HomeMy WebLinkAbout242-1692, 1210 Osgood Street 2nd AOOC - Permits #242-1692 - 1252 OSGOOD STREET 4/18/2023 Massachusetts Department of Environmental Protection Provided by MassDEP;
Bureau of Resource Protection - Wetlands 242- 1692
2nd WPA Firm 5 -- Order of Conditions MassIDE�Fd� aoc
Massachusetts Wetlands Protection Act M.G. L. c. 131 , §40
eDP Transaction #
North Andover
city/Town
A. General Information
Please note: North Andover
this farm has 1 . From: Conservation Commission �
been modified
with added 2 , This issuance is for
space to (check one) : a, El Order of Conditions b. 0 Amended order of Conditions
accommodate
the Registry
of Deeds 3. To: Applicant:
Requirements
c/o Ashley . Gray, Senior Vice President
a. First Name b. Last Name
Important:
When filling LaSalle Investment Management, Inc.
out farms on a Organization
the 200 K Street Suite 1100
computer, d. Mailing Address TT
use only the
tab key to Washingtan DC 20006
-move your e. City/Town f. State g. Zip Code
cursor - do
not use the 4, property Owner (if different from applicant):
return key.
See Attached List of Owners
a. first Name mm� � b. Last Name
c. Organization
�et�n
d. Mailing Address
e. CifylTown f. State g. Zip Cade
5. Project Location:
1252 & 1274 Osgood Street North Andover
a. Street Address b, City/Town
Map 34 Lots 56 & 49
c. Assessors MaplPlaf Number d, Parcel/Lot Number
wpaForm5.doc • rev 511812020 Page 1 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - 111re#lands 242-1692
2ndAmend. OOC
WPA Farm 5 - order of Conditions MassDEP Fite #
Massachusetts Wetlands Protection Act M. G. L. c. 131 §40
eDEP Transaction #
North Andover
City/Town
Latitude and Longitude, if known: 4202m0450s -71 d I I m321 Os
d, latitude e. Longitude
A. General Information (cont. )
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Nothern Essex
a. County Y. 'Certfficate Number (if registered land
16913" 6489 21 ; 241 respectively
c. Book d , Page
2nd Amendment 03-1 1 -20 04-10-23 04-14-23
7. Dates,. a, Date Notice of intent Filed b, Date Pudic Haring Closed c, Date of Issuance
8. Final Approved Plans and ether Documents (attach additional plan or document references
as needed) :
See Attached List of Plans and Documents
a. Plan Title
Y. prepared 6y c, Signed and Stamped by
�1. Final Revision Date e, Scale
f. Additional Plan or Document Title g. Date
B. Findings
i . Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the ' above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
.1
the areas in which work is proposed is significant �o tie fallowing interests of the Wetlands
Protection Act the Acts. Check all that apply:
a. Z Public Water Supply b. Ej Land Containing Shellfish c. � Prevention of
Pollution
a Private Water Supplye. El �. � Protection of
Fisheries Wildlife Habitat
g. Groundwater Supply h. Z Storm Damage Prevention i. Flood Control
z. 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 shaft
be performed in accordance with the Notice of Intent referenced above, the fallowing .
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.
wpafarm5.dac • rev 5l18l202Q Page 2 of 13
.� Massachusetts Department of Environmental Protectlon Provided by MassoEP:
Bureau of Resource Protection - 111letlands 242-1692
2nd Amend., OOC
WPA Form 5 - order of Conditions MassDEP File #
Massachusetts Wetlands Protection Act M.G. L. c. 131 , §40
eDEP Transaction #
North Andover
citylTawn
B . Findings (cont. )
Denied because;
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, word 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 meek is attached to this
Qrder.
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
I n te n t is s u bmitted wh ic h p rovid es s ufficien t i nformatio n a n d in cl ud es m eas u res wh i c h 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 370 CMR 10 .05(6)(c) .
3. Buffer Zone impacts: Shortest distance between limit of project 45'+1-
disturbance and the wetland resource area specified its 310 CMR 10. 02( l )(a) a. linear feet
Inland Resource Area Impacts : Cheek all that apply below. (For Approvals Only}
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4-� EJ Ban k a. linear feet b. linear feet c. linear feet d, linear feet
,5. El E3ordering
Vegetated Wetland a• square feet b. square feet c. square feet d. square feet
s. E:1 Land Under
Waterbodies and a. square feet h. square feet c. square feet d. square feet
Waterways
e. c1y dredged f, c!y 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 mm
B. ❑ Isolated hand
Subject to Flooding a• square feet b. square feet
Cubic Feet Mood Storage c. cubic feet � d. cubic feet e. cubic feet #. cubic feet
3, ❑ 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
wpaform5.doc • rev 511812020 Page 3 of 13
4
----------
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1692
2nd Amend. OOC
� WPA Firm 5 �- order of Conditions MassaEP F'ile #
Massachusetts Wetlands Protection Act M.G. L. c. 131 , §40
eoEP Transaction #
North Andover
CitylTown
Sq ft between 1 DD-
200 ft g, square feet h. square feet i, square feet j, square feet �
B . Findings (cont. )
Coastal Resource Area impacts : Check all that apply below, (For Approvals only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Part indicate size under Land Under the Ocean , below
Areas
� 1 . ❑ Land Under the
Ocean a. square feet b, square feet
c. cly dredged d. cIy dredged
� z. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below _
13. El Coastal Beaches cu yd � cu yd
a. square feet b. square feet c. nourishment d. nourishment
14. EJ Coastal Dunes c`-'-yd---- °u yd
a. square feet b, square feet c. nourishment d, nourishment
15. El Coastal Banks a. linear feet b. linear feet
16, [:] Rocky Intertidal
Shores a. square feet b. square feet
17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet
18. El Land Under Salt
Ponds a, square feet V. '-s-quare feet
C. cly dredged d. cly dredged
19. F Land Containing
Shellfish a. square feet b. square teat c. square feet d. square feet
zo. ❑ 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 Sturm a. square feet b. square feet
Flowage
22. ❑ Riverfront Area f�ta� sq. feet b. total sq. feet
Sq ft within 100 ft
c, square feet d. square feet e, square feet f, square feet
wpa for rn5.dae • rev 511$12020 Page 4 of 13
4
Massachusetts Department of EnAronmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1692
2nd Amend. HOC
WPA Form 5 - Order of Conditions MassOEP File
Massachusetts Wetlands Protection Act M ,. G , L. c. 131 , §40
eDEP Transaction #
North Andover
City/Town
5q ft between 100-
200 ft g. square feet h, square feet i. square feet j, square feet
B. Findings (cont. )
pro]cf is for 3. If the 23. ❑ Restoration/Enhancement *:
the purpose of
restoring or a. square feet of BVW� b. square feet of salt marsh�
enhancing a
wetland 24 stream Crossings):
resource area
in addition to
the square �..._ _...
footage that a, number of new scream crossings b. number of replacement stream crossings
has been C . General Conditions Under MassachUSefts Wetlands Protection Act
entered in
Section B.S.c
(BVW) or The fallowing conditions are only applicable to Approved projects.
8. 17.c (salt
Mars) above, 1 ., Failure to comply with afl conditions stated herein, and wife a!I relayed statutes and other
pease ester �� � tteal{ be deemed to revoke or modif this Order.
the additional g� aory measures, scause y
amount here. 2. The Order does no# grant any property rights or any exclusive privileges; it does not
authorize any inj ury to private property or invas ion 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 competed 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 dale of issuance., If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the expended 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
dale of the order. Are Order of Conditions for a Test Protect may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10. 05(l 1 )(f}.h
6, If this order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance dale 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 dean fill. Any fill shall contain no trash ,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, ties , ashes , refrigerators, motor vehicles , or parts of any of the
foregoing .
Nvpaform5.doc • rev 5/1812020 Page 5 of 13
4
------------------
Massachusetts Department of Environmental Protection Provided by MassDEP;
Bureau of Resource Protection - Wetlands 242-1692
2nd Amend. OTC
WPA Form 5 -- order of Conditions MassDEP File #
Massachusetts Wetlands Protection Act M. G. L. c, 131 0 §40
eDEP Transaction #
North Andover
Citylf4wn
C . General Conditions Under Massachusetts Wetlands Protection Act
8. This Carder is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the distri Ct in which the land is located, within
the char of title of tie affected property. I n the case of recorded laid, tie Final order shall
also be noted in the Registry's Grantor Index under the name of the owner of the {aid 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 informafion 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 feed in size bearing the words ,
"Massachusetts Department of Environmental Protection" far, WassDEP")
"File Number 242-1692 "
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 MasslDEP .
12. Upon completion of the work described herein , the applicant shall submit a Request for
Certificate of Compliance (WPA Foam 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 plays identified in Condition #13 above small 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,
wpa€arm5.doc • rev 5/1812020 Page 6 of 13
4
----------
tVlassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1692
2nd Amend. OOC
WPA Form 5 order of Conditions MassD P File
Massachusetts Wetlands Protection Act M . G. L . c. 131 , §40
eDEP Transaction #
North Andover
city/Town
C . General Conditions, Under Massachusetts Wetlands Protection Act (cont . )
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland , the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden sakes 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 an a daily basis and shall remove accumulated sediments
as needed. The applicant shall - immedlately control any erosion problems that occur at the
site and shall Conservation immediately notify the Coserva#ion Commissi on, 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 NET subject to the Massachusetts Stormwater Standards
if the work is subject to the Stormwater Standards, then the projecti4s subject to the
following conditions:
a} AID 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 starmwater 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 constriction 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;
ri, as-built final construction BMP plans are included , signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized ;
iir. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 101
wpa(orm5.dac • rev 511812020 Page 7 of 13
4
i
Massachusetts Department of Environmental Protection Provided by MassDEP;
Bureau of Resource Protection - Wetlands 242-1692
2nII Amend. OOC
WPA Form 5 - order of Conditions MassDEP File # �mm
Massachusetts Wetlands Protection Act M , G , L, c, 131 , §40
eOEP Transaction #
North Andover
citylTawn
C . General Conditions Under Massachusetts Wetlands Protection Act (cont . )
iv. all post-construction stormwater BMPs are installed in accordance with the plans
{including all planting plans} approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined 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 8MPsIdentifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Play") and certifying the following .
i. ) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
11.} 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 steal{ 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
P. R.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 shah 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 steal[ operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook,
rvpa[orm5.doe • re 5f1 a1202a Page 8 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1692
2ndAmend. OOC
WPA Form 5 - Order of Conditions MassDEP file #
Massachusetts Wetlands Protection Act M . G. L . c. 131 , §40
eDEP Transaction #
North Andover
cityrrown ..
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
g) The responsible party -shaft;
1 . Maintain an operation and maintenance log for the lash 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
lag shall indicate the type of material and the disposal location) ;
2. Make the maintenance log available to MassIDEP and the C.onservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassIDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsibly party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
[sluing authority.
h) All sediment or other contaminants removed from stormwater BMPs shaft 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 I I
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
I} Access for maintenance , repair, and/or replacement of BMPs shotl not be withheld .
Any fencing constructed around stormwater BMPs shall include access gates and shotl 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 CM R 10 . 05( l 1 ), the applicant shall also implement the
m onitoring 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.
%vpaform5.doc ■ rev 514812020 Page 9 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEF':
Bureau . of Resource Protection W Wetlands 242-1692
2nd Amend. ODC WPA Form 5 - order of Conditions MassOEP File #
Massachusetts Wetlands Protection Act M. G. L. c. 131 , §40 ,,,
eDEP Transaction # -
North Andover
CitylTavttn
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1 . Is a municipal wetlands bylaw or ordinance applicable? M Yes ❑ N o
z. The North Andover hereby finds (check one that applies);
bonservation Commission
a. that the proposed work cannot be conditioned to meet the standards set firth in a
municipal ordinance or bylaw, sped€ically:
z . Municipal ordinance or Bylaw � 2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intentis submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. H that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw & Regulations Chap. 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 2nd Amended Order of Conditions Findings &
Special Conditions (see attached)
wpaform5.doc ■ rev 511612020 Page 10 of 13
+
MassachusettsDepartment EnvironmentalProtection Provided b EP:
242-1692
Bureau f Resource Protection - Wetlands
w
MassDEP File #
WPA Form 5 Order of Conditions .
Massachusetts Wetlands Protection Act M . G . L. c. 131 , §40 DEP Transaotion
NorthAndover
it ffown
E . Signatures
MO-P
4-m
This Order is valid for three gears, unless otherwise specified as a special
condition pursuant to General Conditions # 4, from the date of issuance. 1 . Date of Issuance r
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the o serration Commission. 2. Number of Signers
The Order must be railed b certified mail (return receipt requested) or hand delivered to the applicant.
copy also must be mailedor hand delivered at the same time to the appropriate Department o
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from Ili at,
Signature Printed Name M�
---
Signature
:0�
rr.f,.., t CM°� �rrrt:Wh lJ-0^..r:•rt' P�* d Name.
# f o w
�J„frl•• •l y � T� � �
� y- f l"�•�~ � �x{ � if � ~�
y✓' ,;:,.. .�rr•++•••r._.+`o Sri
yip
Signature rrr'� Printed NameidAN
k r�
Pri td NameSignature A1
' f ['A) r\iSignature Pri;nted tqame
sigma Printed Name
. Signature ...�.. .. ..�. ...�..,.M Printed a
me
Signature Priritd fry �...�.,.....� w...,
by hand delivery on by cerfi'fled rail , return receipt
Xrequested, on
114 e? 4
Date [date
paform .doc ; rev 1 / 0 0 Page 11 of 1
4
Massachusetts Department of Environmental Protection Provided by MassIDEP:
Bureau of Resource Protection -- Wetlands 242-1692
2,Id Amend. OOC
WPA Farm 5 - order of Conditions MassDEP File #
Massachusetts Wetlands Protection Act M. G. L. c. 131 , §40
eDEP Transaction #
North Andover
CifylTown
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 i n which such lard is loc ated ,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request mush be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a competed Request for Departmental
Act'lon 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 shaft 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 subm iss ion 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 tolssuance 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 ire
the M as sac h u setts Wetla n d s Protection Act (M , G. L. c. 131 , § 40), and is inconsistent with the
wetlands regulations (310 C M R 1 D. 00). Tothe extent that the Order is based on a municipal
ordnance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc rev 511812020 Page 12 of 13
4
Massachusetts Department of Environmental Protection Provided by NlassDEP:
Bureau of Resource Protection - Wetlands
242- 1692
2nd Amend. HOC
VIIPA Form 5 Order of Conditions MassIDEP File #
Massachusetts Wetlands Protection Act M . G .I. c. 1 31 , §4a
eDEP Transaction #
North Andover
Cityffown
G . Recording Information
Prior to -commencement of work this Order of Conditions must be recorded in the Registry of
d'
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land , this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be - submitted to the Conservation Commission listed below,,
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission ._ _ . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
b — — — — — — — — — — —
To:,
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1252 & 1274 Osgood Street 242-1692
Project Location mm + MassIDEP File Number
Has been recorded at the Registry of Deeds of.
Northern Essex
County Book Page
for: LaSalle Investment Management, Inc. c/o Ashley Gray & Forgetta Development, I.LC
c/o Robert Bohlen
and has beery noted in the chain of title of the affected property in :
16913; 6489 21 ; 241 respectivel y ,..
Book Page
In accordance with the Order of Conditions issued on :
2na Amended Order of Conditions April 1 8 , 2,023
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-
wpaform 5,doe rev 51181202 0 Page 13 of 13
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 242-1692
2nd Arnend. HOC
WPA Form 5 Order of Conditions MassDEP File #
Massachusetts Wetlands Protection Act M . G. L. c. 131 , §40
eDEP Transaction #
North Andover
C itylTown
Signature of Applicant
wpaTorm5.dac rev 5118f2020 Page 14 of 13
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DAP FILE # 242 -- 1692 - 2"`� Amendment
Findln�s:
� The North Andover{ Plam-ting Board issued Special Permits to Forgetta Developil-lent,
LLC 'for Site Plan Review and Reduction in Parking as well as a Common Driveway on
December 6, 2016. The Permits were modified to reflect site plan changes on January
23, 2018*
• The North Andover Plamiing Board issued Special Permits to Princeton Development,
LLC for Site Plan Review, M-ulti-Faill-ily Housings c'111d Reduction in Parking c'15 Well c'15
a CoiTa-non Driveway on Decen-Lber 6, 2016. A Notice of Height Waiver was also issued
on that dale. The Permits were modified to reflect site plan changes on January 23,
20189
• The North' Andover Conservation Coirunission (NACC) issued an Order of Resource
Area Delineation on August 11, 20160
• On January 12, 2017 the NACC issued an Order of Conditiotis f or the Mixed Use
Development Project at 1210 Osgood Street., No. Andover to Applicant Princeton
Development LLB and Owl-ter/ Applicant F orgetta Development LLC,
1st Amendment..
• On fanuary 26, 2018 the NACC issued an Amended Order of Conditions to account for
changes in elevatioris on the site as reflected on revised Permit Site Plan dated January
15, 2018 listed herei il.
21nd Amendment.
This proposed 2nd Arnendi-nent to the Order of Conditions has been initiated by the North
. Andover Conservation Colyni-iission (NACC) pursuant to the North Andover Wetlands
Protection Bylaw, Chapter 190 Section 6.D . The' NACC hereby finds that the changes in
the pr' oj'ect and on-going management of sources of impacts to the wetland resource areas
from RCA used as fill material within the project site (both demonstrated and potential)
are of ample magnitude that warrant imposition of additional conditions to etisure
adequate protection of the wetland resources and/ or the i nterests covered by the
Massachusetts Wetlands Protection Act and North Andover Wetlands Protection Bylaw.
These sources of impacts and ananageincnt thereof (1-nore fully explained below) have
been, to date, governed by a series of Erdorcemerit Orders, The Cornini ssian is of the
opinion that the sources and nature of impacts are now sufficiently characterized, so that
the means and methods of their long--term manageinent/treatment are better understoad.
