HomeMy WebLinkAboutWPA Form 5 - Order of Conditions - - Doc: 130 , 894 12-2 6-2024 4-0 : 37
Ctf# : 4482
Massachusetts Department of En giro nm a nta l Protection Provided by MassDEP:
090
Bureau of Resource Protection - Wetlands -1441
MassDEP File#
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Andover
City/Town
A. General Information
Please note: Andover
this form has 1. From. Conservation Commission
been modified
with added 2. This issuance i s for
space to check one):
a. ® Order of conditions b. aAmended Order of Conditions
accommodate
the Registry
of Deeds 3. To: Applicant:
Requirements
Anthony Preston
Important: a. First Name b.Last Name
When filling Merrimack College
out forms on c.organization
the 315 Turnpike Street
computer, d.Mailing Address
use only the
tab key to North Andover MA 01845
move your e. Cityffown f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
a_First Name b_Last Name
Q
C.Organization
d. Mailing Address
e_CityTrown f.State g_Zip Code
5. Project Location:
175 Haverhill Streetl315 Turnpike Street Andover
a.Street Address b. CitylTown
113 5/5
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d40m14s 71d07m25.5s
d.Latitude e_ Longitude
M. PAUL IANNUCCILLO, REGISTER
wpeform5.doc•rev 5//812020 ES SEX N00NOARhYSTRY OF DEEDS
E-RECORDED
Doc: 130 , 894 12-2 6-2024 10 : 37 Page 2 Qtf 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 090-1441
I�-_ WPA Form 5 -- Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Andover
C ity/Town
A. General information (coat.)
6. Property recorded at the registry of Deeds for(attach additional information if more than
one parcel),
Essex North
a.County b.Certificate Number(if registered land)
30 329
o_Book d.Page
September 1 7, 2024 Deceiriber 1 2024
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);
Merrimack College Lecture Hall
a.Plan Title
Diane Tran Diane Tran
b_Prepared By c.Signed and Stamped by
September 12, 2024, rev. October 30, 2024
d, Final Revision Date e.Scale
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). Cheek all that apply:
a. d Pu bloc Water Supply b_ Q Land Containing Shellfish
c. LY Prevention of
Pollution
f. N. Protection of
d_ Q Private Water Supply e. �] Fisheries VVild life Habitat
9. Groundwater Supply h. Storm [damage Prevention 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 i n 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,rear 5!1812020 Page 2 of 13
Doc: 130 , 894 12-26-2024 10 : 37 Page 3 c4f 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 090-1441
MassDE P File#
WPA Form 5 -- Order of Conditions
t Massachusetts Wetlands Protection Act I.G.L. c. 131, §40 eDEP Transaction#
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. El 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 10.0 5(5)(c).
3. Ll Buffer Zone impacts. Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02{t}(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
4. ❑ Bank a. linear feet b_linear feet c.linear feet d.linear feet
et
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d_square feet
6. El Land Linder
Waterbodies and a_square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.cly dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage a cubic feet f_cubic feet g.cubic feet h.Gubic feet
8. El 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
9. ❑ Riverfront Area b.totals .feet
a.total sq.feet q
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 1 00-
200 ft g.square feet h.square feet i.square feet J.square feet
wpaform5_doC-re 5/1 B120�0 Page 3 of 13
Doc: 130 , 894 12-26-2024 10 : 37 Page 4 of 17
Massachusetts Department of Environmental Protection Provided by MassdER
Bureau of Resource Protection - Wetlands 090--1441
MassDEP File#
r WPA Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. eDEP Transaction#
Andover
CitylTown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
l4. ❑ Designated Port Indicate size
Areas under
Land Under the Ocean, below
11. ❑ Land Under th e
Ocean a_square feet b.square feet
c.cJy dredged d.cly dredged
12. Ej Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
3_ ❑ Coastal Beaches a.square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet e.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
q q q
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.*dredged d.cly dredged
19. El 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.cly dredged b.cly dredged
21. ❑ Land Su bject to
Coastal Storm a.square feet b.square feet
Flowage
22. ❑ Riverfro nt 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 L square feet j.square feet
wpaform5 doc-GeV 5118/2020 page 4 of 13
Doc: 130 , 894 12-2 6-2024 10 : 37 Page 5 of 17
Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection -• Wetlands 090-1 441
