HomeMy WebLinkAbout242-1900, Great Pond Road - Boat Launch OOC - - 0 GREAT POND ROAD 4
Massachusetts, Department of E,nvi ronment'al ProtectIon Provided by MassDEP:
242-1900
Bureau of Resource Protection, - Wetlands, ..........
WPA Form 5 - Order of Conditions MassDEP File
...................-,.............................................................................
Mas,sach�usetts,Wetlands Protection Act M.,G.L. c. 131, §40 eDEP Transaction#
North Andover
atir--ro ............................................................
A., General Information
Please not
this,forte has 1. From: North Andover .........
been modified 'b o-n—s e r v"a..............t i o..............n..................C............o...........m..............mission
with,added 2. This issuance is for
splace to a.Z Order of Conditions b.[:] Amended Order of Conditions
accommodate (check one):
the Registry
of'Deeds 3. To.- Applicaft
Requirements,
John Blorgesi, 'Town Engineer,
a.First Name b.,Last Name
Importailt:When fillin Town, of North And over, DPW
� g
out forms on c.Organization
the 384 Osgood Street
computer, d.Mailing,Address
use only the!
tab key to, North Andover MA 01845
move your e.fit own f.State g.Zip Code
cursor-do
not use the 4. Property Owner it different from applicant):.
return key.
a.First,Name b.Last Name
c.Organization
d.Mailin,g Address
.......... ..........-
e.Cityffown f.State g.Zip,Code
5. Project Location-
0 Great Pond Road (across from 1939 North,Andover
Great Pond Road) b.CityrTown
Map 35 Lot 21
............................................. ......
c.Assessors,Map/Plat,Number d.,Parcel/Lot Number
4'
Latitudnd e a Longitude,, if known: 42.d7l m4,537s, 71 dl 1 m2686s
..............L"—atitude e. Longitude!
wpa,form5.doc-rev 5118/2020 Page I of 13
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Massachusetts Department of Environmental Pr tectaion Provided by MassIDER
Bureau of Resource Protection - Wetlands 242-1900
MassIDEP File!#
WPA Form, 5 - Order of Conditions,
6 Massachusetts Wetlands Protection Act M.,G.L. c. 131, §40 eDEP Transaction#
North Andover
City/7'own
A. Genera l Information (cont.)
6. Property recorded at the Registry of Deeds for,(attach additional information if more than
one parciel):
Northern Essex
a.County b.,Certificate Number of registered land)
689
c.Book d.Page
July, 31, 2024 December 111 21024 December 13, 2024,
7. Dates* .11111.11--.............. ........
a. Date Notice,of Intent.Filed b.Date Public Hearing,Closed c.Date of Issuance
8. Final Approved Plans and Other,Documents (attache additional plan or document references
as needed):
North Lake Cochichewick Bolt Launch (six,sheets)
a.Plan Title
Environmental Partners,(Apex m. are Paul, PE,
Prepared By c. ig.........n-e, and—Sta m-,"-p'—ed by
December 5,, 2024 as shown
Final Revision,Date: e.Scale
See attached list of other approved documents
f.Additional' ]an or Document Tifle g. Date
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(thee Act"). Check all that apply*
a. 0 Public Water Supply b. El Land Containing Shellfish C" Z Prevention of
Pollution
E� Protection of
d. 0 Private Water Supply e. Z, Fisheries
Wildlife, Habitat
g. 0 Groundwater Supply h,. Storm Damage Prevention i., Z� 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. T I o the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals,submitted with the Notice ofIntent, these conditions shall c,ontrol�.
wpaform&doc-rev 6/18/2020 Page 2 of 13
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7 o vid DEP:ed by Mas,s
1 Massachusetts, Department,of Environmental Protection Pr
Bureau of Resource Protection, ® Wetlands 242,-1900!
MassDEP File#
WPA Form 5 - Order of Conditions
M assachusetts Wetlands Protection Act MI.G.L. c. 1311, §40 elDEP''Tr ansaction#
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 r ulations. Therefore, work on this project may not go forward unless,and
until new Notice of Intent is submitted which, provides, measures which are adequate to
pr:otect the interests of the Act, and a final Order.of Conditionsis issued. A descript,io�n of
the performance standards which the proposed work cannot meet is attached to this,
Order.
G. 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.
Therefo re, '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 necessairy is
attached to this Order,as per 3110 CIVIR 10.05(6)(c).
3. E] Buffer Zone Impacts: Shortest distance, between limit of'project
i
'i I—in ri e e
disturbance and the wetland resource area specified in 310 CIVIR 10.02(l)(a),
Inland Resource Area Impacts: Check all that apply betow. (For Approvals,Only)
Resource Area Proposed' Permitted' Proposed Perm itted
Alteration Alteration Replacement Replacement
202 202 202 202
4. Z Bank a.linear feet b,.linea r"feet" 111111111111"....- c.linear feet d.linear feet
5. E] Bordering
Vegetated Wetland a.square feet b.square feet w square feet d.square feet
6. Land Under 418318 4$838 51075 5,075,
Waterbodies and a.square feet b.,square feet c.square feet d.s,quare feet
'Waterways 63, 63
e.cly dredged f.c/y dredged
7. Bordering Land 11540 1,540 '1�
11540 '540
Subject to Flooding a.square feet b.square feet c.,square,feet d.square feet
Cubic Feet Flood Storage 396.5 396.5..........................—
e.c,ublic feet, f'. ui f + t created —CU i c feet
8. El isolated Land
Subject to Flooding a.square feet, b.square feet
Cubic Fleet Flood Storage
c.cubic feet d.cubic feet e.cubi fbet f.cubic feet
9. El Riverfroint Area,
a.totial 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 f e e t h.square.feet L square feet j.,square feet,
wpaform 5.doo-rev 5118/,2020 Page 3 of 13
Massachusetts Department of Environtnen,talr l Pr l 1 D 1 :
242-1900
Bureau of ResourceProtection Wetlands
MassDEP File
WPA Form 5 - Order of Conditions
assach setts atlas Protection Act M.G.L. c. 131, ��1 �rr rr t� r�
IL
North Andover
B. Find,"Ing's, coast.
Coastal Resource Area Impacts: Check allthat apply below. (For Approvals Orly)
Proposed Permitted Proposed Permute
Alteration Alteration Replacement Replacement
1�o. El Designated Port
r Indicate size under Lard, Under the Ocean, below
1,1. Lord ! ruler the
Ocean a.square feet b.square feet
dredged dredged
Barrier12. Indicate size under r Coastal Beaches and/or C nst l Duren
below
13'. El Coastal Beaches cu yd ic,u yd
.square feet b.square feet. c.nourishment d. nourishment
1 Coastal Dunes u
.square feet b.square feet c.nourishment d. nourishment
15. 0 Coastal Banks .linear feet b. linear feet
16. F] Rocky lrtertldl
Shores .square feet 1 ,square feet
17, El Salt Marshes
.square!feet b.square,feet c.,sqluar feet id.square feet
18. Land Under Salt
Ponds a.square feet b.square,feet
. dredged
,. ..c/y d
ged
Lard Cunt lnlrg
Shellfish square feet c.,squarefeet id.square feet.
20., Fish Runs Indicate size under Coastal Barks, Inland Bank, Lard Uender
the Ocean, and/or inland Lard rd r Waterbodies and
Waterways, above,
. dredgedt. d'redged
21 Lind Subject t
Coastal Storm a.square feet b.square r feet
Flowage
22. El Riv rfr rt Area
.total s .feet b.total sq.feet
Sq ft.within,100 ftsquare t.
