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HomeMy WebLinkAboutMiscellaneous - 12 MASSACHUSETTS AVENUE Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 242-1521 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 prov tlad by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Joseph D. Peznola PE Hancock Associates computer,use only the tab key Name to move your 315 Elm Street cursor-do not Mailing Address use the return MA 01752 key. Marlborough State Zip Code Cdyrrovm 11110�m 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Global Companies LLC mw Name June 23 2011 242-1521 Dated DEP File Number 3. The project site is located at: 12 Massachusetts Avenue North Andover street Address Cityrrown Map parcel Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Omer(if different) Essex North 12540 29 County Back Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 4/9112 Date yygM1mW Esc rer 1L23C9 NPA V..6a,c.m..a C.,lonu.Pe,e t ma Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Fib Number: WPA Form 8B — Certificate of Compliance 242-1521 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 78 C. Authorization Issued by: �--, . North Andover 4!_S Conservation Commission Da of is ante This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See http�//www.mass.uov/der)/abouttmoion/findvour.htm Signatures: npahm�.Em•m.iRf330d WpA Farm BB,CertXlmle of Lompllaree•PBge3013 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 242-1521 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 pr'M1dby DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: .------- ------------- -.-.-.----- ------------- -.-.-.-----_---.-.-.-.-.__-----.-.-----_—--.-. North Andover Conservation Cwmission Please be advised that the Certificate of Compliance for the project at: 12 Massachusetts Avenue 242-1521 Rm)..t Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Global Companies LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Sgnature of Applicant MMhT9E.EOC•M1e 1Y1y90 WPq Form BB,CeenAwre of Com011ence page 3 0�3 Massachusetts Department of Environmental Protection Provided by Ma"DEP: Bureau of Resource Protection-Wetlands MassDEPFile#:212-1521 LO 395986 WPA Form 5-Older of Conditions eDEP Transaction#:ANDD City/1'own:NORTH ANI30VER Massachusetts Wetlands Protection Act M.G.L.C. 131,§40 A. General Information 1.Conservation Commission NORTH ANDOVER , 2.Issuance a n DOC b.E.i Amended OOC 3.Applicant:Details b.Last Name CHARBON a Fica Name STEVEN e Organimtion GLOBAL COMPANIES LLC d Mailing Address 404 WYMAN STREET e.CityNown WALTHAM issue, MA g.Zip Code 02451 4.Property Owner a First None STEVEN b.LastName CHARBON c,Organization GLOBAL COMPANIES LLC d MeilingAddrss 404 WYMAN STREET e.Cityfrown WALTHAM Estate MA g.Zip Code 02451 5.Project Location a-Strat Address 12 MASSACHUSETTS AVENUE bCity'Town NORTHANDOVER c.Zip Code 01845 d.Assessors Map/Plat#MAP 2 c.Psoctlotg LOT3 ELatiNde ON &Longtuds ow 6.Property recorded at the Registry ofpeed for: a County b.Cerdikrte c.Book d.Page NORTHERN ESSEX 12177 199 7.Dates a Date NOI Filed:5252011 b.Date Public Hearing Closed:6/222011 c.Date OFLssuauce:6/23/2011 8,FinalApproved Plans and:Other Documents a.Plan Title: - b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Find Date: e.Scale: PERMITSITE PLAN HANCOCK JOSEPH D.PEZNOLAP.E. 06222011 1'�l0 FOR NOTICE OF INTENTASSOCIATES B.Findings 1.Findingspuranmt to the Massachusetts Wetlands Protection Act - Page 1 of 10'ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEPFRe#:242-1521 WPA Form 5-Order of Conditions eDEP Tr mssdma#:395956 Massachusetts Wetlands Protection Act M.G.L.C. 131,§40 CQryfrown:NORTHANDOVER Following the review of the the above-rdanancol Notice of Intent and based an the information provided in this application and presented at the public hearing this Commission finds that the mem in which wok is proposed is significant to the following interests of the Wetlands Freedom Act. Check all that apply: a r Public Water Supply b. r Land Containing Shellfish err Premcamn ofPollutiar d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g, r Ground Water Supply h. r StorunDarnage Prevention L r Flood Control 2.Canndssion hereby fords the project,as proposed,is: Approved subject o: a r The fallowing conditions which are necessary to 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 moultedto this Order.To the extent that the following conditions modify or differ fmmthepWis,specifications,or otherpropomis submitted with theNotice ofhtenl,these conditions shell mntrol. 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 undeas and until a new Notice of brad is submitted which provides measures which are adequate to protea interests of the Act,and afinai Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r-Theinfatuation submitted by the applicant is not sufficicmtodescribe the site,the work or the effect of the work on the interests identified in the Wetlands protection Aa.