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HomeMy WebLinkAboutWHITE, DAVID HI ._.- ._ a h�assac}�us�t7s=D rtrraeQt of,F.�' -' - ...�-. .••• , ., DEP File Number ,, Bure3u of Resource R LeCd, etJan ED JJ��- r ti �..q d������S PA i o � � + � fcr OEP use only J_ and North Andove MaSSachuSettS wetl�d�P�oteCtfdn Act M G.L. c. 131 40 � r Wetland Protection Bylaw. " A{�plicant lnforrnation Route 114 Sewer Installation s From: The Notice of Intent for this project was Fled on: NORTH ANDOVER" November 18, 1997 GuZsartionCcmrmsnn. ..... _ Oita For: The public hearing was closed on: 242-893. January 21, 1998 Praj�FikNwnCa^ Oue Q�1� To: t West Environmentali Inc.:; ride and Oate of final Plans and Other Oocuments: 40 0-ri 448 Stevens Hill Road . arr�ngAdd= Q I Q q Nottingham, N.H. 032 ,uI a i/9qTC1. r +npL)� Sane DpCada I1' • . urnpi�c�, .Sir.e.� o�►nd I�.�ler The project site is looted at: w-es4— NORTH.ANDOVER assess«s,waaPrui Par�ita�, and the property is recorded at the Recgtstr�ofQeeds ,0C Essex. in 10 ' 11Q2$ cmay rpt Czctnete(i/r�seret!ara) � , t_ Findings Furthermore,this Commission hereby finds that the project as Endings pursuant to the Massachtett,5 Wetlands proposed,is: Protection Au (check one of the following boxes) Following the review of the above tef�rered•Nottce of.lr�ent Approved subject to: - and based on the information prp+nded q this+ppltc ttort ani presented at the public hearing,thccmlm�tss�acl fitt the �! the following conditions which are necessary,in aordarce area in which work is proposed�A, �f� kwii 1 {` ,with the performance standards set forth in the wetlands interests of the Wetlands Pro ' ''al( I )t regulations,to protect those interests checked above. This , mission orders that`all the work shall be performed in 9 Com L Public Water Supply Vii' accordance wah the Notice of Intent referencedabove,the I Private Water Supply following General conditions,and any other special CX Groundwater Supply conditions attached to this Order.To the extent that the (X Flood Control ' following conditions modify or differ from the plans. C3Land Containing Shellfish specikatians,or other proposals submitted with the Notice Fisheries of Intent,these conditions shall control. CX Storm Oamaoe Prevention (g Prevention of Pollution Prcteaion of Wildlife Habitat Masa CiusatLs De�artl3 Alw of r t►uanm tat�rat�tiaa: =- 4�'Z— �3 Bureau of Resource Protecltor{4 e ds � PA Foyil Q �r _Con. = s s and-North Andave'f Wetland, MassachusettsWetlangs;Protef7ActNI.G.L.,c. 737,:§40'Frot'action Bylaw. UK17dings (cont) This Order is valid for three years,unless otherwise specified On this as a special condition pursuant toY Ganeral Conditions#4, 5th from the date of issuance. : .,. January 5, 2000 day of January Pyre — MMII - 2000 This Order must be signed by a q*ritTd the conservation commission.The Order must be mailed by certified mail Year (return receipt requested)or harm delivered nt.to the applicabefore me personally appeared A copy also must be mailed or hand deliver ss at the same. time to the appropriate regional ofiit o,the.Depot hent of Scott Masse Environmental Protection to me known to be the person described in and who executed Signatures: the foregoing instrument and acknowledged that helshe executed the same as his/her free act and deed, 0 V1. U � � 'UX/Pudic December 11, 2003 �Wyccmigr�sronesares 411 This Orderis issued to the applicant as follows: C] by hand delivery on ir Z111, OF ova - p by(NKaaed mail.M ; on me January 6, 2000 Gbte'- Appeals - The a licant,the owner,a o `a b 0 tier.' The request shall state-clearly and concisely the objections to ` appealed and how the Order does not any owner of land abutting .kkrrslrxet ac the`order which�s beingppe any ten residents ot:the city qf.1 1d is contribute to the protection of the interests identified in the located,are hereby notified of tr'rt�u kci re ,itis ;; MassachuseMR tts Wetlands Protection Act(M.G.L c.131,§40 appropriate Department of Ettvu'ortmerual.Pto ' ,'cin i'tegionaI and is inconsistent with the wetlands regulations (310 U Office to issue a Superseding Order gC Conditions.The request 10.00).To the extent that the Order is based on a municipal must be made by cerciried mart of hand dsliver*y to the `bylaw,and not on the Massachusetts Wetlands Protection Act Department,with the appropnato i;4ng des a d a completed or regulations.;the Department of Environmental Protection has Appendix E:Request for Oepartmental Aci ion fee Transmiaal no appe{late jurisdiction. Form,as provided in 310 CMR.16.0.i(7i`Within ten,b.lsiness days from the date of issuance of 0144'd.v A GCpy.9 the - ' request shall at the same time beiedaa #aand delivery to the ccnsariation commission and to he applicant, if he/she is not the appellant. �fa�c.9us2#is Oe gari- t of, vuanrrta/Protection _ men 6ureau of Rescurtw Pr6tectt4n We lant�s Witions ; and North Andover Wetlard Massachusetts wetla�dsProtectrarrActMLG.L, c. 137, Q protection Bylaw. "32 Recording lnforrnat�or� This Order of Conditions must be recorded in the Registrj of Deeds orthe Land Court for the district.i4 which.the land is located,within the chain of tide of ttte aff�czed pFopemjti�the case of recorded land.the Final order shall also,he noted in the- - Registrj's Grantor'Index under tttednlrf)eof•tt�e>4wnei'of the land subject to the order.In the pse of rigister d,land,'ihis. Order shall also be noted on the Land Cvuirt.Certlfit;ate.pf fide of the owner of the land subject to�the ptder•of ddi tditiions.i7 recording information shall be submitted to the GuaavaianCarmerssran r on the form below,which must be stamped by the Registry of Deeds. Oetach on dotted line and submit tcitheltdnservadian'Ammission. To: - t ionComaosion Coraarar 1 Please be advised,that the.Order of Conditions for the project ac Ao��Locdon , fJfOAdC has been recorded at the Registry of leds of _ - C=1 and has been noted in the chain of tale of the affectet P,�operty inak,• a in accordance with the Order ofCo�littgns Daex . If recorded land the instrument nunlberlylh'3dertUffeS;thls transaction is mar 4Umbe' Imatr if registered land,the document number which identifies:this Uansataion is �barrz�!lumae Form 5 J .