The NACC finds that this body ,of knowledge serves to better inform the public whir
additional conditions that have been incorporated into the Amended Order, which will
result in a comprehensive, recordable, regulatory document.
Chronologv of Wetland Impact Discovery, Events.. Res']ponses, Importa ontrollin
Documents & Associated Requirements.0
1252 & 1274 Osgood Street (FKA 1210 Osgood Sheet)
DEP 11242- 1692 - 2�a Amendment Order of Conditions
Page 1 of 36
i
1252 & 1274 Osgood Street (flca 1210 Osgood Street) DEP FILE # 242 — 1692 TWAmendinent
� Chi NovemUex, 16, 2018 the NACCissued a Cease arid Desist Orde)A to the General
Contractor prohibiting the use of processed glass aggregate (PGA) within resource
areas and near 'stor•inwater management areas.
• On Nov ernber 28, 2018 the General Contrac tor for the Applicant/ Develop er (NRP)
submitted an Agreettielit to Satisfij Cease wzd Desist Ordete and RCA Removal Map
acknowledging implementation of fl-Le removal of PGA and recycled concrete
aggregate (RCA) from jurisdictional areas designated on tfie Removal Map and
P rohib'l' t'ing the use of RCA and PGA in jurisdictional areas.
• On March 29, 2019 the NACC issued an Eiiforcetixiit Order to the Applicant and
General Contractor after its monitor observed crystal-like sediment deposits in the
wetland area from the Pr0�ect's dewatering activities and natural groundwater
discharge into fine wetlands, The Order required the Applicant to notify abutters,
investigate the nature of the sediment and develop a plan to restore the impacted
wetlands.
• On April 19, 2019 the NACC issued an E7iforcetiient Order to the Applicant and General
Contractor to cease dewatering activities until approved by NACC and restore
impacted areas to pre-existing condition, after discovering sediment discharging frorn
the Projects dewatering devices,
• In response to these Eiiforcetixiit Orders, Paul Lockwood of Lockwood Remediatioll
Teclu-iologies (LRT), Vernon Kokosa of Sanborn Head and Paul McManus of EcoTec,
Inc. were retained to test the sediment, identify its cause and develop corrective
measures,
o On April 23, 2019 Sanborn Head subinitted a Repoilf oSoil, Sedittieiit n.sid Stfacecs WarteSatnpring & Aiialysis in which if concluded the sediment was a calcite campound.
Sanborn Head opined tbat the sediment was created when surface wafer and
precipi tation inf i1trated tbrough soil c ontaining RCA and into the groundwater and
when ttie groundwater naturally discharged to the wetland. Wtien the impacted
water was exposed to the atmosphere, the dissolved calcium compounds reacted with
carbon dioxide and oxygen to form calcium carbonate, which precipitated out of
so ution and crystalli zed to .dorm calcite,
a On April 23, 2019 Sanborn Head also submitted a Respome Actioll Plall to propose
methods to c ap ture the irrip ac ted gr ound water, treat i t before d ischarging info the
wetlands and report bests from treatment process. The Plan also recor7unended
allowing paving to conunence to reduce precipitation infiltrating into the soil.
• On April 26, 2019 the NACC issued an Eiiforceiiieiit Order directing the Applicant and
General Contractor to implerrient the Response Action Plan and requiring the contiliued
operation of the dewatering and treatment system and the submission of data regarding
dewatering activities to the NACC,
• On or about April 30, 2019, LRT submitted a report date. April 30, 2019 "Dewatering
and Water Treatment System Submittal" detailing the design, meals, methods and
equipment they proposed tising to collect groundwater from fl-woughout the sY te, treat
it and discharge it in a neural condition to the wetlands.
1252 & 1274 Osgood Street (FKA 1210 Osgood Street)
DEP #242- 1692 - 2"d Amendment Order of Conditions
Pa e 2 of 36
1252 & 1274 Osgood Street (fka 1210 Osgood Sti-eet) DEP FILE # 242 — 1692 2nd Amendment
• At the May 22, 2019 NACC nzeeting, the NACC voted to engage a 3rd pasty peer
review (GEI) to advise the Cornmission and directed the Applicant to pay for the
same.
� On May 31, 2019, EcoTec, Inc , submitted a letter to the NACC reporting the findings
from its May 29, 2019 site inspection. EcoTec observed no areas of additional .
vegetation affe cted and concluded that there was no ev idence of further effect on the
nearby wetland and natural buffer zone areas as a result of ongoing construction
activities on site,
• On June 12, 2019, EcoTec submitted a report and plan on behalf of the Applicant ar1d
General Contractor in satisfaction of the NACC's March 29, 2019 Eriforcement Order,
The EcoTec submission provided an analysis of the wetland vegetation and macro
invertebrate sampling and also set forth a detailed planting plan for the vegetation
that was previously disturbed.
At the June 12, 2019 NACC, the Conu-nission reviewed the following.
o May 31, 2019 Hancock Associates letter advising the CoiTu-nission of its opinion
that the 'RCA on the site will. not impair the ability of the stormwater inf iltration
systems to function as designed.
a dune 11, 2019 GEI letter indicating that the LRT collection and treatinent system
was successfully capturing and treating in-ipacted groundwater and
zeconvnending course paving of the site be allowed to conunence,
� On june 20, 2019, Sanbom Head submitted a letter to the NACC documenting its
opinion that the use of RCA at the site was performed in accordance with the
MassDEP ABC Policy and widely accepted construction practices in Massachusetts
and that a Benefic ial Use Determination was not required for the reuse of the RCA
material as fill. Sanborn Head also staffed its opinion that the tise of RCA at the site
complied with Condition. #73 of the Amended Order of Conditions
+� On July 3, 2019, EcoTec, Inc. submitted a letter to the NACC reporting the findings
from its July 1, 2019 site inspection, EcoTec observed natural revegetafion of affected
areas and reported that calcite deposits continue to abate from natural processes.
• At its July 10, 2019 meting, the NACC issued an ai-nended Enforcement Order
approving the installation of an Interceptor Trench based on plans from LRT entitled
" Interceptor Trench Layout" dated July 3, 2019 Yyyi`t^ ''l , 2.01-19. ; as park of the dewatering
and treatment systern az1d allow ing pavement activi ties throughoufthe site to
continue al-id weekly inspections and data from the dewatering system. The NACC
cansz dered the following reports in rendering this amended Enforcement Order:
a, LRT Dewatering and. Water Treatment Suiya-iiary dated July 3, 2019
v. Sanbom Head Monitoring Plan dated July 3, 2019
c , GE1 letter dated July 10, 2019
• an duly 31, 2019, the NACC issued an Amended Enforcement Order memorializing its
approval of the Interceptor Trench contingent upon a first of several conditions,
including the submission of a revised rnonitoiing plan that incorporated comments
from the NACC's peer review consultant.
12 52 & 1274 Osgood Street (FKA 12 10 Osgood Street)
DEP 4242- 1692 - 2111 Aiaiendinent Order of Conditions
Pa e 3 of 36
i
1252 & 1274 Osgood Street (fka 12 10 Osgood Street) DEP FILE # 242 -- 1692 2' d Amendment
• an Au gu st 7, 2019 Sanborn Head issue d a Revised Mon itoring Plan that included the
prior xeconunendafions fron-i GEL This revised monitoring plan proposed a thorough
monitoring, reporting and notification plan .for the operation of the Dewatering and
Treatment System. This Plan also set forth "Shut Down Criteria" to establish when ttie
Dewatering and Treatment System could be shut down based on certain defined
criteria .
• On September S., 2019, EcoTec issued its first Wedand Monitoring Report in
accordance with the approved Monitoring Plan dated August 7, 2019. The report
indicated that no new calcite deposits were observed and that previously observed
accumulation appeared to be abating naturally.
Atits October 9, 2019 meeting the NACC issued. an Eiiforcetiieii. t Orderapproving
modifications to the well point system and requiring data on the flow safes of the
Dewatering Treatment Sys tern, based on LRT- s October 3, 2019 Monitoring Planand
Mod"if ications to the Well Po int System and GEI's October 4, 2019 email supporting
LRT's Plan.
• At its the Uc�oUer 23, ZD19 �x�.eed ng, the NACC reviewed Sanborn Head' s October 21,
2019 Well Point Shut-Down Evaluation and voted to allow weld--point system to be
taken off-line so tang as the subsurface wells remain in place so that the system could
be reactivated in the event of an unanticipated eznexgency.
• On December 31, 2019, the NACC issued an Enforcernent order afters observing
improper laved parking surface water dewatering activities on z%te,
• On Janu ary 4, 2020, the N ACC issued all Eriforcement Order requiring the capture and
treatment of impacted wader emanating from a sean-i between the sidewalk and paved
parking lot located irmuediately west of Building B .
• At its January 8, 2020 meeting, the NACC voted to resci��d i.'�s DecemUer 31, 2019
dewatering Enforcement order as this activity was governed by the NACCs April 26,
2019 Enforcement Order,.
� On fanuary 14,. 2020., the NACC approved the Applicanes December 5, 2019 request
for a one-yeas extension of the January 12, 2017 Order of Cond itions, as Amended on
January 26, 20180
• At its January 22, 2020 meeting, the N ACC issued 2 Enforcement Orders:
o Enforcement order January 27, 2020 reaffirtned the NACC's pos itron that the
archer of Conditions applied to the entire site and its shared stoxmwater
management system regardless of the fact that a portion of the site is being
developed for a residential use and another portion being developed for a
coiruuercial use,
o Enf orcement Order January 27, 2020 required ttie development of an Erosion &
Sediment Control Plan for the comrtnercial area of the Site.,
• On February 4, 2020, EcoTec issued i ts seventh Wetland Monitoring Report in
accordance with the approved Monitoring Plan dated August 7, 2019 . The report, dike
the six that pr depositseceded it, indicated ghat no new calcife were observed, no new
theiYnpacts to wetland were observed and that previously observed accurnulatzon
appeared to be abating naturally with only trace evidence of calcite remaining.
1252 & 1274 Osgood Street (FKA 12I0 Osgood Sheet)
DEP #242- 1692 - 2"d Ai7lendment 4t'dei' pfConditiolts
Pa e 4 of 36
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DEP FILE # 242 — 1692 21 Amendment
• At its February 5, 2020 meeting, the NACC approved the Erosion Control Plan for the
commercial area of the Site and further soil and groundwater testing being done in the
conunercial area of the site to assess its impact on the storrnwatex1 management system
and dewatering treatment system.
At its February 19, 2020 meeting, the NACC examined besting data provided by the
Hancock & Associates Inc ordered further testing. The NACC also mooted to hold a
public hearing to Amend the Order of Conditions to memorialize the findings and
plans developed to address envizonzx- .ental conditions an the Site,
At its March 11, 2020 public .hearing the NACC zev iewed the March 6, 2020 "
Grotoi-dwater Coii-dhioiis Opl'iiioii Letter of LRT, the March 11, 2020 Dri'llt'iig Ratioiialefor
Moifitoriiig Well histallatioit Ach"vities from LIST, and- an oral report from Mike Sabulis
of GE1 and concluded all impacted groundwater on the site was accounted for and
was being captured by the interceptor trench and successfully treated in LRYs
Dewatering and Treah-nent System.
� At its December 9, 2020 meeting, the NACC approved the October 27, 2020 Drainage
Outfall Monitoring and Collection System as prepared by LRT, to install an overflow
weir anti 1.5" outlet pipe at the bottom of four drainage outlets to conned to the
interceptor trench and collect and treat periodic low--flow discharge,
• At its August 26, 2020 me eting, the NACC issue d an Enforcement Order approvi ng
LRTs August 21, 2020 Removal of Erosion Controls & (installation o� New Apron at
Water Treatment Discharge, allowing the installation of a shone apron at the water
treatment system discharge point to reduce potential of erosion within the wetlands.
o At its September 29, 2021 meeting, the NACC issued an Enforcement Order 'in
response to water treati-nent system failures, requiring response information and
san-ip .ing plan for within the bath of the escaped high pH; EO response from Attorney
Jeffrey Brown and Paul McManus LSP, PATS dated October 5, 2021 .
The NACC hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the Skate Regulations., the focal ByLaw and Regulations; to
protect (hose interests noted wove. The NACC orders that a11 work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
exfent that the following conditions modif or differ from the plans, specifications or other
propos Is submitted with the Notice of intent the conditions shall control.
............. ............I...
GENERAL CONDITIONS
..............
..........
.......... .
20 . The proposed work within jurisdiction includes: a muted use residential/ eoiYumercial
development including f our commercial. buildings and four, apartment style buildings
and associated facilities including surface parking lots., carports, a leasing
management office, swimming pool, storznwater management BMPs and landscape
1252 & 1274 Osgood Street (FICA I2I0 Osgood Street)
DEP 4242- 1692 - 211d Amendment Order ofConditioils
Page 5 of 36 .
1252 & 1274 Osgood Street (flea 1210 Osgood Street) DAP FILE # 242 -- 1692 2"' Amendment
areas portions of which are in the 100-foot Buffer Zone to Bordering Vegetated
Wetlands . Buffet Zone Mitigation for clearing done prior to permittingis also
proposed.
21 . The work shall conform to the following (excep t as noted in the remainder of this
document where revisions may be required) :
Applicants: Andrew Chaban
Princeton Developnient, LLB
1115 Westford Street, 4th Floor
Lowell, MA 01851
Robert Boblen
Forgetta Development, LLC '
34 Park Street
Andover, MA 01810
Property Owner (Responsible Parties): Robert Bohlen
Forgetta Development, LLB
34 Park Street
- Andover, MA 01810
Peter Opoku
LIPT Osgood Street, LLB
c/ o LaSalle Investinent Managel-nent
333 West Wacker Drive, suite 2300
chicago, IL 60606
Attn: Ashley Gray
Senior Vice President
Lasalle Investment Management Inc.
200 K Street Suite 1100
Washington, DC 20006
Residential Site Management: Princeton Properties., Management, Inc.
Jeff Brown, General Counsel
Princeton Properties Management, Inc,
1115 Westford Street., 4th Floor
Lowell, MA 01851
Representative: John J. Henry, PE
Lockwood Rernediation Teclu-iologies, LLC
89 Crawford Street
Leominster, MA 01453
12 5 2 & 1274 Osgood Street (FKA 12 10 O sgood Sheet}
DEP 4242- 1692 - 2"d Atnendnieirt Order of Conditions
Page 6 of 36
1252 & 1274 Osgood Street (flm 1210 Osgood Street) DEP FILE # 242 — 1692 2 � A���en�im �t
e�
Wetland Delineatiol-I
Conducted by: Epsilon Associates, Inc ,
Date: dune 1, 2016
Erosion Control Monitor: Paul McManus, LSP, PWS
EcoTec, Inc ,
102 Grove Street
Worcester, MA 01605
(Residential Side)
Williams & Sparages .
189 Nort1i Mein Street, Suite 101
Middleton. MA 01949
(Coiya-nercial Side)
Record Documents: Mixed Use Development Project
#1210 Osgood Street (Route 125) Notice of Intent
Date, Noveniber 4, 2016
Received ; Novernber 4, 2016
Submitted by4 Epsilon Associates, Inc,
Draft StorniLwater Pollution Prevention Phan and
Construction Sequencing Plan
Prepared by: Hancock Associates
Date: 12-6-16
Site Plans (see amended) : Titled: Notice of Intent
North Andover, Massachusetts
Proposed Mixed Use Development
(Sheets 1 fluough 31)
Lash Rev ised 4., 11 / 21 / 2016
Prepared by: Hancock Associates
315 Elm Street
Marlborough, MA 01752
• Stamped by: Joseph D. Peznola, P.E.,
Stormwater Review: Lisa D. Eggleston, P.E.
Eggleston Enviroi-anental
32 Old Framing-hani Road., Unit #29
Sudbury, NSA 01776
Letters Dated: July 29, 2016; September 28, 2016;
October 28, 2016, November 17, 2016
1252 & 1274 Osgood Street (FICA 1210 Osgood Street)
DEP #242- 1692 - 2"a Amendment Order of Conditions
Pa e7 of 3G
1252 & 1274 Osgood Street (fl(a 1210 Osgood Street} DEP FILE # 242 -- 1692 2,11 Amendment
Emails Dated: October 27, 2016; Noven-iber 1, 2016;
December 1, 2016 December 14, 2016
Response to Storn-iwater Review
Prepared by Hancock Associates
Joseph Peznola, P.E.
Dated: Novel iber 23, 2016
Ist Amended Site Plans: Titled: Permit Site Plan
North Andover, Massachusetts
Proposed Mixed Use Development
Revision Date : 1/ 15/ 18
Revised Sheets (1-30) ,-,
Sheet 1 : Title Sheep
Sheet 2; Existing Conditions ANRAD Plan
Sheet 3: Layout and Materials Plan
Sheet 4,4, Overall Grading Plan
Sheep 54, Conceptual Landscape Plan
Sheet 6: Landscape Entargemelit Plan
Sheet 7; Landscape Enlargement Phan
Sheet 8; Conceptual Lighting Plan
Sheep 91., Site Lighting Photomeftic Plan
Sheep 10: Utilities Plan overview
Sheep 11 -P. Water & Sewer Phan
Sheep 12#, Water & Sewer Phan (2 of 3)
Sheet 13: Water & Sewer Plan (3 0f 3)
Sheet 14: Sewer Profile
Sheep 15 : Pump Station (1 of 2)
Sheep 16: Pump Station (2 0f 2)
Sheep 17, Stormwater Plan (1 of 4)
Sheet 18: Stormwater Phan (2 of 4)
Sheet 194, Stormwater Plan (3 of 4)
Sheet 20@ Storniwater Plan (4 of 4)
Sheet 21 : Site Details Sheet
Sheet 22-P. Site Details Sheet,
Sheep 23s, Rainstore3 and Stormtech Isolator Raw
Sheep 24:, Isolator Row Treatment Device and
Elevations
Sheet 25: Erosion and Sediment Control Plan
- Sheet 26: Drainage and Erosion Control Details
Sheep 27-o. Water and Sewer Details Sheet
Sheep 33-o. Landscape + Lighting Details
Sheep 29: Retaining Wail Layout
1252 & 1274 Osgood 5ti•cet (FKA 1210 Osgood Street)
DEP #242- 1692 - 211d A mendrnenr order of Condit ians
Page 8 of 36
i
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DEP FILE 4 242 -- 1692 2,11 Amendinent
Sheet 30: Buffer Zone Restoration Area
Storinwate' r Review;
Lisa D . Eggleston, P.E.
