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Home My WebLink About242-1882, 350 Winthrop Avenue OOC - Permits #242-1882 - 3/7/2024 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1882 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information Please note: North Andover this form has 1. From: --------------- been - -------_. modified Conservation Commission with added 2. This issuance is for space to a.® Order of Conditions b.❑ Amended Order of Conditions accommodate (check One): the Registry of Deeds 3. To: Applicant: Requirements Normand Martin a.First Name b. Last Name Important: When filling DSM Realty, Inc. out forms on c.Organization the 881 East Street computer, _..___._____._._.__._.___.._........... .....----------- use only the d.Mailing Address tab key to Tewksbury MA 01876 move your e.CityfTown f.State g Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. c/o Normand Martin rah a.First Narne b. Last Name Delta MB, LLC c/o Demoulas Super Markets, Inc. c.Organization 875 East Street d.Mailing Address Tewksbury MA 01876 e.City/Town f.State g.Zip Code 5. Project Location: 350 Winthrop Avenue North Andover --- _..._ _ ._........ __ _........... a.Street Address b.Cityfrown Maps 27/Map 26 Lots 27, 30 & 31/1-ots 6, 8 &9 c.Assessors Map/Plat Number d. ParcellLot Number Latitude and Longitude, if known: 42d68m403s -71d13m528s d.Latitude e Longitude wpa(orm5.doc rev 511812.020 Page 1 of 13 | � 4 Massachusetts Department nf Environmental Protection Provided»yMeeomep: Bureau Of Resource Protection - Wetlands 242'1882 �� ~*~ �mu �� Form ~, �� nv�� u ��v��^�ons Massachusetts Wetlands Protection Act M.G.LC. 131' §40 ooEr Transaction# North Andover Cityrrown A. General Information (COni.) O. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): NothernEsnax a.County b.Certificate Number(if registered land) 14088 27 c.Book d. Page Daoemober18 2023 February 28 �O24 March7 2024 7. Dates: a.Date Notice ofinte b.Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan for Redevelopment of North And Mall (350 Winthrop Avenue)26 Sheets a.Plan Title RJ(}'ConneU &Aomocu� BhanDundon PE & K8a�hewLow PLS . repared By c.Signed and Stamped by 02-19-24 As noted Final Revision Date e.Scale See Attached List of All Approved D and Plans 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 Ant). Check all that apply: o �� Public b �� Land o� Prevention of �~ � �� Pollution d �� pr|vobeVVobar�upp|y e �� Fisheries [ 0p»oteution of � .. � �� Wildlife Habitat 8. KU Groundwater Supply h. 0 Storm Damage Prevention i. 0 Flood Control c. This Commission hereby finds the project, onpn)puaed. is: (oheckoneufthefuUmwinghnxen) Approved subject to: *. 0 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 mndih/ordifferhnnnthep|onm. mpen|O�atioxm. oro�har � ' � proposals submitted with the Notice of Intent, these conditions shall control. | / � � / °p°mm6voc`rev oxoou20 Page oum 4 K8asnmnhusathaOapm�noenLmf Environmental Protection pm«�eubYmo» �sp� | 242'1883 Bureau Of Resource Protection - Wetlands �� K� �� v� � Conditions �� u �� Form ~� -� ��uv�K�� n ��^��^�ons M�ee�uhumett� VVet|�mduP[O��otiVnA�� yW.G.L �. 131' �4O mo�prmnoacounw North Andover B~ Findings (cont.) Denied because: b. Fl the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefnna, work on this project may not go forward unless and until a new Notice of Intent |s 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. [] 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 maynntUoh>nwordun|aamandunti|arevioedNuhceof 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 Pf the specific information which lslacking and why itis necessary is attached tm this Order as per 310CK0R18.O5<6\(o). 3. M Buffer Zone Impacts: Shortest distance between limit ofproject ~1' disturbance and the wetland resource area specified in31UCN1R1O.O2(1)(o) m.|i near feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration A|baroUnn Replacement Replacement 4 Bonk� �[l� a.linear feet-- -- c.nnea,feet �- .d.linear feet �- 5. [l Bordering Vegetated Wetland o.oquomfeet 'b.square"feet c.square feet d.square feet O. Fl Land Under VVeterbndies and a.square feet quare feet c.square feet d.square feet Waterways r. M Bordering Land 429800 Subject to m.square feet b.square feet o.mqummfeet d�equmnafeo4 62.5oo net gain Cubic Feet Flood Storage e.cubic feet_ f.cubic feet_ g.cubic feet h.cubic feet _ 0. F� Isolated � �� | Subject to Flooding a.square feet b.square feet � Cubic Feet Flood Storage �.c�[1G7�»-- ��b1c,��-- 'e.'Cubic feet �� f.cubic feet � �� — 9 2�430O u84.�80 | �� Rk/erkon�Anaa a��|oq��e b�N�|aq��e ' 113300 i13�VOc.square feet .square fe-af feet f.square feet � Sqhwbh� 10O� Sqft between i00- 151,000 151.000 200ft Q.square feet b.square feet |.square feet j.square feet 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1882 MassDEP File# LAI PA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eaEP Transaction# North Andover City/Town B. Findings (cons.) Coastal Resource Area Impacts. Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11, ❑ Land Under the Ocean a,square feet b.square feet c,c/y dredged d.c/y dredged 12, ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet 'c. nourishment d. nourishment 14, ElCoastal Dunes cu yd cu yd _ .- a.square feet b.square feet c. nourishment d. nourishment 15. ❑ Coastal Banks .. a linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes ..._.......... a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 1g. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above ......... .... ...... _ _._..... ....------.._ a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c,square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc•rev 5118/2020 Pare 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1882 MassDEP File# Lei WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction dt North Andover City/Town B. Findings (cons) p©23. If the 23. ❑ Restoration/Enhancementjec the purpose of restating or enhancing a a.square feet of BV b.square feet of salt marsh wetland resource area 24. ❑ Stream Crossing(s): in addition to the square _._.. ... _........ . .......... ..._..,. footage that a.number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVw)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional g y y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work is a maintenance dredging project as provided for in the Act; or b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(0. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. wpaform5.doc•rev 5/18/2020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1882 WP'A Form 5 ® ®rder of Conditions -MassDEPFi�e# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,. the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1882 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doo rev 6118/2020 page 6 of 13 4 Massachusetts Department of Environmental Protection Provided b*Ma«aoEP: Bureau Of Resource Protection - Wetlands 242-1O82 �� Order � o� ��~�~ mm" x� Form � ~— "�� n ��D��U�Uons Massachusetts Wetlands Protection Act K4.