HomeMy WebLinkAboutTHIBODEAU, BRUCE x Y
Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
A. General Information
Important: North Andover
When filling out 1. From: Conservation Commission
forms on the
computer, use 2. This issuance is for
only the tab key (check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
to move your
cursor-do not 3. To: Applicant:
use the return
key. Bruce Thibodeau, P. E.
a.First Name b.Last Name
Q Town of North Andover Division of Public Works
c.Organization
384 Osgood Street
'e/01 d.Mailing Address
North Andover MA 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b. Last Name
Town of North Andover
c.Organization
120 Main Street
d. Mailing Address
North Andover MA 01845
e.City/Town f.State g.Zip Code
5. Project Location:
Waverly Road (Sewer Project) North Andover
a. Street Address b.City/Town
N/A N/A
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude,if known: e.Latitude f. Longitude
s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate Number(if registered land)
N/A N/A
c.Book d.Page
7. Dates: 7/8/09 8/26/09 9/14/09
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Sewer Upgrade Project, Waverly Road; Greene Street to Route 114
Sheets G100, C100-C114, C200-201 and TMP.
Woodard &Curran David T. Daltorio, P. E.
b. Prepared By c.Signed and Stamped by
August 2009 V =20'
d.Final Revision Date e.Scale
Dewatering Discharge Disposal Detail 9/9/09
f.Additional Plan or Document Title g.Date
wpaform&doc• rev.11/O8
Page 1 of 11
Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MassDEP File Number
i
WPA Form 5 — Order of Conditions Document TransactionNumbei
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing,this Commission finds that the areas in which.
work is proposed is significant to the following interests of the Wetlands Protection Act(the Act).
Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above,the following General Conditions, and any
other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control.
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not.go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect the interests of the Act,
and a final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Acta Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued A descriptionofthe specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 12
Bank or Bordering Vegetated Wetland boundary (if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.Gy dredged f.c/y dredged
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Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MassDEP File Number
i
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. El Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft square feet h.square feet i.square feet
9� q q q j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
a c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt.
15. ❑ Coastal Banks
a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.Gy dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to Coastal
li
Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.11/08 Page 3 of 11
LlMassachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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 permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. 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.
7. 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.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to the ConservationCommission 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.
9. 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 242-1458 "
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ILI( Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection
Act M.G.L. c. 131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditionsreferencedin this order.
13. Any change to the plans identified in Condition#12 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.
14, 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.
15. 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.
16. 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.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
18. The work associated with this Order(the"Project") is(1)Z is not(2)❑ subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion,sedimentation and pollution control measures
and best management practices (BMPs) shall remain in place until the site is fully stabilized.
wpaform5.doc• rev.11108 - Page 5 of 11
Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MasSoEP File Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and
until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as-built final construction BMP plans are included,signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per the
requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all
planting plans) approved by the issuing authority, and have been inspected to ensure that they are not
damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that
another party has legally assumed responsibility for BMP maintenance. Prior to requesting a
Certificate of Compliance, or Partial Certificate of Compliance,the responsible party(defined in
General Condition 18(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and
certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the
Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance
with the long-term pollution prevention plan section of the approved Stormwater Report and, if
applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge
Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpafcrm5.doc- rev.91/08 Page 6 of 11
Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal(for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is in compliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits) shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1. Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward Unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final
Order of Conditions is issued.
wpaform5.doc• rev.11/08 Page 7 of 11
Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance p y d Hance (cont.)
b. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2.Citation
s. The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):
See Attached
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DEP FILE #242 - 1458
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
submitted with the Notice of Intent
proposals , the conditions shall control.
GENERAL CONDITIONS
19. The proposed work includes: replacement of approximately 4,800 linear feet of gravity
sewer with a new 30" diameter gravity sewer interceptor on Waverly Road between the
intersection of Route 114 and Greene Street. Work is proposed within buffer zone to
Bordering Vegetated Wetland(BVW), Inland Bank,Land Under Waterbodies and
Waterways (LUWW) and Isolated Vegetated Wetland (Bylaw Resource Area). New side
walk, granite curbing, stormwater improvements and associated site work are also
included.
