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Home My WebLink About242-1876, 492 Sutton Street - Airport Stream Drainage Improvements OOC - Permits #242-1876 - 492 SUTTON STREET 6/26/2024 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1876 Ma-s-s-DEP File#--,-- WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDffP_TransacCion# North Andover -c ity[T own A. General Information Please note: North Andover this form has 1. R un. -- --- -------- been modified Conservation Commission with added 2. This issuance is for space to a. E Order of Conditions b, F-I Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Francisco —--------—------ Urena-------- a. First Name b. Last Name Important: When filling e Lawrenc Municipal Airport .................... .............................. --------------------- out forms on c.Organization the 492 Sutton Street computer, d. Mailing Address ----------- ................................................................... ......... use only the tab key to North Andover MA 85--------------------------- ........... move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. 4:1 a. First Name b. Last Name ........... ------- c.Organization return ----------------............................................... ..............................................................-------------- ............................ -d.Mailing Address .............................__----__ ...................................... ......................................... e.City/-Town f,State g.Zip Code 5. Project Location: 492 Sutton Street(see attached for exact North Andover project locus within Airport property) b. City/Town Map 34 Lot 26 ........................ ... ...............................................I...............-........................ c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d42m56.088s -71 d07mO3.468s d. Latitude e. Longitude wpaform5.doc-rev 5/18/2020 Page 1 of 13 4 Massachusetts Department of Environmental Protection provided byMassmEP: 242187O Bureau of Resource Protection - \8/etl@Dds - �� Order � Conditions ��m m� Form � ~- �� u "��u��ons Massachusetts Wetlands Protection Act K8.G.L. c. 131. G4O eoEp Transaction# North Andover A. General Information (cODt.) G. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Northern Essex a.County b.Certificate Number(if registered land) 14 2S c.Book d. Page Se be 28 2023 June 12 2024 June2O 2024 7. Oohee: o f Intent Filed b. Date Public Hearing Closed— c.Date_of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Runway 5 End D i Improvements a. Plan Title Stantec Dominic M. Zazzam PE September 26 2023 �sshu�n d. Final Revision Date e.Scale **See AttachedFull Li of Approved Plans & Documents** r.Additional Plan or Document Title g. uata B. Findings 1, Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the AoU. Check all that apply: w �� c �� Prevention of Public b [1 Land Containing Shellfish � �� Pollution d [ �� Protection of Phv�haVVohsrSupp|y e �� Fisheries� �� VViN|ifa Habitat g. Z Groundwater Supply h. Z Storm Damage Prevention i Z Flood Control Z This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a Z the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work ehe|| be performed in accordance with the Notice of Intent referenced above. the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, speoificetiono, or other proposals submitted with the Notice of Intent, these conditions shall control. °namrms.uoc'rev 5/1onmo Page um1n 4 Massachusetts Department of Environmental Protection Provided uyMasoEP Bureau of Resource Protection - Wetlands 242-1878 �� Order � Conditions ��m �� Form ~, -- ��xw�� m ��^�U��ons Massachusetts Wetlands Protection Act K8.G.L. c. 131. 840 °nep Transaction# North Andover B. Findings (cont.) Denied because: b� Fl the proposed work cannot be conditioned tomeet the performance standards set forth in the wetland regulations. Therefore, work on this project may not goforward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. o. n 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. Thenefure, work onthis project may not go forward unless and until revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Aot'e intereatn, and afina| Order nfConditions is issued. A description of the specific information which islacking and why itis necessary is attached to this Order as por31O Ck8R 10.05(6)(c). 3. Fl Buffer Zone impacts: Shortest distance between limit ofproject disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) unexfwt Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 225 |f 225|f 225 |f 225|f 4 �� Bank � �� aj�e��et-- i�n��v�-- �j�ea��-- ujinear feef-- s. Bordering 155mf 1e5sf 15b+ �f 155+sf -------------------- VegetatedVVet|and (temp) square feet c.square feet u square feet 8� Land Under VVaterbodieaand a.square feet b square feet o.square feet d.square feet Waterways 7. Bordering Land ' Subject toFlooding o.square feet o.square feet c.square feet u square feet Cubic Feet Flood Storage ��f��-- ��^��f��--- g.cubic feet 6.cubic feet-- 8 n Isolated Land Subject to Flooding a.square feet u.square feet Cubic Feet Flood Storage �—CuuN1cifeJ-- a.-cub-icfe-et -- e c u--E-i c-fe e t-- -f.-c u6i c-f��-- s. Fl Riverf/ontAnaa a.total sq.feet b.total sq.feet Sqftwithin 100ft --------- o.square feet d square feet e.square feet f.square feet Sqft between 1OO- 200ft g.square feet h.square feet i.square feet j.square feet °pafo,mo.u"c'rev m1mz02n Page om1x 4 Massachusetts Department of Environmental Protection Provided uyman oEp: 242-1876 [�UneaUOf |�8SOUrC8 �»nOteCtiDO - \�/Bfl@DdB �� Order � �� ~�. ��m �� Form =v -� �� o v��0�~�UmUons K8aenachuee[tsVVet|endgProtection Act y�.