(3.Lc. 131, §40 *oepTmnoomivo# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior ho the start ufwork, and if the project involves work adjacent to a Bordering Vegetated Welland, 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. Adno time shall sediments be deposited in m wetland or water body. During oonshu(tion, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments oa needed. The applicant shall immediately control any erosion problems that occur e[the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the"Project") M> is subject ho the Massachusetts ShnnnvmaharStandards (2) im NOT subject hn the Massachusetts StormvvoterStandards |f the work io subject tm the Stmrnmxveter Standards,then the project iesub|eottuthm following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the 8burmvvahyr Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required byGhormmxshar Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BK8Ps) shall remain in place until the site is fully stabilized. W No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i all construction period BW4Pn have been removed or will be removed bya date certain specified in the Certification. For any construction period ByWPn intended bobeconverted 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 BW1P 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 BMP plans are included, signed and stamped by a Registered PpohaesiVnu| Engineer, certifying the site is fully stabilized; � 0l any illicit discharges to the ohormvvehermanagement system have been removed, asper � the requirements of8tornnvvoterStandard 10; � � � vpwvrrnxx" `"evmnoumv Page,mm � 4 Massachusetts Department of Environmental Protection Provided uyMaosoep: Bureau of Resource Protection - Wetlands 242-1882 �� Order � Conditions ��u ^� Form � �� v��m*�� x `��uU�Uons Massachusetts Wetlands Protection Act K8.G.L. C. 131, G40 poEPrmnm*mVon� North Andover �/u� vwv C. General Conditions Under Massachusetts Wetlands Protection Act (CVDt] k/ all post-construction ntornnvvaber BN1Ps 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 13MPs is suitably established to withstand erosion. o) 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 rO&K8 Statement) for the OhurmwatorBMPa identifying the party responsible for implementing the nturnlwaterBN1P Operation and Maintenance Plan ("O&M P|an")and certifying the following: i.\the()&KA Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance, and | |ii) the future responsible parties mhoU be notified in writing o/their ongoing legal responsibility to operate and maintain the ebo[[nwahe[management BK8Ps and ' implement the StVrmwaher Pollution Prevention Plan. � d\ Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormvvater Report and, if applicable, the 8hornnvvobar Pollution Prevention Plan required by � the National Pollution Discharge Elimination System Multi-Sector General Permit. ! e\ Unless and until another party accepts responsibility, the (mndowner, or owner of any drainage easement, oaeunnes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property Must Submit to the issuing authority a legally i binding agreement ufrecord, acceptable to the issuing authurity, evidencing that another � entity has accepted responsibility for maintaining the 8K8P, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements ofConditions 18(f) through 18(h)vvith respect to that BK8P. Any failure ofthe proposed responsible party to implement the requirements of Conditions 18(f) through � 18(k\vvi�b n*�p�cih) th�� BK8P�hu|| be ' ` ' | of Compliance. In the oeno ofsh»rnlwater 8W1Po that are serving more than one lot, the ! legally binding agreement shall also identify the lots that will be serviced by the stormwater ! 13K4Pa. 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 � egnaennenL � 0 The responsible party shall operate and maintain all stormwater 13MPs in accordance with the design plans, the D&K8 P|an, and the requirements of the Massachusetts � Shzrn1woharHandhnuk. � «paform5.doc'rev m8/2020 Page omm 4 Massachusetts Department pf Environmental Protection Provided bYmussVEp: 2421OO2 BU[eGU Of Re&0U[Ce Protection - W8tlaUdS ' �� ^� �.�. ��u x� Form � — ~�n �� " ~��*�ons Massachusetts Wetlands Protection Act K4.G.Lo. 131` §40 nVsp Transaction# North Andover _,.._.. |�- ��emeym| [�0Qditi�»OsL�mderA8assachWse�� 8nd� ��rmtection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the uhurmvYatermanaOemnent system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal |000Uon); 2. Make the maintenance log available bo [WaeoDEP and the Conservation Commission y'CommiosiVn"> upon request; and 3. Allow members and agents nf the W1aesOEP and the Commission hn enter and inspect the site hz evaluate and ensure that the responsible party im |ncompliance with the requirements for each BMP established in the O&M Plan approved by the | issuing authority. � � h> All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the storrnwater management system as defined in 310 CMR 10.04 are prohibited. ' U The stormwater management system approved in the Order of Conditions shall not be | changed without the prior written approval of the issuing authority. � N Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval nf the issuing auNhorih/` |\ Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade h) allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subectio310CPWR1(lO5(11)' Ulea shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the � conservation commission or Department determines that the Test Project thnaohamsUle � � public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent nr modify the project aedinacbadbvUheoonsenunbon / commission or the Department. � 4 Massachusetts Department of Environmental Protection Provided byxassDEP: Bureau of Resource Protection - Wetlands 242-1882 �� .�~ L( I- mmn ^� Form � — .�" �� " `��UuUons K8maaaohuseUsVVet|andoPoteotionAct K8.(�.Lu. 131. G40 *me�Tmnomctiom# North /\nUovnr D, Findings Under Municipal Wetlands Bylaw or Ordinance i |so municipal wetlands bylaw or ordinance applicable? N Yee [] No 2. The North Andover hereby finds (check one that app|ieo): Conservation Commission u. El that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance orbylaw, specifically: Therefore, work nn this project nnsynotgofonman] un|ensandunU| areviVedNnUneof Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions iaissued. b� 0 that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North Andover Wetlands Protection Bylaw& Regulations Chap. 100 1.Municipal Ordinance orBylaw atge¢ 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 dooumenU: North Andove Conservation Commission Findings Special Conditions(see attached) | �i � � � � � | °vm"rrnn.du 'rev onmmn20 Page mmm 4 Massachusetts Department mf Environmental Protection Provided hyMeaocP: Bureau of Resource Protection - Wetlands 242-1882 �� «� � Conditions ...~~.~. File � ��" =m Form � �� Order ��u "��v��uU�� Massachusetts Wetlands Protection Act M.G.L. C. 131, 840 North Andover � E. Signatures This Order is valid for three years, unlessotherwise specified uoaspecial � �Z3-07 q condition pursuant bm General Conditions#4.from the date o/issuance. 1. Date nfIssuance Please indicate the number of members who will sign this form. This Order must bo signed byo majority mf the Conservation Commission. 