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242-1894, 1101 Turnpike Street OOC R1 - Permits #242-1894 - 1101 TURNPIKE STREET 11/22/2024
4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1894 ILI MassDEP File�____ WPA, Form ® Order of Conditions ......................... _.. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transcti North Andover Cityfrown A. General Information Please note: North Andover this farm 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 I To: Applicant: Requirements Corey Schutzman a.First Name b. Last Name Important: Massachusetts Electric Company When filling --._.._ ........_..._.__.. p y _ .._..._...... _ out forms on c.Organization the 170 Data Drive computer, use only the d.Mailing Address tab key to Waltham MA 02451 move your e.City[Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. r�1 a.First Name b. Last Name c.Organization retrnn _....._ ......... ....._......_. .. d. Mailing Address _—.._........... — ............----....... e.City/Town f.State g.Zip Code 5. Project Location: 1101 Turnpike Street North Andover a.Street Address b.City/Town Map 107C Lot 16 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d65m323s 71d10m033s d.Latitude e. Longitude wpaform5.doc-rev 5/18/2020 Page t of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1894 WPA Form 5 — Order of Conditions MassDEP File# 4� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover ........................................ City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Northern Essex a.County b.Certificate Number(if registered land) 1168 499 c. Book d.Page May 30, 2024 Novmeber 13, 2024 11-22-24 7. Dates: a. Date Notice of 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): 1101 Turnpike Street- 9 Sheets a. Plan Title VHB Shane Michniewicz, PE b. Prepared By c.Signed and Stamped by September 16, 2024 As Shown d. Final Revision Date e.Scale See Attached List of Approved Documents & Plans f.Additional Plan or Document Title g. Date 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 Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc-rev 5/18/2020 Page 2 of 13 4 Massachusetts Department of Environmental Protection Provided byM» »oEP: Bureau Of Resource Protection - Wetlands 242'10B4 ����� � � Order � Conditions �nn ^� Form � ~— v��x��� ��u `�����uU^Uons Massachusetts Wetlands Protection Act K8.G.L. c. 131. G40 oDsp Transaction# 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. Therefore, work on this project maynotQofomvandun|e000nd 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. Therefnne, work on this project may not gnforward unless and until revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Ant's interests, and m final Order ofConditions in issued. & description of the specific information which is lacking and why it is necessary is attached tV this Order as per 31OC88R1D.05(6)(c)' 3, F! Buffer Zone Impacts: Shortest distance between limit ofproject disturbance and the wetland resource area specified in31QCPWR1O.UJ(1)(a) a-»*ear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4 Bank � ��l� a.linear feet-- Tb. linear feet — G.linear feet-- d.linear feEt-- n, El Bordering Vegetated Wetland a.oouonu feet b.square feet o.square feet oquena feet O. Fl Land Under VVo\nrbodieemnd u.square feet h.square feet o.square feet d.square feet Waterways 7. 171 Bordering Land Subject toFlooding m.square feet b.square feet o.square feet U.square feet Cubic Feet Flood Storage ��cm����-- f�u���t-- g.cubic feet �.��u�fe�-- 8. Fl Isolated Land Subject to Flooding m.square feet b.square feet Cubic Feet Flood Storage c.cubic feet _ d.cubic feet _ e.cubic feet_ f.cubic feet _ 81 81 | 9. �� Rivar�nniArna / sq.feet a.total sq.feet 81 81 n/a parking ma parking lot � Sqh within 10Oft � o.square feet d.square feet lot [oquaoo�m � 8qM between 1QO- � 208ft g.square feet h.square feet i square feet j.square feet � � � � nnaformauoc'rev^xo/2mo Page vm/o 4 Massachusetts Department of Environmental Protection Provided by NlassDEP: Bureau of Resource Protection - Wetlands 242-1894 '❑ WPA Form 5 ® Order of Conditions MassDEP File Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 eDEP Transaction#f North Andover City/Town B. Findings (cant,) 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.cly dredged d.cly dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ElCoastal Beaches —_._....... eu yd...... _._ c:!'..yd n a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal 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,cly dredged 19. ❑ 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 f# _ ..... _ _. ...._..__ . 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 5/18/2020 Page 4 of 13 4 Massachusetts Department mf Environmental Protection Provided uymemosp: 18Q4 Bureau of ��eGUU[CeProtection - Wetlands 242- ������ � � «��� � �� �.�~ ��u �� Form ~, -- Order ��: ����K�^uUuUons Massachusetts Wetlands Protection Act K8.G.L. o. 131, §40 ebEPTmnoa�|on# North Andover B, Findings (cont.) ^#23. |f the o3 �� Restoration/ Pn4o�ie�/ �~ the purpose m[ restoring or enhancing ~.square feet~~``` ~.square feet~'salt marsh wetland resource area z4. 171 SXreamCrummingAA: in addition Vo the square footage that a.number v,new stream crossings o.number m replacement stream crossings ha s been C. General Conditions Under Massachusetts Wetlands Protection Act entered in GectionB.5.o (oV«V)or The following conditions are wn|ympp|iumb|eto4`p�rmved projects. B.17.o(6a ' (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 orinvasion 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, ordinmnuee, by[owm, or regulations. 