Eggleston Enviroiunental
Letters Dated; November 29, 2017 & Jantiary 12,
2018
Men-iorandum Dated: December 15, 2017
Response to Storn-Lwater Review
Prepared by Hancock Associates
Joseph D. Peznola, P.E.
Letters Dated ; Decen-iber 18, 2017 & January 15, 2018
Other Record Documeritst Stormwater Report
Prepared by: Hancock Associates
Revised: 10-1-16
Stamped by: Joseph D. Pezi-Lola, P.E.
Revised: 1-15-18
Long Teem Stormwater Operations and Maintenance Plan
Prepared by. Hancock Associates
Revi sed ; 12-6-16
Revised 1-12-18
Letter from Hancock Associates
Prepared by Joseph D. Peznola, PE
Date: December 21, 2017
Re: 1210 Osgood Street DEP File No. 242-1692
Amended Order of Conditions
Notification to Abutters & Abutters Listing
(Certified 12/ 21/ 17)
231d Amended Documents & Plans :
• Interceptor Trench Layout
Prepared by : Lockwood Ren-Lediation Tecluiologies LLC
Dated June 21, 2019
Sheets 1-2
• Water Treatment System and Interceptor Trench Layout
Prepared by : Lockwood Reinediatioll Technologies LLC
1252 & 1274 Osgood Street (FKA 12 10 Osgood Street)
DEP #242- 1692 - 2'ld AE11e11d171eI1t Order of Conditions
Page 9 of 36
i
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DEP FILE # 242 1692 2` Amendment
Dated; March 16, 2020
Sheets 1- 6
o Grading and Drainage Plan
Hancock Associates
Dated January 14, 2020 (Revised Feb. 2020)
Stamped 224485K2 GAIT
• Operation & Maintenance Plan
Interceptor Trench D e- watering and Treatment Systein . -
Dated April 15, 2020
Prepared by Lockwood Rernediation Teclu-iologies. LLC
� Revised Monitoring Plan for Wetland Impacts
Dated August 7, 2019
Prepared by Sanborn Head
s Cease and Desist Order issued 11 -16-18
• Agreement to Satisfy Cease and Desist Order 11-28-18
� Erdorcement Urger issued 3-29-19
� Erdorcement Order issued 4-19-19
Report of Soil, Sediment and S-urface Water Sampling &
Analysis Prepared by Sanborn Head 4/ 23/ 19
• Response Action Plan Prepared by Sanborn Head 4/23/ 19
� Enforcement Order issue. 4-26-19
• Dewatering & Watex Treatment System Submittal 4-30-19
(Arny catuzot find this document)
• EcoTec Leiter 5-22-19
• EcoTec Letter 5-31-19
• Hancock Associates Letter 5-31-19
• LRT Leiter 05-31-19
• GE1 Conu-nent/ Reconunendation. Letter 6-11-19
• GEI Letter 06-12-19 Regulatory Review
s EcoTec Repast 6-12-19 re: Wetland Evaluation and Proposed
Remedial Measures
• Sanborn Head letter re: Use' of RCA as Construction Material
6-20-19 (Amy carx-Lot find this document)
• LRT Dewatering & Water Treatment Sutyu-nary 7-3-19
• Sanborn Head Monitor ing Plan f or Wetland Inapac ts 7-3-19
� EcoTec Letter 7-3-19
e GE Con-u-nent Letter 7-10-19
s Enforcement Order issued July 31, 2019
1252 & 1274 Osgood Street (FICA 1210 Osgood Street)
DEP #242- 1692 - 2"d Amendment Order of Conditions
Page 10 of 36
1252. & 1274 Osgood Street (fka 12 1 D Osgood Street) DEP FILE # 242 ---- 1692 T"' Amendment .
• Sanborn Head Revised Monitoring Phan for Wetland ln-ipacts
08-7-19
EcoTec Letter 09-5-19
� LRT Monitoring Plan -- Modifications to the Wellpoint System
10-3-19
� GEC Email response to 08-07-19 Sanborn Head Letter
• EcoTech Letter 10-08-19 Wetland Planting Completed
� Ei-fforcement Order issued 10- 09-19
Sanborn Head Wellpoint Shut-Dawn Evaluation with
attaclu-nenfs 10-21-19
• Hancock Associates Pavement Maintenance Phan 12-11-
19(needs- revising to be more comprehensive, more frequent
pavement monitoring)
• Enforcement Urger issued by Administrator 4-4-20
• Sanborn Head Letter - Requested Follow Up lnformati* on
01-13-20
� Sanborn Head Letter -- Review of Potential MCP Applicability
01-13-20
• KMM Geoteclu-dcal Consultants, LLC Memorandum-
Geotechnical. Surnmary 07-12-16 (attached to Sanborn Head 01-
13-20 letter) ,
• . Enforcement Order issued 01-22-20
Enforcement Order issued 01-22-20
• Sol"IX Corp . 01-27 & 28-20 Test boring dogs with Hancock
Sketch 2 Groundwater Table and soil boring and monitoring
well locations plan 02-05-20
. • Hancock Overall Grading Plan aiuiotated with Geotech and
groundwater monitoring well ii-tformation
• EcoTec Letter, 02-4-20
• LRT Soil Sample Analysis 02-10-20
« February 14, 2020 MicroVis I* on Labs -- Report Analysis (s oz
boring sample tests)
« February 19, 2020 LIST Lefler - initial report on growth
observed just downstream of permanent discharge point.
• March 4, 2020 Microvision Labs Report Analysis (remai ni ng 5
soil boring samples); .
• March 4, 2020 Hancock Plan "Sketch 14: Soil Boring RCA
Results";
• LRT Groundwater Conditions Opinion Leiter (w/ attached
additional �noni�oring we11 1ocafion map and updated
groundwater contour map 03-06-20
1252 & 1274 Osgood Street (FICA 1210 Osgood Street)
DEP 4242-1692 - 2"a Aniendment Order of Conditions
Page 11 of 36
"`� Amendment1252 & 1Z74 �sOsgoodStreet (flea121D Usgood Street) DEP FILE # 24Z — IG92 2
� Gro-Lindwater Conditions opinion Letter of LRT 03-06-20
• March 6, 2020 LRT Groundwater Conditions Opinion Letter
(w/ attached additional monitoring well location map and
updated groundwater contour map);
� March 9, 2020 email from M. Sabulis of GEC requesting follow
up information on data for addzfional wells (MW7-MW14);
• March 6, 2020 ei-nail from J, Peznola of Hancock re; remaining
soil boring sample testing;
• LRT Drilling Rationale for Monitoring Well Installation
Activities, 3-11-20
• February 20, 2020 email from M. Sabulis of GE1 re: Sail Testing
Clarification,
• Operations and Maintenance Phan by LRT.,
Interceptor Trencb Dewatering & Treatment System 04-15-20&
LRT Proposal f or Water Treatment System Operation &
Maintenance signed by All Parties - 05-20-20 (Collectively LRT
O&M)
• Shared Responsibility for Common Amenities 1210 Osgood
Street, .North Andover, MA - Easement Agreement and
Cornmon Schemes Restriction document recorded at NERD
Booko, 15507 Page 16 on 06-08-18
Enforcement Orders issued July 1[], 2019 amended to
September 1, 2020
• Removal of Erosion Controls & New Apron .for Water
Treatment System Discharge prepared by LRT dated August
21, 2020; Eii-f orcement Order i ssued Sep ternber 1, 2020 in
response.
• Drainage Outfall Monitoring and Proposed Collection System
prepared by LRT, dated October 27, 2020; GE1 email rev iew
and approval of same, approved at 12-09-20 NACC meeting.
• Extension permits to RUC, 01-12-21; 01-12-22
• Enforcement Orders 09-16-21 & 10-05-21 Treatment System
Failures
• Owner's response to 10-05-21 EO dated sane
� EcoTec Wetland Monitoring Report #42 dated January 10, 2023
• Contractor Agreement between Owner and LRT dated January
18f 2023
• EcoTec Wetland Mom toring Report #43 dated February '17,
2023
• EcoTec Wetland Monitoring Summary dated February 17, 2023
• LRT Wafer Treatment Systern Update dated February 21, 2023
1252 & 1274 Osgood Street (FKA 12 10 Osgood Street)
DEP #242- 1692 - 2"a Amendment Order of Conditions
Pa e 12 of 36
1252 & 1274 Osgood Street (fka 12 10 Osgood Street) DEP FILE # 242 — 1-692 TO Amendment
� Revised Future Monitoring Schedule suUi-nitted February 21,
2023
• LRT Water Treatment System Summary Table througti
February 10, 2023
e LET influent pH versus Time Interceptor Trench Timeline
(scatter, graph) as of February 10, 2023
o Owner's Aff idavit of Acknowledgement and Obligatiol-I
dated February 21, 2023
• Princeton North Andover 2023 Budgeted Operation Expenses
for Groundwater Treaft-rient System
� LRT Proposal for Interceptor Trench & Wafer Treatment
System Upgrades dated April 6, 2023
* Escrow Release Agreement (as revised by this 2nd Amended
Order of Conditions - Attacl-Led here to as Appendix A
NACC Enviromnental Peer
. Review Consultant; Michael Sabulis, LSP
GE1
400 Unicorn Park Dr,
Woburn, MA 01810
Project Environmental Engineers : Paul Lockwood & John Henry
& Consultants Lockwood Remediation Technologies, LLC
89 Crawford. Street
Leominster, MA 01453
Vernon. Calcosa, RE
Sanborn Head
7 Technol09Y 'Drive
Westford, MA 01886
Paul McManus, LSP, PWS
EcoTec, Inc.
102 Grove Street
Worcester, MA 01605
22. The term " Applicant"' as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting docurnents 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
take place prior to the issuance of a Certificate of Compliance .
1252 & 1 274 Osgood Street (FKA 1210 Osgood Street)
DEP 11242- 1692 - 2nd Amendment Order of Conditions
Page 13 of 36
i
`s
I2 52 & 1274 Osgood Street (fka 1210 Osgood Street) DEP FILE # 242 — 1692 2 Amend ment
23 . The conditions of this decision shall apply to, and be binding upon, the applicant,
owner; its ernployees and all successors and assigns in interest or control. These
Obligations shall be expressed in covenants in all deeds to succeeding owners of
portions 'of the property ,
24. Failure to c omply .with all c ond itions stated herein, and v`rzth all iel ate d statutes and
other., regulatory measures, shad be deemed cause to revoke or modify this Order.
25 . This Order does not grant any property rights or any exclusive privileges; it dies not
authorize any injury to private property or invasion of property xights. However, the
NACC, agent of the NACC or the Department of Enviroril-nental Protection (DEP)
resery es the right to enter and i nspect the prop erty at all reas onable time s until a
Certificate of Compliancy 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, measuzernents, photographs,
observations, c'lI7CI' 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 con-ip y and has so notified the applicant in wrifiing.
26. This Order does not relieve the permittee or any other person of the necessity of
46
Complying with all other applicable federal, state or 10cal statutes, ordinances, by-laws
or regulations,
27. The work authorized hereunder shall be completed within fluee years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
peri ods of up to one year each upon application to the issuing authority at feast thi�
days .(30) r to the expiration date of the Order (Refer to Sectioii 8. 3 of MeNortliA)idover
Wetland Regi.datiom) ..
29. The NACC reserves the right to amend this Order of Conditions after a legally
adver tised p ubl ic hearing if plans or circ umstances are changed or if new conditions
or ii-dormation. so warrant..
30. WI-iere. the Department of Envirom-nental 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 Depart-nient.
1252 & 1274 Osgood Street (FICA 1210 Osgood Street)
DEP #242- 1692 - TO Amendment Order ofConditians
-Page 14 of 36
1252 & 1274 Osgood Street (fka 12 10 Osgood Street) DEP FILE # 242 -- 1692 2n' Amendment
31 . Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10,53 (e) .,
32. The following wetland resource area is affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). This resource area is significant to the interests
of the Act and Town Bylaw as noted above and (herein, The applicant has not
attempted to overcome the presun-iption of significance of these resource areas to the
identified interests..
33 . The NACC agrees with the applican-Cs delineation of the wetland resource areas on
the site as shown on the plans dated and referenced herein per the Order of Resource
Area Delineation issued under DEP File #242-1686 on August 11, 2016.
34 . This Order of Conditionsis issued in addition to that issued under DEP Fide #242-
1037. A Certificate of Compliance was issued on August 9, 2006.
35 , The NACC finds that -the intensive use of the upland areas and buffer zone proposed
an 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-
P ist-urbance Zone and a fifty foot (50") No-Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the plans referenced
here in, The Conservation Administrator and/ or other agents of the NACC coo not
have the authority to waive these setbacks as established under the local bylaw, No
disturbance of existing grade, soils of vegetation is permitted in the No-Disturbance
zone. {See Section 3 .4 & Appeiidix F of tlie local Regtilatioiis) , Further, because RCA and
other materials were used as general dill on the entirety of the property, any
anticipated non-landscape related excavation on site or redevelopment of the site,
regardless of whether the proposed 1CfIV1ty is within the ZOO-foot buffer zone to
wetland systems, the proponent sha11, with notice to the Conservation Administrator,
first preform sufficient sods exploration to evaluate the constituents of the underlying
substrate for the presence of RCA or other deleterious material and findings shall be
reported to the Conservation Coinmission. Any material fauna that is not deemed as
unrestricted for residential use shall be removed and shall not be reused on site, but
taken off site to an appropriate off-site facility . Permitting with the Conservation
Commission for proposed excavation to accomplish a project or redevelopment of the
site shall be required. See Condition 100 that makes this requirement survive beyond
any COC,
36. The applicant` s Buffer Zone Restoration Proposal as shown on amended Sheet 30 of 30
(fornierly Sheep 6 of 31) is acceptable to the NACC. The area will be planted in
accordance with the Proposed Buffer Zone Restoration Plantings table and Planting
Notes shown on Sheet 30 of 30-. Plantings will be monitored fall and spying for two
1252 & 1 274 Osgood Street (FKA 1210 Osgood Street)
DEP 9242- 1 G92 - 2nd AmS11dI71ellt Order of Conditions
Page 15 of 3G
12 5 2 & 12 74 Osgood Street (flca 1210 a sgood S treet) DEP FILE # 242 -- 1692 2"d An-lendment
years with a monitoring report, including photographs, submitted to the NACC by
November 1 and June 1 of each year. Plat-its that die or are not fl-wiving cruising the
znoni�oz�ing �aeriocl shall be replaced. Invasive species colonization must be
documented and controlled within the restoration areas.
37, This document shall be includedin 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, suUcanta.,actors,
and other personnel performing the permitting work are fully aware of the permit's
Perms and conditions. Thereafter, the conh�actox will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions ,
38, The owners of the Project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure,
By acceptance of this order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions dogs 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.
............. .. ............. ................
FEPBRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Under
have elapsed or, if such an appeal has been filer[, until all proceedings before the
Department or Court have been competed.
40 . This Order s11a11 be recorded by the applicant at the Registry of Deeds irnmed iately
after the expiration of a11 appeal periods , No work shill be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Course for the distri ct in
which the lend is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shad also be noted in the Registry's Grantor Ind'ex
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 word is to be
done. The recording ifif ormation 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 appficant before work
conu-nences may be recorded by the NACC at the applicant's expense,
41. A sign. shall be displayed at flie site not less than two square feet or n-Lore than three
square feed in size bearing the words "Massachusetts DEP, File Number 242-1692.'-'
1252 & 1274 Osgood Street (FICA 121 0 Osgood Street)
DEP 9242- 1692 - 2nd Amendment 4l•dei• of Conditions
Page 16 of3G
1252 & 1274 Osgood Street (fka 12 10 Osgood Street) DEP FILE # 242 -- 1692 2nd Amendment
42. Any changes in the submitted plans caused by the applicant, another Board' s decision
or reS[.11tI1'ig 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 o1 infortmation submitted by the
applicant shall be considered as changes. No wozl< shall begin an a project untr1
written approval has been granted by tl-ie NACU,
43. Itis the responsibility of the applicant, owner, and/ or successor(s) to ensure that all
conciifions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided wzfih a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work coxYmiencing on-site, 'the applicant shall meet with the site
contractor, a sub-committee of the NACC, the NACCs stormwater peer consultant (at
the applicanf's expense) and the project engineer/ wetland scientist to discuss the
consfl4ucfion sequence/phasing. In addifion to updating the Draft Stormwater .
Pollution Prevention Phan and Construction Sequencing Plan, the applicant shall
address when the permanent x,esidential and coirunerciaI underground starmwater
managetuenfi system BMPs go on-fine relative to the installation of pavement and
builfflng foundations, catch basions and related piping. Subsequently, the applicant
shall submit to the NACU for approval, a detailed and dated sequence of construction,
inducting the installation of sedimentation/ ezosYon control devices., construction of
0
temporary sedimentation basins and swales, retaining wall construction, drainage
installation, building construction, mitigation plantings and all other work plam-ted
through final stabilization. Any cl-ianges to the approved sequencing plan shad be
approved by the NACC of its designated agent.