(�.L. o. 131' G40 eDbpTmnne�ivn� North Andover B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10 Designated Pod� �� Indicate size under Land Under the Ocean below Areas ' 11. R Land Under the Ocean a.oqvamfe,� b square feet 12 Indicate size under Coastal Beaches and/or Coastal Dunes �� Barrier Beaches below 13. [] Coastal Beaches —yd a.square feet b.square feet c. nourishment d. nourishment 14 �l Coastal _____��yd_ ou d � �� m square feet u.square feet o. nuuriaoment dnov,iehmen\ 15 Coastal � �� ajinear feet-- m`e a r reet-- 18. n Rooky intertidal Shores a.square feet u.square feet 17. El Salt Marshes a.square feet b.square feet c.square feet d.square feet 1& El Land Under Salt Ponds o.square feet ».square feet 19. R Land Containing Shellfish a.square feet b.square feet c.square feet u.square feet 20. [l Fish Rune Indicate size under Coastal Banks, Inland Bonk. Land Under the 0ceen, and/or inland Land UnderVVatsrbndieo and Waterways, above a.myuneugeu b.my dredge d 21. Land Subject tV Coastal Storm u square feet b.square feet Flowage 22, n RiverfrontAree a.total sq.feet- b.total sq.feet Sqftwithin 100ft c.square feet d.square feet e.square feet f.square feet 3qft between 1OO- 200ft g.square feet h.square feet i.square feet ].square feet wpam,ms.uoo^rev 5//uu02o Page 4m10 4 Massachusetts Department of Environmental Protection Provided uyMasmsp: Bureau of Resource Protection - Wetlands 242'187S �� Order � Conditions m�n ^� Form = — ~��^�� u "��U�Uons Massachusetts Wetlands Protection Act W1.G.L. o. 131. §40 *oep Transaction w North Andover City/Town B. Findings (cont.) ~#o1 |fthe 23 �l Restoration/Enhancement°� PnNo�iufor � �� the purpose of restoring or enhancing —square feet- -''' —-q--- ----'-- — wet|mnd resource area 24� F-1 GtnaamCroesing(m): m addition m the square footage that °. number of new stream crossings b. number of replacement stream crossings has been C'. General Conditions Under Massachusetts Wetlands Protection Act entered in SectionB.o.c (aV«V «r The following conditions are only applicable to Approved projects. B17.o(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, etote, or local etetutea, 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: u. 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 yeana, from the date of issuance. If this Order is intended to he valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth aoa special condition in this Order. o. U the work ie for a Test Project, thimOnderofConditionsshaUbeve|idfornomorethan 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. Ao 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 CyWR 10�05(11)(f). 8. 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 shaUbadaon5U. AnyfiUahaUoontainnotnash. refuse' rubbish, or debris, including but not limited to lumber, bricks' p|osbsr' m/ine' |ath, paper, cardboond, pipe' tires, aoheo, nsfrigeratore, motor vehicles, or parts of any of the foregoing. 4 Massachusetts Department mf Environmental Protection Provided»vMaa*mcp: Bureau Of Resource Protection - Wetlands 242 187O �� Order � Conditions ��m �� Form =» -- ��$�� x ��k��N��ons yW@Seaohueetta Wetlands Protection Act k8.G.L. C. 131. G40 voEPrrannnction# North Andover C. General Conditions Under Massachusetts Wetlands Protection Act & 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. Q. No work eho|| 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 in 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 nf Deeds, prior to the commencement ofwork. 10. A sign shall be displayed ot the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department ofEnvironmental Protection" [or. "yWaeaDEP] "File Number 242'1876 11. Where the Deportment of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before PWasoDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA 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 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 tothis Order and to any contractor orother person performing work conditioned by this Order. °vom,mo.ovc'rev 5//oo02n Page 6m10 4 Massachusetts Department of Environmental Protection Provided»yMaeoosP: Bureau of ResDUrCeP[OtBCtiOO - WetlaDds 242-187G �� Order � Conditions m�x »� Form � — °��u�� o ~��u0ons Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 eospT,anoaminn� North Andover Qt-i/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start nfwork, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in awet|and or water body. During oonatruoUon, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commiseion, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve osthe limit ofwork unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the "Pnojeut'') (1) M io subject tV the Massachusetts StormwaterStandards (2) M ie NOT subject tu the Massachusetts StVrmvvoterStandards lf the work is subject to the Stornnxvnter Standards, then the project is subject tothe following conditions: a) All work, including site preparation, land disturbance, construction and nadevo|opnn*nt, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the StormweterPollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit ea required byStormvvater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPo) ahoU remain in place until the site im fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer pnzvideeoCertificotionthet: i. all construction period BMPs have been removed or will be removed by a date certain specified inthe Certification. For any construction period BK8Ps intended tobeconverted to post construction operation for atormvvaterattenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BK4P 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 Professional Engineer, certifying the site io fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements ofSto/mwoter Standard 10; *p"m,mado=-rev 5/1mzmo Page,o//o 4 Massachusetts Department m{Environmental Protection Provided uyMaaosp Bureau Of Resource PnJbeC[iOO - WetlaDd8 242'187O �� Order � Conditions mmu a� Form � —~ n��^�� m `��N��ons Massachusetts Wetlands Protection Act K8.G.L. c. 131' 84O *ospT�nem�ion# .L1 Oki North Andover C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) /x all post-construction mtmrmvvuterBMPaare 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 oondition� x any vegetation associated with post-construction BMPsie suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement(''(}&M Statement) for the Stormwoter BMPe identifying the party responsible for implementing the atormvvoterBW1P Operation and Maintenance Plan (''O&K8 Plan") and certifying the following: i\ the O&M Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance, and ii) the future responsible parties ehmU be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormweter Pollution Prevention Plan. d\ Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stornnvvatar Pollution Prevention Plan required by the National Pollution Discharge Elimination System Mu|ti'SeotorE)enero| Permit. e) Unless and until another party accepts responsibility, the |endowner, or owner mfany drainage easement, assumes responsibility for maintaining each BPWP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement ofrecord, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect tothat BK8P. