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HomeMy WebLinkAbout- Permits #242-1817 - 1600 OSGOOD STREET 8/13/2021 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 # WPA Form 5 -- Order of Conditions MassDEP File Massachusetts Wetlands Protection Act M.G.I.. c. 131, §40 eDEP Transaction# ILI North Andover City/Town A. General Information Please note: North Andover this form has 1. From: Conservation Commission been modified with added 2. This issuance is for space to a.® Order of Conditions b.❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Mac Utsey Important: a.First!Name b.Last Name When tilling HIP Transaction Services, LLC out forms on c.Organization the 5050 West Tighman Street, Suite 435 computer, use only the d.Mailing Address tab key to Allentown PA 18104 move your e.Cityfrown f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. c/o Paul Stedman rah a. First Name b. Last Name Mass DOT- Highway Division,District 4 c.Organization � 519 Appleton Street d.Mailing Address Arlington MA 02476 e.City/Town f.State g.Zip Code 5. Project Location: Osgood Street at Osgood Landing North Andover a.Street Address _ b.City/Town within ROW_ _ c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d43m52.97s 71d06m47.16s d. Latitude e. Longitude wpaform5.doc•rev 511 812 02 0 Page 1 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 MassDEP File# LLIIJ WPA Form 5 -- Order of Conditions 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): N.E.R.D. a.County b.Certificate Number(if registered land) n/a _ c.Book d. Page May 26, 2021 _ July 14, 2021 _ August 13, 2021 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closer] c.Date of Issuance 8, Final Approved Plans and Other Documents (attach additional plan or document references as needed): Roadway Improvements Route 125 (Osgood Street) at Osgood Landing a. Plan Title Langan Engineeering & Env. Services John D. Plante b.Prepared By c.Signed and Stamped by April 21, 2021 &July 1, 2021 as shown d. Final Revision Date e.Scale *See Attached for Additional Approved Documents f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a.. ® 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. wpafbrm5,doc•rev 511812020 Page 2 of 43 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -- Wetlands 242-1817 WPA Form 5 -- Order of Conditions MassDEP File# ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 65CP'rransaction# North Andover Cityfrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Acts interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ® Buffer Zone Impacts: Shortest distance between limit of project 24 disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet a.linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 8. ❑ Land Under _ Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.cly dredged f cly dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet - d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ 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. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- _ 200 ft g.square feet h.square feet i.square feet i.square feet wpafcrm5.doc-rev 5/1812020 Page 3 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover City/Town B. Findings (cons.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.cly dredged d.c!y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below _ cu yd cu yd 13. El Coastal Beaches a.square feet b.square feet c.nourishment d, nourishment cu yd cu yd 14. ❑ Coastal Dunes a.square feet b.square feet c,nourishment d. nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal _ Shores a.square#eet b.square feet 17. ❑ Salt Marshes a.square feet b.square feel c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cly dredged d.c!y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c!y dredged b.cly dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ RlVerfront Area a,total sq.feetu b,total sq.feet Sq tt within 100 ft c.square feet d.square feet e.square feet If.square feel Sq ft between 100- h._ _ 200 ft g.square feet square feet i.square feet j.square feel vrpaform5.doc•rev 511812R20 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 1NPA Form 5 — Order of Conditions MasSDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover _ CitylTown B. Findings (cont.) "#23. Ifthe 23. ❑ Restoration/Enhancement ': project is for the purpose of restoring or a.square feet of BVW b.square feet of salt marsh enhancing a wetland resource area 24. ❑ 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 (BVW)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify the additional g y y 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 CMR 1&05(11)(0. 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 511W020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 WPA Form 5 -- Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransac#ion# ILI North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. S. 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 242-1817 " 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#f13 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. wparorm5,doc•rev 511812020 Page 6 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover Citylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) 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. 