45. At least 30 days prior to fl-Le stark of land disturbing activities, the Applicants shall
provide to the NACC or its designated Agent for review and con-Linent a copy of its
Stormwater Pollution Prevention Phan (SW-PPP) prepared i n c onsultation with the
Applicants' site contractor(s) and project engi neers , The SVVPP:P shah be prepared in
accordance with the U.S Envirmunental Protection Agency's Storrnwater Construction
General Permit (USEPA, 2012) and related guidance document entitled "Developing
Your Stori-nwater Pollution Prevention Plans, A Guide for Construction Ope' rators" .
The SWIPPP shall build upon the Draft Stormwater Pollution Prevention Plan and
C onstruction Sequencing Plan referenced herein and the approved sequence of
construction referenced in Condition #44 above ,,
46. Wetland flagging shall be checked prior to scarf of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
IZS Z cYL 1274 Osgood Street (FKA 12 10 Osgood Street)
DEP 4242-1 G92 - 2"d Amendment Order- of Conditials
Page 17 of 36
1252 & 1274 Osgood Street {flea 1210 Osgood, Street} DEP FILE # 242 1692 2111 Amendment
per the approved plan(s) d-woughout the fife of the project and until a Certificate of
Coi-npliance is issued so that erosion control measures can be properly placed and
wetland impacts can be �na��.ito��ed. The proposed lit-nit of work 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 shill be
maintained until all construction is complete, Workers sbould be irtformed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this dine at any time.
47. Prior to construction and as part of the SW`PP`P i7eferenced in Condition #45 above, the
Applicant(s) shall submit a f inal revised set of site plans, for approval by the
Conservation Department, depicting sedimentation & erosion control barriers along
the approved Ifinit of work ling that incorporates trenched wire backed siltation fence
and staked haybales or trenched wire backed siltation fence and 18-inch diameter
staked compost filter socks (bi o degradable, no plastic netting with the exception of
Filtrexx Soxx) ,, Straw wattles are prohibited as a primary perimeter erosion control
device, Moreover, the referenced site plans shall be updated to depict these erosion
control barriers in a continuous line along the entire hi-nit of work beginning at the
property line at the sough/ southeast corner of the site near wetland series #1 (wetland
flags 1-1 through 1-12) to the property dine at the northeast corner of the site ,
48. Prior to the start of construction, approved erasion controls shall be installecl between
all construction areas and wetlands. The erosion control barriers will be survey staked
and properly ins talled and pl aced as shown o n the plans .approve d and referenced
herein and shall beinspected and approved by the NACC or its agent prior to the start
of construction and s11a11 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 implernented at the
direction of the NACC or its agent, The NACC reserves the right to Impose additional
canditi ons an portions of this project to mitigate any fi-ripacts which. could result from
site erosion, or any noticeable degradation. of surface water quality discharging fron-i
the site. For, exaxnple, 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 ii-Istalled within 48 11auxs of the
Coiyanissioi-Cs request.
49. The applicant shall have an Land at the start of any soil disturbance, removal or
stockpilz ng, a mini ix-itinn of 54 hay bales and sufficient stakes for shaking these bales,
150 feet of silt fence; and an adequate supply of emergency erosion controls including
crushed stone, silk sacks, flock blocks, jute mattiong and any other erosion controls that
may be required as past of the Stormwater Management Report and Stori-riwater
Pollutiort Prevention Plan (SWPPP), and the herein referenced plans. Said supplies
1252 & 1274 Osgood Street (FICA 1 2 1 D Osgood Street)
DEP 4242- 1692 - 2s'a Amendnnent Ordea, of Conditions .
Pa e 18 of 36
E
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DEP FILE # 242 -- 1692 211d Amendment
shall be used only for the control of emergency erosion problems and shall not be used
for the normal control of erosion,
50. A check payable to the Town. of North Andover shall be provided in the amount of
$30,.000 which sIZa11 be, in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shill be posted. with the North Andover Town Treasurer thtmough
the NACC before con-u-nencement of vvozk . Said deposit of many shad 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 pr0ject, provide. that provisions., satisfactory to the NACC, have
been made for perf ormance of and conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the pr01 ed for the NACC's �e��ew and a��ro�al. This condi��on is issue.
under, the authozliy of the local Bylaw, This original paid $30,000 bond PLUS the
$15,000 added cash bond per Condition 56 1aelow results in a total of $45,000 cash
bond. The total. $45,000 cash bond is based on LRT's estimate of yearly operati on and
maintenance of the Groundwater Treatn-ient System, adjusted for CPS for one year and
rounded to the nearest $5,000 as voted by the NACC.
51 . The applicant shah designate a Weiland Scientist (or other enviromuental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor"" to oversee
and emergency placement of controls and regular inspection or replacement of
sedfinentation control devices, The name and phone nurnUei 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 per iod, i ncluding
weel<ends. Proof of the retained monitor mush be submitted to the Conservation
Departi-nent on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes . The Environmental
Professional. will imi-nediately notify the Conservation agent of any matter that
requires attention by the Coliu-nission or the agent. The erosion contxol monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste prodticts . Cleaning shall include removal of any entrapped silt.
52. At least once curing each week in which construction activities occur., on--site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
repot with photos from the "Erasion Control Monitor" to the NACC certifying that,
to the Vest of his/ hey knowledge and belief vaned 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 contxol monitor mush visually inspect. SIX
sedimentation/ erosion control measures and assume respoiiszUili.ty .for their
maintenance on a weekly basis and that they a're functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, hirbidity, and/ or
other wader quality impacts, The Erosion Control Monitor shad be on site during
1252 & 1274 Osgood Sh-eet (FICA 12 10 Osgood Street)
DEP #242- 1692 - 21'd Amendment Order of Conditiotis
TaLe,. 19 of 36
1252 & 1274 Osgood Street (flea 12 10 Osgood Street) DEP FILE # 242 1692 Z' Amendment
and/ or following a major stoxxn event of 1/2" inch of rein or greater (24 hour event) to
ensure that soils remain stable, Inc erosion coxihols are adequate and secure,
53 . Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" on all delineated wetlands with sig ns or markers spaced evenly
every 35 feet incorporating the followhig text: "Protected Wetland Resource Area"
and the associated rules (1 square .for every 3 round markers). This will designate
their sensitivity and assure no further inadvertent encxoaclunent info the wetland.
These permanent itiarkers are subject to review and approval by the NACC. The
applicant shall instruct all agents to explain these markers to
buyers/ lessees/ landscapers and all persons taking over the property from the
applicant. These markers shall remain pasted and be replaced as necessary in
perpetuity. Markers may be obtained at the Conservation Department ($2 round/ $3
square) .
54. The applicant and/ or the legal owner of that portion of land upon which these Orders
of Cmiditions have been place. 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 "Colnpliance Cerfification Form Affidavit" attached via "Appendix
A» signed under the pai��s 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 Departi-nent at least fire (5) business days prior
to the closing of said land transaction..
55, Once these above mentioned pre-construction requirements are con-tplete, the
applicant shall contact the Conservation Office prior to site preparation or
CU11St1t1Ct10n r'111d S11c'Ill arrange an an--site conference with a NACC representative, the
_ contractor, the erosion control monitor, project engineer 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 dealin' g witti the work
proposed and shall supersede any conflicting contract requirements. The applicant
shad assure That all contractors, subcontractors and other persora-iel performing the
perjydtted work are dully aware of the permif s terms and conditions . Thereafter, the
contractor will be held jointly liable for any violati on of this Order of Conditions
resulting from f ailure to comply with its conditions. The applicant or contractor s11a11
nofify the NACCin writing of the identity of the on-side construction supervisor 11ired
to coordinate construction and to ensure compliance with this Order,, A reasonable
peri od of time shall be provided as notice of the pre-construction meeting (e . g. 72
hours) ,
...........
GROL3NDWATER TREATEMENT SYSTEM CONDITIONS
............
1252 & 1274 Osgood Street (FICA 1210 Osgood Street) _
DEP #242- 1692 - 211a Amendment Order of Conditions
_page 20 of 36
12 5 2 & 12 74 Osgood Street (fk a 1210 Osgood S treet) DEP FILE # 242 -- 1 G 9 2 21" Amend ment
56. In order to ensure the proper maintenance and function of the Groundwater
Treaft-nent System (System), in accordance wit1i the LRT O&M, and conditions below
until the System achieves permanent Shut-Down Criteria as defined below, upon the
recording of this 21id Amended Order of Conditions at the Registry of Deeds, the
Owner shall allow the $30,000 payable (paid) under Condition #50 to ensure tl-[e
coinplefion of the Project to continue to be held by North Andover Town Treasurer., as
well as an additional payment of $15,000 for a the combined total of $45,000 cash bond
on LRT's estimate of yearly operation end n�ainterza�Zce of the Groundwaterbased
Treatment Syst��x�., ad�us�ed .for CPS for fln� yeas and rounded to the nearest $5,000 as
voted by the NACC. This $45,000 cash bond is to be held pursuant to and in
accordance with the terms of the Escrow Release Procedure (as revised by this 2nd
Amended Order of Conditions) attached hereto at Appendix "A" and incorporated
herein by re£erence . This cumulative cash surety shall continue to be held by the
North Andover Town Treasurer regardless of the CommissioWs issuance of a
Certificate. When the System achieves shin-down criteria as set forth below and a
Certificate of Compliance is issued, the cash surety or any remaining portion of the
same will be returned to the Owner.
57. In addition to the cash surety as required in Special. Condition #56 above, the Owner
shall cause the Bank of America to issue a Letter of Credit in the amount of $300,000 to
the Town of North Andover as additional :Performance Surety, to be held by the North
Andover Treasurer pursuant to the terms of the Escrow Release Procedure to provide
for ttie bong term operation of the System pursuant to the System LRT 0 & M Schedule
untiil the System has achieved shut-down criteria as def ined herein. Which
Performance Surety Letter of Credit shall be in the forrn satisfactory to the Town of
North Andover, the NACC and the Owner within 'sixty (60) days of the approval of
this 211d Amended Order of Conditions to be held by the Nortl-L Andover, Treasurer
pursuant to the Escrow Release Procedure. Wl-ien the System achieves shut-down
criteria as set forth below, the Letter of Credit shah be deemed dull and void and
returned to the Owner .
58. 1im-nediately upon recordation of this 21id Al-nended Order of Conditions, the Owner
shall submit a check in the amount of $10,000 payable to the Towri of North Andover,
for placement in a 53G escrow account to fund the NACC' s 3rd
party peer review
consultant GEC for their continued services for the fife of the treatment system
operation. Upon the request of tfie Conservation Conm-ni* ssion, additional funds in
$5,00 0 increi-nents shall b e supplie d a s necessary should the i n iti al deposit be
exhausted.
59. Coincident with recordation of this 21id Amended Order of Conditions, the Affidavit of
Acknowledgement of Obligation (Appendix "B" attached hereto") shall be recorded
and recording information forwarded to the Cons ervation Department up on
. avar1�bility,
1252 & 1274 Osgood Street (FICA 1210 Osgood Street)
DEP #242- 1692 - 2"d Amendment Order of Canditi0118
Pa e 21 of 36
1252 & 1274 Osgood Street (flea 1210 Osgood Street) DEP FILE # 242 — 1692 2"d Amendment
..........
ONGOING
O &M of GROUNDWATER TREATEMENT SYSTEM CONDITIONS
........ ...... .......
60. The Owners of the mixed-use development shall continue to operate the System as
designed by LRT pursuant to their Wafer Treatment System and Interceptor Trench
f lan set dated Match 16, 2020 in the maiuier set forth herein and in the Groundwater
Treatment System Operatioii & Maintenance attached hereto, until the Shut-Down
Criteria outlined below are achieved as verified by the NACC and its Peer Review
Consultant. The contracts of the contra:ctors for these services as described Yn 'the
Escrow Release Agreement shall be assigned to the North Andover Conservation
Commission.
61 , Duringits operation of the Groundwater Treatment Sy' stem, the Owner of the Site
shall monrtor and supply reports regarding flaw rakes, PH end perform field
observations of the wetlands per the conditions below. Reports shall be provided at
feast once per month or of a frequency approved by the Town.
62 , During its operation of the Groundwater Treatment System, the operators of the same
on behalf of the Owner, shall maintain the system in accordance with the April 15,
2020 Operations and Maintenance Plan and signed Proposal for Wafer Treatment
System Operation & Maintenance dated May 20, 2020 prepared by LIST (collectively
LRT O&M) attached hereto and as described below,
63 . The owner shall adhere to the reporting requirements as outlined and clarified in the
LRT O&M plan and as set Forth below. Reporting of any scheduled or unscheduled
shut downs, system/ trench/ sump failures shall be dons fitnely in c oan.phance with
same.
64 . The owner of the site, or their monitoring engineer, EcoTec, Inc ., shall monitor the
plantings in the late summer., and again in early autuirin f ox' the e ondit ion of the
vegetation, any necessary supplennental plantings necessary and the eliminat ion of
invasive species of vegetation as set forth in the EcoTec June 12, 2019 Remediation
Report, This monitoring shall continue until such time that the Treaft-nent System has
been shut down.
65. The existing well points may require re-activation and as such shall be maintained in
_ their current locations and in operable condition. The existing monftoriilg wells
installed throughout the site, as park of the February 2020 groundwater testing, shall
also be maintained in operable condition.
1252 & 1274 Osgoad Sheet (FKA 12I0 Osgood Sheet}
DEP #242- 1692 - 2',a At11eIldlalEtlt Order Of Ct}11ditIa115
Page 22 of 36
i
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DAP TILE # 242 — 1692 21,dAmendnient
66 , The subsurface French drain capture system at the corner of Building B foundation
shall be monitored for seeps or any other malfunction. Find I' ll9 S of these inspections
shall be forwarded to the Conservation'
Departmertt n-Lonthly.
67, Eco-Tec s mont111y site assessment sI1a11 check the site for seeds fluoughout the site
and wetland impacts 5hc'1l1 CoI1ti11uL U11t1l SL1C11 ffi-ne the NACC and 1.t5 3rd party peer
review consultant are satisfied that said seep/ impacts are no longer possible threat, as
set forth below.
68 . Quarterly monitoring for seeds shall continue for a period of 2 years posh system shut
down as set for below. Results of these rnonitoring events shall be submitted to the
Conservation Department upon filu'l-lediate availability .
69 . During the operation of the Groundwater treatment System, the Owner shall contract
with a professional to install and implement upgrades to the System including the
installation of a float-based device to defect when the Systemis not operating that
triggers a cell phone alert to LRT, a pH probein the influent tai* and a remote
conuzectian of the Larne to the System"s monitoring board to provide daily pH .
readings, and the replacement of the current acid storage tank with. a 360 gallon acid
storage tanl< (double walled) as described in LRT's April 6, 2023 Proposal for
Interceptor Trench and Water Treatment System Upgrades. Said hi-iprovements shall
be, iniplernented wifhin 12D days of the date of issual-ice of this 2nd Amended Order of
Conditions. Existing system cornponenfs shall operate and remainin place uxlfiil such
time that said improvements are installed.
70. Security of the existing interceptor trench sumps shall be maintained until such time
that the system his been decoim-nissioned and sums are no longer accessible .
................ I I....11...
GROUNDWATER TREATMENT SYSTEM OPERATION & MAINTENANCE
SCHEDULE AND SHUTDOWN EVALUATION CRTIERIA "Note: The O &M
Scheduled and Shutdown Evaluation Criteria has been adopted from Sanborn Head's
draft and further modified by the NACC and incorporated herein as required conditions
1 #71f #72 & #73 below of this 2nd Amended Order of Conditions,
71 . Groundwater Treatment System Monitoring Schedule: The proposed ntonitoring of
the Groundwater Treatment SysteiyO (the Treatment Systen-i) by the Owner or trained
staff of the Property Management agent includes three components2:
1 . Treatttieiil Systetii -- Monitor and record pH at the influent tard< of the Treatment
System on 2l daily basis during normal business hours. Flow rate will a15D be
I The Gratindwater Treahnent,Sys teitt utcludes Elte coR2ctinn, treahnent, and discharge components of the system.
2 See Sanborn Head's Revised Mon.i tor ing Plan for Wetland Impacts dated August 7, 2019 for. the Objectives and Long Term Shafegy for tiis
Future Monitoring Schedule.
I252 & 1274 Osgood Street (F K A 12 10 Osgood Street)
DrP 9242- 1692 - 2"d AI11811d1llB1]t dl•dex• ofCanditions
Page 23 af3G
i
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DAP FILE # 242 -- 1692 2',d Amendillent
measured using a totalizing flow meter and recorded daily. Equipment will be
calibrated by the operator in accordance with manufacturer's 1n5t1'U.Ct1QIls , The
measurements will be reported montbly to the NACC. If faiture of the Treatment
System occurs, the Owner will notify Loct,-wood Remediation Technologies LLC
("LRT") or other designated Treatment System specialist retained by the Owner.
The owner will also notify the North Andover Conservation Cornmission as
required by Table 1 in Section 3 - Triggering Events.,
2. Rotitine Wetlaiid Stiiface Water Qttality Rizd Vegetation Coiiditioii Assesstiieiil -- Once per
month, pH will be monitored and recorded as follows :
• Monitor pH at tfie four surface water, pH monitoring locations (SW-1 through
SW-4) shown on the attached Surface Water Sampling Ilan.
Perform and record field observations for visible calcite formations in surface
water chamzels in the wetlands, and perform an assessment of wetland
vegetation condition
• Provide a summary report monthly to the NACC.
