotechnical fabric materials
are clean and free of sediments and petroleum residue prior to,during and after chamber system
installation.
® Inspections of the chamber system shall be made by after every major storm for the first few months
after construction to verify that proper functioning has been achieved. During the initial inspection the
water level should be measured and recorded in a permanent log over several days to check the
drainage duration and verify that sediments are not accumulating. If ponded water is present after 24
hours or an accumulation of sediment or debris is noted within the chambers the owner or designated
property manager and engineer shall determine the cause for this condition and devise an action plan
to improve system functionality.
® Once the chamber system has been verified to perform as designed,interior chamber conditions shall
be inspected at least annualy.Post construction inspections (to be conducted through inspection ports)
shall consist of documenting interior and stone bed conditions,measured water depth and presense of
sediment.Should inspection indicate that the system is clogged(ponding water present after 24 hours
and/or sediment accumulations)replacement or major repair actions may be required as determined
by a professional engineer.Should the system require replacement or major repair actions the owner or
designated property manager and engineer shall determine the cause for this condition and devise an
action plan.
3
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4,2015
Rev. December 29, 2015
® The inspection and maintenance of the subsurface infiltration system shall belong to the owner or
designated property manager.
Rain Garden(12):
® Inspect and remove trash monthly throughout the year.
® Remove and replace dead vegetation annually in the spring.
® Prune the shrubs annually in the spring.
® Replace mulch annualy in the spring.
® Remove any accumulated sediment from mulch areas and from the pretreatment sideslopes annually
in the spring.
® Mow the pretreatment sideslopes once a month during the growing season.
® When areas of erosion are identified,repair areas of erosion and revegetate as needed as soon as
possible.
® Inspections shall be performed at least twice a year,or after a major storm event which is defined as a
storm that is equal to or greater than the 2-year storm event.
® During these inspections,record and map the following information:
-The presence of accumulated trash and/or debris,
-The presence of dead vegetation and/ or invasive species(invasives must be removed),
-Stability of the sideslopes and berms,
-Accumulation of sediment,
-Survival rate of plantings (dead plantings must be replaced)
The following BMPs shall be utilized to minimize impacts to wetland resource areas:
Grassed Drainage Channel:
® Inspect the grass channel semi-annually the first year and at least once a year thereafter.
® Frequently removing accumulated sediments will make resuspension less likely. Sediment build-up in
the grass channel reduces the capacity to treat and convey the water quality event,2-year and 10-year
24-hour storm.
® Stabilize the floor and sidewalls before making it operational to avoid excess amounts of suspended
sediments. Check on a yearly basis and clean as needed. Use hand methods when cleaning to
minimize disturbance to vegetation and underlying soils.
4
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4,2015
Rev. December 29, 2015
® Keep the grass no lower than three(3) to four(4)inches but no higher than six(6)inches. Remove
accumulated trash and debris prior to mowing.
® Inspect for signs of rilling and gullying and repair as necessary.
® Replace any vegetation damaged during the clean-out by either reseeding or resodding. If grass grown
is impaired by winter road salt or other deicer use,re-establish grass in the spring.
® If reseeding,utilize practices such as hydroseeding with a tackifier,blanket,or similar practice to
ensure that no scour occurs in the forebay and allow the seeds to germinate and develop roots.
Parking Lot Street Sweeping_
® Street sweeping will be conducted four times annually within the parking lot area. Special attention
will be given to the spring(March or April) and late fall (November or December).
Snow Removal:
® Snow will be removed from the parking area and sidewalks during snow events. The snow will be
stockpiled in the designated"Snow Storage Area'locations as shown on the site development plan set.
® Provisions will be made to remove snow from the site when the designated areas have reached their
capacity.
Rain Garden Outlet:
® The rain garden outlet will be inspected during and after several storms (e.g. 0.5-inch or greater) and
maintenance performed if necessary during the first year of operation.Thereafter,inspections and
preventative maintenance shall be performed at least twice a year or after a major storm event which is
defined as a storm that is equal to or greater than the 2-year,24-hour storm(3.1 inches in a 24 hour
storm).
Rip Rap Emergency Spillway&Level Spreader:
® The emergency spillway and level spreader will be inspected during and after several storms (e.g. 0.5-
inch or greater) and maintenance performed if necessary during the first year of operation.Thereafter,
inspections and preventative maintenance shall be performed at least twice a year,and after every time
drainage discharges through the high outlet orifice or a major storm event which is defined as a storm
that is equal to or greater than the 2-year,24-hour storm(3.1 inches in a 24 hour storm).