4. The work authorized hereunder shall bg completed within three years from the date ofthis Order unless either of the following apply: a. The work is o 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 |eom than five yaaro, from the date of issuance. If this Order in intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth aaa special condition in this Order. o. |f the work io for a Test Project, thin (}uderofCondiUonsshoNbeva|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. An Order of Conditions for a Test Project maybeoxhmndedforooa additional year only upon written application by the applicant, subject to the provisions of 310 OK8R1O.O5(11)(h, 0. |f 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 bv the Department. | | 7. Any fill used in connection with this project shoUbeolean0iAnyfiUnhoUconta|nnohaeh. rofuna, rubbish, or debris, including but not|hnded to |umber, bricks, plaster, wire, lath, � paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any cfthe � foregoing. � � � � 4 Massachusetts Department of Environmental Protection Provided uymummoop 242-18�4 BU[e@U Of Resource Protection -WetlaOdS ����� � � ���� � Conditions ��" �� Form ~� —~ ��n ����� ��u ��K�K�^��u�ons Massachusetts Wetlands Protection Act K8.G.L. o. 131. §40 emEP Transaction# North Andover u,y//mwn C. General Conditions Under Massachusetts Wetlands Protection Act B. This Order is not final until all administrative appeal periods from this Order have elapsed, or|fsuch an appeal has been hakon, until all proceedings before the Deportment have been completed, 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land in |ocobad, 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 ofthe 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. Aaign ahoU be displayed ot the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department uf Environmental Protection" [or, '^N1oaaDEP] "File Number 242-1804 " 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 N1eaaOEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (VVPA Form 8A) hn 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 suNeu�ho�hieOr��randtoonyoonhaoturnrnth*rpenaonp�rformingvvork � ^ � conditioned bv this Order. � 4 Massachusetts Department of Environmental Protection Provided by MassoEP: Bureau of Resource Protection - Wetlands 242-1894 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden 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 a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order(the "Project") (1) ® is subject to the Massachusetts Stormwater Standards (2) ❑ is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards, then the project is subject to the 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 Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No 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 BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; Waform5.doe•rev 5/1 812 02 0 rage 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: _ Bureau of Resource Protection - Wetlands 242-1894 MassoEPFf SPA Firm 5 -� Order of ��Conditionsie#_ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 edP l ransactu7n North Andover CitylTown ..............------- C. general Conditions Under Massachusetts Wetlands Protection Act (cunt.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater 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 Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc•rev 5/18/2020 page 8 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1894 MassDEP File#_._._....._.._.m Li WPA Form 5 -- Order of Condition Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction North Andover city/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) 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 stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP 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 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 stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3„ Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. C) 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 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(11), 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 threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.doc rev 5/18/2020 Page 9 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1894 MassDEP File# f � WPA Form v - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover diyftown D. Findings Under Municipal Wetlands Bylaw ©r Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to rneet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw& Regulations Chap. 190 1.Municipal Ordinance or Bylaw et. seq. 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): North Andover Conservation Commission Findings & Special Conditions (see attached) wpaform5.doe•rev 511 812 02 0 Page 10 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1894 WPA Form 5 — Order of Conditions tvtassDEP File# Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 oDEP-r«nsaction . North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 1.date of Issuance Please cate the members who n this form. This Orders must be signed of a majority of the will ongservation Commission. 2.Number g y t y of Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant,A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically,and the property owner, if different from applicant, Si Q re ��.. ... 1�..._...... P J!'�V A I to .. ...� 1J...� dN ram' __—__..._..._._ .. ....__.. ... Signature Printed Name ..._...... _ -- Slgnatu Printed ,Name Si rtatu k, Piedl t J l'ff I /r I�.