HomeMy WebLinkAbout- Permits #242-1790 - 1 HIGH STREET 9/1/2020 4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
LIJ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
City/Town
A. General Information
Please note: North Andove�r
this form has 1. From:
been modified Conservation Commission
with added 2�This issuance is for
space to a. Order of Conditions b.E] Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
David Steinbergh
a.First Name b.Last Name
Important:
When filling RCG North Andover Mills
out forms on c.Organization
the 17 Ivaloo Street, Suite 100
computer,
use only the d.Mailing Address
tab key to Somerville MA 02�143
move your e.City/Town f.state g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
VQ a.First Name b.Last Name
c.Organization
d. Mailing Address
e.City[rown t State g,.Zip Code
5. Project Location:
I High Street(East MIII Pond) North Andover
a.Street Address b.City/Town
Map 69 Lot 1
c.Assessors Map/Plat Number d,Parcel/Lot Number
Latitude and Longitude, if known: 42d42mO3276s 71 d07mO3936s
d.Latitude e.Longitude
%vpaform5,doc rev 6118/2020 Page 1 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
North Andover
City/Town
A. General Information (cont.)
6, Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Northern Essex(NERD).__.
a.County b.Certificate Number(if registered land)
15769 217
c.Book d,Page
7. Dates: July 9, 2020 August 26, 2020 Sep temper 1, 2020
a. Date Notice of Intent Filed b. Date Public Hearing Closed c,Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
See Attached List of Approved Plans & Documents
a. Plan Title
DeRosa Environmental
b. Prepared By c.Signed and stamped by
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
B. Findings
i. Findings pursuant to the Massachusetts Wetlands Protection Act,
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. M Public Water Supply b. M Land Containing Shellfish Prevention of
Pollution
d. M Private Water Supply e. M Fisheries M Protection of
Wildlife Habitat
Groundwater Supply h. M Storm Damage Prevention I. M Flood Control
Z This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. M the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
&—yfrwn. . .........................
B. Findings (cont.)
Denied because:
b. [:] the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. El the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. [:1 Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10,02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. 0 Bank
a.linear feet b,linear feet c.linear feet d. linear feet
5. El Bordering
Vegetated Wetland a.square feet b.square feet G.square feet d.square feet
6. 0 Land Under -2.53 acres -2.53 acres -2.53 acres -2.53 acres
— -- ------------
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.cly dredged
7. El 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. El 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. El Riverfront Area Infal en foaf b,total sq.feet
Sq ft within 100 ft d,square feet foat f.square feet
Sq ft between 100-
200 ft
foAf h.square feet f�pf I.square feet
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Massachusetts Department of Environmental Protection Provided by Mass[DEP:
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
North Andover
Cityrrown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Onlly)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
lo. El Designated Port Indicate size under Land Under the Ocean, below
Areas
11. F1 Land Under the
Ocean a.square feet is square feet
c.cly dredged d.cly dredged
12. F-1 Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu Yd ---C.u.Y�L
13, n Coastal Beaches
a.square feet b.square feet c.nourishment d.nourishment
14, [j Coastal Dunes cu Lyq... cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. [j Coastal Banks
a.linear feet b. linear feet
16. n Rocky Intertidal
Shores a,square feet b.square feet
17. El Salt Marshes .........
a.square feet b.square feet c.square feet d.square feet
118, 1771 Land Under Salt
Ponds a.square feet b.square feet
c.cly dredged d.cly dredged
19. El Land Containing --........... ............
Shellfish a.square feet b.square feet c.square feet d.square feet
20. [:] Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.cly dredged b.c/y dredged
21, 171 Land' Subject to
Coastal Storm a.square feet b.square feet
Flowage
22. F71 Riverfront Area
fnfnl en foof b.total sq.feet
Sq ft within 100 ft
P eminrn foot d.square feet a cnira.ea fi-at f.square feet
Sq ft between 100-
200 ft fppf h.square feet j.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -e-D-EP-Transaction#
L North Andover
City/Town
B. Findings (cont.)
#23. If the 23. F] Restoration/Enhancement
project is for
the purpose of
restoring or
enhancing a a.square feet of BVW b.square feet of salt marsh
wetland'
resource area 24. El Stream Crossing(s):
in addition to
the square
footage that a.number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5,c
(13VVY)or The following conditions are only applicable to Approved projects.
