HomeMy WebLinkAboutConservation Permit # 8/14/2014 `
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W A Form 5 — Order of Conditions
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A General Information /
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o.First Name b. Last Name
c.Organization
u.Mailing Address
o.City/Town f.State g�Zip Code
u. Project Lonation:
1U7 Campion Road North Andover �
a.Street 8ddmno h.cdy/Town |
MAP 62 Lot 89
o.Assessors Map/Plat Number d.Pamo|/LntNumhor
Latitude and Longitude
42d42m30.45a 71d05m38.47e
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wvafvm5.doc' rev.onz2/m14 Page 1w/, �
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Provided by MassDEP:
NACC#126
ILI WPA Form 5 ® Order of Conditions MassDEP File#
eDEP Transaction#
North Andover
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Essex North
a.County b.Certificate Number(if registered land)
6848 165
c.Book d.Page
7. Dates: 5/1/2014 8/13/2014 8/14/2014
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):
Site Plan 107 Campion Road (2 sheets)
a.Plan Title
Andover Consultants Inc. James S. Fairweather II, P. E.
b. Prepared By c.Signed and Stamped by
July 9, 2014 V=20'
d.Final Revision Date e.Scale
Planting Plan July 30, 2014
f.Additional Plan or Document Title g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpaform5.doc• rev.05/19/2010 Page 2 of 12
Provided by MassDEP:
NACC#126
WPA Form 5 ® Order of Conditions MassDEP File#
eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a. linear feet b. linear feet c.linear feet d.linear feet
5. ® tOF6644M � �f 3491 3491 5730 5730
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e. c/y dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e. cubic feet f.cubic feet g.cubic feet h.cubic feet
s. ❑ Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
wpaform5.doc• rev.05/19/2010 Page 3 of 12
Provided by MassDEP:
NACC#126
WPA Form 5 ® Order of Conditions MassDEP File#
eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
1o. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
15. ❑ Coastal Banks a. linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
wpaform5.doc• rev.05/19/2010 Page 4 of 12
Provided MassDEP:
NACC#1 26
PA Form 5 ® Order of Conditions MassDEP File#
eDEP Transaction#
North Andover
City/Town
B. Findings (cont.)
*
922.If the 22 ❑ Restoration/Enhancement*:
project is for
the purpose of
restoring or a.square feet of BVW b.square feet of salt marsh
enhancing a
wetland
resource area 23. ❑ Stream Crossing(s):
in addition to
the square
footage that a. number of new stream crossings b.number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BVVV)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 g y y
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
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.
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.
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.
wpaform5.doc• rev.05119/2010 Page 5 of 12
Provided by MassDEP:
Lo 614- � </% 41�G� NACC#126
MassDEP File#
WPA Form 5 ® Order of Conditions
ILI eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number NACC#126 "
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.
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.
wpaform5.doc• rev.05/19/2010 Page 6 of 12
i Provided by MassDEP:
COC46 % � � �� ® � NACC#126
MassDEP File#
WPA Form 5 ® Order of Conditions
eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project") is (1)❑ is not(2)® subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards,then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i, all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
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.
wpaform5.doe• rev.05/19/2010 Page 7 of 12
I Provided by MassDEP:
NACC#126
ILI WPA Form 5 ® Order of Conditions MassDEP File#
eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement("O&M Statement)for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,
and ii.)the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and implement
the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc• rev.05/19/2010 Page 8 of 12
Provided by MassDEP:
NACC#126
WPA Form 5 ® Order of Conditions MassDEP File#
ILI eDEP Transaction#
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
See Attached
wpaform5.doc• rev.05119/2010 Page 9 of 12
Provided byMassDEP:
l NACC#126
MassDEP File#
Ll WA Form 5 ® Order of Conditions
eDEP Transaction#
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds(check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2.Citation
s. 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 Attached
wpaform5.doc• rev.05/19/2010 Page 10 of 12
NProvided by ACC#12assDEP:
Fj
MassDEP File#
r
WPA Form Order of Conditions
eDEP Transaction#
North Andover
City/Town
E. Signatures
This Order is valid for three years,unless otherwise specified as a special
condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form. Ll
This Order must 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.
Signatures:
s
❑ by hand delivery on d by certified mail, return receipt
requested, on
�d
Date Date
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 of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, § 40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc• rev,07/22/2014 Page 11 of 12
r ��L P -b q Provided by MassDEP:
NACC#126
MassDEP File#
A Form 5 ® Order of Conditions
eDEP Transaction#
North Andover
City/Town
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
---------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
107 Campion Road NACC#126
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County Book Page
for: Dimitrios Saragas
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.05/19/2010 Page 12 of 12
NACC #126
Findings:
• On August 5, 2014 the North Andover Planning Board issued a Watershed Special
Permit for the project proposed herein.
• A Positive Determination of Applicability was issued for the site on February 2,2014.
The Isolated Vegetated Wetland is jurisdictional under the North Andover Wetlands
Protection Bylaw and associated Regulations, but not the Massachusetts Wetland
Protection Act and associated Regulations.
• The NACC finds that the Isolated Vegetated Wetland on site is jurisdictional under the
North Andover Wetlands Protection Bylaw. However, soil testing reveals that the
resource area was created by the deposition of impervious material on the site during
subdivision construction. Soils below the fill material are upland soils with evidence of
the seasonal high water table at 34 inches. The proposed project will remove the fill
material allowing better infiltration on site. In addition,mitigation will be provided to
enhance stormwater management and improve wildlife habitat.