°,"4 id Mf g a d Na 'JAp 0 lJ— Signeture Pr' ted Name Signature Printed Name g a Signature Printed Name Signature Printed Name Fl by hand delivery on by certified mail, return receipt requested, on Date Date wpaformUoc rev 81312023 Page 11 or 13 4 Massachusetts Department of Environmental Protection provided by MassDEP: Bureau of Resource Protection - Wetlands 242 1894 MassDEP File# W A Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eo rth Andover North Andover City/Tawn 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 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. wpaform5.doc•rev 5/1 812 02 0 Page 12 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: 242-1804 BUKeGU of Resource Protection - WetlGDdS ����� � � ���� � Conditions num *� Form � —~ ~�u ���� ��x ~����v*U��ons Massachusetts Wetlands Protection Act K8.G.Lo. 131` G4O *VEP Transaction# 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 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 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 ba submitted to the Conservation Commission listed below. North Andover Detach on dotted |ine, have stamped by the Registry ofDeeds and submit tothe Conservation Commission. -----'�------------'--'��-''--- � ��� ' ' -- �' � --'�- -''-- --'�-------'' /o: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at 11O1 Turnpike Gt t 242-1894 Project Location MassDEP File Number Has been recorded at the Registry nf Deeds of: Northern Essex County Book Page fofor. ----- -KA hu oUa Electric Company c/o Corey Schutzman Property Owner and has been noted in the chain of title of the affected property in: 5320 269 b7ook Page |n accordance with the Order uf Conditions issued on: 11-22-24 If recorded |and, the instrument number identifying this transaction |e� |f registered land, the document number identifying this transaction is: Document Number Signature of Applicant � � 11.01 Turnpike Street DE ' FILE # 242-1894 Findings of Fact Current Project Site Conditions: The approximately 32.4-acre project site currently consists of Massachusetts Electric facility buildings, equipment storage areas, paved roadways, parking lots, wooded and wetland areas, and areas of maintained lawn at the front of the main building. Previous Permits with the Conservation Commission: • OOC, #242-84 - 1980, parking lot expansion, CofC issued April 2016 • OOC, #242-874 - 1.997, UST replacement, CofC issued August 1.998 • OOC, #242-1123 - 2002, sewer line install -work was never done, CofC issued April 2016 • OOC, #242-1360 - 2006, install gravity sewer line, CofC issued December 2011. • OOC, #242-1626 - 201.4, culvert repair &restore, CofC issued September 2017 • OOC, #242-1.830 - December 2021. - build truck storage barn,work likely to start soon, OOC will expire on December 2, 2024 • RDA - 1.997 -install concrete islands and electrical conduit for front gate safety • RDA - 2006 - remove USTs and canopy • RDA -- 2016 -- install sewer connection from maintenance building to existing manhole with oil/water separator • RDA - 201.7 - repave & restripe existing parking lot behind maintenance building, seal cracks, replace some sections of curbing and sidewalk The NACC agrees with the delineation of the following wetland resource areas as reflected. on the approved plan and observed by the Conservation Administrator in the field. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests in the Act and Bylaw: • Bordering Vegetated Wetland (BVW): o WF1-99 thru WF1-104 o WFI-400 tliru WFI-409 o WFI-200 thru WFI-223 o WFI-500 tliru WF1-512 o WF1-300 thru WFI-30t o W172-100 tlrru WF2-104 o WF'5-100 thru WF5-111 • Isolated. Vegetated Wetlands: WF3-1.00 thrti W173-115 & W174-100 thru W174-107 • 100-Foot Buffer Zone to BVW & IVW • Bank of unnamed perennial stream: o BFI.-1.00 tliru BFI-128 o BFI-200 thru BF1-21.1 • 200-Foot Riverfront Area to unnamed perennial stream • Land Under Water Bodies &Waterways (pond) • The property does not lie within NHESP Priority Habitat • According to July 2012 FIRM, the property does not lie within the 100-year floodplain (Note: according to 2023 Preliminary FIRM, portions of the property will be placed in 1101 Turnpike Street Findings&Special Conditions DIP File##242-1894 Page 1 of 16 1101 Turnpike Street DEP TILE #242-1.894 the 100-year floodplain, but no work proposed in the project will take place in those areas) The on-site resource areas do not contain certified or potential vernal pools based on NHESP mapping. Notice of Intent, DEP File #242-1894 Procedural History. On May 30, 2023, the NACC received a Notice of Intent and associated attachments, stormwater management report, and site plans for proposed work at 1.1.01 Turnpike Street, Assessor Map 107C Lot 16. The NACC held the public hearing at its June 26, 2024, October 9, 2024 and November 13, 20204 meetings. The Planning Board received a Land Disturbance permit application and issued an approval decision with conditions on September 24, 2024. The project will disturb more than one acre of land and increase impervious surface by 22,000 s.f.+, therefore will be subject to EPA's NPDES Construction General Permit. 'The project is also fully subject to Mass DEP Stormwater Standards as well as North Andover's Stormwater Management&Erosion.Control Bylaw, and thus was reviewed by the Town's 3"d party peer review engineering firm, Horsley & Witten who provided 3 rounds of comments. The NACC provided comments and feedback on the Stormwater Management Plan and associated Operations & Maintenance Plan. The applicant's consultant provided responses accordingly. This Order of Conditions stands alone and is separate from the outstanding Order of Conditions, #242-1830, issued in December 2021 governing the construction of a truck storage barn on site (which was extended for 1. year at the November 13, 2024 meeting as work is about to commence shortly), These two permits in no way cancel out or override each other and each set of conditions shall be of separate effect. At its November 13, 2024 meeting, having received sufficient information, and there being no further need for supplemental information and no remaining questions from the NACC or the public (no public comment was received),the NACC voted 6-0 (6 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 after making revisions thereto, voted 6-0 (6 in favor, 0 opposed) to issue an Order of Conditions, Findings of Facts and Special Conditions as amended 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. 