HomeMy WebLinkAbout242-1382, 1812, 1820-1830 Turnpike Street OOC - Permits #242-1382 - 1812 TURNPIKE STREET 7/3/2007 1 i.(.
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From. t.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor- do not Gino Fodera GFM General Contracting
use the return a. First Name b. Last Name c.Company
key. 325 N. Main Street# 15B
d.Mailing Address
Middleton MA. 01949
e. City/rown f.State g.Zip Code
4. Property Owner(if different from applicant):
Jean Paul Proulx
a. First Name b. Last Name c.Company
1812 Turnpike Street
d.Mailing Address
North Andover MA. 01845
e.City/rown f.State g.Zip Code
5. Project Location:
1812 & 1820-1830 Turnpike Street _ North Andover
a.Street Address b.City/Town
Map106D Parcels 46 &47
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e.Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
902 119
c. Book Pl qe
2/2/07 �, 7/3/0-7
7. Dates: a. Date Notice of Intent Filed b. Date Oubliiiic Hearing Closed c. Date bt Issliance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Development Permit Plan
a. Plan Title _..
Eastern Land Survey Associates, Inc. Christopher R. Mello, R. P. L. S.
b. Prepared By c.Signed and Stamped by
.S�/�0 07 ill=20'
d.F nal K visiio�n Date e.Scale
j Z2- CII TruC e-
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $1,850.00 $512.50 $1,337.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
t. 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. 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:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ 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 these interests, 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.
❑ 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).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b. linear feet c.linear feet d. linear feet
4. ❑ Bordering vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cu.yd dredged f.cu.yd dredged
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40—
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. [:1 Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f. cubic feet g.cubic feet h.cubic feet
7. 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
8. El 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
e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. El Designated Port Indicate size under Land Under the Ocean, below
Areas
10. 0 Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. El Coastal Beaches a.square feet b.square feet c.c/y nourishrnt. -d.-c/y nourishrnt.
13. El Coastal Dunes
a.square feet b.square feet c.c/y nourishrnt. d.c/y nourishrnt
14. El Coastal Banks a.linear feet b.linear feet
15. El Rocky Intertidal
Shores a.square feet b.square feet
16. EJ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
17. [] Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. El Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. F-1 Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b. cu.yd dredged
20. 1771 Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5,doc- rev.311/05 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource ProtectioM - Wetlands DEP File Number Number:
������� N������ J� ~� ���=���� ���� ����N�^�"�^��U��� 2421382
- - - - - - - ''' — -- - ---- --- -- `~-~~~^~^~~^~~~
Massachusetts Wetlands Protection Act M.G.L. O. 131' §40
C. G="..=.=. Conditions Under M*nss*mv°onxuseuts Weto*mxnxu:m Protection Act
(only applicable toapproved )
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause bu revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, atahe, or local sbatutes, ordinonoes, bv|avva, 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:
o. the work iaa maintenance dredging project aspnovidedforintheAct; or
b. the time for completion has been extended to a specified doha more than three years, but|eon
than five yeona, from the dote 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 oaaspecial condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
8. Any fill used in connection with this project shall be clean fill. Any fill shall contain no tnaoh, refuaa,
rubbish, or debris, including but not limited to |unmber, brioks, plaster, vvine. |ath, poper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been byken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and than 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 000a of recorded land, the Final Order ohoU 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
CerhficateofTitle of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this 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.
B. 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 ofEnvironmental Protection" [or. ^WYADEP^]
, 242-13B� ^
Fi|� Numb�r
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. 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 DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform&-doc- rea.311/05
Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WP,A► Form 5 -- Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.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.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw _ Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
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.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 P Y
additional See attached
conditions,
select box to
attach a tex:
document
wpaform5.doc• rev.311/05 Page 6 of 9
DEP FILE # 242 - 1382
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those
interests noted above. The-NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of intent referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
18. 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.
19. 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.
20. 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.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. 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.
24. 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.
C:\Winword\OOC\1812 TurnpikeSt.doc 1 NACC 7/3/2007
DEP FILE # 242 - 1382
25. This Order of Conditions is issued under File No. 242-1382.
26. 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.
27. 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.