^ DEP Fila No. l 242-893 (to de rXwKSM by UEV) Commonwealth C+ry,iown North Andover of Massachusetts j .• ? ��_y , aoohcanr Mesiti Development 1 Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §411 and under the Town of North Andover's Bylaw Chapter -178 From NORTH ANDOVER CONSERVATION COWNUSSION 1. David White To Mesiti Development 2. Moores Fall Corp. (Name of Applicant) (Name of property owner) 11 Old Boston Road 1. 58 Balmoral St, Andover, MA 01810 Tewksbury, MA 01876 2. 572 Main St #12 Melrose, MA 01276 Address Address This Order is issued and delivered as follows 17 by hand delivery to applicant or representative an (date) February 12, 199$ by certified mad, return receipt requested on (dale) This project is located at Route 114 Salem Turnpike The property is recorded at the Registry of Nnrrl,P rr1 r•SGnX _ Book PL #11028 Page Certificate•(if registered) The Notice of intent for this project was filed on November 18, 1997 (date) January 21, 1998 The public hearing was closed on (date) 'Findings The North Andover Conservation Commission has reviev-red the above-referenced notice of Intent and plans and has held a public hearing on (he project. Based an the information a"ailacle Ic [tie NACCat this time, the has determined that the area on which the procosed work is to be dcrie is significant tolhe foltowinc interests in occara"lnce v.ith the Presumptions of Significa hce g fo in the re ulanons for each Area Subject to Protection Under Ifie . 1�8 Recreation Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178�llrl Wildlife Pubii�,water supply Flood control ❑,/ Land containing shst� water supply Storm damage prevention td� Fisheries Private p 9 p Y Ground water supply Prevention of pollution Protection of wildlife habitat Total Filing Fee Submitted $250.00 State Share $112.50 City/Town Share $137.50 (!% !ee in r�x.cr.ss of :,?5) Total Refund Due S City(Town Portion S State Portion S — (1/z total) (Yz total) DEP FILE # 242 - 893 FINDINGS OF FACT I. Overview: The applicant filed a Notice of Intent with the North Andover Conservation Commission (NACC) on November 18, 1997, an initial public hearing was held within the 21 day time requirement(December 3, 1997) and was posted appropriately in the North Andover Citizen. As agreed upon by all parties this agenda item was then continued until the January 7th, 1998 public hearing and again to the January 21st, 1998 hearing. The wetland delineation depicted on the plan of record was approved in the field by the Conservation Administrator and accepted by the NACC. On behalf of the NACC, the Conservation Administrator performed a site inspection on two (2) occasions in order to sufficiently and adequately review the applicant's proposal. The public hearing was closed on January 21, 1998 (VOTE 4-0-0) and this decision was rendered and issued within the 21 day time requirement. II. Massachusetts Wetland Protection Act(310 CMR 10.00): The Act sets forth a public review and decision making process by which activities affecting Areas Subject to Protection are to be regulated in order to contribute to the following interests: ➢ Protection of public and private water supply ➢ Protection of ground water supply ➢ Flood control ➢ Storm damage prevention ➢ Prevention of pollution ➢ Protection of fisheries ➢ Protection of wildlife habitat The following inland resource areas are regulated in the Town of North Andover and are subject to protection under 310 CMR 10.00: ➢ Land Under Water ➢ Bank ➢ Riverfront Area ➢ Bordering Land Subject to Flooding ➢ Bordering Vegetated Wetland g ➢ Isolated Land Subject to Flooding CAWinword\000\242-893.doc 1 NACC 2/12/98 DEP FILE #242 - 893 III. North Andover Wetland ByLaw &Regulations (C.178 of the Code of North Andover): Areas subject to protection under the ByLaw differ from those protected under the Act in that additional areas are regulated. The additional areas subject to protection under the ByLaw include: ➢ The buffer zone; ➢ smaller ponds; vernal pools, ➢ and certain freshwater wetlands that may not meet the definition of a Bordering Vegetated Wetland under the Act. Furthermore, the following additional interests are recognized: ➢ Recreation ➢ Prevention of Erosion&Sedimentation A Wildlife. IV. Proposed Work: Scope: Through this Notice of Intent the applicant has proposed construction of a three (3) mile sewer force main and two (2) pumping stations along Route 114. The purpose of which is to provide municipal sewer to the anticipated 92 lot Forest View Subdivision (DEP#242-885). Work is limited to the Buffer Zone associated with a series of Bordering Vegetated Wetlands (BVW) parallel to Route 114. In addition, the sewer force main will cross over an existing culvert which conveys Boston Brook beneath Route 114. The sewer force main will again cross a second existing 48" culvert located near McLay's Florist which conveys runoff to a perennial stream known as Mosquito Brook. These above mentioned