1.1.01 Turnpike Street Findings&Special Conditions DEP Pile#242-1.894 Page 2 of 16 1101. Turnpike Street DEP FILE # 242-1894 GENERAL CONDITIONS 20. The proposed work includes: Expanding one of the parking areas at the front easterly side of the facility to contain a total of 79 parking spaces. (13 spaces currently, 66 more proposed). Constructing a retaining wall on the southern edge of the parking lot with a wooden guardrail at the top. Construction of a maintained, non-jurisdictional gravel wetland with a sediment forebay below the retaining wall to treat the stormwater from the parking lot. Installation of two catch basins to capture Stormwater from the parking lot and convey via reinforced concrete pipes to the gravel wetland. No new work is proposed within the 25' NDZ or 50' NBZ. No work is proposed in LUWW, Bank or BVW (or IVW). 81 s.f. of Piverfront is currently paved and will be repaved and restriped. 600 s.f. of permanent impacts to the 100' Buffer Zone will consist of conversion of lawn to new impervious parking area. 21. "The work shall conform to the following: Property Owner/Applicant: Corey Schutzman Massachusetts Electric Company 170 Data Drive Waltham, MA 02451 Representative: Kelan Koncewicz Vanasse Hangen.Brusltin (VI-IB) 260 Arsenal Place, #2 Watertown, MA 02472 Documents: Notice of Intent Application WI?A Form 3 -Notice of hltent with associated attachments Received: May 30, 2024 Stormwater Management Report dated October 8, 2021 prepared by: VI-IB dated May 30, 2024 Horsley Witten Group Initial Stormwater Peer Review Letter - dated July 1., 2024 VHB Response to Initial Stormwater Peer Review Letter - dated July 24, 2024 Horsley Witten Group Second Stormwater Peer Review Letter: - dated July 30, 2024 VHB Notice of Intent (NOI): Merrimack Valley Operation and Maintenance Facility Parking Expansion (DEP File No. 242-1894) - Response to Cormnents letter/package dated 1"1.01 Turnpike Street Findings&Special Conditions DEP Fite#242-1894 Page 3 of 16 1101 Turnpike Street DEP FILE: # 242-1894 November 1, 2024 Stormwater Management System Operations & Maintenance Manual - National Grid Merrimack Valley O&M Facility - Prepared by VHB, Revision dated 10-30-24 Site flans: 1101 Turnpike Street, North Andover, MA Sheets C1, C2, C3.01, C6.01, C6.02, C6.03 dated May 30, 2024; Sheets C4.01, C5.01., L 1.01 dated September 16, 2024 Existing Conditions Plans (4 Sheets) dated April 3, 2024 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting 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. 23. 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. 24. 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. 25, 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. 26. 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. 1101 Turnpike Street Findings&Special Conditions DEP File#242-1.894 Page 4 of 16 1101. Turnpike Street DEP FILE #242-1894 27. No other work aside from that approved under this Order is authorized unless and until Such additional work is properly reviewed either under a new application or amendment/modification hereto, and written approval is issued by the NACC. 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 zones 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-Build lone shall be established from the edge of BVW as shown on the approved plan. The Conservation Administrator and/or other: agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. Any future work on the site within wetland resources or buffer zones will require a separate filing with the NACC. (See Section 3.4 &Appendix F of the local Regulations). 33. The applicant, homeowner their successors in title and their contractors are advised that NO other work on the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones site and any work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes, but are not limited to, house additions, pools, patios, decks, sheds, fences, garden beds, landscaping and bridge installation, tree or vegetation or tree cutting/pruning. These activities shall be held to the current standards under the Bylaw and WPA and must be reviewed under a separate application. submitted to the Conservation.Commission. 34. 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 1:101 Turnpike Street Itindings&Special Conditions DEP File#i242-1894 Page 5 of 16 1.1.01 Turnpike Street DEP FILE # 242-1894 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. 35. 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 Orden, 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. 36. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded, 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 Land, the Final Order shall also be noted on the Land Court Certificate of'Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover:Conservation. Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A check payable to the Town of North Andover shall be provided in the amount of ten thousand ($10,000), 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 1101 Turnpike Street Findings&Special C«nditions DEP File#242-1894 Page 6 of 16 1101 Turnpike Sheet DEP FILE # 242-1894 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. 