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Home My WebLink About242-1906, 430 Osgood Street - NAHS Field Project OOC - Permits #242-1906 - 430 OSGOOD STREET 4/30/2025 4 Massachusetts Department mf Environmental Protection Provided uymoanEp 1QO8 Bureau of ��eGOUrCeProtection - \�/8fl@Ods 242- maeaDEP File# �� Order � Conditions ��m �� Form =, -� �� n �*��D�Kons Massachusetts Wetlands Protection Act K8.G.L. o. 131. 840 eDEp Transaction# North Andover A. General Information Please note: North Andover this form has 1. From. been modified Conservation Commission with added o This issuance |afor space to a. Order b Amended (}nderofCond�ona accommodate (check one): � �� F� the Registry of Deeds 3. To: Applicant: Requirements Pamela Lathrop a. First Name b. Last Name Important: When filling North Andover Public Schools out forms nn c.urganizomn the 566 Main Street computer. use only the — ---g'--- - uobkeym North Andover MA 01845 move your e.oty/rvwn t state g.Zip Code ovmnr-dn not use the 4. Property Owner(if different from opp|ioant): return key. c.Organization -e. City/TOM f.State g.Zip Code 5. Project Location: 43O Osgood Stnaet (High School North Andover a. Street Address b. City/Town Map 94 Lot Latitude and Longitude, ifknown: 42d701m e 71d116m s d. Latitude e. Longitude ~nam,mo.00=^rev 5/1oo02o Page 1m10 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1906 _ L11 - MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# 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) 1170 337 c.Book d. Page January 23, 2025 April 23, 2025 April 30, 2025 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): Athletic Field Improvements North Andover High School a.Plan Title Gale Associates, Inc. Peter Spano, PE b. Prepared By c.Signed and Stamped by March 10, 2025 &April 15, 2025 as shown d. Final Revision Date e.Scale See attached list of other approved documents 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 by MassDEP: Bureau of Resource Protection - Wetlands 242-1906 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 15 15 30 30 4. ® Bank a. linear feet b. linear feet c. linear feet d.linear feet 5. ® Bordering 125 125 950 950 Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 500 500 9. ® Riverfront Area a.total sq.feet b.total sq.feet 500 500 Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc•rev 5/18/2020 Page 3 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1906 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches — cu yd cu yd a.square feet b.square feet c.nourishment d. nourishment ❑ Coastal Dunes cu yd cu yd 14. a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 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 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc•rev 5/18/2020 Page 4 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection -Wetlands 242-1906 }� MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town B. Findings (cont.) p 23, If is for the 23. ElRestoration/Enhancement*: the purpose of restoring or enhancing a W a.square feet of BV b.square feet of salt marsh wetland resource area 24. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVw)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 Y Y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work is a maintenance dredging project as provided for in the Act; or b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. wpaform5.doc•rev 5/18/2020 Page 5 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1906 L11hkV MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 242-1906 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doc•rev 5/18/2020 Page 6 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1906 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden 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; wpaform5.doc•rev 5/18/2020 Page 7 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1906 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 242-1906 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 1) 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 242-1906 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or 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 meet 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.doc•rev 5/18/2020 Page 10 of 13 4 Massachusetts Department mf Environmental Protection Provided bymassDEp: Bureau of Resource Protection - Wetlands 242-1QOG ��V��J� �� x� � Conditions ----- F—' ��m ^� Form � �� ~�x�� ~��N�� Massachusetts Wetlands Protection Act K4.Gl. C. 131, 84O NorthAndover E. Signatures This Order ie valid for three years, un|euaothurwiaoepeoifiodoeuopmda] condition pursuant to General Conditions#4.from the date ofissuance. 