.square feet e.square feet f.,square feet
t
Sq,,ft between 100-
square fit µ....�„��rvn� �.. ..„
2 � square feet L square feet JM s ,ru r feet
wpaform5,doc.rev 511812,020, Fags
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Massachusetts Department of Environmental Protection Provided by MassDE,P-
Bureau of' Resource Protection - Wetlands
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 eDEP Transaction#
North Andover
Cityfrown
BE Findings (cont.)
#23.If the 2'3. F] Restoration/Eri,hancement
project is for
the purpose of
restoring oir ......
enhancing a a.squ,are,feet of 8VW b.,square feet of salt marsh,
wetland 24. El Stream Crossing(s):
re sour ce area
i ition to
the square
footage that a.number of new stream crossings b.num r of replacement stream crossings
has been
entered in C. General Conditions Under Massachusetts Wetlands Protection Act
Section B.5.c
or The following conditit'ons, are only applicable to Approved projeots.
13.17-c(Salt
Mars,h)above, 1. F'a,il'ure to comply with all conditions stated herein, and with, all related statutes and other
please enter regulatory me,a spur es,l shall be deemed cause to revoke or modify this Order.
the additional
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 r�iellev�e the permittee oit any other person of the necessity of complying
with al�l other applicable federal,, state, or local statutes, ordinances, b egu laws, or rla tin s.
1 1
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 an maintenance dredging project as providedfor in the Act; or
b. The time for completion has, been extended to a specified data 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 vali for no more than
one year.
51. 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 3 'a s prior or to the expiration
Banta of the Order. An Order of Conditions for a Test Project may be extended for one,
additional year onil y upon written application by the applicant, subject to the provisions of 3101
CM,R 10.05(1 1)(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 shal�l be clean fill. Any,fill shall contain no,trash�,
refuse, rLibbish, or debris, including but not limited to lumbler, bricks, plaster,, wirel lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
wpaform5.doc rev 51'18/2020 Page 5 of 13
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Massachusetts, Department of Environmental Protection Provided by MassDER
242-1 900
Bureau of Resource Protection - Wetlands
NlassDEP File#
WPA Form 5 - Order of Conditions
-'6- t�fra'nsaction#
Massachusetts Wetlands Protection Act M.G.L. ic. 131, §40 North A ndover
G. General Conditio,ns 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 ILand Court,for the district in which the, land 'I's located, within
the chain of fitle of the affected property. In the case of'recorded land, the Final Order shall
a,lso be noted in the Registry's,Grantor Index under the name of the owner of the, land upon
which the r � 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 Orderl 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 242-1900
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, plan nd special conditions referenced in this it r�.
114. Any change to the plans [Identified in Condition#13 above shall require the applicant to
inquire of the Conservation Commission ire 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 Commiss,ilon and the Department of
Environmental Protection shall have the right,to enter and inspect the area subject to this
Order at reasonable hours t o 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 a,ppily 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.
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Massachusetts, Department of Environmental Protection Provided by MassIDEP.-
our Bureau of Resce Protection, - Wetlands 242-1900
MassIDEP File
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. ic. 131 §40, e,DEP Transaction#
North,Andover
City/Town mm
C. General Conditions Under Massachusetts Wetlands Protection Aict (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 flagginig. Once in place, the wetlanod boundary markers sihall
be maintained until a Certificate,of Compliance has been issued by the Conservation
Commission,
18. All sedimentation barriers shall be rnaintalned, 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 bod . During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as I needed. The a mme pplicant shall IdiI tell control any,erosion problems,that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosioln and/lor dame prevention controls it,may deem
necessary., Sedimentation nrrielrs,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
is NOT subject tothile Massachusetts Stormwater Standards
If the work is,subject to the Stormwater Standards, then the project is subject to the
foilowing condit.ion,s:
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 manage ent practices
(BMPs) shall remain in place until the site is fully stabilized.
bi) No stormwater runoff may be discharged to the post-construction stormwater B,MPs
unless and until' a Reg"ster Professional Engineer provides a Certification that:
L all construction period BMP's, 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 stormwiater attenuation, recharge, and/or treatment, thie
conversion is allowed by the MassDEP Stormwater Handbook, BMPI specifications,and that
the BM,P 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 storm water managernent system have been removed, as, per
the requirements of Storm ter Standard 10,
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Mass,achusefts Department& Environmental Protection Provided by MassIDER
Bureau of Resource 'Protection - Wetlands 2 2- 9 1
MassDEP File
WPA Form 5 — Order of Condjults
'i ions
Massachusetts Wetlands Protection Act M.G. . c. 131 §40 eD� Transaction
North And,over
City/Town
C. General Conditions Unider Massachusetts Wettands Protection Act coat,
i'lv. gill post-construction stirmwater BMPs are installed in accordance,with, the plans,
s
(including all planting plans) approved by the issuing authority, and have been inspected t
ensure that they are not damaged, and that they are in proper working condition,
M any vegetation associated with post-construction BMPs is suitably established t
itlmtrmdrsirm.
c) he landowner is responsible,for BMIP maintenance, until the, issuing uthorit is notified
that another party has legally assumed responsibility for BMP maintenance,, Prior t
requesting estin a Certificate of Compliance,1 or Partial..Certificate of Compliance, this responsible
party(defined in General Condition shall execute,and' submit mit to the issuing authority
are Operation and Maintenance Compliance Statement 140M Statement),for the
St rr mwater BIVIPs identifying inn the party responsible for implernenting the st+ rimwater lP
Operation, and Maintenance Plan "'O& Plan") and certifying, the following.,
L the O&M Plan is completeand 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 operas and maintain intain the,storrrmw ,t r management WPs and
implement the,St r water Pollution Prevention Pled.
d Post-construction pollution prevention and source control shall be implemented in
accordancewith the long-term pollution, prevention plea section of the,approved
St rmw t r Repl rt sand, if applicable, the,St rrrmwater Pollution Prevention, alarm required
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibifilty,, the landowner, r owner of any
drainage, sem nt, assumes responsibility for maintaining each BMP. 'To overcometl"'m,is
presumption, the landowner f the property must submit to the issuing authority a legally
binding agreement ent f record, acceptable,to the issuing u.lt rit , evidencing that another
entity his accepted responsibility fu r maintaining the BMP, sand that the proposed
r p rm ibl party shall treated s p rrm�itt for purposes of implementing the
requirements f Conditions 1 f through ua with respect to,that BIVIP, Any,failure of the
proposed responsible party to implement the requirements of Conditions through,
18(k)with respect to that BIVIP shall be a,violation of'the Order of Conditions or Certificate,
of Compliance. In the case, f stormwater BMPs that are serving more,than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the st rmwat r
BM1Ps. A plan: and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted al long with the legally binding
agreement.
f 'The responsible party shall p r ate and maintain all stormwatier B,MPs in accordance
r rith thedesignplans, the Plan, and the requirements, f the Massachusetts
St rmwat r Handbook.
wP rm , o•rev 511812020 Page 8 of 1
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Massachusetts Department,of Environmental Protection, Provided by MassIDER,
Bureau of Resource Protection etlands 242-1900
MassDEP File
WPA Form 5 - Order of Conditions
Massachusetts,Wetlands Protection Act M.G.L. c. 31, §40 eDEP Transaction#
North Andover
City/Town.