B.1 7.c(Salt
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter
gulatory
the additional re measures, shall be deemed cause to revoke or modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall: be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written:application by the applicant, subject to the provisions of 310
CIVIR 10.05(1 1)(f).
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
wpaform5.doc•rev 511 812 02 0 Page 5 of 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-179,0
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ------
Ll eDEP Transaction#
North Andover
CityfTown:
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain, of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on, the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"[or, "MassDEP"]I
"File Number 242-1790 _"
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall) submit a Request for
Certificate of Compliance (WPA Form 8A)to the Conservation Commission.
13, The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16, This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
wpaform5 doc•rev 5/18/2020 Page 6 of 93
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
Ll Massachusetts' etlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
J North Andover
&yl'roWn
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
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 hisiher designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed'. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19, The work associated with this Order(the"Project")
(1) F1 is subject to the Massachusetts Stormwater Standards
(2) 0 is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards,then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
fi. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
ffi. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
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Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 - Order of Conditions _MassbEP Fil'e#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 — -— ----------
Ll eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands, Protection Act (cont.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined iin General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement ("O&M Statement)for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following:
Q the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
it.) the future responsible parties shalt be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution, Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f)through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
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Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection - Wetlands 242-1790
WP,A Form 5 - Order of Conditions -M,a-ssDE-"P File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Ll eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and',disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance Ilog 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 complliance
with the requirements,for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 3110 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
20. For Test Projects subject to 310 CMR 10.05(1.1), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1790
L l —WPA Form 5 Carder of Conditions MassDEP File#Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 ea-E--P-Transaction#
North Andover
Cityrrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? M Yes E] No
2. The North Andover hereby finds (check one that applies):
Conservation Commission,
a. F1 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. Z that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw& s Regulation Ch. 190 et.
y W-- ............--
1. Municipal Ordinance or Bylaw seg.
3. The Commission orders that all work shall be performed in accordance with,the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
NACC Findings&Special Conditions (see attaLghed)—
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1790
WPA Form 5 - Order of Conditions "MassDEP He#
L Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -e—Dcp Tra-nsaction#
North Andover
CityfFown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special 09-01-20
condition pursuant to General Conditions#4,from the date of issuance. 1. Date of issuance
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
"Signed by Amy R. Maxner, Conservation Administrator, as authorized! by the North
Andover ConserAlation Commissi(An-see N.E.R.D. Book: 16327 Page: 22
Amy R. Maxner, Conservation
Signature Administrator
Louis Napoli
Signature Printed Name
Albert Manzi, Jr.
Printed Namei ---------------Signature
Sean McDonough
Signature Printed!Name
John Mabon
Signature Printed Name
Joseph Lynch
Signature Printed Name
Signature Printed Name
Signature Printed Name
F-I by hand delivery on by certified mail, return receipt
requested, on
09-01-20
Date Date
wpaform5.doc-rev 511812020 page 11 or 13
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Massachusetts Department of Environmental Protection Provided by MassDEP:
�Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
J North Andover
cityrrown
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 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 CIVIR 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.
wpaform5,doc«rev 511812020 Page l2of13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1790
WPA Form 5 — Order of Conditions MassDEP File#
L( I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP—Transaction#
North Andover
Cityrrown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the,Order. In the
case of registered' land, this Order shall also be noted on the Land Court Certificate of Title of
the,owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
--------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission ..................
Please be advised that the Order of Conditions for the Project at:
1 High Street(East Mill Pond) .242-1790
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Northern, Essex
County Book Page
for: RCG North Andover Mills c/o David Steinbergh
Property Owner
and has been noted in the chain of title of the affected property in:
15769 217
Book Page
In accordance with the Order of Conditions issued on:
09-01-20
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaforrn5.doc•rev 5/1 812 02 0 Page 13 of 13
DEP FILE 9 242— 1790
i
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans,specifications or other
proposals submitted with the Notice of Intent the conditions shall control.
Previous Permit History:
• MassDEP File ##242-1646 -5-year OOC, which expired spring of 2020, governed
aquatic invasive plant treatment program for East Mill Pond. A Certificate of
Compliance has not been issued as of this new 5-Year OOC.
• The Commission issued an EO allowing for first 2020 early surnmer treatment to occur
while a new NOI was prepared.