Monitoring equipment will be calibrated by the operator in accordance with
manufacturer's instructions . Monitoring W11l be increased during the aS5e55111C21t of
Treatment System Effectiveness described z n Item 3 below or more frequently if
needed eased on field oUsexvations. This work will be cox-npleted by EcoTec, Inc.
under the direction of Paul McManus, PWS and reported monthly to the NACC,
3 . TreaMietit Systent Effectiveiiess Testing - The Treatment System will be intentionally
s11ut down during various conditions including dry conditions or met conditions
(defined below) at the discretion of the Owner to evaluate how the Treatment System
affects the potential for migrafion of impacted wader to wetland areas. These will be
temporary shutdowns of the Treatinent System only for testing purposes, The
pumps in the collection trench will be shut off during the testing period but the
Treatment System will continue to process wader already within the treatment
system during the temporary shutdowns. The Treati-nent System will be turned back
on if water with pH at 8.3 or higheris measured flowing from the Treati-nent System
collection trench, ther'e is visible evidence of new calcite accumulation, or other
visible environmental finpacts to Jurisdictional areas, or if elevated pH conditions
are measured in surface water within wetlands, The Nortl-i Andover Conservation
Commission sI1aII be notified of all temporary shin evens per the requirements of
Table 1 .
a} Dry Conditions are defined as no rain for 48 or more hours, TI-Le pH of water in
each of the four (4) sumps of the collection trench will be measured at least every
4-hours during from the start to completion of the temporary shutdown.
1252 & 1274 Osgood Street (FlKA 12 10 Osgood Street) .
DEI' #242- 1692 - TA An1e11dn1elZt Order of Conditions
Page 24 af3G
I
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DAP FILE # 242 -- 1692 2nd Amendment
U} Viler Conditions are defined as a gain event of at least 1/2-znch in a 24-hotir period.
The pH of water in each of the 4 surrtp s of tfie collecti on trench will be rneasure d
at least every 4 11ours from the stark to completion of the temporary shutdown.
c} The NACC Conservation Agent will be notified by the owner or ids agent of the
temporary shutdown of the Treatment system in accordance with Table 1 , This
notification should include the rationale for and duration of the testing event.
d} Notification will be made to the NACC Conservation Agent by the Owner within
4
2 hours of the owner receiving irdori-nation that a plam-Led temporary shutdown
of the Treatment System for testing purposes has resulted in new acctxYnulatiox'is
of v isiUle calcite or visible environmental impacts to jurisdictional areas. If
impacts are observed, the Treatment System will be turned back on in-m-Lediately.
As the above information is obtained, LRT will review the data to determine if the
Treatment System is operating as intended , Detailed reports including data and an and
carrunent on the objectives of fl-Le monitoring program i.e ., operation of Rain Stores,
estimated t1ine to shut down, and x ecoixunended shut down. of the Treatment System),
will be submitted to the NACC by LRT within two weeks of completion of a sllutdown
test.
72 . Water Treatment System Permanent Shin Dawn Criteria: The Owner or LIST shall be
perinitted to pern-tanently shut down. the Treatment System when each of the f ollowing
five (5) criteria are satisfzed. Wtien the monitoring indi cates these criteria have been
satisfied, then migration of impacted wafer , to the wetland will be considered
substantially effininated and water quality will be considered acceptable to flow to the
Resource Areas.
L Pre-Shutdown Data Evaluation : Monthly assessments shall include calculation of the
Standard Deviation of all pH values measured during the previous twelve months.
Shutdown of the Treatment System may be considered when 12 continuous months
of pH data indicate:
a.. Average value of 8. 3 SU or Tower.
b . The 95 % confidence interval are between 6. 5SU to 9 S.U .Q.
I Treatment Systein Shut Dowtv Water Quality is considered acceptable when the
average of pH measurements is 8.3 SU or less with no individual readings below 6 .5
or above 9 SU3 at the influent tank, of the treatment system based on readings at
least every 6 hour's for 30 consecutive days. This monitoring shall be performed
during through at least one dry condition period and wed condition period defined
as ;
a, Dry Conditions are defined as no rain for 48 or more hours,
b , Wet Conditions are defined as a rain event of at least 1/2- inch in a 24-hour
period.
3 United States Environmental Protection Agency water quality criteria for pH in freshwater = 6.5 t0 9
I252 R. 1274 Osgood Street (FKA. 1210 Osgood Street)
DEP #242- I692 - 2"d Amendment ax•ciei• afCanditioYis
-Page 25 af3G
1. 2 5 2 & 12 74 Osgood St reet (fl<a 1210 Osgood Street) DEP F ILE # 242 — I6 92 21111 A mend ment
3 , Surface Water Monitoritig: Water quality is considered acceptable when the p H
measurements in surface water in the wetlands at locations SW- 1 through SW-4 are
of 8.3 SU or less. Water Quality in the wetlands will be evaluated over 60 consecutive
days with the dewatering collection system turned off. Monitoring shall consist of a
minimum of one water quality testing event per calendar weelc. This evaluation
shall include besting during at feast two dry condition periods and two wet condition
periods defined as :
a, Dry Conditions are defined as no rain for 48 or more hour.
b, Wet Conditions are defined as a rain event of at least 1/2-inch in a 24-hour
period. ,
4. Wetland Assessment for Calcite Formation and Vegetation Water qualify is
considered acceptable when wetland assessment by Ecotec indicates that (1)
previously observed calcite impacts have diminished to substantially pre-release
conditions, and (2) the wetland assessment confirms no adverse impacts to wetland
vegetation and no new calcite accumulation over a period of dD consecutive days'
with the dewatering collection system turned off. Monitoring shall consist of a
minimum of one wetland assessment event per calendar weep coincident with the
Item 3, Surface Water Monitoring.
5. Groundwater Seepage ,Monitoring -- The presence of groundwater seepage .
daylighting as surface water in the wetlands was a naturally occurring process prior
to the start of construction. That is why the wetlands are able to support wetland
vegetation in spike of the moderately sloping topography, As such, when .the
temporary dewatering system is shut down, it is fully expected that groundwater
seeps will be re-established in the wetlands during the early part of the growing
season. In order to evaluate if groundwater seeps have achieved the Water Qualify
goals for the project, the pH of water in each sump of the collection trench will be
measured at least every 4 hours over a perio-d of 60 consecutive days with the
dewatering collection system burned off. Water quality is considered acceptable
when the average of pH measurements is 8.3 SU or less with no individual reading
below 6.5 or above 9 SU2at each sump based on readings at least every 4 hours for
60 consecutive days.
6. Completion Reportfor Remediation of North Impoundment - A Completion Report
w ill be submitted to the NACC by EcoTec that documents the previously proposed
and accepted procedures for r emediation of the non-jurisdictional north
impoundment ("North Impoundment") described in the EcoTec letter dated June 12,
2019 (pumping of water to the treatment system followed by confii-Imatory
measurements of pH in surface water in the impoundment) . The work shall be
deemed complete when pH measurements at sampling location SW-4 indicate the
average pH is less than 8 . 3 SU over a period of 60 consecutive days, with the
dewatering collection system turned off. Monitoring shah consist of a minimum of
one water quality testing event per calendar weep. This monitoring can be
coincident with Item 3. Surface Water Monitoring. This evaluation shall include
testing during at least two dry condition periods and two wet condition periods
defined as ;
a. Dry Conditions are defined as no rain for 48 or more hours.
b, Wei Conditions are defined as a rain event of at leash 1/2-inch in a 24-hour
1252 & 1274 Osgood Street (FKA 12 10 Osgood Sheet)
DEP #242- 1692 - 2"d A111et1dIllellt Order of Conditions .
Page 26 of 36
'
1252 & 1274 Osgood Street (flea 1210 Osgood Street) DAP FILE # 242 -- 1692 2nd Amendment
period
7, Pos t- Wa ter Tre a tn?et? t Syste m Sh u t D o wn Mon 1 to ring - The tre atm e nt syste m tre n ch,
wetland and SW monitoring locations shall be monitored an a quarterly basis for 2
years post permanent shutdown to inspect for any seeps, calcite formation,
. vegetation impacts by EcoTec. EcoTec's observations and findings shall be
submitted in reports shall be submitted within 5 days of monitoring events. If seeps,
calcite or impacts to vegetation are abseraed, said observations shall be reported to
the Owner and -NACC within 24 ' hours as required by Table 1. This evaluation shall
include besting during at leash two dry condition periods and two wet condition
periods per year defined as :
a. Dry Conditions are defined as no rain for 48 0r more hours.
b. Wet Conditions are defiled as a rain event of at least �/x-inch in a 24-hour
VL
period
73. Summary of Triggering Events for Notification
Table 1 below provides a suimnary of the triggering events fl-tat requite notification to
tfie NACC Conservation Agent.
Table 1. Events Requiring Notif cation to the North Andover Conservahon Commission
r:� to a Tri ... er'n
... :. :T. ... er .. E��... . ..:. . .. .. . ..... .... .... .. .. t�. �.. .�€ ... .. ... .. .. . . . ... x .. n Vie.... t� . .. .. .: .n. €�t��.. . .. .. ... . �.. _�... . �... ... .:
. ..... �o. ........... ....
s ai vafian end : ' ` �`
. .
. ..... ... . . ....
. ........
. . .... . ..... .. ..
. . .. . .....
.... ............. ............... ............... . .......
Failure of the water treatment Within 24 hvurs.of Tank overflow/failure, 5Li117p overflow/failure,
system Owner receiving trench overflow, other untreated water sources
information that are not being captured by the intei,,ceptor
trench, unexpected system shutdown, data
Ct]IleCtIOil stops, I'eIl7OtE mtlllltiDl'ITIg down, L'tiC.
Failure of water treatment VIIIthlil 2 hours of Tank overflow into jurisdictional areas, sump
system causing Owner receiving overflow/failure resulting in untreated water
envirQnmental impacts to information d15ChaI'g117g tf3 )tll•isdicdanal areas, trench
Jurisdictional areas overflow resulting in untreated water
discharging to jurkisdictianal areas, other
untreated water sources that are not being
caphii-ted by the interceptor trench and
discharging to jurisdictional areas, visibly
impacts in jurisdictional areas, pH >9 measured
in 3Lli'faCe water lOCatlOIlS, etC.
Temporary shutdown of Notify Agent at least Not applicable.
ciewatez•ing collection system 48 hours prior to the
for besting purposes start of a temporary
5htitd[}Wn event .
1252 & 1274 Osgood street (FICA 1210 Osgood street)
DEP #242-1692 - 2°a Anicndinent Order Of COndItI6215
Page 27 0f 36
1252 & 1274 Osgood Street (fka 12 10 Osgood Sft-eet) DAP FILE # 242 --- 1692 2111 Amendment
Temporary sllutdown of Within 2 hours of Not applicable.
dewatet ing collection system Owner receiving
results in new accumulations information
of visible calcite, or 'visible
eT1V1I'DI7illelltial lli7paCt5 to '
jurisdictional areas.,
STORMWATER MANAGEMENT CONDITIQNS
74. The developer of the commercial area shall continue to operate ff-te Erosion' Control
system on the conunercYal area of the site until that porti on of the site is paved and
fully developed and erosion corLtrol is being sufficiently handled by the side's
storinwater management system as determined by the North Andover Conservation
Conu-nissions' Administrator.
75. All construction and post--construction stoz;n-iwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
pant of the public hearing process, the Departinent of Environi-nental Protection
Storinwater Management Policy and as approved by the NACC in this Order of
Conditions.
76, There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alder fine post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically appr oared in writing by the
colurnissiono
77. Erosion control measures shall be implemented and maintained in accordance with
the Storn-iwater Report and. Long; Term Storn-iwater Operations and Maintenance Plan
(O&M) referenced herein or as required in thus order.
78. Water quality in dawn gradient BVWs 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 piepes or surface runoff
leaping the side.
79. All new catch liasins shall contain oil/ grease traps., and it shall be a continuing
condition of this order, even after a Certif icate of Compliance is issued., that the
aiI/ grease trays in the catch basins be z�.�.azn�ained , All catch basins shad be fr ee of all
accumulated silt and debris before a Certificate of Compliance is issued and the owner,
or his/ her agent shall so sp ecify in the request for Compliance.
1252 & 1 274 Osgood Sheet (FKA l 21 Q Osgood Street)
DEP #242- 1692 - 2nd AII1e11d13]ellt OIYIPI' of Conditions
Page 28 of 36 ,.,._.
1252 & 1274 Osgood Street (flea1210 Osgood Street) DEP FILE # 242 — 1692 2nd Amendment
80 , Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaizing all storinwater structures, in accordance with the approved -
O&M attached herein and the associated stormwater management conditions
mandated herein.
81 , The Owners shall provide the NACC with a copy of a 5-year maintenance
contract/ ag�.•eement entered into with the c erti�ie rl �nai nte��.ance confii�ac�o�s. The
maintenance contract and the qualiffi cations / credentials of the certified maintenance
contractor shall be prov id to the NACC for its files prior to putting the stormwate:r
managernent system on--line. This special condition, including ongoing renewals of
the maintenance contract by qualifier persomiel, shall survive the issuance of a
Certificate of Compliance (COC) for the project. Upon request, the Applicant shall
provide the Commission witti codes of subsequent renewals of the maintenance
contract following the initial 5--year period referenced herein,
82. No later than December 15 0f any given year , the Applicants shall provide the NACC
or its designated Agent with a written report and photo-do c umentation confirming
that the sfaYsmwater manageinez1t system is being maintained as per the amended
O&M referenced herein, If required by the NACC, the Owners and the Owners'
stormwater management contractor shall appear before the NACC at a public meeting
to present the resul ts of i ts inspe c ti on and maintenance program and to answer any
questions the NACC may have regarding the overall function of the stormwater
inanagenienfi system, This special condition shall survive the issuance of a HOC for
the project..
83. The applicants, owners, and their successors and assignees, shall maintain, I'll
perpetuity all s�vaies, Moreteilt�an areas., outlet structures, subsurface storage areas,
and other elements of the drainage system, in order to avoid blockages and siltati on
which might cause failure of the system and/ or detril-nentall" nipacts to on-site or off-
site resource areas, and shall maintain the integrity of vegetative cover on the site ,
1
DURING CONSTRUCTI aN
.............. 7t
84:, Upon beghu-iing work, the applicant shah 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 etivironrnentai
monitoring report (see condition #52) .
85. The Applicant(s) shall provide the Commission or its designated Agent an as-built
plan signed and stamped by a Licensed Professional Land Surveyor and Civil
125 2 & 1274 Osgood Sheet (FICA 12 10 Osgood Street)
DEP #242- 1692 - 2"d Amendinent Order of Conditions
Pa e 29 of 36
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DEP FILE # 242 — 1692 2"' Amendment
Engineer of the Coliu-nonwealth depicting the locations of the retaining walls and
outlet structures located in dose proximity to the 50 food No-Build Zone including the
segment of Wall R2 1ocatied behind Building D; the segment of Nall R1 located behind
Bui I ding E's the segment of Wall R2 locate d adj acent to the parking lot li etween
Buildings D and E; and the segment of wail R5 located behind the proposed
swiaruYling pool and clubhouse; outlet to DMH 60 (formerly 24A) . The as-built plan(s)
shall indicate the distance of the wall(s)/ outlets from the nearest wetland flag(s) . The
as-built plan(s) sI1a11 be provided to the Coininission or its designated Agent for
review after- the first 2 or 3 courses of the referenced walk segment(s) are 'installed and
prior to initiating Phase 2 work, as described in the Draft Construction Sequencing
Plan provided with the NDI and as may be revised in the SWPPP. In addition
irnmediately upon completion of building f oundations within the buffer zone, and
prior to further construction activities associated with the site,, the applicant shall
coirtpIefe a plan (per above) which accurately depicts the foundation location and its
proximity to wetland resource areas as approved under this Order of Coriditions,
Said roan shall be submitted to the Co' nservation Administrator for approval. Failure
to comply may result in a stop work order for the site.
86 , During the placement of engineered fill, the project engineer shad inspect and suUYziifi
reports confizi�ning that the engineered slops and fill are built in accordance with the
plans approved and referenced herein, Copies of compaction reports and other related
information shall be provided to the NACC. Stabilized slopes shall be maintained as
designed and constructed by the property owner of record, wliethex 'bzoengineezec ' of
mechanically-stavilizeet,
87, As documented during starrnwater peep review, construction of the drainage system
will require a great dial of precision. As such, the system shall be constructed in strict
accordance with the design and under the supervision of a qualified engineer, Inverts
of all drainage structures will be f ield verified during installation. Any disparities or
circumstances requiring adjustr`nents of the design before or dtiring construction
should be brought to the attention of the NACU or its designees for review and
approval prior to actual construction of the revised design.
88. Dewatering ac t iv ities are not prop osed as p art of the f iling. 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
anise, the applicant shall submit a contingency plan to the Coimnissi on 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,
89 . Temporary stabilized construction. entrances (rninirriuixi 2-3 Y/ stone) s11aI1 be
constructed and maintained as shown on sheets 25 & 26 (formerly sheets 27 & 28) of
1252 & 1274 Osgood Street (FKA 1210 Osgood Street)
DEP 4242- 1692 - 2"a Att1el]dtllellt Order of Conditions
Page 30 of 36
1252 & 1274 Osgood Street (flea 1210 Osgood Street) DEP FILE # 242 --- 1692 TdAniendnlent
the herein referenced plans in-u-nediately upon the start of work , Stone shall be
replaced as necessary to prevent sediment tracking ozLto paved areas.
90. Associated pavement and roadways shall be swept at feast weekly or as directed by
the Erosion Control monitor, the Site Supervisor, Project Manager., or Conservation
staff for as long as the site remains exposed and un-stabilized . If material is tracked
beyond the constiquctior1 ezltrance onto the adjacent roadway, it will be swept up daily.