C. General, Conditions Undier Massachusetts Weltiands Pmtectibn 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, mainteriance and/or replacement of the
stormw,ater mana,gemen�t system or any part thereof, and disposal (fo,r disposal the
log, shall indlicate the type of material and the disposal lociafion),
2. Make the maintenance log available to Mass,DEP and the,Conservation
Commission ("Commission") upion request* and
Allow members and agents of the MassIDEP and the,Comm�ission to enter and
iinspect 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 iin accordance with all applicable federall state, and local laws and regulat,ions.
i) I Ilicit discharges to the stormwater management system as def ined in, 3110 CM R 10.04
are, prohibited.
j) The stormwateir m.a.nagernent 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
Deslign Credit.(as defined in the, MassIDEP Stormwater Handbook,, Volume 3,1 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.
I
Any fencing, constructed around stormwater BMPs shall include access gates and shiall be
at least,six inches above grade to allow,for wildlife passage,.,
Special Conditions if'you need more as for additional conditions, please attach a text
docu ment):
20. For Test Projects subject to 310 CMR 1 0.05(l 1), the appl�icanut shall also implement the,
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or IDepartment 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..
waform5.doc rev 6118,12020 Page 9 of 13
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Massachusetts Department of Environmental, Protection Provided by MassIDER,
-1900
Bureau of Resource Protection - Wetland e
MassIDEP,File# ..................................
WPA Form 5 ,-- Order of Conditions
eDEP Transaction#
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40
North Andover
OfTown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wet,la,nds bylaw or ordinance applicable? Z Yes [J N o,
2. The North Andover hereby finds (check one that applies):
d n" e rvation Commission
a. E that the, proposed work cannot be conditioneflo meet the standards,set forth in a
i muni cipal 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. N� 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 andwith the Notice of Intent,referenced above, To,the extent that thie following
conditions modify or differ from the, plans, specifications, or oHeir proposals submitted with
the Notice ofintent, the conditions shall control.
The special conditions, relating to municipal ordinance or bylaw are as follows (if you need
11 1 more space"ter it conditions, attach a text document):
North Andover Conservation Commission Findings &, Special Conditions (see attached)
wpaform5.doc-rev 611812020 Page 10 of 13
Massachusetts Departmenit ofEnivironmentall Protection Provi assDEP:
B900 u e of' Resource Protection e I s 2 2-°�
assDE File#
WPA Form 51 — Order of Conditions
Massachusetts Wetlands P e i Act M.G.L. c. 131, §40 eDEP Trn
North Andlover
own
E. Signatures
This Order is valid for three years, unless otherwise ifi s a special
condition pursuant to General Conditions, from tl e date f issuance. 1.Date of Issuance
Please se indicate the number of members who will sign,this form.
'ThisOrder must be signed by a majority f the Conservation Commission, 2.Nu r f Sp.......a r
This Order must be mauled by certified',mail return receipt requested)or hand delivered to,the applicant.
copy also must be mailed r hared delivered at the same time to the appropriate Department of
nvir+nment l Protection Regional Office, if not filing electronically, and the property owner; if different
fr rn applicant.
a
fr 'a
S re,�n' � . � "ripted Na,
� y tU
Signature,� ��,���ro��° Tint Name
.���� .����.w�,��
V ..
F
P �
�r nature � � vd,W�A,� ���� P anted Name
TOY
)"'k
sr r tur Printed
1�7 Its
1,
nature I Print Name
to
.���., ..0 �... .,"
"ignatu're Printed Name
Signature Pdnted Name
Signature Print Name
y hiand delivery on by certifiedHA, return receipt
Opp req on
Date Date
wpafor Mo rya 8/3/2023, Pagel I of 1
4
Massachusetts, Department of Environmental Protection Provided by MassIDEP:
242-1900
Bureau of Resource Protection -Wetlands
NlassDEP File#
WPA Form 5 - Order of Conditions,
Massachusetts Wetlands Protection Act fin,G.L. c. 131, §40 EP Transaction,#
North Andover
...... ............................... ..................................................................
ityfrolwn
F. Appeals
The the,owner any person aggrieved by th�i's OrderF any owner of land abutting the applicant, I
ich such 'is l ocated,
land su esid bject to,this Order, or any ten rents of the city or town in wh 1 land 1
are hereby, notified oftheir right to,request the appropriate Ma,ssD,EP 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 CAR 10.0,3(7)within ten, business days from
the,date of issuance of thais Order. A copy of the request shah l at the same time be sient,by
certif ied mial'I or hand delivery to the Conservation Commission and to the,appiliclant,, 'if he/she, is
not,the,appellant.
Any appellants seeking,to yap pe�a l the Do paen rtmt's, Superseding Order associated with th�is
appeal will be required to demonstrate prior participation in the review of this project. Previous
P articipation 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 identifiedins
the Massachusetts Wetlands Protection Act(M.G.L. ic. 131 § 40), and is inconsistent with the
wetlands, regulations (310 CMR I 0.00)., '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.
vipaform.5,docW rev 511812020 Page 12 of 13
4
Massachusetts Department&Environmental Protection Provided by MassDEIP:
Bureau of Resource Protection - Wetlands,
MassIDEP File#
WPA Form 5 - Order of Conditions
................................................................
eD ,Transac ion#
Massachusetts Wetlands Protection Act, M.,G.L., c. 131 §40 EP Fa n—sa c f
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 is 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 itle of
the owner of the land subject to the Ordler of Clonditions. The recording 'information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach ion dotted line, have st�amped by the, Registry of Deeds,and'submit to the,Conservation
Commission.
1------w—----------w---w------------------------------------------ ---------- ------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions,for the Project at
0 Great Pond Road 2 -1900
ect,Location MassDEP File,Number
Has been recorded at the Registry of Deeds,of-
Northern Essex
County Book Page
Town of North Andover c/o J�ohn Borgesi,, Town Engineer DPW
for*
Property Owner
and has been noted irl the,chain of title of the affected propertyin:
689 147'
Book ,,,-a g—e............. ...... .................................................................................................................................................................................................................................
In accordance with the,Order of Conditions issued on*
12-13-�24
Date
If recorded land,, the instrument number identifying this transaction is.,
. .........
Instrument im b e
If registered land, the document number identifying this transaction is*
66"lent Number
..............................................................................-`......................................... ........
Signature of Applicant
wpaform5.doc-rev 51,18/2020 Page 13 of 13
DEP FILE #242— 1,9 North Lake Cochichewicic Boat Le ash
-1 Fri g a ,n,
,gs of Fact
Curet Project Site Co'ndAlons: or The Nith (bl
Lake Cochichewlck Boat Launch, oat launch), is
located. on the northern end of Lake Cochichewick, di'rectly across from house #1939 Great
Pond Road in North Andover, A. The Town-owned site occupies the former extents, of the
North Sewer Pump,Station that has since been.demolished. The current col-if 14guration.of the
boat launch,site includes a plaved driveway apron., a dirt/gravel driveway, lawn areas, and
movelable boat ra,cks,. A bituminous concrete boat launch that extenidsInto -the lake and the
asphalt is crumbling and deterlorafing Into on the lake e exist'Ing reta i*ning will,
constructed from cobble and concrete, is failing anc.t is currently being supported by
overgrown tree roots.