1.Date of Issuance Please indicate the number of members who will sign this form. This Order must bo signed bya majority of the Conservation Commission. Numurr"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 ature Printed Na e ignature Printed Name Signa ure Printed Name Printed Name Signature Printed Name, Signature Printed Name 710 re Printed Name [� �� by bv certified mail, return receipt ^ r e q u e sted nn 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1906 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action 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 5/18/2020 Page 12 of 13 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1906 MassDEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town 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 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. -------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 430 Osgood Street 242-1906 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page North Andover Public Schools for: Property Owner and has been noted in the chain of title of the affected property in: 1170 337 Book Page In accordance with the Order of Conditions issued on: 04-03-25 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc•rev 5/18/2020 Page 13 of 13 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions The North Andover Conservation Commission (hereinafter the "NACC") sets forth the following findings of fact: Project Site Location: 430 Osgood Street, the North Andover High School campus, Assessor Map 94 Lot 3, consisting of approximately 84 acres, (hereinafter collectively considered "the project site"). The project site is bound to the north by one of the Town's fire stations, to the east by residential properties on Osgood Street, to the south by Cochichewick Brook and associated wetlands and to the west Chickering Road. Project Site Development &Wetland Permitting History. The site was originally developed in the mid 1970's for the Town's high school campus, at which time the main building and associated parking were concentrated at the southerly end of the site and playing fields to the north. • September 1999 - a Determination of Applicability was issued to confirm delineation of all wetland resources found on site. • 2001 - an Order of Conditions, Mass. DEP File #242-1045,was issued governing a complete redesign of the campus including a new high school building, reconfigured parking, playing fields, campus access and circulation drives, utilities, stormwater management BMP's,wetland fill and replication. • 2004 the Order of Conditions, Mass. DEP File #242-1045 was amended to include synthetic turf fields for the track and football stadium, a natural grass baseball field and pre-existing tennis court repaving. • June 16, 2017- Mass. DEP File #242-1045 a Partial Certificate of Compliance issued for work associated with synthetic turf fields located at the lower fields (stadium and practice field) and at the track. Limited as-built plans were provided with this request - which included a partial existing conditions plan survey of the project area was conducted by Gale Assoc. on April 5, 2017- the limit of the survey was the synthetic turf perimeter. • June 19,2017- a Determination of Applicability was issued allowing replacement of existing synthetic turf carpets in both northerly and southerly fields • March of 2025 - Mass. DEP File #242-1045 a Partial Certificate of Compliance was issued for limited footprints and only specific aspects related thereto that included areas of tennis courts, shotput area,baseball field and select areas of Walsh Stadium. "Note: Any non-compliant features found as part of this Partial Certificate of Compliance review will be rectified during work performed under this Order of Conditions, DEP File #242-1906. A comprehensive as-built survey of the entire High School campus will be performed at the conclusion of work under #242-1906 so as to request a full and complete Certificate of Compliance for both OOC's #242- 1045 & #242-1906. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 1 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions Project Site Wetland Resource Areas: The NACC agrees with the delineation of the following wetland resource areas based on the Conservation Department staffs' field inspection, 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. • Bordering Vegetated Wetlands (BVW): o BVW Series 1 - Flags 1-25 - associated with Cochichewick Brook o BVW Series 2 - Flags 1-26 - south of the baseball field o IVW Series 3 - Flags 1-7 - south of Walsh Stadium o BVW Series 4 -Flags 1-18 - associated with intermittent stream between Wayne Street and tennis courts o BVW Series 5 - Flags 1-15 south of baseball field o BVW Series 6 - Flags 1-41 -west of intermittent stream o BVW Series 7- Flags 1-28 - east and south of intermittent stream o BVW Series 8 - Flags 1-8 east of track • Bank of Intermittent Stream- Flags 131-4 & B101-105 • 100-Foot Buffer Zone to BVW • MHW/200-Foot Riverfront Area associated with the perennial stream Cochichewick Brook-much of the MHW is inaccessible. As a conservative high water historical aerial imagery of 2013 was utilized • Land Under Water Body - Cochichewick Brook &Intermittent Stream • Portions of the property lie within the 100-year floodplain (AE Zone, Elevation 94.1 NAVD88) • The property does not lie within NHESP Priority Habitat • The on-site resource areas do not contain certified or potential vernal pools based on latest NHESP mapping Notice of Intent DEP File #242-1906 Project Description &Procedural History. Project Description: The proposed improvements include installing an infilled multipurpose synthetic turf field at the location of the existing baseball field with associated appurtenances and perimeter bituminous concrete walkway, athletic lighting improvements, reconstruction of the existing bituminous concrete tennis courts in the same footprint with proposed stone infiltration trench, install new bituminous concrete walkway and associated bleachers on concrete pad, relocation of various track and field events within the existing athletic fields, stormwater management BMP's, removal of asphalt walkway and associated collapsed culvert and restoration of that wetland/stream footprint, excavation and removal of gravel parking area and relocating gravel access drive outside the 50' NBZ, installation of fencing along the edge of and restoring 50' NBZ to natural native seeded area south of the baseball field. Relocating an existing shed outside the 100' buffer zone. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 2 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions Wetland resource impacts/restoration related to the removal of the collapsed culvert, as well as work within the 200-Foot Riverfront Area include: • Inland Bank: 151.f. alteration with 301.f. restoration • Bordering Vegetated Wetland: 125 s.f. alteration with 950 s.f. • 200-Foot Riverfront Area: 500 s.f. Procedural History: On January 23, 2025, the NACC received a Notice of Intent and associated attachments, stormwater management report, and site plans for proposed work at the project site. The NACC held the public hearing at its February 12, 2025, February 26, 2025, March 12, 2025, April 9, 2025 and April 23, 2025 meetings. This project was subject to permitting with the Planning Board pursuant to Limited Site Plan Review Permit under Article 8 Supplementary Regulations, Part 3 Site Plan Review and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. The Board issued an approval decision on April 15,2025. The project stormwater design has been reviewed by the Towri s outside consulting engineer, Horsley Witten,for compliance with the Town Stormwater Bylaw requirements and Best Management Engineering Practices, the most recent version of the MA DEP Stormwater Handbook. There were extensive discussions between the Towri s outside consultant engineer and the project engineer related to the overall design and Operations & Maintenance Plan (See correspondence from Horsley Witten dated February 25, 2025, March 14, 2025 and April 1, 2025 and response correspondence from Gale Associates, Inc. dated March 10, 2025 and March 26, 2025). Throughout the hearing process, the applicant's project engineer provided a number of materials, documents and interim revised plans in response to the NACC and Conservation Department staff's requests (as well as the Planning Board's requests) for information and plan revisions. Portions of the work will occur within the wetland/stream resource areas as well as within the 25' NDZ and 50' NBZ. A Waiver Request has been submitted seeking relief from the restrictions in these zones. After due consideration, the NACC voted in favor of granting the waivers as the NACC finds: • Removal of the collapsed culvert and the entire asphalt walkway within the 25' NDZ and remaining buffer zone necessitates work within the resource area and the 25' NDZ. The NACC finds the complete restoration of the stream channel, associated bordering vegetated wetland and associated buffer zone to a naturalized state will improve and enhance the condition and function of these resources. • Removal of the gravel access drive and parking area from within the 25' NDZ and 50' NBZ necessitates work in these zones. The NACC finds complete restoration of the 50' NBZ with native seed mix to a naturalized state, that will not be subject to 430 Osgood Street DEP File 4242-1906 NACC Findings&Special Conditions Order of Conditions Page 3 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions mowing or other landscaping treatments,will improve and enhance the condition and function of these buffer zone resource areas. • The existing tennis courts have been in place, within the 25' NDZ, since the mid 1970's, and the proposed rehabilitation work will occur within the existing footprint of the court surface and slightly decrease due to chamfered edges. Stormwater runoff will be infiltrated via a proposed stone infiltration trench as requested by the NACC and will improve recharge. The NACC finds this work to result in no further degradation, but slightly improved conditions of the buffer zone. At its April 23, 2025 meeting, having received sufficient information, and there being no further need for supplemental information and no remaining questions from the NACC or the public, the NACC voted 7-0 (7 in favor, 0 opposed) to close the hearing and issue an Order of Conditions within 21 days. The NACC reviewed a draft Order of Conditions that same evening, and voted 7-0 (7 in favor, 0 opposed) to issue this Order of Conditions, Findings of Facts and Special Conditions approving the project under the Massachusetts Wetlands Protection Act and the North Andover Wetlands Protection Bylaw. Therefore, the NACC hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent/approved plans referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS WJ 20. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): • Notice of Intent: received January 23, 2025,with associated attachments,filed by: o Applicant: North Andover Public Schools c/o Pamela Lathrop 566 Main Street North Andover, MA 01845 • Representative: o Kyle Rowan PE/Ryan Thackeray E.I.T., Sr. Designer Gale Associates, Inc. 300 Ledgewood Place,Suite 300 Rockland, MA 02370 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 4 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings& Special Conditions • Record Site Plans & Documents: Plan titled: Athletic Field Improvements North Andover High School 430 Osgood Street, North Andover,MA 01845 Prepared for: North Andover Public Schools 566 Main Street North Andover, MA 01845 Sheets: Cover Sheet, 0002, C001-004, C011-0014, C101- C104*, L101,C201-C203*, C501-0513, Pre-1,Pre-2, Post-1, Post-2, E0, E1A-E1D, IS1, IS2 Prepared by: Gale Associates, Inc. 300 Ledgewood Place,Suite 300 Rockland, MA 02370 Date: January 22,2025, Revised to March 10,2025; *Sheets C103 &C201 revised to April 15,2025 Stormwater Management Report Prepared for: North Andover Public Schools Prepared by: Gale Associates 300 Ledgewood Place,Suite 300 Rockland,MA 02370 Date: January 22,2025,Revised to March 10,2025 Combined Operation &Maintenance Plan,North Andover High School Prepared by: Gale Associates, Inc. 300 Ledgewood Place, Suite 300 Rockland, MA 02370 Date: April 17,2025 Response Packages: Response to Comments (Conservation Commission) DEP #242-1045 -NAHS Complex Partial Certificate of Compliance DEP #242-1906 - NAHS Athletic Field Improvements Notice of Intent Prepared by Gale Associates, Inc. Dated: March 3,2025 Response to Comments DEP#242-1906 NAHS Athletic Field Improvements Notice of Intent Gale JN#719560 Prepared by Gale Associates, Inc. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 5 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions Dated: March 17, 2025 Response to Review Comments (Planning Board) Application for Limited Site Plan Review North Andover High School Athletic Field Improvements Prepared by Gale Associates, Inc. Dated March 26,2025 Response to Comments DEP#242-1906 NAHS Athletic Field Improvements Notice of Intent Prepared by Gale Associates, Inc. Dated: April 17, 2025 Geotechnical Engineering Report Prepared by: Nobis Group Prepared for: Gale Associates, Inc. Date: February 28,2025 21. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property (i.e. the project site as described above) referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 22. 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. 23. 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. 24. 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 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 6 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions 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. 25. 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. 26. The work authorized hereunder shall be completed within three o'er from the date of this order. 27. 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). 28. 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. 29. 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. 30. [LIMITED PROJECT:] Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 31. The NACC finds that the intensive use of the upland areas and buffer zone can cause further alteration of the wetland resource areas. Therefore, in order to prevent any alteration of wetland resource areas a twenty five foot(25') No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone notwithstanding proposed mitigation measures within the buffer zone and resource areas as approved under this Order of Conditions. (See Section 3.4 &Appendix F of the local Regulations). 32. This document shall be included in all construction contracts subcontracts and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 7 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions 33. Unless otherwise arranged between parties, 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. 34. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 35. Any non-compliant features found as part of this Partial Certificate of Compliance review will be rectified during work performed under this Order of Conditions, DEP File #242-1906. 36. A comprehensive as-built survey of the entire High School campus shall be performed at the conclusion of work under #242-1906 so as to request a full and complete Certificate of Compliance for both OOC's #242-1045 & #242-1906. LJEPRIORT(O 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. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 8 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings& Special Conditions 39. The contractor shall provide a check payable to the Town of North Andover shall be provided in the amount of fifty thousand dollars ($50,000), to serve as a performance bond, 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. 40. The applicant shall designate a Wetland Scientist (or other qualified environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm in time for the sit-down meeting. Contact information for the erosion control monitor shall be forwarded to the Conservation Department in time for the sit-down meeting. This person shall be given the authority to stop construction for the purposes of correcting problems with erosion control. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor must be available during any 24-hour period, including weekends in case of an emergency. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 41. 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, and wetland scientist 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 review of any revisions within the Commissions 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. 