2. Nvmb�'o[Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Sig natu Prirf�d Name 71 Sig�ature Name Sign Printed Name Signature Printed Name Ix gnature Printed Name Signature Printed Name �l by hand delivery on AA by certified mail, return receipt � ^ requested, on � ' Dmte Date � � � � � � � 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242 1ss2 M. LI "' assDEP File# WPA Form 5 Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransact1o� __...,.,._ North Andover City/Town F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Pee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. v✓paform5.do0-rev 5f1812020 Page 12 of 13 4 Massachusetts Department of Environmental Protection Provided uyMa *oEp: � 242-1882 � BU[8aU Of R8SOUrCe PR]teOfiDD -Wetlands � �� Order � o� �~�^ �P File# Ll mwo ^� Form � � "�� n ��D�K�� Massachusetts Wetlands Protection Act M.G.Lc. 131. §4D eoifPT ran uammnw North Andover G. Record~ng Information Prior h>commencement nf work, this Order of Conditions must be recorded inthe 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 Final Order shall also be noted in the Registry's Grantor Index under the name of the owner ofthe 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 Oebnohondotted ||ne. havaohamoadbvtheReoishyofDemdeandaubn)dbztheConsenxaUon Commission. -------------------------------------------------------' /o: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project ad: 350WinUhno Avenue 242'1882 Project Location MassDEP File Number Has been recorded et the Registry nf Deeds of: Northern Essex County Book Page Delta WB LLC c/o Oemou|~~ Super Markets, Inc. for Property Owner and has been noted in the chain nf title nfthe affected property in: 14088 27Page | In accordance with the (}/de/ofCondihone issued on: 03'O7'24 | | If recorded land, the instrument number identifying this transaction in: Instrument Number If registered land, the document number identifying this transaction is: uooumantNumber � � GNnature ufApplicant / / � °pafo"=odo 'rev enouom Page mmm 350 Winthrop Avenue - DEP FILE #242 - 1882 The North Andover Conservation Commission (hereinafter the "'NACC") sets forth the following findings of fact: Project Site Location: The subject property is approximately 41.8 acres in site located in the northwest quadrant of Town, at the Lawrence corporate line. The site is currently developed as a shopping mall (North Andover Mall) with one 235,980 sf building containing multiple tenants/businesses. The site currently has two driveway accesses to Winthrop Avenue along the western property line of the property. The parking lot servicing the Mall is located on the western side of the existing building, with the truck loading areas located off the eastern side of the building. An access drive encompasses the entirety of the existing building. The remainder of the site consists of grassed, wooded and wetland/resource areas that surround the site. The parcel is bound by Winthrop Avenue (Route 114), commercial uses to the south and west, and wetlands and residential property to the north and east. The site contains the following wetland resources which were reviewed on site by the Conservation Administrator in the company of Lucas Environmental wetland consultant, and the final site plans depict flag adjustments as requested by the Administrator based on field observations and site conditions: • Bordering Vegetated Wetland C Series - WFC1 - WfC21 at the southern end of the site • Bordering Vegetated Wetland A Series - WFAI, -WFA79 that wraps around the north and east sides of the site • Bordering Vegetated Wetland E Series - WFE1 - WFE11 - connects to Wetland A Series at the north west side of the site • Mean High Water of the Shawsheen River Series - RFA1 - RFA18 at the north west side of the site • Inland Bank of unnamed perennial stream flows to Shawsheen - B100 - B114 & 131 - B58 along frontage at Rt 114 • Land Under Water Bodies and Waterways is present within the Shawsheen River and the unnamed perennial stream. The boundary of LUWW was not delineated in the field as it is located within the delineated Bank of the streams. • Off Site Bordering Vegetated Wetland D Series on the west side of Route 114 - WFD1 - WFD9 • 100-Foot Buffer Zone • 200-Foot Riverfront Area associated with Shawsheen River and unnamed perennial stream • Bordering Land Subject to Flooding (100-Year Floodplain) - Elevation 33.6 NAVD88 350 Winthrop Avenue DEP File 11242-1882 NACC Findings&Special conditions Page 1 of 18 350 Winthrop Avenue -DEP FILE #242 - 1882 The 2021 NHESP atlas does not identify an area of estimated or priority habitat, potential or certified vernal pools on or near the project site. These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. Project Site Permit History The project site has been subject to previous permitting with the NACC, which includes the following: • OOC, DEP #242-270, August 1986 -construction of building, access drives and parking at the extreme southerly section of the parcel, wetland fill proposed - project never undertaken • OOC, DEP #242-578, f une 1992 - gas station site improvements. CofC issued 1993 • OOC, DEP #242-1077, June 2001 - installation of a chainlink fence at the south and north sides of the parking lot. A Trash.Management Plan was approved. CoC issued 2016 • OOC DEP #242-1442 October 2008 excavate petroleum impacted soils and remove underground waste water tank. CofC issued 2009 • OOC, DEP #242-1464, November 2009 - install dairy cooler structure. Work never commenced. CofC issued 2019 • OOC, DEP#242-1677, May 2016 - install new 4'x4' box culvert at southern entrance. CofC issued 201.8 • OOC., DEP #242-1745, August 2019 - daylight section of unnamed perennial stream and replace culvert at northerly access drive. CofC issued 2023 • RDA March 2019 - perform ADA improvements at store fronts Notice of Intent DEP File #242-1882 Procedural History: On December 18, 2023, the NACC received a Notice of Intent and associated attachments, stormwater management report, and site plans for proposed work at 350 Winthrop Avenue, Assessor Maps 27/26 Lots 27,30 &31/6, 8&9 respectively. The NACC held the public hearing at its January 10, 2024, February 1.4, 2024. and February 28, 2024 meetings. Horsley Witten performed a third-party stormwater peer review on behalf of the Town (for Planning Board & Conservation Cornmission). Horsley Witten provided its final review letter dated February 8,2024. At its February 28,2024 meeting, the NACC discussed and considered the applicant's request for a waiver to allow work to take place within the 25' NDZ and 50' NBZ. The NACC is of the opinion that the applicant demonstrated the burden of proof that no 350 Winthrop Avenue DEP Pile 11242-1882 NACC Findings&Special Conditions Page 2 of 18 350 Winthrop Avenue - DPP FILE #242 - 1882 alternatives are practicable that would relocate work outside these zones. Further the NACC finds that the removal of over an acre of impervious surface and the installation of stormwater management BMP's (where none exist currently) result in improved and enhanced conditions of the 100-foot buffer zone and receiving wetland resources. `The NACC voted to grant the waiver as requested and allow said work. At the same meeting,having received sufficient information, and these being no further need for supplemental information and no remaining questions from the NACC or the public, the NACC voted 5-0 (5 in favor, 0 opposed) to close the hearing and issue an Order of Conditions within 21 days. The NACC reviewed and amended a draft Order of Conditions that same evening, and voted 5-0 (5 in favor, 0 opposed) to the Order of Conditions, Findings of Facts and Special Conditions approving the project under the Massachusetts Wetlands Protection.Act and the North Andover Wetlands Protection Bylaw. Therefore, 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/approved plans 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: Renovations to two stores, Market Basket and Kohls which will exchange locations, and the relocation of existing rear loading docks in association with the tenant location exchange. Site improvements include the reconfiguration of the existing parking lot to provide better vehicular flow patterns and to increase landscape islands/open space. The proposed redevelopment will mostly match existing edge of