20. The work shall conform to the following:
Notice of Intent: Waverly Road Sewer Upgrade Project
my 2009 -
Prepared for: Town of North Andover
Sewer Department
384 Osgood Street
North Andover,MA 01845
Prepared by: Woodard &Curran
980 Washington Street,Suite 325
Wilmington, MA 01887
Site Plans prepared by: David T. Daltorio,Woodard &Curran
95 Cedar Street,Suite 100,Providence, RI 02909
Titled:Sewer Upgrade Project, Waverly Road (Greene St. to
Rt.114)
Date: August 2009
Sheets: G100, C100-C114, C200-201 and TMP
Other Record Documents: Dewatering Discharge Disposal Detail
Received: September 9, 2009
21. 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
242-1458 Waverly Road Sewer Upgrade.doc 1 NACC 9/14/2009
DEP FILE#242 - 1458
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.
22. 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.
23. 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.
24. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00),the North Andover Wetland ByLaw and Regulations,and may
require any information, measurements, photographs,observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
25. 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.
26. The work authorized hereunder shall be completed within three years from the date of
this order.
27. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thir
days (30) prior to the expiration date of the Order (Refer to Section VIII (B)(p.33) of the
North Andover Wetland Regulations).
28. 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.
29. Where the Department nt of
Environmental Protection (DEP) is requestednestedto mak
e a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
30. The following wetland resource areas are affected by the proposed work:Buffer Zone to
Bordering Vegetated Wetland (BVW), Land Under Waterbodies and Waterways
242-1458 Waverly Road Sewer Upgrade.doc 2 NACC 9/9/2009
DEP FILE #242 - 1458
(LUWW), Inland Bank and Isolated Vegetated Wetland. 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.
31. The NACC agrees with the applicant's delineation of the wetland resource areas: Areas A,
B, C and an unnamed series to the north of Area C.
32. 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 twe=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 except as follows: Waiver of the 25-foot No-Disturbance Zone and 50-
foot No-Build Zone for disturbance within the sewer easement and roadway layout. 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 except as noted herein.
(See Section III(D) &Appendix G of the local Regulations).
33. No disturbance of Wetland Resource Areas is approved.
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding,storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed,until all proceedings before the Department
or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all
appeal periods.
No work shall be undertaken until the Final Order
P pP
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
242-1458 Waverly Road Sewer Upgrade.doc 3 NACC 9/9/2009
DEP FILE #242 - 1458
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at the
applicant's expense.
38. A sign shall be displayed at the sites not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP, File Number 242-1458.
39. Any changes in the submitted plans caused by the applicant,another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant,the NACC will
call for another public hearing (at the expense of the applicant).Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC
40. It is the responsibility of the applicant,owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed sequence of construction,including the construction of compensation
and retention areas, installation of sedimentation/erosion control devices and re-
vegetation to be completed before other work begins on-site.
42. 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.
43. A row of staked hay bales backed by trenched siltation fence and other erosion controls
detailed in the Notice of Intent shall be placed between all construction areas and
wetlands. The erosion control barriers will be properly installed and placed as shown on
thelans approved and referenced herein and shall be inspected and approved P PP p pp ed by the
NACC or its agent prior to the start of construction and shall remain intact until all
242-1458 Waverly Road Sewer Upgrade.doe 4 NACC 9/9/2009
DEP FILE #242 - 1458
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 Commissions request.
44. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 20 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.
45. A check payable to the Town of North Andover shall be provided in the amount of$3,000
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the
NACC, and shall be posted with the North Andover Town Treasurer through the NACC
before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project,provided
that provisions, satisfactory to the NACC,have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local ByLaw.
46. The applicant shall designate a Wetland Scientist (or other environmental professional as
approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any
emergency placement of controls and regular inspection or replacement of sedimentation
control devices. The name and phone number of the erosion control monitor must be
provided to the NACC in the event that this person has to be contacted, due to an
emergency at the site, during any 24-hour period, including weekends. This person shall
be given the authority to stop construction for erosion control purposes and will
immediately notify the Conservation agent of any matter that requires attention by the
Commission or the agent. The erosion control monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products. Cleaning shall
include removal of any entrapped silt. 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 and that approved setbacks are being adhered to. The erosion control monitor
must visually inspect all sedimentation/erosion control measures and assume
responsibility for their maintenance on a weekly basis and that they are functioning as
242-1458 Waverly Road Sewer Upgrade.doc 5 NACC 9/9/2009
DEP FILE #242 - 1458
intended. In addition, all wetland resource areas must be visually inspected for siltation,
turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on
site during and/or following a major storm event of.1/2" inch of rain or greater (24 hour
event) to ensure that soils remain stable, and erosion controls are adequate and secure.