91 , Any f ill use d in c oimlec tion with phis proj ec t shall be clean fill, containing no trash,
refuse, rubbish or debris., including but not limited �o lumber, bficks, P1aster, 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 in1ported to the site must be accompanied by a certificate of origin
or an analysis certifying cleanliness - whichever is zx-iost applicable as determined by_
the Conservation Conunission or its staff,
92, All exposed soil finish grade surfaces shah be inu-nediately landscaped (native
plantings/ seed i-nixes) and staUilized, or foamed, seeded and mulched, with a layer of
mulch hay or matting (natural fibers only) . All disturbed areas Ynust be graded;
loan-ied and seeded prior to November Ist of each year. Outside of the growing season,
exposed sail finish grace surfaces shall be stabilized with a layer of mulch hay or
matting until climate conditions allow for seeding. During constructian, any area of
exposed soils that will be leftidle for znore than 30 days shall be stabilized with a Layer
of mulch had or other means approved by the NACC,
93 . No re--grading in the buffer zone shall have a slope steeper than 24.1 (horizontal;
vertical) . Slopes of steeper grade shill be rip-rapped to provide peri-nanent
stabilization,.
94. There shall be no stockpiling of soil or other znaterials within fifty (50) feet of any
resource area. Stockpiled materials sI1a11 be maintained within erosion controls and
located 'in areas shown on the sheet 2.5 (formerly sleet 27) of the here in referenced
plans.
95. Washings from concrete trucks, or surplus concrete, s11a11 not be directed to any
drainage system or wetland resource area . If truck washing is to be cone on site an
area shah be designated and approved by tl-Le Conservation Departinent,
96 . Once ordine, all catch basins and any other stormwater inlets on the site or within 100
feet of the project shall be protected by slit sacks to prevent sediment from entering the
drainage systEn-i except as approved in the construct i" on sequence/ SWPPP. Silt sacks
shah be maintained and regularly cleaned of sediments until all areas associated with
1252 & 1274 Osgood Street (FKA 1210 Osgood Sheet)
DEY #242- 1 G)2 - 2'ld AI1lSndi]1e11t Order of Conditions
Page 31 of3G .
1252 & 1274 Osgood Street (flea 1210 Osgood Street) DEP FILE # 242 — 1692 2MAniendment
the work permitted by this order have been permanently stabilized and the NACC or
its agent has formall y-
approved their iemoval.
97. All waste generated by, or associated with, the construction activity shall be contained
within the Iii-nit of work, and away from any wetland resource area . There shall be no
burying of spend construction materials or disposal of waste on the site by any other
means, The applicant shall maintain dumpsters (or ot1-ier suitable means) of tfie site
for the storage and removal of such spent construction materials off--sits. However, no
trash dumpsters will be allowed within 50" of areas subject to protection under the Act
or local Bylaw,
98 , Accepted engineering and construction standards axed procedures shall be followed in
the completion of the pr0ject,
99. 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 tl-Le NACC shall be notified by the
applicant within one (1) business day, . No construction vehicles are to be shored
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,
GENERAL AFTER CONSTRUCTION CONDITIONS
100 . Because RCA and other materials were used as general fill on the entirety of the
property,, any anticipated non-landscap e related excavation on site or redevelopment
of the site, regardless of whether the proposed activity is within. the 100-foot buffer
zone to wetland systems, the proponent shall, with notice to the Conservation
Adminish-Pator, first preform sufficient soils exploration to evaluate the constituents of
ffie underlying substrate for the presence of RCA or other deleterious material and
findings shall be reported to the Conservation Commission. Any material found that
is not deemed as unrestricted for residential use shall be removed and shall not be
reused on site, but taken off site to an appropriate off--sits facility. Permitting with. the
Conservation Cormnission for proposed excavation to accomplish a project or
redevelapz-nent of the site sI1aI1 be required. This condition shall survive in p erpetuity
beyond the issuance of a Certificate of Cornphance.
101 , The interceptor trench system and appurtenant components shall remain in a
operable condition should any unforeseen impacts to wetland resources occur host
treati-nent system shutdown.
102. No later than December 75 of any given year, the Applicants shall provide the
NACC or its designated Agent with a written report and photo-documentation
1252 & 1274 Osgood Street (FKA 1210 Osgood Street)
DEP #242- 1692 - 2"d Amenditlent Order of Conditions
Pa e 32 of 36
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DAP FILE # 242 — 1692 2ndAniendillent
confirming that the sformwater management system is being maintained as per the
amended O&M referenced herein. If required by the NACC, the Owners and the
Owners' stozsn-iwafiez managel-nent contractor shall appear before the NACC at a public
meeting to present the results of its inspection and maintenance program and to
answer any questions the NACC may have regarding the overall function of the
stoimwafer management system. This special condition shad survive the issuance of a
COC for the project,
103 . No underground storage of fuel offs shall be allowed on any lot within one-
hundred (100) feed of any wetland resource area. This condition shall survive this
Order of Conditions and shall run witl-i the title of the property. This condition is
issued . under the aufliorify of the Towr 's Wetland protection Bylaw,
104. Fertilizers utilized for landscaping and lawn care s11aI1 be slow release, low-
nitrogen hypes (< 5 % ) and phosph'orous free, and shall not be used within 25 feed of a
resource az,ea . 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 condi.tian is issued under the authority of the Town- s
Wetland Protection Bylaw and shall remain in perpetuity,
10
105 . No road salt, sodium chloride or othe r de-Icing chemicals shah be used on paved
surfaces within 100 feet of a wetland resource area. This condition is issued under the
authority of flie Town's Wetland Protection Bylaw and s11a11 xemain in perpetuity-,
106. Permanent signs designating "No--Snow Stockpiling and No Salt .Zones" shall be
displayed along paved areas adjacent to wetland resource areas. Nun-Lber and location
of signs will be confirmed with tfie Conservation Department prior to installation,
Signs shall remain in perpetuity. Snow shall ondy be stockpiled in areas shown on the
approved Layout and Materials Plan (Sheet 3 of 31) . Snow that exceeds the stockpile
locations shall be properly disposed of off-site.
107. A non-backwashing, cartridge style filter will be installed .�oz the pool, Draining of
pool water is not permitted directly into an area subject to )"Urisdiction of the Wetlands
Protection Act and/ or the North Andover Wetland Bylaw (including catch basins) .
This condition shall survive the issuance of a Certificate of Compliance.
108. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to storrnwater runoff. This condition shall survive the Order of Conditions and
shall run with the title of the property.
12 5 2 & 1274 Osgood Street (FKA 12 10 4sga o d Street)
DEP #242- 1692 - Z"d AnZendmeirt Order of Conditions
Page 33 of 36 . -- —
1252 & 1274 Osgbod Sti-ect (fl(a 1210 Osgood Street) DAP FILE # 242 1692 21,dAniendiuent
109 . There shall be no dumping of leaves., grass clippings; brush, or other debris into a
wetland resource area including the Buffer Zone. This condition shall survive the
issuance of a Certificate of Compliance .
110 . Upon completion of construction and grading, all disturbed areas located outside
resource areas shah be stabilized permanently against erosion. This shill be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
_ complete once full vegetative cover has been achieved.
111 . 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,
112. Upon completion of the project, the AppEcant shall submit the following to the
Conservation Coimuission as part of a request for a Certif icate of Con-ipliance :
a. VVPA Form SA -- "Request for a Certificate of Compliance.,"
b. A letter from the applicant requesting a CeAfficate of Compliance.
c, The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property .
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.:
f. The street address and assessor's mapl parcel number for the project.
g. The DAP file nunzber.
h. A written statement from a Registered Profess ional Civil Engineer of the
Coiyu-nonwealth 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" flan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/ or Registered Professional Land Surveyor if
appropriate) of the Conu-nonwealth, for the public record. This plan will include;
" As-Built"' post-developi-i-Lent elevations of all drainage & stormwafer
management sh�uctures constructed within 100 feed of and wetland resource
area. Specifically, " As-Built" plans should includeinverts of all dTainage
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 stozmwater systems exist partially within the Buffer Zone
then the entire st-�.�t-�cture z�zust be depicted to accurately verify compliance .
1252 & 1274 Osgood Street (FKA 12 10 Osgood Street)
DAP #242- 1692 - 2nd Aittei]d1tlent 4t•de►• of Conditions
Pa e 34 of 36
1252 & 1274 Osgood Street (fka 1210 Osgood Street) DAP FILE # 242 --- 1692 2nd Anie' ndlilelit
➢ "As-Built" post-d evelopt-rient elevations and g rades 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 I imite d to) septic systems,, additions, f enc es, shed s, stone gal ls,
pools, retaining walls, subsurface utilities and decks.
➢ A dine showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetafion.
Location of all subsurface utilities entering the property.
113 . The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project,
➢ 25' No-D isturbance Zane and a 50" No-Construction Zone shall be
established from the edge of adjacent wetland resource areas for DEP # 242-
1692 as shown on the herein referenced plans, Future work on any portion
of the entire site (residential and cnnu-nercia ), regardless of weather, said
work falls within the 100-foot buffer zone, will require a separate filing with
the NACC (refer to Section 3 .4 0f the Regulations for performance standards
within these zones), The Conservation Admini strafor and/ or other agents of
the NACC coo not have the authority to waive these conditions as set forth
herein (Condition #35 & 100);
Resource Area Markers (Condition #53);
Well points and monitoring wells shall remain in operable condition
(Condftion#65);
➢ Stori-nwater Maintenance cantract/ agreement (Condition #81);
➢ The interceptor trench system shall remain in operable condition (Condition
#101);
➢ Stormwater Management System Maintenance. The attached "Long Term
Operations and Maintenance Plan", including Best Management Ptactices .,
0
No additional filings will be required to conduct maintenance of the above
referenced system as deta iled in the report (Condition #'s 82, 83 & 102); .
➢ Discharge or spillage of pollutants (Condition #99); .
12 5 2 & 1274 Osgood Street (FKA 12 I0 Osgood Street)
DEP #242- l G9Z - 2"a t1nmacirne»t Order of Conditions
Page 35 of 3G
1252 &. 1. 274 Osgood Street fflw 1210 Osgood Street) DEP FILE # 242 — 1692 21,dAmendillent
Proposed excavation or redevelopment of site shall require exploratory
borings and permitting with the NACC (Condition #100);
Prohibition of underground fuels (Condition #103 & 35);
9 Limitations an the use of fertilizers, herbicides, and pesticides (Conditions
#104);
);o- No road salt or deicing chemicals (Condition #105); -
➢ "No--Snow Stockpiling and No Salt Zone" signs (Condition #106);
➢ No � w � � � y flIter or (Condffion #1C7};c g id
Prohibition on coal tar-based sealants (Condition #108);
Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #109);
Operation of the Groundwater Treatinent System in com��iance w�fh
Groundwater Treatment System Operati* on & Maintenance Schedule and
Shutdown Evaluation Criteria. No additional filings will be required to
conduct maintenance of the above referenced. system.
1252 & 1274 Osgood Street (FKA 12 10 Osgood Street)
DEP 9242- 1692 - 211d Al]1Blldll1811t Order of Conciiti ans
Page 36 of 36
Appendix "A"
ESCROW RE LEASE PROCEDURE,
The Applicant and NACC acknowledge and a-gree that the% 2"d Amended Order of Conditions,
DEP Fide #242- 1692, C011ta1135 COI1d1t1D11S (including but not limited to Conditions SG and 57) to
provide a financial means (Escrow) to ensure the continued aeration of the Groundwater
Treatment System (System) pursuant to the Groundwater Treatment System Operations and
Maintenance Schedule and Shutdown Evaluation criteria (System 4 & M Schedule)
incorporated herein to allow the System to operate the System until Shut-Down Criteria are
achieved (see Condition 60, 71 , 72 & 73) . The Owner and NACC agree this procedure will
govern the procedure by which the NACC and/or its agents may access the Escrow set forth
herein, to provide a means to allow the Town of North Andover and/or NACC to continue to
operate and maintain the System in the event the Owner and its agents fail to continue the
operation and maintellaiice of the System, after notice of a System failure and the Applicant's
failure to rectify the cause of the System failure during a reasonable period after notice to the
Owner to rectify the same,
I NOTICE and OPPURTUNITY CURE — if the System suffers a system failure in the
maFuier described in the Triggering Events as described in the System d & M Schedule (see
Condition #73) and notice of the same is provided by the NACC to the Owner and its agents, the
Owner slaall have seventy two (72) hours (Cure Period) from the i-noment of notice to use all
commercially reasonable steps to cure the system failure. In the event of an envirotunenfal
emergency as described in Trigger events #2 and #4, of the System O & M Schedule, the Cure
Period shall be twenty four (24) hours. The NACC agrees that the Cure Period shall be
reasonably extended in the event Ownersinability to correct the system failure or enviroimYiental
emergency is due to a part or device being needed or technical advise and attention is needed for
the Systein beyond the experience of the. owner's current agents.
2. ASSIGNMENT OF CONTRACTS — 'in the event the Owner is unable to rectify the
system failure or environmental emergency upon the expiration of the Cure Period and any
reasonable extension of the smile under Section 1 herein; the Owner assigns all of its rights to its
system's operation and maintenatice contract with Lockwood Remediation Technologies LLC
and its monitoring service contact with EcoTec, Inc. to the NACC,
3 .6 EXPENDITURE OF ESCROW — in the event the Owner fails to rectify the system
failure or environmental emergency within the Cure Period and/or reasonable extension of the
sanie, after 24 hours notice to the Owner of the NACC' s intent to access the Escrow monies to
rectify the systen-i failure or environmental emergency, the NACC may use the Escrow monies
(beghu,iing .wi th the cash surety in Cond i ti on S b) to reta in the Owner' s profes siona l s of others to
rectify the system failure or envitoiuilental emergency and perform regular operation and
mai ntenance of the System until the System has satisfied all shut-down criteria required in the
SHUT DOWN CRITERIA set forth in the System O & M Schedule. The NACC shall provide a
monthly accounting to the Applicant of the expenses paid. from the Escrow mom" es,
4. APPLICANT' S RIGHT TO RESUME OPERATIONS — notwithstanding the NACC
assumption of operations and maintenance of the System and the use of Escrow naonies to field
such expenses in Section 3 herein, upon 24 hours advance notice to the NACC, the Applicant _
shad have the right to resume the operation, maintenance and monitoring of the System, per the
terms of this 2"d Amended Order of Conditions and the System C) & M Schedule, until shut down
criteria as defined therein has been achieved. In the event the Applicant resumes operation of the
System, the NACC shall stop withdrawing all Escrow monies and the NACC shall provide an
accounting of the Escrow monies to the applicant. Ii1 the event the Applicant resumes operation
of the System, the NACC reserves its sights under Section 1 and 3 herein to recommence
operation of the System.
i
i
APPENDIX B - AFFIDAVIT
I, an oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BL(]CrC)
1, I am the of
( position with applicants (applicant name ar company
name)
the apYIicanF upon whom Order of Conditions
have been placed upon by (DEP or NACC srrrriiFies)
the North Andover Conservation Commission.
&/or
2. r am the of
(position with owner downer name))
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Couiulissioll.
3 , I hereby affirm and acknowledge that I have received said. Order of Conditions and
have reed the sauce and understand each
(DEP File #) and every condition which has been set forth
M said order of Conditions.
4 , 1 hereby affirm and acknowledge that on this clay of 19
I ulspected said property together with any and all improvements which have
been made to the same and hereby Gerffy that each and every condition sit
forth ut Order of Conditions are presently ll1 C011lpl.1a11.Ce.
(DEP File #)
5, 1 hereby afEuni and aclmowledge that this document wzll be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Orderof Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of 19
{Signature - authorized agent of applicant or owner}
4
. a
5
OP RATION & MMNTENAC P AN
. Interceptar Trench Dewatering and Treatment System
April 15 2020
This Operation & Maintenance (O&M) Plan was prepared by Lockwood Remediation
Technologies, LLC (LRT) on behalf of NRP Group LLC and Princeton Development LLC
(collectively, the "4wnee") for ongoing O&M of the interceptor trench dowateiing and treatment
system'currently operating at 1210 Osgood Street,' North Andover, MA (die Site), The system is .
located within a garage neap Building E and replaces previous systems that have operated at the
- Site since April 2019.
OVERVIEW
ART will provide tra g to Owner personnel on Health & Safes and O&M procedures to be
followed while operating the dewaterm!" g and treatment systein, once stained, the owner will
perform routine O&M and LRT will conduct the periodic in-deP th O&M,
O&MFLAN
�ni69 T Xai .
LRT will provide on-site traffiing to Owner and/or property management maintenance personnel.
on the dewatering and treatment system operation, required maintenance and record keeping '
procedures, health and safety protocols, and conditions of pH and turbidity that xequue
notification to the Conseivvation Commission. The staining will be providdd by an LRT
technician and the current Project Manager for the project. Trawmg to be completed by May 29,
202011
Routine O&M
The Owner or property management maintenance staff will perform routine O&M of the water
treatment system 3 to 4 days per ,week. This will include ehecicin.g the control paned fax general
system status, measuring uent and effluent pH, recording pH and operational parameters
(pressures, flow rate, totalized flow) in the on-site dog boo1c, checking the volume of acid in the
I
Operation & Maintenance Phan Page 2 1210 Osgood street, North AndoVer, MA April 152 2019
storage &-wns and fil1mg as necessazy, confiimirag the aeid feed pumps and controllers are
Operating cozxec#Iy, Xeplacm' g bag filters when needed, and obsei- ring the system for leaks and/or _
dttips. LRT will be noi.i#ied of conditions that require ii=ediate attentian.
In-Dev O&M ,
LRT will perforra an in-depth O&M of the water treatment system tWice per month. The
frequency may be adjusted defending on results of the. routine O&M, and to a lessen degree, the
volume of water the system has treated tkoujhout the month, Generally; the. O&M will include
cleaning and/or calibrating pH probes in the mix tanks, verifying the transfer pumps are
operating smioothly, checldngladjusting the acid feed pumps, , filling the acid storage drums and
replacing bag filters, if necessary, chealdng the submersible pumps, floats and piping within the
recovery wells, checking data and fault codes stared within the control panel, and general ho-usc"4
keeping,
Technical Spppoit
LRT will provide technical support to the Owner and trained staff of property manager, as
necessaxy. Support may �nclude fielding general questions on the system operation, remote .
monitoring and control and/or helping to troubleshoot issues That may arise,
i
i
i
Mb
2-0 UC
i
May 20, 2020 .