The following wetland resolurce areas, are within the project 111"mits, and have been reviewed,
by the Conservation Administrator in the field with no molds at lions as shown on the
approved plan set:
e Inland Bank to,Lake, Cochichewick - (Top of Bank/MHW) -TOB-1 thru
TOB-36,
el Bordering Vegetated Wetland - VVF-1 thru WF-6
100-Foot Buffer Zone
Land Under a,'Waterbody/Waterway -This resource was measured as
the area enclosed by the top of bank flaggiffig, which generally
corresponds to, elevatic n.111' within. the project limits
e Bordering Land Subject toflooding - 100-year Floodplain(no BFE
determined),
e Lake Cochi"chewick includes Priority Habitat for Rare Species and
Estimated Habitat of Rare Wildlife., This habitat generally encompasses
tree footprint of the lake as,well, as adjacent conservation land to the west
of the lake. Portions of the project will occur within the actual habitat of
the Ligtrtiila Nastita, Eastern Pondmussel.
* As the sole source of the Town's drink Ong weaten, Lake Cochichew ick i s
l 4,
isteel as an Outstanding Resource Water
These resource areas are s,%nificant to, the interests of the Act and Town Bylaw as noted
above and therein. The applicant has not attempted to overcome the presumption of
signiticance of these resource areas to the identified interests.,
Previous Permit Hist
OOC, DES" #2421679 - demolition of the existing pump station
structures and associated. appurtenances - CofC issued. August 2024
Therefore, the North Andovier Conservation Conurnission. (hereafter the "NACC") hereb�
-1 M,0 Y
finds that the following conctition �n s are me es ir
e n accordance with the Performance
Standards set forth in the State Regulations, tl,-Ie local Bylaw and Regulations, to protect those
4
North Lake Cochichewick Boat Latinch DEP Filefl'242-1900 NAC,C Fitt ditigs&Spe sal Coiiditi,oiis
Page I of 17
IF V 9,
DEP FILE #,242 -A.900-No�lqth.Lake Cochicne'vVick Boat Launch
interests noted above,. The NACC orders that all work shall be performed in accordance with,,
s la�i*d c ns andwIt h the Nonce
ce of Intent/approVed plans referenced below. To the
extent that the followin ditions modifyo,r differ from theplans, sMcificationls or other
-piop owls, submitted,with the Notice of lnten�t, the conditions shall control.
...........
N,=ERAAL CONDITIONS
............... I .............
20. The, proposed work iIncludes: The proposed project will reconstruct the existing hand-
carry boat launch, replace the failed concrelte and, stone retaining wall, along the
shoreline, and re-organize the parking, driveway, and boat rack areas. Key project
features iffictude the new boat launch to consist of permeable concrete pavers with,a.
porous gravel fill and stone/sand drainage/gelogrid.layer underneath with its side
slopes to be stabilized, witl-t a large boulder,revetment'. and a new Mechanically
Stabilized Earth, (MSE) concrete, block retai'ning wall allon,g portions of the,shoreline.
The impro ements will also fleaturie permeable paver parking areas and driveways as
well as i nf iltrati"'on bas iffis to manage storrnwater runoff'. 'Tree removal with 1:1
replacement of all treels 61" diameter or greater - replacement trees shall be 2+ gallons
or,4-5' or larger. Other site appurtenances include recreationial/social space, a new
double swin,g gate and, locking birds at the boat ramp to restrict access and, ensure
,security.
The appl icartt has requested a waiver from the,local 25" N DZ/50' N'BZ for the
proposed work - the, NACC voted, to, grant said waiver as the NACC finds that the
nature of the work (boat launch and shoreline,retaining wall rehabilitation and
associated work) necessitates work to be performed within the resource area and
associated immeciiate buffer zones which will result in an improved and more stable
conditions of these resources.
Wetland Resource Impacts &Lim fted Pr oj ect Status:
Work will take place within Iffland Bank,Land Under'Waterbl(,xties/Waterway,
BorderingLand Subject to, Flooding (1,00-year Floodpla*n) and, 10101-Foot Buffer Zone-
0
Inland Bank,
IF
in 2 12 Lf. of Inland Bank, restore 202-li near feet. The work in flea resource area is
requiried to install retaining walls,blo,a,t launch, and stabilize eroded earth
L-1
enibliankment with,riparian rocL.,
* 16 Lf. of the Inland bank,consists of existing bloat,launch, and proposed
launch will occupy the same 11,;
* 100 1.f IF of the inland bank c onsists of exist ing i.,,-etaining,wall,with the
new retaining walk.positioned at upland edge of bard<limits
* 1165 U. of other imp acts to the inland bank will result from grading, tree,
clearing, rl*prap at toe, of wall, and slope, stab tion east of the new
retaining wall,
North 1-ake Cochichewilck Boat Liaunch DEP File#242-1900, NACC I"Jildings&Special,Conditions
Page 2 of).7
Y'"WP FILE 242— 1,900—North Lake B CochMi,ew'ck, oat Launch
I i
o, Remaining,20 Lf. of bat* disturbance 'is for temporary impacts for
construction access
■ The project qualiffies, as, a Limited Project Status since inland bank disturbance
exceeds the, allowable 50, 11, or 10% (whichever is lower)
Land Under Waterbodies/W titer ways:
Alteration of 4,838-s.f. of this resource area, with 5, 075, s.f. replacement, and 63
c.y., dredged
Bordering Land Subject to, Flooding:
1,5410 s.f. of BLS F will be, altered, with equal s.f. replacement and 396.5 c.f.
created
The Plaria-fing Board processed a Watershed Special, er,mit application and issued an
,approval dec ision.w ith conditions on October 15, 20,24.
The project is subject to Mass DEP Stormwater:Standards under redevelopment
provisions, as well as North Andover's Storm wafer Management & Erosion Control.
Bylaw. The project's stormwater design was,rev iewed by the Town's 3rd party peer,
review engineering tir-, 'i Horsley & Witten who provided 3 rounds of conu-nents.
n
The, pr9jectis subject to permitting with the following-. USACE - PNC, E,OEEA - MEl?A.1
NHESP- MESA; DEP - Chaff. 91 &401 WQ; ass His tor omm.ical C - Project
rM
Notification.
21. The work shall conform to the,following (except as noted In the remainder ofthis
document where revisions may be required):
Notice of Intent filed by: North And ver DPW c/o John Borges ,P.E. -Town Engineer
Representati've: Env iro.tu-nental Partners, Anapex Company
Jamie Veillette, EIT
1900 Crown Colony 'Drive, Suite 4102,
Quincy, MA 02169,
Sitle Plans & Documents:
4o Notice of Intent and associated supporting materials, slingea i)ly Johl-i
Borgesi, dated 07-26-24., NOI includes NHESPI MESA Deter minationLetter
dated 03-15-24 with conditions;
e Page #3, of the NOI reivisedwith updated land act calculations by
the 08-26-24 Su plemental.Response Package-
p
ID Plan Set T" rth Lake Cochichiew l*ick Biloat Launch" -Six Sheets,-prepared
by Envirortinental.Partners, signed and stamped by Ryan Paul, PE,
revision dated December,5, 2024;
North Lake Cochicheivick Boat Launch DEP File#242-1900 NACC Findings&Special,Conditions
paLc 3 of 17
DEP FILE # 2 9010-North Lake Cocci chewick Boat Launch
Horsley Witten Group, Peer Review Coiymients Letter's - dated 08-26-24,
09-20-24& 10-01-24-
Environmental Partners Response Letters to Peer Review-dated 09-11-24
&09-26-24;
Storm�water Report, prepared by Envirom-nental Partners, singed and
starnped by Ryan Paul,PE - dated July 2024-Sectiorls Revised by 09-11-24
Envirom,nee tal-Partners Response Letter to,Peer Review.