pavement locations except in areas adjacent to the unnamed perennial stream, where the edge of pavement will be moved away from the stream by distances varying from approximately 5 to 70 feet. The removal of this portion of existing pavement and the addition of the proposed landscape islands will result in an overall decrease in approximately 54,650 square feet of impervious area. Proposed stormwater BMP's will treat to the maximum extent practical prior to discharge. Stormwater management improvements will include wet basins with sediment forebays, a water quality swale, new catch basins, hydrodynamic particle separators, trench drains and French drains. At the discharge point of the twin 36" RCP drain pipes WF's A75 & A76 has experienced significant erosion along the downstream embankment. The 350 Winthrop Avenue DEP Pile#242-1.882 NACC Findings&Special Conditions Page 3 of 18 350 Winthrop Avenue -DEP FILE #242 - 1882 applicant proposes to perform slope stabilization as shown on Plan Sheet C-8, Miscellaneous Details IV. The existing 4' chain link fence at the southerly end of the site shall be removed. and replaced with an 8' high black vinyl coated chain link fence. Portions of the proposed work will occur within Bordering Land Subject to Flooding, the 200-Foot Riverfront Area that is associated with the Shawsheen and unnamed perennial stream that runs along Rt 114, and the 100-Foot Buffer Zone to Bordering Vegetated Wetlands. Most of the site redevelopment within BLSF will result in a lowering of the existing grades resulting in a net gain of 62,500+/-cubic feet of additional flood storage between elevations 21 to 34. Compliance with the redevelopment Riverfront Regulations per 310 CMR 10.58(5) has been demonstrated. 22. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): • Notice of Intent: dated,with associated attachments, filed by: o Applicant: DSM Realty, Inc. 881 East Street Tewksbury, MA 01876 • Representatives: o Lucas Environmental, LLC 500A Washington Street Quincy, MA 02169 o RJO'Coi-sell & Associates, Inc 80 Montvale Avenue, Suite 201 Stoneham, MA 02180 o Record Site Plans: o "Site Plan for Redevelopment of North Andover Mall (350 Winthrop Avenue) North Andover" 26 Sheets, prepared by RJO'Connell & Associates, Inc., signed and stamped by Brian Dundon PE, Matthew Lowry PLS, Erik Bednarek RLA, revised to February 19, 2024 o Compensatory Flood Storage Existing &Proposed Plans revision date January 26, 2024 4 Stormwater Report Prepared (includes Stormwater Operation &Maintenance Plan)for DSM Realty, Inc. by RJO'Connell & Associates, Inc., signed and stamped by Brian Dundon PE,revised to January 26, 2024 350 Winthrop Avenue DEP File#242-1882 NACC Findings&Special Conditions Page 4 of 18 350 Winthrop Avenue - DEP FILE #242 - 1882 0 Other Record Documents: • Horsley Witten (HW) Peer Storinwater Review Comment letters dated January 16, 2024 and Feburary 8, 2024 • RJO'Connell & Associates Response letter to HW peer review dated February 5, 2024 • RJO'Connell & Associates response letter to Conservation Administrator comments dated February 5, 2024 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 (i.e. the project site as described above) 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 (310 CMR 10.00), the North Andover Welland Bylaw and Regulations, and may require any information, measurements/ photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 350 Winthrop Aventic DEP File#242-1882 NACC Findings&Special Conditions Page 5 of 18 350 Winthrop Avenge-DEP FILE, #242 - 1882 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 30prior to the expiration date of the Order (Refer to Section. 8.3) � of the Nortlz Andover Wetland Regulations). 30. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 31. Where the Department of Environmental Protection (DEP) is requested to snake 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 can cause further alteration of the wetland resource areas. Therefore, in order to prevent any alteration of wetland resource areas, except as waived under this Order of Conditions, a twenty five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. "The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone notwithstanding proposed mitigation measures within the buffer: zone and resource areas as approved under this Order of Conditions. (See Section 3.4 &Appendix F of the local Regulations). Any future work within the 1.00-foot buffer zones on site shall be subject to a separate application with the NACC. 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. 34. 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 350 Winthrop Avenue DEP File#242-1882 NACC Findings&Special Conditions Page 6 of 18 350 Winthrop Avenue -DEP FILE #242 - 1882 alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 35. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. 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. 37. This Order shall be recorded, in its entirety, by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered Iand, 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. 38. A check payable to the Town of North Andover shall be provided in the amount of fifty thousand dollars ($50,000) which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town.Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town.Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 350 Winthrop Avenue D P Pile 11242-1882 NACC Findings&Special Conditions Page 7 of 18 350 Whithrop Avenue- DEP FILE # 242 - 1882 39. The applicant shall designate a Certified SWPPP Inspector (who can be a wetland scientist or other qualified 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. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm in time for the sit-down meeting. Contact information for the erosion control monitor shall be forwarded to the Conservation Department in time for the sit-down meeting. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion control. 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 must be available during any 24-hour period, including weekends in case of an emergency. 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. 40. Prior to work commencing on site and the on-site pre-construction meeting, the following documents and materials shall be submitted and then the contractor, applicant, project engineer, and erosion control monitor shall arrange a meeting (in office or on zoom) with the Conservation Administrator (and Planning Department staff, if available) to review and establish the following: a. 100% construction drawings accompanied by a memorandum that details plan revisions versus the approved plan set referenced in this Order and shall be submitted to the Conservation Department. The memorandum shall provide a review of any revisions within the Commission's jurisdiction and resulting conflicts with the Special Conditions of this Order. The Conservation Department in consultation with the Chairman shall make a determination as to whether said revisions can be reviewed administratively or by way of modification or amendment with the Commission. b. A copy of the Order of Conditions, with each page bearing the general contractor/site supervisor's initials to ensure acknowledgment/understanding of all conditions herein. c. The Stormwater Pollution Prevention Plan (SWPPP) shall be submitted and provisions therein shall be reviewed, to ensure their understanding and expectations for construction, 'J'he SWPPP shall be prepared in accordance with the U.S Environmental Protection Agency's Stormwater Construction General Permit (USEPA, 2012) and related guidance document entitled "Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Operators". d. A detailed sequence/schedule of all construction phases, including installation of sedimentation/erosion control devices, site demo and 350 Winthrop Avenue DLL File 4242-1882 NACC Findings&Special Conditions Page 8 of 18 350 Winthrop Avenue-DEP FILE # 242 - 1882 repaving phasing and re-vegetation that align with erosion control proposal for the site, which identifies a specific suite of erosion control BMP's for said phases. These construction phases shall include specified locations for construction equipment storage that maximizes wetland resource area protection. De-watering locations employing the means and methods as specified on Plan Sheet Drawing C-8 shall also be identified. e. Review of the entire Order of Conditions to ensure understanding by all parties. f. A contact list for all responsible parties for site development and. monitoring phases. Contact list shall include names, role, cell and office phone numbers, mailing addresses and email addresses. 