Osgood Street Apartments LLC
do Dan Brenner
. 1228 Euclid Avenue, 4" Floor
Cleveland, Ohio 44115
Reference; Proposal for water Treatment System Operation & Maintenance
1210 Osgood Street , .. .
earth Andover, Massachusetts
LRT Reference # 3908 revl
Doar Dan ,
Lockwood Remediation Technologies, LLC (LRT) is pleased to provide this proposal to Osgood Street
Apartments LLC (owner) and its property management agent to conduct training and periodic Operation
& Ma'm* tenance (O&M) of the Intorcoptor Trench Dowatering - and Water Treatmeul system (System)
located at the above xeferenced location. All references to the System and requixed Operations and
Maintenance, of the same shall be as set faith in the Order of Conditions has amended) from the Noah
Andover Conservation Commiss ion (DEP Fide No. 242-m 1692).
Baseline Assumpflons
I . LRT will provide training to Owner personnel and/or property management staff on speoi to Health
& Safety and O&M procedures that should be followed while operating the system.
2. Once, pained, Owner will be responsible for rouflne O&M of the System .typically performed 3 to '
4 days per meek. LRT will conduct in-depth O&M twig per month and at other times when
requested by Ovmer. '
3 , Owner will be responsible to provide their personnel with personal proteciive equipment (PPE) that
must be worn durm' g O&M activities on , the System, This includes, but -is not limited to, nifrRe
gloves, long rubber gloves, face shield or goggles, long sleeve shfit and pants and steel.-toe boots.
An eye wash station is located on the wall of the garage that houses the Water Treatment System,
Work. Scope
LRT with perform the fallowing tasks under this proposal:
Task 1 : Traiwng
LRT will conduct one day of an-site training to Owner personnel and/or property management staff on the
System operation, required maintenance and record keeping procedures, and health and safely protocols
h t
i
IS
Osgood Street Apartments LLC Page. 2
1210 Osgood Street, North Andover, MA. ,_...______.._.�........_..�._�._.._ .w.._.__�.....__..._.._... __.__.__.� May 20, 2020
that should be followed while performing this work. Training will be. conducted by an LRT Technician' and
other LRT personnel (EnOaecr, Project Manager) familiar with the project. The hawing will be conducted
on a weekday Brom B;On AM to 440 3 0 PM and wild includa a Y2-ihour lunch. A. bagged hunch will be provided
by LRT.
Task 2: Periodic, O&M .
a, LRT will perform an in-depth O&M of the 'System twice per month, The O&M will include
cleaning and/or' calibratirig pH probes, verifying the transfer pumps are operating smoothly,
checking/adjusting the acid feed pumps, filling the acid storage drum ifnecessary, replacing bag -
filters, checking the pumps, floats and piping within the recovery wells ohecking data and fault '
codes stated within tbo control panel, and general house-keepi.�.g.
b. LRT will monitor the data from- the operation of the System and determine if it is being operated
. . as intended. Fut*er, when sufficient data have been ' collected aad LRT notices meaningful tends
u� the data relative to the objectives of monitoring.program, LRT will repoit the same to the North
. ,Andover Conservation Conitnission Adminish-ator..
Task 3 ; Technical Support
a, LRT will provide technical support for the System if requested by Owner.- Support may include
fielding general que.stions an the system, operation, remote morutazin.g and control and/or helping
to troubleshoot issues that may arise.
LRT will continue to receive electronic transznissi.ans of the System's operations " and any
emergency alerts and react appropriately to the soma. .
Task 4: Consumables
LRT wild continue to provide the Consumables and other material and equipment necessky for proper
operahoa of the System, based on the Pefiodic O&M Observation.
Pricing .
Task 1: Train�n�
On-Site O&M Training — Includes one 8-1up day and bagged lunch , $ 1,750
Task Z: Periodic O&M
ART Technician — up to 4 hours/event, 2 events/month, includes pickup 8041month
LRT Engineer or Project Manager $ 125/hr.
Task 3. Technical Suvooft
LRT Technician $65/hour
ART Enghicor or Project Manager $ 125/hour
F i
Osgood Street Apartfnents LLC Page 3
1210 Osgood Street, North Andover, NIA May 20, 2020
Consinnables ,
Bad Filters $5/each + delivery*
Sulfixric Acid; 55-gallon drum $625/each + detivery*
Delivery charge of $75 but will not apply if delivery i's made at the time
of periodic O&M visit (2x/month)
Exclusions
1. Unloading &ums of acid at the site
2. Union or prevailing wage labor (imless otherwise noted) .
3. Sales Tax
Out standar4 limited warranty, disclaimer and hinitation of liability and remedy statement is attached and
considered part of this proposal. The pricing contained in this proposal is valid for 30 days. Our payment
terms are not 30 on' delivery.
If you have any questions or require additional information, please contact us at 774-450-7177.1•.
Sincerely, .
Lockwood Remediation Technologies, LLC
tT4101W 116�reo* Pal 60AP6474(
John Hem*y, PE Paul Lockwood
Senior Project Manager President
Acceptance of Terms for SetwicesO
P ' t Na of T1' Ie Comp Name --�"�
Osgood Street Apartments LLC Page
14
+
12 10 Osgood Street, Noilh Andover, M. May 20, 2020
�--a--'� ��F� --n-.r�eMw Tt+--- T����/Y--�uuua�aw�wn+�—u�+ �.-- ti+M�u++t f +-r--rWf--�-�4+����k�en+-Fi���� - +Y�4.tea+-na�.T�ti����Fra as�au�r v� ay:+a.r.--N� --•--r�i���� Y��� .na��a��a
Lockwood Remediation Tecbnl LLB (LRT) .
. L mited Warranty Disclaimer and Limitation of Liability Reined
F
L Equipment Manufactured — LRT warrants Its products against defeotsin workmanship or
materials under normal usG for a. peiiod of twelve, .oaths fi-om the date of installation by LR personnel.,
The warrantyincludes all cost bome by L T associated with the repair or replacement (at LRT'
discretion) of the art or equipment. LRT will make a good faith effott to complete a pro t col-rectioll or
other adjustment with respect to any product, wMch proves to be, defective Within the warranty period. This
F wa rra my does not include damages occurrm` g from impropor l ti 4, i*mproper operation, improper
maintenance, or work by V artj s t under LRT's control.
2. Products or Components Manufachwed by Others �- LRT wil t o x� the, a u a toreis specific
warranty for ro ducts and/or components manu Factored by others) howevor all cost incurred by LRT t
remedy the warranty claim wiU be, incurred by the Client, unless the repair is the, result of equipment .
improperly ffistalled by LRT personnel. The repair(s) will be invoiced m' accordance with our Schedute o
3. Chenlical Compatibfflty — Our warranty does not oxtend to damage caused by chemical Incompatibility .
unless sp ecifloally stated in oii r propos al. The comp ati bifity s tt . nt must inclu de and would b e limited t
tho specifiGchemicals and concentfations listedt
r
4. Treatment Plants — LRT's treatment plantg are warranted to treat chemicals to tho concentrations listed in
LRT's proposal. All other chemicals, concentraflons or constituents other than specifically Hsted may not +
be, treated or may hinder the treatment prooess., Any modifications required either treat or remove
additional said chenlicals is not included.
. Manuals -- LRV treatment system manual is intended to provide, qualified operator with a compilation
of aiii tur is manuals for l nt provided. Oaty qualified personnel shad perform the i d
operation, tl ion and maintenance of specified i nt, LRT's' manuals are no t i mended to beF
u s ed by un u al d p ersonnel aud are not to be used as a training tool. Any op eration, op ti ization or
maintenance completed by unquaUfled personnel may result propeity damage, ou s mjury or death,
under such off' Cumstauces, client shall hold LRT harmless.
6
t . y -� The warranty herein is lieu o any other warranties expressed or
implied including, but not limited to, any IMP
lied warranty or tnewhantability or fitness for a particular
purposeand is in 11* ou of an and all other obligadons or Hability on LRT"s part. Under no lr umsla ce Will
RT be liable for any fficidental, special, or consequential damages, or for any othcr loss, damage or
expense of any kind, hicluding loss of profits, or claims for labor, arising from any cause whatsoever.
LRT's maximum liability shall not exceed at LRY's discretion, either the (i) repair or repla' cenient of the
defective pait ro du t, at LRT's o d re.; or (IR) return of the pr duct and refund the purchased Price.
Either remedy shall constitute, the Client's entiro and exclusivo remedy whether in contract, tort under
i-rarty or otheivise.
5
+
Stormwater Report HANCOCK
Princeton at NorthAndover Apartment Homes ASSOCIATE:iS
Forgetta Retail/Commercial Center
1 21 fl Osgood St. North Andover
Long Term Stormwater Operations & Maintenance Plan ,
Revised 1-12-18
LONG TERM STORMWATER OPERATIONS and MAINTENANCE PLAN
The following Princeton at North Andover Apartment Homes and Forgetta Retail/Commercial Center Stormwater
Operations and Maintenance plan has been completed in accordance with federal, State and Local regulatory
guidelines, as well as common civil engineering usual and customary practices,
The purpose and intend of this Stormwater Operations and Maintenance plan is to provide additional proj ect
specific information related to the effective stormwater management implementation, operations and
maintenance of stormwater measures. The information provided herein, is intended to provide the operational
and maintenance basis of all stormwater measures onside in perpetuity, subject to updates, amendments or
revisions, as necessary. As such all future Princeton at North Andover Apartment Homes and Forgetta Farms
Retail/Commercial Center property owners,, associations or entities must be notified in writing of this plan and be
provided with a copy, along with a complete set of the approved project drawings depicting all stormwater
elements,
The following outline is a basic summary of the key elements contained within the Princeton at North Andover
Apartment Homes and Forgetta Retail/Commercial Center stormwater operations and maintenance plan ;
Section A Introduction
Purpose
Responsible parties
Estimated Annual Costs
Permanent Stormwater Measures
S e ctio n B Stormwater Operations
Material and Equipment Storage
Stormwater Systems
Stormwater Operations and Maintenance
Section C Stormwater Maintenance
Management, Training and Certification
Observation Log
Corrective Action Log
Section D Deicing and Snow Management _
Stormwater Operations and Maintenance Plan I P 9 e
1
StUI't711Vatet' R8pQ1l HANCOCK
Pi•i��ceton it Na►•t}i Andover Apaa�tment Homes ASSOCIATES
Forgetta RetaillComzaien•cial Centex•
1210 Osgood St, North Andaver
Lojig Term Stormwater Operations & Maintenance Plan
Revised 1 -12-18
Stormwater Operations & Maintenance Plan Compliance and Certification Statement
To the best of my knowledge and understanding, the undersigned recognizes the validity and importance of compliance with
the Princeton at North Andover Apartment Homes and Forgetta Retal1/Commercial Center Stormwater Operations and
Maintenance Plan, as generally outlined and described herein. The undersigned further agrees to participate its the
advancement and notification of phis document to a!/ future Princeton at North Andover Apartment Names and Forgetta
Retail/Cornmerclal Center interested parties or entities responsible for the affective and meaningful operations and
maintenance of both temporary and permanent stormwa#er systems.
owner/Dveloper (Company, Name and Title) Dade
Owner/t]veloper (Company, Name and Title) Date
SECTION A
The Princeton at North Andover Apartment Homes and Forgetta Retalfl/Commercial Center community is a mixed
use project consisfling of (2 ) two lots, one for residential purposes and the other for commercial. The residential lot
( Lot-2 ) will be occupied by (4) four, four-story buIldings and a eomlai*rtatiort leasing office & clubhouse. The
commercial dot ( Lot-1 ) wild be occupied by four (4) buildings, including retail, office, banking and restaurant Tease
spaces. The two lots share common access points off of Osgood Street ( Route 125), as well as many infrastructure
improvements (water, sewer, drain ) ,, The Princeton at North Andover Apartment Homes and Forgetta
Retail/Commercial Center community w1' 11 be initially owned and developed by Princeton Properties and Forgetta
Farms Development LLC. The property may layer be owned and managed by a property management company or
ether individual owners. An agreement will be in place between whoever may awn the properties requiring
operation and maintenance of the stormvvater management system is completed in accordance with this plan.
Bastion Aw'111 provide additions [ project specific information, incfuding the Princeton at North Andover Apartment
Homes and Forgetta Retail/Commercial Center (the Project) stormwater operations and maintenance purpose ,,
PURPOSE
The purpose of this Stormwater Operations and Maintenance Plan is to identify the primary differences between
temporary and permanent stormwater measures and the proper operations and maintenance of these systems.
The temporary and permanent stormwater measures are further described on the approved Project permit plans,
construction documents and Stormwater Pollution Prevention Plan .
..........
Stormwater Operations and Maintenance Plan 2 1 P a g e
Stot•mwatei Report HANCOCK
Princeton at North Andover Apartment Homes ASSOCIATES
Forgetta Retail/Commercial Center
1210 Osgood St. North Andover
Lojig Teem Storinwater Operations & Maintenance Plait
Revised 1 -12-18
RESPONSIBLE PARTIES
Princeton Properties Inc, dba Princeton at North Andover Apartment Hamel LLC
Andrew Chaban, CEO
1115 Westford Road
Lowell, MA 01851
978-458-8700
Forgetta Development LLC
Robert Bohlen, Manager
34 Park Street
Andover, MA 01510
978-475-3400
ESTIMATED ANNUAL. COSTS
The estimated annual cost for the operation and maintenance is $80500*00. It is anticipated this plan will be fully
implemented by a single company specializing in the stormwater maintenance of underground systems ,
PERMANENT STORMWATER MEASURES
Permanent stormwater measures are all those structural or nonstructural practices intended to reduce or
eliminate stormwater degradation and site erosion following construction completion, site stabilization and
property occupancy. Specifically, these permanent measures are purposefully chosen, sized and placed in such a
manner that will resit in measureable stormwater quality, volume and velocity controls. Ultimately, the
m onitoring and successful operations of all permanent stormwater measures, shall be the Property Manager's
responsibility: It is highly recommended That a third party stormwater agent is contracted by the property manager
for operation and maintenance responsibilities. Any and all such contractual arrangements will be added to the
final Princeton at North Andover Apartment Homes and Forgetta Retail/Commercial Center Stormwater
Operations and Maintenance Plan, as an addendum with continual updates, business registrations, certifications
and proper insurances, as applicable.
The proposed Project's permanent stormwater measures are as follows;
➢ Deep sump catch basins with hood outlets (39 total)
➢ Area drains ( 10 total)
➢ ADS - StormtechT"' Underground Chambers — Isolation Row ( 13 rows total)
Rainstare3T'" Underground Cambers ( 12 Systems total )
Rip-Rap Aprons (51otal )
Starmwater Operations and Maintenance Plan 3 F' a g e
Stormwater Report HANCOCK
Princetonat NorthAndover Apartiizent Hanes ASSOCIATES
Torgetta Retail/Commercial Centei
1210 Osgood St. North Andover
Long Tern Storitiwater Operations & MaintenaticePlan
Revised I-12-18
SECTION B
Section B v►riil provide additional project specific stormwater O&M information, including the Project material and
equipment storage, snow management, stormwater systems and general site operations and maintenance.
MATERIAL and EQUIPMENT STORAGE
Material and equipment storage will be done in a safe and proper manner. landscape contractors, pest
management contractors and general maintenance staff shall follow all applicable product manufacturer, state and
federal guidelines for the storage and handling of materials and chemicals on site,
All debris shall be collected and disposed of o#fske in a legal manner. Temporary snow storage may be permitted,
in accordance with the approved permit plans in the pre-determined locations only. Yard waste and snow is
prohibited from being deposited in or near the on site wetland resources. These areas include the followi ng:
➢ The left side of the entry drive from Osgood Street to the Princeton leasing office.
)Po- Behind the fool area
To the east of the parking area on the side of Residential Building D
Behind Building D
➢ Over the wall between Residential Buildings D and E
Behind the -garages to the side of Residential Building E
Over the wail in the rear parking dot of Residential Building E
The wetland resources and Wrisdictlonal 100 foot buffer pones are shown on the figure below.
STORMWATER SYSTEMS
- The permanent Princeton at North Andover Apartment Homes and Forgetta Retail/Commercial Center private
stormwater systems are proven, reliable and affective stormwater treatment, storage and infiltration practices.
The site is strategically graded to mimic the pre-development natural drainage patterns and therefore maintains
several individual and separate drainage systems. In general, all the clean roof runoff will be collected, stored and
infiltrated through underground chamber systems, each with emergency overflows directing excess stormwater in
the same locations as naturally occurred prior to development. The associated site access and parking areas are
largely conventional bituminous pavement with various curbing types, all promoting gutter lire surface flow into
deep sum catch basins with owlet hoods. The project- s main stormwater practices are underground storage
systems, using the "Stormtech" proprietary chamber system and Rainstore 3 . Each of the Stormtech system
contains isolator rows with an inlet control manholes that are also connected to the Rainstore 3 chambers.
Collectively, the chosen stormwater systems will meet or exceed local, state and federal standards as designed,
when operated, monitored and maintained properly.
------------- ...... .......
Sformwater operations and Maintenance Plan 4 1 P a g e
StormOvate i Report HANCOCK
ASSOCIATES
Prihiceton at Nordi Andover Apartment Homes
Forgetta Reta'll/Conimercial Center
12 10 Osgood St, North Andover
Long Storinwater Operations & Malhitenwice Plan
Devised 1 -12-18
,. }:f•xrff•'yr.'.lN;;l.' .. ,✓+,f;.ti:lxl:;f.ti.n,::,ryNf•'f rl. ..}ti::f•N.�tiri,..x..t..Nrti-.\'nn::.r ..:•::.f xv•.l•n;nx STORMWATER OPERATIONS and MAINTENANCE
• r.r}f 1f,VM1':'> ,Al,—Y/�'l :: l; :,%'.:^''ll "' +.✓.:.:rr.,..., .n•. :.s.l.:::.v- l .i..i. k•..•.:,. .1:::'r'.;,.