The North Andover Conservation Commission (hereafter the "NACC") hereby finds that the
following conditions are necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to protect those interests noted
above. The NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals submitted with
the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a single family home with deck and
screen porch, driveway, stormwater management structures (rain gardens),
appurtenant utilities, site work,landscaping and grading. The work is within Isolated
Vegetated Wetland (IVW) and the associated 100' Buffer Zone as well as the Town's
Watershed Protection District.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: Dimitrios Saragas
16 Somerset Drive
Andover, Massachusetts 01810
Notice of Intent filed by: Curtis R. Young
Wetlands Preservation, Inc.
47 Newton Road
Plaistow, NH 03865
NACC#126, 107 Campion Rd-OOC Special Conditions 1 NACC 8/14/2014
NACC #126
Date filed: May 1, 2014
Site Plans prepared by: Andover Consultants Inc.
1 East River Place
Methuen, MA 01844
Titled: Site Plan
Date: March 3, 2014
Revised: July 9,2014
Sheets 1 &2
Stamped by: James S. Fairweather II, P.E.
Landscape Plan- Date June 9, 2014&Last Revised
July 30, 2014
Stamped by: James S. Fairweather 11, P.E.
Stormwater Review
(for Watershed Special Permit): Eggleston Environmental
Lisa D. Eggleston,P.E.
Review Letter Dated: June 17, 2014
&July 15,2014
Response letter from James S. Fairweather 11, P.E.
to North Andover Planning Board
Dated: June 23, 2014
Wetland Delineation
Conducted by: Wetland Preservation Inc.
47 Newton Road
Plaistow, NH 03865
See Request for Determination of Applicability
Dated January 9, 2014
Other Record Documents: Stormwater Report
Prepared by Andover Consultants, Inc.
Dated July 9,2014
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
NACC#126, 107 Campion Rd-OOC Special Conditions 2 NACC 8/14/2014
NACC #126
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions,the Act (310 CMR 10.00),the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. The following wetland resource areas are affected by the proposed work: Isolated
Vegetated Wetland (IVW). These resource areas are significant to the interests of the
Act and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
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32. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
33. The project proposes to fill an Isolated Vegetated Wetland (3,491 s.f.) As noted in the
findings above, the IVW is the result of placement of impervious material on the site
during roadway and subdivision construction. Hydric soils are not present below the
fill material. To mitigate for the stormwater and wildlife habitat functions of the
existing resource area,the NACC requires the construction of three (3) rain gardens
totaling 5,730 s.f. of stormwater treatment area planted with native vegetation to
enhance wildlife habitat.
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
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commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "NACC#126."
39. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices, land clearing,foundation installation,
mitigation and all other work planned through final stabilization.
42. Prior to site disturbance, the applicant will construct a stone construction entrance
minimum 10-feet wide by 20-feet long with 2" stone or per detail proposed by the site
contractor and approved by the Conservation Department.
43. A row of staked hay bales backed by trenched siltation fence will be properly installed
and placed as shown on the plans approved and referenced herein and shall be
inspected and approved by the NACC or its agent prior to the start of construction
and shall remain intact until all disturbed areas have been permanently stabilized to
prevent erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example,installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC,they shall be installed within 48 hours of the Commission's
request.
44. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling ten(10) hay bales and sufficient stakes for staking these bales (or an
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equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project,provided that provisions, satisfactory to the NACC,have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
46. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
47. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
48. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
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assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
49. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts,subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors,subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
50. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of Conditions.
51. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
52. The applicants, owners,and their successors and assignees, shall maintain, in
perpetuity all rain gardens, infiltrators, and other elements of the drainage system, in
order to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the
integrity of vegetative cover on the site. Maintenance of the rain gardens will be
conducted as detailed on sheet 2 of the herein referenced Site Plan. The rain gardens
serve as mitigation for the filling of an IVW and will not be re-graded or otherwise
altered to affect their functionality as stormwater management structures. This
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condition shall survive this Order of Conditions and shall run with the title of the
property.
DURING CONSTRUCTION
53. Upon beginning work, the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report(see condition #47).
54. Dewatering activities are not proposed as part of the filing. If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the Commission
for approval,which provides for the pumped water to be contained in a settling basin,
to reduce turbidity prior to discharge into a resource area. Additional detail must be
provided and approved by the Conservation Department.
55. The temporary construction entrance will be maintained and refreshed as needed. If
material is tracked beyond the construction entrance onto the adjacent roadway, it will
be swept up daily.
56. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire,
lath, paper, cardboard, pipe, tires, ashes,refrigerators, motor vehicles or parts on any
of the foregoing.
57. All exposed soil finish grade surfaces shall be immediately landscaped (native
plantings per landscape plan) and stabilized, or loamed, seeded and mulched,with a
layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to
November 1St of each year. Outside of the growing season, exposed soil finish grade
surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for
seeding. During construction,any area of exposed soils that will be left idle for more
than 30 days shall be stabilized with a layer of mulch hay or other means approved by
the NACC.
58. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
59. Stockpiled materials shall be maintained within erosion controls.
60. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
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61. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
62. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
63. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day.
AFTER CONSTRUCTION
64. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%) and phosphorous free. Only organic pesticides and herbicides shall be
used in the watershed area. This condition shall survive this Order of Conditions and
shall run with the title of the property. This condition is issued under the authority of
the Town's Wetland Protection ByLaw and shall remain in perpetuity.
65. There shall be no dumping of leaves, grass clippings,brush, or other debris into the
rain gardens. This condition shall remain in perpetuity.
66. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
67. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
68. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
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e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
69. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ Stormwater Management System Maintenance (Condition#52)
➢ Discharge or spillage of pollutants (Condition#63);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#64);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#65).
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APPENDIX A-AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
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