41. Prior to construction and in time for the on-site pre-construction meeting the following shall be implemented/prepared for Conservation Department inspection: a. A sign, visible from the street, shall be displayed at the site, visible from the public right of way, not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1882." b. All erosion control measures FOR THE PARTICULAR PHASE OF WORK PER CONDITION 40. D. ABOVE, shall be properly installed,by instrument survey in the field, between all construction areas and wetlands as shown on the approved plan set. **Follow up site inspections shall be scheduled with the Conservation Department for each subsequent phase of work and erosion control installation.** c. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion. control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. d. All existing and proposed catch basins and any other stormwater inlets on the site shall be protected by erosion/sedimentation controls to prevent sediment from entering the drainage system. Erosion/sedimentation controls 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 Cor unission has formally approved their removal. e. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, an additional 1.00 feet of silt sock/compost filter tube, silt fence and sufficient stakes and not less than 5 five 100% biodegradable erosion control blankets for staking covered from the 350 Winthrop Avenue DE 11 Pile#242-1882 NACC Findings&special Conditions Page 9 of 18 350 Wirrthrop Averrrre -DEP FILE # 242 - 1.882 elements, and shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. The NACC or its Agent shall have the discretion to require additional. emergency erosion control BMP's to be brought to the site if deemed necessary. f. De-watering BMP's shall be on site and ready for implementation once the need arises FOR THE APPLICABLE PHASE PER CONDITION #40 d. and #41 b. All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor:to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water: is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the Nortll. Andover Wetland. Bylaw. If other: emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for: approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. g. Prior to any work commencing, the BorderingVegetated Wetlands shall be canvassed for trash and debris -- all foreign debris and trash shall be removed by hand and any disturbed areas shall be seeded with a native Wetland Seed Mix, and invoice for the seed mix shall be provided to the Conservation Department prior to installation. h. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, or phases of the project where appropriate, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This includes but is not limited to the NPDES Permit. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. 42. The erosion controls shall serve as the limit of work. Site personnel and contractors shall 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. 43. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site activities and shall arrange an on-site conference with an NACC representative, the contractor, erosion control monitor, project engineer: and the applicant to ensure that all of 350 Winthrop Avenue DEP File#242-1882 NACC Findings&Special conditions Page 10 of 18 350 Winthrop Ave►me- DEP FILE #242 - 1882 the Conditions of this Order are understood. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). 44. 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 photographs 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 following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 45. No changes to the approved plan shall be implemented in the field until written approval has been granted by the NACC. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions Must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 46. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 47. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction, 350 Winthrop Avenue DEP File 11242-1882 NACC Findings&Special conditions Page I I of 18 350 Whithrop Avenue - DEP FILE # 242 - 1882 STORMWATER MANAGEMENT CONDITIONS 48. 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. 49. The proposed stormwater management facilities shall be constructed in compliance with the approved plans, and their preparation and installation shall be overseen by the design engineer or other qualified professional so as to certify compliance and correct means and methods for their construction. 50. 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. 51. All new catch basins shall contain oil/grease traps, and it shall be a continuing condition of this order, even after a.Certificate of Compliance is issued., that the oil/grease traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 52. Prior to the issuance of a Certificate of Compliance, the post-construction completed stormwater system shall have operated for not less than one (1) full year (12 consecutive months). The design engineer shall provide certification that the system has been constructed according to the approved plan and is functioning as intended. 53. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Post Construction Operation and Maintenance Plan (O&M) attached herein and the associated stormwater management conditions mandated herein. Evidence of said cleaning (i.e. invoices/bills of lading) shall be submitted to the Conservation Department for its file. 54. The applicants, owners, and their successors and assignees, shall;maintain all elements of the stormwater management drainage system. All stormwater best management practices shall be maintained as specified in the attached Long Term.Pollution Operation and Maintenance Plan" (O&M) attached hereto and incorporated in the Order of Conditions. Evidence of maintenance of the 350 Winthrop Avenue DL?P File 11242-1882 NACC;Findings&Shccial Conditions Page 12 of 18 350 Winthrop Avenue- DEP FILE # 242 - 1.882 stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer or other qualified professional post construction. The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line. The approved Operation & Maintenance Plans are frilly binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. DURING CONSTRUCTION 55. Any proposed landscaping within Jurisdictional resource areas shall consist of species native to New England. Landscaping outside jurisdictional resource areas shall consist of species that are non-invasive in all respects. Prior to implementation, a final landscape plan with plant schedule, shall be submitted to the NACC/Conservation Administrator for review and approval. This plan may be included in the 100% construction drawings per Special Condition #40. a. 56. Upon beginning work, the applicant/monitor shall submit written progress reports every month 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 and can be a part of the weekly erosion control reports. 