3.0 Ensuring Limited Chemical Contamination in Turf Field Materials: The applicant and its design consultant, in coordination with the contractor (who 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 9 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions will assumedly be directly purchasing the turf and infill) must submit a certified letter and specifications sheet certifying that the products used in the turf and infill meet or exceed specified requirements including certification from the turf manufacturer that lead or lead chromate, or the PFAS regulated by MassDEP (PFHxS, PFHpA, PFOA, PFOS, PFNA, PFDA), and on the most current European Union REACH and California Proposition 65 compound lists are not used in the manufacturing of the specified system. Prior to shipping the actual material to be installed at the project site, the contractor, in coordination with the synthetic turf and infill suppliers, shall deliver to the design consultant and the Conservation Commission for its review, three (3) copies of notarized letter addressed to the owner/applicant certifying that all products provided by them for incorporation into the system do not contain PFAS quantified by EPA Method 1633 or Engineer approved equivalent and do not contain any other hazardous materials exceeding current EPA and CPSC requirements. The PFAS testing method utilized must report at least 40 PFAS compounds including the 6 PFAS regulated by the MassDEP, and on the most current European Union REACH and California Proposition 65 compound lists. The Synthetic Turf Field System shall be non-detect (ND) for 40 PFAS compounds tested via EPA Method 1633 and have a statement from the vendor that the turf does not contain intentionally added PFAS. Materials that comprise the Synthetic Turf Field System shall be free of pesticides, heavy metals,VOCs, and all PFAS compounds quantified by EPA Method 1633 or ENGINEER approved equivalent. It shall be the applicant's onus to provide industry standards for PFAS. c. 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. d. 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 U.S Environmental Protection Agency's Stormwater Construction General Permit and related guidance document entitled "Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Operators". e. Specifications for de-watering (excavation and surface) means and methods. f. Review of the entire Order of Conditions to ensure understanding by all parties. g. 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. 42. Prior to construction and in time for the on-site pre-construction meeting the following shall be implemented/prepared for Conservation Department inspection: 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 10 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions a. A sign, visible from the public way at the main construction access, 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 242-1906." b. All erosion control measures shall be properly installed, by survey in the field, between all construction areas and wetlands as shown on the approved plan set. c. The installed erosion controls shall be inspected and approved by the NACC or its agent prior to the start or continuation of construction (as appropriate per phase) and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All additional 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. d. Prior to implementation in the field and in time for the on-site pre-construction meeting, dewatering BMP's shall be on site and reviewed and approved by the Conservation Department and shall be proposed outside the 100-Foot Buffer Zone. All dewatering activities shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If other emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. e. Wetland flagging shall be checked in the field prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. f. Prior to any construction and in time for the on-site pre-construction meeting, all wetland resource areas and associated buffer zones shall be canvassed and cleaned of all trash (including errant tennis balls in and around the tennis court battery). 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 11 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions g. The existing shed slated for removal shall be moved to a location outside the 100-foot buffer zone, and its final permanent location shall be outside the 100- foot buffer zone. h. The inverts and sumps of the existing catch basin on the west side of Wayne Street, directly down gradient from the proposed bituminous pavement driveway apron providing vehicle access to the southeast corner of the proposed synthetic turf field shall be verified. If not already, this existing catch basin shall be fitted with a water quality hood (see Condition #52). Applicant shall provide verification of same prior to construction. i. Prior to construction all existing catch basins shall be cleaned and the maintenance/bills of lading shall be provided to the Conservation Department upon immediate availability. Cleaning of these catch basins must be undertaken within a four weeks of construction commencement. j. All existing and proposed catch basins and any other stormwater inlets within the project limits or on the streets adjacent to the project shall be protected by erosion/sedimentation controls to prevent sediment from entering the drainage system. Erosion/sedimentation controls shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this Order have been permanently stabilized and the Commission has formally approved their removal. k. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, an additional 100 feet of silt sock/compost filter tube, silt fence and sufficient stakes for staking covered from the elements &not less than 3 rolls of 100% biodegradable erosion control blanketing, and shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. The NACC or its Agent shall have the discretion to require additional emergency erosion control BMP's to be brought to the site if deemed necessary. 1. Prior to construction and/or as soon as logistically possible, the applicant shall permanently mark (or reestablish where missing throughout the site) the No Disturb Zone/(No Build Zone at gravel drive) with weather resistant monuments or on fencing as appropriate, installed at intervals agreed upon in consultation with the Commission or designated agent,bearing markers reading: "Protected Wetland Resource Area' at a ratio of one square marker for every three round markers. This will designate the wetland resource sensitivity and assure no further inadvertent encroachment into the wetland. Prior to installation in the field, the placement of these permanent markers shall be subject to review and approval by the Conservation Administrator. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Said markers are available for purchase in the Conservation Department at Town Hall. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 12 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions m. Prior to construction and/or as soon as logistically possible, "No Snow Stockpiling/No Salt" signs shall be installed in locations as agreed upon and in coordination with the Conservation Department. These signs shall be maintained and replaced as necessary. n. The Project Owner shall sign the Combined Operations &Maintenance Plan and provide a copy to the Conservation Department; o. The Applicant shall provide the Conservation Department an Illicit Discharge Compliance Statement signed by the Project Owner; p. Prior to any work commencing on site, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, or phases of the project where appropriate, and no work within the Commission's jurisdiction shall commence until all other state or local permits, approvals, and variances have been obtained. This 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. 43. The erosion controls shall serve as the limit of work. All project personnel shall be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation office prior to site activities and shall arrange an on-site conference with an NACC representative, the contractor and any other principal personnel, erosion control monitor, project engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). 45. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant/erosion control monitor shall submit a written report with photographs to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 13 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings& Special Conditions 46. No changes to the approved plan shall be implemented in the field until written approval has been granted by the NACC. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 47. 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. 48. 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. STORMWATER MANAGEMENT CONDITIONS 49. 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. 50. 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. 51. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 14 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings& Special Conditions 52. All catch basins on site (new and existing) shall contain hoods, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the hoods in the catch basins be maintained. All catch basins shall be cleaned of all accumulated silt and debris, and material disposed of per applicable regulations, before construction commences and before a Certificate of Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 53. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Combined Operation and Maintenance Plan (O&M) approved herein and the associated stormwater management conditions mandated herein. Evidence of said cleaning (i.e. invoices/bills of lading) shall be submitted to the Conservation Department for its file. 54. The applicants, owners, and their successors and assignees, shall maintain all 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. 55. All stormwater best management practices shall be maintained as specified in the Combined Operation and Maintenance Plan(O&M) submitted with this project application 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 Combined 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 CONSTRUCTION 56. The gravel drive and parking area slated for removal and restoration shall be excavated to a depth so as to reach parent soils and backfilled with clean soils and appropriate growing media to receive the native seed mix. This work shall be directly supervised by the wetland scientist who shall document conditions and confirm compliance, and submit a report summarizing this work to the Conservation Department upon immediate availability. 