28. The proposed work includes: The construction of a two-story retail/office building,
associated parking,stormwater management structures, access drives, and associated
grading within the buffer zone to bank and a BVW associated with an intermittent
stream. The site is also located within Estimated Habitat of the Blandings Turtle
(Emydoidea blandingit), a state protected rare species,but was designed in corporation
with NHESP as to result in a no adverse affect on the habitat of the species.
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: GFM General Contracting Corp. (Applicant)
C/o Gino Fodera
325 N. Main Street, No. 15B
Middleton, MA 01949
Dated February 2,2007
Jean Paul Proulx (Owner)
1812 Turnpike Street
North Andover,MA 01845
Prepared by: Epsilon Associates, Inc. (Representative)
3 Clock Tower Place, Suite 250
Maynard, MA 01754
Site Plans prepared by: Eastern Land Survey Associates, Inc.
104 Lowell Street
Peabody, MA 01960
Entitled "Site Development Permit Plan" dated October
21,2006,revised through May 30,2007,consisting of
sheets 1-7. Stamped & Signed by Christopher R. Mello,
P.L.S.
Other Record Plans &
Documents: Stormwater Management Report prepared by Eastern
Land Survey Associates, Inc. dated October 2006,revised
May 2007 and Stormwater Drainage revisions dated 5/07,
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DEP FILE #242 - 1382
Landscape & Lighting Plan dated 5/23/07,revised 6/12,/07.
Prepared by Huntress Associates, Inc.;
Operation and Maintenance Plan dated May 2007;
Drainage Review Letter prepared by Eggleston
Environmental dated May 21,2007;
Drainage Review Response Letter prepared by Eastern
Land Survey Associates, Inc. dated May 31,2007;
Drainage Review Letter prepared by Eggleston
Environmental dated June 6,2007;
Drainage Review Response Letter prepared by Eastern
Land Survey Associates, Inc. dated June 11,2007;
Construction Sequencing Plan (no date);
Division of Fisheries &Wildlife Natural Heritage &
Endangered Species Letter dated June 8,2007.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
a Bordering Vegetated Wetland (BVW) to an intermittent stream and Bank. These
resource areas are significant to the interests of the Act and Town ByLaw as noted above
and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site and as previously approved under 242-1370 (ORAD).
32. 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 in those locations as depicted on the approved
plan referenced herein. The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
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
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DEP FILE # 242 - 1382
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The NACC finds the applicant's proposal for buffer zone restoration/enhancement to
be adequate. The buffer zone enhancement areas shall be constructed during
construction activities and in accordance with the approved Landscape &Lighting Plan
referenced herein. This sequence shall be reflected in the revised construction-
sequencing plan.
35. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as
part of a public way, becomes the responsibility of the Town.
36. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located,within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1382."
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DEP FILE # 242 - 1382
40. Prior to the commencement of any work,the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP) for the file. W11( WZ M-5,1-tt- k wl(t GeMGf 04 MGt hCv\ fVYK (�FA W(
41. 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. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
42. 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
dccuments before commencement of construction.
43. The applicant submitted a Construction Sequencing Plan and is referenced herein.
However, prior to any work commencing on site,the applicant shall submit a revised
construction sequencing plan to the NACC for review and approval to include
additional items,if not already included, such as a dated timetable of construction,the
construction of compensation and retention areas,installation of sedimentation/erosion
control devices,roadway infrastructure,and the construction of the associated
stormwater management structures. The construction sequence shall specify that the
stormwater management structures will be constructed first,prior to any other site
preparation. This timetable must continue to be updated throughout the project.
44. Wetland flagging shall be checked prior to start of construction and shall be re-established V-;1
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 stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as necessary and shall be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
45. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC prior to the start of construction and shall remain intact until
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DEP FILE # 242 - 1382
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. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 50 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion. All
additional emergency erosion controls shall be on site prior to the commencement of
any work on site and will be verified by the Conservation Department during the pre-
construction meeting.
47. A check payable to the Town of North Andover shall be provided in the amount of ✓
$20,000,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
re schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local Bylaw.
48. The applicant shall designate a Qualified Professional Wetland Scientist 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 for subsequent review and
approval by the NACC or agent thereof. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor will be
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
49. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility to ensure that the Environmental/Erosion
Control Monitor (EMC) monitor the site and submit written reports to the NACC. The
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EMC shall certify 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 EMC 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. Monitoring reports shall include current condition of
erosion and sedimentation controls; describe any erosion or sedimentation repair and/
or replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
50. 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 after to
the closing of said land transaction.