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 ofthe Ad,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.r Buffer Zone hnpacts:Shodeadistance between Emit ofpmjmt disturbance and the wetland resource 13 arcaspeci5edin310CMR10.02(l)(a). aEnearfset - Inland Resource Area Impacts:(ForApprovals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4, rBar& a linearfed b.lirnear feet c.ikrarfeet d.Wmeerfact 5.r Bordering Vegetated Wetland a square feet b.square feet c.square fed d.square fact 6. r Lard under Waterbodies and Waterways a square fed b.square fad c.square feet d.square feet e.c/y dredged f dy dredged 7.r Bordering land Subject to Flooding a square feet b.square feet c.square fed d.squaw feet Page 2 of 10"ELECTRONIC COPY 0 Massachusetts Department of Environmental Protection Provided by MawDEP: Bureau normResource Order tion-Wetlands MassDEP File ion#:31521 WPA Form 5-Order of Conditions ��Transaction p:395986 Massachusetts Wetlands Protection Act M.G.L.c. 131,$40 Cay/fown:NORTHANDOVER Indicate sift raider Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,andror Wand Land Under Watabodiea and Waterways, above c.cly dredged d.cly dredged 21.r 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 wedand resource area in addition to the square footage that has been entered in Section B.5.c&d orRI7.c&d above,please entered the additional amount here. a square fat ofBVW b.square leg of Salt Marsh 23. T-Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a numherofnewstream crossings b.numberofreplacemeM Salam crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions nre only applicable to Approved projects 1. Failmeto comply with all conditions gatedherein,and with all related stawtes 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 actammrivcs any injury to private property or invasion of private rights 3. This Order does not relieve the Pennines or my other person of the necessity,of complying with all other applicable federal, state,or local stables,ordinances,bylaws,or regulations. 4. The work audwri wd hereunder shall be completed witlrin flues years from the date of this Order uum 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 0uee years,but less than five years,from the date of issuance.If this Order is intended to be valid for am than three years,the extension date and the special circumstances w nnmtmg the wended 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 ofupto0vee years each upon application to the issuing authority m least 30 days pnorto the expiration date of the Order. 6. If Us Order constitutes an Amended Order of Conditions,this Amended Order ofConditions does not exccedthe issuance date ofthe original Final Order of Conditions. 7. Any fill used in cons"on with this project shall be clean fill.Any fill shall contain no rush refuse,rubbish,or debris,including but not limited m lumber,bricks,plaster,wire,Jath,paper,cardboard,pipe,tires,ashes,refrigemtors,motor vehicles,or parts of anyofdreforegoing. 8. This Order is not final until all administrative appeal periodsfrom this Order have elapsed,or if such an appeal has been taken, until all proceedings hot.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 Lmd Court for the district in which ire land is located,within the chain of title of the affected property.In the case of recorded land, Page 4 of 10•ELECTRONIC COPY LOMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEPFile#242-1521 WPA Form 5-Order of Conditions eDEPTransaction#:395986 Massachusetts Wetlands Protection Act M.G.L.a. 131,§40 pryA'ownoNORTH ANDOVER Standard 10;iv,all post-conswction stormwaterBMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensue that they are not damaged and the they are in properwoddng condition;v.any vegetation associated with post-conshuction BMPs is suitably established to withered erosion c) The landowner leresponsible Jim BW tmfil the issuing authority is notified the anodus parry has legally assumed responsibility for BMP maintenance.Prim to requesting aCefificam of Compliance,or Partial Certificate of Compliance,the responsible party(defined in Genal Condition 19(e))shall ceeome and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Stamneel)for the SturrnwmerBMPS identifying the party responsible for implementing the stormwaterBMPOperation and Maintenance Plan("O&M Plan")and om*ingthe following:i.)the O&M Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and ii.)the home responsible parties shall be notified in writing of(heir ongoing legal responsibility to operate and maintain the smnnwmer management BMPs and implement the Stunnwater Pollution Prevention Plan d) Post-consoction pollution prevention and source control shall be implemented in accordance with the long-tam pollution prevention plan section ofthe approved Stormwater Report and,ifapp]icable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit e) Unless and unfiI another party accepts responsibility,the landowner,orowaerofmy drainage easement,assumes responsibility for maintaining each BMP.To overcome do presumption,the landownerofthe property must submit to the issuing authority.legally binding agreement ofrecord,acceptable to the issuing authority,evidencing the another teary be 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(t)through 19(k)with respect to the BMP shall be a violation of the Order of Conditions or Certificate ofCompllance.In the case ofstmmweerBMPs that are starring more than one lot,the legally bind'mg agreement shall also identify the lout tlart will be serviced by the strummer BMPs Aplan and easement deed doguests the responsible party access to perform the required operation and maimmance must be sulanewd along with the legally binding agreement E The responsible party shall operme and maintain all stonnwater BMPs in accordance with the design plans,the O&M Plan, and the requvements of the Massachusetts StormweerHandbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the lan dame(3)consecutive cal endmyears;of inspections,repairs, maintenance and/au replacement of the storrnwaner management system many patthereof,and disposal(for disposal the log shall indicate the type of material and de disposal locution); 2.Maim the maintenance log available m MacsDEP and the Conservation Commission("Commission')upon reques5 and 3.Allow members and agents oftheMassDEP and the Commission to enter and inspect the site to evaluate and ensure than the responsible parry is in compliance with the requirements her each BMP established in the O&M Plan approved by theissaingaudrorm, h) All sediment or other comonmants removed from stormwaterBMPs shall be disposed of in accordance with all applicable federal,store,and local laws and regulations. 