MassDEP File#
WPA Form 5 -- Order of Conditions
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Andover
city/Town
B. Findings (cont.)
#23.If the 23. El Restoration/Enhancement#:
project is for
the purpose of
restoring or a.square feet of BVVV b.square feet of salt marsh
enhancing a
wetland 24 ❑ Stream Crossing(s):
resource area
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 E.5_c
(ate 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
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 rnarntenance 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 specia I 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 he 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-
wpaform 5.d Qc•rev 5/18/2020 Page 5 cf 13
Doc: 130 , 894 12-26-2024 10 : 37 Page 6 of 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 090-1441
- MassDEP File#
�.� WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 eDEP Transaction#
Andover
C ityffown
C. General Conditions Under Massachusetts Wetlands Protection Act
5. 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 than 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, WassDEP"]
"File Number 090-1441 "
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 5/1812020 Rage 6 of 13
Doc: 130 , 894 12-26-2024 10 : 37 Page 7 clf 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 090-1441
AAassDEP File#
r WPA Form 5 Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
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) N is subject to the Massach u setts Stormwater Standards
(2) Ll 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 stormwate r 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;
X. any illicit discharges to the sto rmwater management system have been removed, as per
th a req u i re men is of Sto rmwate r Stan dard 1 0;
wpaform5.doc-rev 5116/2020 Page 7 of 13
Doc: 130 , 894 12-26-2024 10 : 37 Page 8 QfE 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 090-1441
MassDEP File#
WPA Form 5 -- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
And over
c ityrrow n
C. General conditions Under Massachusetts Wetlands Protection Act (cunt.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition:
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 1 8(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
U.) 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 1 8(f) through 1 8(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.
wpafcrm5.doc-rev W1 W2020 Page a of 13
Doc: 130 , 894 12-2 6-2024 10 : 37 Page 9 of 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
090-
� Bureau of Resource Protection - Wetlands MassDE4 1
aSsDEP File#
WPA Form 5 --- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction�
Andover
City/Tawn
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 srte to evaluate and ensure that the responsible party is in compliance
with the requirements for each BM P 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 lags and regulations.
i) I Ilicit discharges to the stormwater management system as defin ed in 310 CM R 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 Stor•mwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
l} 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):
See Special Conditions Attached
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,
wpafarm 5.doc•rev 5/1812020 Page 9 of 13
Doc: 130 , 894 12-26-2024 10 : 37 Page 10 Vf 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 090-1441
WPA Form 5 ^ Order of Conditions h�assDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Andover
c i ty/Tow n
D. Findings Under Municipal Wetlands Bylaw or ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ® No
2. The hereby finds (check one that applies):
Conservation Commission
a. El 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:
1.Municipal ordinance or Bylaw 2, Citation
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):
See Special Conditions Attached
wpaform S.d oe•rev 511&2020 Page 10 of 13
Doc: 130 , 894 12-26-2024 10 : 37 Page 11 of 17
Merrimack College Camptis Stormwater Management Plan
Lecture Mall Construction
Construction of new Lecture Hall, Documentation of Compliance with
Campus-Wide Stormwater Management Plan
DEP FILE NO. 090-1441 SPECIAL CONDITIONS
1. WORK AUTHORIZED UNDER THIS ORDER—Only work explicitly described in
documents and materials that were partially relied upon by the Commission to issue this
Order of Conditions may be permitted. The Notice of Intent application package,
Stormwater Management Report, Stormwater Management Systems Operation and
Maintenance Manual, and Site Plans were generated for two reasons:
1 A; To document the construction of the new Lecture Hall on the Merrimack College
carnpus; and
1B: To renew and extend the originally established framework put in place by the original
Order of Conditions (#090-750) that allowed Merrimack College to track development
projects within the Berry Brook watershed using credits under an established Stormwater
Management Bank.
Documents
912024 Stormwater Management Report, entitled `Lecture Hall at
Merrimack College, 315 Turnpike Street,North Andover, MA."
Received from Diane Tran, P.E., of VHB. Dated September 12, 2024,
revised November 13,2024.
912024 Storm-tirater Management System Operations and Maintenance
Manual, Lecture Hall at Merrimack College, 315 Turnpike Street,
North Andover, MA." Received from Diane Tran, P.E., of VHB.