• Supplemental Response Packages to'NACC Information Requests,
prepared by Envioro,ni-nental Partners- dated 08-13-2,4, 08-26-24/ 10- -24 &
11-07-24,;
• NHESP Comment&Cond iti"ons Letter dated March 15, 2,024.
2,2. The, term."Appficant"' 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
I ,, supporting documents and is Order of Conditions. The NA CC shall be
notified in writing w it in 30 days, ofall, transfers of title of any portion of property that
takes place Prior to the issuance of a Certificate of Compliance.
1,0
23., The conditions ofthl's decision shall apply to, and be binc-ting 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,
oCher 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
auffiorize any injury to private property or inva n of property rights. However, the
NACC, agent of the NACC or the Department of Envirortmental Protection (DEP)
reserves the right to entier and inspect the property at all reasonable time until a
Cerfificate of Compl'lance 'I's 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 I 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 deter mines that any of the work is not
0 '1101 "th this Order of'Cond'flons. Work shall not resume until the NACC
in clompilance w.1 1
is satisfied that the work will comply and has so notifled the applicant,in writing'.
2,6. This Order does not relleve the, permittee or any other person of the necessity of
complying with all other,applic able federal, state or local statutes., ordinances, by-laws
or regu late oills.
North Lake Cochichewick Boat Lautich DE11 File#242-1.900 NACC Findings&Sj,)ecial Cloilditions
Piage4_of`_17
ID"'EP FILE # 242— ,—North Lake Cochichewick Boat Launch
27. The work authorized, hereunder shall be completed, with lees ears from.the date of
this, order.
,28. This Order may 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 thir,ty
,days (30) prior to the exploration date of the Order (Refer to Sectioii,. 8.,3) of the, Nortfl
Aridover'Wetlaild Regtilatiotis).
29. The, NACC reserves, the right to a� end this Order of Conditions after a legally
advertised, public hearing it'plans, or circumstances are changed or if new conditions
or inf,ormation so warrant,.
30., Where the Department,of Envirom-nental Protection (DEP) is requested to make, a
11 . 0,
determinati onanct to issue a Superseding Order, the Conservation Commission shall
be a party to, all agency, proceedings and hearings before,the Department.
31, The, NACC f'nds that the intens ive use of the upland area and buffer zone proposed
on this site will cause further alteration. of the wetland resource areas. In,order to
prevent any alteration of wetland resource, areas,, except re a waiver nas Dien
granted in those zones for work authorized under this,Order,, a twenty five toot (25")
No-Disturban,ceZone and a fiftyfoot (50) No-Construction Zone shall be established
from the edge of the adjacent wetland resource area., The Conserv,at'l.o�n.Adm�'Inistra :
and/or her agents of the,NACC do not have the authority to wa I've these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is, permitted in the No-Disturbance zone. (See Se i 3.4 &Appeiidlx F of'the
local Regttlatioiis). Any f'uture work proposed within 1,010 feet,of these wetland resource
area shall require a separate application with the NACC.
32. This docume-nt shall be included in all construction contracts, subcontracts, and
specifications dealing with thework proposed and shall, supersede any conflicting
contract,requirements. The applicant shall assure that all contractors,, subcontractors,
and other,persomiel performing the permitting work are,fully aware of the permits
terms and c(Md1tions., Thereafter., the contractor will be held Jointly liable for arty
violation of this Order resulting from failure to comply with its conditiOns.,
33., Issuance of these Conditions does not 'in any way imply or certify that the site or
downstream areas,will niot be subject to flooding,, storm damage or,any other form of
water damage.,
PRIOR TO CONSTRUCTION'
North Lake Cocifiche%vick,Boat Laulich DES'File#242-19,00 NACC Findings&,Spechil Conditions
Page 5 of 17
DEP FILE #242— 1900—North Lake Cochichesvick Boat Launcli"
34. No work shall be undertaken until all administrative appeal periods from tfus Order
have elapsed or, if such an appeal has been filed,, until all proceedings before the
Department or Court have been completed.
,315. 'Thi's Order shall be recorded, in its entir by the applicant at the Registry of'Deeds,
in-in-tediately 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 districtin which the lads,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 ofthe owner of the land upon which,the
proposed work is, tobe 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 workis,to be one. The recording information shall be submitted to the
North Andover Conservation Con-u-nission on the form at the end of this Order for
to coiyunencemient of the work., Any, Order not recorded by the applicant before work
commences maybe recorded by the NACC at the applicant's expense.
36. Prior to sending out for Md. the draft RFP shall be submitted to the Conservation
Commission for review and verification of compliance with the conditions herein.
37. The RFP package shall include this Order of Conditions and shall require a, separate
CASH.wetland protection bond 1*n the amount of twenty thousand dollars, ($20,000)
specifically related to work involving wetland Impacts and restoration. A check
payable to the Town of North Andover shall be proviciea in the amount of twenty
thousand dollars $20,000 which shall be, 'in all respects satisfactory to Town,Counsel,
Town Treasurer, and the N'ACC, 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 ofiall conditions hereof, shall be signed by a
party or parties satisfactory to the NAC,C, and Town Cou nsel, 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 ar continuing nature.
The applicant may propose a monetary release schedulekeyed to completion of
sped tic portions of the, project or the NACC's review and approval. This condition is
issued under the authority of the local Bylaw.,
of
381. Prior to work commencing on,site and prior to the on-sl"te ilea-constructilon meeting,
the following,documents and materials shall be submitted, and then the contractor,
appficant, project engineer,, erosion control,moni,tor shall arrangle meeting with the
Conservation Administrator to review and estabil sh the following-
a. Plans that detail soils management and de watering (normal & special) shall be
prepared and stamped by a PE licensed in Mass,., possessing at least 5 years"
experience in successfully designing,such systems under similar conditions.
0 '1 ,�
**See Speciat uondition #40 &41 below." Prior to, the on-site pre-construct lion,
meeting, the contractor and the design engineer shall appear before the
North 11,ake CochicheNvick Boat L,aunch DEP file#242-1900 NACC 111"Ifidtligs&Special Conditions
Page 6 of 17
YDIIEP FILE, #242— 1.900—North Lake Cilia Boat Launch
de-IT 4,
Cons ervation tommission.at a regularly scheduled meeting to present the soils
management & dew atering plan for additional review and comment. This
information shall be submitted under a request to Mod ify the Order of
Conditions. The Commission reserves the discretion to assign additional
conditions as deemed necessary to,properly protect the wetland resource areas.
b,. 100% construction drawings accon-tpanied by a memorandum, prepared by a.
licensed PE, 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,witnin the,Commission's
juriscuction and,resulting conflicts with the Special Conditions of this Order.
The Conserva tion Department 'in consultation with, the Chairman shall make a
determination as to,whether said revisions,can,be reviewed admini str crawl
ly or
by way of modification or amendment wistl', the ion-tmission.
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. Electronic copies of all other listed permits[approvals shall, be submitted to the
Conservation Department, includi"ng,SWPPPl'f applicable-
e. The appliciant/contractor shall submit to thie NACC for approval, a detailed
and dated, sequence of construction, including tie install ation. of
sedimentation/eros,ion control devices, demolition, and all other work planned
through f inal stabilization.
f. The applicant shall desig ate,a Wetland Scientist (or other envi"ronmental
professional as approved by the NACC or its ageint as an "Erosion Control
Momtor," (Monitor). The name and phone i-iumber of the Monitor must be
provided to, the, NACC in the event that this person has tobe 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. The Monitor shall be
sit during and g a major iorm e v t of en 1/2" Iffich.of'rain.or
ion si /orfoll in st ow,
greater (24 hour event) to ensure that soils remainstable, and erosion controls
are adequate and secure. At least once during each week *in which construction
activities occur on-site and for as lion g''th ere after as ground remains unstable,,
Ir 10
the Monitor shall submit a written report with,photos to the ACC certifying
th , h her kwlede and belief basedn a, cal"eul sit
e
o ohs
inspection, all work is 1 Deing performed 'in compi I iance with this Order of
Conditions and that approved setbacks are in adhered to. TheMonitor
must visually inspect all sedimentation/erols-ion control measures and assume
responsibility for their maintenance on a weekly basis and that the� are
Y
functioning as, intended. In addition., all wetland resour e areas must be
visually inspected for siltation. turbidity, and/or other water quality im pacts.