57. Any imported fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris,including but not limited to roots, concrete, other non-soil constituents, and other deleterious or compressible materials lumber, bricks, plaster,wire,lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certif in cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. 58. No outdoor fuel storage or construction equipment refueling shall occur within. jurisdictional resource areas during construction. 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, foamed and seeded prior to November 1st of each year. Outside of the growing season, beyond November 15t1, of any construction year, exposed soil finish grade surfaces shall be stabilized with a. layer of mulch hay, straw, tackifier or biodegradable erosion control blanket (as 350 Winthrop Avenue DE1'File 42,12-1882 NACC Findings&special Conditions Page 13 of 18 350 Winthrop Avenue-DEP FILE #242 - 1882 appropriate depending on slope, or other conditions etc...) 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. Associated pavement and public roadways shall be swept as needed 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 construction entrance onto the adjacent public roadway, it will be swept up daily. 61. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical), unless otherwise shown on approved plans referenced herein. 62. Materials stockpiling shall occur in areas shown on the approved plan set. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. Stockpiles shall be kept at least 100 feet from wetland resources. 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 jurisdictional resource areas. 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 100 feet of a resource area. AFTER CONSTRUCTION 66. Prior to requesting a Certificate of Compliance, the applicant shall arrange a site inspection with the Conservation Department to determine appropriate locations 350 Winthrop Avenue DEP File 4242-1882 NACC Findings&Special conditions Page 14 of 18 350 Winthrop Avenue - DEP FILE #242 - 1882 for installation of wetland markers on site. The applicant shall permanently mark the No Disturb Zone/limit of work from the BVW with weather resistant markers on mature trees, fencing or weather resistant posts as appropriate and to be agreed upon with Conservation,staff. These markers shall bear language "Protected Wetland Resource Area". This will designate the wetland resource sensitivity and assure no further:inadvertent encroachment into the wetland. 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 perpetuity. Said markers are available for:purchase in the Conservation Department at Town Hall. 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 tinder the authority of. the Town 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 the Town'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 landscape 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 MRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 72. 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 stormwater runoff. This condition shall survive the Order of Conditions and shall run with the title of the property. 350 Winthrop Avenue D P Pile#242-1882 NACC Findings&Special Conditions Pa e15of1.8 350 'Winthrop Avenue -DEP FILE ## 242 - 1882 73. 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. 74. 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, 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. A written statement from a Registered Professional Civil Engineer certifying No Illicit Discharges on site; j. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection.Bylaw. Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. Y The line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation, 350 Winthrop Avarua DEP File 1/242-1882 NACC Findings&Special Conditions Page 16 of 18 350 Winthrop Avenue - DEP FILE # 242 - 1.882 y Location of all subsurface utilities entering the property. 75. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: Y 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); Adherence to the attached "Long Term Pollution.Operation and Maintenance Plan". No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report (Condition #54); Discharge or spillage of pollutants (Condition #65); Wetland Markers to be maintained (Condition #66); Y Prohibition of underground fuels (Condition#67); ➢ Limitations on the use of fertilizers, herbicides, pesticides, road salts, and de-icing compounds (Conditions #6€3 & 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); Prohibition of the use of coal tar-based products for paving (Condition #72). 350 Winthrop Avenue DEP File 11242-1882 NACC Findings&Special conditions Page 17 of 18 350 Winthrop Avenge - DEP FILE #242 - 1882 APPENDIX A-AFFIDAVIT 11 on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE., CHECK AT LEAST ONE BLOCK) 1. 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions ....... have been placed upon by (DEP or NACC mimber) 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 tip 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—--------(lay of—-------- 19-1-11--. 1 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 19 --- - ------- —----- (Signature-authorized agent of applicant or owner) 350 Winthrop Aveime DE"Al File 4242-1882 NACC Findifigs&Special Conditions Page 18 of 18 Operations and Maintenance Plan INTRODUCTION This Operations and Maintenance Plan has been prepared to outline the inspection and maintenance activities that are required to be performed to ensure that the stormwater management system constructed for North Andover Mall functions as designed as well as develop and execute suitable practices for source control and pollution prevention. This Operation and Maintenance Plan consists of six sections as described below: Section I - Stormwater Management System-Operations and Maintenance: this section describes the various components of the on-site stormwater management system, identifies the inspection and maintenance tasks to be undertaken and a schedule for implementing these tasks to insure the proper, long-term operation of the system. Section 2 -Long Term Pollution Prevention Plan: Identifies and implements suitable measures, practices and procedures for source control and pollution prevention. Section 3- Illicit Discharge Statement. Section 4- Snow Management and Disposal Plan: Describes how snow removal will be managed and deicing operations performed. Section 5-Public Safety Features: Lists features of the stormwater management system to insure the safety of the public. SECTION I -STORMWATER MANAGEMENT SYSTEM- OPERATION AND MAINTENANCE The objectives of the stormwater management system is to effectively control and treat(Pollutant removal) stormwater runoff prior to discharge from the site in accordance with the objectives as outlined in both the Massachusetts Stormwater Management Policy as issued by MADEP and the'Town of North Andover's Chapter 250 Stormwater Management and Erosion Control requirements. To accomplish this objective, the following Best Management Practices (BMP's) are incorporated into the