HomeMy WebLinkAboutMiscellaneous - 120 HOLT ROAD a
Massachusetts Department of Environmental Protection Provided by MassDEP:
-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1583
WPA Form 5-Order of Conditions eDEP Transaction#:557574
1\ Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.E Amended OOC
3.Applicant Details
a.First Name WILLIAM b.Last Name THOMSON
c.Organization TBI,INC.
d.Mailing Address 120 HOLT ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name WILLIAM b.Last Name THOMSON
c.Organization TBI,INC.
d.Mailing Address 120 HOLT ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 120 HOLT ROAD
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 34 e.Parcel/Lot# 23
f.Latitude 42.72427N g.Longitude 71.11791W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 13152 107-119
7.Dates
a.Date NOI Filed: 2/12/2013 b.Date Public Hearing Closed: 4/10/2013 c.Date Of Issuance: 4/25/2013
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PROPOSED GREEN SEAL
GRADING PLAN ENVIRONMENTAL, GARY D.JAMES,P.E. 04/02/13 1"=30'
INC.
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1583 `
WPA Form 5 - Order of Conditions eDEP Transaction#:557574
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
l
Following the review of the 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.
Check all that apply:
a. F Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat
g. r Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.F 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.
Denied because;
b.r 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 interests of the Act,and a fmal Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r 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 interests of the
Act,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).
s
3.r- Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement i.
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
4::
5.r Bordering Vegetated Wetland t"
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
e.c/y dredged f.c/y dredged
7.r Bordering Land Subject to Flooding
. a:square feet b.square feet c.square feet d.square feet ''
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1583
WPA Form 5 -Order of Conditions eDEP Transaction#:557574
L� Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
i
Cubic Feet Flood Storage
e.cubic feet f cubic feet g.cubic feet h.cubic feet
8.f 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.r Riverfront Area 70 70
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 70 70 70 70
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r—Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.dy nourishment d.c/y nourishment
14.r—Coastal Dunes
a.square feet b.square feet c.dy nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
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i.0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1583
WPA Form 5 -Order of Conditions eDEP Transaction#:557574
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTH ANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.E Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
23.
I—Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. 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.
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 pennittee 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 exceed the issuance
date of the original Final Order of Conditions.
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.
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,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1583
IL
WPA Form 5-Order of Conditions eDEP Transaction#:557574
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or MassDEP"]
File Number:"242-1583"
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 Mass DEP.
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.
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 f
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) F is not(2)r subject to the Massachusetts Stormwater Standards.
If the work is subject to 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
Stonnwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 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:1.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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1583
WPA Form 5-Order of Conditions eDEP Transaction#:557574
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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.
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 19(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 Pollutant 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 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(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.
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:
SEE ATTACHED.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
L
Bureau of Resource Protection-Wetlands Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 MassDEP File#:242-1583 '.
WPA Form 5-Order of Conditions eDEP Transaction#:557574
City/Town:NORTH ANDOVER
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LkMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1583
WPA Form 5-Order of Conditions eDEP Transaction#:557574 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1• Is a municipal wetlands bylaw or ordinance applicable?F Yes r No
2. The Conservation Commission hereby(check one that applies):
a. r DENIES the proposed work which 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 or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
p y PROTECTION
BYLAW
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. f
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1583
WPA Form 5 - Order of Conditions eDEP Transaction#:557574
( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/Town:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 2 V49
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date f Qrigier
c
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 2.Number of Signers
a majority of the Conservation Commission.
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:
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r by hand delivery on �/by ce ified mail,return receipt requested,on
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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 for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Departments 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.
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L71 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands
MassDEP File#:242-1583 `
WPA Form 5 -Order of Conditions eDEP Transaction 4:557574
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
G. Recording Information
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:
120 HOLT ROAD 242-1583
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for
Property Owner WILLIAM THOMSON
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 Rev.4/1/2010
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DEP FILE #242 - 1583
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a vehicle access ramp from an adjacent
parcel (under same ownership) in the buffer zone to Bordering Vegetated Wetland
and Riverfront Area. The purpose of the ramp is for internal vehicle traffic and the
subject property will be used for vehicle and container storage. The proposal includes
stormwater management improvements, roof infiltration,resurfacing of the lot with
crushed asphalt, restoration of previously disturbed area and a permanent jersey
barrier between the lot and wetland areas. An Operation&Maintenance Plan is
included as part of the proposal.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Property Owner/Applicant: William Thompson
TBI, Inc.
210 Holt Road
North Andover, Massachusetts 01845
Notice of Intent/Stormwater
Report filed by: Gary James
Green Seal Environmental
114 State Road, Building B
Sagamore Beach, MA 02562
Dated: February 8,2013
Revised Project Description: Prepared by: Green Seal
Date: March 4, 2013
Site Plans prepared by: Green Seal Environmental, Inc.
Titled: Proposed Grading Plan (Sheet 1) and Details
(Sheet 2)
Date: 1/09/13
Last Revised: 4/02/13
Stamped by: Gary D. James, P.E.