57. Once the fencing along the 50' NBZ at the edge of the gravel access drive is installed, signs indicating that area is a "No Mow" zone shall be installed on the fence at 50' 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 15 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions intervals, in addition to the wetland markers. These markers shall remain in perpetuity. 58. Any temporary stockpiles of RCA/excavated asphalt and any other demotion materials shall be located outside of areas subject to protection under the Wetlands Protection Act and North Andover Wetlands Bylaw, including but not limited to the 100 foot Buffer Zone, Bordering Land Subject to Flooding or Riverfront Area. Said stockpiles shall be covered and protected so as to prevent any of their potentially impacted runoff from reaching the wetland resource areas. 59. All areas of buffer zone and wetland restoration and planting/seeding shall be undertaken pursuant to "Wetland Replication and Restoration Area Construction Sequence" as detailed on the Wetland Restoration Plan, sheet 16 of 37, Drawing No. L101, and shall be directly supervised a qualified wetland scientist who shall provide a written report of restoration preparation and plant installation immediately upon availability. 60. Any proposed landscaping within jurisdictional resource areas shall consist of species native to New England. Landscaping outside jurisdictional resource areas shall consist of species that are non-invasive in all respects. Prior to implementation, a final landscape plan with plant schedule, shall be submitted to the NACC/Conservation Administrator for review and approval. This plan may be included in the 100% construction drawings per Special Condition#41.a. 61. Invoices for the purchase of native New England Seed Mixes/plantings referenced above in Condition#59 above shall be provided to the Conservation Department upon immediate availability and before install/seed application in the field. 62. Prior to final seeding, an invasive species inventory shall be performed by the wetland scientist to provide base-line documentation of invasive species that are either within restored areas or adjacent thereto. 63. Under the direct supervision of a qualified wetland scientist the restored areas within jurisdictional areas shall be monitored for at least two full growing seasons post installation (during the height of the growing season early-mid July) and reports shall be submitted to the Commission no later than November 1st of each year. Upon observation, dead or dying plantings or seeded areas shall be replanted, as seasonal conditions allow. Invasive species shall be monitored and removed manually upon observation. Detection of invasive species, an estimation of their coverage and management of same shall be included in said reports. The restoration planting areas shall exhibit an overall survivorship of at least 75% after two full growing seasons. 64. If deemed necessary, methods for more involved management of invasive species (such as root barriers for Phragmites or herbicide application) shall be discussed with 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 16 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions the Conservation Department and implementation of any proposed non-manual methods shall be reviewed and approved by the Conservation Commission, its Chairman or Administrator depending on type of methods proposed. 65. Upon beginning work, the applicant/wetland scientist/erosion control monitor shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence and can be a part of the weekly erosion control reports. 66. Any imported and/or structural fill shall be certified clean fill, free of hazardous substances and meeting all applicable regulations. Notwithstanding, any imported fill used in connection with this project shall be clean fill,containing no trash, refuse, rubbish or debris, including but not limited to roots, concrete, other non-soil constituents, and other deleterious or compressible materials lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, glass, processed glass aggregate, concrete, recycled concrete aggregate, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. Any fill imported to the site must be accompanied by a certificate of origin or an analysis certifying cleanliness -whichever is most applicable as determined by the Conservation Commission or its staff. 67. No outdoor fuel storage or construction equipment refueling shall occur within jurisdictional resource areas during construction. 68. 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, beyond November 15th of any construction year, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay, straw, tackifier or biodegradable erosion control blanket (as appropriate depending on slope, or other conditions etc...) until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 69. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. If material is tracked beyond the construction entrance onto the adjacent public roadway, it will be swept up daily. 70. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical), unless otherwise shown on approved plans referenced herein. 