./vnnn:i\\ln} fM1i'„•.:'tin n:vif.:}+i i..:..11xk "/riilf:::.k'i}:.:h:nki.\'::li';•r.'-:':;tin/..:1:::::::1:::+:ti;v:::.:.::::.:.:::Ak.:
f ��n?-viJn{•'!mil /nM1 / \ 1.....,.:.:.'.::.a.,i l
s_mnx-x_L-�nl_.M1i..�/.\ tiM1..ti_. .... {... •n. .... ,. .• x.:ln •v...nl.......M1_::.•.:•..•:..
The combined onsite drainage systems operations and maintenance can be self-performed by the Princeton at
North Andover Apartment Homes a n d Forgetta Retail/Commercial Center property manager or their assigned
agent. }however, due to product knowledge, training and specialty maintenance equi ment required, it is strongly
recom me nded by the d esign engi r of record, the prop ertyma nager secure a nd ma i ntai n a I ong te rn th i n pa
contract with an 'Industry e ifi trained & licensed professional capable of operating, inspecting and maintaining
the system .,
In general good housekeeping, common sense responsible site operations and timely maintenance include the
following activities:
Site Maintenance: The site and all its components shall be kept in a neat, orderly and clean fashion. Routine upkeep
shall be performed by either Owner"s representatives., Property Management Staff andlor their assigned, de ending
on the pr6ject*s status, Typical s1 to maintenance activities shall include, but not be limited to responsible construction
practices, parking tot sweeping using a vacuum sweeper, landscape management including intensive spring n f ail
season clearing and building maintenance.
Trash Disposal: A// common household waste moterials will be collected and stray in a securely fielded metal
dumpsters housed within lockable encl re s , maintained. on site by a third party refuse collection agent, All
6 1 "dental tl (small) s trash and es deposited arrt� r y propertyrac or er ssl e
alter s . The dumpster will be emptied on regular schedule{ prior to being o ver filled, All redden is and property
management ers nnel wfil be instructed on proper onsi to waste disposal practices. In addition to orsite signage, all
residents will receive specific nsi to disposol s r l es, including recycling if applicable Within their lease agreement
documentation.
ill Con trot & Car tair m erg L. Goad housekeeping and spill con trot p radices will be follo wed to m Inim ize storm Ova ter
contamination from petroleum products, points, and cleaning products. All resident vehicles will be routinely
monitored for leaks wfth written notices distributed as required y property management staff'. Habitual offenders
will be removed from th e site with p arking privileges revoked, if necessary. Emergen cy spill kits is MY/ be a vailable on
site wlth operation and deployment managed y trained property management staff.
Snow Removal and Deicing.-p Se r plowing., removal and deicing operations shall be done und.er contract with
reputablefirm with experience with maintaining commercial sites w/th sensitive areas. No snow shall be plowed over
retainlng walls. Snow shall be placed In landscape areas so as not to damage l r s e materials or In i i t vehicle
vWb lity. When sr v on site impairs vehicle mo n t and parkin fir, snowshall b e remo ve from the site disposed
Of
in accordance Mth applkable local, s tote andfederal requIrem en ts. Deicing chemica sh all be applied it accordance
w1 standard practices in a responsible manner and only as re u re .
At no time will hazardous or dangerous materials or chemical storage be permitted on premises in any quantity by
either property management representatives, tenants or residents . Only common over the counter household
cleaning products within acceptable consumable legal Him its will be permitted on site . Any and all such consumable
products may be routinely disposed of within the onsite refuse receptacles, in accordance with state and federal
l ags .
Stormwater Operations and Maintenance Plan 5 1 P a g e
Starmtivater Report HANCOCK
Pi•inceton at North Andover AI)artmentHomes ASSOCIATES
Fotgetta Retail/Commercial Center
1210 Osgood St. Nai•tli Andavei
Lo' jig Teem Stormwater Operations Mainteiiance Plaii
Revised 1 -12-18
Stormwater Management System Maintenance
Deep Sump Hooded hatch Basins (39 Total)
The actual removal of sediments and associated pollutants and trash accurs only when inlets or sumps are -cleaned
out; therefore, regular maintenance is required. The more frequent the cleaning, the less likely sediments will be
resuspended and subsequently discharged , In addition, frequent cleaning also results in more volume available for
future storms and enhances the overall performance. At a minimum, water quality inlets and deep sumps should
be inspected monthly for general function and four fiimes per year for sediment levels. Each of the thirty-three (39)
catch basins on site are equipped with a four (4) foot deep sump (the area in the catch basin below the elevation
of the pipe leaving the basin ) , The pipe is not visible as it is equipped with agas/oil hoods but the constant water
level in the catch basin generally indicates this elevation . A gape measure can be used to measure the depth from
the rim grate to the water level, then the depth of the wader can be measured and compared to the four feet. The
distance sham of four feet equals the sediment level, Catch basins must be pumped when the sediment level
exceeds one ( 1) fort through the use of a vacuum extractor or once every year. Disposal of the accumulated
sediment and hydrocarbons must be in ' accordance with applicable local, stake, and federal guidelines and
regulations.
Area drains ( 10 Total}
' The area drains should also be maintained similar -to the Deep sump hooded catchbasins above.
STaRMTECH I.SOLATOR ROW ( 13 TOTAL)
Routine inspection schedule reeds to be established for each individual location based upon site specific
variables. The type of land use ( i . e . industrial, commercial, residential), anticipated pollutant load, percent
imperviousness, climate, etc. all flay a critical role in determining the actual frequency of inspection and
maintenance practices, At a minimum the StormTech system shall be inspected twice a year. Initially, the Isolator
Row should be inspected every 3 months for the first year of operation . for sub sequent years, the inspection
should be adjusted based upon precious observation of sediment' deposition , Thy I solato r Row incorporates a
combination of standard manhole(s) and strategically located inspection ports (as needed ). The inspection parts
allow for easy access to the system from the surface, eliminating the need to perform a confined space entry for
inspection purposes. If upon visual inspection it is found that sediment has accumulated, a stadia rod should be
inserted to determine the depth of sediment. When the average depth of sediment exceeds 3 inches throughout
the length of the Isolator Row, clean-out should be performed,
The Isolator Row was designed to reduce the cost of penodic maintenance. By "isolating" sediments to jest one
row, casts are dramatically reduced by eliminating the need to clean out each raw of the entire storage bed . If
inspection indicates the potential need for maintenance, access is provided via a manhole(s) located an the end(s)
of the row for cleanout. If entry into the manhole is required, please follow local and OSHA rules for a confined
space entries.
5tormwater operations and Maintenance Plan � � 6 1 P a g e
i
HANCO.CK
I-hi toy at North Andover Ali�� Inie �t Homes
1210 Osgood St, Noi-th Andover
Loiig Terin Storinwater Operaflojis & Mabiteitance Plait
Revised1 -1 -1
��+r+,•,• r•,�+vr�y�. �....,w,�::•:'•r:'t r,'f•.;� ,v•,i:v.'' �'•}'.+:;:;^.,'•"i f,.y.++r.,,,..••::'::x+
1 ,7 ,f Sr+,rf4":+ ,:?.': rS'lM1i.r'i::i r',r r�. :++"„'''�+'.f.� fl; ?�.' J;;.;.f,=:.f•,'+:,.�r'"'•r ..r,M1: .}^''::: . :ti'::.•ti.....:
� k�'�x�� m' .. .... .... .... ...__...
'r• �,+.ff^• x..•f• } }ff•.•f•, +„f.r+••+:::• fvi .. +:.}.Uf:�.;;f�f•rf�'^.nnN•:. wr+ •;.,,+f• ti+k f••::,:yk•• f
J.���.x},L�.��-\..awn•.�. +}v xvti^'^:.n f. v+. \ .-.....+. ..,. ..•..•
Maintenance is accomplished with the Jet JetVac process. The Jet JetVac process utilizes a hi pressure water nozzle t
propel itself down the Isolator Row while scouring and suspending sediments* As the nozzle is retrieved, the
captured pollutants are flushed back into the manhole for vacuuming. Most sewer and pipe maintenance
companies have vacuum/jetVac comb ration vehicles. Selection of an appropriate ) etVac nozzle will improve
maintenance ffi i . Fixed nozzles designed for culverts or large diameter pipe cleaning are preferable . Rear
facing 'ets with an effective spread of at least 45" are best. Most JetVac reels have 400 feet of hose allowing
maintenance f an Isolator Row up to 50 chamberslong. The Jet JetVac process shall only be performed on
StormTechIsolator Rows that have AASHTO class I woven geotextille (as specified by St rm T over their
angular base store .
. ...... ... ....... :.....
f
r�•' •.• ,•yryxr
f�':.� +.env .. ..,..,.. .• '.". ..: •jy:,,•.
tin.:;+' '•v. :�.
.+>,: r,f..��tir;� f,�:•' •.�•:.:�;f' x.,}f-f {�',�:n~.•: �''� +}
'fi
�. ;tiff :::;' :. '•:•.. •'.:..:�:•:..
y:f vv�i•:�.v:•+v+r+'vr M1v ;•v.';.�v'}f
Examples. of culmi-i eleaidiig wzzles appropriate r Isolafor Roul
mennimmice, (These are) not Storin Tech products.)
vv ff� •�i}
it f,
+Ivy fti:;:.::..;:: v. •hf
f?4;k•�M1Akti i+�
Step 1 Inspect Isolator Row for sediment
A Inspection ports.
i . Remove lid from floor box frame
ii . Remove cap from inspection riser
iii . Using a flashlight and stadia rod measure depth of sediment and record results on
maintenance log.
iv. If sediment is at, or above, 3 inch depth proceed to Step 2. If not proceed to step 3 .
B) All Isolator Rows
I Remove cover from manhole l at upstream end of Isolator Row
i i , Using a flash [ight, 'inspect down Isolator Row through outlet pipe
1. Mirr rs on poles or cameras may be used to avoid a confined space entry
* Follow OSHA regulations for confined space entry if entering manhole
H'i . If sedimen' tis at or above the lower row of sidewall holes (approximately 3 inches) proceed t
Step 1, If not proceed to Step 3 .
Step ) Clean out Isolator Row using the JetVac process
A) A fixed culvert cle'aning nozzle with rear facing nozzle spread of 45 inches or more is preferable
B) Apply multiple passes of JetVac until backflush water is clean
C) Vacuum manhole sump as required
Styp 3) Replace all caps, lids and covers, record observations and actions
Stormwater Operations and Maintenance Plan 71 F1 a
Stormwater Report HANCOCK
Prince(on at North Andover Apartment Home5 ASSOCIATES
FaY•getta Retail lCanimercial Center
1210 Osgood St. North Andover
Long Term Stormwateim Operatimis & MaiWetiatice Plaii
Revised I-12-18
Step 4) Inspect & dean catch basins and manholes upstream of the StormTech system
Rains#ore3�"" Underground chambers ( 12 Systems total )
Once the chamfer systems are in use, inspect it after every major storm for the first few months to ensure itis
stabilized and functioning properly and if necessary take corrective action, Note how long water remains standing
P. each system after a storm using a stadia rod through the maintenance port located over each system ( metal
cover to grade) ; standing water within tie basin 48 to 72 hours after a storm indicates that the infiltration ,
capacity may have been overestimated . if the ponding is due to clogging, immediately address by contacting a
Professional Civil Engineer, Thereafter, inspect the infiltration BMP at least twice per year. Given the use of deep
sump hooded catch basins and Isolator Rows with differential inlet elevations up gradient of all chambers, no
sediment should ever be encountered in the chambers . The subsurface infiltration systems should fully drained
within 72 hours following a large storm event. If they are not, corrective action must be �a�Cen .
Riprap Aprons (5 totals
The areas of stone at pipe outlets are critical to reducing stormwater velocity and presenting scouring and erasion
in the sensitive wetland buffers where they are located. Routine inception and maintenance are important to
their long term functioning. The three are located as fo I lows :
➢ To the left of the entry drive approximately 100 feed from Osgood Street and 70 feet off the drive.
Southeast Garner of side parking lot at Residential Building D, behind gauge.
)i> Southwest corner Residential Building D over retaining wall .
A between Residential Buildings D and E over retaining wall.
The aprons should be inspected dour times per year. Remove any trash or debris that might inhibit flew, replace
stones that may have moped, keep area free of vegetation . Note any sediment that may be leaving the pipes as
this would indicate problems within the systems up gradient.
BMP ChecHist
BMP DATE CHECKED ACTION TAKEN
CATCH BASINS
RAINSTORE3
ISOLATOR ROWS
RIP RAP APRONS
Stormwater-Operations and Maintenance Plan 8 P a g e
Sformwater Report HIANCOCK
1'ri�icetoii at North Andover Apartment Homes
Fargetta RetaillConnmereial Center
1210 Qsgooti St. North Andover
Long Terin Storillwater Operations & Maintenance Plau
Revised 1-12-18
Mw^'xY:... .f,..aY .tad......r.....:%":::•..iwir.,,...: ::!i:• .:.i..x'..ri::..::r.':::..n.....:.:_
SECTION C
Section C will provide additional project specific stormwater maintenance information, including management,
training and certifications, Observation Log, Correction Action Lag and project representative BMP library.
MANAGEMENT, TRAINING and CERTIFICATION
The Pruject's perma ne nt stormwate r syste ms a re to be monito red, operated a nd ma i nta i ned by tra i ned i ndivid u a ls,
certified in stormwater management practices ,. Either the property management staff may became brained and
certified or utilize a professional contractor with the appropriate training and certifications capable of responsibly
insuring stormwater systems operations and maintenance compliance , _
Both the owner and property manager shall maintain responsible and current records of all stormwater
management training and certifications, as typically required and' performed within the SUIIPPP documentation.
Please also refer to the project specific eMP reference documents and sample report forms contained in the project
stormwater report and project approvals for any additional information as to the functioning of the systems.
OBSERVATION LOG
The property manager and/or their stormwater consultant(s) are respansibi ity to complete stormwater
observation logsin compliance with state and local stormwater compliance regulations, in addition to the suggested
manufacturer specifications.
CORRECTIVE ACTION LOG
A Stormwater checklist and corrective action logs will be prepared prior to filing a SWPP with EPA., The purpose
and intent of correction action logs are to document a stormwater occurrences that requires additional, amended
or revised stormwater measures than those approved/permitted devices in operation .
9
Stormwater measures may require corrective action logs. The creation, documentation and corrective action log
reporting shall be the owner's or Property Manager's responsibility.
Stormwaler operations and Maintenance Plan 9 1 P a g e
Stat'mwatef- Report HANCOCK
Princeton at North Andover ApartmentHomesASSOCIATES
Fargetta RctaillCanimer-cia1 Center
1210 Osgood St, North Andover
Long Terin Stormwater Operations & Mal'hiteiiance Playa
Revised 1 -12w18
SECTION D
Deicing and Snow Management
Snow shall only be plowed to areas as designated on the plan only. Snow is prohibited from areas outside
the designated areas. Snow storage areas are designed specifically to trap and store sand, sediment and
debris found in snow melt that if allowed to flaw into the wetland could be detrimental to wetland
vegetation . Use of sodium based de -icing chemicals is prohibited within 100 feet of wetlands on site .
Signage in these areas shall be dearly posted . Sanding and the de -icing chemicals such as magnesium
chloride or potassium chloride should be used sparingly in these areas.
Before the start of winter, snow storage areas shall b'e prepared and maintained so that the sites
maximize their effectiveness . The following maintenane measures shall be undertaken within the
designated snow storage areas ;
0 The natural vegetative buffer strip shall be maintained during the growth season between the
disposal site and adjacent wetland.
• Debris shall be cleared from the site prior to using the site for snow disposal .
a Debris shalt be cleared from the site and properly disposed of at the end of the snow season and
no later than May 15 .-
The amount of snow disposal , capacity has been estimated to insure an adequate number of upland areas
have been selected and prepared . As snow storage areas are exhausted, snow shall be removed from the
site and disposed of properly in accordance with applicable local, state and federal guidelines. It is
essential that these guidelines for preparing and maintaining snow disposal sites be followed to minimize
the threat to adjacent wetlands . Snow exceeding the storage capacity of these area shall be removed from
the site and disposed in accordance with all local, state and federal requirements.
Stormwater Operations and Maintenance Plan 10 P a g e
PERMIT PLAIS TORMWA TER O&M EXHIBIT
N
V'r r OP F +{M W4ArZ
# — R w f i — a
ry,.�� 'a
ATLrLr+Y�I��h.}I�i� �,i a � • t f i � i a i
iiD AREA DRWyr
■
— "ME CA 7W a4.91V
I P i
PI
f i f t
Y
!
■ � i F!
YiF R i� rL�'.�.a •
—4F
i�• r+E
ROW
p CD
/N%%IIIIIIIIIIII�
� ++
I }}
.Y}
ROW AHFA*�7 Ty 4rRUST
Cs D
CB
/Sow
ROW ; J.�a41'•tL!
ROOF IF 2.7
ISO" TER r■
i a ROW T
A � �
- - - - - - - -- -- - -
Scax*Jw1=yI is � I
-r� rrr ROOF '_ .dd
•—+ , 4F ��+il • rYFI •ia•�Y• l�Trt•� F�T�•��•III— •!+Y! I--_!_--F•�alY'••ai ,—a,—, a + a i 111�F�#IF�i41r IJI If�YF�iii—•—•�•—•—•—• • —
RAP
IP cra••4'+r J J•�
�!YrF� Y T
! —— —
Y
r
It
r
ca
r .;
r •• fen
CB Jor
S D
7 � � � y
_� 'i` ��J� �������r~������r�Y.`Y.. ���• �a'���t rnH faYv�++�w�� arrw.,aN.aa��!��Y a�����r �
1�C T
25
� J
, E - 1 � 40 MY
� � �� 4 }max• � �1