Dated September 12,2024, revised November 13, 20246,
Site Plan
9/2024 Site Plans entitled "Merrimack College Lecture Mall,315 Turnpike
Street, North And over, MA 01845 ." Received from Diane Tran, P.E.,
of VHB. Dated September 12,Z024, revised October 30,2024.
2. FINDING—PARTIAL RELIANCE ON PEER REVIEW. The Andover Conservation
Commission is partially reliant on. a peer revie"r of the stormwater management design and
the status of the Merrimack College campus-wide stormwater management system and
stormwater management bank performed by Janet Carter Bernardo,P.E. and Principal of
the Horsley Witten Group.
Peer review letters reviesired by the Ando-$rer Conservation Commission for this project are
dated October 28,2024; November 7,2024; and Novem ber 15,2024.
Doc: 130 , 894 12-2 6-2024 10 : 37 Page 12 of 17
Response letters to peer review comments were authored by Diane Tran,F.E. and Jeffrey
Koetteritz, P.E.,with letters dated October 30, 2024 and November 13, 2024.
Per Janet Be rn a rd o's Peer review letter, dated November 15111, 2024:
"Un der Special Condition 5.2 o�f'th a oricr* r12001 Order off'Conditions, the�Storinivater Batik
was created to support a 30 year titnefraine f orfull build-vial o.f the Merrimack College 41aster
Plait. Under Special Condition 5.3, the S'torr stpater Bank was originally7 established with a
credit o�f'62 cubic feet per second(cfs)from which the I0o-}year perk run of�f'rates are allowed
to increase.As of th a rnost recent July 19, 2018 Amended order of Conditions, 14.63 e�f s o_f
credit reinains.
Based on a review of the above-listed materials, HW understands drat the Storinwater Batik
wets established and approved under the original 2001 Order of Conditions to give credit to
Aferrintack College for the installation of two detention basins on campus---the Football Field
and Flin Street Detention Basins—which accept municipal run o.f,f'.f'roar offsite subwatersh eds
south o�f'Highland Road and southeast of Route 125. These stortrnvoter management practices
were designed and constructed in response to a 199611997 study of tha Berr v Brook watershed
conducted otr bell a(of Aitdo ver by C h arles Fidler. Tire two delentron basins were proposed in
order to alleviate upstream floodingy without installing storrnwater management practices in
locations intended for development per the AIerrimack College faster Plan. Per Sasaki's
June 2001 letter to tlr e Andover Conservation Commission A dministrator, th a two practices
reduced the total peak runoffrate froin the built-out College Alaster Platy conditions of'the site
b}� 62 cfs relative to the 2001 existing conditions f or the 24 hour, 100+1year storjrr event.
The a 2001 Order of'Conditions itras issued to establish a credit of f'62 cfsfroin which increases
in peak runoffrates caused byfuture develop ruent associated with the College Alaster Plan
could be deducted. The titnefraine of the College Alaster Plait stpas understood to be 30years
0.e., 1001 2031). Bequests fort!rxtended orders o,,f'Coltdxtions to exten d the original 2001
Order of'Conditions are allowed at f ve;vear intervals tip to sir tirrres. The 2018 tirrterrcled
Order of Conditions represented the fifth such amendrrrerrt;granting this current 2024 request
wo uld Ili ere_fore represent the sixth Ainended Order of Colt ditioits.As o,f th e 2018Ametrded
Order, 14.63 cfs credit rentains in the►S'torirwatet Barth. The Applicant is not requesting to
rise any of th a rein aining creditfo r tit a proposed Lecture Hall project th at is ineluded in the
2024 NOI Application for an Amended Order and described in a separate stormwater peer
review letter dated October 28, 2024, updated November 1 S, 7024,prepared by Hof'(DEP File
No 090-1441). The Applicant proposes to extend the duration of'th the remaining 14.63 credit
per the Findings rioted below."
3. FINDING ---ESTIMATING 24-HOUR, 1 oo-YEAR PRECIPITATION DEPTH. The
Andover Conservation Commission finds that the values of the design storm depths for
the 24-hour storm events analyzed shall be determined using the higher value between
the NOAA14 methodology, the Original 1999 Stormwater plan, or current data
provided by MassDEP,whichever is highest."