® Any detrimental sediment accumulation shall be removed.
® If rilling is present downgradient or adjacent to the emergency spillway or level spreader the damage
shall be repaired.
® Leaf litter shall be removed from the emergency spillway or level spreader area.
5
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4, 2015
Rev. December 29, 2015
® Vegetation in the vicinity of the emergency spillway and level spreader shall be inspected periodically
and if needed,fertilized to maintain healthy,dense growth.
The estimated annual budget for maintenance of the BMP's is approximately$2000.
6
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4, 2015
Rev. December 29, 2015
INSPECTION AND MAINTENANCE REPORT FORM
#2302 TURNPIKE STREET
NORTH ANDOVER, MA 01845
TO BE COMPLETED FOR REQUIRED INSPECTIONS AND MAINTENANCE
SEE ABOVE FOR FREQUENCY OF INSPECTIONS AND MAINTENANCE
Name of Inspector: Date:
Inspector's Company/Affiliation:
Days Since Last Rainfall: Amount of Last Rainfall:
Stucture '' Installed at Sediment Overall
Identification Location grade Hood Installed Buildup
9 Condition
(inches)
poor
DGCB1 Front Parking yes - no yes - no fair
good
poor
CB2 "Northerly Drive yes - no yes - no fair
ood
poor
DGCB3 Rear Parking yes - no yes - no fair
good
poor
D11 Rain Garden yes - no yes - no fair
good
poor
yes - no yes - no fair
ood
poor
yes - no yes - no fair
ood
Maintenance Required:
To Be Performed By: On or Before:
7
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4, 2015
Rev. December 29, 2015
INSPECTION AND MAINTENANCE REPORT FORM
#2302 TURNPIKE STREET
NORTH ANDOVER, MA 01845
TO BE COMPLETED FOR REQUIRED INSPECTIONS AND MAINTENANCE
SEE ABOVE FOR FREQUENCY OF INSPECTIONS AND MAINTENANCE
Name of Inspector: Date:
Inspector's Company/Affiliation:
Days Since Last Rainfall: Amount of Last Rainfall:
Structural Controls: Surface Infiltration Basin
Structure Condition of How Much Sediment How Much Sediment Build-up
Identification Side Slopes Build-up in Basin at the Outlet
(% Vegetated) (% Accumulation) (Circle one)
1 P minor/moderate/major
minor/moderate/major
minor/moderate/major
minor/moderate/major
Maintenance Required:
To Be Performed By: On or Before:
8
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4, 2015
Rev. December 29, 2015
INSPECTION AND MAINTENANCE REPORT FORM
2302 TURNPIKE STREET
NORTH ANDOVER, MA 01845
TO BE COMPLETED FOR REQUIRED INSPECTIONS AND MAINTENANCE
SEE ABOVE FOR FREQUENCY OF INSPECTIONS AND MAINTENANCE
Name of Inspector: Date:
Inspector's Company/Affiliation:
Days Since Last Rainfall: Amount of Last Rainfall:
Structural Controls: Subsurface infiltration Basin
Structure Condition of How Much Sediment- How Much Sediment
Identification Stone Bed Build-up in Basin Build-up at Inlet
(% Accumulation) (Circle one)
lip poor/fair/good minor/moderate/major
poor/fair/good minor/moderate/major
poor/fair/good minor/moderate/major
poor/fair/good minor/moderate/major
Maintenance Required:
To Be Performed By: On or Before:
9
Operation & Maintenance Plan
#2302 Turnpike Street, North Andover, MA
November 4, 2015
Rev. December 29, 2015
INSPECTION AND MAINTENANCE REPORT FORM
#2302 TURNPIKE STREET
NORTH ANDOVER, MA 01845
TO BE COMPLETED FOR REQUIRED INSPECTIONS AND MAINTENANCE
SEE ABOVE FOR FREQUENCY OF INSPECTIONS AND MAINTENANCE
Name of Inspector: Date:
Inspector's Company/Affiliation:
Days Since Last Rainfall: Amount of Last Rainfall:
Structural Controls: Forebay
Structure Condition of How Much Sediment How Much Sediment Build-up
Identification Side Slopes Build-up in Basin at the Outlet
(% Vegetated) (%Accumulation) (Circle one)
2P minor/moderate/major
minor/moderate/major
minor/moderate/major
minor/moderate/major
Maintenance Required:
To Be Performed By: On or Before:
10
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