The Monitor shall, oversee any emergency placement of controls and regular:
inspection,or replacement of sedimentation control devices,. This person shall
'be given the authority to stop construction for erosion control purposes. The
North Lake Cochichewi.ick Boat Launch DEPH,e#242,4900 NA.CCFitidi gig s&Sl ialCoti(liti3011]S,
Pag�7 of 17 1
DEP FILE #242 — 1900—North. La Cochichewick Boat Laundi
4 ., It
Monitor will imm,ediateiy notify the Conservation agent of any matter that
requires attention'by the,Commission or the agent. The 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,
g. Review of the entire Order of Conditions to ensure understanding by all
parties.
h. A contact list for all responsiffime parties for site, development and m onitoring
phases. Contact list shall include names, role, cell and off ice phone numbers,
mailing addresses and email, addresses.
39. Prior to construction and in time for the o .-site Pre-construction.meeting the
follo�wing shall be,implemented/prepared for Conservation Department and,Planning
Department inspection:
a. Two signs shall be displayed at the work site not less than two square feet or
more than three square feet in size bearing the words ""Mass, DE,P, File Number
242-19006" - one visible from the street and one from the water;
b. All erosion control/construction entran cep"dewatering management measures
shall be properly installed, bv suryey in the f iield, as shown.on the approved
plan set. A minimum of 12"'bark.mulch sock backed by, trenched siltationfence,
shall be placed bletween all construction areas, and wetlands., The erosion
control,barrier will be properly installed and placed in'the location.shown.on
the, plans appi.,toved 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 erosion prevention and seer mentati,on.protection measures found
necessary during construction shall be, implemented at the direction ofthe
NACC or its agent. The NACC reserves the right to limpose additional
conditions on portions of this project to mitigate impacts mpacts 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 Corm-rasslons request. 11 additional erosion
prevention and sectimentation protection measures found necessary during
con,struction shall be,implemented at t he d irection of'the NACC or Its agent.
I
'The NACC reserves the right to impose additionai conditions on portions of
this project to mitigate any impacts which could, result from.site erosion, or any
noticeable degradation of surface water quality dischargingfrom the site. For
exam,p , installatiort of erosion control measures may be required in areas not
shown,on the plan(s) referenced intnis Order of Conditions. Should such,
instal lat ionbe required by the ACC, they shall be installed within 48 hours, of
the Commission's request.
c., We land flagging shall, be checked prior to start of construction and shall, be re-
01
established where,missing. All wetliand, flagging shall remain visible and
North Lake Cochichewick B,oa,t Launcli DEII'File#242-1900 NACC Findings&Special,Conditions,
Page 8 of 17
DEP FILE #242—19 North La,ke Cochich,eivick Boat Launch
enumerated per the approved, pl,an(s) throughout the life of the project and.
until a Certificate of Cornpliance is issued so that erosion control measures can
be properly placed and wetland *impacts can be monitored. Such barriers shall
be checked and replaced, as necessary and shall be maintained until all
construction is complete.
d. All existing and, any other stormwater iniets on the site or on the streets
adjacent to the project shall be protected by erosion/sediomentation controls to
prevent sediment from entering the drainage system. Erosion/se dimentation.
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.
e. The applicant/contractor shall have on hand at the start of any soil disturbance,
removal or stockpiRing, n addifional 100 feet of silt sock cam filter t
s*It fence and, suff 1*cient stakes for staking covered from the elemen 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
th,e discretion to,require additional emergency erosion control BMP's, to,be
brought to the site if deemed necessary.
f. The applicant/contractor shall have absorbent materials for use in containing
accide to spIlIs available on site at all, times and shall be, on site in time for the
pre-construction on ist meeting for verificaftion. if any release offuel., motor oi.l.
lubricating oils, etc. occurs, the applicant or designee shall immediately notify
the,Commission's Office at (telephone number). A response action or cleanup
shall be conducted pursuant to GL c., 21E (Massachusetts Oil and Hazardous
Material Release Prevention and Response Act) and the Massachusetts
Contingency Plan (MCP).
g. All trees slated,for removal shall be, flagged in the field and rev iewed by
Conservation and Planning staff for necessity of their removal;
h. A f inal 100% native planting plan shall be submitted to the Conservation
Department for review and approval;
1, Prior to any work coiTanencing 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 phase�s of the project where appropriate, and, no
work within the Commission s jurisdiction shall commence until all other
state or local permits, approvals, and vari*ances, 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, there maintaining
the integri'lly of the resource area or buffer zone until such time all approvals
are granted.
j. All copies and related verifications as, required by NH',ES,P for mussel protection
shall be sub�mi'tted to the Conservation Department upon immediate
availability.
40. Dewatering.-
North Lake Cochicfiewick Boat 1,11,aunch DEP File#242-1900 NACC 1'indings&Sincial Condifions
Page 9 of 17
0
DEP FILE # 242 1900—North Lake Cochichewick,Boat Launch
a., A meeting with tlie Conservation Administrator is required prior to installation
and startup of the dewatering system
b. Approved.de-watering activities per special Cod iti"on #39.a., shall be
supervised and witnessed by the designated Monitor.
c. All dewaleriong activities shall, be conducted as detailed in the approved
dewaterling plan and shall be monitored daily by the erosion control monitor to
ensure that water discharged meets all requirements of the NPI)ES�G r al
Construction Permit SVVPPP' (if applicable), and Town of North, Andover
Conservation Commission Order of'Conditions.
d. Turbidity of the discharged water shall not exceed 40 NTU
e. No discharge shall be allowed directly into the resource area.
f. Discharge where available shall be through,an existing BMP or shall be
overland crossing a stabilized or vegetated area., Vol un-te, of water shall not
erode or otherwise damage the discharge surface.
9's If emergency dewatering requirements arise, the applicant shall, submlit-
contingency plan to the Commission for approval.
04, .1*
h. Contractor shall make moditications to the system or operation of the system if
the required criteria are notmet or to adjustfor varying field conditions.
41. stockpiling:
a. Stockpile location for all erodible materials (stone/so 611) shall be confirmed at the
preconstruction meeting. All stockpiled materials shall be contained, wit'nin erosion.
controls, and at the Conservation Admini'strator"s direction surrounded by
separate erosion controls 1"f'deem ssary., Excavated material not suitable for
re-use shall be trucked, off-site for legal disposal. Contractor shall have on hand at
the start of any soil disturbance, re�moval, or stockpiling, an additional 100 feet of
silt sock/compost filter tube, silt fence, and sufficient stakes for staking covered,
and protected from the etements, and shall be used only for the,control, of
emergency erosion problems and shall used.for the normal control of
erosion. The NACC or It's Agent shall have the discretion to require additional
emergency erosion control BMPs to, be brought to the site if deemed necessary.
b. Associated pavement and, roadways, including pri I ect ite
oJ s" - and haul ing route to,
staging or stockpile location, shall be swept at least weekly or as directed by the
Erosion control Monitor, the Site Supervisor, P—roject Manager�, or Conservation
Al M, -1 14 .
staff for as long as tne site remains,exposed and un-stabill"zied. If material is tracked
beyond the construction entrance onto the adjacent roadway, the roadway will be
swept daily.