Doc: 130 , 894 12-26-2024 10 : 37 Page 13 of 17
4. FINDING—REQUESTS FOR AMENDED ORDER OF CONDITIONS. The Andover
Conservation Commission requires that requests for Amended Orders of Conditions be
submitted to the.Andover Conservation Commission every 5 years or sooner~.
5. FINDING--RECEIPT OF OPERATIONS AND MAINTENANCE PLANS. The
Andover Conservation Commission requires that maintenance records and floe
monitoring reports that document the effectiveness of the campus-wide stormwater
management system be submitted to the Andover Conservation Commission on an
annual basis.
6. FINDING—RECEIPT OF STORMWATER POLLUTION PREVENTION PLAN
(SWPPP). The Andover Conservation Commission requires that the applicant provide
the Stormwater Pollution Prevention Plan (SWPPP) at least 14 days prior to the
commencement of earth disturbance.
7. FINDING—This Order of Conditions hereby extends the duration of the remaining
14.63 cfs credit until 5 years from the date of the issuance of this order of Conditions.
For clarity,it is the Andover Conser-%ration Commission's intent that the extension
granted hereby by the Commission, combined with any extension to the 2018 Order
arising from the Economic Development Bill, H-4804, signed by the Governor of
Massachusetts in November 2024, providing a 2-year permit extension to orders in
effect from January 1,2023 to January Y, 2025,will have the net total effect of
extending this Order of Conditions for 5 years and that therefore, this Order of
Conditions will expire on the 511 anniversary of its issuance in December 2029.
8. FINDING—Prior to commencement of work, the plans referenced in this Order of
Conditions shall be recorded with the Order of Conditions and cross referenced thereto in the
Essex County Registry of Deeds and/or the Essex County Registry District. This finding shall
remain in effect in perpetuity and shall survive the issuance of a Certificate of Compliance.
Only work explicitly described in the above-referenced plans and Notice of Intent is authorized
under this Order of Conditions.
9. RECORD OF COMPLETION OF BUILDING PROJECTS. Not more than thirty days
following completion of the Lecture Fall component of the project or other future campus
construction activities or improvements, the applicant shall submit the following to the Andover
Conservation Commission: A) An affidavit prepared by a professional engineer or land
surveyor registered in the Coimiionwealth of Massachusetts, stating that the site has been
developed in accordance with the requirements of this Order of Conditions, based upon an on-
site inspection and the referenced site plan. This affidavit should include a listing of any
deviations from the approved plan; and B} An as-built drawing, prepared by a Professional. Ladd
Surveyor or Professional Engineer, registered in the Commonwealth of Massachusetts, and
depicting the final and actual condition of all areas within the jurisdiction of the Massachusetts
Wetlands Protection Act shall accompany such request.
Doc: 130 , 894 12-26-2024 10 : 37 Page 14 of 17
10. CERTIFICATE OF COMPLIANCE, Not more than thirty days following completion of the
project, the applicant shall submit their request for a Certif�cate of Corn fiance, an affidavit
prepared by a professional engineer or laid surveyor registered in the Commonwealth of
Massachusetts, stating that the site has been developed in accordance with the requirements of
this Order of Conditions, based upon an on-site inspection and the referenced site plan. This
affidavit should include a listing of any deviations from the approved plan.
An as--built drawing, prepared by a Professional Land Surveyor or Professional Engineer,
registered in the Commonwealth of Massachusetts, and depicting the final and actual condition
of all areas within the jurisdiction of the Massachusetts Wetlands Protection Act shall
accompany such request.
11. EXCAVATION DEWATERING. In the event that excavation dewatering is required within
any area subject to jurisdiction of the Wetlands Protection Act the applicant shall Notify the
AndoNrer Conservation Commission and an agent for the Andover Conservation Commission in
advance of such work, and shall be responsible to ensure that such water is free of suspended
solids before being discharged into either a wetland or into any storm water drainage system.
This condition applies to all forms of dewatering, including pumping,trenching, and use of a
temporary dewatering or detention basin.