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 17 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings& Special Conditions 71. Materials stockpiling shall occur outside jurisdictional resource areas. At no time shall be stockpiling of soil or any other materials occur on the wetland side of the erosion controls. 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 jurisdictional resource areas. 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 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. Following completion of construction, the applicant shall stencil, with appropriate weather resistant paint, all catch basin inlets to prohibit dumping and indicate that the inlet is for the disposal of stormwater only and discharges to waterways or wetlands. 76. All of the restored areas (both buffer zone and wetland resources) shall be left to naturalize and shall not be subject to routine landscape maintenance of any kind. 77. 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 Towri s Wetland protection Bylaw. 78. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 430 Osgood Street DEP File 4242-1906 NACC Findings&Special Conditions Order of Conditions Page 18 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions 79. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 80. There shall be no dumping of leaves, grass clippings, brush, or other landscape debris into a wetland resource areas or the 25-foot No-Disturb Zone or the restored 50-foot No-Build Zone at the edge of the gravel access drive. This condition shall remain in perpetuity. 81. 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. 82. 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. 83. 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. 84. Upon completion of the project, as assured by Town management and purposefully budgeted for and confirmed in the NACC's January 24, 2025 Memorandum addressed to Town Management, the project proponent shall have a complete and comprehensive on the ground survey undertaken of the entire High School campus so as to secure a complete and final Certificate of Compliance to close out the outstanding Order of Conditions, DEP File #242-1045, as well as this Order of Conditions, DEP File #242-1906. 85. Upon completion of the project the applicant shall submit requests for a Certificates of Compliance as noted above in Condition #84: a. WPA Forms 8A- "Request for a Certificate of Compliance." b. Letters from the applicant requesting a Certificate of Compliance for respective DEP File #'s. c. The name and address of the current landowner. d. The name and address of the individual/trust or corporation to whom the certificate of compliance is to be granted. e. The street address and assessor's map/parcel number for the project. f. The DEP file numbers. g. Written statements from a Registered Professional Civil Engineer and a Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced in the Orders of Conditions, and as conditioned therein by the Commission. 430 Osgood Street DEP File 4242-1906 NACC Findings&Special Conditions Order of Conditions Page 19 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions h. A complete and comprehensive "As-Built" plan depicting the entirety of the High School campus, prepared and signed and stamped by a Registered Professional Civil Engineer and a 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 on site. ➢ "As-Built" post-development elevations and grades of all filled/altered or restored wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Limits of wetland resources,buffer zones and subzones (25'NDZ/50'NBZ/100'BZ). ➢ Distances from ALL structures/project features to wetland resource areas. ➢ 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. 86. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #31); ➢ Resource Area Markers shall be maintained (Condition #42.1.); ➢ Snow management signs shall be maintained (Condition#42.m.); ➢ All catch basins on site to be equipped with hoods (Condition #52); ➢ Maintenance of stormwater BMP's and adherence to the "Combined Operation and Maintenance Plan". No additional filings will be required to conduct maintenance of the above referenced system as detailed in the report (Conditions #54 & 55). ➢ No Mow signs to be maintained (Condition#57); ➢ Discharge or spillage of pollutants (Condition 74); ➢ Restored buffer zone or wetland resource areas shall be left to naturalize (Condition#76); ➢ Prohibition of underground fuels (Condition#77); ➢ Limitations on the use of fertilizers, herbicides, pesticides, road salts, and de-icing compounds (Conditions #78 & 79); ➢ No dumping of leaves, grass clippings, brush, or other debris into a wetland resource areas or the 25-foot No-Disturb Zone (Condition#80). ➢ Prohibition of the use of coal tar-based products for paving (Condition#82). 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 20 of 21 430 Osgood Street,North Andover High School-DEP FILE#242—1906 Findings&Special Conditions APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I 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 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. I hereby affirm and acknowledge that on this day of 19 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. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 430 Osgood Street DEP File#242-1906 NACC Findings&Special Conditions Order of Conditions Page 21 of 21