42. Refuelling*.
a. A fueling plan and spill, prevention plan shall be provided, for all equipment on the
0 proje i ct ste that will, befueled. Trucks and other mobile equipment shall lie futile
at a location away from the project site.
4: 4, ''[Is
North Lake Cociiieliewick Boat Launch DEII File 4242-1900 NACC Findings&Speci,al Coll(fitio
Pagg 1,0,,,,olf,17
DEP FILE 9010—North Lake Cochichewick Boat Laullch
43. No changes to the approved plan shallbe implemented in the field until written
approval has been granted by the NACC. Any changes in the submitted plans caused
by the alp lli,cant, another Boar;d's, decision or resulting from this, Order of Conditions
must be submitted, to the NACC for:approval prior to implementation. If the NACC
r',
finds said changes to be signiticant, the NCC will call for another public hearing, (at
the expense of the applicant). Within 21 days of the close, of said u bfi c hearing the
p 11
NACC will sue an amended or new Order of Conditions. Any errors found 'in the
plans, or information submitted by the applicant shall be considered as changes.,
44. It is, the responsibility of the appl licant owner,, and/or successor(s) to ensure that all
conditions of this Order of Conditions are comp�liec I t with. The project engineer and
contractors are to be provided with a copy of this,Order of'Conditions and referenced,
documents before con-a-nencement of construction.
45., The erosion controls shall serve as,the limit of work., Workers should be informed that
no use of'machinery,, storage of machinery or materlials,, stockpiling of soil, or
construction activity is to, occurbeyond this,line at any time.
46. The a pticant and/or the legal owner of that,portion of land upon which these Orders
p
of Conditions have,been placed shall provide, to the NACC prior to transferring, or
assigning any portion of said, an to another party, subject to said, Orders of
Conditions, the "Com,pliance 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 ands in comp,i I iance with each and every
condition. This document shall apply to each of the conditions referenced lierein and
shall be provided to the Conservation,Department at least flee (5) business, days,prior
tothe closing of said, an transaction.
,47. Once these above-nientioned pre-construction requ,irem,ents are complete,, the,
1
applicant shall contact the Conservation Office prior to site preparatio�n or
construction and shall arrange an on-site cw-derence with an NACC and Pla
partment reprsea nniniz
D,e 1v the pro*e,ct en.gineer, the contractor the, erosion control
, entt* e,
d
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 speic ifficat ions 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 friom.failure to, comply with 'its
conditions. The applicant or contractor all notify the NACC in writing of the
'identity of the on-site construction super visor nired to coordinate construction and to
ensure com iance wttfi,thi Order s . A reasonable period of time shall be provided as
�pl*
notice ot"the pre-construction,meeting (e.g. 72 hours).
North Lake Cochichovick Boat 1.,aunch DEPM101242-1900 NACCFiiidi gig s&SI),ecialCoziditioiis
P '7
aCe�H.of I,
ix FILE #242 — 1900,—North Lake CochicheNvick Boat Launch
[S=TOR,M"W:ATER MANAGEMENT CONDITIONS
48. There shall be no increase in the post development discharges from the storm drainage
system or any other changes, in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved,in writing by the
0
Commiss i on.
49. Water qualit�y 'in down, grad ient BVWs 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,runott
leaving the site.
50. Prior to the issuance of the Certificate of Compliance, the applicant shall be
Ne for cleaning all stormwater structures,,, in accordance with the approved
responsi
Post Construction Operation and Maintenance Plan (0,&M), attached herein and the
aissoiciatect. stormwater management conditions mandated herem. Pviden of said
cleaning (i.e. involi" es/bills of lading) shall be submitted to the Conservation
Department for its,file.
51. All stormwater best,management practices shall be,maintained as,specif ied In the
approved. Operation and Maintenance Plan (O&M,) submitted with the Notice of
11
Intent and 'incorporated In the Order of Conditions. Evilic.tence of maintenance of the
stormwater management system shall be prov id ed to the NACC on an amival basis by
a Registered Professionat kivii Engineer or other qualified professional post
construction,. The first report shall. be submitted to the NACC one year after the first
storniwtiter structure goes on-line. The approved Operation & Maintenance Plans are
,fully binding upon the applicant and/or owners, successors., agents,, associations, heirs
and ass igns and must be adhered to in perpetuity,.
[1! =DUR1N::G CONSTRUCTION
52. Prior to plant/seed installation, order forms/Involces,for the plant materials,shall be
provided to the Conservation Department to ensure native species are chosen.
53. Upon'be gig ning work,, the applicant/erosi,on control, monitor shall submit writtert
progress,reports every month detailing what work has been done in or;near resource
areas,, and what work is anticipated to be done, ovier the, next period. 1"his will update
the construction sequence and can be a part of the weekly erosion control reports.
Narth I.ake Clochichewick Boat Lauri DEFT File 11242-1.9,00 NA,CC Findings&Special Canditions
-11'age 12 of 17
El' FILE # 242- 1900-Norti.1 Lake Cochichewick.Boat Launch
54. ..All dewatering activities shall be,supervised and wits ss 1byt1-ie deli Rnated erosion
.control monitor. D,e-wate rin g activiti es shall, be monitored daily by the erosi on control
monitor to ensure that sediment laden water is appropriately settled prior to discharge
toward the wetland, resource areas. If other emergency de-watering requirements
salsa, the applicant shall submit a, contingency plan to the,Commission for approval,
which provi'des for the purnped water to be contained in a settling Nasin, to reduce,
turbidity prior to discharge into a resource area,.
55. An,y fill used 'in connection with this project shall be clean fill, containing no tras-,L,
refuse, rubbish or debris, incluaingy, but not limited to lumber, bricks, plaster, it
lath, paper, cardboard, pipe, glass, processed glass aggregate,, concrete, recycled
concrete aggregate, tires, aE,)-hes, refrigerators,, motor vehicles or parts on any of the,
foregoing.,, Any fill i orted, to, the site must be accompanied bv a certIficafe of origin
or an analysis certifying clean lines, - whichever i's most applicable as determined by
the Conservation Commission or its staff.,
56. No on-site fuel storage shall occur during construction. Equipment may be refueled
outside the'1001-Foot Buffer Zone by delivery.
57. All exposed soil finish grade surfaces shall be in-maediately landscaped and stabilized,
or loamed, seeded and, mulched, with a.layier of m,ulch hay. All disturbed areas must
be graded, loamed, and seeded prior to November 1-st of each year., Outside ofthe
growing season, explosea soil finish grade surfaces shall be stabilized, with a lay r o.,
m�ulch hay until, climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for;more than 30 days, shall,be stabilized with a l,ayer:
of mulch hay or other means approved by the NACC.
58., Associated pavement and, roadways shall be swept at least weekly or as directed by,
the Erosion(-,-ontrol 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 roadway, it will be swept up daily.
59. No re-grawng in the,buffer zone shall have a slope steeper than 2:1, ('horizontal.-
vertical) other than fiat is allowed under this Order, if any.
9
60. The construction access,for the project shall be swept daily to remove sedi ment
deposited by construction vehicles accessing the site and avoid tracking on to public
right of way.
