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Home My WebLink About242-1874, 315 Turnpike Street - Merrimack College, Video Board - Permits #242-1874 - 315 TURNPIKE STREET 10/19/2023 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1874 WPA► Form — Order of Condition e'b s-trans e# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Transaction North Andover CitylTawrl A. General Information Please note: North Andover this farm has 1. From: been modified Conservation Commission with added 2. This issuance is for spaceto a.® Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements C/O Jeffrey w _ Doggett a. First Name b.Last Name Important: When filling Merrimack College out forms on c.Organization the 315 Turnpike Street computer, _ -m..... --- -- -- _ use only the d.Mailing Address tab key to North Andover MA 01845 _. .......... ...._.. move your e. City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. r a. First Name b,Last Name o.Organization rsnm _.._.... ............ .............. — d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 315 Turnpike Street North Andover a.Street Address b.City/Town Map 25 Lot 13 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d66m5745s 71d11m9240s d. Latitude e, Longitude wpaform5.doc rev 511812020 Page 1 of 13 � 4 Massachusetts Department uf Environmental Protection Provided uyMammocp: Bureau Of Resource Protection - Wetlands242 -1874 �aoao�pFi|u� �� Order � n� ��~�~ m�o �� Form ~^ ~� �^�v�� o ��v�U�� Massachusetts Wetlands Protection Act M.G.L. o. 131. §40 eDEP Transaction# � North Andover � City/Town | A. General Information (cont.) � 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Northern Essex a.County b.Certificate Number(if registered land) JO 329 � c.Book d. Page 7. Dates: Onbober11 2023 Ocbzber19 2023a. Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance � � V. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Duane Stadium Video Board, C100 a.Plan Title VHB Jeffrey b.Prepared By c.Signed and Stamped by September 2 As Shown d.Final Revision Date e.Scale See Attached f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant ho the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Aot). Check all that apply: u Prevention of � a �� Public b �l Land �� ~ � �� Pollution d �� Private e �� Fisheries L 0prnhsnUonof � �� VVi|d|iha Habitat g. M Groundwater Supply h. [A Storm Damage Prevention i, [A Flood Control x� This Commission hereby finds the project, aopropoeed' ie: (ohookonoofthefoUmwinghoxes) � Approved subject to: � o. H the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. =ww,nm»"r^rev w1oomo Page zmm 4 � � Massachusetts Department of Environmental Protection Provided byMassDEP: � 874 � {�UPBaUOfF�0sOU[CB Protection - \�/8tl@Dds 242-/ �� Conditions � m�n o� Form � �� ~�u ^u�� u ~��uUons | Massachusetts Wetlands Protection Act K8.G.L. o. 131. §4O eoep Transaction# | North Andover CityfTown B. Findings (cont.) � � Denied because: | / k 171 the proposed work cannot be conditioned to meet the performance standards set forth hl the wetland regulations. Therefore, work on this project moynnt0oforwgrdun|gmoend until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. o �l the thavvo[k � � �� ' . � or the effect of the work on the interests identified in the Wetlands Protection Act. � Thevehure, work on this project may not goforward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A � description of the specific information which is lacking and why it is necessary is attached to this Order as per 310CK0FL1D.D5/8\(o). � 3, H Buffer Zone Impacts: Shortest distance between limit ofproject ~40'moi| disturbance and the wetland resource area specified in310CK8R10.O2(1)(a) dsbxb Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted � Alteration Alteration Replacement Replacement � 4. [] Bank -a]�6ar �-- /e TE�e�f�t -- �]me",a'r n��-- ddj��-t....... S. [l Bordering � Vegetated Wetland m.square feet h.square feet r.square feet d.square feet 0. El Land Under � VVeharbodiesond m.square feet k square feet c.square feet 4.square feet Waterways o.n/ydredged Lc/ydredged � r. Fl Bordering Land � Subject toFlooding u.square feet b.square feet o.square feet d.square feet Cubic Feet Flood Storage \�"m�j��—� ��m��[-- g.cubic feet ».Cubic feet � n. Fl |oo�a�od Land � -- � Subject toFlooding e.square feet h.mquare fee Cubic Feet Flood Storage � -c—cux6ic��J — d.cubic feeT-- -e��6fic-"feet-- f.cubic fee{--' 8, El Riverf/untAn*a 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 Sqft between 100- 2OOA 0.square feet h.square feet L square feet j.square feet "r"*v"5.doc'rev m1mzmo Page omm � 4 � Massachusetts Department mf Environmental Protection Provided ovmmmeocr: Bureau of Resource Protection - Wetlands 242-1874 �� Order � ^� �~�~ w�n �� Form �� -- ��^�&�� n ��K�v�U��ons Massachusetts Wetlands Protection Act K8.G.L. C. 131` G4O oospTmnaomiunw ^ � North Andover � City/Town � � B. Findings (cont.) � Coastal Resource Area Impacts: Check all that apply below. (For Approvals