crossings are subject to the performance standards associated with the Riverfront Area. By issuance of this decision, the North Andover Conservation Commission (NACC) is in agreement that work specific to construction of the proposed sewer line in and of itself is not likely to adversely impact wetland resource areas within jurisdictional proximity. However, on or about January 7th of this year, the NACC was made aware of an overflow condition from the"west side sewer interceptor' which results in a direct, point source discharge of raw waste into a BVW tangent to the Shawsheen River at the terminus of Glenwood Street in North Andover. In response to these findings, and with the understanding that the sewer line proposal before the NACC contributes additional volumes to the above mentioned "west side sewer interceptor", the Commission requested the CAWinword\000242-891doc 2 NACC 2/12/98 DEP FILE #242 - 893 following additional information from the applicant during the public hearing process: 1. Under what storm event does the overflow condition arise from? 2. Where does the overflow occur? 3. What environmental conditions are likely to trigger such an event? 4. Quantify - Approximately, how many gallons of waste discharge into the Shawsheen River? 5. How long has this situation been known to occur? 6. What is the additional volume contributed by the 3-mile extension? 7. How does this added volume exacerbate the situation? 8. What has the Department of Public Works done to address the situation? 9. How much money is contributed by the developer through the"I/I program'? In response to these inquiries, a memorandum dated 1/16/98 was prepared by the applicants representative, Mr. Ken Bohlin of Camp Dresser& McKee, Inc. In this document Mr. Bohlin surmises that"the last overflow (at Glenwood Street) occurred during the 48 hour 200 year storm event of October 1996." To continue, "there will be no I/I(inflow and infiltration) contributed to the problem by the Forest View Estates project because pipes and manholes to be installed will be constructed with modern construction materials and will not leak over time ... when the project is completed the increased flow of all 92 houses will contribute an estimated 0.5% of the peak flow of 6.1 MGD which occurred in 10/96... By issuance of this decision it is the opinion of the NACC that the data submitted by the applicant's representative in the above mentioned 1/16/98 memorandum is flawed for the reasons set forth below: 1. The analysis �and subsequent assumptions associated with the volumetric calculations fail to take into account the many anticipated and known "tie-ins" specifically (cited in the CDM memorandum dated 1/16/98) to the 3-mile sewer line which are in addition to the 92 lots proposed for the Forest View Subdivision (DEP #242-885). As such, the estimated increased flow calculation through infiltration and inflow of 0.5% is not accurate and therefore not representative of the anticipated impact to the BVW and Riverfront Area associated with the Shawsheen River at Glenwood Street. The applicant has failed to demonstrate that the sewer line design proposed under this Notice of Intent will not exacerbate the current situation. 2. Referencing the October 1996 storm as a "48 hour 200 year storm event" and utilizing this assumed recurrence interval as a baseline in which to CAWinword\00C\242-893.doe 3 NACC 2/12/98 DEP FILE # 242 - 893 judge sewer overflows at the"west side sewer interceptor" is incorrect. Engineering data justifying such an assumption was not submitted to the Commission for review and therefore this statement remains inconclusive. A"Special Flood Report for October 20-24, 1996" prepared by the U.S. Geological Survey (USGS)and utilized in past decisions by the NACC indicates that select locations throughout the Shawsheen River were impacted by a 70-year storm event. Past permit applications reviewed by the NACC1 and each applicable Order of Conditions also reference a storm event in this range but not greater than a 100-year event. With this fact in mind, the applicant's representative is thus incorrect to imply that an overflow condition at Glenwood Street has a less than 1% chance of occurring in any given year under a 200-year storm event. Based on these findings the Commission disagrees with the applicant's assumptions and finds that there exists at least a 50% probability that an overflow condition occurs in any given year at the terminus of Glenwood Street. PERFORMANCE STANDARD No Significant Adverse Impact: The sewer design proposal and supporting calculations submitted to the NACC as part of the public hearing process are flawed; as a result additional volumes contributed from this 3-mile sewer line into the"west side sewer interceptor" will adversely impact the Bordering Vegetated Wetland and Riverfront Area tangent to the Shawsheen River at Glenwood Street. The ability of these resource areas to provide the following functions presumed significant under the Act and local ByLaw will be impaired: 1. Protection of public and private water supply 2. Protection of ground water supply 3. Flood control 4. Storm damage prevention 5. Prevention of pollution 6. Protection of fisheries 7. Protection of wildlife habitat 8. Recreation 9. Prevention of Erosion&Sedimentation 10. Wildlife. 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 above. To the extent that the ' (DEP#242-816&DEP#242-792) CAWinword\000\242-893.doc 4 NACC 2/12/98 DEP FILE #242 - 893 following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 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. 