61. A materials stockpiling areas shall be contained. Additional containment measures
may be required by the Conservation Department at its discretion. At no time shall be
stockpiling of soil or any other materials occur on the wetland, side of the erosion
clontrols.
North Lake Cochi cliewick Boat L,aunch CEP Fil #242-1900 NA,CC 1"'indings&Special Coll(liflons,
Page 1,3 of 17
"E,P FILE, # 242— 1,900, North Lake Coc sic hesvick Boat Launch
62. Construction equipmen,t, vehicles and � r i'ads shall be stored as far away from the
wetland resources,as possible and surrounded with appropriate,controls , a manner
that prevents erosion.into the wetland.
63. All waste, generated by, or associated with, the constructleon activity shall be contained
within the limit of wo,rkl and away from,any wetland resource, area. There shall be no
burying of'spent construction ma.teria..is or disposal of waste on the site,by any other
means. The applicant shall.maintain dumpsters � 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'100 feet ofthe edge of the wetland..,
-
64. Accepted engi* tiering and construction standards and, procedures shall befollowed in
the completion of the project.,
65. Duri'ng and after work on this project, 'there shall,be no discharge or spillage of fuel,, or
other Pollutants into any and 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 wl"thin one (1) business day., No construction vehicles are,to be storedwithin
1.00 feet of wetland resource areas, and no vehicle refueliong, equipment lubrication, or
maintenance 'is to,be done within 100 feet of a resource area.
AFTER CONSTRUCTION
11 im 11 1
66. A written report deta.it g the integrity of the,boat launch as a result of a wi nter season
experiencing frozen lake conditions, documenting any impacts or damage to t,lie
launch construction MaterialS, shall. be submitted to the Conservation Department for
review and any follow up, that maybe requi red to address def ic.11"encies or,needed
repairs.
167. No underground storage of fuel is shall be allowed on any lot within one-hundried
,141.0
(100) feet of any wetland resource area. This concution shall survive this Order of'
Conditions, and shall run with the title ofthe property., This condition.is issued under
the author 14ty of'the TowWs Wetland, protection Bylaw.
Fertilizers utilizedfoi." landscaping and lawn are st gall 'be slow release, low-ni-tro,gen
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,. No sodi"U.M.-
based products shall be used for control, of ice or snow witnin 100 feet ofthe wetland.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This conditio n is, issued under the authority of the,Town's W'et land
Protection Bylaw and shall remain, 'in perpetuity.
I
North Lake Cochidilewick,Boat Launch DEPI'M4242-19010 NA.CCFiiidii:ig,�,&Sl)e:ci�t[Cotiditi jis
Page 14 of 171
DEP FILE #242 1900-North Lake Cochichewick Boat Lamich
69. There shall be,no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource are or the 25-foot No-Disturb Zone. This condition shall remain in
perpetuity.
70. Upon completion, of construction,and, grading, all disturbed area located outside
resource areas shall,be stabilized. permanently against erosion. This shall be done by
-to
loaming and, seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
71. The use of coal tar-based pavement sealants, 'is prohibited on the property, as they
-1 .
have been determinect to contribute,high levels of poff.ycy,cll*c aromatic hydrocarbons,
(PAHs) to stormwater:runoff. This condition,shall survive the Order of Con ditions
and shall run with the title the property.
72. Upon approved site stabilization by Conservation staff', the erosion controls all lie
,10
removed and properly Clisposed of and all exposed unvegetated areas shiall be,seeded.
73. Upon completion of the proilect the applicant shall submit the following to the
Conservation CoiTunission 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 Comphance.,
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 Compiiance inciicating that they read, and
understood. the recorded Order of Conditions prior to purchasing their property.
e,., The name and address of the inciividual/trust or corporation to whom the
compiiancle 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 Conimonweafth certifying that the
work hasbeen conducted as shown on the plans and documents referenced
above, and as conditioned by the Coti-i piss ion.
11, An " s-Built" lan preparect and-t signed and stamped by a, Registered Professional
C1*vII Engineer (and/or Registered Professional Land,Surveyor) of the
Co mmonwealth,for the public record,. This, plan,will inclucle:
" s-Built" post-de vielopment elevations ofall. drainage & stormwater
management structures constructed wil'thin 100 feet of any wetland resource
area.
"As-BuAlt" plost-development elevations and grades of all
f illed/altered/replicated wetland resource areas including the
11
North Fake Cochichewick Boat Launc h �DEP File 2-1 CC NACC Findings&SI)ecial Conditions
Page 1S of 17
DES' FILE, #242— 1900—North Lake C,odiiehewick Boat'Launch
encompassing 'buffer zone which�is regulated as a resource area under the
local Welland Protection Bylaw.
Distances from structures to welland 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 ntrol.
a
devices. "Work" includes disturbance of soils, or vegetation.
Location of all subsurface utilities entering the property.
1
87. The following special i conditions shall survive tfte issuance of a Certificate of
Compliance (COC) for this project:
25- No-D*Isturbanc ,n,ea,nda5 -,Co�nsti,,u,ction 'r/-7,one., Future work
within 100" of existing wetland resource areas will require a separate fil 4111,9
with the NACC of the Regulations for performance standards w1thin 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
101cal, Bylaw (Condition #31
Adherence to the,Stormwater Operation & Maintenance Plan (Condition
Discharge or spillage of pollutants (Conditilon #65),;
Pr1ohibitIon of underground fuels, (Condition#67)-
Utn'tations on the use of fert"I"zers,her b*dides/ and psi *deg (Conditions
#68)
No dumping of leaves, grass clippings,, brush, or other debris into a wetland
resource areas or the 25-foot No-Disturb Zone (Condition #69);
Prohibition of the use of coal tar based products for pav'Ing (Condition#71).
North Lake Cochic hews ck Boat Launch E,P it #242-1900 NACC Findings&Special Conditions
Page 16
DE FILE 242 — 1900—North Lake Co,clud"Ienviclk Boat Launch
APPENDIX A- AFFIDAVIT
on oath do her depose&1id state:
(authorized agent applicant and/or curre owner)
(PLEASE CHECKAT LEAST ONE BLOCK)
I am the
(position.with applicant) (applicant name or company naine)
the applicant u.pon whom Order of Conditions
have been placed upon by WEP or NACC ntiniber)
the,North Andover Conservation Cominission.
&/or
2. 1 am,the of
(position with,owner) (owner me),
the owner upon whose land Order of Conditions
have been placed u..P by (DEP or NACC nUinber)
the North Andover Conservation Commission.
3. 1 hereby aff ffim.and acknowledge that I have received.said Order of Conditions
and,have read the same and,understand each
(CEP'File#) and every condition which has been set forth,
1 s 'd.Order ofCondifions.
111 ial
1 hereby affirm and acknowledge thaton thiis.-day of 1.9,
I 'inspected said property together with any and alb.ii prove ments which,have
been,niaide to the same and hereby certify that each and every condition set
foj,lh,I'M Order of Condi''110.11's are presently "in compliance.
(DEP File#)
51. hereby affirin.and acknowledge that this document will be re.fied upon by the
North Andover Conservation Comiaiission as well as,any potential buyers of'
sald, P i roperty which, is subject to said Or of Conditions
(DEP File #)
Signed under the pains and penalties of perjury thl"s day of 1'..9
(Signature-authorized agent of applicant or owner)
North 111,,ake Co,chichewick Boat Lamich DEP File 11242-1900 NACC Fiticlings&Sixeial Con(ji(iolls
Page 17 of 17