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. |n the case ofotormwobarBW1Pe that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the etormvvater BMPe. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must besubmitted along with the legally binding agreement. O The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M P|an, and the requirements of the Massachusetts StormvvoherHondbook. vvam,mauuu'rev 511memm Page nm1v 4 Massachusetts Department mf Environmental Protection Provided uyMmeoEp: Bureau of Resource PrOteCtiOD - W 242 4�t�@O�S -1876 �� Order � �� v�~�~ ��x v� Form � — ^��~�� x ~��v��wNons Massachusetts Wetlands Protection Act M.G.Y. o. 131. §40 eoep neactivn# North Andover C. General Conditions Under Massachusetts Wetlands Protection 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 stormvvoter management 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 toK8asnDEP and the Conservation Commission (^Cnmmissinn^) upon request; and 3. Allow members and agents of the MessDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BK8P established in the O&M Plan approved by the issuing authority. h) All sediment or other 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 stormwmter management system as defined in 310 CN1R 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. |) Access for maintenance, repoir, and/or replacement ofBMPs shall not bewithheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project thnaatenathe public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project oadinactedbytheoonsemation commission or the Department. *pafom:.o='rev 5/1000 n Page omm 4 Massachusetts Department of Environmental Protection Provided uvMasoEp: Bureau Of Resource Protection - Wetlands 243-187O �� w� �~*~ L11b m ^� Form � — `�xv�� x `��U�Uons Massachusetts Wetlands Protection Act M.G.Lo. 131. §40 eocp Transaction# North Andover n D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. |oo municipal wetlands bylaw or ordinance applicable? E Yes El No o. The North Andover hereby finds (check one that app|ies): Gons-ervation Commission a. F1 that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: Therefona, work on this project may not goforward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions isissued. b. M that the following additional conditions are necessary to comply with a municipal ordinance orbylaw: North A d Wetlands Protection Bylaw & RegulationsCh. 190 1. Municipal Ordinance orBylaw atoec. 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 dooument): North Andover Conservation Commission Findings & � iatons (see attached) | C dii wpafovmamx'rev onnono Page mmm 4 Massachusetts Department mf Environmental Protection Provided hyMeeDEP 242 1876 Bureau of [�BSOU[CHProtection - \�/ef@DdS - �� "� � �� m�~�~ ----- � —' mmn ^� Form � �� n�m �� `��m8�Kons Massachusetts Wetlands Protection Act M.G.LC. 131' §40 eDEP Trans�ctiun# � North Andover E. S-gna*ures This Order is valid for three years, unless otherwise specified aomspecial V condition pursuant to General Conditions#4.from the date nfissuance. 1 Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed byam�oh|yof the ConeumaionCommission. 2� Numbern[3ignam 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. Signature Ph � N Signatu Printed Name S� �u Printed Name Sig6—atufe Printed Name F] by hand delivery mn by certified mail, return receipt requested, on Date Date wpam'mn,unc-rev 81mzmo Page Iw10 4 Massachusetts Department mf Environmental Protection Provided uyMmooep: Bureau of Resource Protection - Wetlands 242-187O �� Order � �� x�~�^ �mo �� Form ~� -- ��"�� a ��Nons K8oeeaohuse�eVVet|ande Protection Act ��.(�.L. c. 151' G40 eo*prmnoa�ivn� North Andover F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CPWR 10.03(7) vvithin 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 hothe Department prior to issuance ofaSuperseding 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.Lo. 131. §4O). and is inconsistent with the wetlands regulations (310 CIVIR 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. =pom,m5uoo^rev n/1oo02o Page 1zor/o 4 Massachusetts Department of Environmental Protection Provided uvMmeoEp: Bureau Of Resource Protection - WeflaUds 242'1876 �� Order � /� �~�. m�n v� Form � — "�� m `��^�N��ons Massachusetts Wetlands Protection Act M.G.L. c. 131. &40 eospTranoo�inn� North Andover G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain Vf title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------- /o: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 492 Sutton Street(Lawrence Municipal 242-1876 Ai MmoaosP File Number Has been recorded at the Registry ofDeeds of: Northern Essex County eoux Page for: City of Lawrence Property Owner and has been noted in the chain of title of the affected property in: 14 20 eovx Page |n accordance with the Order of Conditions issued on: OO'28-24 Date |f recorded land, the instrument number identifying this transaction is: ----- If registered |ond, the document number identifying this transaction is: v,amrm5uor^m"5/18m020 Page/nm/n Lawrence Municipal Airport DEP FILE #242 - 1876 Findings Project Site Location & Current Conditions: The project locus governed by this Order of Conditions is centered around/within a -225 linear foot segment of intermittent stream channel that is located at the southerly end of Lawrence Municipal Airport (LMA) near the terminal end of Runway 5 and associated runway safety area. The subject stream segment is located on LMA property, sandwiched between the toe of historic fill slope and associated plateau that supports Runway 5 and the dead-end streets of residential neighborhoods on Grosvenor Avenue and Poor Street. Current conditions of the stream segment and surrounding areas consist of wooded bordering vegetated wetland, an intermittent stream channel, fill side slopes, residential properties and airport outparcel containing additional BVW. At the upper section of the subject stream segment a concrete headwall and flared end rip-rapped level spreader discharges flow from a 24" RCP that receives stormwater flow from upper sections of the Airport property. Jurisdictional Resource Areas: The NACC agrees with the delineation of the following wetland resource areas as reviewed in the field by the Conservation Administrator and reflected on the approved plan. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw. a. Inland Bank to Intermittent Stream: i. Flag Series 131 - B21, B32 - B35; BlA - B21A; B32A - B35A b. Bordering Vegetated Wetland (BVW): i. Flag Series W1 @ B20A; W30 @ 132-133; W31 @ 135-137; W32 @ 1313-1314 c. 100-Foot Buffer Zone to BVW & Inland Bank d. The project locus does not lie within NHESP Priority Habitat or within 100 feet of vernal pools e. The project locus does not occur within the 100-year floodplain f. The project locus does not occur within 200-Foot Riverfront Area Project Locus Permit HistqXr . 0 OOC, DEP File #242-1672 - governed rehabilitation of runway pavement and the construction of standard runway safety areas for and extension of Runway 05-23. Intermittent stream relocation and reconstruction was necessary for this project. A CofC has not yet been issued. Notice of Intent DEP File #242-1876 Procedural History: The primary catalyst for this Notice of Intent originated from catastrophic flooding events experienced by the downstream abutting property at 27 Charles Street. Since early 2021, 27 Charles Street has been experiencing significant, property-damaging flooding from stormwater flowing down the hillside that receives runoff from the Lawrence Municipal Airport (LMA) as well as neighborhoods upstream. Based on a February 18, 2022 site inspection, two distinct Lawrence Municipal Airport DEP File 4242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 1 of 17 Lawrence Municipal Airport DEP FILE #242 - 1876 areas along the unaltered section of the Airport stream were identified where flows had jumped the banks and headed in a southwest direction. These sections of bank are low profile and abut up against the chain link fence on Airport property. In February of 2022, this issue was brought to the NACC's attention. Through discussion and consideration with LMA and 27 Charles Street representatives, as an immediate stopgap measure, the NACC issued a "friendly" Enforcement Order (EO) to allow the LMA to install staked coir logs or hay bales along these areas (-120 feet) to keep water within the stream banks while a more permanent solution is developed for formal permitting. The EO was later amended to allow additional coir log to be installed within the BVW upstream of the 24" RCP outlet to help better direct flows from the wetland into the stream channel. The EO required monitoring of these coir logs after certain rain events to ensure their efficacy while the LMA developed plans and prepared the required Notice of Intent (NOI). Over 43 monitoring reports have been received from Stantec to date, which report that the coir logs are performing well in helping to contain flows within the stream channel at the breach points and directing flows into the stream within the BVW. These monitoring events further assisted in understanding the stormwater flow dynamics in this area and informed the project design, which showed that along with LMA stream breaches, neighborhood "self-management" of stormwater runoff along with some Town street drainage contribute to the flooding problem. "Note: This Enforcement Order shall remain in effect until such time that the work governed under this Order of Conditions commences. On September 28, 2023, Stantec Consulting Services, Inc. submitted a NOI on behalf of LMA. The NACC held the public hearing at its October 11, 2023, April 10, 2024, May 22, 2024 and June 12, 2024 meetings. At its October 11th meeting, the NACC voted to engage a 3rd party engineer to perform a peer review of the following scope: 1. Review the NOI and associated attachments, in particular with respect to its compliance with the Massachusetts Stormwater Standards and North Andover's Stormwater Bylaw/Regulations. a. Evaluate the applicant's hydrodynamic analysis particularly with the appropriateness and accuracy of: i. Assignment of watershed(s) and contributory area(s); ii. Use of analytical storm events, including rain intensity, duration, and recurrence interval; iii. Use of valid hydrodynamic principles for Time to Concentration, Slope, Cover, etc.; iv. Use of hydraulic model; v. Interpretation of results for flow expressed as cfs and volume; vi. Use of appropriate routing model to express diverted flow through the 30"pipe, and through the modified streambed; vii. Interpretation of the analytical results that demonstrate that the modified stream will contain and convey all flow, without overtopping, under the regulatory storm events. 2. Review various comment letters and correspondence received from 27 Charles Lawrence Municipal Airport DEP File 4242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 2 of 17 Lawrence Municipal Airport DEP FILE #242 - 1876 Street's independent engineer and that of abutting neighborhood association. 