On|W Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1O [] Designated � Indicate size under Land Under the Ocean below Areas ' 11� Fl Land Under the Ocean m.square feet h.square feet 1z Indicate size under Coastal Beaches and/or(�oaeba| Ounen � �Fl� Barrier Beaches below 18. [] Coastal Beaches `-yd `` yd a.square feet b.square feet c.nourishment d. nourishment 14. [l Coastal Dunes xud ou yd a.square feet b.square feet c.nourishment d. nourishment 15 Coastal � �F7� a. lineaFfeet-- lb. linear feet-- 10. Fl Rocky intertidal Shores o.square feet b.square feet w, Fl Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. Fl Land Under Salt Ponds m.square feet b.square feet o.my dredged d.my dredged 19. F1 Land Containing Oha||Uoh a.square feet b.square feet o.square feet d.square feet oO. Fish Runs Indicate size under Coastal Banks. Inland Bank, Land Under the Ocean, and/or inland Land Under VVaherbodieaand Waterways, above a.c/y dredged b.c/y dredged 21. Fl Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. [l Riverfront Area a.total sq.feet b.total sq.feet Sqft within 108ft c.square feet d.square feet e.square feet f,square feet SqM between 1O8' 280k g.square feet h.square feet L square feet j.square feet =m^umudoc'rev o1mzmm Page 4mm � 4 Massachusetts Department of Environmental Protection Provided bymmumosp: Bureau of Resource Protection - Wetlands 242-1874 �� Conditions �nu �� Form *^ �� ov�� o ��"�U�Uons Massachusetts Wetlands Protection Act &U.G.L. c. 131` O4O *oep Transaction# � North Andover � City/Town B. Findings (cont.) � "#23 If the 23 Restoration/Enhancement pnim��kr � ��l� the purpose n[ � md»h or enhancing a.square feet u/ov"" u.square feet v/salt marsh � Wetland resource area 3*, [] Stream Cvnsaing(s): � in addition N / the square | footage that u. number m new stream crossings u .mx/mem/opacm/xxxuvu*xuvxmwu � has been � C. General Conditions Under Massachusetts Wetlands Protection Act � entered in SooUvn8.S.v (BVVV)or � The following conditions ��U pp projects. 'eotm 81/o�ah ' .-` � Marsh)above, 1� Failure h000m�vw�haUoond�mla stated hen*�. and vvhhaU �b redstatutes and other � please enter comply the additional regulatory measures, shall be deemed cause tn revoke or modify this Order. amount here, 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. | 3. This Order does not relieve the permittee or any other person of the necessity of complying � with all other applicable federal, shaha. or local sta8uhao, ovdinanoen, by|avxa, or regulations. | 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either ofthe following apply: � a. The work isa maintenance dredging project eoprovidedforintheAot; or | b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid � for more than three years, the extension date and the special circumstances warranting | the extended time period are set forth asa special condition im this Order. � o. |f the work im for e Test Project, thiaOrdarofConUiUonumha|lbevm|idfVronn0nrnthan � one year. � / 5. This Order may be extended by the issuing authority for one or more periods of up to three � years each upon application to the issuing authority at least 30 days prior to the expiration � date of the Order. An Order nf Conditions for a Test Project mayboextendedfurone ! additional year only upon written application hythe applicant, subject to the provisions of31O � CK4R 10.05(11)ft S. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project ahmUbedennfiU. Any0| ahmUconbainnobash' refuee, rubbioh, or debris, including but not limited to lumber, bhoka, plaster, vira, laUl, paper, nmrdhoand, pipe, hrea, aohes, nehiganahora, motor vehicles, or parts of any of the foregoing. °v"wrrn5.000'rev e181mm Page o"r1u 4 � Massachusetts Department mf Environmental Protection Provided»vMassoEP: � Bureau of Resource Protection - Wetlands 24271-87411111- �� Order � Conditions �mm w� Form � �~ "�� n "��K��uU�Uons � Massachusetts Wetlands Protection Act M.G.L. C. 131. §4O ........ -- North Andover � ityrrown C^ General Conditions Under Massachusetts Wetlands Protection Act � � � 8. This Order kanot final until all administrative appeal periods from this Order have elapsed, � or if such an appeal has been haken, until all proceedings before the Department have been completed. Q. No work shall be undertaken until the Order has become final and then has been recorded | � in the Registry of Deeds or the Land Court for the district in which the land in |ucahad, 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 nar-ne of the owner of the land upon � which the proposed work is to be done. In the case of the registered land, the Final Order � shall also be noted on the Land Court Certificate of Title of the owner of the land upon � which the proposed work is done. The recording information shall be submitted to the � Conservation Commission on the form at the end of this Order, which form must be � stomped by the Registry of Deeds, prior to the commencement of work. % A sign shall be displayed at the site not less then two square feet or more than three � square feet in