12. CONSTRUCTION DOCUMENTS. This Order of Conditions shall be made part of all
construction documents for this project. All contractors working at the site shall be made aware
of the provisions contained within this Order of Conditions and shall adhere to all the Special
Conditions contained herein. The applicant, or his designee, shall, at all times, have a copy of
the Final Order of Conditions at the site and shall monitor compliance with the provisions of this
Order.
13. CLEAN FILL. All fill used in connection with this project shall be clean borrow. The
following shall be prohibited: chemically contaminated material- concrete and asphalt rabble;
stunips and other solid waste. In order to prevent the spreading of invasive species, every effort
shall be made to minimize the import of non-native fill. If non-native till is required, the fill
shall be from a local source, free froth invasive species, and free from seeds of invasive species.
14. GRADING AND STABILIZATION. Grading shall conform to the plans and data
referenced above. In all cases final grades shall have a minimum of two inches of topsoil
(measured in place) over disturbed areas. In all cases exposed soil areas shall be stabilized with
vegetation, i.e. a native, non-invasive ground cover plant or wetland conservation seed mix. In
no case shall wood chips, mulch, or similar covering be acceptable as permanent ground
stabilization in lieu of vegetation. Wood chips, mulch, or a similar covering may be used on a
temporary basis for ground stabilization until the disturbed area can be seeded during the
following growing season.
15. CONTROL OF CONSTRUCTION DEBRIS. No construction debris (paper, wood, metal,
concrete, etc.)may be allowed to enter the wetland resource areas at any time. Windblown
material shall be promptly removed from wetland resource areas.
Doc: 130 , 894 12-2 6-2024 10 : 37 Page 15 of 17
16. FUEL STORAGE AND REFUELING OPERATION PROHIBITED WITHIN RESOURCE
AREAS AND BUFFER.BONE. The storage of fuel, oil, grease and similar material needed to
refuel and maintain construction equipment shall not be stored within a wetland resource area or
the 100 foot buffer zone, nor shall refueling or maintenance occur within those areas.
17. DAMAGES TO RESOURCE AREAS. Any damage caused as a direct result of this project
to any wetland resource areas, beyond that authorized by the order, is the responsibility of the
applicant to repair, restore or replace. Sedimentation or erosion into these areas shall be
considered damage to wetland resource areas. The Andover Conservation Commission shall be
pron-1ptly notified of any damage to wetland resource areas beyond that authorized by this order.
Fallowing notification, the applicant must submit a plan for abatement of the problem and
restoration. This plan must be approved by the Andover Conservation Commission prior to
implementation.
1 S. SURPLUS EARTH MATERIALS. It shall be the responsibility of the Applicant to ensure
that any and all surplus materials that are not needed for use on the project are lawfully disposed
of outside any area subject to protection under M.G.L.c 131, s. 40, unless such disposal area and
activity are regulated under either a valid order of Conditions or Determination of Applicability.
Doc: 130 , 894 12-26-2024 10 : 37 Page 16 pf 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
4 Bureau of Resource Protection - Wetlands 090-1441
MassDEP File#
WPA Form 5 — Order of Conditions
{ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Andover
CityTrown
E. Signatures
This Order is valid for three years,unless otherwise specified as a specialC? ,
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form. 7
This Order roust be signed by a majority of the Conservation Commission. 2. Number 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.
Donald Cooper
Signature Printed Name .
Jon Honea
Signature Printed Name
Alix Driscoll
Signature y Printed Name
Ruby Brown
Signature Printed Name
M i randa C have
Signature Printed Name
Floyd Greenwood
Signature Printed Name
r
-� Stuart Rubin
Signature Printed Name
Signature Printed Name
Ej by hand delivery on by certified mall, return receipt
recested, on
Date Date
wp aform S.do c•rev 5/1812020 Rage 11 of 1:3
Doc: 130 , 894 12-2 6-2024 10 : 37 Page 17 of 17
Massachusetts Department of Environmental Protection Provided by MassDEP:
x Bureau of Resource Protection - Wetlands oa0-�
�11assDEP 1
EP File#
WPA Fora 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Andover
Cityrrown
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 CIVIP 10.03(7) within ten business days from
the slate 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.O.L. c. 131, §40), and is inconsistent with the
wetlands regulations (31 D CIVIR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform-5.doc•rev 5matmo Page 12 of 13