40. The applicant shall designate a.Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC.in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation.Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes and direct the contractor to take necessary actions in order to address any erostion control problems observed. The Envirora- ental 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. 41. Any other 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 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, erosion control monitor shall arrange a meeting 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 -1 1,01Turnpike Street Findings&Special Conditions DEP Vile##242-1894 Page 7 of 16 1101 Turnpike Street DEP TILE #242-1894 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. The SWPPP shall be prepared in accordance with the US Envirorunental Protection Agency's Stormwater Construction General Permit (USEPA, 2022) and related guidance document entitled "Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Operators" d. 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, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. 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. e. The applicant/contractor shall submit to the NACC for approval, a dated and detailed sequence of construction, including the installation of erosion controls, demo/cut/fill operations, paving, planting, and final stabilization. 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. 44. 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. The proposed limit of work shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and 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. 45. A sign shall be displayed at the site entrance viewable from Rt. 114, not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1894". 1.1o1 'Turnpike Street Findings&Special.Conditions DEP File#242-1894 Purge 8 of 16 1101 Turnpike Street DEP FILE # 242-1894 46. At a minimum 12" staked compost or bark mulch filter sock shall be placed between all construction areas and resource areas as shown on the herein referenced plan. The erosion control barrier will be properly installed and placed as shown oil the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All 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 or its agent, they shall be installed within 48 hours of the request. 47. The applicant shall have on hand, and protected from the elements, at the start of any soil disturbance, removal or stockpiling, a minimum of fifty (50) feet of approved erosion controls and additional stakes for staking. Said erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant/monitor shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm 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. 49. Prior to construction, the applicant shall permanently mark the edge of the 25' NDZ or edge of vegetated (un-mowed) areas along the wetland side of the project- specifically along the south side of the main access driveway and northerly edge of the BVIN surrounding the interior pond - with thirteen (13) wetland markers spaced evenly approximately every 35 feet to be mounted on mature trees or 4x4 pressure treated posts as agreed upon with the Conservation Administrator, incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round 1.101 Turnpike Street Bindings&Special Conditions D> P Idle#242-1.894 Page 9 of 16 11.01 Ttirnpike Street DEP FILE #242-1894 markers). These markers will designate the sensitivity of the resource area 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. Markers are available from the Conservation Department ($2 round and $3 square). 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above-mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall. arrange an on-site conference with a NACC representative (and Planning Department representative if available), the contractor, project engineer, the erosion control monitor 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 oil-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours), STORMWATER MANAGEMENT CONDITIONS 52. 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, 1101 Turnpike Street Filidings &Special Conditions DEP File#242-"1894 Page 10 of 1.6 1101 Turnpike Street DEP FILE # 242-1894 53. 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. 54. Waver quality in down gradient EVW'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. 55. 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. 56. 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. 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collection basins and forebays, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. 58. All stormwater best management practices shall be maintained as specified in the approved Operation and Maintenance Plan (O&M) submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the 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 fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. DURING CONSTRUCTI©1V 1.101'Turnpike Street Findings&Special Conditions DIP bile#242-1894 Page 1.1.of 16 1101 Turnpike Street DEP FILE # 242-1894 59. Upon beginning work, the applicant/monitor shall submit written progress reports weekly (as part of the erosion control monitoring reports) detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence 60. Dewatering activities are not proposed as part of the filing. However, under no circumstance may discharge of water be allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw, If. emergency dewatering 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. 