19. The work associated with this Order(the "Project") (1) ® is subject to the Massachusetts Stormwater Standards (2) ❑ is NOT subject to the Massachusetts Stormwater Standards If the worts 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; iL 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; wpaform5.doc•rev 611 812 02 0 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 MassDEP File# Ll WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cant.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wgaform5,doc•rev 5/1812020 Page 8 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 WPA Form 5 - Order of Conditions Mass P F i[e# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (coat) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaformS.doc•rev 511812020 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 WPA Form 5 -- Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 eDEP Transaction# ILI North Andover Cit_yifown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission a. ❑ 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw& Regulations Chapt. 190 1.Municipal Ordinance or Bylaw et. Seq. 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): North Andover Conservation Commission Findings & Special Conditions (see attached) wpaform5.doc•rev&1812020 Page 10 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# ILI North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 7 I 1 -8f condition pursuant to General Conditions#4,from the date of issuance, 1 1, ate 2 of ssuance Please indicate the number of members who will sign this form, (0 This Order must be signed by a majority of the Conservation Commission, 2. NumbeIr of§igners-- 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. I na Prinf6d Name" V z< signature Printed Name Z" Lpi;�� vJ &gnarur6 Printed Name Signatur"--. Printed Name nX� -------..... ignature -Print_. (� _ - 'e-cl Name 414 LL Signatu F, - Printed Name Signaiure Printed Name Signature Printed Name El by hand delivery on by certified mai'l, return receipt requested, on Date wpaform5.doc-rev 511812020 Pagel 1 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 WPA Form 5 -- Order of Conditions MassDEP File# LI, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover Citylfown F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L, c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. %Vaform5.doc•rev 5/18/2020 Page 12 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1817 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactionILI # North Andover City/Town G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wu 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: Route 126 (Osgood Street) at Osgood 242-1817 Landing MassDEP File Number _. Has been recorded at the Registry of Deeds of: N.E.R.D. County Book Page for: Mass. DOT _ Property Owner and has been noted in the chain of title of the affected property in: Book W Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wparorm5.dx•rev 5/1812020 Page 13 of 13 DEP FILE #242 - 1817 Osgood Street (Route 125) at Osgood Landing Current Project Site Conditions: The project corridor consists of an approximately 0.526-mile stretch of roadway on Route 125 (Osgood Street) a majority of which fronts 1600 Osgood Street (aka Osgood Landing). The NACC agrees with the delineation of the following wetland resource areas as reflected on the approved plan. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. a. Bordering Vegetated Wetland (BVW) - Wetland Series 2, 7, & 13 (Series 13 confirmed by an ORAD issued by the NACC in January 2019) b. Isolated Vegetated Wetland (IVW) - Wetland Series 2 &14 c. 100-Foot Buffer Zone to BVW d. The project does not lie within NHESP Priority Habitat or within 100 feet of vernal pools e. The project does not occur within the 100-year floodplain f. The project does not occur within 200-Foot Riverfront Area 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 s ecifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 21. The proposed work includes: Widening the roadway to convert two existing un- signalized driveway entrances into 1600 Osgood to "right-in/right-out" only traffic pattern. Provisions include two left-turn lanes at the driveway entrances, an MBTA bus bay, and a pervious pavement shared-use-path. Mill and overlay existing roadway and widening roadway in areas. The project results overall in less impervious surface within the project limits by 5% (9,900 s.f. reduction). Stormwater management, under redevelopment, consists of deep sump catch basins and street sweeping. Work is within 100' BZ to BVW, the 50 NBZ and 25' NDZ. A majority of the work is within existing paved roadway,2-3' at its closest point which involves retaining wall construction at the most northerly driveway entrance to the 1600 Osgood site. There is a -10' stretch of asphalt lined ditch next to this wall. A waiver request was been submitted- a roundabout was considered but that would involve more impacts, and simple signalization and or stop signs would reduce safety. After due consideration the NACC voted to grant the waiver as the applicant's alternatives Page 1 of 13 DEP FILE # 242 -1817 Osgood Street (Route 125) at Osgood Landing analysis demonstrated no other alternatives that resulted in less impact to the buffer zone. 22. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicants: Mac Utsey HIP Transaction Services, Inc. 5050 West Tighman Street,Suite 435 Allentown, PA 18104 Property Owner: c/o Paul Stedman Massachusetts Department of Transportation Highway Division, District 4 519 Appleton Street Arlington, MA 02476 Project Representative: John Perry Langan Engineering &Environmental Services, Inc. 888 Boyleston Street,Suite 510 Boston, MA 02115 Notice of Intent: WPA Form 3 and associated documents including Attachments A - I, including Stormwater Technical Memorandum Dated: May 2021 Prepared by: Langan Engineering & Env. Services Site Plans prepared by: Langan Engineering &Environmental Services "Roadway Improvements Route 125 (Osgood Street) at Osgood Landing 61 Sheets dated April 21, 2021 "Sheets 44-48 revised dated July 1, 2021 Signed &Stamped by John D. Plante Scales as Shown Memorandum prepared by Langan Engineering & Environmental Services, revised Stormwater O&M Plan, dated July 7, 2021 23. 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. Page 2 of 13 DEP FILL #242 -- 1817 Osgood Street(Route 125) at Osgood Landiiig 24. 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. 25. 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. 26. 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. 27. 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. The Conservation Department will be copied on any permits or approvals from the Army Corp of Engineers as part of the General Permit process. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. 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 Sectim 8.3 of the North Aiidover TWetIaiid Regulations). 30. 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. 31. 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. 32. 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 is established from the edge of the adjacent wetland resource area as shown on the herein referenced plan. Page 3 of 13 DEP FILE # 242— 1817 Osgood Street (Route 125) at Osgood Landing 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. 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. ZPRIO:RZTO CONSTRUCTION 34. Prior to any activity within the project limits, the applicants for this Route 125 (Osgood Street/Osgood Landing) Roadway hnprovement Project (DEP# 242-1817) and the Rt. 125 Sewer Pump Station/Sewer Line Extension Project (DEP #242-1811) shall meet collectively with the separate/respective site contractors, project engineer(s), erosion control monitor(s)/wetland scientist to develop a coordinated construction/project phasing sequencing plan. The North Andover Conservation Commission (NACC) wishes to ensure activities carried out under each project, elements of which are within the same stretch of roadway, are carefully planned and coordinated to avoid gaps/breaches in responsibility or accountability for the proper protection of the wetland resources within the project limits. Subsequently, the applicants shall submit to the NACC or its Administrator for review and comment, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, dewatering BMP's, construction of temporary sedimentation basins and swales (if required), retaining wall construction, drainage installation, stabilization of disturbed areas, and all other work planned through final stabilization, listing associated responsible parties for each element. The resulting sequencing plan shall be signed by applicant principles and general contractors'/project managers. Any changes to the approved sequencing plan shall be approved by the NACC or its designated agent. 35. 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. 36. This Order shall be recorded by the applicant at the Registry of Deeds, in its entirety, 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 Page 4 of 13 DEP FILE #242 - 1817 Osgood Street (Route 125) at Osgood Landing 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 conunencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 37. Two signs shall be displayed, one at each end of the project limits, not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1817." 38. 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. 39. 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 conunencement of construction. 40. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this Iine at any time. 41. At a minimum, erosion control shall consist of 12" mulch sock staked and backed by entrenched siltation fence shall be installed as shown on the herein referenced plans and as determined necessary by the NACC or its agent. The erosion controls will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from Page 5 of 13 DEP FILE #242— 1817 Osgood Street (Route 125) at Osgood Landing 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. 42. All existing catch basins within 200' of the work shall be protected by Silt Sacks to prevent sediment from entering the drainage system. Silt Sacks or other catch basin protection 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 and/or Conservation Department has formally approved their removal. 43. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, 100 feet of additional mulch sock with sufficient staking, and not less than three (3) 100% biodegradable erosion control blankets, protected from the elements. Said erosion control shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 44. A check payable to the Town of North Andover shall be provided in the amount of fifty thousand dollars ($50,000), which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 45. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall have the authority to stop construction for erosion control purposes and direct actions for remedies. 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. CIeaning shall include removal of any entrapped silt. Page 6 of 13 DEP FILE # 242— 1817 Osgood Street (Route 125) at Osgood Landing 46. 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 photos 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 events of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 47. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 48. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer,wetland scientist/monitor 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). "STORMW"ATER MANAGEMENT CONDITIONS 49. 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 Page 7 of 13 DEP FILE #242— 181"7 Osgood Street (Route 125) at Osgood Landing approved by this Order of Conditions, unless specifically approved in writing by the Commission. 50. All new catch basins shall contain oil/grease traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/grease traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 51. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. 52. All stormwater best management practices shall be maintained as specified in the attached Stormwater Operation and Maintenance Plan (O&M) (attached hereto) 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 or other qualified professional post construction. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line. The approved Operation & Maintenance Plans are fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 53. 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 54. Upon beginning work, the applicant shall submit written weekly progress reports 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. Reports shall be submitted in as part of the weekly environmental monitoring report. 55. If required, dewatering shall be conducted outside of the 25' No-Disturbance Zone. Dewatering locations shall be designated at the pre-construction meeting. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. If emergency de-watering requirements arise, the applicant Page 8 of 13 DEP FILE #242- 1817 Osgood Street (Route 125) at Osgood Landing 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. 56. Associated pavement and roadways shall be swept at daily 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. 57. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff. 58. 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 15t 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. 59. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical) unless otherwise shown on the approved plan set. Slopes of steeper grade shaII be rip-rapped to provide permanent stabilization. 60. There shall be no stockpiling of soil or other materials within one hundred 25 feet of any resource area. Stockpile locations for all erodible materials (stone/soil) shall be confirmed at the pre--construction meeting. All stockpiled material shall be contained within erosion controls, and at the Conservation Administrator's direction surrounded by separate erosion controls if deemed necessary. Excavated material not suitable for re-use shall be trucked off-site. 61. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. if truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 62. 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 Page 9 of 13 DEP FILE #242— 1817 Osgood Street (Route 125) at Osgood Landing trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 63. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 64. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 65. 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. 66. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 67. 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. 68. 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. 69. 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. 70. 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. Page 10 of 13 DEP FILE #242 — 1817 Osgood Street (Route 125) at Osgood Laudiug 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 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. An"As-Built" plan of the new portions of the sewer pipes and pump station shall be prepared and signed and stamped by a Registered Professional Civil Engineer (P,E.) (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. Specifically, "As-Built" plans should include inverts of all drainage structures above and below grade (also to be provided in table format), and an engineer's certification that the drainage system has been constructed and is functioning in accordance with the approved design. NOTE: if portions of the stormwater systems exist partially within the Buffer Zone then 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 any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property, 71. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC Page I I of 13 DLP FILL #242— 1817 Osgood Street (Route 125) at Osgood Landing do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); ➢ Adherence to the attached "Stormwater Operation & Maintenance Plan." No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report (Conditions #52); ➢ Discharge or spillage of pollutants (Condition #64); ➢ Prohibition of underground fuels (Condition#65) ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #66); ➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #67). Page 12 of 13 DEP FILE #242— 1817 Osgood Street (Route 125) at Osgood Landing APPENDIX A- AFFIDAVIT I, ott oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1._ 1 ant 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 rrumber) the North Andover Conservation Commission. &/or 2. 1 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 20 I inspected said property together with any and all improvements which have been made to the sauce and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 20 (Signature-authorized agent of applicant or owner) Page 13 of 13 Stormwater Operation and Maintenance Plan RT 125 (Osgood Street) Improvements, North Andover Long Term Pollution Prevention Operation and Maintenance Plan The purpose of this Long Term Pollution Prevention Operation and Maintenance Plan ("O&M") is to provide project specific information related to the long term operation, maintenance, inspection, documentation, and performance of the structural and non-structural stormwater features. Regular inspection and maintenance of the stormwater management system is necessary to ensure proper operation of the system. The following O&M has been prepared to ensure the proposed system functions as intended. This O&M plan identifies maintenance procedures, schedules, and responsible parties. The Long Term Pollution Prevention Operation and Maintenance Plan has been compiled in general accordance with Federal, State, and Local requirement in addition to stormwater best management practices ("BMPs"). Responsible Parties: Massachusetts Department of Transportation, District 4, shall be the party responsible for implementing this O&M plan. 619 Appleton Street Arlington, MA 02476 Stormwater Operation and Maintenance Procedures: Procedures are obtained from the Massachusetts Stormwater Handbook. These procedures are for all structural and non-structural BMPs and are intended to eliminate or reduce the long term soil erosion and degradation of stormwater features following construction completion. The inspection and successful implementation of all stormwater measures, shall be the Property Manager's responsibility. Stormwater Operation and Maintenance Plan RT 125 (Osgood Street) Improvements, North Andover Structural Pretreatment BMPs Deep Sump Catch Basin Activity ^ Frequency Inspect units Four times per year Clean units Four times per year or whenever the depth of deposits is greater than or equal to one half the depth from the bottom of the invert of the lowest pipe in the basin. Non-Structural Pretreatment BMPs Street Sweeping Activity Frequency High Efficiently Vacuum Quarterly Average, with sweeping scheduled primary in spring and fall Regenerative Air Sweeper Quarterly Average, with sweeping scheduled primary in spring and fall Mechanical Sweeper Monthly Average, with sweeping scheduled primarily in spring and fall Material and Equipment Storage Material and equipment storage shall be done in a safe and orderly fashion. All debris and waste shall be collected and disposed of offsite in a legal manner in accordance with local and federal guidelines. The temporary storage of snow may be permitted in accordance with the locally approved permit plans in the pre-determined locations. Snow may not be disposed of in or around wetland. The wetlands, wetlands buffer zones, and snow storage locations are show in the attached permit drawings. All curb leak-off shall be cleared of snow and debris within 24-hours of a snowfall event to ensure proper drainage. Spill Control & Containment The following measures must be implemented to minimize, control, and contain spills: • Store chemicals inside, when applicable • Pick up litter • The spill shall be contained as close to the source as possible with a dike of absorbent materials from the spill cleanup equipment (such as socks, pads, pillows, or "pigs"). Additional dikes must be constructed to protect swales or other stormwater conveyances or streams. A cover or dike will shall protect any other stormwater structures such as catch basins • Implement employee training program and hold session at least once a year • Identify spill control team Stormwater Operation and Maintenance Plan RT 125 (Osgood Street) Improvements, North Andover Pesticides and Fertilizers • Pesticide/Herbicide Usage— No pesticides are to be used unless a single spot treatment is required for a specific control application. • Fertilizer usage should be avoided. if deemed necessary, slow release fertilizer should be used. Fertilizer may be used to begin the establishment of vegetation in bare or damaged areas, but should not be applied on a regular basis unless necessary Stormwater Operation and Maintenance Plan RT 125 (Osgood Street) Improvements, North Andover STORMWATER MANAGEMENT SYSTEM INSPECTION AND MAINTENANCE CHECKLIST Route 125 at Osgood Landing Inspector: Date: Time: Site Conditions: Inspection & Maintenance Item Satisfactory? Comments or Corrective Measures Deep Sump Catch Basin Yes (Y) or No (N) Taken Inspect Units y N Clean Units y N Street Sweeping High Efficient Vacuum quarterly Y N Regenerative Air Sweeper quarterly Y N Mechanical Sweeper monthly Y N .....................................................