size bearing the words, � � "Massachusetts Department of Environmental Protection" [or, "MassDEP] � "File Number 242-1874 " � 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 K4maeDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate ofCompliance(VVPAForm8A\ hoth� Conn�rvationConmmi�eion. � ` ' � 13. The work shall conform to the plans and special conditions referenced in this order. � 14. Any change to the plans identified in Condition#13 above shall require the applicant to � inquire of the Conservation Commission in writing whether the change is significant enough � tu require the filing ofa new Notice ofIntent. � 15� The Agent or members of the Conservation Commission and the Department cf � Environmental Protection shall have the right b)enter and inspect the area subject tnthis 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 if) control of the property Subject to this Order and to any contractor or other person performing work conditioned by this Order. w*am'mxmm'rev m,o/2mn Page o"/10 / 4 Massachusetts Department of Environmental Protection Provided uyMa ooEp: Bureau 0f Resource Protection - Wetlands 242-1874 MausocpFi|e# �� Conditions �mo w� Form � — ,�n �u�� o `��N�Uons Massachusetts Wetlands Protection Act KA.G.L. o. 131, §40 moEp Transaction# � � North Andover Cilyfrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior ho the start of work, and |f the project invo|vmmvvorkadiacenthuaBordmringVege(ated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in aweUand or water body. During oonstruoUon, the applicant or his/her designee shall inspect the erosion controls nna daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and ahm|| also immediately notify the Conservation Oommimsion, 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. % The work associated with this Order(the "Project") (1) M ia subject bo the Massachusetts StornlwxaberStandards (2) [] |s NOT subject tothe Massachusetts StormwaherStandards |f the work im subject to the Stnrmnxvmtnr Standards, then the project|souhimcttqtho following conditions: a) All work, including site preparation, land diaturbanoo, 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 by5tormvvater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BKAPm) oheU remain in place until the site ia fully stabilized. h) Nuak)rmwaber runoff may be discharged to the post-construction atonnwaherBMPe unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period Bk8Pm intended tnbaconverted 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; ii. as-built final construction ByWP plans are included, signed and stamped by Registered Professional Engineer, certifying the site |m fully stabilized; N. any illicit discharges to the stormwater management system have been removed, as per the requirements VfStormwaherStandard 10; v,pafo,"a.000'rev 51momu Page r*1` � 4 Massachusetts Department of Environmental Protection Provided uvMomooEp 1874 []UPe@U0f ��8G0UFCeF�P3feCtiOD - W�'fl8DdS 242- xxavnmePri|o� �� Order � �� «0^�^ � �wn x� Form � �� =x�� o ~��uUu�ons � Massachusetts Wetlands Protection Act W1.G.L c. 131. 840 eoEpT�pnumivnoILI � _ North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (CoDt.) A/ all post-construction sto/nnwoUar BN1Psana 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 forBKAPmaintenance. 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 Storrnwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&K8P|an") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of � Compliance, and � ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Sbzrnlwnabsr Pollution Prevention Plan. � � U) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e\ Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each HK8P. To overcome this presumption, the landowner of the property Must Submit to the issuing authority a legally binding agreement ofrecord, acceptable to the issuing outhohty, 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 ofConditions 18(0through 18(k)with respect(o that ByNP. Any failure ofthe proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. |n the case ofotorolwatmrBK8Pa that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the st0[OAvmaior BMPa. A plan and easement deed that grants the responsible party access ho perform the required operation and maintenance must be submitted along with the |aOm||y binding agreement. f) The responsible party shall operate and maintain all stornnvvaterBN1Ps in 000nn]ance with the design plans, the O&M Plan, and the requirements of the Massachusetts GtormvvaterHandbook. 4 � Massachusetts Department mf Environmental Protection Provided uyMamaoEp: 2421874 []UFe8UOfF{8soU[CB �»D3te{tiOO - V�8tl3OdS - Mu"uosPnmw �� Order � �� .