0 Illicit discharges to the stortnwater management system as defined in 310 CMR 10.04 are prohibited. j) Thesrormwater management system approved in the Order of Conditions shall not be changed without the prior writer approve ofthe issuing authority. k) Areas dskgnaned as qualifying pervious ansa for the purpose ofthe Low Impact Site Design Credit has defined in the MassDEP Stmrnwarnr Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall ran be altered without the prior written approval ofthe issuing authority. 4 Access for mentenance,repa'v,and/or replacement ofBMPs shall not be withheld Any fencmgconstructed=and smnn eller BMPs shall include access gees and shall be m least s&inches above grade M allow forwildblic passage. Special Conditions: SEEATTACHED. Page 6 of 10•ELECTRONIC COPY 0 Massachusetts Department of Environmental Protection Prodded by M=DEP: Bureau of ResourceProtection-Wetlands MassDEP FileN:242-1521 WPA Form 5-Order of Conditions eDEP TmraactionN:3959s6 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C)ty/1bwn:NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The Conservation C berehy(check one that plies). - a F DEMES the proposed work which cannot be conditioned meetihe standards sec forth inamunicipal indinunce or bylaw qty: 1.Municipal Ordinance orBylaw 2.Citation Therefore,work on this project may not go forward udess and until a revised Notice of lnrcnt is submitted which provides mcasweawhich are adcgmw to meet Nese standards,and a fund Order or Conditions is issued Which are necessary m co nply with a municipal ord'marceorbylaw: b. r APPROVES the proposed work sobject0 thefollowing additional candidate. 1.Municipal Ordinance a Bylaw TOWN OF NORTH 2.Citation CHAPTER 178 3. TheCommission orders dig all work shall be performed in axadance,withthe following auditions and with theNutice of Inter referenced above.To theedent hintthefollowing condition¢modify or diffvfrom theplans,specificatiaa,mother proposals submitted with the Notm of lntag the wnftars shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEEATTACIIED. Page 8 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MasaDEP File#242-1521 WPA Form 5-Order of Conditions cDEP Transaction#:395986 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Clty/fown:NORTH ANDOVER E. Signatures This Order is valid for does years from the date of issuance,unless otherwise specified parsoam in General Condit=#4.If this is an Amended Order of Conditions,the Amended 1.Dateo Ongival Order Order expires on the same date as the original Order of Conditions. Please indicate the number ofinembers who will sign this form.This Order most be signed by a majority of the Conservation Commission. 2.Number of Signers The Order most be mailed by cerofied mail(rearm receipt requested)or hand delivered to the applicant.A copy also most be[nailed or hand delivered in the same time to the appropriate Department ofEnvironmental Protection Regional Office,if not filing electronically,and the property owner,ifdifierent from applicant Signatures: i r by hand delivery on y certified mail,return receipt requested,on Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,my owner of land abutting the land subject to this Order,or any ten residents of the city mtown 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 Faro,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy tthe request shall at the same time W sent by certified mail or hand delivery to the Consavatiai Comnissim and re the applicant,if he/she is not the appellant Any appellants seeking in appeal the Deparhnenfs Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project Previous participation m the permit proceeding meansthe submission ofwritten udomationto the Conservation Commission prim to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of 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 exterd that the Order is based on a municipal ordinance or bylaw, and rot an the Massachusetts Wetlands ProteWon Act nregulations,the Department has no appellatejurisdiction. Page 9 of 10•ELECTRONIC COPY 0 Massachusetts Department of Environmental Protection Provided M M—DEP: Bureau norm 5-ce proteOrder [ion-Conditions Wetlands MessDEa File ion N:3 521 WPA Form 5-Order of Conditions eDEP Transaction q:3959g5 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CStyfFown: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 drain of Me of the afmcd property.In the case ofrecorded 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.N the case of registered land,this Order shall also be noted on the Land Court Certificate of Tale ofthe owner of the land subject to the Order of Conditions.The recording infamadon on this page shall be submioed0 the Conservation Commission listod below. NORTHANDOVER Conservation Commission Detach on dotted line,have stampds ed by the Registry of Deeand submit to the Conservation