GENERAL CONDITIONS �
i
The proposed work includes: continued invasive Aquatic Plant Management Program for 2.6
acre East Mill Pond. The NOI was filed as a Limited Project for controlling non-native
nuisance species to slow pond eutrophication per 310 CMR 10.53(4). The applicant requested, f
and granted a second 5-year approval. This OOC allows use of the following chemicals:
Imazamox (Clearcast) herbicide, Flumioxazin (Clipper or equivalent) herbicide, Diquat
(Reward or equivalent) herbicide, Captain(SeClear, GreenC'lean Pro or equivalent) algaecide.
The program is aimed to provide selective control of non-native submersed and emergent
aquatic plant species including water chestnut, common reed, and purple loosestrife using
these USEPA/MA DAR registered aquatic herbicides and algaecides to slow pond i
eutrophication. A monitoring program, including early and late season monitoring and
annual reporting, is included. Work to take place within Land Under Water Bodies and
Waterways.
1
20. The work shall conform to the following:
1
Applicant/ RCG North Andover Mills LLC
Property Owner: 17 Ivaloo Street j
Somerville, MA 02143
c/o David Steinbergh
Representative/NOI j
Prepared by: DeRosa.Environmental 1
NOI Received: January 29, 2015
242-1790 East Mill Pond—Invasive Aquatic Plant Treatment Progrann
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DEP TILE H 242— 1790
Solitude Lake Management
c/o Kara Sliwoski
Site Plans prepared by: DeRosa Environmental
Title: Figure 1: Topographic Map
Figure 2: Project Elements Plan
Figure 3: Aerial Photograph
Figure 4: Wetlands Map
Figure 5: NHESP MAP
Figure 6: FEMA Flood Zone Map
Date: July 7, 2020
NOI, with supporting documentation, signed by David
Steinbergh, and Kara Sliwoski
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
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DEP FILE 9 242— 1790
26. The work authorized hereunder shall be completed within five (5) years from the date of
this order as allowed under 310 CMR: 10.05(6) (d). The NACC recognizes that the need to
issue a multi-year permit to provide long-term management of the area is a special
circumstance warranting a five year order. This order is extended for two,additional
periods of one year each as outlined in Section 8.3 of the North Andover Wetland
Regulations, No additional fee or notification is required.
27. 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.
28. 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.
29. 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).
X The following wetland resource areas are affected by the proposed work: Land Under
Waterbodies and Waterways. 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 this resource area to the identified interests.
31. 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 except as shown on the herein referenced site plans. 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.
32. 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.
33. 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 pond or outlet structures
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
242-1790 East Mill Pond—Invasive Aquatic Plant Treatment Prograrn
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DEP PILE ##242— 1790
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
MJ
34. 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.
35. This Order shall be recorded, in its entirety*,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.
X 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 plumber 242--1790." Prior
to application of herbicide, signs shall be posted around the Brooks School Pond at
regular intervals notifying the public of the application and any associated restrictions.
37. 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.
38. 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.
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DEP FILE 4 242— 1790
39. Prior to the initial application, the applicant will provide the NACC with a copy of the
baseline water quality monitoring report for the East Mill Pond, This baseline report shall
include E. Coli levels.
40. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence including dates of the herbicide application, follow-up
monitoring and sampling dates. Approval of the sequence is required prior to application.
41. Equipment access and staging areas if needed) shall be clearly identified prior to the start
of work. Workers should be informed that no use of machinery, storage of machinery or
materials, or construction activity is to occur beyond the staging area without prior
approval from the Conservation Department.
42. The use of erosion controls is not required by this Order. However, all erosion prevention
and sedimentation protection measures found necessary during the Aquatic Management
Program shall be implemented at the direction of the NACC or its agent, The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request,
43. A check payable to the Town of North Andover shall be provided in the amount of two
thousand dollars ($2,000(,which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC, and shall be posted with the North Andover Town
Treasurer through the NACC before commencement of work. Said deposit of money
shall be conditioned on the completion of all conditions hereof, shall be signed by a party
or parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have been
made for performance of any conditions which are of continuing nature. The applicant
may propose a monetary release schedule keyed to completion of specific portions of the
project for the NACCs review and approval. This condition is issued under the authority
of the local B,yLaw.
44. At least once during each week in which herbicide/algaecide application occurs the
applicant/contractor must visually inspect the work/application area for siltation,
turbidity, wildlife/fish kills and/or other water quality impacts. The applicant/contractor
shall notify the Conservation Department of any matter that requires attention by the
Commission or the agent. The NACC will receive a copy of all monitoring reports or
assessments produced as part of the project.