3. Consult with the Town Engineer and DPW Director to obtain understanding of the drainage dynamics. The NACCs 3rd party engineer, Bobrek Engineering, provided three rounds of review and corm-rents, to which Stantec responded satisfactorily. The only remaining recommendation from Bobrek suggests that, through a separate permit process, LMA/Stantec evaluate for similar restoration, the section of stream that lies between the Runway 5 relocated stream channel and the —225 I.f. stream section subject to this OOC in order to create one consistent stream section throughout the length of the channel, reducing the potential for failures. At its June 1.2, 2024 meeting, having received sufficient information, and there being no further need for supplemental information and no remaining questions from the NACC, the abutters or the public, the NACC voted by majority to close the hearing and issue an Order of Conditions within 21 days. In consideration of the applicant's request for a waiver for work to be performed within the stream channel and the 25' No Disturb Zone, the NACC voted by majority to grant the waiver. The NACC finds that the nature of the work (stream restoration) necessitates work to be performed within the resource area and associated immediate buffer zones which will result in an improved and enhanced condition of these resources. The NACC reviewed and amended a draft Order of Conditions that same evening, and voted by majority to issue an 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 North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 21. The proposed work includes: improvement of drainage conditions within a —225 11 section of intermittent stream channel located at the Runway 5 end at the Lawrence LWM which have deteriorated as a result of lack of routine maintenance and a series of significant storm events. The deteriorated conditions are exemplified by sediment accumulation, bank undercutting, uprooted vegetation, channel widening and bank overtopping. Improvement of the drainage conditions and the overall capacity of the Lawrence Municipal Airport DEP File 4242-1876 Findings&Special Conditions—Strearn Segment Drainage Improvements 1!aE 3 of 17 Lawrence Municipal Airport DEP FILE # 242 - 1876 intermittent stream system to convey stormwater flows and provide other wetland functions includes the following measures: a. Reposition the existing 24" RCP stormwater outfall from the upstream section of the work area into an existing 30" RCP bypass culvert located approximately 200' downstream of the work area. This will result in permanently diverting stormwater flows from the subject stream that originates from 15.5 acres of LMA property into the bypass culvert. Removal of this outfall will also assist in arresting a portion of the bank erosion that is occurring just upstream of the channel rehabilitation limits. b. Rehabilitation of —225 I.f. of intermittent stream channel to restore drainage capacity and reduce bank overtopping probabilities for the target theoretical storm events. Design of this rehabilitation is described in detail in the NOI narrative. c. Installation of a short-term bypass culvert at the head of the channel rehabilitation section to provide for protection of the channel rehabilitation section during the vegetation regrowth period. d. Bank repair and protection of sections above the channel rehabilitation limits to limit further sediment inputs into the system thus protecting the restored flow capacity of the rehabilitated channel. e. In order to create a more consistent channel with available capacity and freeboard an upland berm (top of berm to be at elevation 104) was added to provide better protection from larger storms with the updated increased rainfall data and to assure greater longevity. f. Wetland plantings along the rehabilitated channel edges to restore and increase bordering vegetated wetland within the work area thus meeting the wetland performance standards of the Massachusetts Wetlands Protection Act Regulations and the Town of North Andover Wetlands Bylaw. g. Wetland impacts include: —225 I.f. temporary impact and replacement of inland bank, 155 s.f. temporary impact and replacement BVW. 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 & Associated Attachments filed by: Stantec Consulting Services, Inc. 45 Blue Sky Drive Burlington, MA 01803 Project Engineer: Dominic Zazzaro, PE Stantec Consulting Services, Inc. Project Wetland Consultant: Randall Christensen, M.S. Site Plans prepared by: Stantec Consulting Services, Inc. Title: Notice of Intent, Runway 5 End Drainage Improvements Lawrence Municipal Airport DEP File 4242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 4 of 17 Lawrence Municipal Airport DEP FILE #242 - 1876 10 Sheets, signed & stamped by Dominic Zazzaro, PE Scale as noted Last Revised: Grading Sketch with Downstream Berm Last Revised: 04-17-24 Stormwater Report prepared by: Stantec Consulting Services, Inc. Signed & stamped by Dominic Zazzaro, PE Dated 09-25-25 - Sections Revised to 03-27-24, 04-15-24 & 04-17-24 Operation & Maintenance Plan: Operation & Maintenance Plan Lawrence Municipal Airport Runway 5 End Drainage Improvements Prepared by Stantec Consulting Services, Inc. Dated: 04-19-24 Peer Review Letters: Bobrek Engineering & Construction Brendan Pyburn, PE Dated: 02-27-24, 04-08-24 & 05-20-24 Response Letters: Stantec Consulting Services, Inc. Dominic Zazzaro, PE Dated: 12-08-24, 03-27-24 & 04-18-24 Memo Dated 11-20-23 Other Record Documents: Letter Dated 1.0-05-23 Subject: Lawrence Municipal Airport NOI Filing Review for Owner of 27 Charles Street Property Prepared by Hancock Associates, signed by Joseph Peznola,PE Letter Dated 10-11-23 Subject: Stantec Improvement Plan Notes/Concerns Prepared by Matthews Way Homeowners Association Trust 23. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 24. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees, contractors 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. Lawrence Municipal Airport DEP File#242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 5 of 17 Lawrence Municipal Airport DEP FILE 14 242 - 1876 25. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke, amend or modify this Order. 26. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 27. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 28. The work authorized hereunder shall be completed within three years from the date of this order. 29. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North 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 make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource areas. 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- Lawrence Municipal Airport DEP File 4242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 6 of 17 Lawrence Municipal Airport DEP FILE #242 - 1876 Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). Any future work proposed within these areas/zones will require 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 permit 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 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. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. The restored stream section shall stabilize for a minimum of one full growing season before water flow is reestablished within the stream. A qualified wetland scientist or engineer must inspect the area to ensure the channel is stable and constructed as designed before allowing stream flow to enter. This should be followed by inspections during and/or following storm events of 1/2" or more in 24 hours during the first three months followed by storm events of 1" or more during the following two years to ensure that the channel is functioning as designed and remains stable. Within one week of the storm event, the designated scientist/engineer shall submit a written report with photographs documenting the observed conditions and impacts if any. The report may be submitted as part of the weekly monitoring report (see Condition #51). 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 37. The existing Enforcement Order and associated directives shall remain in effect until such time that the work governed under this Order of Conditions commences. PRIOR TO CONSTRUCTION 38. 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. Lawrence Municipal Airport DEP File#242-1876 Findings ings&Special Conditions—Stream Segment Drainage Improvements _!!aE 7 of 17 Lawrence Municipal Airport DEP FILE 4 242 - 1876 39. This Order, in its entirety, shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1876." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes, No work shall begin on a project until written approval has been granted by the NACC. 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a dated sequence of construction. Any proposed changes to the Schedule must be approved by the NACC prior to the start of work. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. Except in wetland impact areas, all wetland flagging, outside the limits of work, shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. Lawrence Municipal Airport DEP File#242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 8 of 17 Lawrence Municipal Airport DEP FILE # 242 - 1876 45. Prior to the start of construction, erosion controls shall be installed by staked on the ground survey as shown on the approve plan set. The installed barriers shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All additional or alternative erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 75 feet of 12" mulch sock, 50 hay bales and sufficient stakes for staking these socks &bales, 150 feet of silt fence, and an adequate supply of emergency erosion controls including crushed stone, silt sacks, flock blocks,jute matting/100% biodegradable erosion control blanketing and any other erosion controls the applicant proposes to use as part of the Erosion and Sedimentation Control Plan detailed in the NOI, and the herein referenced plans. Said supplies shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. Sufficient square footage of 100% biodegradable erosion control NO PLASTIC NETTING WHATSOEVER, shall be calculated and said calculation shall be forwarded to the Conservation Department prior to any pre-construction meetings. 48. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP). 49. Once the Order is recorded and a current W9 form is provided, 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. 50. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any Lawrence Municipal Airport DEP File#242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 9 of 17 Lawrence Municipal Airport DEP FILE #242 - 1,876 emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes (or) The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 51. 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/or 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. 52. Upon completion of construction, the applicant shall permanently mark the edge of wetland or at the edge of routine mowing (furthest from the wetland at every opportunity) with signs or markers spaced evenly every thirty (30) feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules. This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. 53. 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. Lawrence Municipal Airport DEP File#242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 10 of 17 Lawrence Municipal Airport DEP FILE #242 - 1,876 54. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with the NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). [S-TORMWATER MANAGEMENT CONDITIONS 55. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 56. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer during construction. The first report shall be submitted to the NACC one year after the stream flow is restored and annual reports must maintained for a prior 5 year period in perpetuity. 57. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 58. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. FWETLAND REPLICATION & STREAM RELOCATION CONDITIONS Lawrence Municipal Airport DEP File#242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page I I of 17 Lawrence Municipal Airport DEP FILE #242 - 1876 59. The stream restoration shall be constructed in accordance with the procedures outlined in the Notice of Intent as well as the requirements of the Massachusetts Inland Wetland Replication Guidelines and Section 6.0 of the North Andover Wetland Protection Regulations. 60. The Wetland Scientist shall submit a written status report to the NACC at the following times: • At the start of temporary bypass culvert installation & removal of existing 24"' outfall components; • Sand bag, stone check darn/apron and pump installation and flow diversion; • Repair of upstream eroded bank sections; • When final grades are establish (compaction reports shall be submitted for stream embankment construction); • When the planting is completed; • One month after planting has been completed; • At the beginning and end of the growing season each year for at least two years after the stream embankment has been planted. Reports shall be received no later than July 1 and October 15 of each year. • Modification to sandbag dam as flows are introduced. Reports shall include color photographs. 