subject premises stormwater management system: Pre-treatment BMP's • Sweeping of paved surface areas to remove solids and reduce suspended solids in surface runoff, • Catch basins with sumps and hoods to reduce the discharge of sediment and pollutants. • CDS units (Hydro-Dynamic Particle Separator) is a proprietary device which uses the power of swirling or flowing of water to remove sediments and other-pollutants. Treatment BMP's ® Wet basin with sediment forebay---The sediment forebay removes heavy particulate matter prior to its discharge to the wet basin. The wet basin provides increased retention time to allow particulates including fine sediments to settle out prior to discharge. Wet basins provide increase biological activity of algae and wetland vegetation, which promotes the removal of soluble pollutants such as phosphorus. • Bioretention area—Bioretention areas are shallow depressions comprised of sandy soils topped with a thick layer of mulch and planted with dense native vegetation with its primary function being to treat stormwater runoff before it is infiltrated and/or discharged. To insure the ongoing and proper functioning of the on-site stormwater management/BMP facilities, this Operations and Maintenance Plan has been developed. In consideration of the foregoing, it is the responsibility of the Landowner, his successors and assignees to adequately maintain the on-site stormwater management/BMP facilities. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. Based on this, the Landowner, his successors and assignees are required to create a Pollution Prevention Team (PP`l') that will be responsible for implementing the Operations and Maintenance Plan. Upon transfer of ownership of the property,the Landowner is required to notify the new Owner of the presence of the stormwater management system and the requirements of this Operations and Maintenance Plan. Property Information Address: North Andover Mall 350 Winthrop Ave. North Andover, MA 01845 Landowner and Pollution Prevention Tea►n Leader Owners Name: Delta MB LLC c/o Demoulas Supermarkets, Inc. 875 Last Street Tewksbury, MA 01876 Team Leader: TBD Title: TBD Office Phone: TBD Email: TBD Responsibilities: Coordinate all aspects of the Operations and Maintenance Plan as well as hire and train the other Pollution Prevention team members in order to conduct inspections, record keeping requirements, and coordinate with contractors the required maintenance and repair activities of the stormwater management system. Spill Prevention & Control Contractor The following contacts shall be notified only in those instances identified within 310 CMR 40 Massachusetts Contingency Plan Subpart C. Primary Contact: Delta MB LLC c/o Demoulas Supermarkets, Inc. 875 East Street Tewksbury, MA 01876 Attn: TBD Phone: TBD Consultant Contact: Company Name: TBD. Contact Name: T.BD Phone: TBD Department of Environmental Protection (DEP) Contact Spill Emergency Coordinator Contact dame: TBD Phone: TBD Municipal Contacts Town of North Andover c/o Engineering Department 384 Osgood Street North Andover, MA 01845 Contact Name: John Borgesi Phone: 978-685-0950 Other Pollution Prevention '['eain Members Member: Qualified Engineering and/or Environmental Consulting Firm(s) Responsibilities: Conduct scheduled inspections, maintain records, advise the Tcam,Leader of maintenance needs, ensure inspection, maintenance and repairs are completed, keep and maintain all records and inspection reports and submit inspection reports to the North Andover Planning Department and Conservation Department. Company Name(s): TBD Address: TBD Office Phone: TBD Team Member Training The Pollution.Prevention Team Leader will coordinate all annual in-Douse training session with the qualified Engineering and/or Environmental. Consulting Firm to discuss the Operations and Maintenance Plan, ongoing inspection and maintenance and preventative maintenance procedures. Annual training session will generally include the following: « Discuss the Operations and Maintenance Plan a What it is: identify potential sources of stormwater pollution and methods of reducing or eliminating that pollution • What it contains: emphasize good housekeeping measures and location of potential pollution sources. a Pollution Prevention.Team: introduce the team and individual responsibilities, explain the operations of North Andover Mall's stormwater management system and that it must be continuously monitored and encourage input and assistance from all, ® Review and explain the storm drainage system, how it works and its components, note the receiving resource area in which the storm drainage system discharges into and the role each one of these BMPs play. ® Emphasize the importance of maintaining current and up-to-date inspection reports and maintenance records of BMPs. Documcntation shall include any changes to the O&M Plan's procedures to accommodate changes and revisions to BMPs. The components of the stornrwater management system must be inspected, monitored and maintained as outlined below in order to ensure that the on-site stormwater management/13MP facilities for North Andover Mall function as designed. Routine inspection and proper maintenance of these individual components is essential to providing the long-terra enhancement of both the duality and quantity of stormwater runoff that discharges from the site. Catch Basins: Stormwater runoff from pavement areas located at the rear of the property drains into a closed drainage system consisting of catch basins and drain manholes. The closed drainage system conveys stormwater runoff to discharge into a wetland resource area located at the northeast corner of the site and is a tributary to the Shawshcen River. Catch basins are equipped with a sump and an environmental hood installed on the outlet pipe. The sumps are designed to capture sediment and coarse particles and the hoods prevent hydrocarbons and other floatable debris from entering the drainage system. To ensure proper functioning of catch basins, they will be inspected and maintained as follows: Inspection: All on-site catch basins shall be inspected a minimum four(4) tunes a year. Structural damage and other malfunctions are to be noted and reported. Catch basins shall also be inspected after a major rainfall event defined as 3" or more to ensure the grates are not clogged and functioning properly. Maintenance: Catch basin sumps are to be pumped"dry"by a licensed contractor a minimum of once (1) per year or when the sump is half full of sand and sediment. Sediment and hydrocarbons will be properly handled and legally disposed of off-site in accordance with local, state, and federal guidelines and regulations. Any structural damage to catch basins, environmental hood and/or castings will be repaired upon discovery. Hydro Dynamic Particle Separators (CDS Units): Two (2)units are planned to service the depressed loading docks which set-vices Market Basket, The primary function of the units is to remove sediment, trash and oil/grease sheen from the loading dock areas. Inspection: CDS units shall be inspected in accordance with manufacturer's _ recommendations and requirements. Structural damage and other malfunctions are to be noted and corrected upon discovery, Maintenance: CDS units shall be maintained in accordance with manufacturer's recommendations and requirements. CDS units are to be pumped "dry" by a licensed contractor a minimum of one (1) per year or when the sump is half full of sand and sediment. Sediment and hydrocarbons will be property handled and legally disposed of off-site in