47. Prior to construction, the applicant shall permanently mark the edge of the"25' No-
Disturbance Zone" with signs or markers spaced evenly every 25 feet incorporating the
following text: "Protected Wetland Resource Area". This will designate their sensitivity
and assure no further inadvertent encroachment into the wetland. These permanent
markers are subject to review and approval by the NACC. The applicant shall instruct all
agents to explain these markers to buyers/lessees/landscapers and all persons taking
over the property from the applicant. These markers shall remain posted and be replaced
as necessary in perpetuity.
48. 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).
11STORMWATER MANAGEMENT CONDITIONS
49. 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.
50. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre-development coni
tions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
51. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collection basins, traps, outlet structures subsurface storage areas and other elements in
p g
the drainage system in order to avoid blockages and siltation which might cause failure in
the system and/or detrimental impacts to on-site or off-site resource areas, and shall
maintain the integrity of vegetative cover on the site
242-1458 Waverly Road Sewer Upgrade.doc 6 NACC 9/9/2009
DEP FILE #242 - 1458
DURING CONSTRUCTION
52. Upon beginning work, the applicant shall submit written progress reports every week
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.
53. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. De-watering activities shall be conducted as detailed
in the Dewatering Discharge Disposal Detail 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.
54. 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.
55. No exposed area shall remain unfinished for more than thirty (30) days, unless approved
by the NACC.
56. 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.
57. There shall be no stockpiling of soil or other materials beyond the limit of work
established by the erosion control line. No materials shall be stockpiled overnight within
100-feet of a resource area.
58. Washings from concrete trucks, or surplus concrete, shall not be directed to,any drainage
system, or wetland resource area.No truck washing shall occur within 100' of any
resource area.
59. 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.
242-1458 Waverly Road Sewer Upgrade.doc 7 NACC 9/9/2009
DEP FILE#242 - 1458
60. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
61. 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
I J
62. 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.
63. 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.
64. The Post Construction Drainage System Operation and Maintenance Plan shall be fully
binding upon the applicant and or owners, successors, agents, associations, heirs and
assigns and must be adhered to in perpetuity.
65. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
66. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
67. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
242-1458 Waverly Road Sewer Upgrade.doc 8 NACC 9/14/2009
i
DEP FILE#242 - 1458
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/. trust or corporation to whom the
compliance is to be anted.
P gr'
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As-Built" plan or final plans/documents submitted to the Town of North
Andover Sewer Department.
68. 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#242-1458. 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 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;
➢ Discharge or spillage of pollutants (Condition#61);
➢ Prohibition of underground fuels (Condition#62);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#63).
➢ Post Construction O&M Plan (Condition#64)
242-1458 Waverly Road Sewer Upgrade.doc 9 NACC 9/14/2009
Massachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MassDEP File Number
LI
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
E. Signatures and Notary Acknowledgement
This Order is valid for three years, unless otherwise specified as a special 9 C
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission. 2. Number of signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner,if different
from applicant.
Signatures
AtNotary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this f 41�-h of 9P-r.:-�k"C Ageq
Day Month Year
Before me, the undersigned Notary Public, John Mabon
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
=No M
Signature of Notary Public
Printed Name of Notary Public
Place notary and/or any stamp above.
71� a o l�o
My a6mmissi6n Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail, return receipt requested, on
� �r,4;C y .�
Date Date
wpaform5.doc• rev.11108 Page 9 of 11
LiMassachusetts Department of Environmental Protection 242-1458
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 — Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
F. Appeals
The applicant, the owner,any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department,with the
appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided
in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be
required to demonstrate prior participation in the review of this project. Previous participation in the permit
proceeding means the submission of written information to the Conservation Commission prior to the
close of the public hearing, requesting a Superseding Order, or providing written information to the
Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act (M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information, is available on the following page.
wpaform5.doc• rev.17!08
Page 10 of 11
-LJ\
Massachusetts Department of Environmental Protection 242-4458
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 5 - Order of Conditions Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 North Andover
City/Town
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. Therecordinginformation 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:
Waverly Road (Sewer Project) 242-4458
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County Book Page
for:
Town of North Andover
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on;
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc- rev.11/08 Page 11 of 11
DEP FILE #242 - 1458
APPENDIX A AFFIDAVIT
I on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and iia v e read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
242-1458 Waverly Road Sewer Upgrade.doc 10 NACC 9/14/2009