61. Paved areas shall be swept daily to remove sediment deposited by construction vehicles accessing the site. 62. Any fill used in connection with this project shall be clean fill/natural materials, containing no trash, refuse, rubbish or debris, including but not limited to concrete, crushed glass, 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. 63. 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 or other stabilization method (as directed by the Conservation Department) 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 as directed by the NACC. 64. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical) other than that approved under this Order. 65. There shall be no stockpiling of soil or other materials within 1.00-feet of any resource area. Stockpiled materials shall be stored within erosion controls in the location shown on the herein referenced plan or trucked off site. 66. 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. 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 1101 `Turnpike Street Findings&Special Conditions DEP File#2424894 Page 12 of 16 1101 Turnpike Street I)TP FILE #242-1894 the NACC or its agent has formally approved their removal, Newly installed catch basins shall be protected with silt sacks as soon as they are connected to the storm.water system so as to protect the system from sedimentation during construction phase. 67. Washings from concrete trucks (if any), or surplus concrete, shall not be directed to, any drainage system, catch basin or wetland resource area. If truck washing is necessary an area shall be designated and approved by the Conservation Department. 68. 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. 69. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 70. 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 71. 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. 72. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen type (< 5%), phosphorus free and shall not be used within 25 feet of a resource area, Pesticides and herbicides shall not be used within 1.00 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'f'own s Wetland Protection Bylaw and shall survive the issuance of a Certificate of Compliance. 73. There shall be no dumping of leaves, grass clippings, brush, dog waste, or other debris into a wetland resource area or beyond the No-Disturbance Zone demarcated by the posts 1.101 Turnpike Street Findings&Special Conditions DEP File#242-1894 Page 13 of 16 1101 Turnpike Street DEP FILE # 242-1894 and/or wetland markers. This condition shall survive the issuance of a. Certificate of Compliance, 74. 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, 75. 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. 76. 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. 77, The roof infiltration trench shall be inspected and cleaned annually and cleaned of accumulated debris/leaves and maintained so as to ensure its continued function. 78. 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. An "As-Built" plan, in the same scale as the record plan referenced herein, prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional land Surveyor) of the Commonwealth, for the public record and. This plan will include: 1.101 Turnpike Street Findings &Special Conditions DEP rile##242-1894 Page 14 of 16 1.101 Turnpike Street DEP FILE #242-1894 "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 1.00 feet of any wetland resource area. NOTE: if portions of the stormwater systems exist partially within the Buffer Zone then the entire structure must be depicted to accurately verify compliance. "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from all structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. Location of all subsurface utilities entering the property. Y Location of No-Disturbance Zone posts with markers. 79. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: No other work allowed unless new application submitted with the NACC (Condition 27); A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (See Section 3.1. and 3.4 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#49); Adherence to and annual reporting of the "Operation and Maintenance Plan". No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report (Condition #58); Discharge or spillage of pollutants (Condition #70); ➢ Prohibition of underground fuels (Condition #7 0; r Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #72); Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #73); Prohibition of use of coal tar-based pavement sealants/products (Condition #74); 1.1.01 T«rnpike Street Findings&Special Conditions DEP file#242-1.894 Page 15 of 16 1101 Turnpike Street IMP FILE # 242-1.894 APPENDIX A - AFFIDAVIT 11...._ ... _- ...._._e_. _ _on oath do Hereby depose and state; (authorized agent applicant anal/or current owner) (PLEASE CHECKAT LEAST ONE BLOCK) �.. Iamthe (position with applicant) (applicant name or company name) the applicant upon whom Carder of Conditions..................... have been placed upon by (DEP carNACC minibet) 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. I hereby affirin and acknowledge that I have received said Carder of Conditions ..........._ and have read the same and understand each (DEP File#) and every condition which has been set forth in said Carder of Conditions. & 4. 1 hereby affirm and acknowledge that on this day of _........20 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions_...___.._............... are presently in compliance. (DEP File#) & 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions_,....._. _...._ (DEP File #) Signed under the pains and penalties of perjury this .._..__......_day of 20_............ __. - - (Signature-authorized agent of applicant or owner) 1.1.01.Turnpike Street Findings&Special Conditions DEP File#242-1894 Page 16 of 16