accordance with local, state and federal guidelines and regulations. Drainage Culvert There are two (2) drainage culverts located on-site. One drainage culvert is located underneath the site driveway at the south end of site which fronts along Winthrop Ave, and the second drainage culvert is located at the north end of site underneath the "Exit Only" driveway onto Winthrop Ave. The drainage culverts are part of a stortilwater system which conveys stormwater runoff from a wetland resource area located at the southerly end of the site to an intermittent stream that is located along the property's frontage to Winthrop Ave, which discharges to the Shawsheen River via a drainage channel at the northwesterly comer of the property. Inspeqion: The culverts will be inspected on an annual basis. The inspection will note the condition of the abutment, pier, span barrel, headwalls and wingwalls. Any spatting, deterioration, cracking, corrosion, rust, or efflorescence shall be noted and reported on an as needed basis. The inspector shall also take note of the condition of the driveway pavement, shoulders and embankments. Maintenance: Any pavement cracking, settlement, deterioration, potholes shall be noted and repaired. Erosion souring along embankments shall be repaired and stabilized with erosion control fabric, loam and seed. Intermittent Stream Channel An intermittent stream is located along the property's frontage to Winthrop Ave. The stream flows in a south to north direction with its discharge point being the Shawsheen River. hls ep cti,on: The stream channel shall be inspected on a weekly basis for signs of debris build up, rip rap sloughing, channel scouring, culvert undermining, and vegetation growth shall be noted and reported. Maintenance: The stream channel shall be cleaned of trash and debris on a weekly basis. Rip rap sloughing, channel scour, culvert undermining shall be repaired upon discovery. Lawn areas shall be mowed at a minimum of once (1) per month. Landscape Areas !Us)ection: The on-site landscape areas including but not limited to slope embankments, earthen berms, grass swales, grassed stormwater conveyance channels, and interior landscape islands are to be inspected on a semi-annual basis. Slopes, berms and swale areas are to be walked top and bottom and inspected for slope integrity, vegetative health, vartnint activity erosion and water migration. The condition of the landscape areas shall be noted in the inspection report. Maintenance: Includes upkeep of the vegetative cover and preservation of the slope embankments/berms structural integrity. Eroded or areas with poor grass coverage shall be loamed and seeded and protected with erosion matting until grass coverage is restored. Grass areas are to be mowed monthly at a minimum, Trash and debris shall be picked up on a weekly basis and disposed of in accordance with applicable codes. Wet Basins Two (2) independent wet basins are located at the north westerly portion of the property and along the property frontage to Winthrop Ave. The primary components of the wet basin consist of a deep permanent pool of water with a sediment forebay. The sediment forebay is a pretreatment device with its primary function being to settle out heavy particulate matter that is accumulated within stormwater runoff. The primary function of the wet basin is to provide increase retention time to incoming stormwater runoff in order to allow particulates, including fine sediments to settle out. Wet basins provide increase biological activity of algae and wetland vegetation which promotes the removal of soluble pollutants such as phosphorus. Inspection: The wet basins will be inspected on an annual basis. The inspection of the wet basins shall include but not be limited to the following: • Inspect outlet structure for evidence of clogging or excessive outflow releases. • Erosion cracking or tree growth on the embankment. • Damage to spillway • Sediment accumulatioti around the outlet • Erosion scouring within the basin and banks ® Sediment accumulation within the sediment forebay o The emergence of invasive species Maintenance: Sediment forebays to be cleaned quarterly or when the sediment depth reaches a depth of two (2') feet. Accumulated trash and debris shall be removed on a weekly basis. The forebay side slopes and basin bottom shall be mowed on a monthly basis. Eroded or areas with poor grass coverage shall be loomed and seeded. Wet basins are to be inspected on a yearly basis. The wet basin shall be cleaned of trash and debris on a weekly basis. The basin side slopes shall be mowed twice per year. Erosion scouring, rip-raja sloughing shall be repaired upon observance. Accumulated sediment shall be removed once every ten years. Invasive species shall be removed upon discovery. Bio Retention Area The bio retention'area is located at the northwesterly portion of the property in which Wet Basin — 1 outlets into. The Bioretention area is an integral part of the overall stormwater management system which provides treatment of stormwater runoff using soil and plantings before it is infiltrated into the ground or discharged to a wetland resource area. Inspection: The bioretention area will be inspected on an annual basis and after rainfalls of three (3) inches or more in a 24 hour period for ponding and sediment accumulation. Maintenance: Remove trash and debris weekly. Silt and sediment shall be removed when accurulation one inch (I") or when water ponds for an extended period of time. Do not store snow in the bioretention area. Snow Storage Areas Designated snow storage are shown on the snow management plan(see Appendix D). Iris aect tion; Snow storage areas are to be inspected for signs of erosion and grass deterioration due to winter frost in the spring of each calendar year. Maintenance: Landscape areas which show signs of erosion and/or deterioration due to winter frost shall be repaired and revegetated in the staring. Snow storage sign markers are to be repaired and/or replaced due to damage that occurred during snow plowing operations. Accumulated sand, trash and debris is to be removed in the spring. Curbing: Although the site is graded to direct runoff away from curbing, it is still important for the curbing to be in good working order to delineate edge of pavement from grass and landscaped areas. Inspection: Twice per year to ensure structural condition. Maintenance: Repair/replace as needed. Sweeping and Site Clean-Up: Routine sweeping of paved areas is an effective method to provide important nonpoint source pollution control and will be performed by mechanical sweepers. Most stormwater pollutants travel with the suspended solids contained in the stormwater runoff and regular sweeping will help reduce a portion of this load. Sweeping, especially during the period immediately following winter snownielt(March/April) when road sand and other debris has accumulated on the pavement, will capture a peals sediment load before spring rains wash residual sand from winter applications into nearby resource areas. Inspection: Paved areas will be inspected for litter on a weekly basis and picked up and disposed of immediately. Trash shall be disposed of in accordance with applicable codes. Maintenance: All parking areas, sidewalks, driveways and other impervious surfaces (except roofs) will be swept clean of sand, litter, trash, etc. on a semiannual basis. Sweeping will occur in the spring (April/May) and fall (Nov/Dec) of each calendar year. A log of land/lot sweeping, and cleanup will be kept. 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