�. mmo ^� Form � —~ ��u�� u `��^Uons � Massachusetts Wetlands Protection Act K0.G.L. O. 131. G4O emepnmowctinn# North � � C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) gl Th� m*aponoib|� padYoh�||� | ^ � 1. Maintain an operation and maintenance log for the last three (3) onnoenuhvo calendar years of inspections, repairs, maintenance and/or replacement ofthe stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal |000Uom); � 2. Make the maintenance log available hoN1oae0EP and the Conservation | � Cornmimakm ("Connmismon^) upon request; and | 3. Allow members and agents of the K8aseDEP and the Commission to enter and � inspect the site to evaluate and ensure that the responsible party is in compliance � � with the requirements for each BK8P established in the O&M Plan approved by the � issuing authority. � h\ All sediment or other oontyninonb; ramovadhonoabonnvvaterBK4PashaUbediapomed of in accordance with all applicable federal, state, and local laws and regulations. � i> Illicit management as in 310 CK0R 10 O4 � ' . � are prohibited. � The � ^'0 � 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 |n the MoeaDEP Shormvvober Handbook, Volume 3, Chapher1. Low Impact Development Site Design Credits) shall not be altered without the prior written approval nf the issuing authority. |> Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. � Any fencing constructed around stormwater BMPs shall include access gates and shall be et least six inches above grade hn allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach o text � � document): � � � � � 20. For Test Projects subject to31OCPNR1O.O5(11). the applicant shall also implementthe monitoring o|on and the restoration plan submitted with the Notice of Intent. If the conservation commission ur Department determines that the Test Project thnaebansthe � public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent o,modify the project audireobedbviheoonsarvoUon commission ur the Department. ~v°m,m5.*oc'rev 51`mc02u Page,oo/10 4 Massachusetts Department of Environmental Protection Provided hymam»nEp: 242'1874 Bureau Of Resource Protection - Wetlands �� Order � �� ~�~ ��o �� Form � ~� .�� n "��U�Uons p�assachusettsVVeUondsFzrotentionAct K8.(�.L. c. 131, G4O eDGPTmnoo^��n4 North Andover Oi�� mwo � D. Findings Under Municipal Wetlands Bylaw or Ordinance t |aa municipal wetlands bylaw or ordinance applicable? 0 Yes Q NO 2, The NorthAnduvor hereby finds (check one that aooies): Conservation Commission e. [] Naitheprop000dvvorkoenncdbauVnditionedh) meattheabandardsuethodhina municipal ordinance or bylaw, specifically: | 1.Murlicipal Ordinance or Bylaw 2.Citation -- Therefore, work on this project maynntgohunwandun|emsendund| apev|amdNodoeof � � Intent is submitted which provides measures which are adequate to meet these � standards, and m final Order Vf Conditions iaissued. � b. M that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North A U Wetlands Protection B | ions.- Chap. 190 1.Municipal Ordinance urBylaw et. seq. i 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 oondibonona|sdinUhomunio|po] ordinanceorbv|awanamnfo|lovvs (ifynuneed more space for additional conditions, attach o text dncumenU: � � North Andover Conservation Commission Findings & Special Conditions (see attached) � wpaforrnumm'rev on812mo Page mofm ' 4 Massachusetts Department of Environmental Protection Provided hyMuuosp lD?4 Bureau of F�eSOW[c8Protection - V\et\8DdS 242- K��J� �� ^� � Conditions --'-- File � �px ^� Form � �� ~�n �� `��U�Kons � Massachusetts Wetlands Protection Act M.G.L. c. 131, §4O � North Andover CityfTown E. S.gnatures This Order im valid for three years, unless otherwise specified oomspecial condition pursuant to General Conditions#4.from the date cfissuance. 1.Date ofIssuance Please indicate the number o(members who will sign this form. This Order must ba signed bya majority of the Conservation Commission. z.Number ufSigners The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Pr ntedNa me Sign ure Sig�Ure Printed Name Signature Printed Name 1511 omoum/x ~~ Printed Name Signature Printed Name Signature Printed Name El/by h ndde|ivery on bv certified mail, return receipt requested, on 4 � � Massachusetts Department of Environtnenta| Protectipm Provided by MassIDEP: � 242-1874 Bureau OfResource Protection - Wetlands Mu000spmva# �� Order � Conditions m�o ^� Form � —~ '�� u �~��UuUons Massachusetts Wetlands Protection Act K8.G.L. n. 131. §40 voepTmnoam/nnw --- North Andover F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate K0unaOEP Regional Office to issue o Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and e completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CKUR 10.03/7\vithin ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and tothe applicant, if he/she in 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 cf this project. Previoum participation in the permit proceeding means the submission ofwritten information tothe Conservation Commission prior to the close of the public heorinQ, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(W1.G.L. o. 131. §4O). and is inconsistent with the wetlands regulations (31O [|KAR1O.00). Tu the extent that the Order is based onamunicipal ordinance nrbylaw, and not on the Massachusetts Wetlands Protection Act Vrregulations, the Department has no appellate