Canmission. .......................................................................................................................................................................................................... To NORTH ANDOVER Conwsvffiion Caomission Please be advised that the Order of Conditions for the Project at: 12 MASSACHUSETTS AVENUE 242-1521 Project Location MassDEPTHeNumber Has been recorded at the Registry of Deeds of: Coady Bock Page far. PropertyOwner SfEVENCHARRON andlaw been noted in the chain oftide ofthe afeded property in: Book Page hi accordance withthe Oida.fCondidore issued ort Date f recorder)lad,the mshrmem number identifying this tmnsction oc LasWmentNumber fregisteredland,thedocummtnumberidm fymgthist.sacdonis: Document Number SignnWe of Applicant u..a�rzoio Page 10 of 10 ELECTRONIC COPY DEP FILE#242-1521 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 onditions 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: Replacement of underground fuel storage tanks,gasoline dispensers and concrete pads over the tanks and for the refueling area. Stormwater management improvements are also proposed including installation of a roof drain infiltration system(drywell and trench)for the existing building and canopy,an oil/gas sediment trap with emergency spill containment capability and emergency shut-off. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Joseph D. Peznola, P.E. Hancock Associates 315 Elm Street Marlborough, MA 01752 Site Plans prepared by: Hancock Associates Title: Permit Site Plan for Notice of Intent Date: 5/20/11 Last Revised:5/31/11 Stamped by: Joseph D. Peznola, P.E. Other Plans: Detail Sheets Title: Dry Well &Infiltration Trench(2 sheets) Date: 8-8-11 Other Record Documents: Long Term Stormwater Operation&Maintenance Plan 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. C:\Winword\OOC\boilerl.doc 1 NACC 6/232011 DEP FILE#242-1521 32.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). 33.The following wetland resource areas are affected by the proposed work: Buffer Zone to Bank and Riverfront Area. 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. 34.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 35.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(50'1 No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No- Disturbance zone. 36.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. 37.The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. Maintenance of the drainage system,if accepted by the Town as part of a public way,becomes the responsibility of the Town. PRIOR TO CONSTRUCTION 38. 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. C:\Winword\OOClboile Ldoc 3 NACC 6/232011 DEP FILE#242-1521 45.Straw wattles 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 plans approved and referenced herein and shall he 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. Silt sacks shall be placed in all catch basins to prevent erosion into the stormwater system. 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 Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of 10 hay bales and sufficient stakes for staking these bales or equivalent length of straw wattle. Said bales/wattles shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of$5,000 ($2,000 tank work,$2,000 stormwater work,$1,000 refueling/canopy area) 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. 48.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 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. CAWinword\000boilerl.doc 5 NACC 6@312011 DEP FILE#242-1521 STORMWATER MANAGEMENT CONDITIONS 53. All construction and post-construction stormwater management systems shall be constructed in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent, this Order of Conditions, and the approved Long Term Operation and Maintenance Plan attached herein. 54. The stormceptor shall contain an oil/gasoline trap and emergency spill containment capability. This shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline trap and spill containment be maintained. All stormwater structures shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 55. All stormwater best management practices shall be maintained as specified in the Long Term Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved Long Term Operation and Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations,heirs and assigns and must be adhered to in perpetuity. 56. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying that the drainage system is working as designed and shall include any maintenance invoices for cleaning and repairs. The first report shall be submitted to the NACC as soon as the first stormwater structure goes on-line and reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 57.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. 58.Water quality down gradient of BV W 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. 59. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures,in accordance with the approved Long Term Operation and Maintenance Plan attached herein and the associated stormwater management conditions mandated herein. 60.The applicants, owners, and their successors and assignees,shall maintain all culverts, collections basins, traps, outlet structures,subsurface storage areas,and other elements of C\Winword\00C\boi1er1.doc 7 NACC 6/23/1011 DEP FILE 9 242-1521 directed by the site ISP. All soils shall be stockpiled in the location shown on the approved plan referenced herein. 68.Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area 69.'Washings from concrete trucks,or surplus concrete,shall not be directed to,any drainage system, or wetland resource area. If concrete truck washing is required an area for this activity shall be designated and approved by the Conservation Department. 70.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. 71. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 72. 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 73. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 74. No road salt,sodium chloride, or other de-icing chemicals shall be used on paved surfaces,and any arrangement for snow removal shall so stipulate due to the importance - of the site and wetlands. Permanent signs (two of each) designating"No-Salt Zone' and "No-Snow Stockpiling Zones" shall be displayed on the fence located between the Shawsheen River and the developed portion of the site. CAWinrordM00Cboi1cr1.doc 9 NACC 6123/2011 DEP FILE#242-1521 ➢ Location of all subsurface utilities entering the property. 78. 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# 242-1521. Future work within 100' of existing wetland resource areas or in the 200' Riverfront Area will require a separate filing with the NACC 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#50); ➢ Maintenance of catch basins (Condition#54) ➢ Long Term Stormwater Operation&Maintenance Plan (attached)(Condition#55); ➢ Discharge or spillage of pollutants(Condition# 72); D Limitations on the use of fertilizers,herbicides,road salts, de-icing compounds and pesticides(Conditions#73&74). CdWinword\OOC\boiIcrl.doc I1 NACC 6,232011 LONG TERM STORMWATER OPERATION &MAINTENANCE PLAN Stormwater management system owner: Global Companies LLC The party or parties responsible for operation and maintenance: Global Companies, LLC The owner of the system shall be the landowner of the property. The Order of Conditions and Certificate of Compliance should be written to allow for routine maintenance during construction and post-development phases of the project as defined in the O&M Plan.A continuing condition in the Certificate of Compliance will ensure that maintenance can be performed without triggering further filings under the Wetlands Protection Act. Construction Phase Operation and Maintenance 1. Temporary erosion control measures will be inspected daily and repaired and or replaced as necessary.As catch basins are made able to accept storrnwater runoff a silt sack®shall be installed. 2. Catch basins will be inspected weekly and cleaned as necessary. Silt Sacks® shall be removed,cleaned and replaced as necessary. 3. Paved areas will be swept as needed and accumulations of sand/silt due to construction activities shall be removed as soon as the activity is terminated. 4. Off/Gas Sediment Separator(once installed)shall be inspected weekly and just after a significant min event and maintained as described in the Final Site Operation and Maintenance Plan. 5. The owner shall keep a log of operations during the construction phase. This log will be used in further defining the Final Site Operation and Maintenance Plan. Street Sweeping Street sweeping efforts shall be performed twice annually once during the late spring,the period immediately following winter snowmelt,when road sand and other accumulated sediment,and once in early fall seasons. Stormceptor Unit (Information gathered at Stormceptor.com) Maintenance Procedures General StormceptorO should be inspected and maintained regularly. Stormceptor®units should be inspected every six months and cleaned when the sediment level reaches 15%of total storage volume.Refer to Stormceptor®Procedures for details. If regular inspections are not conducted,StormceptorO units should be cleaned once a year. Stormceptoa units should also be inspected following a spill event.All oil captured by the Stormceptor® should be removed.Inspection and maintainence should be part of the Standard Operating Procedure. Safety Do not enter the Stormceptora treatment chamber unless properly trained, equipped and qualified to enter a confined space as identified by local Occupational Safety and Health Regulations. Watch for and avoid contact with overhead power lines when inspecting the unit with long sampling devices(e.g. Sludge Judge®) Stormceptoro is designed so inspection of the unit can be preformed from grade(i.e. inspect for obstructions,etc.) Qualified personal may enter the upper by-pass chamber and use the insert as a platform to remove obstructions, sewer flushes, or camera surveys. Be aware that the insert may be slippery. Be aware that some units do not have a safety grate over the outlet riser pipe. Procedure Maintenance is performed using a vacuum truck A catch basin vacuum truck is not recommended for maintenance.Remove cover from unit from grade,lower hose through by-pass chamber and into treatment chamber.Vacuum trucks are able to remove material from a maximum distance of 32 feet below grade;additional charges may apply if installation is deeper. Roof Drain Infiltration Areas The infiltration drywell and trench shall be inspected after every major storm in the first few months after construction to ensure proper stabilization and function. Thereafter,the system shall be inspected once per year. Water depth in the observation ports should be measured at 0,24 and 48-hour intervals after a storm. Clearance rates are calculated by dividing the drop in water level(inches)by the elapsed time(hr). The clearance rates shall be logged and compared from year to year. The system should fully drain within 72 hours of the storm.