51. 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 and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
suacontracts, 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 for each pre-
construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
52. All construction and post-construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent,the Department of
Environmental Protection Stormwater Management Policy, and the approved
Operation and Maintenance Plan attached herein.
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DEP FILE # 242 - 1382
53. Evidence of maintenance of the stormwater management system shall be provided to
the NACC on an annual basis by a Registered Professional Civil Engineer. The first report
shall be submitted to the NACC one year after the first stormwater structure goes on-line
and annual reports must continue to be submitted until a Certificate of Compliance is
issued. Compliance with the designed stormwater management system and associated
stormwater management conditions shall be satisfied prior to the issuance of a Certificate
of Compliance.
54. All drainage structures shall be properly installed and functional. During construction,
all drainage structures shall be maintained,as outlined in the approved Operation and
Maintenance Plan attached herein.
55. Construction of the stormwater structures shall be constructed and functioning as part
of the initial project phase,immediately following clearing and rough grading of the site
to serve as siltation control during construction. Runoff from the site shall be directed
towards these basins.
56. Temporary and/or permanent basins being used for sedimentation and dewatering
during construction shall be cleaned of sediment when levels exceed six (6) inches. The
basins shall be cleaned of sediment prior to final grading and construction of permanent
stormwater basins.
57. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post development
watershed boundaries as currently depicted in the Notice of Intent and approved by this
Order of Conditions, unless specifically approved in writing by the Commission.
58. Water quality down gradient of 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.
59. Prior to the issuance of the Certificate of Compliance,the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Operation & Maintenance Procedures Plan attached herein and the associated stormwater
management conditions referenced herein.
60. 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.
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DEP FILE # 242 - 1382
DURING CONSTRUCTION
61. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which
accurately depicts the foundation location and it's proximity to wetland resource areas as
approved under this Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
62. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
63. A crushed stone construction entrance shall be designated at all entrance/exit drives to
minimize soiVinaterial tracking in accordance with the approved standards and
specifications. Construction entrances shall be maintained and reinforced as necessary.
64. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in stable condition at
the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
65. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
66. The buffer zone enhancement plantings shall be implemented in accordance with the
approved Landscape &Lighting Plan referenced herein and shall be monitored by a
qualified wetland scientist during planting activities. edm
67. The qualified wetland scientist shall monitor the wetland and buffer zone restoration
area for two consecutive growing seasons. Monitoring reports shall be submitted to the
Conservation Department at the end of each growing season (spring and fall). A total of
four monitoring reports for the restoration areas shall be submitted over a 2-year period.
Monitoring reports shall describe,using narratives plans, and color photographs,the
physical characteristics of the restoration areas with respect to stability,survival of
vegetation and plant mortality, aerial extent and distribution, species diversity and vertical
stratification (i.e. herb, shrub and tree layers), and the amount of invasive species in the
area. If at the end of the second growing season, or at any time within the 2-year growing
season period,it has been determined that a 75% success rate has not been achieved,the
NACC shall require additional enhancement measures, such as additional plantings.
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DEP FILE # 242 - 1382
68. The NACC finds that the installation of a fence is necessary around the project site
within the buffer zone in order to deter trash and other debris from entering the wetland
resource area and associated buffer zones. Therefore,a 6-foot high vinyl fence shall-be
installed from the Turnpike Street entrance to the Berry Street entrance along the easterly
limits of the proposed project. Specific locations for the fence may include,but shall not
be limited to, installation at the top of the proposed retaining wall along the front parking
area closest to Turnpike Street. A 4-foot high vinyl fence may be considered in locations
where a 6-foot high fence is not practical as determined and approved by the NACC.
Specific locations and heights for the fence shall be proposed by the applicant on a revised
landscaping plan and shall be submitted to the NACC for review and subsequent
approval.
69. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of
this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the
catch basins be maintained. All catch basins shall be free of all accumulated silt and debris
before Compliance is issued and the owner or his/her agent shall so specify in the request for
Compliance.
70. 'Me sewer lines on the site,where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
71. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basin/storm drain within 50 feet of the work.
72. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure,and that all BMP's are adequately functioning.