jurisdiction. vn"m,°s*='rev onv12mo Page 1xw1n | 4 Massachusetts Department of Environmental Protection Provided»vmoeosp Bureau of Resource Protection - Wetlands 242-1874 ��& � � Order � Conditions � mmv r� Form ~x -- ��K�� o ��K�v��^�ons Massachusetts Wetlands Protection Act K8.G.L. c. 131, §40 eoEp Transaction w ILI North Andover | CityfTown � G~ Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case ofrecorded land, the Hno| 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 bo the Conservation Commission listed below. | / North Andover � ~~'`~'~~'~'^~~^^^~`~^ Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. � -------------------------------------------------------- 'o: North Andover Conservation Commission Please be advised that the Order nf Conditions for the Project ot � 315 Turnpike 8t t 242-1874 rn46otumamn Mooau Ern/owumomr � � Hmsbeenreconjodct the Registry Vf Deeds of: Northern Essex Coumy -Book Page � Merrimack College � for: P . roperty Owner � and has been noted in the chain of title uf the affected property io� � � 38 329 |n accordance with the Order of Conditions issued on: October 18 2023 � � Date |f recorded land, the instrument nurnber identifying this transaction is: � If registered land, the document number identifying this transaction is: DEP FILE # 242- 1874 315 Turnpike Street-Merrimack College Current Project ject Site Conditions: The project site is located at the southeastern end of Duane Stadium on the Merrimack College campus located at 315 Turnpike Street, The project area consists of maintained lawn areas adjacent to the stadium and associated track surface. Bordering vegetated wetland is located to the south of the work area. The NACC agrees with the delineation of the following wetland resource areas as reflected on the approved plan. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. a. Bordering Vegetated Wetland (BVW) - Wetland Series WF3450453 & WF3- 154A-154F b. 100-Foot Buffer Zone to BVW c. The project does not lie within NHESP Priority Habitat or within 100 feet of vernal pools d. The project does not occur within the 100-year floodplain e. The project does not occur within 200-Foot Riverfront Area Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 21. The proposed work includes: install a 36x 21' video display board for Duane Stadium. The board will be mounted on a below-grade, reinforced and cast-in-place concrete footing that spans 11' x 32' -footing will be just outside the 50' NBZ. From this footing, three (3) X-C' x 3'-6" concrete pedestals will extend up approximately 6" above grade to support the steel vertical beams to which the board will be mounted. Electrical conduits will be provided via new conduit from the existing Athletics Center and a new 4'x7' electrical pad will be installed outside the 50' NBZ. A shallow trench, approximately 18" wide by 24" deep, will be dug using a mini-excavator in which the conduit will be placed. The trenches shall be backfilled and restored to the existing conditions. Waiver Request Details: Proposed work is fully within previously disturbed grassy portions of the 50' NBZ. Work within the 50' NBZ includes oDisturbance to access the site 315 Turnpike Street(Map 25 Lot 67)—Merrimack College Duane Stadium--DEP#242-1874 North Andover Conservation Commission Findings&Special Conditions Page I of 14 DEP FILE # 242— 1874 315 Turnpike,Street—Merrimack College oExcavation and trenching for board footings and electrical/telecommunications . conduit utilities. oFooting and electrical pad itself are outside the 50' NBZ After review and consideration, the NACC determined that work of this nature is allowed within the 50' NBZ since no permanent structure will be installed within that zone and conditions within the 50' will be returned to pre-existing maintained lawn. 'Note: At its August 23, 2023 meeting, the North Andover Conservation Commission (NACC) reviewed and discussed the Small Project Permit Application submitted by VHB on Merrimack College's behalf. The project proposed installation of a new video scoreboard at Duane Stadium off Cullen Avenue on campus. The scoreboard will require an 11' x 32' x 3.6, concrete footing below grade with rebar and concrete pedestals for support and associated electrical. The work to take place within the 100-foot buffer zone to bordering vegetated wetland. After review, the NACC voted to deny the application as it determined that the project did not qualify for a Small Project Permit process since the conditions required to properly protect the resource areas froze the work were too extensive. The NACC concluded that a Notice of Intent would be necessary. At its September 13, 2023 meeting during the initial public hearing relative to a Notice of Intent, DEP File #2424874, for a proposed video board at Duane Stadium, the NACC reviewed and discussed the project with you and your consulting engineer Jeff Koetteritz of VHB. During discussion it came to light that the college had commenced work on this project, consisting of excavation for the video