61. The wetland scientist approved by the commission or its agent shall monitor the status of the stream restoration for three (3) calendar years and then until such time as the stream restoration area functions in accordance with the applicable regulations as established by data collected during monitoring. Monitoring shall include five fixed plots for vegetation progress. Annual status reports on the stream restoration, including all data collected during each of the years specified in this special condition, shall be submitted in a written report. The report shall include a description of the relative health of the planted species and shall make recommendations for replacement plants if needed. A copy of the report shall be sent to the NACC. DURING CONSTRUCTION 62, Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence and should be included with reports issued per Condition #52. 63. Approved water-diverting activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work is occurring and until this section is complete. De-watering activities shall be conducted as Lawrence Municipal Airport DEP File#242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 12 of 17 Lawrence Municipal Airport DEP FILE #242 - 1876 shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 64. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness - whichever is most applicable as determined by the Conservation Commission or its staff. 65. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 66. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical) other than that shown on the approved plan set. Slopes of steeper grade shall be rip- rapped to provide permanent stabilization. 67. All project areas shall incorporate crushed rock pads to avoid sediment tracking onto adjacent paved areas. Paved areas affected by the project shall be swept daily to remove sediment deposited by construction vehicles accessing the site. 68. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 69. All catch basins and any other stormwater inlets on the site or within 100 feet of the project shall be protected by silt sacks to prevent sediment from entering the drainage system (except where proposed to be blocked or removed). Silt sacks shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this order have been permanently stabilized and the NACC or its agent has formally approved their removal. 70. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or Lawrence Municipal Airport DEP File 4242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 13 of 17 Lawrence Municipal Airport DEP FILE # 242 - 1876 a minimum of 4" of quality loam with a minimum of 20% organic material (soils to be amended with clean leaf compost if needed). This shall all be done in accordance with DEP Massachusetts Inland Wetland Replication Guidelines and Section 6.0 of the North Andover Wetlands Protection Regulations. 71. If utilized, washings from concrete trucks, or surplus concrete, shall not be directed to any drainage system or wetland resource area. If truck washing is to occur onsite an area for this activity must be designated and approved by the Conservation Department at the preconstruction meeting. 72. All waste generated by, or associated with, the construction. activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. 73. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 74. 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 or cleaned 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 75. The coir logs located within the upstream Bordering Vegetated Wetland shall be monitored and properly maintained to function as intended. 76. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 77. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen, phosphorous free 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 Lawrence Municipal Airport DEP File#242-1876 Findings&Special Conditions—Strearn Segment Drainage Improvements Page 14 of 17 Lawrence Municipal Airport DEP FILE # 242 - 1876 property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 78. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone. This condition shall remain in perpetuity. 79. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. Stabilized slopes shall be maintained as designed and constructed whether bioengineered or mechanically stabilized. 80. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of off-site and all exposed unvegetated areas shall be seeded. 81. 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. The name and address of the individual/trust or corporation to whom the compliance is to be granted. e. The street address and assessor's map/parcel number for the project. f. The DEP file number. g. 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. h. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. Lawrence Municipal Airport DEP File 4242-1876 Findings&Special conditions—Stream Segment Drainage Improvements Page 15 of 17 Lawrence Municipal Airport DEP FILE # 242 - 1876 Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes�!Ui disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 90. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 25' No-Disturbance Zone and a 50' No-Build Zone shall be established from the edge of adjacent wetland resource areas. Future work within the wetlands or 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); Resource Area Markers (Condition #52); Adherence to Operation & Maintenance Plan (Condition#56); Discharge or spillage of pollutants (Condition#74); Monitoring and maintenance of coin logs in BVW (Condtion #75); Prohibition of underground fuels (Condition #76); Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #77); No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition#78). Lawrence Municipal Airport DIP File 4242-1876 Findings&Special Conditions—stream Segment Drainage Improvements Page 16 of 17 Lawrence Municipal Airport DEP FILE # 242 - 1876 APPENDIX A- AFFIDAVIT ............... ............ oil oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) ............... I am titre of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions.....................-.__..._._......__........-............-- have been placed upon by (DEP or NA CC num ber) the North.Andover Conservation Commission. &/or 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions.._.