73.Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site at all times while
dewatering is occurring_ De-watering activities shall be conducted as shown on the
approved plans and shall be monitored daily by the erosion control monitor to ensure that
sediment laden water is appropriately settled prior to discharge toward the wetland
resource areas. No discharge of water is allowed directly into an area subject to jurisdiction
of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If 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.
74. Associated pavement and roadways shall be swept at least once per week or as directed
by the Erosion Control monitor,the Site Supervisor, Project Manager, or the Conservation
staff for as long as the site remains exposed and unstabilized.
75. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing.
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76. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded,loamed and seeded prior to November 1st of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
climate conditions allow for seeding. During construction, any area of exposed soils that will
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC.
77. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
78. Equipment shall not be staged overnight within 50-feet of a wetland resource area.
79. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
80. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
81. All waste generated bv, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (or other suitable means) at the site for the storage
and removal of such spent construction materials off-site. However, no trash dumpsters will
be allowed within 50' of areas subject to protection under the Act or local Bylaw.
82. 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
83. 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.
84. 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
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DF„P FILE #242 - 1382
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.
85. The approved Operation & Maintenance Plan is fully binding upon the applicant
and/or owners, successors,agents, associations, heirs and assigns and must be adhered to
in perpetuity.
86. Prior to the issuance of a Certificate of Compliance,the applicant shall submit an
.Affidavit from the assignee (s) acknowledging the Operation & Maintenance
responsibilities of the stormwater management systems in accordance with the approved
Operation & Maintenance Plan and other perpetual conditions mandated in this Order.
87. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
within the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. Permanent signs designating"No-Salt Zone" and
"No-Snow Stockpiling Zones" shall be displayed in prominent locations. The location
and placement of these signs are subject to review and subsequent approval by the NACC
or Agent thereof. Signs are available for purchase at the Conservation Department.
Additional snow management procedures and snow storage/removal operations shall be
addressed in accordance with the approved Operation & Maintenance Plan and designated
snow storage areas as depicted on the approved Landscape &Lighting Plan referenced
herein.
88. Upon completion of work, the applicant shall permanently mark the edge of the "25'No-
Disturbance Zone" with eight (8) signs or markers spaced evenly every 50 feet
incorporating the following text: "Protected Wetland Resource Area". This will designate
their sensitivity and assure no further inadvertent encroachment into the wetland. These
permanent markers are subject to review and approval by the NACC. The applicant shall
instruct all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant.
89. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either by
loaming and seeding according to SCS standards. If the latter course is chosen, stabilization
will be considered complete once vegetative cover has been achieved.
90. 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.
91. 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.
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DEP FILE# 242 - 1382
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes anv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
92. 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 except in those locations
approved under this filing. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC. 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 (Condition#32);
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PEP FILE #242 - 1382
➢ Discharge or spillage of pollutants (Condition#82);
➢ Maintenance of catch basins (Condition#69);
➢ Maintenance of 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 (Condition#60);
➢ Prohibition of underground fuels (Condition#83);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds
and pesticides (Conditions #84 & # 87).
➢ The attached "Stormwater Operations and Management Plan", including Best
Management Practices. No additional filings will be required to conduct
maintenance of the above referenced system and plan (Condition # ).
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APPENDIX A—AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition,which has been set
forth in said Order of Conditions.
♦ 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 same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of .20
(Authorized agent of applicant or owner)
CAWinword\00C\1812 TurnpikeSt.doc 15 NACC 7/3/2007
OPERATION AND MAINTENANCE PLAN
PROPOSED STORMWATER MANAGEMENT FACILITIES
1820-1830 TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS
MAY 2007
The following Operations and Maintenance Plan("O&M")has been prepared to ensure
that proposed systems function as designed. The O&M plan includes a maintenance
schedule to ensure that structural and non-structural components are implemented
properly and identifies the responsible parties.
A brief summary of the specific BMP's to be implemented at the site are as follows:
Non-Structural Methods
Site Layout
Any naturally and maintained vegetated buffers temporarily disturbed during stormwater
structure installation will be stabilized upon completion of project activities.
Source Control
A comprehensive source control program will be implemented at the site which includes
regular pavement sweeping(at least four times per year), catch basin cleaning, and
Stormceptor cleaning and infiltration bed inspection and cleaning.