242-1583,Holt Road 120 1 NACC 4/25/2013
DEP FILE#242 - 1583
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. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Riverfront
Area and Buffer Zone to Bordering Vegetated Wetland (BVW). 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.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area except as shown as shown on the
record plan referenced herein(waiver of the 50' No-Build Zone for construction of the
access ramp and retaining wall). The Conservation Administrator and/or other agents
of the NACC do not have the authority to waive these setbacks as established under
the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in
the No-Disturbance zone.
35. 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.
36. 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
242-1583,Holt Road 120 3 NACC 4/25/2013
9
DEP FILE#242 - 1583
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time
44. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands. The erosion control barrier will be properly
installed and placed as shown on the herein referenced plans. The erosion control 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.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling fifteen (15) hay bales and sufficient stakes for staking these bales (or an
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.
46. A check payable to the Town of North Andover shall be provided in the amount of
$5,000 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.
242-1583,Holt Road 120 5 NACC 4/25/2013
{
DEP FILE #242 - 1583
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
51. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the engineer/wetland scientist 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
52. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Policy and as
approved by the NACC in this Order of Conditions.
53.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.
54.Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
55. All stormwater best management practices shall be continually maintained as
specified in the Operation and Maintenance Plan and incorporated in the Order of
Conditions. The approved Operation& Maintenance Plan is fully binding upon the
applicant and/or owners, successors, agents, associations, heirs and assigns and must
be adhered to in perpetuity. Maintenance of the stormwater management system shall
242-1583,Holt Road 120 7 NACC 4/25/2013
DEP FILE#242 - 1583
62. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay 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.
63. 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.
64. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
3'
resource area.
65. 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.
66. 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.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area
AFTER CONSTRUCTION
69. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
242-1583,Holt Road 120 9 NACC 4/25/2013
DEP FILE#242 - 1583
➢ "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 any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
75. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
> 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under DEP# 242-1583. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition#49);
> Stormwater Management System Operations and Maintenance (Condition
#55);
➢ No Snow-Stockpiling/No-Salt signage (Condition#56); E'
> Discharge or spillage of pollutants (Condition#68);
➢ Prohibition of underground fuels (Condition#69);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#70)
> Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#71);
> The attached "Operations and Management Plan", including Best
Management Practices. No additional filings will be required to conduct
maintenance of the above referenced system and plan.
242-1583,Holt Road 120 11 NACC 4/25/2013
•
Thomson Brothers Industries
Operation and Maintenance Plan
January 2013 -
Operation and Maintenance Plan
Introduction The Thomson Brothers Industries (TBI) Operation and Maintenance Plan has
been established to identify the routine and annual maintenance requirements
for the proposed stormwater management system at 120 Holt Road, North
Andover.
Controls There are five elements in the proposed stormwater management system
incorporated to mitigate potential stormwater impacts.They are as follows:
• Catch basins
• Gas traps
• Oil/water sediment trap
• Water quality swale
• Sediment forebay
• Infiltration trench
Catch basins Catch basins on-site collect and transport stormwater runoff to a grit
separator. The catch basins are located at the base of the ramp and at the final
discharge point into the Holt Road system.
The catch basins should be inspected weekly to assess how much sand, dirt,
and particulate matter has built up within them. If there is excessive buildup,
the catch basin should be cleaned out prior to the next rain and/or snow event.
If Then
there is no significant buildup do not clean,and continue inspecting
. within the catch basins. each catch basin the following week
the catch basin has not been Clean out the collected materials
cleaned in the last six months
or if there is significant
buildup
Continued on next page
114 State Road,Building I3,Sagamore Beach.11A 02562
Phone:(508)888-6034 o Fax:(508)888-1506
\v-wNm.gseenv.com
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i
Thomson Brothers Industries
Operation and Maintenance Plan
January 2013 '
Operation and Maintenance Plan, Continued
Water quality A water quality swale is located in the front of the site and accepts run-off
swale from the gravel areas adjacent to Holt Road as well as some paved areas and
rood area to the west of the building. The swale is lined with grass and rock
that serve several functions which includes:
• Slowing the velocity of stormwater
• Collecting sediment
• Promoting infiltration of stormwater
• Promoting uptake of potential pollutants by the vegetation in the swale
and
• Mitigating soil erosion
F
If excessive sediment or erosion is observed around or within of the water
quality swale the facility manager should be notified so that corrective actions
can be implemented
Sediment A sediment forebay is located in the front of the site and accept stormwater
forebay run-off from the water quality swale. The forebay has been sized to store a
minimum of 0.1"of runoff from the site prior to discharge into catch basin
number 2. This basin serves a number of important functions as the final
settling point for discharge from the site into the Holt Road system which
includes
• Slowing the velocity of stormwater
• Collecting sediment
• Promoting infiltration of stormwater
• Mitigating soil erosion
At a minimum the forebay should be cleaned out every 6 months. It should
be inspected on a monthly basis and after every significant rainfall event. If
sediment depths exceed 6",the forebay should be cleaned out. ,
I
Continued on next page
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114 State Road,Building B,Sagarnore Beach,MA 02562
Phone:(508)888-6034 o Fax:(SOS)888-1506 .
mNA\.gseenv.com
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