____...................... have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions.................... and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of.........................1.9.......I inspected.said property together with any and allirnprovernents 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 (DEP File #) Signed under the pains and penalties of perjury this.................. day 1.9 -—---------- (Signature-authorized agent of applicant or owner) Lawrence Municipal Airport INT File 4242-1876 Findings&Special Conditions—Stream Segment Drainage Improvements Page 17 of 17 Lawrence Municipal Airport Runway 5 End Drainage Improvements Operation&Maintenance Plan Table 1: Project Component Inspection and Maintenance Schedule Stream Project Con onent Description/Location Inspection Frequency Assessment Items Corrective Actions j Any visible subsidence of cover material shall be inspected for e connection failure. Utilize clean backfill and topsoil to meet Drainage manholes{5}and buried pip reinforced concrete pipe surrounding grade and cover with the project seed mix. Pipe RW 5 End—from pipe inlet at Station Quarterly low flow visual connection failure shall require immediate contact with the 30"Culvert Bypass System 4+50 to the discharge into the runway assessment and wet weather(25- airport engineering team to investigate and correct. safety area bypass culvert. year storm intensity)inspection Remove all loose debris from inlet. Ensure a tight fit between Flared pipe inlet with rip-rap the flared end attachment and pipe mouth;readjust as protection necessary. Hand adjust rip-rap for level and complete coverage of the pipe flared end entrance. Add rip rap as needed for scour protection, Inspect for tenting of the fabric. Insert additional staples as needed to reestablish direct contact with bank substrate. Repair tears in fabric by inserting new sections beneath each Erosion control fabric tear and securing with staples. Hand clip any woody vegetation that is interfering with fabriclstreambed contact. I Apply an appropriate herbicide to cut woody stems in the 90 linear feet of bank extending from j Quarterly low flow visual absence of an standingwater. Rehabilitated Bank(South Side) assessment and wet weather(25- the flared end inlet at Station 4+50 Ensure full and direct contact between the logs and the downstream to Station 3+60 on south year storm intensity)inspection corresponding substrate. Add rebar or hardwood stakes to side of channel Coir logs secure loose or disturbed logs. Ensure upstream log ends are not subject to direct line of flow. Bend inward and resecure log i ends that are impacted by direct flows. Manage and remove debris from the channel bottom and up to Channel two feet up each side slope. Ensure a continuous unobstructed flow in this channel section by managing debris accumulation during each low flow inspection. Inspect for tenting of the fabric. Insert additional staples as needed to reestablish direct contact with the streambed and bank. Repair tears in fabric by inserting new sections beneath Erosion control fabric each tear and securing with staples. Hand clip any woody vegetation that is interfering with fabriclstreambed contact. Apply an appropriate herbicide to cut woody stems in the absence of any standing water. 195 linear feet of channel extending Quarterly low flow visual Ensure full and direct contact between the logs and the Rehabilitated Channel from Station 3+60 downstream to assessment and wet weather(25- corresponding substrate. Add rebar or hardwood stakes to Station 1+65 year storm intensity)inspection Coir logs secure loose or disturbed logs. Ensure upstream log ends are not subject to direct line of flow. Bend inward and resecure log ends that are impacted by direct flows. Manage and remove all woody growth and debris from the channel bottom and up to two feet up each side slope. Remove Channel growth in a manner that provides maximum protection of erosion control fabrics. Manage and remove accumulated sediment from on top of the erosion control fabrics. Hand remove and dispose of Lawrence Municipal Airport Runway 5 End Drainage Improvements Operation&Maintenance Plan accumulated sediment to upland areas of the airport property. Stabilize disturbed areas with the project grass seed mix. Inspect for tenting of the fabric. Insert additional staples as needed to reestablish direct contact with berm substrate. Repair tears in fabric by inserting new sections beneath each 165 linear feet of new upland berm Erosion control fabric tear and securing with staples. Hand clip any woody Nan-rehabilitated Chanel Section Quarterly low flow visual vegetation that is interfering with fabriclstreambed contact. with New Upland Berm South along the south side extending from ( assessment and wet weather 25- Apply an p ( Station 1+65 downstream to Station ( pp y appropriate herbicide to cut woody stems in the Side) 0+00 year storm intensity)inspection absence of any standing water. Manage and remove debris from the channel bottom and up to 1 Channel two feet up each side slope. Ensure a continuous unobstructed flow in this channel section by managing debris accumulation during each low flow inspection, 600 linear feet of channel beginning at Manage and remove debris from the channel bottom and up to l low flow visual Previously Relocated Channel runway safety area bypass culvert Quarterly two feet up each side slope. Ensure a continuous unobstructed Section at Runway 5 RSA inlet extending to runway safety area assessment and wet weather(25- Channel flow in this channel section by managing debris accumulation bypass culvert outlet year storm intensity)inspection during each low flow inspection. Ensure full and direct contact between the logs and the Upstream of rehabilitated channel Quarterly low flow visual corresponding substrate. Add rebar or hardwood stakes to Coir Log Diversion section within the wooded swamp assessment and wet weather(25- Coir Logs secure loose or disturbed logs. If severe log deterioration is bordering the end of Poor Street year storm intensity)inspection noted,add additional logs as needed to provide for the intended I diversion. i,`