Spill Prevention
A spill prevention plan that includes an emergency notification plan and cleanup program
will be developed as part of the National Pollution Discharge Elimination System
(NPDES) Construction General Permit. At a minimum the following good housekeeping
practices will be followed on-site during construction:
1. An effort will be made to store only enough product required to do the job.
2. All materials stored on-site will be kept in a neat, orderly manner in their
appropriate containers and, if possible, under a roof or other enclosure.
Structural Methods
A. Deep Sump Catch Basins
1. During Construction
a. Protect catch basins grates with hay bales, check dams until base
paving course is installed and landscaped areas are stabilized
and/or vegetated.
b. Inspect basins monthly or following rainstorms of greater than one
inch in 24 hours and clean when sediment levels are greater than
twelve inches.
2. Long Term
a. Inspect basins monthly and clean as necessary, but at least twice
annually.
B. Stormceptor Unit
1. Maintain in accordance with Manufacturer's recommendations (copy
follows). The Stormceptor Units shall be inspected at least four times
annually and after any spill event. The units shall be maintained annually
and immediately following any spill event.
C. Infiltration Beds
1. During Construction
a. Before the development site is graded, areas of infiltration beds
should be roped off to prevent heavy.equipment from compacting
the underlying soils.
b. Infiltration beds shall not be used as temporary sediment traps
during construction.
C. During and after excavation, all excavated materials should be
placed away from the infiltration beds to prevent redeposition
during runoff events. All excavated materials should be properly
handled and disposed, during and after construction.
d. Light earth-moving equipment should be used to excavate the
infiltration basin. The basin floor should be deeply tilled with a
rotary tiller or a disc harrow to restore infiltration rates, after final
grading.
2. Long Term
a. The infiltration beds shall be inspected following each major storm
(more than one inch of rainfall in 24 hours)but at least four times
annually. Water levels in the observation wells should be recorded
at the beginning, 24 hours and 48 hours following a major storm.
The water level should not exceed six inches at 48 hours after the
end of the storm. If so, the bed is likely to require cleaning or
replacement. The use and maintenance of pretreatment BMP's
(catch basins and Stormceptors)will minimize the likelihood of
maintenance of the infiltration beds.
D. Snow Removal
Snow removal will be conducted in accordance with the DEP, Bureau of
Resource Protection Snow Disposal Guidance, effective March 8, 2001. Snow
will not be stockpiled in or adjacent to wetland resource areas. Snow will be
stockpiled in the designated soil stockpile areas shown on the project plans. Snow
will not be stockpiled within the 25' No-Disturbance Zone or on top of storm
drains.
E. Trench Drain and Pump System
1. Trench drain shall be inspected monthly and cleaned as necessary but at
least twice annually.
2. Pump Chamber—Pump chamber,pumps, controls and alarms shall be
inspected on a semi-annual basis. Debris solids shall be removed from the
chamber. Elapsed time meters for pumps shall be read and noted, as well
as proper operation of all pumps and float switches. Any maintenance
procedures shall be noted.
3. Emergency Procedures—The building is to be provided with an on-site,
natural gas or propane-fired emergency generator. The generator capacity
and switching design shall include the capability to run the pumps.
4. In the event of pump failure, the building owner and/or manager shall be
notified immediately to effect repairs or emergency pumping.
F. Erosion Control Procedures
1. Staked hay bales, silt fence, temporary diversion swales and sediment
basins shall be installed in accordance with this plan or as otherwise
directed by the project engineer or the Conservation Commission prior to
commencement of construction activities. 20 additional hay bales and 100
ft. of silt fence shall be kept on site for repairs or other erosion control
needs. The contractor shall inspect erosion control facilities weekly and
after every rainfall event to confirm that same are properly functioning.
Any deficiencies in the erosion control facilities shall be corrected
immediately.
2. All soil stockpiles shall be protected against erosion utilizing erosion
control barriers and/or crushed stone filter dikes. Any stockpiling of soils
with a duration of longer than two days shall be done outside of the Buffer
Zone.
3. Catch basins shall be protected with filters, as shown hereon until no
sediment transport is visible during rainfall events. Filters shall be
inspected weekly and maintained as necessary.