45. 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
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DEP FILE 4 242- 1790
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under
the pains and penalties of'perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
46. Prior to commencement of any activities on site, the applicant will notify the
Conservation Department of the start of work to confirm that appropriate signage has
been installed around the pond. This Order shall be included in all 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
supervisor responsible for the coordination of the proposed work and to ensure
compliance with this Order.
USTORM;;W;A ATER MANAGEMENT CONDITIONS
47. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site,.
DURING CONSTRUCTION
[Db� J
48. All work herbicide/algaecide application shall be performed by properly licensed
applicators.
49. Work activities shall follow the application techniques, procedures, monitoring and
product specifications as submitted in the Notice of Intent referenced herein. The NACC
will receive copies of reports and pictures detailing the results of the pre and post-
treatment surveys and water quality monitoring.
50. No change in grade/deepening or alteration of the pond bottom or along the
shores/banks of the pond shall be allowed during or as a result of the approved activities.
51. Herbicide/algaecide activities shall be limited to those areas detailed in the proposed
management area shown on the plans referenced herein, unless otherwise approved by
this department.
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DEP FILE #242— 1790
52. Any collected nuisance vegetation, if any, shall be taken off site and transported to an
approved compost facility.
53. If unforeseen problems occur during the project which may adversely affect the statutory
interests of the Wetlands Protection Act or the By-law, upon discovery by either the
NACC, its agent, or the applicant, the NACC shall irmnediately be notified, and an
immediate meeting shall be held between the NACC (or its agent) with the applicant and
other concerned parties, to determine the best corrective measures to be employed. The
applicant shall then act to cure the problems using the corrective measures agreed upon.
Subsequent to resolution, the activity and resulting corrective actions shall be
documented in writing.
54. The work areas shall remain in stable condition at the close of each construction day.
55. No dewatering activities are proposed. 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. A ring of hay bales shall surround the discharge
area and a silt sock shall be used. De-watering activities anticipated shall be supervised
and witnessed by the designated Environmental Monitor. This designee must be on-site
while work specific to de-watering activities are occurring and until complete. Activities
shall be monitored daily by the Environmental Monitor to ensure that sediment laden
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject
Ject to jurisdiction under the MA
Wetlands Protection Act and / or the North Andover Wetlands Bylaw.
56. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource
area.
57. Washings from trucks, or other debris, sand, vegetation, shall not be directed to any
drainage system or wetland resource area.
58. All waste generated by, or associated with, the approved 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
clumpsters will be allowed within 50' of areas subject to protection under the Act or local
ByLaw.
59. 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
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DEP FILE ff 242- 1790
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
is to be done within 100 feet of a resource area,
AFTER CONSTRUCTION
60. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions
and shall run with the title of the property. This condition is issued under the authority
of the Town's Wetland protection ByLaw.
61. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), phosphorous free and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This
condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town"s Wetland Protection
ByLaw and shall remain in perpetuity.
62. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
63. Immediately upon completion of Aquatic Management activities, the Conservation
Department shall be notified for a post application inspection. The applicant will gather
data on the effects of management and environmental changes. A report will be
submitted to the NACC with recommendations for the following year until the Aquatic
Management Program is complete. All data collected and analyzed will be shared with
the NACC.
64. This final report shall identify spikes or any measurable continued raise in E.Coli levels.
Should this data warrant it, a further discussion regarding E.Coli input sources eminating
from the project campus shall be initiated with the Commission.
65. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
66. 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. VVPA 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.
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DEP FILE 4 242— 1790
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 neap/parcel number for the project.
g. The DEP file number.
h. A written statement from the applicant's representative stating that work was done
as approved including the post-management testing and reporting.
67. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas. Future work
within 100' of existing wetland resource areas will require a separate filing
with the NACC (refer to Section 3.4 of the Regulations for performance
standards within these zones) The Conservation Administrator and/or
other agents of the NACC do not have the authority to waive these setbacks
as established under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition #59);
Prohibition of underground fuels (Condition#60);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#61);
Manual hand-pulling of non-native, invasive vegetation for maintenance
purposes shall not require an additional filing.
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DEP FILE 9 242— 1790
APPENDIX A- AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCK)
1. 1 am the ............. of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner)y (owner name)
the owner upon whose land Order of Conditions ....................
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this.... day of 20
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in 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 --20
.................
(Signature-authorized agent of applicant or owner)
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