board footing, without any permits having been obtained from the Conservation Commission or the Building Department. According to C. 190.2 of the North Andover Wetland Protection Bylaw, "No person shall engage in the following activities: removal, filling, dredging, discharging into, building upon, or otherwise altering or degrading the wet-land resource areas..." including any 100-foot buffer zone (see also Wetland Protection Act(WPA) Regulations 31.0 CMR 10,55), without written approval by the North Andover Conservation Commission (NACC). The NACC determined that the excavation undertaken constituted a violation and voted to suspend its review of the NOI and after further discussion and consideration, the NACC then unanimously voted to issue this Enforcement Order and assess fines of$100 per day beginning on the day of submittal of the Small Project Permit application (August 16, 2023) and ending through the date of the first NOI hearing (September 13, 2023) as penalty for unpermitted work, totaling$2,900. On September 26, 2023 the full fine was paid. The Commission resumed its review of the NOI at its October 11.., 2023 meeting. 22. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: C/O Jeffrey Doggett 315Turnpike Street(Map 25 Lot 67)-.-Merrimack College Duane Stadium—DEP 112,12-1874 North Andover Conservation Commission Findings&Special Conditions Page 2 of I Ll DEP FILE # 242— 1874 315 Turnpike Street—Merrimack College Merrimack College 315 Turnpike Street North Andover, MA 01845 Project Representative: VHB, Inc. C/O Jeffrey Koetteritz 101. Walnut Street Watertown, MA 02472 Notice of Intent: WPA Form 3 and associated attachments Dated: August 30, 2023 Prepared by: VHB, Inc. Site Plans prepared by: VHB, Inc. "Duane Stadium Video Board, C1.0" Revision Dated 09/27/23 **To be further revised per Special Condition #37 below** Signed & Stamped by Jeffrey Koetteritz, PE Scales as Shown 23. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 24. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 25. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 26. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (31.0 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not 315 Turnpike Street(Mal)25 Lot 67)—Merrimack College Duane Stadium—DEP#242-1874 North Andover Conservation Commission Findings&Special Conditions Page 3 of 14 DEP FILE # 242— 1874 315 Ttimpike Street—Merritnack College in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the perniittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. The Conservation Department will be copied on any permits or approvals from the Army Corp of Engineers as part of the General Permit process. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty. days (30) prior to the expiration date of the Order, (Refer to Sectioii 83 of the North Andover Wetlaiid Regtilatims). 30. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 31. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25 ) No- Disturbance Zone and a fifty foot (50') No-Construction Zone is established from the edge of the adjacent wetland resource area as shown on the herein referenced plan, The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. 33. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. PRIOR TO CONSTRUCTION NONNI 000i 315 Turnpike Street(Map 25 Lot 67)—Merrimack College Duane Stadium—DE11#242-1874 North Andover Conservation Commission Findings&special Conditions Page 4 of H DEP FILE # 242 — 1874 315 Turnpike Street—Merrhiiack College 34. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 35. This Order shall be recorded by the applicant at the Registry of Deeds, in its entirety, immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be clone. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 36. A check payable to the Town of North Andover shall be provided in the amount of two thousand dollars ($2,000), which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before cornmencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local Bylaw. 37. The plan shall be further revised to include the followin g. elements, and submitted to the Conservation Department upon immediate availability: a. A native mitigation plant schedule (species, size, and quantity) and detailed plan view of the planting area slated for the area east of the proposed project construction entrance; b. "No Snow Stockpiling" signage to be installed in front of the mitigation planting area; c. The NACC does not approve of the proposed location of the clewatering BMPs as they would discharge directly into the closed drainage system that eventually discharges to a wetland resource area. The plan shall be revised to relocate the clewatering BMP's at a distance sufficiently distant from the existing catch basin, to be within a grassy area that will allow for adequate infiltration so as to avoid a direct discharge to the drainage system or wetland resource area. 315 Turnpike Street(Map 25 Lot 67)--Merrimack College Duane Stadium—DEP 11242-1874 North Andover Conservation Commission l,in(lings&Special Conditions page 5 of 14 DEP FILE #242 — 1874 315 Tunipike Street—Merriinack College 38. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall have the authority to stop construction for erosion control purposes and direct actions for rentedies. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 39. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from.the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and./or following a major storm events of 1/2" inch of rain or greater (24. hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 40. Wetland flagging shall be checked in the field prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 41. At a minimum, erosion control shall consist of 12" mulch sock staked and backed staked, entrenched siltation fence shall be installed as shown on the herein referenced plans and as determined necessary by the NACC or its agent. The erosion controls will be properly installed and placed as shown on the plans approved and 315 Turnpike Street(Map 25 Lot 67)—Merrimack College Duane Stadium—IN'T#242-1874 North Andover Conservation Commission Findings&Special Conditions Page 6 of 14 DEP FILE # 242— 1874 315 Turnpike Street—Merrimack College referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's or Agent's request. 42. All existing catch basins within 100' of the work shall be protected by silt sacks to prevent sediment from entering the drainage system. Silt Sacks or other catch basin protection shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this Order have been permanently stabilized and the NACC and/or Conservation Department has formally approved their removal. 43. The construction entrance shall be prepared and properly installed per the detail on the approved plan set. 44. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, 50 feet of additional mulch sock with sufficient staking, protected from the elements. Said erosion control shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 45. In time for the pre-construction meeting, all dewatering BMP's shall be installed on site and ready for inspection. The erosion control monitor shall oversee dewatering activities to ensure proper execution and protection of wetland resources and the existing closed drainage system. 46. Prior to construction, the applicant shall permanently mark the No Disturb Zone along the BVW on the existing fence with wetland markers, installed at roughly 35-foot intervals, totaling 10 (ten) markers, and in consultation with the Corrunission or designated agent, bearing markers reading: "Protected Wetland Resource Area" at a ratio of one square marker for every three round markers. This will designate the wetland resource sensitivity and assure no further inadvertent encroachment into the wetland. Prior to installation in the field, the placement of these permanent markers shall be subject to review and approval by the Conservation Administrator. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in 315 Turnpike Street(Map 25 Lot 67)—Merrimack College Duane Stadium—DEP 112,12-1874 Noilh Andover Conservation Commission Findings&Special Conditions Page 7 of H DEP FILE N 242— 1874 315 Turnpike Street—Merriinack College perpetuity. Said markers are available for purchase in the Conservation Department at Town Hall. 47. A sign shall be displayed visible from traveled ways, not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1874." 48. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21. days of the close of said public hearing the NACC will issue all amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 49. It is the responsibility of the applicant, owner, and/or successor(s), contractors and/or agents to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 50. In time for the on-site pre-construction meeting, the contact list for all responsible parties for site development and monitoring phases shall be provided to the Conservation Department. Contact list shall include names, role, cell and office phone numbers, mailing addresses and. email addresses. 51. In time for the on-site pre-construction meeting, the applicant shall submit to the NACC or its Administrator for review and comment, a detailed work schedule/sequence of construction. 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above-nientioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the engineer,wetland scientisymonitor and the applican to ensure 315 Turnpike Street(Mal)25 Lot 67)—Merrimack College Duane Stadium--DET#242-1874 North Andover Conservation Commission Findings&Special Conditions Page 8 of`lit DEP FILE # 242— 1874 315Turtipike Street—Merriinack College that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 56. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report. 57. Associated pavement and roadways shall be swept daily or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 58. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the 315'rurnpike Street(Mal)25 Lot 67)—Merrimack College Duatic Stadium—DEP#242-1874 North Andover Conservation Commission Findings&Special Conditions Page 9 of 14 DEP FILE # 242— 1874 315 ,rurnpike Street—Merrimack College foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness -whichever is most applicable as determined by the Conservation Conu-nission or its staff. 59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or foamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 60. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical) unless otherwise shown on the approved plan set. Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 61. There shall be no stockpiling of soil or other materials within one hundred 25 feet of any resource area. Stockpile locations for all erodible materials (stone/soil) shall be confirmed at the pre-construction meeting. All stockpiled material shall be contained within erosion controls, and at the Conservation Administrator's direction surrounded by separate erosion controls if deemed necessary. Excavated material not suitable for re-use shall be trucked off-site. 62. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 63. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 64. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 65. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 1.00 feet of a resource area. 315 Turnpike Street(Map 25 Lot 67)-Merrimack Col leg Duane Stadium-DE11 9242-1874 North Andover Conservation Commission Findings&special Conditions Page 10 of 14 DEP FILE # 242— 1874 315Turnpike Street—Merrhuack College AFTER CONSTRUCTION 66. The mitigation planting area shall be left to naturalize without being subject to intensive conventional landscaping maintenance (i.e. mulching, pruning etc,..). 67. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of theTown's Wetland protection Bylaw. 68. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of theTown's Wetland Protection Bylaw and shall remain in perpetuity. 69. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland, 70. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone, This condition shall remain in perpetuity. 71. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by foaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 72, 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. 73. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a, WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner, d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. 315'Turnpike Street(Map 25 Lot 67)—Merrimack College Duatie Stadium—DEP#242-1874 North Andover Conservation Commission Findings&Special Conditions Page 11 of 14 DEP FILE 9 242— 1874 315 Turnpike Street—Merriinack. College e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan of the new portions of the sewer pipes and pump station shall be prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area, Specifically, "As-Built" plans should include inverts of all drainage structures above and below grade (also to be provided in table format), and an engineer's certification that the drainage system has been constructed and is functioning in accordance with the approved design. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone then the entire structure must be depicted to accurately verify compliance. "As-Built" post-development elevations and grades of all filled or altered wet-land resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 74. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); 315 Turnpike Street(Map 25 Lot 67)--Merrimack College Duane Stadium—DEP fl242-1874 North Andover Conservation Commission l,in(lings&Special Conditions Page 12 of 14 DEP FILE # 242 — 1874 315 Tur►ipike Street—Merrimack.College Wetland markers (Condition#46); Discharge or spillage of pollutants (Condition#65); Mitigation plantings area to naturalize (Condition #66); Prohibition of underground fuels (Condition #67); Limitations on the use of fertilizers, herbicides, pesticides and deicing chemicals (Conditions #68 & #69); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition #70). 315 Turnpike Street(Mal)25 Lot 67)--Merrimack College Duane Stadium—DEP 11242-1874 Not-Ili Andover Conservation Commission Findings&Special Conditions Page 13 of 14 DEP FILE # 242— 1874 315 Turnpike Street—Merrimack College APPENDIX A- AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (]'[,EASE CHECK AT"LEASTONE BLOCK) 1. 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions...................................................................... have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File #) and every condition which has been set forth in said Order of Conditions, 4. 1 hereby affirm and acknowledge that on this—,day of 20 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File #) Signed under the pains and penalties of perjury this—day of ..—20.--..---. (Signature-authorized agent of applicant or owner) 315 Ttirnpike Street(Map 25 Lot 67)—Merriniack College Duane Sta(liuni—DEP#242-1874 North Andover Conservation Conirnission Fiticlitigs&Special Conditions Page 14 of 14