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, the North Andover Wetland ByLaw and Regulations, 310 CMR 10.00, 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. 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, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more 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 VIII (p.15) of the North Andover Wetland Regulations). 6. 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 is so warrant. 7. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation CAWinword\00C\242-893.doc 5 NACC 2/12/98 DEP FILE #242 - 893 Commission shall be a party to all agency proceedings and hearings before the Department. 8. 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 obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 9. 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. 10. The proposed work includes: Construction of a three(3)mile sewer force main and two (2)pumping stations along Route 114. The purpose of which is to provide municipal sewer to the anticipated 92 lot Forest View Subdivision(DEP#242-885). Work is limited to the Buffer Zone associated with a series of Bordering Vegetated Wetlands(BVW) parallel to Route 114. In addition,the sewer force main will cross over an existing culvert which conveys Boston Brook beneath Route 114. The sewer force main will again cross under an existing 48"culvert located near McLay's Florist which conveys runoff to a perennial stream known as Mosquito Brook. CAWinword\00C\242-893.doc 6 NACC 2/12/98 DEP FILE #242 - 893 11. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent 'le ft d by: MHF Design Consultants,Inc. DATED December 1997 Plans prepared by: Camp Dresser&McKee,Inc. Entitled"Route 114 Sewer Force Main&Pumping Stations" Sheets 1 through 23 DATED 12/2 P7 Correspondence prepared by: Camp Dresser&McKee,Inc. DATED 1/5/98 Camp Dresser&McKee,Inc. DATED 1/16/98 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and the Riverfront Area. These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 13. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 14. 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 where otherwise depicted on the plans approved and referenced herein. 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. (See Appendix 5 of the local Regulations). C:\Winword\OOC\242-893.doc 7 NACC 2/12/98 DEP FILE #242 - 893 15. 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. 16. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, 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. 17. 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 18. 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. 19. 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 CAWinword\00C\242-893.doe 8 NACC 2/12/98 DEP FILE #242 - 893 prior to 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. 20. Three (3) signs shall be displayed at one mile intervals adjacent to the project not less than two square feet or more than three square feet in size bearing the words "Massachusetts Department of Environmental Protection, File Number 242-893." 21. 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts.If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 22. 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. 23. Prior to any work on-site the applicant shall submit to the NACC for approval a sequencing plan for construction and erosion and sedimentation control with supporting plans and details as appropriate. 24.Wetland flagging shall be checked prior to start of construction and shall be re-established where missing 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 stakes or flags and shall be confirmed by the NACC. Such markers 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 an time. All flags used for the above purposes shall be of a color Y g different from other flagging used on the site. CAWinword\00C\242-893.dce 9 NACC 2/12/98 DEP FILE #242 - 893 25. 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 plans approved and referenced herein and shall be inspected and approved by the NACC 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. 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. 26. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of seventy five (75) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt 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. 27. A check payable to the Town of North Andover shall be provided in the amount of$10,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC,and shall be posted with the North Andover Town Treasure 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 provision, satisfactory to the NACC, has 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. 28. The applicant shall designate a professional Wetland Scientist 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. 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. CAWinword\00C\242-893.doc 10 NACC 2/12/98 DEP FILE # 242 - 893 Cleaning shall include removal of any entrapped silt. 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 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. 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. 29. The applicant shall submit to the NACC for review and subsequent approval a copy of the anticipated "Sewer Extension Permit" (314 CMR 7.00) from the Department of Environmental Protection. 