4. Temporary erosion control measures to be taken during construction shall
conform with the "Massachusetts Erosion and Sediment Control
Guidelines, Urban and Suburban Areas" dated March 1997, and may
include some or all of the following measures:
• Temporary seeding
• Temporary mulching (straw)
• Permanent seeding
• Hydroseeding
• Sodding
• Placement of hay or jute netting during winter months
5. Debris and/or litter shall be removed from the site on a weekly basis.
6. If dust is generated during construction, it shall be controlled by use of
water trucks, sprinkling or temporary stabilization methods.
7. At the completion of the project, all disturbed areas shall be permanently
stabilized with loam and seed or other ground cover. All stormwater
BMP's shall be inspected and cleaned as necessary. Paved areas shall be
swept.
The party responsible for Operation and Maintenance of the Stormwater Management
Facilities is:
GFM General Contracting Corporation
325 N. Main Street#1513
Middleton, MA. 01949
Tel: 617-877-9963
Or its heirs and assigns.
4.1 Recommended Maintenance Yroceaure
Oil is removed through the 6" inspection/cleanout pipe and sediment is removed through the 24"
d diameter outlet riser pipe. Alternatively, oil could be removed from the 24" opening if water is
removed from the treatment chamber, lowering the oil level below the drop pipes.
The depth of sediment can be measured from the surface of the Stormceptor with a dipstick tube
equipped with a ball valve(Sludge Judge*). Rinker Materials recommends maintenance be performed
once the sediment depth exceeds the guideline values provided in Table 8.
Table 8. Sediment Depths Indicating
Required Maintenance*
Model Sediment Depth
450i 8" 200 mm
900 8" (200 mm)
1200 10" (250 mm)
1800 15" (375 mm)
2400 12" (300 mm)
3600 17" (425 mm)
4800 15" (375 mm)
6000 18" (450 mm.)
7200 15" (375 mm)
11000s 17" (425 mm)**
13000s 20" (500 mm)**
16000s 17" (425 mm)**
* Depths are approximate
**Depths in each structure
r No entry into the unit is required for routine maintenance of the Inlet Stormceptor or the smaller disc
I insert models of the In-Line Stormceptor. Entry to the level of the by-pass may be required for
servicing the larger in-line models. Any potential obstructions at the inlet can be observed from the
surface. The by-pass chamber has been designed as a platform for authorized maintenance personnel,
in the event that an obstruction needs to be removed,drain flushing needs to be performed, or camera
surveys are required.
Typically, maintenance is performed by the Vacuum Service Industry, a well established sector of the
service industry that cleans underground tanks, sewers,and catch-basins. Costs to clean a Stormceptor
will vary based on the size of the unit and transportation distances. If you need assistance for cleaning
a Stormceptor unit,contact your local Rinker Materials representative, or the Rinker Materials
Stormceptor Information Line at(800) 909-7763.
Disposal
The requirements for the disposal of material from a Stormceptor are similar to that of any other Best
Management Practices (BMPs). Local guidelines should be consulted prior to disposal of the separator
contents.
i
I
In most areas the sediment,once dewatered,can be disposed of in a sanitary landfill. It is not j
anticipated that the sediment would be classified as hazardous waste. In some areas, mixing the water
with the sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal
options, approval from the disposal facility operator/agency is required. Petroleum waste products
collected in Stormceptor(oil/chemicaMel spills) should be removed by a licensed waste management
i
company.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 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
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
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.
Section G, Recording Information is available on the following page.
wpaform5.doc- rev.3/1/05 Page 8 of 9
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form 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:
242-1382
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev,3/1/05
Page 9 of 9
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 7 7
condition pursuant to General Conditions#4, from the date of issuance. t.Date of ssu rice
Please indicate the number of members who will sign this form: 9
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 prope if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this D 7 +ti of `Tu''°�e— a o O
Day Month Year
Before me, the undersigned Notary Public, 5,"-(+ HgLKse-
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
DIDIi1NA�M:WEDGE
COMMONWEAUHOFMASSACHNOTARYPUBLIC
USETTS Signature of Notary Public
My Comm Expires Aug.7,2009
Printed Name of N tary Public
Place notary seal and/or any stamp above 'P 7 a 00 9
My commi sio xpires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on dby certified mail, return receipt requested, on
f)
Date Date
713
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