30. The applicant shall be required to perform mitigation on the existing portion of the sewer system known as the"west side sewer interceptor" to the extent that such mitigation shall reduce the amount of inflow and infiltration to a quantity not less than 2x's the design flow of the pump station proposed under this Notice of Intent. Necessary work within the jurisdictional buffer zone defined under the Act and local ByLaw may require additional filings with the NACC. 31. The applicant shall submit to the NACC specific locations and methods of I/I mitigation measures specifically required by the NADPW in accordance with the I/I study prepared by the Town's sanitary sewer consultant. 32. The Method of and agreements to reach the above referenced mitigation shall be the responsibility of the applicant to reach with the Town of North Andover through the NACC, Department of Public Works and the Town Manager. 33. Evidence of the reduction in flow to the extent stipulated in Condition #32 above shall be provided by the applicant and/or his/her representative to the NACC for review and subsequent approval. Said evidence shall be based on a measure of flows comparing pre-, mid-, and post-inflow and infiltration rates. 34. 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 anon-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. CAWinword\00C\242-893.doc 11 NACC 2/12/98 DEP FILE # 242 - 893 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 permits 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). DURING CONSTRUCTION 3 35. Upon beginning work, the applicant shall submit written progress reports every month 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. 36. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 37. Approved de-watering activities anticipated throughout the 3-mile work area shall be supervised and witnessed by the designated erosion control monitor. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. 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. 38. 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. 39. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. C:\Winword\00C\242-893.doc 12 NACC 2/12/98 DEP FILE #242 - 893 40. 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. 41. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 42.Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 43. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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 suchspent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject toprotection under the Act or local ByLaw. 44. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 45. 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 46. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by looming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. CAWinword\000\242-893.doc 13 NACC 2/12/98 DEP FILE #242 - 893 47. 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. A letter from the applicant requesting a Certificate of Compliance. b. The name and address of the current landowner. c. The name and address of the individual/trust or corporation to whom the compliance is to be granted. d. The street address and assessor's map/parcel number for the project. e. The DEP file number. f. A written statement from a Registered Professional Civil Engineer 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. g. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer 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. ➢ "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 wetland under the local wetland bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems,sewer lines, additions, fences, sheds, stone walls, pools, retaining walls, and approved decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes ay disturbance of soils or vegetation. 48. 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 # 242-893. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within CAWinword\OOC\242-893.doc 14 NACC 2/12/98 DEP FILE #242 - 893 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. CAWinword\OOC\242-893.doc 15 NACC 2/12/98 S D.-E.,P. -#242- .. r 242-893 Issued By R ANDJV �'7. Conservation Commission Signatures) 14, ��- This Order must be signed by a majority of the Conservation Commission. On this 11th day of February 1998 before me personally appeared Joseph W. ync , Jr. , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done or any ten residents at the city or town in which such land is located are hereby notified of their right to request the Department of Environmental Cuality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMA 10.03(7),within ten days train the dale 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 the applicant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. in accordance with M.G.L. Chapter 249 S.4 RECORDING INFORMATION: Detach on dotted line and submit to the North Andover Conservation Comm_prior to commencement of work. ................................................................................................................................................................................................................... North Andover Conservation Commission, 120 Main St. , North Andover To ASIA a811orny Please be advised that the Order of Conditions for the project at File Number 242-893 has been recorded at the Registry of Deeds , Northern Essex and has been noted in the chain of title of the alfected property in accordance with General Condition 8 on --• 19— It recorded land, the instrument number which identifies this transaction is If registered land, the document number which identities this transaction is_ ------ --- -- — Signature Applicant 5-4A